Iowa Legislature. / '&% 0 &% 1#$ 2222222222222222222222222222222222222222222 & %# # $ 3 '& 22222222222222222222222222222222222222222222222 " (' #$# #4 &% $ ) 5

dec 1 2 200Z

CSS3KK‘

IOWAADMINISTRATIVEBULLETIN

Published Biweekly VOLUME XXV NUMBER 12December 11, 2002 Pages 841 to 916

CONTENTS IN THIS ISSUEPages 851 to 912 include ARC 2147B to ARC 2203B

ALL AGENCIESSchedule for rule making ........................................... 844Publication procedures ............................................... 845Administrative rules on CD-ROM .............................845Agency identification numbers................................... 849

ARCHITECTURAL EXAMINING BOARD[193B]Professional Licensing and Regulation Division[193]COMMERCE DEPARTMENT[181]“umbrella”

Notice, Renewal of certificate of registration; alternative method for reciprocal registration; fee for renewal on on-line system, 2.1, 2.2,2.5, 2.7, 2.8 ARC 2178B....................................... 851

CAPITAL INVESTMENT BOARD, IOWA[123]Notice, Tax credit for investments in venture

capital funds, ch 3 ARC 2199B ...........................852

CITY DEVELOPMENT BOARD[263]ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]“umbrella”

Filed, Description and clarification of city boundary change process, rescind chs 1,2, 3, 6; renumber chs 4, 5 as chs 10,11;adopt chs 1 to 9 ARC 2167B ...............................895

CIVIL RIGHTS COMMISSION[161]Notice, Authority of commission to govern its

own meetings; description and methods of contacting the agency, 1.1 ARC 2165B .............. 853

COLLEGE STUDENT AID COMMISSION[283]EDUCATION DEPARTMENT[281]“umbrella”

Notice, Organization and operation, 1.1, 1.2 ARC 2189B............................................................. 854

Notice, Elimination of rules for programs for which there is no longer statutory authority, rescind chs 16, 26, 28, 33, 34 ARC 2188B............................................................. 855

Filed, Iowa tuition grant program 12.2(4)ARC 2190B..............................................................896

DENTAL EXAMINERS BOARD[650]PUBLIC HEALTH DEPARTMENT[641]“umbrella”

Notice, Removal of restorations, rescind 27.7(8) ARC 2147B................................... 855

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]Filed, Emergency shelter grants program,

ch 24 ARC 2168B................................................. 896Filed, Homeless shelter operation grants

program, ch 29 ARC 2170B.................................897

EDUCATIONAL EXAMINERS BOARD[282]EDUCATION DEPARTMENT[281]“umbrella”

Notice, Denial or revocation of a license upon proof of conviction of certain delineated criminal offenses, 11.35,12.2(2) ARC 2198B ... 856

EDUCATION DEPARTMENT[281]Notice, State board of education—nonvoting

student member, 1.1 to 1.4 ARC 2176B.................858Notice, Unsafe school choice option, ch 11

ARC 2175B..............................................................858Notice, Open enrollment, 17.4 ARC 2191B .............859Notice, Charter schools, rescind ch 68

ARC 2192B..............................................................860Filed Emergency, State board of education—

nonvoting student member, 1.1 to 1.4ARC 2202B..............................................................889

Filed Emergency, Open enrollment, 17.4ARC 2203B..............................................................891

Filed, Community college faculty planning,21.3(4) ARC 2193B ............................................... 897

Filed, Criteria for and approval of Iowa teacher intern preparation programs, 77.4, 77.5ARC 2194B..............................................................898

Filed, Early ACCESS integrated system of early intervention services, ch 120 ARC 2174B .............898

ENGINEERING AND LAND SURVEYING EXAMINING BOARD[193C]

Professional Licensing and Regulation Division[193]COMMERCE DEPARTMENT[181]“umbrella”

Filed, Comity applicant experience requirements; use of digital signatures; NCEES examination development committee participation as allowable professional development activity,1.1, 4.2(5), 6.1(9), 7.3(1) ARC2177B.................899

Continued on page 843

PUBLISHED UNDER AUTHORITY OF IOWA CODE SECTIONS 2B.5 AND 17A.6

PREFACEThe Iowa Administrative Bulletin is published biweekly in pamphlet form pursuant to Iowa Code chapters 2B and 17A and

contains Notices of Intended Action on rules, Filed and Filed Emergency rules by state agencies.It also contains Proclamations and Executive Orders of the Governor which are general and permanent in nature; Economic

Impact Statements to proposed rules and filed emergency rules; Objections filed by Administrative Rules Review Committee, Governor or the Attorney General; and Delay by the Committee of the effective date of filed rules; Regulatory Flexibility Analyses and Agenda for monthly Administrative Rules Review Committee meetings. Other “materials deemed fitting and proper by the Administrative Rules Review Committee” include summaries of Public Hearings, Attorney General Opinions and Supreme Court Decisions.

The Bulletin may also contain Public Funds Interest Rates [12C.6]; Workers’ Compensation Rate Filings [515A.6(7)]; Usury [535.2(3)“a”]; Agricultural Credit Corporation Maximum Loan Rates [535.12]; and Regional Banking—Notice of Application and Hearing [524.1905(2)].

PLEASE NOTE: Italics indicate new material added to existing rules; strike-through-letters indicate deleted material.

Subscriptions and Distribution Telephone: (515)281-3568Fax: (515)281-8027

KATHLEEN K. BATES, Administrative Code Editor STEPHANIE A. HOFF, Assistant Editor

Telephone:

Fax:

(515)281-3355(515)281-8157(515)281-4424

SUBSCRIPTION INFORMATION

Iowa Administrative Bulletin

The Iowa Administrative Bulletin is sold as a separate publication and may be purchased by subscription or single copy. All subscriptions will expire on June 30 of each year. Subscriptions must be paid in advance and are prorated quarterly.

July 1, 2002, to June 30, 2003 October 1, 2002, to June 30, 2003 January 1, 2003, to June 30, 2003 April 1, 2003, to June 30, 2003

Single copies may be purchased for $20.85 plus $1.25 sales tax.

$277.50 plus $16.65 sales tax $218.50 plus $13.11 sales tax $147.00 plus $8.82 sales tax $73.50 plus $4.41 sales tax

Iowa Administrative Code

The Iowa Administrative Code and Supplements are sold in complete sets and subscription basis only. All subscriptions for the Supplement (replacement pages) must be for the complete year and will expire on June 30 of each year.

Prices for the Iowa Administrative Code and its Supplements are as follows:

Iowa Administrative Code - $1,273.00 plus $76.38 sales tax(Price includes complete set of rules and index, plus a one-year subscription to the Code Supplement and the Iowa Adminis

trative Bulletin. Additional or replacement binders may be purchased for $12.00 each plus $.72 sales tax.)

Iowa Administrative Code Supplement - $447.75 plus $26.87 sales tax (Subscription expires June 30, 2003)All checks should be made payable to the Treasurer, State of Iowa. Send all inquiries and subscription orders to:

Attn: Stephanie Cox Legislative Service Bureau Capitol Building Des Moines, IA 50319 Telephone: (515)281-3568

LAB 12/11/02 CONTENTS 843

ENVIRONMENTAL PROTECTION COMMISSION [567]

NATURAL RESOURCES DEPARTMENT[561 ]“umbrella”.Amended Notice, Air quality standards for

concentrated animal feeding operations; ambient air quality standards, 20.2, 28.1ARC 2186B..............................................................860

Notice Terminated, Animal feeding operations— interim matrix, 65.1, 65.9(1); ch 65 appendix CARC 2179B............................................................. 860

Notice, Beneficial use determinations: solid by-products as resources and alternative covermaterial, ch 108 ARC 2166B .................................861

Filed, Fugitive emissions of air pollutants notlisted in Clean Air Act, 22.100 ARC 2180B.......... 900

Filed, Sanitary landfills—permitting, design and operation, 100.1,102.2(1), 102.12(10), 102.13,102.14, 102.16; ch 103; 109.10(2); ch 110 title,111.3 to 111.5; chs 112 to 115 ARC 2169B ........ 900

GENERAL SERVICES DEPARTMENT[401]Notice, Office space management, 3.1, 3.6

ARC 2196B............................................................. 866

HUMAN SERVICES DEPARTMENT[441]Notice, Supported community living services under

Medicaid home- and community-based mental retardation and brain injury waivers, 77.37(14),77.39(13), 78.41(1), 78.43(2) ARC 2152B............ 867

Notice, Medicaid—reimbursement rate fortransportation, 78.13(5) ARC 2153B .................... 868

Notice, Medicaid—state maximum allowable costfor specified drugs, 79.1(8) ARC 2154B .............. 868

Filed, Assessment fee for intermediate care facilities for the mentally retarded, ch 36,82.5(13) ARC 2157B ............................................. 901

Filed, Payment of FIP benefits by direct deposit or electronic funds transfer, 45.21,45.24(l)“b”(3) ARC 2160B...................................902

Filed Emergency, Supported community living services under Medicaid home- and community- based mental retardation and brain injury waivers, 77.37(14), 77.39(13), 78.41(1),78.43(2) ARC 2161B ............................................. 891

Filed Emergency, Medicaid—reimbursement ratefor transportation, 78.13(5) ARC2162B .............. 893

Filed, Medicaid claims by nurse-midwives,78.29 ARC 2155B................................................... 902

Filed, Disproportionate share payments forchildren’s hospitals, 79.1(5) ARC 2156B.............. 903

Filed Emergency, Medicaid—state maximum allowable cost for specified drugs, 79.1(8)ARC 2163B............................................................. 893

Filed, Licensure for child-placing agencies and foster family homes, amendments to chs 108,113,117,156,157, 200 ARC 2158B .................... 904

Filed, Iowa senior living trust fund—administration fee allowed for participating nursing facilities,161.1 to 161.4 ARC 2159B.....................................907

INSPECTIONS AND APPEALS DEPARTMENT[481]Notice, Organ and tissue requests and

procurement, 51.8 ARC 2172B .............................869

LABOR SERVICES DIVISION[875]WORKFORCE DEVELOPMENT DEPARTMENT[871]“umbrella”

Notice, Safety standards for signs, signals andbarricades, 26.1 ARC 2164B ............................... 870

Filed Emergency, Federal standards for reporting hearing loss, 4.3 ARC 2197B............................... 894

NATURAL RESOURCE COMMISSION[571]NATURAL RESOURCES DEPARTMENT[561]“umbrella”

Notice, Adoption by reference—rules of practicein contested cases, 7.1 ARC 2185B ....................... 870

Notice Terminated, Elimination of catch-and- release restriction on black bass—portions of Cedar River, Mitchell County, 81.2(2)ARC 2181B..............................................................871

Notice, Fishing tournaments, 88.1, 88.5ARC 2182B..............................................................871

Notice, Nonresident deer hunting—zone licensequotas, 94.6(1) ARC 2187B................................... 872

Notice, Wildlife importation, transportation and disease monitoring—identification anddisposal, 104.11 ARC 2183B................................. 872

Filed, Wild turkey spring hunting, 98.2(1),98.6(1) ARC 2184B ................................................908

PERSONNEL DEPARTMENT[581]Notice, IPERS, 21.13(13), 21.18(2), 21.35

ARC 2171B..............................................................873

PUBLIC HEALTH DEPARTMENT[641]Filed, Practice of tattooing, 21.1 to 22.7

ARC 2150B..............................................................909Filed, Radiation, amendments to chs 38 to 41,

45 ARC 2148B........................................................909Filed, Childhood lead poisoning prevention

program, ch 72 ARC 2151B................................... 911Filed, Establishment of new certificate of birth

after a foreign adoption, 100.3 ARC 2149B...........912

PUBLIC HEARINGSSummarized list............................................................846

RACING AND GAMING COMMISSION[491]INSPECTIONS AND APPEALS DEPARTMENT[481]“umbrelIa"

Notice, General, amendments to chs 4 to 6,9 to 11 ARC 2195B..................................................875

REVENUE AND FINANCE DEPARTMENT[701]Notice of electric and natural gas delivery tax rates

and municipal electric and natural gas transferreplacement tax rates for each competitiveservice area................................................................877

Notice, Sales tax exemption—goods used in completion of construction contracts with designated exempt entities as sponsors,19.12 ARC 2201B....................................................882

Notice, Investment tax credit for equity investments in venture capital funds,42.18(2), 51.21(2), 58.11(2) ARC 2200B...............883

UTILITIES DIVISION[199]COMMERCE DEPARTMENT! 181 fumbrella”

Notice, Electric franchise and related rules,11.1,11.2,11.3(2), 11.5,11.6,11.8, 25.1,25.2, 25.5 ARC 2173B........................................... 885

844 IAB 12/11/02

Schedule for Rule Making 2003

FIRSTHEARING POSSIBLE FIRST POSSIBLE

NOTICE NOTICE OR ADOPTION ADOPTED ADOPTED POSSIBLE EXPIRATIONSUBMISSION PUB. COMMENTS DATE FILING PUB. EFFECTIVE OF NOTICEDEADLINE DATE 20 DAYS 35 DAYS DEADLINE DATE DATE 180 DAYS

Jan. 3 ’03 Jan. 22 ’03 Feb. 11 ’03 Feb. 26 ’03 Feb. 28 ’03 Mar. 19 ’03 Apr. 23 ’03 July 21 ’03Jan. 17 Feb. 5 Feb. 25 Mar. 12 Mar. 14 Apr. 2 May 7 Aug. 4Jan. 31 Feb. 19 Mar. 11 Mar. 26 Mar. 28 Apr. 16 May 21 Aug. 18Feb. 14 Mar. 5 Mar. 25 Apr. 9 Apr. 11 Apr. 30 June 4 Sept. 1Feb. 28 Mar. 19 Apr. 8 Apr. 23 Apr. 25 May 14 June 18 Sept. 15Mar. 14 Apr. 2 Apr. 22 May 7 May 9 May 28 July 2 Sept. 29Mar. 28 Apr. 16 May 6 May 21 May 23 June 11 July 16 Oct. 13Apr. 11 Apr. 30 May 20 June 4 June 6 June 25 July 30 Oct. 27Apr. 25 May 14 June 3 June 18 June 20 July 9 Aug. 13 Nov. 10May 9 May 28 June 17 July 2 July 4 July 23 Aug. 27 Nov. 24May 23 June 11 July 1 July 16 July 18 Aug. 6 Sept. 10 Dec. 8June 6 June 25 July 15 July 30 Aug. 1 Aug. 20 Sept. 24 Dec. 22June 20 July 9 July 29 Aug. 13 Aug. 15 Sept. 3 Oct. 8 Jan. 5 ’04July 4 July 23 Aug. 12 Aug. 27 Aug. 29 Sept. 17 Oct. 22 Jan. 19 ’04July 18 Aug. 6 Aug. 26 Sept. 10 Sept. 12 Oct. 1 Nov. 5 Feb. 2 ’04Aug. 1 Aug. 20 Sept. 9 Sept. 24 Sept. 26 Oct. 15 Nov. 19 Feb.16 ’04Aug. 15 Sept. 3 Sept. 23 Oct. 8 Oct. 10 Oct. 29 Dec. 3 Mar. 1 ’04Aug. 29 Sept. 17 Oct. 7 Oct. 22 Oct. 24 Nov. 12 Dec. 17 Mar. 15 ’04Sept. 12 Oct. 1 Oct. 21 Nov. 5 Nov. 7 Nov. 26 Dec. 31 Mar. 29 ’04Sept. 26 Oct. 15 Nov. 4 Nov. 19 ***Nov. 19*** Dec. 10 Jan. 14 ’04 Apr. 12 ’04Oct. 10 Oct. 29 Nov. 18 Dec. 3 Dec. 5 Dec. 24 Jan. 28 ’04 Apr. 26 ’04Oct. 24 Nov. 12 Dec. 2 Dec. 17 ***Dec. 17*** Jan. 7 ’04 Feb. 11 ’04 May 10 ’04Nov. 7 Nov. 26 Dec. 16 Dec. 31 Jan. 2 ’04 Jan. 21 ’04 Feb. 25 ’04 May 24 ’04***Nov. Dec. 10 Dec. 30 Jan. 14 ’04 Jan. 16 ’04 Feb. 4 ’04 Mar. 10 ’04 June 7 ’04Dec. 5 Dec. 24 Jan.13 ’04 Jan. 28 ’04 Jan. 30 ’04 Feb. 18 ’04 Mar. 24 ’04 June 21 ’04***Dec. 17*** Jan. 7 ’04 Jan. 27 ’04 Feb. 11 ’04 Feb. 13 ’04 Mar. 3 ’04 Apr. 7 ’04 July 5 ’04Jan. 2 ’04 Jan. 21 ’04 Feb. 10 ’04 Feb. 25 ’04 Feb. 27 ’04 Mar. 17 ’04 Apr. 21 ’04 July 19 ’04

PRINTING SCHEDULE FOR IABISSUE NUMBER SUBMISSION DEADLINE ISSUE DATE

14 Wednesday, December 18,2002 January 8, 2003

15 Friday, January 3,2003 January 22,2003

16 Friday, January 17,2003 February 5, 2003

Please Note: .Rules will not be accepted after 12 o’clock noon on the Friday filing deadline days unless prior approval has been received

from the Administrative Rules Coordinator’s office.If the filing deadline falls on a legal holiday, submissions made on the following Monday will be accepted.

***Note change of filing deadline***

IAB 12/11/02 845

PUBLICATION PROCEDURES

TO: Administrative Rules Coordinators and Text Processors of State AgenciesFROM: Kathleen K. Bates, Iowa Administrative Code EditorSUBJECT: Publication of Rules in Iowa Administrative Bulletin

The Administrative Code Division uses Interleaf 6 to publish the Iowa Administrative Bulletin and can import documents directly from most other word processing systems, including Microsoft Word, Word for Windows (Word 7 or earlier), and WordPerfect.

1. To facilitate the publication of rule-making documents, we request that you send your documents) as an attachment(s) to an E-mail message, addressed to both of the following:

[email protected] and [email protected]

2. Alternatively, you may send a PC-compatible diskette of the rule making. Please indicate on each diskette the following information: agency name, file name, format used for exporting, and chapter(s) amended. Diskettes may be delivered to the Administrative Code Division, First Floor South, Grimes State Office Building, or included with the documents submitted to the Governor’s Administrative Rules Coordinator.

Please note that changes made prior to publication of the rule-making documents are reflected on the hard copy returned to agencies by the Governor’s office, but not on the diskettes; diskettes are returned unchanged.

_ Your cooperation helps us print the Bulletin more quickly and cost-effectively than was previously possible and is greatly appreciated.

IOWA ADMINISTRATIVE RULES and IOWA COURT RULES on CD-ROM

2002 SUMMER EDITION

Containing: Iowa Administrative Code (updated through June 2002)Iowa Administrative Bulletins (January through June 2002)Iowa Court Rules (updated through June 2002)

For free brochures and order forms contact:

Legislative Service BureauAttn: Ms. Stephanie CoxState CapitolDes Moines, Iowa 50319Telephone: (515)281-3566 Fax: (515)[email protected]

846 PUBLIC HEARINGS LAB 12/11/02

To All Agencies:The Administrative Rules Review Committee voted to request that Agencies comply with Iowa Code section 17A.4(l)“b” by allowing the opportunity for oral presentation (hearing) to be held at least twenty days after publication of Notice in the Iowa Administrative Bulletin.AGENCY HEARING LOCATION DATE AND TIME OF HEARING

CIVIL RIGHTS COMMISSION[161]Organization and administration,

1.1IAB 12/11/02 ARC 2165B

Conference Room, Second Floor 211 E. Maple Des Moines, Iowa

December 31, 20021 p.m.

DENTAL EXAMINERS BOARD [650]Removal of restorations, Conference Room, Suite D January 7, 2003

27.7(8) 400 SW Eighth St. 10 a.m.IAB 12/11/02 ARC 2147B Des Moines, Iowa

EDUCATIONAL EXAMINERS BOARD[282]Denial or revocation of a license upon Room 3 North

proof of conviction of certain Grimes State Office Bldg,criminal offenses, 11.35, 12.2(2) Des Moines, Iowa IAB 12/11/02 ARC 2198B

January 14, 2003 1 p.m.

EDUCATION DEPARTMENT[281]Organization and operation,

1.1 to 1.4IAB 12/11/02 ARC 2176B(See also ARC 2202B herein)

Unsafe school choice option, ch 11IAB 12/11/02 ARC 2175B

Application for open enrollment, 17.4IAB 12/11/02 ARC 2191B(See also ARC 2203B herein)

Second Floor South Conference Room December 31, 2002 Grimes State Office Bldg. 9 a.m.Des Moines, Iowa

State Board Room January 3, 2003Grimes State Office Bldg. 9:30 a.m.Des Moines, IowaSecond Floor South Conference Room December 31, 2002 Grimes State Office Bldg. 9 a.m.Des Moines, Iowa

ENVIRONMENTAL PROTECTION COMMISSION[567]Beneficial use determinations: solid

by-products as resources and alternative cover material, ch 108 IAB 12/11/02 ARC 2166B

Fifth Floor Conference Room Wallace State Office Bldg. Des Moines, Iowa

January 8, 2003 10 a.m.

GENERAL SERVICES DEPARTMENT[401]Office space management, Director’s Conference Room, Level A January 6, 2003

3.1,3.6 Hoover State Office Bldg. 11 a.m.IAB 12/11/02 ARC 2196B Des Moines, Iowa

IAB 12/11/02 PUBLIC HEARINGS 847

LABOR SERVICES DIVISION[875]Construction safety and health rules,

26.1IAB 12/11/02 ARC 2164B

Stanley Room 1000 E. Grand Ave. Des Moines, Iowa

January 3, 2003 10 a.m.

MEDICAL EXAMINERS BOARD[653]Annual subscription for unlimited

verifications of licensure status,8.5(1)IAB 11/27/02 ARC 2135B

Suite C400 SW Eighth St.Des Moines, Iowa

December 17, 2002 3:15 p.m.

Standards of practice; principles of professional ethics,13.10 to 13.12, ch 18IAB 11/27/02 ARC 2134B

Suite C400 SW Eighth St.Des Moines, Iowa

December 17, 2002 3:30 p.m.

NATURAL RESOURCE COMMISSION[571]Fishing tournaments,

88.1, 88.5IAB 12/11/02 ARC 2182B

Fourth Floor Conference Room Wallace State Office Bldg.Des Moines, Iowa

January 7, 20031 p.m.

Nonresident deer hunting— zone license quotas, 94.6(1)IAB 12/11/02 ARC 2187B

Fourth Floor East Conference Room Wallace State Office Bldg.Des Moines, Iowa


Wildlife importation, transportation and disease monitoring— identification and disposal requirements, 104.11IAB 12/11/02 ARC 2183B

Fourth Floor East Conference Room Wallace State Office Bldg.Des Moines, Iowa


PERSONNEL DEPARTMENT[581]IPERS,

21.13(13), 21.18(2), 21.35IAB 12/11/02 ARC 2171B

7401 Register Dr.Des Moines, Iowa

December 31, 2002 9 a.m.

PROFESSIONAL LICENSURE DIVISION[645]

Barber examiners,21.2(1), 21.10(6), 21.11(7), ch 23,26.1(8)IAB 11/27/02 ARC 2129B

Fifth Floor Board Conference Room Lucas State Office Bldg.Des Moines, Iowa

December 19, 2002 9 to 11 a.m.

PUBLIC HEALTH DEPARTMENT[641]Fees for autopsies and related services

and reimbursement for related expenses, 126.3IAB 11/27/02 ARC 2136B

Room 513Lucas State Office Bldg.Des Moines, Iowa

December 17,2002 2 to 3:30 p.m.

County medical examiners—autopsies, 127.3,127.5(1)IAB 11/27/02 ARC 2137B

Room 513Lucas State Office Bldg.Des Moines, Iowa

December 17, 2002 2 to 3:30 p.m.

848 PUBLIC HEARINGS IAB 12/11/02

PUBLIC SAFETY DEPARTMENT[661]Building code—accessibility standards, Third Floor Conference Room

16.700 to 16.720 Wallace State Office Bldg.IAB 11/27/02 ARC 2142B Des Moines, Iowa(ICN Network)

Public Library 400 Willow Ave.Council Bluffs, IowaPublic Library 500 First St. SE Cedar Rapids, Iowa

RACING AND GAMING COMMISSION[491]General, Suite B

amendments to chs 4 to 6, 9 to 11 717 E. CourtIAB 12/11/02 ARC 2195B Des Moines, Iowa

STATUS OF WOMEN DIVISION [435]General; Iowa women’s hall of fame, Room 208

amendments to chs 1 to 3, 5 Lucas State Office Bldg.IAB 11/27/02 ARC 2127B Des Moines, Iowa

TRANSPORTATION DEPARTMENT[761]Procurement of equipment, materials,

supplies and services,20.2 to 20.5, 20.8IAB 11/27/02 ARC 2118B

Third Floor Conference Room Administration Bldg.800 Lincoln Way Ames, Iowa

UTILITIES DIVISION[199]Electric franchise and related rules,

11.1 to 11.3,11.5, 11.6, 11.8, 25.1, 25.2, 25.5IAB 12/11/02 ARC 2173B

Hearing Room 350 Maple St.Des Moines, Iowa

December 17, 2002 1:30 p.m.

December 17, 2002 1:30 p.m.

December 17, 2002 1:30 p.m.

January 7, 2003 9 a.m.

December 17, 2002 8:30 a.m.

December 20, 2002 10 a.m.(If requested)

February 14, 2003 10 a.m.

IAB 12/11/02 AGENCY IDENTIFICATION NUMBERS 849

Due to reorganization of state government by 1986 Iowa Acts, chapter 1245, it was necessary to revise the agency identification numbering system, i.e., the bracketed number following the agency name.

“Umbrella” agencies and elected officials are set out below at the left-hand margin in CAPITAL letters. Divisions (boards, commissions, etc.) are indented and set out in lowercase type under their statutory “umbrellas.” Other autonomous agencies which were not included in the original reorganization legislation as “umbrella” agen

cies are included alphabetically in small capitals at the left-hand margin, e.g., BEEF industry COUNCIL, IOWA[101]. The following list will be updated as changes occur:

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT^ 1]Agricultural Development Authority[25]Soil Conservation Division[27]

ATTORNEY GENERAL[61]AUDITOR OF STATE[81]BEEF INDUSTRY COUNCIL, IOWA[101]BLIND, DEPARTMENT FOR THE[111]CAPITAL INVESTMENT BOARD, IOWA[123]CITIZENS’ AIDE[141]CIVIL RIGHTS COMMISSION[161]COMMERCE DEPARTMENT[ 181]

Alcoholic Beverages Division[185]Banking Division[187]Credit Union Division[189]Insurance Division[191]Professional Licensing and Regulation Division[193]

Accountancy Examining Board[193A]Architectural Examining Board[193B]Engineering and Land Surveying Examining Board[193C]Landscape Architectural Examining Board[193D]Real Estate Commission[193E]Real Estate Appraiser Examining Board[193F]

Savings and Loan Division[197]Utilities Division[199]

CORRECTIONS DEPARTMENT[201]Parole Board[205]

CULTURAL AFFAIRS DEPARTMENT[221]Arts Division[222]Historical Division[223]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]City Development Board[263]Iowa Finance Authority[265]

EDUCATION DEPARTMENT[281]Educational Examiners Board[282]College Student Aid Commission[283]Higher Education Loan Authority[284]Iowa Advance Funding Authority[285]Libraries and Information Services Division[286]Public Broadcasting Division[288]School Budget Review Committee[289]

EGG COUNCIL, IOWA[301]ELDER AFFAIRS DEPARTMENT[321]EMPOWERMENT BOARD, IOWA[349]ETHICS AND CAMPAIGN DISCLOSURE BOARD, IOWA[351]EXECUTIVE COUNCIL[361]FAIR BOARD[371]GENERAL SERVICES DEPARTMENT[401]HUMAN INVESTMENT COUNCIL[417]HUMAN RIGHTS DEPARTMENT^ 1]

Community Action Agencies Division[427]Criminal and Juvenile Justice Planning Division[428]Deaf Services Division[429]Persons With Disabilities Division[431]Latino Affairs Division[433]Status of African-Americans, Division on the[434]Status of Women Division[435]

HUMAN SERVICES DEPARTMENT[441]INFORMATION TECHNOLOGY DEPARTMENT[471]

850 AGENCY IDENTIFICATION NUMBERS IAB 12/11/02

INSPECTIONS AND APPEALS DEPARTMENT[481]Employment Appeal Board[486]Foster Care Review Board [489]Racing and Gaming Commission [491]State Public Defender[493]

LAW ENFORCEMENT ACADEMY[501]LIVESTOCK HEALTH ADVISORY COUNCIL[521]MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]City Finance Committee[545]County Finance Committee[547]

NARCOTICS ENFORCEMENT ADVISORY COUNCIL[551]NATIONAL AND COMMUNITY SERVICE, IOWA COMMISSION ON[555] NATURAL RESOURCES DEPARTMENT^61]

Energy and Geological Resources Division[565]Environmental Protection Commission[567]Natural Resource Commission [5 71]Preserves, State Advisory Board for[575]

PERSONNEL DEPARTMENT^ 1]PETROLEUM UNDERGROUND STORAGE TANK FUND

BOARD, IOWA COMPREHENSIVE[591]PREVENTION OF DISABILITIES POLICY COUNCIL[597]PUBLIC DEFENSE DEPARTMENT[601 ]

Emergency Management Division[605]Military Division[611]

PUBLIC EMPLOYMENT RELATIONS BOARD[621]PUBLIC HEALTH DEPARTMENT[641]

Substance Abuse Commission[643]Professional Licensure Division[645]Dental Examiners Board[650]Medical Examiners Board[653]Nursing Board[655]Pharmacy Examiners Board[657]

PUBLIC SAFETY DEPARTMENT[661]RECORDS COMMISSION[671]REGENTS BOARD[681]

Archaeologist[685]REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]SECRETARY OF STATE[721]SEED CAPITAL CORPORATION, IOWA[727]SHEEP AND WOOL PROMOTION BOARD, IOWA[741] TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION, IOWA[751] TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]TREASURER OF STATE[781]TURKEY MARKETING COUNCIL, IOWA[787]UNIFORM STATE LAWS COMMISSION[791]VETERANS AFFAIRS COMMISSION[801]VETERINARY MEDICINE BOARD[811]VOTER REGISTRATION COMMISSION[821]WORKFORCE DEVELOPMENT DEPARTMENT[871]

Labor Services Division[875]Workers’ Compensation Division[876]Workforce Development Board and

Workforce Development Center Administration Division[877]

LAB 12/11/02 NOTICES 851

ARC 2178BARCHITECTURAL EXAMINING

BOARD [193B]Notice of Intended Action

Twenty-Gve interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“£.”

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 544A.29, the Architectural Examining Board hereby gives Notice of Intended Action to amend Chapter 2, “Registration,” Iowa Administrative Code.

These amendments clarify the Board’s processes for renewals of individual certificates of registration and Authorizations to Practice Architecture by a Business Entity, adopt an alternative method for reciprocal registration, and implement a fee that encourages renewal via the Board’s on-line system. These amendments are subject to waiver or variance pursuant to 193—Chapter 5.

Consideration will be given to all written suggestions or comments on the proposed amendments received on or before December 31, 2002. Comments should be addressed to Glenda Loving, Architectural Examining Board, 1920 S.E. Hulsizer, Ankeny, Iowa 50021, or faxed to (515)281-7411. E-mail may be sent to [email protected].

These amendments are intended to implement Iowa Code chapters 17A and 544A.

The following amendments are proposed.

ITEM 1. Amend rule 193B—2.1(544A,17A) by adding the following definition in alphabetical order:

“Inactive” means retired from the practice of architecture in all states of registration.

ITEM 2. Renumber current subrule 2.2(3) as 2.2(4) and adopt the following new subrule 2.2(3):

2.2(3) The board shall consider applicants who have fulfilled NCARB’s Broadly Experienced Architect requirements as substantially equivalent to the requirements outlined in subrule 2.2(2).

ITEM 3. Amend subrules 2.5(4), 2.5(5) and 2.5(6) as follows:

2.5(4) If grounds exist to deny a timely and sufficient application to renew, the board shall send written notification to the applicant by restricted certified mail, return receipt requested. Grounds may exist to deny an application to renew if, for instance, the registrant failed to satisfy the continuing education as required as a condition for registration. If the basis for denial is pending disciplinary action or disciplinary investigation which is reasonably expected to culminate in disciplinary action, the board shall proceed as provided in 193—-Chapter 7. If the basis for denial is not related to a pending or imminent disciplinary action, the applicant may contest the board’s decision as provided in 193—subrule 7.39(4) 7.40(1).

2.5(5) When a registrant appears to be in violation of mandatory continuing education requirements, the board may, in lieu of proceeding to a contested case hearing on the denial of a renewal application as provided in rule 493—7.39(546, 272G) 193—7.40(546,272C), offer a registrant the opportu

nity to sign a consent order. While the terms of the consent order will be tailored to the specific circumstances at issue, the consent order will typically impose a penalty between $50 and $250, depending on the severity of the violation, establish deadlines for compliance, and may impose additional educational requirements on the registrant. A registrant is free to accept or reject the offer. If the offer of settlement is accepted, the registrant will be issued a renewed certificate of registration and will be subject to disciplinary action if the terms of the consent order are not complied with. If the offer of settlement is rejected, the matter will be set for hearing, if timely requested by the applicant pursuant to 193—subrule 7.39(4) 7.40(1).

2.5(6) The board shall may notify, by certified mail, return receipt-requested, registrants whose certificates of registration have expired. The failure of the board to provide this courtesy notification or the failure of the registrant to receive or sign for the notification shall not extend the date of expiration.

Item 4. Amend subrules 2.7(4) and 2.7(5) as follows:2.7(4) The Authorization to Practice Architecture as a

Business Entity will expire on June 30 of each every other year. The initial authorization shall expire the June 30 that is more than 12 months past the date of the original application. It is the policy of the board to mail renewal Renewal application forms will be marled to the last-known address approximately one month prior to the date of expiration. The form will request information substantially similar to the information requested in subrule 2.7(1). Failure to receive the form shall not relieve the holder of the responsibility to timely renew and pay the renewal fee.

2.7(5) The board shall may give notice by certified mail, return-receipt requested, to the holder of an authorization who has failed to renew the authorization and whose authorization has expired. The failure of the board to provide this courtesy notification or the failure of the business entity to receive the notification shall not extend the date of expiration. If the holder fails to renew within 30 days of receipt of thenoticerthe authorization to practice as a business entity shallbe canceled:

ITEM 5. Amend rule 193B—2.8(544A,17A) as follows:

193B—2.8(544A,17A) Fee schedule. Under the authority provided in Iowa Code chapter 544A, the following fees arehereby adopted:

Examination fees:Initial application fee paid to board $100Fees for examination subjects shall

be paid directly to the testing service selected by NCARB

Initial registration fee $ 50(plus $5 per month until renewal)

Reciprocal application and registration fee $200Biennial renewal of Authorization to Practice

as a Business Entity $100Biennial renewal fee (Internet renewal) $200Biennial renewal fee (paper renewal) $250Biennial renewal fee (retired-inactive) $ 50Reinstatement of lapsed individual

registration (per month) $ 25Duplicate certificate fee $ 50Authorization to Practice as a Business Entity $ 50Renewal of-Authorization to Practice

as a Business-Entity $ 50

852 NOTICES IAB 12/11/02

ARCHITECTURAL EXAMINING BOARD[193B](cont’d)

Reinstatement of a lapsed Authorizationto Practice as a Business Entity $100

ARC 2199B

CAPITAL INVESTMENT BOARD, IOWA[123]

Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(l)“fe.”


Pursuant to the authority of 2002 Iowa Acts, House File 2078, section 3, the Iowa Capital Investment Board hereby gives Notice of Intended Action to adopt Chapter 3, “Tax Credit for Investments in Venture Capital Funds,” Iowa Administrative Code.

These rules are proposed because of 2002 Iowa Acts, House File 2586.

Proposed Chapter 3 provides for an investment tax credit administered by the Iowa Capital Investment Board for investments in venture capital funds.

These rules are being filed by the Department of Revenue and Finance on behalf of the Iowa Capital Investment Board pursuant to an Administrative Services Agreement between the Department and the Board.

The proposed rules will not necessitate additional expenditures by political subdivisions or agencies and entities which contract with political subdivisions.

Any person who believes that the application of the discretionary provisions of these rules would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any.

The Board has determined that these proposed rules may have an impact on small business. The Board has considered the factors listed in Iowa Code section 17A.4A. The Board will issue a regulatory analysis as provided in Iowa Code section 17A.4A if a written request is filed by delivery or by mailing postmarked no later than January 13, 2003, to the Iowa Capital Investment Board, in care of the Policy Section, Compliance Division, Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306. The request may be made by the Administrative Rules Review Committee, the Administrative Rules Coordinator, at least 25 persons signing that request who each qualify as a small business or by an organization representing at least 25 such persons.

Any interested person may make written suggestions or comments on these proposed rules on or before January 10, 2003. Such written comments should be directed to the Iowa Capital Investment Board, in care of the Policy Section, Compliance Division, Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306.

Persons who want to convey their views orally should contact the Board, in care of the Policy Section, Compliance Division, Department of Revenue and Finance, at (515) 281-8036 or at the Department of Revenue and Finance offices on the fourth floor of the Hoover State Office Building.

Requests for a public hearing must be received by January 3, 2003.

These rules are intended to implement Iowa Code chapter 15E as amended by 2002 Iowa Acts, House File 2586.

The following new chapter is proposed.

CHAPTER 3TAX CREDIT FOR INVESTMENTS

IN VENTURE CAPITAL FUNDS

123—3.1 (15E) Tax credit for investments in venture capital funds. For tax years beginning on or after January 1,2002, a taxpayer may claim a tax credit against the taxpayer’s tax liability for personal net income tax imposed under Iowa Code chapter 422, division II, business tax on corporations imposed under Iowa Code chapter 422, division III, taxation of financial institutions imposed under Iowa Code chapter 422, division V, insurance companies tax imposed under Iowa Code chapter 432 or taxation of credit unions imposed under Iowa Code section 533.24, for a portion of a taxpayer’s equity investment in a venture capital fund. Natural persons and various types of legal entities, including but not limited to corporations, limited liability companies, partnerships (both general and limited), trusts and estates, shall be eligible for the investment tax credit provided for an investment in a venture capital fund. If the taxpayer that is entitled to an investment tax credit for an investment in a venture capital fund is a passthrough entity electing to have its income taxed directly to its individual owners, such as a partnership, limited liability company, S corporation, estate or trust, the pass-through entity shall allocate the allowable credit to each of the individual owners of the entity on the basis of each owner’s pro rata share of the earnings of the entity, and the individual owners may claim their respective credits on their individual income tax returns. A taxpayer shall not claim an investment tax credit for an investment in a venture capital fund if the taxpayer is a venture capital investment fund allocation manager for the Iowa fund of funds described in 2002 Iowa Acts, House File 2078, section 5, or an investor that receives a tax credit for an investment in a community-based seed capital fund as described in 2002 Iowa Acts, House File 2271, section 5. The taxpayer’s equity investment must be made in the form of cash to purchase equity in a venture capital fund.

123—3.2(15E) Definitions. The following definitions are applicable to this chapter:

“Board” means the Iowa capital investment board created under 2002 Iowa Acts, House File 2078, section 3.

“Physical presence in Iowa” includes, but is not limited to, having an office or other business location in Iowa, or having employees or representatives present in Iowa on a regular and continuing basis.

“Venture capital fund” means a private seed and venture capital partnership or entity fund that has been certified by the Iowa capital investment board.

123—3.3(15E) Verification of venture capital funds. Aventure capital fund shall provide to the board information as a prerequisite to the board’s issuance of any investment tax credits to investors in such venture capital funds. The venture capital fund must provide this information within 120 days from the first date on which the equity investments qualifying for the investment tax credit have been made (or, for investments made during the 2002 calendar year, by the later of 120 days from the first date on which the investments have been made or March 31, 2003).

Application forms setting forth the information required to verify the eligibility of a venture capital fund may be obtained by contacting the Iowa capital investment board at the Iowa Department of Revenue and Finance, 1305 E. Walnut


CAPITAL INVESTMENT BOARD, IOWA[123](cont’d)

Street, Hoover State Office Building, Des Moines, Iowa 50319. The telephone number is (515)281-3204. Applications shall be submitted to the board in care of the department of revenue and finance at the address identified above.

The information required by the board to verify an eligible venture capital fund is set forth below:

1. A copy of the fund’s certificate of limited partnership, limited partnership agreement, articles of organization or operating agreement certified by the chief executive officer of the venture capital fund.

2. A signed statement, from an officer, director, manager, member or general partner of the fund, stating that the fund maintains a physical presence within Iowa.

3. A signed statement, from an officer, director, manager, member or general partner of the fund, stating that a commitment has been made by the fund to consider equity investments in businesses located within Iowa.

Upon the board’s receipt of the information and documentation necessary to demonstrate satisfaction of the criteria set forth herein, the board shall, within a reasonable period of time, determine whether a certification will be issued for the venture capital fund. If the board certifies the venture capital fund, the board shall register the fund on a registry that shall be maintained by the board. The board shall use such registry to authorize the issuance of further investment tax credits to taxpayers who make equity investments in the venture capital funds registered with the board. The board shall issue written notification to the venture capital fund that such fund has been registered as a venture capital fund with the board for the purpose of issuing investment tax credits.

123—3.4(15E) Application for the investment tax credit.Upon verification and registration by the board of a venture capital fund, a taxpayer who desires to receive an investment tax credit for an equity investment in a venture capital fund must submit an application to the board for approval and provide such other information and documentation as may be requested by the board. Application forms for the investment tax credit may be obtained by contacting the Iowa capital investment board at the Iowa Department of Revenue and Finance, 1305 E. Walnut Street, Hoover State Office Building, Des Moines, Iowa 50319. Applications shall be submitted to the board in care of the department of revenue and finance at the address identified above. Each application shall be date- and time-stamped by the department of revenue and finance in the order in which such applications are received. Applications for the investment tax credit shall be accepted by the board until March 31 of the year following the calendar year in which the taxpayer’s equity investment is made.

123—3.5(15E) Issuance and distribution of investment tax credits. Upon verification and registration by the board of a venture capital fund, the board shall issue a tax credit certificate to the applicant. The tax credit certificate shall be in a form approved by the board and shall contain the taxpayer’s name, address, and tax identification number, the amount of credit, the name of the venture capital fund, the year in which the credit may be redeemed and any other information that may be required by the department of revenue and finance. In addition, the tax credit certificate shall contain the following statement:

The Iowa Capital Investment Board has not recommended or approved this investment or passed on the merits or risks of such investment. Investors should rely solely on their own investigation and analysis and seek investment, financial, legal and tax advice before

making their own decision regarding investment in this enterprise.

A tax credit is equal to 6 percent of the taxpayer’s equity investment in the venture capital fund. The aggregate amount of tax credits issued pursuant to this rule shall not exceed a total of $5 million. The applicants shall receive tax credit certificates on a first-come, first-served basis, until the amount of credits authorized for issuance has been exhausted.

123—3.6(15E) Claiming the tax credits. A taxpayer shall not claim the tax credit prior to the third tax year following the tax year in which the investment is made. An investment shall be deemed to have been made on the same date as the date of acquisition of the equity interest as determined by the Internal Revenue Code. A tax credit shall not be redeemed during any tax year beginning prior to January 1,2005. A tax credit shall not be transferable to any other taxpayer. Any tax credit in excess of the taxpayer’s liability for the tax year may be credited to the tax liability for the following five years or until depleted, whichever is earlier. A tax credit shall not be carried back to a tax year prior to the tax year in which the taxpayer redeems the tax credit.

123—3.7(15E) Notification to the department of revenue and finance. Upon the issuance and distribution of investment tax credits for each tax year, the board shall notify the department of revenue and finance by providing copies of the tax credit certificates issued for such tax year to the department of revenue and finance. Such notification shall also include, but not be limited to, the aggregate number and amount of tax credits issued for such tax year.

123—3.8(15E) Additional information. The board retains the authority to request additional information and documentation from the venture capital fund regarding the investments made by the venture capital fund in businesses located in Iowa.

These rules are intended to implement Iowa Code chapter 15E as amended by 2002 Iowa Acts, House File 2586.

ARC 2165B

CIVIL RIGHTS COMMISSION[161]Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“£>.”

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section I7A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to Iowa Code sections 216.4, 216.5(10) and 216.15(11), the Civil Rights Commission proposes to amend Chapter 1, “Rules of Practice,” Iowa Administrative Code.

These amendments are intended to implement Iowa Code section 216.4 which gives the Commission the authority to adopt rules governing its own meetings. Also, the changes implement the directive of Iowa Code section 17A.3(l)“a” that the agency give a description and set out methods of contacting the agency.

Any interested person may make written suggestions or comments on the proposed amendments on or before December 31, 2002. Such written suggestions or comments should be directed to the Civil Rights Commission, 211 East Maple, 2nd Floor, Des Moines, Iowa 50309; fax (515)242-5840.


CIVIL RIGHTS COMMISSION[161](cont’d)

Persons are also invited to present oral or written comments at a public hearing which will be held on December 31, 2002, at 1 p.m. in the Conference Room, Civil Rights Commission, 211 East Maple, 2nd Floor, Des Moines, Iowa 50309. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments.

Any persons who intend to attend the public hearing and have special requirements such as hearing or mobility impairments should contact the Civil Rights Commission and advise of specific needs.

These amendments are intended to implement Iowa Code sections 216.4, 216.5(10) and 216.15(11).


Amend rule 161—1.1(216) to read as follows:Amend paragraph l.l(l)“b” as follows:b. Location. The Iowa civil rights commission, herein

after referred to as “commission,” is located on the second floor, 211 East Maple Street, Des Moines, Iowa 50309; telephone (515)281-4121; toll-free in Iowa only 1-800- 457-4416; facsimile transmission (fax) (515)242-5840; telecommunications device for the deaf (TDD) (515)281-8085. Office hours are 8 a.m. to 4:30 p.m. Monday through Friday.

Rescind subrule 1.1(3) and adopt the following new subrule in lieu thereof:

1.1(3) Electronic attendance of commissioners.a. Notification. A commissioner wishing to attend the

commission meeting by electronic means shall notify the executive director of this intent. The executive director will then take all reasonable measures to ensure that the necessary equipment is available at the site selected for the commission meeting. The commissioner attending by electronic means is responsible for ensuring that adequate equipment is available at the commissioner’s location.

b. Public participation. Whenever any commissioners attend by electronic means, public access to the conversation of the commission shall be allowed at the location of at least one of the commissioners. Unless good cause requires otherwise, the location where public access to the conversation is provided shall be a location reasonably accessible to the public. If the location is not reasonably accessible to the public, the nature of the good cause justifying inaccessibility shall be stated in the minutes.

c. Electronic attendance of multiple commissioners. If at the time a commissioner notifies the executive director of the intent to attend electronically that commissioner’s electronic attendance would mean that four or more commissioners would be attending separately via electronic means, then that commissioner may not attend by electronic means unless the in-person attendance of any four of the commissioners attending the meeting at any of the available meeting sites is impossible or impracticable.

d. Conducting electronic meeting. Whenever four or more commissioners are separately attending a commission meeting by electronic means, the commission shall conduct the meeting in accordance with the following requirements:

(1) The commission shall keep detailed minutes of all discussion, all persons present and all action. The commission shall electronically record all proceedings in the meeting and retain such recordings for no less than one year from the date of the meeting.

(2) The minutes of the meeting shall include a statement explaining why a meeting in person was impossible or impracticable.

(3) The public notice of the meeting shall state the location of the meeting to be the location where public access to the conversation is provided.

ARC 2189B

COLLEGE STUDENT AID COMMISSION[283]

Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“6.”


Pursuant to the authority of Iowa Code sections 261.3 and 261.37(5), the College Student Aid Commission proposes to amend Chapter 1, “Organization and Operation,” Iowa Administrative Code.

The proposed amendments, which clarify the rules and correct grammatical oversights, are made pursuant to Executive Order Number 9.

Interested persons may submit comments orally or in writing to the Executive Director, College Student Aid Commission, 200 Tenth Street, Fourth Floor, Des Moines, Iowa 50309; telephone (515)242-3344, by 4:30 p.m. on December 31,2002.

These amendments are intended to implement Iowa Code sections 17A.3(l)“a” and “b” and chapter 261.


Item 1. Amend rule 283—1.1(261) as follows:

283—1.1(261) Purpose. This chapter describes the organization and, operation, and location of the Iowa college student aid commission (hereinafter generally referred to as the commission, or the ICSAC) ;-or thc-Iowa-studenTaid-commission) including the offices where, and describes the means by which* any interested person may obtain information and make submittals or requests.


283—1.2(261) Organization and operations.1.2(1) Location. The commission is located in the Clem

ens Building, 200 Tenth Street, Fourth Floor, Des Moines, Iowa 50309-3609; telephone (515) 284-3504242-3344; Web site www.iowacollegeaid.org. Office hours are 8 a.m. to 4:30 p.m., Monday to Friday. Offices are closed on Saturdays and Sundays and on official state holidays designated in accordance with state law.

1.2(2) The commission. The commission consists of 12 members and functions under the leadership of a chairperson elected by the membership. Eight members are appointed by the governor to serve a term of four-year term terms. Three of the governor’s appointees represent the general public, one represents Iowa lending institutions, one represents Iowa independent colleges and universities, one represents Iowa community colleges, one represents the Iowa student loan liquidity corporation, and one represents Iowa postsecondary students. The board of regents, president of the senate, and speaker of the house each appoint a commission member*. and the The superintendent of the department of education is serves as a continuous member of the commission and may appoint a designee to represent the department of education.


COLLEGE STUDENT AID COMMISSION[283](cont’d)

1.2(3) Meetings. The commission shall meet at regular intervals at least six times annually. Additional meetings may be called at the discretion of the chairperson.

a. The chairperson of the commission presides at each meeting. Members of the public may be recognized at the discretion of the chairperson. All meetings are open to the public in accordance with the open meetings law, Iowa Code chapter 28A 21.

b. The commission shall give advance public notice of the time and place of each commission meeting. The notice will include the specific date, time, and place of the meeting.

c. A quorum shall consist of two-thirds of the voting members of the commission. When a quorum is present, a position is carried by an affirmative vote of the majority of commission members eligible to vote.

d. A specific time is set aside at each meeting for the public to address the beard commission. As a general guideline, a limit of five minutes will be allocated for each of these presentations. If a large group seeks to address a specific issue, the chairperson may limit the number of speakers. Members of the public who wish to address the board commission during this portion of the meeting are required to fill out a card, which is available upon request, that is to be given to the commission’s confidential secretary prior to the meeting. The person’s name and the subject of the person’s remarks must be noted. To accommodate maximum public participation, members of the public are encouraged to submit the cards at least 72 hours in advance of the meeting.

1.2(4) Minutes. The minutes of all commission meetings are recorded and kept by the executive director in the commission office. Upon approval by the commission, minutes are posted on the commission’s Web site.

1.2(5) Records. The records of all of-the business transacted and other information with respect to the operation of the commission are public records and are on file in the commission office. All records, except statements specified as confidential under these rules, are available for inspection during regular business hours. (Copies of records up to ten pages in number may be obtained without charge. The cost of reproduction will be charged for pages in excess of ten. The charge may be waived by the executive director if deemed advisable.)

1.2(6) Submission and requests. Inquiries, submissions, petitions, and other requests directed to the commission may be made by letter addressed to the executive director at the address listed in subrule 1.2(1). Any person may petition for a written or oral hearing before the commission. All requests for a hearing must be in writing and state the specific subject to be discussed and the reasons why a personal appearance is necessary if one is requested.

1.2(7) Advisory councils. An advisory council selected from officers of Iowa secondary schools, public area schools, Iowa independent colleges and universities, lending institutions, and state-supported universities, shall be established by the commission. Members are appointed to serve four- year terms with the exception of the elected presidents of the Iowa Counseling Association for Counseling and Development, the Iowa Association of for College Admissions Counselors Admission Counseling, and the Iowa Association of Student Financial Aid Administrators, who serve only for during their one year terms in office. The executive director of the Iowa student loan liquidity corporation shall be appointed to the council as is a permanent member. The council shall meet at least annually to review the state-supported student aid programs and make recommendations to the commission for revisions in policies and procedures.

This subrule provides schools with representation in the administration of student aid programs implemented under Iowa Code chapter 261.

ARC 2188B


Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(l)wf>.”


Pursuant to the authority of Iowa Code section 261.3, the College Student Aid Commission proposes to rescind Chapter 16, “Iowa Science and Mathematics Loan Program,” Chapter 26, “Iowa Science and Mathematics Grant Program,” Chapter 28, “Access to Education Grant Program,” Chapter 33, “Graduate Student Financial Assistance Program,” and Chapter 34, “Cosmetology and Barber Grants,” Iowa Administrative Code.

This proposed amendment eliminates rules for programs for which there is no longer statutory authority and is made pursuant to Executive Order Number 9.

Interested persons may submit comments orally or in writing to the Executive Director, College Student Aid Commission, 200 Tenth Street, Fourth Floor, Des Moines, Iowa 50309; telephone (515)242-3344, by 4:30 p.m. on December 31, 2002.

This amendment is intended to implement Iowa Code chapters 17A and 261.

The following amendment is proposed.

Rescind and reserve 283—Chapters 16, 26, 28, 33, and 34.

ARC 2147BDENTAL EXAMINERS BOARD [650]



Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners hereby gives Notice of Intended Action to amend Chapter 27, “Standards of Practice and Principles of Professional Ethics,” Iowa Administrative Code.

This amendment rescinds subrule 27.7(8), which states that “Recommending removal of restorations or removing said restorations from the nonallergic patient for the alleged purpose of removing toxic substances from the body, when such activity is initiated by the dentist, is an improper and unacceptable treatment regimen.” Board discipline of licensees on matters related to removal of these restorations will con-


DENTAL EXAMINERS BOARD[650](cont’d)

tinue to be based on existing Board rules and prior adjudications in similar cases.

The Board is rescinding the subrule in light of concerns that the rule may not be sufficiently detailed to fully guide dentists in adhering to prior decisions of the Board on the removal of restorations. Rescission of the subrule will give the Board additional time to consider whether a rule is needed to set forth professional standards for removal of restorations, as established in the Board’s prior adjudications, including Board of Dental Examiners v. Hufford. 461 N.W.2d 194 (Iowa Supreme Court, 1990).

The Hufford case involved charges that a dentist had improperly diagnosed and established a treatment plan for a patient who was suffering from multiple sclerosis. Based on the determination that the patient was suffering health complications caused by her silver amalgams, the dentist extracted all her teeth and prescribed substances ostensibly used to remove mercury from her body. Although the dentist assured the patient that removal of her amalgams would improve her health and stop the progress of multiple sclerosis, the patient’s condition was exacerbated. The Board charged that the dentist had fraudulently treated the patient. The Iowa Supreme Court upheld the suspension of the dentist’s license.

A number of scientific studies have been conducted concerning the safety of mercury amalgam fillings. Several national and international organizations, including the Food and Drug Administration, United States Public Health Service, World Health Organization, National Institutes of Health, American Dental Association, and several foreign government agencies have concluded that there is no credible scientific evidence that shows that amalgams cause adverse health effects and that removing amalgams will remove toxic substances from the body. Most recently, the Food and Drug Administration concluded, “FDA believes that valid scientific evidence exists to determine the safety and effectiveness of dental amalgam.”

Although the subrule is being rescinded at this time to allow the Board to consider whether to redraft another subrule to specifically address amalgam restorations, the Board’s position concerning the removal of serviceable restorations has not changed. In the absence of this specific subrule, the Board will continue to pursue disciplinary action in appropriate cases based on the general statutes and rules administered by the Board. Under appropriate circumstances the Board is authorized to prosecute a dentist for making medical diagnoses outside the scope of the practice of dentistry, incompetent or substandard practice, fraudulent or misleading representations in the practice of dentistry, willful or gross malpractice, or subjecting a patient to needless or harmful treatment regimes.

This amendment is not subject to waiver or variance because it only rescinds an existing subrule.

Any interested person may make written comments or suggestions on the proposed amendment on or before January 7, 2003. Such written comments should be directed to Agency Rules Administrator, Board of Dental Examiners, 400 SW 8th Street, Suite D, Des Moines, Iowa 50309-4687. E-mail may also be sent to [email protected].

Also, there will be a public hearing on January 7,2003, beginning at 10 a.m. in the Conference Room, 400 SW 8th Street, Suite D, Des Moines, Iowa. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment. Any person who plans to attend the public hearing and who may have special requirements, such as hearing or mobility impairments, should contact the Board and advise of specific needs.

This amendment was approved at the November 13,2002, meeting of the Board of Dental Examiners.

This amendment is intended to implement Iowa Code chapters 147,153, and 272C.

The following amendment is proposed.Rescind and reserve subrule 27.7(8).

ARC 2198B

EDUCATIONAL EXAMINERS BOARD [282]



Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby gives Notice of Intended Action to amend Chapter 11, “Complaints, Investigations, Contested Case Hearings,” and Chapter 12, “Criteria of Professional Practices,” Iowa Administrative Code.

These amendments set forth procedures to require the denial or revocation of a license upon proof of conviction of certain delineated criminal offenses as mandated in 2002 Iowa Acts, Senate File 2258, which amends Iowa Code section 272.2(14).

A waiver provision is not included. The Board has adopted a uniform waiver rule.

Any interested party or persons may present their views orally or in writing at the public hearing on Tuesday, January 14,2003, at 1 p.m. in Room 3 North of the Grimes State Office Building, 400 East Grand, Des Moines, Iowa 50319.

At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments. Persons who wish to make oral presentations at the public hearing may contact the Executive Director, Board of Educational Examiners, Grimes State Office Building, East 14th and Grand Avenue, Des Moines, Iowa 50319-0147, or at (515)281-5849, prior to the date of the public hearing.

Any person who intends to attend the public hearing and requires special accommodations for specific needs, such as a sign language interpreter, should contact the office of the Executive Director at (515)281-5849.

Any interested person may make written comments or suggestions on the proposed amendments before 4 p.m. on Friday, January 17, 2003. Written comments and suggestions should be addressed to Dr. Anne E. Kruse, Executive Director, Board of Educational Examiners, at the above address, or sent by E-mail to [email protected].

These amendments are intended to implement Iowa Code chapter 272.

The following amendments are proposed.Item 1. Amend rule 282—11.35(272) as follows:

282—11.35(272) Application denial and appeal. Theexecutive director is authorized by Iowa Code section 272.7 to grant or deny applications for licensure. If the executive director denies an application for an initial or exchange license, certificate, or authorization, the executive director


EDUCATIONAL EXAMINERS BOARD[282](cont’d)

shall send to the applicant by regular first-class mail written notice identifying the factual and legal basis for denying the application. If the executive director denies an application to renew an existing license, certificate, or authorization, the provisions of rule 11.36(272) shall apply.

1135(1) Grounds Mandatory grounds for license denial or revocation. The executive director may shall deny an application, and the board shall revoke an existing license or authorization, based on the grounds set forth in Iowa Code sections section 272.2(14) and 272.6, including:

a. The license application is fraudulent.b. The applicant’s license or certification from another

state is suspended or revoked.c. The applicant fails to meet board standards for ap

plication or for license renewal. The board’s standards for granting or revoking a license shall not include membership or nonmembership in a teachers’ organization.

d. The applicant is less than 21 years of age, except that a coaching authorization orparaeducator certificate may be issued to an applicant who is 18 years of age or older, as provided in Iowa Code sections 272.12 and 272.31. A student enrolled in a practitioner preparation program who meets board requirements for a temporary, limited purpose license who is seeking to teach as part of the practicum or internship may be less than 21 years of age.

e. The applicant has been convicted of one of the disqualifying criminal convictions set forth in rule 11.35(2) “a. ”

1135(2) Conviction of a crime and founded child abuse.a. Disqualifying criminal convictions. The board shall

deny an application for licensure and shall revoke a previously issued license if the applicant or licensee has been convicted, has pled guilty to, or has been found guilty of the following criminal offenses:

(1) Any of the following forcible felonies included in Iowa Code section 702.11: child endangerment, assault, murder, sexual abuse, or kidnapping;

(2) Any of the following criminal sexual offenses, as provided in Iowa Code chapter 709, involving a child:

1. First-, second- or third-degree sexual abuse committed on or with a person who is under the age of 18;

2. Lascivious acts with a child;3. Detention in a brothel;4. Assault with intent to commit sexual abuse;5. Indecent contact with a child;6. Sexual exploitation by a counselor; or7. Lascivious conduct with a minor.(3) Incest involving a child as prohibited by Iowa Code

section 726.2;(4) Dissemination and exhibition of obscene material to

minors as prohibited by Iowa Code section 728.2; or(5) Telephone dissemination of obscene material to mi

nors as prohibited by Iowa Code section 728.15.b. Other criminal convictions and founded child abuse.

When determining whether a person should be denied licensure based on the conviction of a any other crime, including a felony, or a founded report of child abuse, the executive director and the board shall consider the following:

ar (1) The nature and seriousness of the crime or founded abuse in relation to the position sought;

br (2) The time elapsed since the crime or founded abuse was committed;

Gt (3) The degree of rehabilitation which has taken place since the crime or founded abuse was committed;

4t (4) The likelihood that the person will commit the same crime or abuse again;

&t(5) The number of criminal convictions or founded abuses committed; and

f (6) Such additional factors as may in a particular case demonstrate mitigating circumstances or heightened risk to public safety.For purposes of these rules, the entry of a deferred judgment constitutes a conviction.

1135(3) to 1135(5) No change.Item 2. Amend subrule 12.2(2) as follows:12.2(2) Criminal convictions and founded child abuse.a. Disqualifying criminal convictions. The board shall

deny an application for licensure and shall revoke a previously issued license if the applicant or licensee has been convicted, has pled guilty to, or has been found guilty of the following criminal offenses:

(1) Any of the following forcible felonies included in Iowa Code section 702.11: child endangerment, assault, murder, sexual abuse, or kidnaping;

(2) Any of the following criminal sexual offenses, as provided in Iowa Code chapter 709, involving a child:

1. First-, second- or third-degree sexual abuse committed on or with a person who is under the age of 18;

2. Lascivious acts with a child;3. Detention in a brothel;4. Assault with intent to commit sexual abuse;5. Indecent contact with a child;6. Sexual exploitation by a counselor; or7. Lascivious conduct with a minor.(3) Incest involving a child as prohibited by Iowa Code

section 726.2;(4) Dissemination and exhibition of obscene material to

minors as prohibited by Iowa Code section 728.2; or(5) Telephone dissemination of obscene material to mi

nors as prohibited by section 728.15.b. Other criminal convictions and founded child abuse. In

determining whether a person should be denied a license or whether a licensee should be disciplined based upon a any other criminal conviction or a founded report of physical or sexual abuse of a child, the board shall consider:

ar (1) The nature and seriousness of the crime or founded abuse in relation to the position sought;

br (2) The time elapsed since the crime or founded abuse was committed;

Gt (3) The degree of rehabilitation which has taken place since the crime or founded abuse was committed;

dr (4) The likelihood that the person will commit the same crime or abuse again;

©r (5) The number of criminal convictions or founded abuses committed; and

L (6) Such additional factors as may in a particular case demonstrate mitigating circumstances or heightened risk to public safety.For purposes of these rules, the entry of a deferred judgment constitutes a conviction.


ARC 2176B

EDUCATION DEPARTMENT[281]Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section I7A.4(1)“6.”


Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby gives Notice of Intended Action to amend Chapter 1, “Organization and Operation,” Iowa Administrative Code.

The purpose of these amendments is to give public secondary students in Iowa a voice, although not a vote, on the State Board of Education, and to give voting Board members the benefit of the thoughts and experiences of the secondary student. The entire education community should benefit from these amendments.

These amendments implement 2002 Iowa Acts, House File 2515, sections 1 through 3. No waiver provision is included because the State Board of Education has adopted agencywide waiver rules.

Any interested person may submit oral or written suggestions or comments on the proposed amendments on or before December 31, 2002, by addressing them to Carol J. Greta, Legal Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319-0146, telephone (515)281-5295, or E-mail [email protected].

There will be a public hearing on December 31, 2002, at 9 a.m. in the Second Floor South Conference Room, Grimes State Office Building, Des Moines, Iowa, at which persons may present their views orally and in writing.

These amendments were also Adopted and Filed Emergency and are published herein as ARC 2202B. The content of that submission is incorporated by reference.

These amendments are intended to implement Iowa Code chapter 17A and chapter 256 as amended by 2002 Iowa Acts, House File 2515, sections 1 through 3.

ARC 2175B

EDUCATION DEPARTMENT [281]Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(l)“fr.”


Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby gives Notice of Intended Action to adopt Chapter 11, “Unsafe School Choice Option,” Iowa Administrative Code.

This chapter is being proposed to update the rules in conformity with new federal legislation, the No Child Left Behind Act of 2001. This Act requires each state to establish and implement a statewide policy ensuring that a student attending a persistently dangerous public school or who becomes a victim of a violent criminal offense be allowed to at

tend a safe public school. No waiver provision is included because the Board has adopted agencywide waiver rules.

Any interested person may submit oral or written suggestions or comments on or before January 3,2003, by addressing them to Linda Miller, Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319-0146; telephone (515)281-4705.

There will be a public hearing on January 3, 2003, at 9:30 a.m. in the State Board Room, Grimes State Office Building, Des Moines, Iowa, at which persons may present their views orally or in writing. Persons who intend to attend the public hearing and who have special requirements such as those relating to hearing or mobility impairments should contact the Department and advise of specific needs.

This chapter is intended to implement the No Child Left Behind Act of 2001, Public Law 107-110,115 Stat. 1425.

The following new chapter is proposed.

CHAPTER 11UNSAFE SCHOOL CHOICE OPTION

281—11.1(PL107-110) Purpose. Under the federal No Child Left Behind Act of 2001, Section 9532, each state receiving federal funds is required to establish and implement a statewide policy requiring that a student attending a persistently dangerous public elementary school or secondary school or who becomes a victim of a violent criminal offense while in or on the grounds of a public elementary or secondary school that the student attends be allowed to attend a safe school within the district.281—11.2(PL107-110) Definitions. For purposes of this chapter, the following definitions apply:

“Department” means the Iowa department of education.“Forcible felony” means any crime defined in Iowa Code

section 702.11. This includes felonious child endangerment, assault, murder, sexual abuse, kidnapping, robbery, arson in the first degree, or burglary in the first degree. Forcible felonies are not willful injury in violation of Iowa Code section 708.4, subsection 2; sexual abuse in the third degree committed between spouses; sexual abuse in violation of Iowa Code section 709.4, subsection 2, paragraph “c,” subparagraph (4); sexual exploitation by a counselor or therapist in violation of Iowa Code section 709.15.

“School” means an attendance center within a school district.

“School district” means a public school district in Iowa.“School year” means from July 1 until June 30 of the fol

lowing year.

281—11.3(PL107-110) Whole school option. Any student attending a persistently dangerous school as defined in this rule is eligible to transfer to a different school within the district. Transportation for students electing to transfer shall be provided according to the district’s transportation policy. The transfers may be temporary or permanent, but must be in effect as long as the student’s original school is identified as persistently dangerous.

In making the determination of whether a transfer should be temporary or permanent, the district shall consider the educational needs of the student, as well as other factors affecting the student’s ability to succeed in the student’s new school environment. The district is encouraged, but not required, to explore other appropriate options such as an agreement with a contiguous school district to accept students if there is no safe school within the transferring district.


EDUCATION DEPARTMENT[281](cont’d)

113(1) A persistently dangerous school is one that meets the following criteria for three consecutive school years:

a. The school has violence-related, long-term suspensions or expulsions for more than 1 percent of the student population. Long-term suspensions or expulsions are more than ten days in length and require the action of the local school board. For purposes of this subrule, a violence- related, long-term suspension or expulsion occurs as a result of physical injury or the threat of physical injury to a student while the student is in the school building or on the grounds of the attendance center during the hours of the regular school day or while the student is in attendance at school- sponsored activities that occur during the hours before or after the regular school day under one of the following:

(1) A forcible felony as defined in rule 281— 11.2(PL107-110);

(2) Offenses, excluding simple misdemeanors, involving physical assault under Iowa Code chapter 708;

(3) Offenses, excluding simple misdemeanors, involving sexual assault under Iowa Code chapter 709;

(4) Extortion under Iowa Code section 711.4;(5) Use of incendiary or explosive devices such as bombs

under Iowa Code section 712.5;(6) Criminal gang activity under Iowa Code section

723A;(7) Carrying or using a weapon under Iowa Code sections

724.3 and 724.4.b. The school has two or more students expelled for vio

lating the federal or state gun-free school laws.c. The school has 1 percent of the enrolled student popu

lation or five students, whichever is greater, who exercised the individual student option defined in rule 281— 11.4(PL107-110).

113(2) For the school year starting July 1, 2003, and in the years thereafter, a school identified as meeting the criteria in 11.3(l)“a” through “c” for one year shall be given a warning by the department. The school shall review the school’s safety plan and prevention activities.

For the school year starting July 1, 2004, and in the years thereafter, a school identified as meeting the criteria in 11.3(l)“a” through “c” for two consecutive years shall develop and implement a remedial plan. The plan shall include schoolwide efforts to support positive student behavior and improve student discipline. The department shall conduct a site visit to the school.

For the school year starting July 1, 2005, and in the years thereafter, a school identified as meeting the criteria in 11.3(l)“a” through “c” for three consecutive years is eligible to be designated as a persistently dangerous school by the department. Prior to the department’s assigning the designation, the district may submit information to the department including:

a. The school’s safety plan;b. Local efforts to address the school’s safety concerns;c. The school safety data reported to the state consistent

with requirements of the federal Safe and Drug-Free Schools and Communities Program;

d. More current data that the school may have available but has not yet reported; and

e. Any other information deemed relevant.Within 30 days of receipt and review of the information,

the department may determine that the school demonstrates improvement and may delay the designation for one year. By July 31, the department may, upon review of information that demonstrates improvement, delay the designation for one year. The department shall determine whether the district has

made sufficient progress to warrant further consideration as a persistently dangerous school.

Upon designation, the district shall adopt a corrective action plan, which shall be approved by the department. The department shall monitor the district’s timely completion of the approved plan. The department shall annually assess the school using the criteria listed in 11.3(l)“a” through “c” by July 31 to determine whether the school shall remain identified as a persistently dangerous school for the following school year.

At minimum, a district that has one or more schools identified as persistently dangerous shall, within 14 days of the designation, notify parents of each student attending the school that the school has been identified by the department as persistently dangerous. The district must offer students the opportunity to transfer to a safe public school within the district; and for those students who accept the offer, the district shall complete the transfer. A district may deny the transfer if space at the requested school is unavailable. A district shall offer the parent other available options within the district, when available.

281—11.4(PL107-110) Individual student option. Anystudent who becomes a victim of a violent criminal offense shall, to the extent feasible, be permitted to transfer to another school within the district. For purposes of this rule, a victim of a violent criminal offense is a student who is physically injured or threatened with physical injury as a result of the commission of one or more of the following crimes against the student while the student is in the school building or on the grounds of the attendance center.

1. A forcible felony as define in rule 281— 11.2(PL107-110);

2. Offenses, excluding simple misdemeanors, involving physical assault under Iowa Code chapter 708;

3. Offenses, excluding simple misdemeanors, involving sexual assault under Iowa Code chapter 709;

4. Extortion under Iowa Code section 711.4.Within ten calendar days following the date of the request,

a local school district shall offer an opportunity to transfer to the parent/guardian of a student who meets the definition of a victim of a violent crime.281—11.5(PL107-110) District reporting. For purposes of federal compliance, districts shall report data and requested information related to this chapter in a manner prescribed by the department.

These rules are intended to implement Public Law 107- 110,115 Stat. 1425.

ARC 2191B

EDUCATION DEPARTMENT[281]Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“6.”


Pursuant to the authority of Iowa Code section 256.7(5), the Iowa State Board of Education hereby proposes to amend Chapter 17, “Open Enrollment,” Iowa Administrative Code.



The purpose of these amendments is to make the rules conform to the statute, Iowa Code section 282.18, by clarifying the open enrollment application deadline and clarifying the authority of the Department in the event of a complaint lodged with the Department by one district against another district.

A waiver provision is not included. The Department has adopted a uniform waiver rule.

Any interested person may make written suggestions or comments on the proposed amendments on or before December 31, 2002. Written materials should be directed to Carol Greta, Legal Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319-0146, by fax to (515)281-4122 or by E-mail to [email protected]. Persons who wish to convey their views orally should contact Carol Greta by telephone at (515)281-5295.

Persons may also present their views either orally or in writing at a public hearing to be held on December 31,2002, at 9 a.m. in the Second Floor South Conference Room, Grimes State Office Building, 400 East 14th Street, Des Moines, Iowa. Any person who plans to attend the public hearing and requires special accommodations for specific needs should contact Carol Greta at (515)281-5295.

These amendments were also Adopted and Filed Emergency and are published herein as ARC 2203B. The content of that submission is incorporated by reference.

These amendments are intended to implement 2002 Iowa Acts, House File 2515, section 19.

ARC 2192B

EDUCATION DEPARTMENT [281]Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“£.”


Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby gives Notice of Intended Action to rescind Chapter 68, “Charter Schools,” Iowa Administrative Code.

2002 Iowa Acts, Senate File 348, permits the State Board of Education to select ten pilot charter schools. The legislation contains a contingency provision which makes the new law effective upon Iowa’s receipt of federal charter school funds. The United States Department of Education notified this agency on October 3, 2002, that the state would not receive federal funding this year.

No public hearing will be held. Written comments will be accepted until December 31, 2002. Comments may be directed to Laurie Phelan, Consultant, Bureau of Instructional Services, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319-0146. Comments may also be sent to [email protected].

This amendment is intended to implement 2002 Iowa Acts, Senate File 348.

The following amendment is proposed.Rescind and reserve 281—Chapter 68.

ARC 2186BENVIRONMENTAL PROTECTION

COMMISSION[567]Amended Notice of Intended Action

Pursuant to the provisions of Iowa Code section 455B.133, the Environmental Protection Commission hereby gives notice of intent to extend until January 6, 2003, the public comment period for proposed changes to Chapter 20, “Scope of Title—Definitions—Forms—Rules of Practice,” and Chapter 28, “Ambient Air Quality Standards,” Iowa Administrative Code.

The original Notice of Intended Action was published in the Iowa Administrative Bulletin on August 21, 2002, as ARC 1876B and was amended on October 2,2002, as ARC 2043B. The purpose of the rule making is to establish ambient air quality standards for hydrogen sulfide and ammonia.

Comments should be submitted in writing to Bryan Bun- ton, Department of Natural Resources, Air Quality Bureau, 7900 Hickman Road, Suite 1, Urbandale, Iowa 50322 or [email protected] or faxed to (515)242-5094. All comments must be received no later than January 6,2003.

ARC 2179B

ENVIRONMENTAL PROTECTION COMMISSION[567]

Notice of Termination

Pursuant to the authority of Iowa Code section 455B.200, the Environmental Protection Commission terminates the rule making initiated by its Notice of Intended Action published in the Iowa Administrative Bulletin on August 21,2002, as ARC 1878B, proposing to amend Chapter 65, “Animal Feeding Operations,” Iowa Administrative Code.

The proposed amendments implement an interim matrix as required in 2002 Iowa Acts, Senate File 2293. Pursuant to 2002 Iowa Acts, Senate File 2293, the interim matrix is to be applied until the master matrix is implemented on March 1,2003.

The proposed amendments were also Adopted and Filed Emergency as ARC 1899B. The Notice was published to solicit comments and to provide opportunity for hearing. Because no comments were received during the comment period or at the public hearing, no changes are required to the amendments that were Adopted and Filed Emergency. Therefore, there is no need to proceed with rule making for ARC 1878B.

IAB 12/11/02 NOTICES 861

ARC 2166BENVIRONMENTAL PROTECTION

COMMISSION[567]Notice of Intended Action



Pursuant to the authority of Iowa Code section 455B.304, the Environmental Protection Commission hereby gives Notice of Intended Action to rescind Chapter 108, “Reuse of Solid Waste,” and adopt new Chapter 108, “Beneficial Use Determinations: Solid By-Products as Resources and Alternative Cover Material,” Iowa Administrative Code.

This proposed rule making updates and expands the rules pertaining to the beneficial reuse to incorporate new beneficial uses for solid by-products and the Department’s permitting experiences. Numerous universally approved beneficial uses are authorized in the chapter, and an application process for new beneficial use determinations has been created.

This rule making is warranted for compliance with the Governor’s Executive Order Number 8. Furthermore, the rule making acts to encourage the use of solid by-products as resources when such utilization improves, or at a minimum does not adversely affect, human health and the environment. Without this rule making, some solid by-products may be unnecessarily disposed of.

Any interested person may make written suggestions or comments on this proposed amendment prior to January 8, 2003. Such written materials should be directed to Jeff Myrom, Energy and Waste Management Bureau, Department of Natural Resources, 502 East 9th Street, Des Moines, Iowa 50319; fax (515)281-8895. Persons wishing to convey their views orally should contact Jeff Myrom at (515)281- 3302.

Also, there will be a public hearing on January 8, 2003, at 10 a.m. in the Fifth Floor Conference Room of the Wallace State Office Building, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment.

Any persons who intend to attend the public hearing and have special requirements, such as those relating to hearing or mobility impairments, should contact the Department of Natural Resources and advise of specific needs.

This amendment is intended to implement Iowa Code sections 455B.304 and 455D.4.


Rescind 567—Chapter 108 and adopt the following new chapter in lieu thereof:

CHAPTER 108BENEFICIAL USE DETERMINATIONS:SOLID BY-PRODUCTS AS RESOURCES

AND ALTERNATIVE COVER MATERIAL

567—108.1(455B,455D) Purpose. The purpose of this chapter is to establish rules for determining when a solid byproduct is a resource and not a solid waste. Solid by-products determined by the department to not be a solid waste through

a beneficial use determination may not be subject to all sanitary disposal project (SDP) permitting requirements. Furthermore, the purpose of this chapter is to encourage the utilization of solid by-products as resources when such utilization improves, or at a minimum does not adversely affect, human health and the environment.

567—108.2(455B,455D) Applicability and compliance.108.2(1) These rules apply to industrial, commercial, and

institutional generators and users or proposed users of solid by-products and to sanitary landfills utilizing or desiring to utilize alternative cover material. These rules apply to solid by-products that before receiving a beneficial use determination by the department were being disposed of as solid waste. These rules do not apply to solid by-products that have already been disposed of as solid waste by the generator.

108.2(2) These rules do not pertain to the land application of solid waste. For rules pertaining to the land application of solid waste, see 567—Chapter 121. However, for solid byproducts that are land-applied pursuant to 567—Chapter 121, a variance from some or all of the requirements of567— Chapter 121 may be gained through receipt of a beneficial use determination from the department.

108.2(3) These rules do not pertain to solid waste being processed pursuant to 567—Chapter 104. However, for solid by-products that are processed pursuant to 567—Chapter104, a variance from some or all of the requirements of567— Chapter 104 may be gained through receipt of a beneficial use determination from the department.

108.2(4) These rules do not pertain to solid waste composting pursuant to 567—Chapter 105. However, for solid by-products that are composted pursuant to 567—Chapter105, a variance from some or all of the requirements of567— Chapter 105 may be gained through receipt of a beneficial use determination from the department.

108.2(5) Beneficial use determinations granted by the department before the adoption of these rules shall remain in effect unless specifically addressed by these rules or written notification pursuant to 567—108.11(455B,455D).

108.2(6) The issuance of a beneficial use determination by the department relieves the generator and user(s) of all Iowa solid waste requirements specifically noted in the written determination. Requirements that may be relieved by a beneficial use determination may include rules, SDP permits, and permit conditions and variances. Solid by-products that have not received a beneficial use determination by the department are subject to all of Iowa’s regulations pertaining to solid waste. The issuance of a beneficial use determination by the department in no way relieves the generator or user of the responsibility of complying with all other local, state, or federal statutes, ordinances, and rules or other applicable requirements.567—108.3(455B,455D) Definitions. For the purposes of this chapter, the following terms shall have the meaning indicated in this chapter. The definitions set out in Iowa Code section 455B.301 shall be considered to be incorporated verbatim in these rules.

“Alternative cover material” means a substitute material or mix of materials that can be utilized in lieu of soil as cover material at a sanitary landfill.

“Beneficial use” means a specific utilization of a solid byproduct as a resource, that constitutes reuse rather than disposal, does not adversely affect human health or the environment, and is approved by the department.

“Beneficial use determination” means a written formal decision or rule issued by the department as approval for a solid


ENVIRONMENTAL PROTECTION COMMISSION[567](cont’d)

by-product to be utilized in a specific manner as a beneficial use.

“Coal combustion by-product” means any solid byproduct produced by the burning of coal, by itself or in conjunction with natural gas or other fossil fuel, which is suitable for disposal as solid waste in a sanitary landfill. Examples include boiler slag, bottom ash, fly ash, and flue gas desulfurization by-products from pollution control equipment. Coal combustion by-products are also referred to as coal combustion residue.

“Cover material” means soil placed as daily, intermediate, or final cover at a sanitary landfill.

“Fill material” means material that is used to raise the elevation, take up space in, or build up the level of the land. For the purposes of this chapter, fill material is not considered subbase for hard-surface road construction.

“Foundry sand” means a solid by-product from the foundry industry that is derived from molding, core-making, and casting cleaning processes and primarily contains sand, olivine, or clay and that is suitable for disposal as solid waste in a sanitary landfill.

“High water table” is the position of the water table which occurs in the spring in years of normal or above normal precipitation.

“Resource” means a solid by-product that can provide greater benefit to the environment or human welfare in its beneficial use as a safe and effective substitute for a raw material, fuel or energy source, or natural resource, rather than being disposed of as a solid waste in a sanitary landfill.

“Solid by-product” means a secondary material or residual, produced or created by an industrial, commercial or institutional process or activity, that has been source separated by the generating entity and that would otherwise be disposed of as solid waste. Solid by-products are composed of materials suitable for disposal as solid waste in a sanitary landfill.

“Subbase for hard-surface road construction” means material that is used in subsurface applications for the construction of roads, including their shoulders, and parking lots that have hard surfaces such as concrete or asphalt. For the purposes of this chapter, subbase for hard-surface road construction is not considered fill material.

“Suitable for disposal as solid waste in a sanitary landfill” means that the material is in compliance with all state and federal rules and regulations pertaining to what may be disposed of in an Iowa sanitary landfill. Such materials are at a minimum nonhazardous and nonradioactive, are solid or semisolid, and do not contain free liquids pursuant to the Paint Filter Liquids Test (Reference: 40 CFR 258.28).

“Vector” means a carrier organism that is capable of transmitting a pathogen from one organism to another. Vectors include, but are not limited to, birds, rats and other rodents, and insects.

“Water table” means the water surface below the ground at which the unsaturated zone ends and the saturated zone begins.567—108.4(455B,455D) Universally approved beneficial use determinations. The following solid by-products may be utilized as resources in the specific manners listed provided that such utilization is in compliance with 567— 108.6(455B,455D) and 567—108.7(455B,455D). Unless a user is otherwise notified by the department pursuant to 567—108.11(455B,455D), such utilization does not require further approval from the department.

108.4(1) Alumina. Alumina may be used as a raw material in the manufacture of cement or concrete products.

108.4(2) Asphalt shingles. Asphalt shingles that are laboratory certified, consistent with federal regulations (Reference: Appendix A, Subpart F, 40 CFR Part 763, Section 1), as not containing more than 1 percent asbestos may be used as follows:

a. Raw material in the manufacture of asphalt products.b. Subbase for hard-surface road construction.c. Road surfacing granular material.d. Alternative cover material at a sanitary landfill pur

suant to 567—108.8(455B,455D).108.4(3) Cement kiln dust. Cement kiln dust may be used

as follows:a. Raw material in the manufacture of absorbents.b. Raw material in the manufacture of cement or con

crete products.c. Subbase for hard-surface road construction.d. A soil amendment pursuant to 567—Chapter 121 and

the rules of the Iowa department of agriculture and land stewardship or a compost amendment.

e. A stabilizer for manure and waste sludge.f. A soil stabilizer for construction purposes.g. Fill material pursuant to 108.6(1).108.4(4) Coal combustion by-products.a. Coal combustion fly ash and flue gas desulfurization

by-products may be used as follows:(1) Raw material in manufactured gypsum, wallboard,

plaster, or similar product.(2) Raw material in manufactured calcium chloride.(3) Raw material in the manufacture of absorbents.(4) Fill material pursuant to 108.6(1).(5) Alternative cover material at a sanitary landfill pur

suant to 567—108.8(455B,455D).b. Coal combustion fly ash or bottom ash or boiler slag

may be used as follows:(1) Raw material in the manufacture of cement or con

crete products.(2) Raw material to be used in mineral recovery.(3) Raw material in the manufacture of asphalt products.(4) Raw material in plastic products.(5) Subbase for hard-surface road construction.(6) Soil stabilization for construction purposes.(7) Fill material pursuant to 108.6(1).(8) Alternative cover material at a sanitary landfill pur

suant to 567—108.8(455B,455D).c. Coal combustion bottom ash may also be used as fol

lows:(1) Traction agent for surfaces used by vehicles.(2) Sandblasting abrasive.108.4(5) Compost. Cured or finished compost, as defined

in 567—Chapter 105, is not solid waste and may be used for any purpose recognized by the U.S. Composting Council or the department.

108.4(6) Foundry sand. Foundry sand may be used as follows:

a. Raw material in the manufacture of asphalt products.b. Raw material in the manufacture of cement or con

crete products.c. Leachate control drainage material at a sanitary land

fill.d. Subbase for hard-surface road construction.e. Fill material pursuant to 108.6(1).f. Emergency flood control use for sandbags.g. Alternative cover material at a sanitary landfill pur

suant to 567—108.8(455B,455D).108.4(7) Glass. Uncontaminated, unleaded glass may be

used as follows:



a. Raw material in the manufacture of asphalt products.b. Fill material pursuant to 108.6(1).c. Sandblasting or other abrasive.d. Leachate control drainage material at a sanitary land

fill.e. Filter media.f. Subbase for hard-surface road construction.g. Alternative cover material at a sanitary landfill pur

suant to 567—108.8(455B,455D).108.4(8) Gypsum and gypsum wallboard.a. All gypsum and gypsum wallboards may be used as

follows:(1) Raw material in the manufacture of absorbents.(2) Raw material in the manufacture of other gypsum

products, wallboard, plaster, or similar products.(3) Alternative cover material at a sanitary landfill pur

suant to 567—108.8(455B,455D).b. Gypsum and gypsum wallboard that has not been

treated to be water-resistant or flame-retardant may be used as a calcium additive for agricultural use or soil amendment pursuant to 567—Chapter 121, or compost amendment.

108.4(9) Lime. Lime produced as a by-product of public water supplies may be used as follows:

a. A soil amendment pursuant to 567—Chapter 121 and the rules of the Iowa department of agriculture and land stewardship, or compost amendment.

b. Raw material in the manufacture of calcium carbonate or similar substance.

108.4(10) Lime kiln dust. Lime kiln dust may be used as follows:

a. Raw material in the manufacture of absorbents.b. Raw material in the manufacture of cement or con

crete products.c. Subbase for hard-surface road construction.d. A soil amendment pursuant to 567—Chapter 121 and

the rules of the Iowa department of agriculture and land stewardship or a compost amendment.

e. A stabilizer for manure and waste sludge.f. A soil stabilizer for construction purposes.g. Fill material pursuant to 108.6(1).108.4(11) Paper mill sludge. Uncontaminated, dewatered

paper mill sludge may be used as follows:a. A fuel or energy source.b. Bulking agent or carbon source for composting.c. Animal bedding.d. Raw material in the manufacture of absorbents.e. Alternative cover material at a sanitary landfill pur

suant to 567—108.8(455B,455D).108.4(12) Rubble. Uncontaminated rubble such as con

crete, brick, asphalt pavement, soil and rock may be used for fill, landscaping, excavation or grading or as a substitute for conventional aggregate. Asphalt, however, shall not be used for any of the aforementioned uses if the use will cause the asphalt to be placed in a waterway or wetland or any waters of the state or within the high water table.

108.4(13) Sandblasting abrasives. Sandblasting abrasives that do not contain lead-based paint may be used as follows:

a. Raw material in the manufacture of cement or concrete products.

b. Raw material in the manufacture of asphalt products.c. Subbase for hard-surface road construction.d. Raw material in the manufacture of abrasive products.e. Fill material pursuant to 108.6(1).f. Alternative cover material at a sanitary landfill pur

suant to 567—108.8(455B,455D).

108.4(14) Soil, including nonhazardous contaminated or treated soil.

a. Uncontaminated soil may be used for fill, landscaping, excavation or grading, or other suitable purpose.

b. Nonhazardous contaminated soils, nonhazardous petroleum-contaminated soils, and petroleum-contaminated soils that have been decontaminated to the satisfaction of the department may be used as follows:

(1) Fill material at the original excavation site.(2) Alternative cover material at a sanitary landfill pur

suant to 567—108.8(455B,455D).108.4(15) Tires. This chapter does not pertain to tires oth

er than those used as alternative cover material pursuant to 567—108.8(455B,455D). Refer to 567—Chapter 117 for rules regarding the beneficial use of tires.

108.4(16) Wastewater filter sand. Wastewater filter sand may be used as follows:

a. Fill material pursuant to 108.6(1).b. Subbase for hard-surface road construction.108.4(17) Wood. Uncontaminated, untreated or raw

wood may be used as follows:a. A fuel or energy source.b. Bulking agent for composting.c. Mulch.d. Animal bedding.e. Raw material in the manufacture of paper products,

particle board, or similar materials.108.4(18) Wood ash. Ash from the combustion of uncon

taminated, untreated or raw wood may be used as follows:a. A soil amendment pursuant to 567—Chapter 121.b. A carbon source for composting.c. Raw material in the manufacture of cement or con

crete products.d. Fill material pursuant to 108.6(1).

567—108.5(455B,455D) Application requirements for beneficial use determinations other than alternative cover material. Unless the beneficial use is approved by 567— 108.4(455B,455D), the applicant shall submit the following application information to the department. The department may request that additional information be submitted in order to make a beneficial use determination. The department may also require specific conditions on a beneficial use determination and issue a temporary beneficial use determination on a trial basis.

The generator of a solid by-product may apply to the department in writing for a beneficial use determination. If the department finds the application information to be incomplete, then it shall notify the applicant in writing of that fact and of the specific deficiencies and return the application materials to the applicant within 30 days of such notification. The applicant may reapply without prejudice.

108.5(1) The name, address, and telephone number of:a. Owner of the site where the project will be located.b. Applicant for the beneficial use determination.c. Official responsible for the operation of the project.d. Professional engineer (P.E.) licensed by the state of

Iowa and retained for the project, if any. The department may, at its sole discretion, require the applicant to retain a professional engineer for the project or specific parts thereof.

e. Agency to be served by the project, if any.f. Responsible official of agency to be served.108.5(2) A description of the solid by-product under re

view and its proposed use.108.5(3) The chemical and physical characteristics of the

solid by-product under review and of each type of proposed product.



108.5(4) A demonstration that there is a known or reasonably probable market for the intended use of the solid byproduct under review by providing one or more of the following:

a. A contract to purchase or utilize the solid by-product for the use proposed.

b. A description of how the solid by-product will be used.

c. A demonstration that the solid by-product complies with industry standards and specifications for that product.

d. Other documentation that a market for the solid byproduct exists.

108.5(5) A demonstration that the proposed use of the solid by-product will not adversely affect human health or the environment. The demonstration may include, but is not limited to, a toxicity characteristics leaching procedure (TCLP, EPA Method 1311) and total metals testing of a representative sample of the solid by-product.

108.5(6) A solid by-product management plan pursuant to 108.6(2).

567—108.6(455B,455D) Requirements for beneficial uses other than alternative cover material.

108.6(1) Solid by-products beneficially used as fill material. All beneficial uses, including those listed in 567— 108.4(455B,455D) other than rubble and soil, shall comply with the following requirements, unless a variance is granted in writing by the department for a specific location, if the beneficial use entails the solid by-product’s being used as fill material:

a. Leachate characteristics of the solid by-product shall be measured by the synthetic precipitation leaching procedure (SPLP, EPA Method 1312) and shall be less than or equal to ten times the maximum contaminant levels (MCL) for drinking water. Foundry sand and coal combustion byproducts may limit the SPLP analytes to total metals for drinking water.

b. Total metals testing results, which shall include thallium, shall be consistent with the department’s statewide standards for soil pursuant to 567—Chapter 137. Arsenic levels shall be consistent with the statewide standards for soil or the naturally occurring (i.e., background) arsenic levels of the soil, whichever are greater.

c. The solid by-product shall produce a fill that has a pH:(1) Greater than or equal to 5 and less than or equal to 8 if

the fill may be used as growing media either now or in the future.

(2) Greater than or equal to 5 and less than 12 if the fill is specifically intended not to be used as growing media either now or in the future. In this category of fill, materials with a pH equal to or greater than 10 but less than 12 shall be used only in areas where direct physical contact by humans for long periods of time is not expected to occur.

(3) For deep fills where only the surface may serve as growing media either now or in the future, then at a minimum the top three feet shall have a pH greater than or equal to 5 and less than or equal to 8. Fill material below the top three feet shall have a pH greater than or equal to 5 and less than or equal to 12.

d. The by-product shall not be placed in a waterway or wetland or any waters of the state or extend below or within five feet of the high water table.

e. The by-product shall not be placed within the 100-year flood plain unless in accordance with all local and department regulations including rule 567—71.5(455B).

f. The by-product shall not be placed closer than 200 feet to a sinkhole or to a well that is being used or could be used for human or livestock consumption.

g. The by-product shall not be putrescible.108.6(2) Solid by-product management plans. All recipi

ents of beneficial use determinations granted pursuant to 567—108.5(455B,455D) and coal combustion by-product and foundry sand beneficial uses listed in 567—108.4(455B, 455D) shall develop and maintain a solid by-product management plan that satisfies the following requirements:

a. Lists the source(s) of the solid by-product.b. Lists procedures for periodic testing of the solid by

product to ensure that the chemical and physical composition has not changed significantly.

c. A description of storage procedures including:(1) Storage location(s).(2) Maximum anticipated inventory, including dimen

sions of any stockpiles.(3) Run-on and run-off controls, which may include a

storm water National Pollutant Discharge Elimination System (NPDES) permit.

(4) Management practices to minimize uncontrolled dispersion of the solid by-product.

(5) Maximum storage time, not to exceed six months unless authorized in writing by the department.

567—108.7(455B,455D) Record-keeping and reporting requirements for beneficial use projects other than alternative cover material.

108.7(1) Any entity that engages in the beneficial use of a solid by-product, other than for alternative cover material, and that satisfies at least one of the following criteria shall comply with record-keeping and reporting requirements set forth in this rule:

a. The entity has been granted a beneficial use determination pursuant to 567—108.5(455B,455D).

b. The solid by-product is not rubble or soil and is being beneficially used as fill material.

c. The solid by-product is a coal combustion by-product or foundry sand.

108.7(2) Record keeping. Generators shall maintain all records related to the solid by-product management plan for a minimum duration of five years.

108.7(3) Reporting. Reports shall be filed with the department’s central office and the field office with jurisdiction over the generator as follows:

a. Unless otherwise directed by the department, generators shall submit to the department a copy of the solid byproduct management plan whenever that plan is revised or within 60 days of the end of the calendar year, whichever is earlier.

b. Generators whose solid by-products are being beneficially used as fill material shall submit to the department within 60 days of the end of the calendar year the following information for each beneficial use project or activity:

(1) The location of the project.(2) The tons of solid by-product utilized for the project.

567—108.8(455B,455D) Universally approved beneficial use determinations for alternative cover material. Unless the landfill is otherwise notified pursuant to 567— 108.11(455B,455D), the following alternative cover materials may be beneficially used as daily cover material at sanitary landfills in the manner and volume specified by sanitary landfill rules without further approval from the department. However, sanitary landfills that stockpile or store alternative cover materials on site shall amend their sanitary landfill permit ac-



cordingly. Sanitary landfills shall notify the department, and the department field office with jurisdiction over the facility, of their intent to utilize solid by-products pursuant to this rule at least 30 days prior to actual utilization of the by-products as alternative cover material.

108.8(1) Asphalt shingles. Asphalt shingles that are laboratory certified, consistent with federal regulations (Reference: Appendix A, Subpart F, 40 CFR Part 763, Section 1), as not containing more than 1 percent asbestos and are ground to an average size of 3 inches or less in any dimension may be mixed with soil in a 50/50 volume.

108.8(2) Coal combustion by-products. Coal combustion by-products may be mixed with soil in a 50/50 volume.

108.8(3) Compost. One hundred percent cured or finished compost, and compost rejects, may be used.

108.8(4) Diatomaceous earth. Diatomaceous earth may be mixed with soil in a 50/50 volume.

108.8(5) Foundry sand. Foundry sand may be mixed with soil in a 50/50 volume.

108.8(6) Glass. Glass that has been ground to an average size of Vi inch or less in any dimension may be mixed with soil in a 10 percent glass and 90 percent soil by volume mixture.

108.8(7) Gypsum and gypsum wallboard. Gypsum and gypsum wallboard that have been ground to an average size of 3 inches or less in any dimension may be mixed with soil in a 50/50 volume.

108.8(8) Paper-mill sludge. Uncontaminated, dewatered paper-mill sludge may be mixed with soil in a 50/50 volume.

108.8(9) Sandblasting abrasive. Sandblasting abrasive and residuals may be mixed with soil in a 50/50 volume.

108.8(10) Soil, contaminated or treated. Nonhazardous contaminated soils, nonhazardous petroleum-contaminated soils, and petroleum-contaminated soils that have been decontaminated to the satisfaction of the department may be mixed with soil in a 50/50 volume.

108.8(11) Tire chips. Tire chips that are an average size of 3 inches or less in any dimension may be mixed with soil in a 50/50 volume.

567—108.9(455B,455D) Beneficial use determination application requirements for alternative cover material.Unless the alternative cover material beneficial use is approved by 567—108.8(455B,455D), the applicant shall submit the following application information to the department. The department may request that additional information be submitted in order to make a beneficial use determination. The department may also require specific beneficial use determination conditions and issue a temporary beneficial use determination on a trial basis.

The proposed user of an alternative cover material may apply to the department in writing for a beneficial use determination. If the department finds the application information to be incomplete, then it shall notify the applicant in writing of that fact and of the specific deficiencies and return the application materials to the applicant within 30 days of such notification. The applicant may reapply without prejudice.

108.9(1) The name, address, and telephone number of:a. Owner of the site where the project will be located.b. Applicant for the beneficial use determination.c. Official responsible for the operation of the project.d. Professional engineer (P.E.) licensed by the state of

Iowa and retained for the project, if any. The department may, at its sole discretion, require the applicant to retain a professional engineer for the project or specific parts thereof.

e. Agency to be served by the project, if any.f. Responsible official of agency to be served.

108.9(2) A description of the proposed alternative cover material and whether it is to be used as daily, intermediate, or final cover.

108.9(3) The chemical and physical characteristics of the alternative cover material.

108.9(4) The proposed volume ratio of the alternative cover material(s) to soil or other alternative cover materials).

108.9(5) A demonstration that there is a known or reasonably probable suitability of the alternative cover material as cover material by providing previous case studies of the alternative cover material being utilized as cover material or the following information:

a. Information on the ability of the alternative cover material to reduce or maintain current odor levels.

b. Information on the ability of the alternative cover material to reduce or deter vectors.

c. Information on the ability of the alternative cover material to reduce or maintain the current risk of fire.

d. Information on the ability of the alternative cover material to control litter and dust.

e. Information on the ability of the alternative cover material to impede the infiltration of liquids and precipitation.

f. Information on the ability of the alternative cover material to control landfill gas migration.

g. Information on the ability of the alternative cover material to provide a safe and effective working surface.

h. Information on the ability of the alternative cover material to provide effective growing media.

i. Other documentation that the alternative cover material is suitable for cover material.

108.9(6) A demonstration that the proposed use of the alternative cover material will not adversely affect human health or the environment. The demonstration may include, but is not limited to, a toxicity characteristics leaching procedure (TCLP, EPA Method 1311) analysis of a representative sample of the alternative cover material.

567—108.10(4558,455D) Beneficial use of alternative cover material and state goal progress. Alternative cover material placed at no more than the thickness required by sanitary landfill rules shall be exempt from landfill tonnage measurements used for state goal progress and waste diversion calculations.

567—108.11(4558,455D) Revocation of beneficial use determinations. The department may revoke any beneficial use determination given pursuant this chapter if it finds one or more of the following:

1. The matters serving as the basis for the department’s determination were incomplete or incorrect or are no longer valid.

2. The department finds that there has been a violation of any law, rule, permit or other authorization in its jurisdiction.

3. The department has reasonable cause to suspect a significant risk to or adverse affect on human health or the environment.

These rules are intended to implement Iowa Code sections 455B.304 and 455D.4.


ARC 2196B

GENERAL SERVICES DEPARTMENT[401]

Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(l)“fr.”


Pursuant to the authority of Iowa Code sections 18.3,18.4, 18.8 and 18.12, the Department of General Services hereby gives Notice of Intended Action to amend Chapter 3, “Capitol Complex Operations,” Iowa Administrative Code.

These amendments are proposed to standardize office space management at the seat of government in order to improve office space planning and utilization, and to promote connectivity and reuse of modular office systems. The rules outline the responsibilities of state agencies relative to use of office space assigned to them by the Department of General Services and the responsibilities of the Department to manage and coordinate changes to an agency’s use of its assigned space.

Agencies may seek waivers or variances from the provisions of these rules in accordance with the Department’s waiver rule.

Public comments concerning the proposed amendments will be accepted until 3:30 p.m. on January 6, 2003. Interested persons may submit written, oral or electronic comments by contacting Carol Stratemeyer, Department of General Services, Hoover State Office Building, Level A, Des Moines, Iowa 50319-0104; telephone (515)281-6134; fax (515)242-5974; E-mail [email protected].

There will be a public hearing on January 6, 2003, beginning at 11 a.m. in the Director’s Conference Room, Department of General Services, Hoover State Office Building, Level A, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and confine their remarks to the subject of the rules. Persons with special needs may contact the Department of General Services prior to the hearing if accommodations need to be made.

These amendments are intended to implement Iowa Code section 18.8.


Item 1. Amend rule 401—3.1(18) by adding the following new definitions in alphabetical order:

“Assignment of office space” means space allocated by the department to a state agency for its use.

“Control of assigned office space” means the ability of an agency to modify its use of assigned space without consultation with the department as long as changes do not include relocating wiring, replacing, adding or deleting modular office components, or making other modifications that would affect the floor plan.

“Modular office components” means parts of a modular office system.

“Modular office systems” means standard cubicle furniture; generally, two-foot, three-foot and four-foot sections that have attached work surfaces and file storage space. Modular office systems are available in new, remanufactured and recycled condition.

“Nonstandard modular office systems” means office systems that do not meet standards set by the department of general services.

“Office furniture” means any furnishing that is free standing and does not require installation with component parts. Examples are desks, chairs, file cabinets, tables, lounge seating, and computer desks.

“Recycled modular office components” means used components that have been cleaned and have had broken parts replaced, but have not been disassembled and rebuilt.

“Remanufactured modular office components” means used components that have been disassembled, repainted or reupholstered, rebuilt, and have had broken parts replaced. Remanufactured components are intended to be like new.

“Seat of government” means office space at the capitol, other state buildings and elsewhere in the city of Des Moines for executive branch agencies, except those areas exempted by law.

“Waiver” means a waiver or variance as defined in 401— Chapter 20, Iowa Administrative Code.

Item 2. Adopt the following new rule:

401—3.6(18) Office space management.3.6(1) Purpose. The purpose of this rule is to standardize

office space management at the seat of government in order to effectively plan and utilize office space and to promote connectivity and reuse of modular office systems. The rules outline the responsibilities of state agencies relative to use of office space assigned to them by the department of general services and the responsibilities of the department to manage and coordinate changes to an agency’s use of its assigned space.

3.6(2) Scope and applicability. The department’s authority for office space assignment applies to all state office space, including leased office space, at the seat of government except for buildings and grounds described in Iowa Code section 216B.3, subsection 6; section 2.43, unnumbered paragraph 1; and any buildings under the custody and control of the Iowa public employees’ retirement system.

3.6(3) Office space standards. State agencies are required to use the following standards:

a. The department of general services has developed and shall maintain, in cooperation with state agencies, office space standards, expressed in square feet for individual offices classified by type of work, and by occupancy, expressed as the number of occupants per building floor or major unit thereof. These standards will be used to facilitate space planning, but are not intended to be applied in an exact manner to each cubicle or office. Some flexibility may be allowed in the work plan created for managing changes to use of office space to provide for unique agency needs. All office space layouts shall comply with applicable federal and state regulations and codes.

b. The department of general services has defined and shall maintain in cooperation with state agencies and Iowa Prison Industries (IPI) modular office systems standards, expressed by function and connectivity, for use by state agencies. These standards are for the purpose of facilitating reuse of modular office system components.The requirement to follow these standards may be waived by the director when supported by a written factual and objective business case analysis that provides clear and convincing evidence to support the waiver.

3.6(4) Notification of intended office space or office systems modifications. To facilitate office space planning and cost-effective space utilization, an agency shall notify the de-


GENERAL SERVICES DEPARTMENT[401](cont’d)

partment in writing at least 45 days prior to expected completion of the work whenever an agency becomes aware of possible modifications to an agency’s organization, programs or mission which may require a corresponding increase or decrease in an agency’s current office space requirements; or when an agency first identifies a need to modify use of assigned office space including relocating wiring, replacing, adding or deleting modular office components, or making other floor plan modifications.

3.6(5) Work plan. Upon written notification of intended office space or office systems modifications, the department of general services and the agency will negotiate and complete a work plan including but not limited to the following items:

a. A description of the intended space modification result;

b. The tasks required to achieve the intended result, such as creating construction specifications, identifying wiring needs, selection of a space planner and a moving service, and identifying related purchases;

c. The party responsible for accomplishing each task; and

d. The scheduled time line for tasks included in the design, installation (construction and move) and completion of the project.An agency may not proceed with office space modifications in the absence of a work plan agreed to and approved in writing by the agency and the department of general services. The work plan shall be modified to reflect any changes in intended results, tasks, responsibilities and time schedule.

3.6(6) Purchase of modular office components. To obtain office furniture and modular office components, an agency may purchase standard modular office components and other furniture items from Iowa Prison Industries in accordance with Iowa Code section 904.808 without further competition.

To obtain office furniture and modular office components, an agency may purchase standard modular office components and other furniture items from a targeted small business (TSB) when the purchase will not exceed $5,000, per Iowa Code section 18.6, without further competition.

Use of a competitive selection process is required for all purchases, unless the agency chooses to use one of the procedures above. However, competitive selection may be used for any purchase. When an agency elects to obtain standard office modular components and other furniture items through the department of general services’ competitive procurement process, IPI and TSBs shall be part of the bidding process.

The portion of the work plan for purchasing modular office systems or office furniture shall allow for the issuance of purchase orders at least 30 days prior to the desired delivery date.

Regardless of how an agency purchases or obtains modular office components, the department of general services shall retain responsibility for management and coordination of office space planning.

3.6(7) Disposal of surplus office modular components, furniture and equipment. State agencies may dispose of unfit or unnecessary office modular components, furniture and equipment by contacting the state surplus office, as identified by the department; offering items in good repair to other agencies either through the department or directly to other agencies; or trading in used items when purchasing replacements.

Any costs associated with disposal of nonstandard modular office components are the responsibility of the state agency.

ARC 2152B

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A4(1 )ub”

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6)ata regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 249A.4 and 2002 Iowa Acts, House File 2416, section 7, the Department of Human Services proposes to amend Chapter 77, “Conditions of Participation for Providers of Medical and Remedial Care,” and Chapter 78, “Amount, Duration, and Scope of Medical and Remedial Care,” Iowa Administrative Code.

These amendments make changes to the requirements for supported community living services under the Medicaid home- and community-based mental retardation and brain injury waivers. The amendments:

• Set identical standards for approval of living units under the two waivers.

• Set criteria for approving living units under an exception to policy, as required by 2002 Iowa Acts, House File 2416.

• Clarify that consumers living in licensed health care facilities or in settings required to be licensed as health care facilities under Iowa law are not eligible for waiver services.

• Remove the restrictions that no more than eight consumers shall reside in settings with a maximum of four living units and that the majority of living units in larger settings must be occupied by people who are not disabled. 2002 Iowa Acts, House File 2416, requires that the restrictions based on the number of consumers or living units in a setting be eliminated. Instead, these amendments require that all living units shall be “integrated with” units occupied by people who are not disabled.

• Remove provisions for approving conversion of five- bed living units licensed as residential care facilities for the mentally retarded to waiver facilities not required to be licensed, since this authority was rescinded by 2002 Iowa Acts, House File 2416, section 1.

Criteria for approval of an exception to the four-bed limit are:

• Justification of the need for the service to be provided in a larger living unit.

• Evidence that the geographic location of the program will not result in an overconcentration of such programs in the area, as required by Iowa Code section 135C.6, subsection 8.

• Verification from the Department of Inspections and Appeals that the program is not required to be licensed as a health care facility under Iowa Code chapter 135C. Providing supported community living services in any setting required to be licensed as a medical or health care facility would be contrary to the intent of home- and community- based supported community living services. (NOTE: With the passage of 2002 Iowa Acts, House File 2416, the only exceptions to licensing allowed in the Code of Iowa are for four-bed residential programs and former ICFs/MR of eight beds or less that are operating under the waiver.)


HUMAN SERVICES DEPARTMENT[441](cont’d)

These amendments provide for waivers to the limit on the size of living units under supported community living programs through the Department’s general rule at 441— 1.8(17A,217).

The substance of these amendments is also Adopted and Filed Emergency and is published herein as ARC 2I61B. The purpose of this Notice is to solicit comment on that submission, the subject matter of which is incorporated by reference.

Any interested person may make written comments on the proposed amendments on or before January 2, 2003. Comments should be directed to the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa 50319- 0114. Comments may be sent by fax to (515)281-4980 or by E-mail to [email protected].

These amendments are intended to implement Iowa Code section 249A.6 and 2002 Iowa Acts, House File 2416, division I.

ARC 2153B

HUMAN SERVICES DEPARTMENT [441]

Notice of Intended ActionTwenty-live interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“Z».”


Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend Chapter 78, “Amount, Duration, and Scope of Medical and Remedial Care,” Iowa Administrative Code.

This amendment changes the rate of Medicaid reimbursement for transportation by car to 20 cents per mile, instead of the state employee rate (currently 29 cents per mile).

This amendment does not provide for waivers in specified situations because reimbursement should be equal for all recipients.

The substance of this amendment is also Adopted and Filed Emergency and is published herein as ARC 2162B. The purpose of this Notice is to solicit comment on that submission, the subject matter of which is incorporated by reference.

Any interested person may make written comments on the proposed amendment on or before January 2, 2003. Comments should be directed to the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa 50319- 0114. Comments may be sent by fax to (515)281-4980 or by E-mail to [email protected].

This amendment is intended to implement Iowa Code section 249A.4.

ARC 2154B


Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(l)“h.”


Pursuant to the authority of Iowa Code section 249A.4 and 2001 Iowa Acts, chapter 191, section 31, the Department of Human Services proposes to amend Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” Iowa Administrative Code.

This amendment modifies the procedures for setting the state maximum allowable cost for specified drugs under the Medicaid program. This amendment:

• Removes the minimum value of the adjustment factor for determining the state maximum allowable cost.

• Provides that the Department will set the adjustment factor in consultation with the Iowa Pharmacy Association.

• Removes the requirement to set the adjustment factor at least quarterly and makes the timing subject to the Department’s discretion.

• Removes requirements for pharmacies to submit product cost and availability information to the Department and makes submission voluntary.

This amendment does not provide for waivers in specified situations because these changes confer a benefit on providers and because all drug claims should be reimbursed on the same basis.

The substance of this amendment is also Adopted and Filed Emergency and is published herein as ARC 2163B. The purpose of this Notice is to solicit comment on that submission, the subject matter of which is incorporated by reference.

Any interested person may make written comments on the proposed amendment on or before January 2, 2003. Comments should be directed to the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa 50319- 0114. Comments may be sent by fax to (515)281-4980 or by E-mail to [email protected].

This amendment is intended to implement Iowa Code section 249A.4 and 2001 Iowa Acts, chapter 191, section 31, subsection 1.


ARC 2172B

INSPECTIONS AND APPEALS DEPARTMENT[481]

Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“2>.”

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A*8(6)ata regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 10A.104(5), the Department of Inspections and Appeals hereby gives Notice of Intended Action to amend Chapter 51, “Hospitals,” Iowa Administrative Code.

The proposed amendments are intended to update the Department’s administrative rules by incorporating recent changes made in the federal certification requirements for organ and tissue requests and procurement. The proposed amendments clarify rules relating to organ and tissue requests and procurement, the determination of death of a donor, determination of medical suitability, informed consent, confidentiality, and the training of hospital personnel.

Any interested person may make written suggestions or comments on the proposed amendments on or before December 31, 2002. Such written materials should be directed to the Director, Department of Inspections and Appeals, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319-0083; or faxed to (515)242-6863. E-mail should be sent to [email protected].

These amendments are intended to implement Iowa Code section 10A. 104(5).


Item 1. Amend subrule 51.8(1), introductory paragraph, as follows:

51.8(1) Each hospital licensed with Iowa Code chapter 135B shall have in place written policies and protocols for organ and tissue donation. Hospital policies and protocols for organ and tissue donation shall require that the patient, or appropriate person able to consent on behalf of the patient, be made aware of the option to donate as well as of the option to refuse donation and the ability, if any, to revoke consent once given.

Item 2. Amend paragraphs 51.8(l)“a” and “b” as follows:

a. Hospitals shall be familiar with the uniform anatomical gift law, Iowa Code chapter 142C, and shall develop policies and protocols for consent to organ and tissue donation by either the patient or an appropriate person to consent on the patient’s behalf consistent with that law’s provisions.

b. Hospital policies and protocols for organ and tissue donation shall set forth the responsibilities of the attending physician or physicians, nursing staff, and other appropriate hospital staff persons in the organ donation process. At a minimum, the policies shall set forth who in particular is authorized to make an organ or tissue donor request and that all such requests shall be made only when-authorized by the attending physician or in accordance with clearly delineated written protocol approved by the hospital’s medical staff and governing board.

Item 3. Amend subparagraphs 51.8(l)“d”(l), (2) and (4) as follows:

(1) Where the patient is not medically suitable, as determined by the organ or tissue procurement organization',

(2) Where the hospital lacks the appropriate facilities or equipment technical capability and expertise for determining medical-suitability and for maintaining the patient or the organs for the time and in the manner necessary to facilitate appropriate procurement of the organs;

(4) Where the hospital has appropriate documentation actual knowledge that the patient or the appropriate person to consent on behalf of the patient does not want to consider the donation option or that donation violates or is otherwise contrary to the religious beliefs of the patient or of the-appropriate person to consent on behalf of the-patient;

ITEM 4. Rescind subparagraph 51.8(l)“d”(5).

ITEM 5. Amend paragraphs 51.8(l)“e,” “P’ and “h” as follows:

e. Hospital policies and protocols for organ and tissue donation shall require documentation in the patient’s medical record of the fact that a donor request was made and either accepted or refused, stating to whom the request was made and who accepted or refused; or that a donor request was not made, stating the reason why no request was made; or that a consent previously given was subsequently revoked.

f. Method and manner of consent, where consent to organ or tissue donation has been given, shall be noted in the patient’s medical record. Where revocation of consent, if applicable, occurs, the manner and method of revocation shall also be noted in the patient’s medical record.

h. Hospital policies and protocols for organ and tissue donation shall provide for ongoing communication with the patient’s family or other appropriate representatives regarding the donation process, the present status of that process and unexpected delays in the process, and family rights and responsibilities following organ or tissue donation.

Item 6. Amend paragraph 51.8(2)“c” as follows:c. The surgeon performing the organ removal shall not7

except in unusual-and necessary circumstances, participate in the determination of brain death.

ITEM 7. Amend paragraph 51.8(3)“a” as follows:a. Ne At or near the time of death or when death has oc

curred, no organ donor request shall be made until the patient has been determined, by the designated organ or tissue procurement organization, to be medically suitable for organ or tissue donation.

Item 8. Rescind paragraph 51.8(3)“b.”ITEM 9. Amend paragraph 51.8(3)“c” as follows:g b. Each hospital shall consult with a recognized organ

procurement program or programs in establishing medical requirements for organ and tissue donation and, where necessary, in evaluating a particular patient’s suitability for donation. Where required by federal law, hospitals shall only work with organ procurement organizations designated by the Department of Health and Human Services (DHHS). Organ procurement programs maintain guidelines for determining medical suitability and generally will provide a hospital with a copy of those guidelines which may be incorporated into the hospital’s own policies and protocol for organ donation.

Item 10. Amend paragraphs 51.8(4)“b,” “e” and “g” as follows:

b. Hospitals with agreements an agreement with the designated one-or more OPQs OPO shall take into account the terms and conditions of those agreements the agreement in


INSPECTIONS AND APPEALS DEPARTMENT[481] (cont ’ d)

developing their policies and protocols. Where required by federal law, hospitals Hospitals shall contact only the OPO designated by the federal Department of Health and Human Services.

e. The procurement process shall not occur until necessary consent by the patient or appropriate person to consent on behalf of the patient is received and documented. Also, in cases requiring the involvement of the medical examiner, release of the body must be authorized in writing by the medical examiner and documented in the patient’s medical record.

g. Where consent has been given to for organ or tissue donation, revocation of prior consent, if applicable, shall not be effective once surgical procedures have begun on either the donor or the recipient, revocation of that consent shall be consistent with the current guidelines set forth by Medicareand Medicaid programs. Revocation of prior consent shallnot be effective once surgical-procedures have begun on ei-ther-the donor or the recipient.

Item 11. Amend subrule 51.8(5) as follows:51.8(5) Informed consent. Hospital policies and proto

cols for organ and tissue donation shall be consistent with informed consent provisions provided by the organ procurement organization of-the current guidelines set forth by Medicare and Medicaid programs.

Item 12. Amend subrule 51.8(6) as follows:51.8(6) Confidentiality. Hospital policies and protocols

for organ and tissue donation shall provide that donor and recipient patient-identifying information shall be kept confidential except and only to the extent necessary to assist and complete the procurement and transplant processes process. Hospital confidentiality policies for organ donor and recipient patients shall be consistent with the current guidelines set forth by Medicare and Medicaid programs.

Item 13. Amend subrule 51.8(7) as follows:51.8(7) Training of hospital personnel. Hospital policies

and protocols for organ and tissue donation shall include provisions for initial and ongoing training of hospital medical, nursing, and other appropriate staff persons regarding the various aspects of the organ and tissue donation and procurement process. The type and extent of training will vary from hospital to hospital, based on factors such as likelihood of medically suitable donors, capabilities for maintaining organ donors/patients, referral sources for potential organ and tissue donor candidates, and overall participation in organ and tissue procurement and transplants.

ARC 2164BLABOR SERVICES DIVISION[875]

Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“Z>.”


Pursuant to the authority of Iowa Code sections 88.5 and 17A.3(1), the Labor Commissioner hereby gives Notice of Intended Action to amend Chapter 26, “Construction Safety and Health Rules,” Iowa Administrative Code.

The proposed amendment adopts the safety standards for signs, signals, and barricades. This amendment revises the construction industry safety standards to require that traffic control signs, signals, barricades or devices protecting workers conform to Part VI of either the 1988 Edition of the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) with 1993 revisions or the Millennium Edition of the FHWA MUTCD. The current standard incorporates the 1971 version of the MUTCD.

The principal reasons for the proposed adoption of this amendment are to implement Iowa Code chapter 88 and to protect the safety and health of Iowa’s workers. Adoption of this amendment is required by 29 Code of Federal Regulations Subsection 1953.23(a)(2) and Iowa Code subsection 88.5(l)“a.”

A public hearing will be held on January 3, 2003, at 10 a.m. in the Stanley Room of the Iowa Workforce Development Building, 1000 E. Grand Avenue, Des Moines, Iowa. Any interested person will be given the opportunity to make an oral statement and submit documents. The facility for the oral presentations is accessible to and functional for persons with physical disabilities. Persons who have special requirements should telephone (515)242-5869 in advance to arrange access or other needed services.

Written data or arguments to be considered in adoption may be submitted by interested persons no later than January 3,2003, to the Deputy Labor Commissioner, Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319-0209, or faxed to (515)281-7995. E-mail may be sent to [email protected].

The Division has determined that this Notice of Intended Action may have an impact on small business. This amendment will not necessitate additional annual expenditures exceeding $100,000 by any one political subdivision or agency or any contractor providing services to political subdivisions or agencies.

The Division will issue a regulatory flexibility analysis as provided by Iowa Code section 17A.4A if a written request is filed by delivery or by mailing postmarked no later than January 13,2003, to the Deputy Labor Commissioner, Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319. Appropriate requests are described in Iowa Code section 17A.4A.

This amendment is intended to implement Iowa Code section 88.5.


Amend rule 875—26.1(88) by inserting at the end thereof:67 Fed. Reg. 57736 (September 12, 2002)

ARC 2185B

NATURAL RESOURCE COMMISSION[571]



Pursuant to the authority of Iowa Code sections 17A.3 and 455A.5, the Natural Resource Commission hereby gives No-


NATURAL RESOURCE COMMISSION[571](cont’d)

tice of Intended Action to amend Chapter 7, “Rules of Practice in Contested Cases,” Iowa Administrative Code.

This amendment proposes to adopt by reference the proposed amendments to 561—Chapter 7, “Rules of Practice in Contested Cases,” that were published under Notice of Intended Action in the November 13, 2002, Iowa Administrative Bulletin as ARC 2095B.

The purpose of the rule making published under Notice as ARC 2095B is to amend the Department’s procedural rules to conform to Iowa Code chapter 17A, to update the titles of Department officials mentioned within the rules, and to correct an error in the rules. Items 1,2,3,5,6,7,8,9,10,11,13, 14,15,16,17, 18, and 19 make changes in the rules to conform to Iowa Code chapter 17A. Items 4 and 11 update the titles of Department officials. Item 12 corrects a misstated citation.

Any interested persons may make written suggestions or comments regarding the proposed amendment on or before December 31,2002. Written comments should be directed to Anne Preziosi, Department of Natural Resources, Air Quality Bureau, 7900 Hickman Road, Urbandale, Iowa 50322; telephone (515)281-6243; fax (515)242-5094. Requests for a public hearing regarding this rule making must be submitted in writing to the above address by that date.



Amend rule 571—7.1(17A) as follows:

571—7.1(17A) Adoption by reference. The commission adopts by reference 561—Chapter 7, Iowa Administrative Code, as amended on [date to be inserted],

ARC 2181B


Notice of Termination

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby terminates the rule making initiated by its Notice of Intended Action published in the Iowa Administrative Bulletin on September 4, 2002, as ARC 1953B, amending Chapter 81, “Fishing Regulations,” Iowa Administrative Code.

The Notice proposed to amend Chapter 81 by rescinding language providing for a catch-and-release restriction on black bass in a portion of the Cedar River in Mitchell County.

The Notice was published to solicit comments and to provide opportunity for a hearing. Twenty-three individuals provided comments supporting retention of the current catch-and-release regulation. No support was received for the amendment, and there is no further need to proceed with rule making for ARC 1953B.

ARC 2182B


Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A4(l)a£>.”


Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 88, “Fishing Tournaments,” Iowa Administrative Code.

The proposed amendments eliminate the mandatory report requirement and redefine fishing tournament for the Mississippi River as 20 or more boats or 40 or more participants.

Any interested person may make written suggestions or comments on the proposed amendments on or before January 7,2003. Such written materials should be directed to Marion Conover, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319-0034; fax (515) 281-6794. Persons who wish to convey their views orally should contact the Fisheries Bureau at (515)281-5208 or at the Bureau offices on the fourth floor of the Wallace State Office Building.

Also, there will be a public hearing on January 7, 2003, at 1 p.m. in the Fourth Floor Conference Room of the Wallace State Office Building, 502 E. 9th Street, Des Moines, Iowa.

At the public hearing, persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

Any person who intends to attend the public hearing and has special requirements such as those related to hearing or mobility impairments should contact the Department of Natural Resources and advise of specific needs.

These amendments are intended to implement Iowa Code section 481A.38.

The following amendments are proposed.Item 1. Amend rule 571—88.1(462A,481A) as follows:

571—88.1(462A,481A) Definition. “Fishing tournament” means any organized fishing event with six or more boats or 12 or more participants or where an entry fee is charged or prizes or other inducements are awardedv, except for waters of the MississippiRiver, where the number of boats shall be 20 or more and the number of participants shall be 40 or more.

Item 2. Rescind rule 571—88.5(462A,481A).


ARC 2187B


Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“£.”


Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 94, “Nonresident Deer Hunting,” Iowa Administrative Code.

These rules give the regulations for hunting deer and include season dates, bag limits, possession limits, shooting hours, areas open to hunting, licensing procedures, means and methods of taking, and transportation tag requirements. This amendment changes nonresident zone license quotas.

Any interested person may make written suggestions or comments on the proposed amendment on or before January 15, 2003. Such written materials should be directed to the Wildlife Bureau Chief, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319- 0034; fax (515)281-6794. Persons who wish to convey their views orally should contact the Bureau at (515)281-6156 or at the Bureau offices on the fourth floor of the Wallace State Office Building.

There will be a public hearing on January 15, 2003, at 3 p.m. in the Fourth Floor East Conference Room of the Wallace State Office Building at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment.

Any persons who intend to attend the public hearing and have special requirements such as those related to hearing or mobility impairments should contact the Department of Natural Resources and advise of specific needs.

This amendment is intended to implement Iowa Code sections 481A.38, 481A.39 and 481A.48.


Amend subrule 94.6(1) as follows:94.6(1) Zone license quotas. Nonresident license quotas

are as follows:Any-sex Antlerless-only

All Methods Bow

Zone 1. 240180 84 63Zone 2. 240180 84 63

Zone 3. 600 560 240 796

Zone 4. 4200 7280 420 448Zone 5. 45001600 525560

Zone 6. 780 800 272 280

Zone 7. 360 126

Zone 8. 240 84

Zone 9. 600 210

Any-sex Antlerless-only

All Methods Bow

Zone 10. 240 200 84 70Total 6000 2100 2500 statewide

ARC 2183B


Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(l)“i>.”


Pursuant to the authority of Iowa Code section 455A.5, the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 104, “Wildlife Importation, Transportation and Disease Monitoring,” Iowa Administrative Code.

The proposed amendment establishes appropriate methods for the disposal of disease-affected captive cervid herds and for the disposal of carcasses by the Department.

Any interested person may make written suggestions or comments on this proposed amendment prior to January 15, 2003. Such written materials should be directed to Chief, Wildlife Bureau, Department of Natural Resources, Des Moines, Iowa 50319-0034; fax (515)281-6794. Persons wishing to convey their views orally should contact the Wildlife Bureau at (515)281-6156 or on the fourth floor of the Wallace State Office Building.

Also, there will be a public hearing on January 15, 2003, at 1 p.m. in the Fourth Floor East Conference Room of the Wallace State Office Building, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment.

Any persons who intend to attend the public hearing and have special requirements such as those related to hearing or mobility impairments should contact the Department of Natural Resources and advise of specific needs.



Rescind rule 571—104.11(481A) and adopt the following new rule in lieu thereof:

571—104.11(481A) Identification and disposal requirements. Affected and exposed animals must remain on the premises where they are found until they are identified and disposed of in accordance with this rule.

104.11(1) The carcasses of affected or exposed animals may be disposed of at a permitted sanitary disposal project, incinerated in a department-approved incinerator, or buried on the premises. Appropriate disposal method(s) will be determined by the department. If burial is the approved method, it must be done in accordance with the following:



a. A maximum loading rate of 20 Cervidae per acre per year may be buried on the premises. Animals or parts thereof that are less than 40 pounds can be buried without regard to number.

b. The animals are buried in soils listed in tables contained in the county soil surveys and soil interpretation records (published by the U.S. Soil Conservation Service) as being moderately well drained, well drained, somewhat excessively well drained, or excessively drained.

c. The lowest elevation of the burial pit is 6 feet or less below the surface.

d. The animals are immediately covered with a minimum of 6 inches of soil and finally covered with a total minimum of 30 inches of soil.

104.11(2) In addition to the disposal methods listed in 104.11(1), the Cervidae carcasses, or portions thereof, which come into the possession of the department for the purpose of disease testing or for any other reason may be disposed of by burial on public property under the jurisdiction of the department provided that burial is done in accordance with 104.11(l)“a” through “d” and the location of burial is situated to minimize the impact on public use of the property.

ARC 2171B

PERSONNEL DEPARTMENT [581]Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“&.”


Pursuant to the authority of Iowa Code section 97B.15, the Department of Personnel hereby gives Notice of Intended Action to amend Chapter 21, “Iowa Public Employees’ Retirement System,” Iowa Administrative Code.

These proposed amendments establish a new method of benefits payment, also known as level method of payment, for qualified special service members effective July 1,2002, permitting a special service member to receive a relatively level stream of IPERS income before the age of 62 and after the age of 62 when IPERS benefits and Social Security payments are combined; further remove restrictions relating to trailing wage payments to those employees retiring effective January 1, 2003; and allow qualified pension plans maintained by public waterworks and water utilities to be merged into IPERS, if IPERS and the merging plan agree to the terms of the merger, effective July 1, 2002.

These amendments were prepared after consultation with the IPERS legal, accounting and benefits units.

There are no waiver provisions included in the proposed amendments because they confer benefits or are required by statute.

Any person may make written suggestions or comments on the proposed amendments on or before December 31, 2002. Such written suggestions or comments should be directed to the IPERS Administrative Rules Coordinator, IPERS, P.O. Box 9117, Des Moines, Iowa 50306-9117. Persons who wish to present their comments orally may contact the IPERS administrative Rules Coordinator at (515)281- 3081. Comments may also be submitted by fax to (515)281- 0045, or by E-mail to [email protected].

There will be a public hearing on December 31, 2002, at 9 a.m. at IPERS, 7401 Register Drive, Des Moines, Iowa, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject matter of the proposed amendments.

These amendments are intended to implement Iowa Code chapter 97B as amended by 2002 Iowa Acts, House File 2532, sections 15 and 27.


Item 1. Amend rule 581—21.13(97B) by adopting new subrule 21.13(13) as follows:

21.13(13) Ixvel payment choice for special service members. A level payment choice is created effective July 1, 2002. IPERS shall implement the level payment choice by preparing factors to convert nonhybrid IPERS Options 1, 2,3.4, and 5 to the level payment choice. The new benefit feature applies solely to special service members, and any reference to members in this subrule shall only apply to special service members.

a. Conversion rights. A special service member who qualifies for a July 2002 or later first month of entitlement (FME) may elect to retire under the regular IPERS Option 1, 2,3,4 or 5, and later have the member’s option converted to the level payment choice. Retroactive adjustments in monthly amounts and death benefits, without interest, shall be provided.

In order to qualify for the conversion and retroactive payments, the member must request the level payment choice in writing no later than six months after the member’s first monthly payment. If the member is married, the member’s spouse must also consent to the requested change. Election of conversion to the level payment choice shall be irrevocable upon receipt of the first payment under the level payment choice.

A member who has retired under Iowa Code section 97B.49D or under IPERS Option 6 on or after July 1, 2002, and who wishes to receive benefits under this subrule may revoke the member’s initial election and choose IPERS Option1.2.3.4, or 5, to be paid as a level payment choice. The conversion to the level payment choice under this subrule is mandatory and irrevocable.

The conversion rights granted in this subrule shall not apply to members whose FME is January 2003 and later. Those members must select the level payment choice at the time they submit an IPERS retirement application.

b. Social security retirement amount. Calculations of a member’s level payment choice shall be based on the social security retirement amount at age 62 as verified by Social Security Administration statements provided by the member. No adjustments shall be made if subsequent social security statements indicate an increase in the age 62 social security retirement amount. Verification of the social security benefits shall not precede the member’s first month of entitlement by more than 12 months.

c. Death benefit assumptions. In preparing level payment choice factors, the actuary shall assume:

(1) For IPERS Options 1 and 2, death benefits under those options shall not be reduced as a result of a member turning age 62 and having the member’s monthly allowance reduced under this subrule.

(2) For IPERS Options 4 and 5, the IPERS’ actuary shall assume that the contingent annuitant’s or beneficiary’s monthly payments and death benefits, if any, prior to the date the member attains, or would have attained, age 62 shall be based on the amount that was payable to the member for peri-


PERSONNEL DEPARTMENT[581](cont’d)

ods before the member attains, or would have attained, age 62. Beginning with the month that the member attains, or would have attained, age 62, a contingent annuitant’s or beneficiary’s monthly payments and death benefits, except death benefits under IPERS Options 1 and 2, shall be based on the reduced amount that would have been payable to the member in the month after the month that the member attained age 62.

d. Favorable experience dividends. An eligible member’s or beneficiary’s favorable experience dividend, if any, shall be based on the member’s or beneficiary’s level payment choice monthly amount as of the preceding December 31.

e. Prohibitions. The following special service members shall be prohibited from receiving benefits under this subrule:

(1) Those who retire under Iowa Code section 97B.49D.(2) Those who retire under Option 6.(3) Those who request a level payment amount that re

flects less than a full offset for the social security retirement amount at age 62.

(4) Those reemployed in covered employment and subsequently retiring, for the period of reemployment. A member who has elected the level payment choice shall have retirement benefits calculated solely for the period of reemployment, except for vesting credit.

f. Limit on reductions. For a member who has substantial noncovered employment, the application of the level payment factors shall not reduce the monthly amount payable to a member at age 62 to less than 50 percent of the monthly amount that would have been payable under IPERS Option 2. Accordingly, payments before age 62 to such members shall be reduced in the same manner, with the corresponding adjustments made to death benefits.

Item 2. Amend subrule 21.18(2), as follows:21.18(2) Effective January 1,1993, the first month of en

titlement of an employee who qualifies for retirement benefits shall be the first month after the employee is paid the last paycheck, if paid more than one calendar month after termination. If the final paycheck is paid within the month after termination, the first month of entitlement shall be the month following termination.

Notwithstanding the foregoing sentence, effective Effective January 1,2001, employees of a school corporation who are permitted by the terms of their employment contracts to receive their annual salaries in monthly installments over periods ranging from 9 to 12 months may retire at the end of a school year and receive trailing wages through the end of the contract year if they have completely fulfilled their contract obligations at the time of retirement. For purposes of this subrule, “school corporation ” means body politic described in Iowa Code sections 260C.16 (community colleges), 273.2 (area education agencies) and 273.1 (K-12 public schools). For purposes of this subrule, “trailing wages” means previously earned wage payments made to such employees of a school corporation after the first month of entitlement. Such trailing -wage payments shall not result in more-than onequar-ter-of service credit being added to retiring members’earnings records. For purposes of this-subrule, “school corporation” means body politic described-in Iowa Code sections 260C.16 (community colleges), 273.2 (area education agencies) and 273.1 (K-12 public schools). This exception does not apply to hourly employees, including those who make arrangements with their employers to hold back hourly wages for payment at a later date, to employees who are placed on sick or disability leave or leave of absence, or to

employees who receive lump sum leave, vacation leave, early retirement incentive pay or any other lump sum payments in installments.

For all employees of all IPERS covered employers who terminate employment in January 2003, or later, if the final paycheck is paid within the same quarter or within one quarter after termination and wages are reported under the normal pay schedule, the first month of entitlement shall be the month following termination. However, if the last paycheck is paid more than one quarter after the termination, the first month of entitlement shall be the first month after the employee is paid the last paycheck. Under no circumstances shall such trailing wages result in more than one quarter of service credit being added to retiring members ’ earning records.

Item 3. Amend 581—Chapter 21 by adopting the following new rule 581—21.35(97B):581—21.35(97B) Procedures for merger of qualified pension plans with IPERS. Effective January 1, 2003, IPERS will begin accepting qualified pension plans for merger into the IPERS pension plan. This merger process shall provide for the transfer of all active and inactive members, retirees, and beneficiaries of retirees of the merging plan into IPERS, except as otherwise agreed by IPERS and the merging plan.

21.35(1) The merging plan shall transfer assets to IPERS in an amount equal to the actuarial accrued liability created for IPERS as the result of the transfer of pension obligations owed to active, inactive and retired members of the merging plan. Said actuarial accrued liability shall be determined using the merging plan’s membership data, the IPERS benefit structure, and the current IPERS actuarial valuation assumptions as of the date of the transfer.

21.35(2) All years of service under the merging plan shall be recognized by IPERS for purposes of determining eligibility, vested status, and calculating IPERS benefits.

21.35(3) All wage records for current active members shall be summarized on the quarterly basis used by IPERS to determine the member’s IPERS benefits. IPERS will not independently verify wage records, but will monitor those records to ensure that IRC Section 401(a)(17) limits are not exceeded.

21.35(4) The merging plan’s actuary may determine that the accrued benefit of an active or inactive member of the merging plan exceeds the member’s accrued IPERS benefits based on the merging plan’s membership data and the IPERS benefit structure. The compensation of such individuals for any difference between the monthly benefit they accrued in the merging plan and the benefit they will have under IPERS shall be at the merging plan’s sole discretion, and IPERS shall have no liability.

21.35(5) The same methods of conversion and cash out will be used for terminated vested members with a current plan account in the merging plan and for members, if any, who previously elected to freeze their accounts in the former plan to begin participation in IPERS.

21.35(6) The merging plan’s retirees shall receive annuity payments from IPERS in the same forms and amounts as provided in the merging plan, provided those forms of payment are available under IPERS. If any retiree from the merging plan is also receiving a benefit from IPERS and the forms of benefits under the two plans differ, the retiree must agree to have the benefit payable from the merging plan converted and paid in the same form as the benefit under IPERS. Dividends for retirees transferred to IPERS shall be determined


PERSONNEL DEPARTMENT[581](cont’d)

based on the first month of entitlement under the merging plan.

21.35(7) The monthly benefit payable to transferred members (excluding retirees) by IPERS may be greater or less than the monthly benefit they would have received under the merging plan. IPERS shall not be responsible for any difference in the two benefit amounts. It shall be the sole responsibility of the merging plan to ensure the protection of the accrued benefits of the merging plan’s members and beneficiaries.

21.35(8) IPERS may agree to accept in-kind transfers of assets in satisfaction of the liabilities created by the merger, but may, in IPERS’ sole discretion, decline all in-kind asset transfers and demand cash to fund the merger.

21.35(9) Mergers shall meet the following criteria:a. There shall be no actuarial gain or loss to IPERS (de

fined as a change in the unfunded accrued actuarial liability) as a result of a merger with another pension plan.

b. The merging plan shall defend and hold IPERS harmless from any claims by transferred members with respect to employee contribution accounts, cut-back claims, tax issues, and any other cause of action arising hereunder that does not result from IPERS negligence or misconduct. This indemnification shall also extend to any contractual claims by the merging plan’s vendors, pending or threatened lawsuits or regulatory actions against the merging plan, and appeals by members, retirees and beneficiaries of the merging plan.

c. Prior to the merger date, the merging plan authority and IPERS shall formally agree on all material terms and conditions of the merger in writing.

d. The merging plan authority shall adopt by resolution a proposal to merge the pension plan with and into the IPERS pension plan, with IPERS as the surviving plan, which shall incorporate by reference the details of the merger expressed in the merger agreement between the merging plan and IPERS. The merging plan authority shall secure all other approvals necessary to the merger, and shall certify to IPERS that all necessary authorizations have been received.

e. All assets required to fund the transfer of liabilities created under the merger shall be transferred to IPERS within 120 days after the proposed effective date, plus an additional amount representing a 7.5 percent interest rate (or the current rate assumed by IPERS actuary in valuing assets and liabilities) commencing on the proposed effective date.

f. After the merger, the merging plan authority, as a covered employer, shall determine employee classifications and deduct and forward member and employer contributions in the same amount as required for all IPERS covered employment.

g. The merging plan authority shall transfer to IPERS in a mutually agreed upon method all employment records for active, inactive, and retired members and beneficiaries, including all tax reporting records. In addition to employment and tax reporting records, transferred electronic files shall include the same enrollment information as required under 21.6(11). Similar demographic information shall be provided to IPERS for spouses and beneficiaries.

h. The merging plan shall, prior to merger, in its sole discretion, make such amendments to its plan documents that it deems to be necessary or appropriate to accomplish the merger, provided that no such amendments shall vary the terms of the agreement to merge without the express written consent of IPERS.

i. IPERS shall, prior to merger, in its sole discretion, make such amendments to its plan documents that it deems to be necessary or appropriate to accomplish the merger, provided that no such amendments shall vary the terms of the

agreement to merge without the express written consent of the merging plan.

j. The transferred records of the merging plan shall be treated as confidential records by IPERS as described in rule 581—21.23(97B).

k. The merging plan authority and its legal and actuarial advisors shall determine the excess accruals, if any, owed to any member of the merging plan transferred to IPERS; shall provide such members with the appropriate election forms and related information; and shall take all steps necessary to complete the payment of compensation to such individuals in satisfaction of the obligation to protect accrued benefits under the merging plan as described above.

l. Excluding matters relating to the distribution of excess accruals, if any, the merging plan authority, its legal counsel, and IPERS and its legal counsel shall jointly develop all required communications regarding the plan merger. IPERS shall have sole responsibility for providing benefits estimates to the merging plan members, in anticipation of the merger. Following the effective date of the merger, all member services shall be handled by IPERS.

m. Following the merger, transferred active, inactive, and retired members and beneficiaries shall be entitled to benefits, including monthly allowances, refunds, actuarial equivalent (AE), death benefits and dividends as other IPERS members having the same demographic, wage and service records.

n. The members of the merging plan who currently have binding assignments against their benefits shall continue to have those assignments administered by IPERS as described in 21.26(97B) and 21.29(97B) or as otherwise required by law.

o. The members of the merging plan currently receiving disability retirement benefits must agree to have their disability retirement benefits administered by IPERS as described under 21.22(97B) or 21.31(97B), as applicable, or those members shall not be transferred.

p. The merging plan and IPERS shall jointly agree whether the merger will be submitted to the IRS for approval.

This rule is intended to implement Iowa Code chapter 97B as amended by 2002 Iowa Acts, House File 2532, section 27.

ARC 2195B

RACING AND GAMING COMMISSION[491]



Pursuant to the authority of Iowa Code sections 99D.7 and 99F.4, the Racing and Gaming Commission hereby gives Notice of Intended Action to amend Chapter 4, “Contested Cases and Other Proceedings,” Chapter 5, “Track and Excursion Boat Licensees’ Responsibilities,” Chapter 6, “Occupational and Vendor Licensing,” Chapter 9, “Harness Racing,” Chapter 10, “Thoroughbred and Quarter Horse Racing,” and Chapter 11, “Gambling Games,” Iowa Administrative Code.

Items 1 to 4 remove redundant language.Item 5 clarifies the procedure that the Commission must


RACING AND GAMING COMMISSION[491](cont’d)

follow when honoring a ruling from another jurisdiction.Item 6 sets forth the procedures for service of administra

tive actions.Item 7 defines a certified police officer for purposes of

rule 491—5.4(99D,99F).Item 8 defines a probationary period attached to an occu

pational license.Item 9 prohibits the transfer of a racing animal to avoid ap

plication of a Commission rule.Item 10 allows for the applicant’s forfeiture of a license

fee if the applicant does not comply in the allotted amount of time.

Item 11 removes the restriction which requires that a person be a member of the United States Trotting Association in order to claim a horse.

Item 12 sets a time certain by which medication reports must be submitted to the state veterinarian.

Items 13 to 15 allow for alternate sources of funding progressive jackpots.

Any person may make written suggestions or comments on the proposed amendments on or before January 7, 2003. Written materials should be directed to the Racing and Gaming Commission, 717 E. Court, Suite B, Des Moines, Iowa 50309. Persons who wish to convey their views orally should contact the Commission office at (515)281-7352.

Also, there will be a public hearing on January 7, 2003, at 9 a.m. in the office of the Racing and Gaming Commission, 717 E. Court, Suite B, Des Moines, Iowa. Persons may present their views at the public hearing either orally or in writing.

These amendments are intended to implement Iowa Code chapters 99D and 99F.

The following amendments are proposed.Item 1. Rescind and reserve subrule 4.4(1), paragraph

“b.”Item 2. Amend subrule 4.5(5) as follows:4.5(5) The notice of hearing given to the license holder

shall give adequate notice of the time, place and purpose of the board’s hearing* and shall specify by number the statutes or rules allegedly violated. Delivery-of the notice of hearing may be-executed by ei ther personal service or certified mailwith return receipt requested to the last-known address listedin the license application. If a license holder, after receiving adequate notice of a board meeting, fails to appear as summoned, the license holder will be deemed to have waived any right to appear and present evidence to the board.

Item 3. Rescind and reserve subrule 4.6(1), paragraph “b.”

Item 4. Amend subrule 4.6(5), paragraph “b,” as follows:

b. The notice of hearing given to the license holder shall give adequate notice of the time, place and purpose of the board’s hearing* and shall specify by number the statutes or rules allegedly violated. Delivery of the notice of hearing may be-executed by eithc^personal service or certified mailwith return receipt requested to the last-known address listedin the license application. If a license holder, after receiving adequate notice of a board meeting, fails to appear as summoned, the license holder will be deemed to have waived any right to appear and present evidence to the board.

Item 5. Amend rule 491—4.8(99D,99F) by adding the following new unnumbered paragraph:

The commission and stewards shall have discretion to honor rulings from other jurisdictions regarding license sus

pension or revocation or the eligibility of contestants. Whenever the commission decides to honor an order from another jurisdiction, the commission representatives shall schedule a hearing at which the licensee shall be required to show cause as to why the license should not be suspended or revoked.

Item 6. Amend 491—Chapter 4 by adding the following new rule:

491—4.9(99D,99F) Service of administrative actions.Any administrative action taken against an applicant or occupational licensee shall be served on the applicant or occupational licensee by personal service or by certified mail with return receipt requested to the last-known address on the application.

4.9(1) If the applicant or licensee is represented by legal counsel, a copy of the written decision shall also be provided to legal counsel by regular mail. However, the applicant or licensee must still be served in accordance with this rule.

4.9(2) If the administrative action involves an alleged medication violation that could result in disqualification of a contestant, the stewards shall provide by regular mail notice of the hearing and all subsequent rulings to the owner of the contestant.

Item 7. Amend subrule 5.4(5), paragraph “a,” as follows:

a. Peace officer. Each licensee shall ensure that a person who is a certified peace officer is present during all gaming hours, unless permission is otherwise granted by the administrator. A certified peace officer pursuant to this rule must be employed by a law enforcement agency and have police powers.

Item 8. Rescind rule 491—6.7(99D,99F) and insert in lieu thereof the following new rule:

491—6.7(99D,99F) Probationary period placed on a license. The commission representative or the board may place a probationary period on a license. The terms of the probationary period shall include the effective dates, conditions placed on the licensee and any penalty for failure to follow those conditions, including fine, suspension, denial, or revocation.

Item 9. Amend rule 491—6.15(99D) as follows:

491—6.15(99D) Disclosure of ownership of racing animals. All entities of ownership (individual, lessee, lessor, general partnership, or corporation) and all trainers are responsible for making full and accurate disclosure of the ownership of all racing animals registered or entered for racing. Disclosure shall identify in writing all individuals or entities that, directly or indirectly, through a contract, lien, lease, partnership, stockholding, syndication, joint venture, understanding, relationship (including family relationship), present or reversionary right, title or interest, or otherwise hold any interest in a racing animal, and those individuals or entities who by virtue of any form of interest might exercise control over the racing animal or may benefit from the racing of the animal. The degree and type of ownership held by each individual person shall be designated. The transfer of a racing animal to avoid application of a commission rule or ruling is prohibited and constitutes grounds for discipline.

Item 10. Amend subrule 6.16(5), paragraph “c,” as follows:

c. Failure to obtain a permanent license within the designated 15 calendar days will result in forfeiture of the license fee. Failure to obtain a permanent license may also result in


RACING AND GAMING COMMISSION[491](cont’d)

the automatic revoGationof disqualification from license eligibility and may result in a fine or suspension for the licensee that has failed to comply.

ITEM 11. Amend subrule 9.6(15), paragraph “a,” subparagraph (1), introductory paragraph, as follows:

(1) No person may file a claim for any horse unless the person is a-current active member of the U.S.T.A. and:

ITEM 12. Amend subrule 10.7(4), paragraph “c,” as follows:

c. Veterinarians must submit daily to the commission veterinarian on a prescribed form a report of all medications and other substances which the veterinarian prescribed, administered, or dispensed for racing animals registered at the current race meeting as provided in Iowa Code section 99D.25(10). Reports shall be submitted in a manner and at a time determined by the commission veterinarian not later than noon the day following the treatments being reported. Reports shall include the racing animal, trainer, medication or other substance, dosage or quantity, route of administration, date and time administered, dispensed, or prescribed.

ITEM 13. Amend rule 491—11.1(99F) by adding the following new definitions in alphabetical order:

“Government sponsored enterprise debt instrument” means a negotiable, senior, noncallable debt obligation issued by an agency of the United States or an entity sponsored by an agency of the United States that on the date of funding possesses an issuer credit rating equivalent to the highest investment grade rating given by Standard & Poor’s or Moody’s Investment Services.

“Qualified investment” means an Iowa state issued debt instrument, a United States Treasury debt instrument or a government sponsored enterprise debt obligation.

Item 14. Amend subrule 11.12(8), paragraph “n,” subparagraphs (3), (4), (6) and (7), as follows:

(3) The moneys in the trust fund shall consist of the sum of funds invoiced to the facilities and received by the trust from the facilities with respect to each particular system, which invoices shall be based on a designated percentage of the handle generated by all machines linked to the particular system; any income earned by the trust; and sums borrowed by the trust and any other property received by the trust. Prior to the payment of any other expenses, the trust funds shall be used to purchase Iowa state-issued debt instruments or United States Treasury debt instruments a qualified investment in sufficient amounts to ensure that the trust will have adequate moneys available in each year to make all system jackpot payments which are required under the terms of the multilink.

(4) A reserve shall be established and maintained within the trust fund sufficient to purchase any United States Treasury or Iowa state debt instruments qualified investment required as system jackpots are won (systems reserves). For purposes of this rule, the system reserves shall mean an amount equal to the sum of the present value of the aggregate remaining balances owed on all jackpots previously won by patrons on the multilink; the present value of the amount currently reflected on the system jackpot meters of the multilink; and the present value of one additional reset (start amount) on such systems.

(6) For system jackpots disbursed in periodic payments, any United States Treasury or Iowa state debt instrumentsqualified investment shall be purchased within 90 days following notice of the win of the system jackpot, and a copy of such debt instruments qualified investment will be provided

to the commission office within 30 days of purchase. Any United States Treasury or Iowa-state debt instrument qualified investment shall have a surrender value at maturity, excluding any interest paid before the maturity date, equal to or greater than the value of the corresponding periodic jackpot payment, and shall have a maturity date prior to the date the periodic jackpot payment is required to be made.

(7) The trustee(s) shall not be permitted to sell, trade, or otherwise dispose of any United States Treasury or Iowa state debt instruments qualified investments prior to maturity unless approval to do so is first obtained from the commission.

Item 15. Amend subrule 11.12(8), paragraph “o,” as follows:

o. For system jackpots disbursed in periodic payments, subsequent to the date of the win, a winner may be offered the option to receive, in lieu of periodic payments, a discounted single cash payment in the form of a “qualified prize option,” as that term is defined in Section 451(h) of the Internal Revenue Code. The trust administrator shall calculate the single cash payment based on the discount rate. “Discount rate” means either the current prime rate as published in the Wall Street Journal or a blended rate computed by obtaining quotes for the purchase of U.S. Government Treasury Securi- ties qualified investments at least three times per month. The discount rate selected by the trust administrator shall be used to calculate the single cash payment for all qualified prizes that occur subsequent to the date of the selected discount rate, until a new discount rate becomes effective.

REVENUE AND FINANCE DEPARTMENT

Notice of Electric and Natural Gas Delivery Tax Rates and Municipal Electric and Natural Gas Transfer

Replacement Tax Rates for Each Competitive Service Area

Pursuant to the authority of Iowa Code sections 437A.4 and 437A.5, the Director of Revenue and Finance hereby gives notice of the electric delivery tax rate, the municipal electric transfer replacement tax rate, the natural gas delivery tax rate, and the municipal natural gas transfer replacement tax rate for each competitive service area in the state. These rates will be used in conjunction with the number of kilowatt hours of electricity and the number of therms of natural gas delivered to consumers in calendar year 2002 by each taxpayer to determine the tax due for each taxpayer in the 2003-2004 fiscal year.

2002 MUNICIPAL NATURAL GAS TRANSFER REPLACEMENT TAX RATES

CO.# COMPANY

REPLACEMENT TAX

RATE5340 Wayland Municipal Gas 0.000000005349 Winfield Municipal Gas 0.000000005275 Lamoni Municipal Gas 0.003731375281 Manilla Municipal Gas 0.014428985283 Manning Municipal Gas 0.025522805306 Osage Municipal Gas 0.007630925241 Coming Municipal Gas 0.00000000


REVENUE AND FINANCE DEPARTMENT(cont’d)

5238 Coon Rapids Municipal Gas 0.00176636 3211 Bancroft Municipal Utilities 0.005424105344 West Bend Municipal Gas 0.03137295 3213 Bellevue Municipal Utilities 0.000000005317 Rock Rapids Municipal Gas 0.00931960 3229 Bloomfield Municipal Electric Utility 0.013074045215 Brighton Gas 0.00000000 3075 Breda Municipal Electric System 0.000000005021 Bedford Municipal Gas 0.09085826 3076 Brooklyn Municipal Utilities 0.000000005022 City of Bloomfield 0.03440732 3216 Buffalo Municipal Electric System 0.000000005023 Brooklyn Municipal Gas 0.00000000 3217 Burt Municipal Electric Utility 0.002244695024 Cascade Municipal Gas 0.00000000 3077 Callendar Electric 0.000000005025 Cedar Falls Municipal Gas 0.01187079 3078 Carlisle Municipal Utilities 0.000442545026 City of Clearfield 0.00000000 3079 Cascade Municipal Utilities 0.000000005027 Emmetsburg Municipal Gas 0.04602276 3221 Cedar Falls Mun. Electric Utility 0.003438095028 City of Everly 0.00000000 3068 City of Afton 0.004454955029 City of Fairbank 0.00000000 3072 City of Aplington 0.010336805030 Gilmore City Municipal Gas 0.35788339 3082 City of Dike 0.017142355031 Graettinger Municipal Gas 0.10672211 3088 City of Estherville 0.012266805032 Guthrie Center Municipal Gas 0.00000000 3089 City of Fairbank 0.003492705033 Harlan Municipal Gas 0.00681127 3090 City of Farnhamville 0.000000005034 Hartley Municipal Gas 0.00128892 3230 City of Fredericksburg 0.006658385035 Hawarden Municipal Gas 0.13704412 3106 City of Larchwood 0.000000005036 Lake Park Municipal Gas 0.00427026 3107 City of Lawler 0.006905655037 Lenox Municipal Gas 0.02362778 3108 City of Lehigh 0.003710015038 Lineville City Natural Gas 0.00000000 3113 City of Marathon 0.003802015039 Lorimor Municipal Gas 0.00996886 3311 City of Pella 0.003108985040 Montezuma Natural Gas 0.00000000 3125 City of Renwick 0.000000005041 Morning Sun Municipal Gas 0.00000000 3129 City of Sergeant Bluff 0.000000005042 Moulton Municipal Gas 0.09391384 3139 City of Westfield 0.013662515043 Prescott Municipal Gas 0.00000000 3143 City of Woolstock 0.000000005044 Preston Municipal Gas 0.28569879 3236 Coggon Municipal Light Plant 0.000000005055 Remsen Municipal Gas 0.03225147 3237 Coon Rapids Municipal Utilities 0.002247985056 Rolfe Municipal Gas 0.00000000 3242 Corning Municipal Utilities 0.000000005057 Sabula Municipal Gas 0.00707932 3080 Corwith Municipal Utilities 0.000000005058 Sac City Municipal Gas 0.04986054 3243 Danville Municipal Electric Utility 0.000000005059 Sanborn Municipal Gas 0.02991030 3081 Dayton Light & Power 0.002204115060 Sioux Center Municipal Gas 0.01787468 3244 Denison Municipal Utilities 0.001303645061 Tipton Municipal Gas 0.00000000 3245 Denver Municipal Electric Utility 0.007995265063 Waukee Municipal Gas 0.02228872 3083 Durant Municipal Electric Plant 0.000000005064 Wellman Municipal Gas 0.01842909 3084 Dysart Municipal Utilities 0.005505595065 Whittemore Municipal Gas 0.00000000 3085 Earlville Municipal Utilities 0.000000005066 Woodbine Gas 0.03485617 3086 Eldridge Electric & Water Utility 0.000000005067 Wall Lake Municipal Gas 0.00000000 3087 Ellsworth Municipal Utilities 0.00255529

3091 Fonda Municipal Electric 0.009740623252 Fontanelle Municipal Utilities 0.00174348

2002 MUNICIPAL ELECTRIC TRANSFER 3092 Forest City Municipal Utilities 0.00201322REPLACEMENT TAX RATES 3231 Glidden Municipal Electric Utility 0.01395726

REPLACE 3093 Gowrie Municipal Utilities 0.00000000MENT TAX 3256 Graettinger Municipal Light Plant 0.00104719

CO.# COMPANY RATE 3094 Grafton Municipal Utilities 0.014789063226 Akron Municipal Utilities 0.00304358 3258 Grand Junction Municipal Utilities 0.001060183201 Algona Municipal Utilities 0.00176888 3095 Greenfield Municipal Utilities 0.002651013205 Alta Municipal Power Plant 0.00121653 3096 Grundy Center Light & Power 0.001063393069 Alta Vista Municipal Utilities 0.00000000 3232 Guttenberg Municipal Electric 0.005429863070 Alton Municipal Light & Power 0.00113527 3263 Harlan Municipal Utilities 0.002603873207 Ames Municipal Electric System 0.00224489 3097 Hartley Municipal Utilities 0.000536583071 Anita Municipal Utilities 0.00073341 3098 Hawarden Municipal Utility 0.011691453227 Anthon Municipal Electric Utility 0.00885417 3099 Hinton Municipal Electric/Water 0.001119513209 Atlantic Municipal Utilities 0.00216265 3267 Hopkinton Municipal Utilities 0.000000003073 Auburn Municipal Utility 0.01689993 3100 Hudson Municipal Utilities 0.019835983074 Aurelia Municipal Electric Utility 0.00108220 3101 Independence Light & Power 0.00201123



3271 Indianola Municipal Utilities 0.001462743102 Keosauqua Light & Power 0.000000003103 Kimballton Municipal Utilities 0.000000003104 Lake Mills Municipal Utilities 0.002351143105 Lake Park Municipal Utilities 0.001302253233 Lake View Municipal Utilities 0.008122333274 Lamoni Municipal Utilities 0.002218473276 LaPorte City Utilities 0.000737723277 Laurens Municipal Utilities 0.004484523109 Lenox Municipal Light & Power 0.000312793110 Livermore Municipal Utilities 0.005547043111 Long Grove Mun. Elec./Water 0.000000003282 Manilla Municipal Elec. Utilities 0.002315123112 Manning Municipal Electric 0.000763213284 Mapleton Municipal Utilities 0.007200253285 Maquoketa Municipal Electric 0.001536053288 McGregor Municipal Utilities 0.002430423291 Milford Municipal Utilities 0.000000003114 Montezuma Municipal Light & Power 0.001646343115 Mount Pleasant Municipal Utilities 0.000000003293 Muscatine Municipal Utilities 0.000000003116 Neola Light & Water System 0.000000003297 New Hampton Municipal Light Plant 0.001712153298 New London Municipal Utility 0.001183973304 Ogden Municipal Utilities 0.001964283234 Onawa Municipal Utilities 0.001958013117 Orange City Municipal Utilities 0.001327193118 Orient Municipal Utilities 0.000534533307 Osage Municipal Utilities 0.000868943309 Panora Municipal Electric Utility 0.005389333119 Paton Municipal Utilities 0.002295473120 Paullina Municipal Utilities 0.012363823121 Pocahontas Municipal Utilities 0.006593113122 Preston Municipal Utilities 0.041409943315 Primghar Municipal Light Plant 0.003760913123 Readlyn Municipal Utilities 0.000000003124 Remsen Municipal Utilities 0.002553093318 Rock Rapids Municipal Utilities 0.004799043126 Rockford Municipal Light Plant 0.000000003127 Sabula Municipal Utilities 0.001011103128 Sanborn Municipal Light & Plant 0.005342883130 Shelby Municipal Utilities 0.000729453131 Sibley Municipal Utilities 0.010433493321 Sioux Center Municipal Utilities 0.002143833324 Spencer Municipal Utilities 0.004243123132 Stanhope Municipal Utilities 0.017174223133 Stanton Municipal Utilities 0.000606713326 State Center Municipal Light Plant 0.000071423327 Story City Municipal Electric Utility 0.000000003134 Stratford Municipal Utilities 0.000000003135 Strawberry Point Electric Utility 0.002149553136 Stuart Municipal Utilities 0.001274073328 Sumner Municipal Light Plant 0.001187853330 Tipton Municipal Utilities 0.000000003332 Traer Municipal Utilities 0.000654243337 Villisca Municipal Power Plant 0.000000003137 Vinton Municipal Utilities 0.005515343138 Wall Lake Municipal Utilities 0.00629470

3338 Waverly Light & Power 0.004469133342 Webster City Municipal Utilities 0.001042493345 West Bend Municipal Power Plant 0.002035713346 West Liberty Municipal Electric Util. 0.000000003347 West Point Municipal Utility System 0.000000003140 Whittemore Municipal Utilities 0.000000003141 Wilton Muncipal Light & Power 0.000000003351 Winterset Municipal Utilities 0.000000003142 Woodbine Municipal Utilities 0.00045759

2002 ELECTRIC DELIVERY TAX RATESBY SERVICE AREA

DELIVERYCO.# MUNICIPAL ELECTRICS TAX RATE3226 Akron Municipal Utilities 0.000074423201 Algona Municipal Utilities 0.000277013205 Alta Municipal Power Plant 0.000097473207 Ames Municipal Electric System 0.000000973209 Atlantic Municipal Utilities 0.000248403211 Bancroft Municipal Utilities 0.001015043213 Bellevue Municipal Utilities 0.000112593228 Bigelow Municipal Electric Utility 0.002234693229 Bloomfield Municipal Electric Utility 0.000029623216 Buffalo Municipal Electric System 0.000002803221 Cedar Falls Municipal Elec. Utility 0.000341303242 Corning Municipal Utilities 0.000331303243 Danville Municipal Electric Utility 0.000003903244 Denison Municipal Utilities 0.000011093256 Graettinger Municipal Light Plant 0.000289353258 Grand Junction Municipal Utilities 0.000004843263 Harlan Municipal Utilities 0.001371853267 Hopkinton Municipal Utilities 0.000007753271 Indianola Municipal Utilities 0.000007843233 Lake View Municipal Utilities 0.000168633274 Lamoni Municipal Utilities 0.001471443276 LaPorte City Utilities 0.000009373282 Manilla Municipal Elec. Utilities 0.000105903285 Maquoketa Municipal Electric 0.000053853293 Muscatine Municipal Utilities 0.000095553297 New Hampton Municipal Light Plant 0.000117983298 New London Municipal Utility 0.000529733304 Ogden Municipal Utilities 0.000063423307 Osage Municipal Utilities 0.000050513309 Panora Municipal Electric Utility 0.000082473311 City of Pella 0.000071603318 Rock Rapids Municipal Utilities 0.000004793321 Sioux Center Municipal Utilities 0.000001033326 State Center Municipal Light Plant 0.000344393327 Story City Municipal Electric Utility 0.000112773328 Sumner Municipal Light Plant 0.000210443330 Tipton Municipal Utilities 0.001491793332 Traer Municipal Utilities 0.000531593337 Villisca Municipal Power Plant 0.000207363338 Waverly Light & Power 0.000799003342 Webster City Municipal Utilities 0.000336023345 West Bend Municipal Power Plant 0.000953653346 West Liberty Municipal Electric Util. 0.00000702



3347 West Point Municipal Utility System 0.00009796 3108 City of Lehigh 0.000000003351 Winterset Municipal Utilities 0.00147298 3109 Lenox Mun. Light & Power 0.000354743237 Coon Rapids Municipal Utilities 0.00042603 3110 Livermore Municipal Utilities 0.000000003277 Laurens Municipal Utilities 0.00034020 3111 Long Grove Mun. Elec./Water 0.000000003291 Milford Municipal Utilities 0.00016799 3112 Manning Municipal Electric 0.000272463324 Spencer Municipal Utilities 0.00010190 3113 City of Marathon 0.000000003245 Denver Municipal Electric Utility 0.00006181 3114 Montezuma Municipal Light & Power 0.000000003227 Anthon Municipal Electric Utility 0.00013586 3115 Mount Pleasant Municipal Utilities 0.000000003217 Burt Municipal Electric Utility 0.00000190 3116 Neola Light & Water System 0.000000003236 Coggon Municipal Light Plant 0.00004937 3117 Orange City Municipal Utilities 0.000000003252 Fontanelle Municipal Utilities 0.00036448 3118 Orient Municipal Utilities 0.000000003230 City of Fredericksburg 0.00000301 3119 Paton Municipal Utilities 0.000000003231 Glidden Municipal Electric Utility 0.00000212 3120 Paullina Municipal Utilities 0.000000003232 Guttenberg Municipal Electric 0.00002873 3121 Pocahontas Municipal Utilities 0.000000003284 Mapleton Municipal Utilities 0.00009903 3122 Preston Municipal Utilities 0.000000003288 McGregor Municipal Utilities 0.00000795 3123 Readlyn Municipal Utilities 0.000000003234 Onawa Municipal Utilities 0.00010932 3124 Remsen Municipal Utilities 0.000000003315 Primghar Municipal Light Plant 0.00002090 3125 City of Renwick 0.000000003323 Southern Minnesota Mun. Power 0.00000000 3126 Rockford Municipal Light Plant 0.000000003068 City of Afton 0.00000000 3127 Sabula Municipal Utilities 0.000000003069 Alta Vista Municipal Utilities 0.00000000 3128 Sanborn Municipal Light & Plant 0.000000003070 Alton Municipal Light & Power 0.00000000 3129 City of Sergeant Bluff 0.000000003071 Anita Municipal Utilities 0.00000000 3130 Shelby Municipal Utilities 0.000000003072 City of Aplington 0.00000000 3131 Sibley Municipal Utilities 0.000000003073 Auburn Municipal Utility 0.00000000 3132 Stanhope Municipal Utilities 0.000000003074 Aurelia Mun. Electric Utility 0.00010262 3360 Stanton Municipal Utilities 0.002785843075 Breda Mun. Electric System 0.00000000 3134 Stratford Municipal Utilities 0.000000003076 Brooklyn Municipal Utilities 0.00165903 3135 Strawberry Point Electric Utility 0.000000003077 Callendar Electric 0.00000000 3136 Stuart Municipal Utilities 0.001286253078 Carlisle Municipal Utilities 0.00000000 3137 Vinton Municipal Utilities 0.000000003079 Cascade Municipal Utilities 0.00139652 3138 Wall Lake Municipal Utilities 0.000000003080 Corwith Municipal Utilities 0.00000000 3139 City of Westfield 0.000000003081 Dayton Light & Power 0.00000000 3140 Whittemore Municipal Utilities 0.000000003082 City of Dike 0.00000000 3141 Wilton Muncipal Light & Power 0.000000003083 Durant Municipal Electric Plant 0.00000000 3142 Woodbine Municipal Utilities 0.000000003084 Dysart Municipal Utilities 0.00000000 3143 City of Woolstock 0.000000003085 Earlville Municipal Utilities 0.001174163087 Ellsworth Municipal Utilities 0.000000003088 City of Estherville 0.00000000 CO.# IOU’s - ELECTRIC DELIVERY3089 City of Fairbank 0.00000000 TAX RATE3090 City of Farnhamville 0.00000000 7206 Amana Society Service Co. 0.000493163091 Fonda Municipal Electric 0.00000000 7248 Eldridge Electric & Water Utilities 0.000710073092 Forest City Municipal Utilities 0.00000000 7272 Interstate Power 0.001126943093 Gowrie Municipal Utilities 0.00161035 7270 IES Utilities 0.002535303094 Grafton Municipal Utilities 0.00000000 7289 MidAmerican Energy 0.002785843095 Greenfield Municipal Utilities 0.00120372 7296 Nebraska Public Power District 0.000000003096 Grundy Center Light & Power 0.00022173 7302 Northwestern Public Service Co. 0.000000003097 Hartley Municipal Utilities 0.00000000 7305 Omaha Public Power District 0.001388043098 Hawarden Municipal Utility 0.00000000 7334 Union Electric 0.000000003099 Hinton Municipal Electric/Water 0.00010439 7354 Geneseo Municipal Utilities 0.000000003100 Hudson Municipal Utilities 0.000000003101 Independence Light & Power 0.000000003102 Keosauqua Light & Power 0.00000000 DELIVERY3103 Kimballton Municipal Utilities 0.00000000 CO.# REC’s TAX RATE3104 Lake Mills Municipal Utilities 0.00000000 4200 Southwest Iowa Service Coop 0.002891103105 Lake Park Municipal Utilities 0.00000000 4203 Allamakee Clayton Electric Coop 0.000935863106 City of Larchwood 0.00000000 4208 Atchison-Holt Electric Coop 0.000932073107 City of Lawler 0.00000000 4214 Boone Valley Electric Coop 0.00089671



4246 East-Central Iowa REC 0.00234065 5306 Osage Municipal Gas 0.000033764218 Butler County REC 0.00136469 5241 Coming Municipal Gas 0.000001034219 Calhoun County Electric Coop 0.00154802 5238 Coon Rapids Municipal Gas 0.000023774220 Cass Electric Coop 0.00004637 5344 West Bend Municipal Gas 0.000021654223 Heartland Power Coop 0.00073173 5317 Rock Rapids Municipal Gas 0.000077064224 Central Iowa Power Coop 0.00000000 5215 Brighton Gas 0.061419424225 Chariton Valley Electric Coop 0.00116694 5021 Bedford Municipal Gas 0.000000004235 Clarke Electric Coop 0.00300419 5022 City of Bloomfield 0.000000004240 Com Belt Power Coop 0.00000000 5023 Brooklyn Municipal Gas 0.000000004247 Eastern Iowa Light & Power 0.00078806 5024 Cascade Municipal Gas 0.000000004249 Farmers Electric Coop - Kalona 0.00043783 5025 Cedar Falls Municipal Gas 0.000000004250 Fanners Electric Coop - Greenfield 0.00237767 5026 City of Clearfield 0.000000004253 Franklin Rural Electric Coop 0.00086022 5027 Emmetsburg Municipal Gas 0.000000004255 Glidden Rural Electric Coop 0.00125672 5028 City of Everly 0.000000004259 Grundy County REC 0.00084631 5029 City of Fairbank 0.000000004260 Grundy Electric Cooperative 0.00055899 5030 Gilmore City Municipal Gas 0.000000004261 Guthrie County REC 0.00251284 5031 Graettinger Municipal Gas 0.000000004262 Hancock Co. REC 0.00131670 5032 Guthrie Center Municipal Gas 0.000000004265 Harrison County REC 0.00142200 5033 Harlan Municipal Gas 0.000000004266 Hawkeye Tri-County Electric Coop 0.00076862 5034 Hartley Municipal Gas 0.000000004268 Humboldt County REC 0.00099557 5035 Hawarden Municipal Gas 0.000000004279 Linn County REC 0.00189079 5036 Lake Park Municipal Gas 0.000000004280 Lyon Rural Electric Coop 0.00077166 5037 Lenox Municipal Gas 0.000000004286 Maquoketa Valley Electric Coop 0.00221262 5038 Lineville City Natural Gas 0.000000004287 Consumers Energy 0.00227178 5039 Lorimor Municipal Gas 0.000000004299 Nishnabotna Valley REC 0.00089385 5040 Montezuma Natural Gas 0.000000004336 United Electric Coop 0.00112324 5041 Morning Sun Municipal Gas 0.000000004301 Northwest Iowa Power Coop 0.00000000 5042 Moulton Municipal Gas 0.000000004300 North West Rural Electric Coop 0.00066623 5043 Prescott Municipal Gas 0.000000004308 Osceola Electric Coop 0.00047707 5044 Preston Municipal Gas 0.000000004310 Pella Cooperative Electric 0.00193672 5055 Remsen Municipal Gas 0.000000004313 Pleasant Hill Community Line 0.00029800 5056 Rolfe Municipal Gas 0.000000004316 Rideta Electric Coop 0.00300797 5057 Sabula Municipal Gas 0.000000004319 Access Energy Coop 0.00083056 5058 Sac City Municipal Gas 0.000000004320 Sac County Rural Electric Coop 0.00110413 5059 Sanborn Municipal Gas 0.000000004348 Western Iowa Power Coop 0.00101276 5060 Sioux Center Municipal Gas 0.000000004322 Southern Iowa Electric Coop 0.00152254 5061 Tipton Municipal Gas 0.000000004329 T.I.P. Rural Electric Coop 0.00224601 5063 Waukee Municipal Gas 0.000000004352 Woodbury County Rural Electric 0.00127509 5064 Wellman Municipal Gas 0.00000000

Coop 5065 Whittemore Municipal Gas 0.000000004353 Wright Co. REC 0.00057544 5066 Woodbine Gas 0.000000004251 Federated Rural Electric Association 0.000557534254 Freeborn-Mower Cooperative Ser 0.00088955

vices DELIVERY4333 Tri County Electric Coop 0.00133788 CO.# IOU’s - GAS TAX RATE4273 Iowa Lakes Electric Coop 0.00100302 5204 Allerton Gas 0.013099514290 Midland Power Cooperative 0.00199265 5272 Interstate Power 0.01922687

5270 IES Utilities 0.012615025289 MidAmerican Energy 0.01103529

2002 NATURAL GAS DELIVERY TAX RATES 5312 Peoples Natural Gas 0.00927983BY SERVICE AREA 5335 United Cities Gas 0.00640727

DELIVERYCO.# MUNICIPAL GAS TAX RATE5340 Wayland Municipal Gas 0.003077405349 Winfield Municipal Gas 0.000461575275 Lamoni Municipal Gas 0.000705595281 Manilla Municipal Gas 0.003662845283 Manning Municipal Gas 0.00020496


ARC 2201B

REVENUE AND FINANCE DEPARTMENT [701]



Pursuant to the authority of Iowa Code sections 421.17(19) and 422.68, the Department of Revenue and Finance hereby gives Notice of Intended Action to amend Chapter 19, “Sales and Use Tax on Construction Activities,” Iowa Administrative Code.

The proposed rule explains a new sales tax exemption, effective January 1,2003, which allows building contractors to buy certain building materials, supplies, and equipment free from tax if those goods will be used in the completion of construction contracts of which “designated exempt entities” are the sponsors.

The proposed amendment will not necessitate additional expenditures by political subdivisions or agencies and entities which contract with political subdivisions.

Any person who believes that the application of the discretionary provisions of this amendment would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any.

The Department has determined that this proposed amendment may have an impact on small business. The Department has considered the factors listed in Iowa Code section 17A.4A. The Department will issue a regulatory analysis as provided in Iowa Code section 17A.4A if a written request is filed by delivery or by mailing postmarked no later than January 13,2003, to the Policy Section, Compliance Division, Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306. The request may be made by the Administrative Rules Review Committee, the Administrative Rules Coordinator, at least 25 persons signing that request who each qualify as a small business or by an organization representing at least 25 such persons.

Any interested person may make written suggestions or comments on this proposed amendment on or before January 10, 2003. Such written comments should be directed to the Policy Section, Compliance Division, Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306.

Persons who wish to convey their views orally should contact the Policy Section, Compliance Division, Department of Revenue and Finance, at (515)281-8036 or at the Department of Revenue and Finance offices on the fourth floor of the Hoover State Office Building.


This amendment is intended to implement 2002 Iowa Acts, House File 2622.


Rescind rule 701—19.12(422,423) and adopt the following new rule in lieu thereof:

701—19.12(422,423) Exempt sales of building materials, supplies, and equipment to certain persons performing

construction contracts for sponsors which are designated exempt entities and the continuing right of designated exempt entities and other persons to seek refund of taxes paid by persons performing construction contracts.

19.12(1) Definitions.“Construction contract” has the same meaning as the defi

nition of that phrase set out in rule 701—19.7(422,423).“Designated exempt entity” includes only the following:

A private nonprofit educational institution in this state, nonprofit private museum in this state, tax-certifying or tax- levying body or governmental subdivision of the state, including the state board of regents, state department of human services, state department of transportation, a municipally owned solid waste facility which sells all or part of its processed waste as fuel to a municipally owned public utility, and all divisions, boards, commissions, agencies, or instrumentalities of state, federal, county, or municipal government which do not have earnings going to the benefit of an equity investor or stockholder.

“Exemption certificate” means a certificate which is complete and correct according to the requirements of this rule. A certificate which is complete and correct according to the requirements of this rule must contain, at a minimum, the following information: the name and address of the designated exempt entity; the federal identification number of the exempt entity; the name of the construction project or the project number for which exemption is requested; and a general description of that project. The certificate shall also contain the contractor’s, subcontractor’s, builder’s, or manufacturer’s name and address. The certificate must be completed, signed, dated, and issued by an authorized official of the designated exempt entity. The certificate is valid only for the stated construction project.

“Purchasing agent authorization letter” means a letter from a designated exempt entity to a contractor, subcontractor, builder or manufacturer authorizing the contractor, subcontractor, builder, or manufacturer to purchase tangible personal property consisting of building materials, supplies, or equipment free from tax for a construction project of which the designated exempt entity is the sponsor. The letter shall set out the contract date or the contract letting date and give a general description of the construction contract to which it applies. The letter shall state that it is the responsibility of the contractor, subcontractor, builder, or manufacturer to keep records identifying the property purchased exempt from tax and verifying that the property purchased was used in the contract with the exempt entity. The letter shall also state that property purchased tax-free and not used in the contract with the exempt entity is subject to tax which must be paid directly to the Iowa department of revenue and finance.

19.12(2) Exempt purchases, withdrawals from inventory, and manufacturers’ fabrication costs. This subrule and the exemptions it describes are applicable to construction contracts entered into on or after January 1, 2003.

a. Contractors, subcontractors, and builders who purchase building materials, supplies, or equipment intending to use that property in the performance of a construction contract with a designated exempt entity shall purchase the property from a retailer exempt from tax if the property is subsequently used in the performance of that contract and the contractor, subcontractor, or builder presents a purchasing agent authorization letter and an exemption certificate issued by the designated exempt entity to the retailer.

b. The withdrawal of building materials, supplies, or equipment from inventory by a contractor, subcontractor, or builder who is also a retailer is exempt from tax if the materials are withdrawn for use in construction performed for a des-


REVENUE AND FINANCE DEPARTMENT[701](cont’d)

ignated exempt entity and an exemption certificate is received from the entity.

c. The “fabricated cost” (see rule 701—16.3(422,423)) of building materials, supplies, or equipment purchased and consumed by the manufacturer of such property in the performance of a construction contract for a designated exempt entity is exempt from tax if a purchasing agent authorization letter and an exemption certificate are received from the exempt entity and presented to a retailer.

d. Sales, withdrawals, or a manufacturer’s consumption of building materials, supplies, or equipment used in the performance of a construction contract for purposes other than incorporation into real property with subsequent loss of identity as tangible personal property are not eligible for this subrule’s exemption.

19.12(3) Notification to the department. A designated exempt entity shall notify the department when any purchasing agent authorization letter and exemption certificate have been issued for a construction contract project. The notification shall, so far as practicable, describe the project and identify the contractors, subcontractors, builders, and manufacturers which will be using the letters and certificates.

19.12(4) Exemption certificates taken in good faith. A retailer who accepts an exemption certificate described in this rule has all the rights and obligations of a retailer described in 701—subrules 15.3(1) and 15.3(2).

19.12(5) Contracts with designated exempt entities, businesses in economic development areas, and rural water districts organized under Iowa Code chapter 504A—eligibility for refund in the absence of eligibility for exemption. Contractors, subcontractors, and builders who enter into written construction contracts with designated exempt entities, businesses in economic development areas, or rural water districts organized under Iowa Code chapter 504A can still be required to remit sales tax on building materials, supplies, and equipment to their suppliers or to pay a corresponding use tax. Reasons for this will vary; these reasons are not intended to be all-inclusive. In the case of a contractor, subcontractor, or builder entering into a written construction contract with a designated exempt entity, the requirement to remit or pay tax can result from failure to secure an exemption certificate or purchasing agent authorization letter. In the case of a contractor, subcontractor, or builder entering into a written construction contract with businesses in economic development areas or rural water districts organized under Iowa Code chapter 504A, the requirement to remit or pay tax can result from the fact that businesses in economic development areas or rural water districts organized under Iowa Code chapter 504A are not designated exempt entities and thus not eligible to claim their exemption.

Even if no right to claim the designated exempt entity exemption exists, under the provisions of Iowa Code section 422.45(7) or 15.331A(1), a contractor is still required to provide a designated exempt entity which has not properly claimed its exemption, business or supporting business in an economic development area, or a rural water district organized under Iowa Code chapter 504A with a statement before final settlement of the contract, showing the amount of sales of goods, wares or merchandise or services rendered, furnished or performed and used in the performance of the contract, and the amount of sales and use taxes paid on these items. The department provides Form 35-002 for this purpose. If final settlement occurred before May 20, 1999, the governmental unit, private nonprofit educational institution, nonprofit private museum, business or supporting business, or rural water district organized under chapter 504A has six months after the final settlement to file a claim for refund on

Form 35-003 for sales and use taxes paid by the contractor. If final settlement occurs on or after May 20,1999, a period of one year after the date of final settlement is allowed for filing a claim for refund. The failure of a contractor to remit taxes on materials, supplies, and equipment used in the performance of a construction contract does not relieve the contractor of liability even though the refund was not or cannot be claimed. See Dealers Warehouse Co. Inc. v. Department of Revenue, Jasper County District Court, 90-3910936, December 6,1978.

If a construction contract is a contract which includes machinery or equipment with installation (see rule 701— 19.8(422,423)) or a mixed contract (see rule 701— 19.9(422,423)), the machinery and equipment must be purchased tax-free because the machinery and equipment will be resold to the contract sponsor. There will be no sales tax charged on resales of machinery and equipment to sponsors which are designated exempt entities, businesses in economic development areas, or rural water districts organized under Iowa Code chapter 504A since these sales are exempt under Iowa Code sections 422.45(5) and 422.45(8). See also 261— subrule 58.4(7) for an explanation of the exemption for sales of machinery and equipment to businesses or supporting businesses in an economic development area.

This rule is intended to implement Iowa Code sections 357A.15 and 422.45 and sections 422.42 and 422.47 as amended by 2002 Iowa Acts, House File 2622.

ARC 2200BREVENUE AND FINANCE

DEPARTMENT[701]Notice of Intended Action



Pursuant to the authority of Iowa Code sections 421.17(19) and 422.68, the Department of Revenue and Finance hereby gives Notice of Intended Action to amend Chapter 42, “Adjustments to Computed Tax,” Chapter 52, “Filing Returns, Payment of Tax and Penalty and Interest,” and Chapter 58, “Filing Returns, Payment of Tax, Penalty and Interest, and Allocation of Tax Revenues,” Iowa Administrative Code.

These amendments are proposed to implement 2002 Iowa Acts, House File 2586.

Item 1 adopts new subrule 42.18(2), which provides for an investment tax credit for equity investments made in a venture capital fund. This investment credit is a new individual income tax credit available to individuals who make investments in venture capital funds that have been approved by the Iowa Capital Investment Board.

Item 2 updates an implementation clause.Item 3 adopts new subrule 52.21(2), which provides for an

investment tax credit for equity investments made in a venture capital fund for corporation income tax purposes. Sub- rule 52.21(2) is similar to the subrule in Item 1.

Item 4 updates an implementation clause.Item 5 adopts new subrule 58.11(2), which provides for an

investment tax credit for equity investments made in a ven-


REVENUE AND FINANCE DEPARTMENT[701](cont’d)

ture capital fund for franchise tax purposes. Subrule 58.11(2) is similar to the subrule in Item 1.

Item 6 updates an implementation clause.For a discussion of the investment tax credit for an equity

investment in a venture capital fund, along with the issuance of tax credit certificates by the Iowa Capital Investment Board, see proposed rule 123—3.1(15E) published under Notice of Intended Action as ARC 2199B herein.

The proposed amendments will not necessitate additional expenditures by political subdivisions or agencies and entities which contract with political subdivisions.

Any person who believes that the application of the discretionary provisions of these amendments would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any.

The Department has determined that these proposed amendments may have an impact on small business. The Department has considered the factors listed in Iowa Code section 17A.4A. The Department will issue a regulatory analysis as provided in Iowa Code section 17A.4A if a written request is filed by delivery or by mailing postmarked no later than January 13,2003, to the Policy Section, Compliance Division, Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306. The request may be made by the Administrative Rules Review Committee, the Administrative Rules Coordinator, at least 25 persons signing that request who each qualify as a small business or by an organization representing at least 25 such persons.

Any interested person may make written suggestions or comments on these proposed amendments on or before January 10, 2003. Such written comments should be directed to the Policy Section, Compliance Division, Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306.

Persons who wish to convey their views orally should contact the Policy Section, Compliance Division, Department of Revenue and Finance, at (515)281-8036 or at the Department of Revenue and Finance offices on the fourth floor of the Hoover State Office Building.


These amendments are intended to implement Iowa Code chapters 15E and 422 as amended by 2002 Iowa Acts, House File 2586.


Item 1. Adopt new subrule 42.18(2) as follows:42.18(2) Investment tax credit for an equity investment in

a venture capital fund. See rule 123—3.1(15E) for the discussion of the investment tax credit for an equity investment in a venture capital fund, along with the issuance of tax credit certificates by the Iowa capital investment board.

The department of revenue and finance will be notified by the Iowa capital investment board when the tax credit certificates are issued. The tax credit certificate must be attached to the taxpayer’s return for the tax year in which the credit may be redeemed as stated on the tax credit certificate.

Any credit in excess of the tax liability for the tax year may be credited to the tax liability for the following five years or until used, whichever is the earlier.

For equity investments made in a venture capital fund, an individual may claim the credit if the investment was made by a partnership, S corporation, limited liability company, or an estate or trust electing to have the income directly taxed to the individual. The amount claimed by an individual must be based on the individual’s pro-rata share of the individual’s

earnings of the partnership, S corporation, limited liability company, or estate or trust.

Item 2. Amend rule 701—42.18(15E,422), implementation clause, as follows:

This rule is intended to implement Iowa Code chapters 15E and 422 as amended by 2002 Iowa Acts, House File 2271, sections3 and 7, and 2002 Iowa Acts, House File 2586, sections 1 and 2.

ITEM 3. Adopt new subrule 52.21(2) as follows:52.21(2) Investment tax credit for an equity investment in




For equity investments made in a venture capital fund, an individual may claim the credit if the investment was made by a partnership, S corporation, limited liability company, or an estate or trust electing to have the income directly taxed to the individual. The amount claimed by an individual must be based on the individual’s pro-rata share of the individual’s earnings of the partnership, S corporation, limited liability company, or estate or trust.


This rule is intended to implement Iowa Code chapters 15E and 422 as amended by 2002 Iowa Acts, House File 2271, sections 3 and 7, and 2002 Iowa Acts, House File 2586, sections 1 and 3.

Item 5. Adopt new subrule 58.11(2) as follows:58.11(2) Investment tax credit for an equity investment in




For equity investments made in a venture capital fund, an individual may claim the credit if the investment was made by a partnership, S corporation, limited liability company, or an estate or trust electing to have the income directly taxed to the individual. The amount claimed by an individual must be based on the individual’s pro-rata share of the individual’s earnings of the partnership, S corporation, limited liability company, or estate or trust.


This rule is intended to implement Iowa Code chapters 15E and 422 as amended by 2002 Iowa Acts, House File 2271, sections 3 and 7, and 2002 Iowa Acts, House File 2586, sections 1 and 4.


ARC 2173B

UTILITIES DIVISION[199]Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation bereon as provided in Iowa Code section 17A.4(1)“£.”

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) ata regular or special meeting where the public or interested persons may be heard.

Pursuant to Iowa Code sections 17A.4 and 476.1, and Iowa Code sections 476.1A and 476.IB and chapter 478 as amended by 2001 Iowa Acts, First Extraordinary Session, chapter 4, the Utilities Board (Board) gives notice that on November 22,2002, the Board issued an order in Docket No. RMU-02-11, In re: Electric Franchise and Related Rules. The Board is proposing revisions to 199IAC11 and 25 in response to Governor Vilsack’s Executive Orders 8 and 9 and 2002 Iowa Acts, House File 2341. House File 2341 amended Iowa Code section 478.13 to provide that electric line franchise extension applications are to be less extensive than original applications and proceedings. Prior to passage of the amendment, Iowa Code chapter 478 did not differentiate between original franchise and franchise extension proceedings.

The Board will not detail here the reasons for proposing the rules because those reasons have been delineated in a memorandum dated October 24, 2002, entitled “Proposed Amendments to Electric Franchise and Related Rules in 199 IAC 11 and 25.” The Board approved the recommendations made in the memorandum. The memorandum is available at the Board’s Web site, http://www.state.ia.us/iub. This memorandum is also available in hard copy for review or purchase at the Board’s Records Center, 350 Maple Street, Des Moines, Iowa 50319-0069; telephone (515)281-6240.

Pursuant to Iowa Code sections 17A.4(l)“a” and “b,” any interested person may file a written statement of position pertaining to the proposed amendments. The statement must be filed on or before December 31, 2002, by filing an original and ten copies in a form substantially complying with 199 IAC 2.2(2). All written statements should clearly state the author’s name and address and should make specific reference to this docket. All communications should be directed to the Executive Secretary, Utilities Board, 350 Maple Street, Des Moines, Iowa 50319-0069.

A public hearing to receive comments on the proposed amendments will be held at 10 a.m. on February 14,2003, in the Board’s hearing room at the address listed above. The Board does not find it necessary to propose a separate waiver provision in this rule making. The Board’s general waiver provision in 199 IAC 1.3(17A,474,476,78GA,HF2206) is applicable to these rules.

These amendments are intended to implement Iowa Code section 476.1 and sections 476.1A and 476.IB and chapter 478 as amended by 2001 Iowa Acts, First Extraordinary Session, chapter 4.


ITEM 1. Rescind rule 199—11.1(478) and adopt the following new rule in lieu thereof:

199—11.1(478) General information.11.1(1) Authority. The standards pertaining to electric

transmission lines in this chapter are prescribed by the Iowa utilities board pursuant to Iowa Code sections 478.19 and

478.20. This chapter shall apply to any individual, company, corporation, or city engaged in the construction, operation, and maintenance of electric transmission lines to the extent provided in Iowa Code chapter 478.

11.1(2) Purpose. The purpose of this chapter is to establish standards for electric franchise proceedings before the Iowa utilities board.

11.1(3) Iowa electrical safety code. Overhead and underground electric supply line minimum requirements to be applied in installation, operation, and maintenance are found in 199—Chapter 25, Iowa electrical safety code.

11.1(4) Date of filing. A petition for franchise shall be considered filed with the board on the date of the United States Postal Service postmark if the filing is made by mail, or on the date received at the board’s records center if the filing is made in person or sent other than by United States mail.

11.1(5) Franchise—when required. An electric franchise shall be required for the construction, operation, and maintenance of any electric line which is capable of operating at 69,000 volts or more outside of cities, except that a franchise is not required for electric lines located entirely within the boundaries of property owned by an electric company or an end user.

11.1(6) Definitions. For the administration and interpretation of this chapter, the following words and terms, when used in these rules, shall have the meaning indicated below:

“Board” means the utilities board within the utilities division of the department of commerce.

“Capable of operating” shall mean the standard voltage rating at which the line, wire, or cable can be operated consistent with the level of the insulators and the conductors used in construction of the line, wire, or cable based on manufacturer’s specifications, industry practice, and applicable industry standards.

11.1(7) Route selection. The planning for a route that is the subject of a petition for franchise must begin with roads, railroad rights-of-way, or division lines of land consistent with the provisions of Iowa Code section 478.18. When a route near and parallel to these features has points where electric line construction is not practicable and reasonable, deviations may be proposed at those points, when accompanied by a proper evidentiary showing, generally of engineering reasons, that the initial route or routes examined did not meet the practicable and reasonable standard. Although deviations based on landowner preference or minimizing interference with land use may be permissible, the petitioner must be able to demonstrate that route planning began with a route or routes near and parallel to roads, railroad rights-of- way, or division lines of land.

Item 2. Amend rule 199—11.2(478), introductory paragraph, as follows:199—11.2(478) Form Forms of petition for franchise, extension, or amendment of franchise. Petition for a new or amended franchise action-by filed with the board shall be made in the following manner. Exhibits in addition to those required by this rule may be attached when appropriate.

Item 3. Amend paragraph 11.2(3)“e” as follows:e. The name and boundaries of any public lands or parks,

recreational areas, preserves or wildlife refuges. This information-need only be- provided with petitions proposing construction of a new electric line or- relocation of an existingelectric -liner

Item 4. Amend paragraph 11.2(3)“f” as follows:


UTILITIES DIVISION[199](cont’d)

f. All electric supply lines, including petitioner’s, within six-tenths of a mile of the route, including the nominal voltage, whether overhead or buried, and the name and address of the owners. Any lines to be removed or relocated shall be designated.

Item 5. Amend subrule 11.2(5) by adding new paragraph “e” as follows:

e. If a new franchise must be sought for an existing electric line, historical information as specified in 11.2(9)“e”(l) to (4).

Item 6. Amend subrule 11.2(7) as follows:11.2(7) Exhibit F. The showing of notice to potentially

affect affected parties as required by 199 IAC 11.5(4).Item 7. Adopt the following new subrule:11.2(9) Form of petition for extension of franchise. Peti

tion for an extension of franchise action by the board shall be made in the following manner. Exhibits in addition to those required by this rule may be attached when appropriate.

a. Petition. Petition shall be made on forms prescribed by the board, shall be notarized, and shall have attached all required exhibits.

b. Exhibit A. A legal description of the route. The description shall include the name of the county, the maximum and nominal voltages, the beginning and ending points of the line, and whether the route is on public, private, or railroad right-of-way. The description shall identify any termini located in other counties.

c. Exhibit B. A map showing the route of the line drawn with reasonable accuracy considering the scale. Two copies shall be submitted. The map may be to any scale appropriate for the level of detail to be shown, but not smaller than one inch to the mile. The following minimum information shall be provided:

(1) The route of the electric line which is the subject of the petition, including starting and end points and, when paralleling a road or railroad, which side it is on. Line sections with double circuit construction or underbuild shall be designated.

(2) The name of the county, county and section lines, section numbers, and the township and range numbers.

(3) The location and identity of roads, railroads, major streams and bodies of water, and any other significant natural or man-made features or landmarks.

(4) The names and corporate limits of cities.(5) All electric supply lines, including petitioner’s, within

six-tenths of a mile of the route, including the nominal voltage, whether overhead or buried, and the names of the owners.

d. Exhibit C. Technical information and engineering specifications describing typical materials, equipment, and assembly methods as specified on forms provided by the board.

e. Exhibit D. The exhibit shall consist of a written text containing the following:

(1) A listing of all existing franchises for which extension in whole or in part is sought, including the docket number, franchise number, date of issue, county of location, and to whom granted.

(2) A listing of all amendments to the franchises listed in “a,” including the docket number, amendment number, date of issue, and the purpose of the amendment.

(3) A description of any substantial rebuilds, reconstructions, alterations, relocations, or changes in operation not included in a prior franchise or amendment action.

(4) A description of any changes in ownership or operating and maintenance responsibility.

(5) An allegation, with supporting testimony, that the line is necessary to serve a public use and represents a reasonable relationship to an overall plan of transmitting electricity in the public interest.

(6) Any other information or explanations in support of the petition.

ITEM 8. Amend paragraph 11.3(2)“a” as follows:a. A petition for franchise shall be filed with the board

for the construction of any electric line outside of a city which is capable of operating at a nominal voltage of 69 kilovolts or more, except that a franchise is not required for electric lines located entirely within the boundaries of property owned by an electric company or an end user.

ITEM 9. Amend paragraph 11.5(2)“a” as follows:a. Whenever a petition for a franchise, extension of fran

chise, or amendment of franchise is filed with the board, the board shall prepare a notice addressed to the citizens of each county through which the line or lines extend. The petitioner shall cause this notice to be published in a newspaper located in each county for two consecutive weeks. Proof of publication and proof of payment of publication costs shall be filed with the board. This published notice shall constitute sufficient notice to all parties of the proceeding, except owners of record and parties in possession of land to be crossed for which voluntary easements have not been obtained at the time of the first publication of the notice.

Item 10. Amend subrule 11.5(4) as follows:11.5(4) Notice to other parties. Petitioners for a franchise*

extension of franchise, or amendment to franchise shall give written notice by ordinary mail, mailed at the time the petition is filed with the board, accompanied by a map showing the route of the proposed electric supply line, to the affected parties described in 11.2(3)^^ “f” through ^ “k” and the Iowa department of transportation. One copy of each letter of notification or one copy of the letter accompanied by a written statement listing all parties to which it was mailed, and the date of mailing, and a copy of the map sent with the letters shall accompany the petition when it is filed with the board.

Item 11. Amend subrule 11.5(5) by adding new paragraph “c” as follows:

c. If the facilities authorized by a franchise are not constructed in whole or in part within two years of the date the franchise is granted, or within two years after final unappealable disposition of judicial review of a franchise order or of condemnation proceedings, the franchise shall be forfeited unless the franchise holder petitions the board for an extension of time pursuant to Iowa Code section 478.21.

Item 12. Rescind and reserve subrule 11.5(6).

ITEM 13. Amend subrule 11.6(1) as follows:11.6(1) Common use construction. Whenever an over

head electric line capable of operating at 34d 69 kilovolts or more is built or rebuilt on public road rights-of-way located outside of cities, all parallel overhead electric supply circuits on the same road right-of-way shall be attached to the same or common line of structures unless the board authorizes, for good cause shown, the construction of separate pole lines.



Item 14. Rescind and reserve subrule 11.6(2).

Item 15. Adopt the following new rule:

199—11.8(478) Fees and expenses. The petitioner shall pay the actual unrecovered cost incurred by the board attributable to the processing, investigation, and inspection related to a petition requesting an electric franchise.

Item 16. Rescind rule 199—25.1(476,476A,478) and adopt the following new rule in lieu thereof:

199—25.1(476,476A,478) General information.25.1(1) Authority. The standards relating to electric and

communication facilities in this chapter are prescribed by the Iowa utilities board pursuant to Iowa Code sections 476.1, 476.2, 476A.12, 478.19, and 478.20.

25.1(2) Purpose. The purpose of this chapter is 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. The rules apply to electric and communication utility facilities located in the state of Iowa and shall supersede all conflicting rules of any such utility. This rule shall in no way relieve any utility from any of its duties under the laws of this state.

Item 17. Amend subrules 25.2(2) and 25.2(3) as follows:

25.2(2) Modifications and qualifications to ANSI C2. The standards set forth in ANSI C2 are modified or qualified as follows:

a. Introduction to the National Electrical Safety Code.(1) The following paragraph is added to NESC Oil re

places NESC 011B: “The National Electrical Safety Code (NESC) covers utility facilities and functions from the point of generation by the utility, or delivery from another entity, of electricity or communications signals through the utility system to the point of delivery to a customer’s facilities.”

(2) NESC 013A2 is modified to read as follows: “Types of construction and methods of installation other than those specified in the rules may be used experimentally to obtain information, if done where: qualified supervision is-provided and prior approval is obtained from the board.

1. Qualified supervision is provided,2. Equivalent safety is provided,3. On joint-use facilities, all affected parties agree, and4. Prior approval is obtained from the Iowa utilities

board.”b. Minimum clearances.(1) In any instance where minimum clearances are pro

vided in Iowa Code chapter 478 which are greater than otherwise required by these rules, the statutory clearances shall prevail.

(2) The following clearances shall apply to all lines regardless of date of construction: NESC 232, vertical clearances for “Water areas not suitable for sailboating or where sailboating is prohibited,” “Water areas suitable for sailboating. . .,” and “Public-or-private land and water areas posted for rigging and launching sailboats Established boat ramps and associated rigging areasand NESC 234E, “Clearance of Wires, Conductors, or Cables or Unguarded Rigid Live Parts Installed Over or Near Swimming Areas With No Wind Displacement.”

(3) Table 232-1, Footnote 4-9 21, is changed to read: “Where the U.S. Army Corps of Engineers or the state, or a surrogate thereof, issues a crossing permit, the clearances of

that permit shall govern if equal to or greater than those required herein. Where the permit clearances are less than those required herein and water surface use restrictions on vessel heights are enforced, the permit clearances may be used.”

(4) Except for clearances near grain bins, for measurements made under field conditions, the board will consider compliance with the overhead vertical line clearance requirements of Subsection 232 and Table 232-1 of the 1987 NESC indicative of compliance with the 1997 1990 through 2002 editions of the NESC. (For an explanation of the differences between 1987 and subsequent code edition clearances, see Appendix A of the 199-7 1990 through 2002 editions of the NESC.)

c. Reserved.d. Rule 264E.1 is changed to read:

“The ground end of anchor guys exposed to pedestrian or vehicle traffic shall be provided with a substantial marker not less than eight feet long. The guy marker shall be of a conspicuous color such as yellow, orange, or red. Green, white, gray or galvanized steel colors are not reliably conspicuous against plant growth, snow, or other surroundings. Noncomplying guy markers shall be replaced as part of the utility’s inspection and maintenance plan.”

e. There is added to Rule 381G:(3) Pad-mounted and other aboveground equipment not

located within a fenced or otherwise protected area shall have affixed to its outside access door or cover a prominent “Caution Warning ” or other appropriate warning sign of highly visible color, warning of hazardous voltage and including the name of the utility. These signs shall-be in place on or before December 31,1992. This rule shall apply to all signs placed or replaced after (insert effective date of revised rule).

f. There is added to the first paragraph of Rule 110.A. 1, after the sentence stating, “Entrances not under observation of an authorized attendant shall be kept locked,” the following sentence:

Entrances may be unlocked while authorized personnel are inside. However, if unlocked, the entrance gate must be fully closed and must also be latched or fastened if there is a gate-latching mechanism.

25.2(3) Grain bins.a. Utilities Electric utilities shall conduct annual public

information campaigns to inform farmers, farm lenders, grain bin merchants, and city and county zoning officials of the hazards of and standards for construction of grain bins near power lines.

b. An electric utility may refuse to provide electric service to any grain bin built near an existing electric line which does not provide the clearances required by The American National Standards Institute (ANSI)C2-4997 2002 “National Electrical Safety Code,” Rule 234F. This paragraph “b” shall apply only to grain bins loaded by portable augers, conveyors or elevators and built after September 9, 1992, or to grain bins loaded by permanently installed augers, conveyors, or elevator systems installed after December 24,1997.

Item 18. Rescind subrule 25.2(4) and adopt the following new subrule in lieu thereof:

25.2(4) Joint-use construction. Where it is mutually agreeable between the electric supply company and the communication or cable television company, communication circuits or cables may be buried in the same trench or attached to the same supporting structure, provided this joint use is permitted by and is constructed in compliance with the Iowa electrical safety code.



Item 19. Amend the first sentence of rule 199— 25.5(476,478) as follows:199—25.5(476,478) Accident reports. A An electric utility shall file with the board a written report on any accident to an employee or other person involving contact with its energized

electrical supply facilities which results in a fatality, admission to a hospital, $10,000 in damages to the property of the utility and others, or any other accident considered significant by the utility.

IAB 12/11/02 FILED EMERGENCY 889

ARC 2202BEDUCATION DEPARTMENT[281]

Adopted and Filed Emergency

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby amends Chapter 1, “Organization and Operation,” Iowa Administrative Code.

The purpose of these amendments is to give public secondary students in Iowa a voice, although not a vote, on the State Board of Education, and to give voting Board members the benefit of the thoughts and experiences of the secondary student. The entire education community should benefit from these amendments.

These amendments implement 2002 Iowa Acts, House File 2515. No waiver provision is included because the State Board of Education has adopted agencywide waiver rules.

Pursuant to Iowa Code section 17A.4(2), the Department finds that notice and public participation are impracticable because of the limitations of time. Specifically, for an interested student to submit an application packet by the deadline of February 1, 2003, it is necessary to get the application forms distributed to all Iowa public high schools as soon as possible. The student member of the State Board of Education is to commence serving his or her term on May 1,2003. The selection process involves an initial screening committee, a semifinalist selection committee, and the office of the Governor, which is why the application deadline cannot extend beyond February 1.

Pursuant to Iowa Code section 17A.5(2)“b”(2), the Department finds that the normal effective date of the amendments should be waived and these amendments be made effective upon filing on November 21, 2002, as they confer a benefit upon the eligible student population.

These amendments are also published herein under Notice of Intended Action as ARC 2176B to allow public comment.

These amendments are intended to implement Iowa Code chapter 17A and chapter 256 as amended by 2002 Iowa Acts, House File 2515, sections 1 through 3.

These amendments became effective November 21,2002.The following amendments are adopted.

Item 1. Amend rule 281—1.1(17A) as follows:

281—1.1(17A,256) State board of education. The state board of education, authorized by Iowa Code chapter 256, is the governing and policy-forming body for the department of education.

1.1(1) Membership. The board consists of 9 nine lay voting members appointed by the governor, with approval of two-thirds of the members of the senate, with not more than 5 five members from the same political party, and not more than 5 five members of the same gender. Effective May 1, 2003, the board shall also consist of one nonvoting student member as outlined in rule 281—1.2(17A,256). The nonvoting student member shall be appointed without regard to political affiliation. The nonvoting student member shall not be considered for purposes of constituting the necessary quorum.

1.1(2) Officers. The board shall elect from its voting members a president and a vice president, each to serve a term of two years.

1.1(23) Terms. The voting members of the board are appointed for six-year terms, from May 1 to April 30, with the terms of three members expiring every two years. There is no statutory limitation to the number of terms a voting mem

ber may serve. The nonvoting student member shall serve a one-year term, from May 1 to April 30, as described in subrule 1.2(1).

1.1(34) Meetings. The board is required to hold no fewer than six meetings each year, but by practice the board-meets each month. The majority of the meetings are held in the state board room at the department of education in Des Moines, which is located on the second floor of the Grimes State Office Building on the corner of East 14th Street and Grand Avenue, but by specific notice By notice of the regularly published meeting agenda, the board holds may hold meetings in other areas of the state.

1.1(5) Compensation. All voting board members and the nonvoting student member are entitled to receive their necessary expenses while engaged in official duties. In addition, they shall be paid a per diem at the rate specified in Iowa Code section 7E. 6. If the student member’s parent or guardian provides supervision pursuant to subrule 1.2(4), the parent or guardian shall receive necessary expenses but not the per diem. Per diem and expense payments shall be made from appropriations to the department of education.

1.1 (-4- 6) Additional board functions. In addition to its functions as the state board of education, the board constitutes:

a. The state board for vocational education, Iowa Code chapter 258 section 256.7(2).

b. The state board for vocational rehabilitation, Iowa Code chapter section 259.3.

c. The state board for community colleges, Iowa Code section 260C.22A 3.

1.1(5 7) Advisory groups. The following advisory groups have been established by statute to provide advice to the state board in the indicated areas:

a. Nonpublic schools advisory committee, Iowa Code section 256.15, to advise the board on matters affecting nonpublic schools.

&—Vocational education advisory council, Iowa Codesection 258.7, to perform such advisory functions-as may benecessary in order for the state of Iowa to qualify-Hdr federalaids and grants to vocational education;

g b. Community college council, Iowa Code section 256.31, to assist the state board of education with substantial issues which are directly related to the community college system.

Item 2. Renumber rules 281—1.2(17A) and 281— 1.3(17A) as 281—1.3(17A,256) and 281—1.4(17A,256) and adopt new rule 281—1.2(17A,256) as follows:

281—1.2(17A,256) Student member of state board of education. The governor shall appoint a public high school student to serve as a nonvoting member of the state board of education.

1.2(1) Term. The nonvoting student member shall serve a one-year term, from May 1 to April 30. The student may apply for and serve a second term if the student will not graduate from high school prior to the end of the second term. A vacancy in the membership of the nonvoting student member shall not be filled until the expiration of the term.

1.2(2) Qualifications. At the time of making application, the nonvoting student member shall meet all of the following qualifications:

a. The student must be a full-time, regularly enrolled tenth or eleventh grade student in an Iowa school district.

b. The student must have been regularly enrolled as a full-time student in the district of present enrollment for at least two consecutive semesters or the equivalent thereof.

890 FILED EMERGENCY IAB 12/11/02


c. The student must have a minimum cumulative grade point average in high school of 3.0 on a 4.0 scale (3.75 on 5.0 scale).

d. The student must demonstrate participation in extracurricular and community activities, as well as an interest in serving on the state board.

e. The student must have the consent of the student’s parent or guardian, as well as the approval of the student’s district.

1.2(3) Application process. The application process for the nonvoting student member is as follows:

a. The department shall, on behalf of the state board, prepare and disseminate application forms to all school districts in Iowa. In addition to the application itself, the student shall submit all of the following:

(1) A consent form signed by the student’s parent or guardian.

(2) An approval of the application signed by the superintendent of the student’s district of enrollment or the superintendent’s designee.

(3) A letter of recommendation from a high school teacher from whom the student received instruction.

(4) A letter of recommendation from a person in the community familiar with the student’s community activities.

(5) A letter of recommendation from any third person.b. The number of applicants in a year from any one dis

trict is limited as follows:(1) If district enrollment for grades 10 through 12 is less

than 400 students, there may be no more than one applicant from the district.

(2) If district enrollment for grades 10 through 12 is from 400 to 1199 students, there may be no more than two applicants from the district.

(3) If district enrollment for grades 10 through 12 is 1200 students or more, there may be no more than three applicants from the district.

c. All applications shall be submitted on or before February 1 of the year in which the term is to begin. Applications may be hand-delivered or postmarked on or before February 1 to the Iowa Department of Education, Office of the Director, Grimes State Office Building, Des Moines, Iowa 50319-0146.

d. All applications shall be initially screened by a committee to be appointed by the director of the department. The initial screening committee shall select not more than 20 semifinalists. If fewer than a total of 20 applications are received, the initial screening process may be omitted, at the discretion of the director of the department.

e. The applications of the semifinalists shall be reviewed by a committee appointed by the president of the state board. The committee shall submit a list of two to five finalists to the state board for approval and submission to the governor, who shall appoint the student member from the list submitted by the state board of education.

1.2(4) Participation of student member in official board activities. Upon appointment to the board, the student member shall, at minimum, fulfill the following requirements to remain eligible to serve:

a. The student shall maintain enrollment as a full-time student in an Iowa public school district. If the student moves or transfers from the district of application, the student must obtain the approval of the superintendent or the superintendent’s designee in the student’s new district of enrollment.

b. The student shall maintain a minimum cumulative grade point average in high school of 3.0 on a 4.0 scale or 3.75 on a 5.0 scale.

c. The student shall attend regularly scheduled board meetings as required of voting board members. As a nonvoting member, the student may not participate in any closed session of the board.

d. The student member’s absences from school to participate in official state board activities shall not be shown by the student’s district as unexcused absences. The student member’s participation in board activities outside the regularly scheduled meetings of the state board shall be approved by the president of the board and the student’s superintendent or the superintendent’s designee.

e. If the student member is a minor, the student’s parent or guardian must accompany the student while the student is participating in official state board activities at a location other than the student’s resident community, unless the parent or guardian submits to the state board a signed release indicating that the parent or guardian has determined that such supervision is unnecessary.

Item 3. Rescind renumbered subrule 1.4(1) and adopt the following new subrule in lieu thereof:

1.4(1) Organization.a. Office of the director. The director is the chief admin

istrator of the department and serves as chief executive officer of the state board of education.

b. Division of community colleges and workforce preparation. The division oversees career and technical education as well as the community colleges.

c. Division of financial and information services. The division provides internal operations and information technology to the agency as well as planning, research and evaluation services.

d. Division of early childhood, elementary and secondary education. The division consists of bureaus that oversee instructional services, practitioner preparation, administration and school improvement services, and food and nutrition services.

e. Division of library and information services. The division is responsible for the state library, library development, and audio-visual services.

f. Iowa public television. This is the division of public broadcasting and related services.

g. Division of vocational rehabilitation services. This division provides disability determination services and related services for clients with disabilities.

Item 4. Amend renumbered subrule 1.4(4) as follows:1.4(4) Mailing addresses. The mailing address for the

state board of education and all divisions of the department, with the exception of the division of library services, the division of public broadcasting, and vocational rehabilitation services, is^-Grimes State Office Building, Des Moines, Iowa 50319-0146. The mailing address for the division of library services isf- East 12th and Grand Avenue, Des Moines, Iowa 50319. The mailing address for Iowa public television isr- P.O. Box 6450, Johnston, Iowa 50131. The mailing address for the vocational rehabilitation services division is4— 510 East 12th Street, Des Moines, Iowa 50319-0146.

[Filed Emergency 11/21/02, effective 11/21/02] [Published 12/11/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 12/11/02.


ARC 2203BEDUCATION DEPARTMENT[281]


Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby adopts amendments to Chapter 17, “Open Enrollment,” Iowa Administrative Code.

The purpose of these amendments is to make the rules conform to the statute, Iowa Code section 282.18, by clarifying the open enrollment application deadline and clarifying the authority of the Department in the event of a complaint lodged with the Department by one district against another district.

A waiver provision is not included. The Department has adopted a uniform waiver rule.

Pursuant to Iowa Code section 17A.4(2), the Department finds that notice and public participation are impractical due to time limitations. Specifically, the Department discovered the need to immediately clarify the rules regarding the “ending” deadline for late-filed open enrollment applications and whether the Department has authority to direct a resident district to withhold from the receiving district state foundation funds for an open-enrolled child.

Pursuant to Iowa Code section 17A.5(2)“b”(2), the Department finds that the normal effective date of these amendments should be waived and these amendments should be made effective upon filing with the Administrative Rules Coordinator on November 21, 2002. The Department finds the immediate effective date to be necessary so that the punitive step directing a resident district to withhold from the receiving district state foundation funds for an open-enrolled child may be removed from the rule immediately. In addition, these clarifications are crucial to give to districts immediately for purposes of their budgets, certified enrollments, and internal planning.

These amendments are also published under Notice of Intended Action to allow public comment and are published herein as ARC 2191B.


These amendments became effective November 21,2002.The following amendments are adopted.

Item 1. Amend rule 281—17.4(282), introductory paragraph, as follows:281—17.4(282) Filing after the January 1 deadline— good cause. A parent/guardian may apply for open enrollment after the filing deadline of January 1 of the school year preceding the school year for which open enrollment is requested and before the third Friday in September of that calendar year if good cause exists for the failure to meet the deadline. Good cause is a change in the status of the pupil’s residence or a change in the status of the pupil’s resident district taking place after January 1, or the closing or loss of accreditation of a nonpublic school of attendance after January 1 resulting in the desire of the parent/guardian to obtain open enrollment for the following school year. If good cause can be established, the parent/guardian shall be permitted to apply for open enrollment in the same manner as if the deadline had been met pursuant to rule 17.3(282).

Item 2. Amend subrule 17.4(6) as follows:17.4(6) Upon receiving a complaint from a resident dis

trict that a receiving district has been unreasonable in approving applications submitted after January 1 with good cause

for approval, the department shall review the complaint. If the department believes that the receiving district has been unreasonable in approving such applications, the department may counsel the receiving district that its approval was unreasonable or may direct that-the-receiving district not receive funding for the-affected pupil(s).



ARC 2161BHUMAN SERVICES DEPARTMENT[441]Adopted and Filed Emergency

Pursuant to the authority of Iowa Code section 249A.4 and 2002 Iowa Acts, House File 2416, section 7, the Department of Human Services hereby amends Chapter 77, “Conditions of Participation for Providers of Medical and Remedial Care,” and Chapter 78, “Amount, Duration, and Scope of Medical and Remedial Care,” Iowa Administrative Code.

These amendments make changes to the requirements for supported community living services under the Medicaid home- and community-based mental retardation and brain injury waivers. The amendments:

• Set identical standards for approval of living units under the two waivers.

• Set criteria for approving living units under an exception to policy, as required by 2002 Iowa Acts, House File 2416.

• Clarify that consumers living in licensed health care facilities or in settings required to be licensed as health care facilities under Iowa law are not eligible for waiver services.

• Remove the restrictions that no more than eight consumers shall reside in settings with a maximum of four living units and that the majority of living units in larger settings must be occupied by people who are not disabled. 2002 Iowa Acts, House File 2416, requires that the restrictions based on the number of consumers or living units in a setting be eliminated. Instead, these amendments require that all living units shall be “integrated with” units occupied by people who are not disabled.

• Remove provisions for approving conversion of five- bed living units licensed as residential care facilities for the mentally retarded to waiver facilities not required to be licensed, since this authority was rescinded by 2002 Iowa Acts, House File 2416, section 1.

Criteria for approval of an exception to the four-bed limit are:

• Justification of the need for the service to be provided in a larger living unit.

• Evidence that the geographic location of the program will not result in an overconcentration of such programs in the area, as required by Iowa Code section 135C.6, subsection 8.

• Verification from the Department of Inspections and Appeals that the program is not required to be licensed as a health care facility under Iowa Code chapter 135C. Providing supported community living services in any setting required to be licensed as a medical or health care facility would be contrary to the intent of home- and community-



based supported community living services. (NOTE: With the passage of 2002 Iowa Acts, House File 2416, the only exceptions to licensing allowed in the Code of Iowa are for four-bed residential programs and former ICFs/MR of eight beds or less that are operating under the waiver.)

These amendments provide for waivers to the limit on the size of living units under supported community living programs through the Department’s general rule at 441— 1.8(17A,217).

In compliance with Iowa Code section 17A.4(2), the Department of Human Services finds that notice and public participation are unnecessary because these amendments implement 2002 Iowa Acts, House File 2416, section 14, which authorizes the Department to adopt rules without notice and public participation.

The Department also finds, pursuant to Iowa Code section 17A.5(2)“b”(l), that the normal effective date of these amendments should be waived and these amendments made effective December 15, 2002, as authorized by 2002 Iowa Acts, House File 2416, section 14.

These amendments are also published herein under Notice of Intended Action as ARC 2152B to allow for public comment.

The Council on Human Services adopted these amendments on November 13, 2002.

These amendments are intended to implement Iowa Code section 249A.6 and 2002 Iowa Acts, House File 2416, division I.

These amendments will become effective December 15,2002.

The following amendments are adopted.

Item 1. Amend subrule 77.37(14), paragraph “e,” as follows:

Rescind subparagraph (2) and adopt the following new subparagraph in lieu thereof:

(2) The department may approve living units designed to serve more than four supported community living consumers under an exception to policy pursuant to rule 441— 1.8(17A,217), subject to the following additional requirements:

1. The provider shall provide verification from the department of inspections and appeals that the program is not required to be licensed as a health care facility under Iowa Code chapter 135C.

2. The provider shall provide justification of the need for the service to be provided in a larger living unit instead of a living unit for four persons or less.

3. The geographic location of the program shall not result in an overconcentration of supported community living programs in the area.

Item 2. Amend subrule 77.39(13) by adopting new paragraph “e” as follows:

e. Living units designed to serve more than three supported community living consumers shall be approved as follows:

(1) The department shall approve living units designed to serve four consumers if the geographic location of the program does not result in an overconcentration of such programs in the area.

(2) The department may approve living units designed to serve more than four supported community living consumers under an exception to policy pursuant to rule 441— 1.8(17A,217), subject to the following additional requirements:

1. The provider shall provide verification from the department of inspections and appeals that the program is not

required to be licensed as a health care facility under Iowa Code chapter 135C.

2. The provider shall provide justification of the need for the service to be provided in a larger living unit instead of a living unit for four persons or less.

3. The geographic location of the program shall not result in an overconcentration of supported community living programs in the area.

Item 3. Amend subrule 78.41(1) as follows:Amend paragraph “c,” subparagraph (3), as follows:(3) Consumers may not live in licensed medical or health

care facilities or in settings required to be licensed as medical or health care facilities.

Amend paragraph “d” as follows:d. Living units shall:(1) be Be located throughout the community with regard

for community norms in geographical proximity of residences; and

(2) Be integrated with living units occupied by people without disabilities. No more than-eight consumers shall reside in settings with a maximum of four living units. Larger settings require the majority of living units to be occupied-byindividuals who are not disabled.

Item 4. Amend subrule 78.43(2) as follows:Amend paragraph “c,” introductory paragraph and sub-

paragraph (3), as follows:c. Services may be provided to a child or an adult. Chil

dren must first access all other services for which they are eligible and which are appropriate to meet their needs before accessing the HCBS brain injury waiver services. A maximum of few three consumers may reside in a living unit- except when the provider meets the requirements set forth in 441— paragraph 77.39(13) “e. ”

(3) Consumers may not live in licensed medical or health care facilities or in settings required to be licensed as medical or health care facilities.

Amend paragraph “d” as follows:d. Living units shall:(1) b&Be located throughout the community at scattered

sites with regard for community norms in geographical proximity of residences; and

(2) Be integrated with living units occupied by people without disabilities. Settings larger than four units require tbe majority of living units to be occupied by individuals whoare not disabled.




ARC 2162B

HUMAN SERVICES DEPARTMENT[441]Adopted and Filed Emergency

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services hereby amends Chapter 78, “Amount, Duration, and Scope of Medical and Remedial Care,” Iowa Administrative Code.

This amendment changes the rate of Medicaid reimbursement for transportation by car to 20 cents per mile, instead of the state employee rate (currently 29 cents per mile). This reduction is estimated to save $600,000 in state funds in the remainder of state fiscal year 2003.

This amendment does not provide for waivers in specified situations because reimbursement should be equal for all recipients.

The Department finds that notice and public participation are impracticable and contrary to the public interest at this time. The Department is statutorily and constitutionally required to reduce spending obligations to the level of constitutionally authorized appropriations. Therefore, this amendment is filed pursuant to Iowa Code section 17A.4(2).

In accordance with Iowa Code section 17A.5(2)“b”(2) and (3), the Department finds that the constitutional and statutory prohibitions on deficit expenditures necessitate the immediate efficacy of this amendment. The Department finds that this December 1,2002, effective date confers a public benefit and is necessary because of the presently existing constitutional peril to the public welfare caused by spending obligations which, without immediate and effective rule amendments, do now and will continue to exceed available revenues.

This amendment is also published herein under Notice of Intended Action as ARC 2153B to allow for public comment.

The Council on Human Services adopted this amendment on November 11, 2002.

This amendment is intended to implement Iowa Code section 249A. 6.

This amendment became effective December 1, 2002.The following amendment is adopted.

Amend subrule 78.13(5) as follows:78.13(5) Transportation may be of any type and may be

provided from any source.a. When transportation is by car, the maximum payment

which may be made will be the actual charge made by the provider for transportation to and from the source of medical care, but not in excess of the-rate 20 cents per mile payable-to state employees-for official travel.

b. When public transportation is utilized, the basis of payment will be the actual charge made by the provider of transportation, not to exceed the charge that would be made by the most economical available source of public transportation.

c. In all cases where public transportation is reasonably available to or from the source of care and the recipient’s condition does not preclude its use, it must be utilized. When the

recipient’s condition precludes the use of public transportation, a statement to the effect shall be included in the case record.


EDITOR’S Note: For replacement pages for LAC, see LAC Supplement 12/11/02.

ARC 2163BHUMAN SERVICES DEPARTMENT[441]Adopted and Filed Emergency

Pursuant to the authority of Iowa Code section 249A.4 and 2001 Iowa Acts, chapter 191, section 31, the Department of Human Services amends Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” Iowa Administrative Code.

This amendment modifies the procedures for setting the state maximum allowable cost for specified drugs under the Medicaid program. The amendment:

• Removes the minimum value of the adjustment factor for determining the state maximum allowable cost.

• Provides that the Department will set the adjustment factor in consultation with the Iowa Pharmacy Association.

• Removes the requirement to set the adjustment factor at least quarterly and makes the timing subject to the Department’s discretion.

• Removes requirements for pharmacies to submit product cost and availability information to the Department and makes submission voluntary.

This amendment does not provide for waivers in specified situations because these changes confer a benefit on providers and because all drug claims should be reimbursed on the same basis.

The Department of Human Services finds that notice and public participation are unnecessary because this amendment is an outgrowth of the comments received on the Department’s Notice of Intended Action published in the Iowa Administrative Bulletin on June 26, 2002, as ARC 1763B. Since the adoption of those amendments, published on September 4, 2002, as ARC 1947B, the Department has continued discussions with the Iowa Pharmacy Association on the implementation of the state maximum allowable cost program. Also, 2001 Iowa Acts, chapter 191, section 31, subsection 14, authorizes the Department to adopt emergency rules to implement this program. Therefore, this amendment is filed pursuant to Iowa Code section 17A.4(2).

The Department finds that this amendment confers a benefit. This amendment is being adopted at the request of the Iowa Pharmacy Association to give the Association a larger role in determining the reimbursement for drugs and to ease reporting requirements. Therefore, this amendment is filed pursuant to Iowa Code section 17A.5(2)“b”(2).

This amendment is also published herein under Notice of Intended Action as ARC 2154B to allow for public comment.



The Council on Human Services adopted this amendment on November 13, 2002.

This amendment is intended to implement Iowa Code section 249A.4 and 2001 Iowa Acts, chapter 191, section 31, subsection 1.

This amendment became effective December 1, 2002.The following amendment is adopted.

Amend subrule 79.1(8) as follows:Amend paragraph “a,” subparagraph (3), as follows:(3) The state maximum allowable cost (SMAC), defined

as the average wholesale acquisition cost for a drug and all equivalent products adjusted by a multiplier of at least 1.0, as factor determined appropriate by the department, in consultation with the Medicaid Pharmacy Advisory Committee of the Iowa Pharmacy Association, plus the professional dispensing fee specified in paragraph “g.” The department shall set the multiplier on a quarterly basis, or more adjustment factor and adjust the SMAC as often as it deems necessaryrat the minimum necessary to ensure adequate product availability at minimum cost.

Amend paragraph “i” as follows:Amend the introductory paragraph:i. Pharmacies and providers that are enrolled in the Iowa

Medicaid program shall make available may submit drug acquisition cost information or product availability information-, and other information deemed necessary by to assist the department for the determination of in monitoring and revising reimbursement rates subject to 79.1(8)“a”(3) and 79.1(8)“c” and for the efficient operation of the pharmacy benefit.

Rescind subparagraphs (1) and (2).[Filed Emergency 11/18/02, effective 12/1/02]

[Published 12/11/02]

EDITOR’S NOTE: For replacement pages for IAC, see LAC Supplement 12/11/02.

ARC 2197BLABOR SERVICES DIVISION[875]


Pursuant to the authority of Iowa Code sections 88.5 and 17A.3(1), the Labor Commissioner hereby amends Chapter 4, “Recording and Reporting Occupational Injuries and Illnesses,” Iowa Administrative Code.

Language contained within the federal standard changes the criteria effective January 1, 2003, for reporting hearing loss. Pursuant to 29 Code of Federal Regulations 1904.37 and 1952.4, Iowa’s record-keeping rules must be “substantially identical” to the federal record-keeping rules. Pursuant

to Iowa Code subsection 88.5(l)“a,” Iowa must adopt the federal rules. Adopting rules changes according to the federal time lines is key to continued federal funding.

This amendment adopts by reference changes to the federal occupational safety and health record-keeping regulations. Currently, employers are required to record hearing loss when there is a standard threshold shift averaging 25 decibels or more. Rules previously adopted reduce the reportable level to 10 decibels or more effective January 1,2003. Adoption of this amendment supersedes the change in the reportable level and allows employers to record hearing loss only when there is a standard threshold shift averaging 10 decibels or more that has resulted in a total 25 decibels level of hearing above audiometric zero, averaged over the frequencies at 2000, 3000 and 4000 hertz.

Changes in occupational safety and health rules relating to record keeping must go into effect in all jurisdictions on the same day or nationalized data collection efforts would yield inconsistent results. Data collection is important to future occupational safety and health activities because it aids in identifying problem areas and targeting resources. Therefore, in compliance with Iowa Code section 17A.4(2), the agency finds that notice and public participation would be impracticable and contrary to the public interest.

The Division finds that adoption of this amendment by January 1,2003, is required and confers a benefit on employers by rescinding an increase in their record-keeping requirements. The amendment also benefits employers and employees by allowing the collection of accurate data across jurisdictional lines. The amendment improves ease of compliance by making Iowa consistent with other jurisdictions. Therefore, pursuant to Iowa Code section 17A.5(2)“b”(2), this amendment is Adopted and Filed Emergency, with an effective date of January 1, 2003.

The principal reasons for adoption of this amendment are to implement Iowa Code chapter 88 and to protect the safety and health of Iowa’s workers.

This amendment will not necessitate additional annual expenditures exceeding $100,000 by any political subdivision or agency or any contractor providing services to political subdivisions or agencies.


This amendment will become effective January 1, 2003.The following amendment is adopted.

Amend rule 875—4.3(88) by inserting at the end thereof:67 Fed. Reg. 44047 (July 1, 2002)



IAB 12/11/02 FILED 895

ARC 2167BCITY DEVELOPMENT BOARD[263]

Adopted and Filed

Pursuant to the authority of Iowa Code section 368.10, the City Development Board hereby rescinds Chapter 1, “General,” and adopts new Chapter 1, “Organization and Administration”; rescinds Chapter 2, “Initial Board Proceedings on Petitions for Involuntary Boundary Changes,” and adopts new Chapter 2, “Agency Procedure for Rule Making”; rescinds Chapter 3, “Committee Proceedings on Petitions for Involuntary Boundary Change,” and adopts new Chapter 3, “Petitions for Rule Making”; renumbers Chapter 4, “Board Proceedings on Petitions for Involuntary Boundary Change After Committee Approval,” as Chapter 10 and adopts new Chapter 4, “Declaratory Orders”; renumbers Chapter 5, “Islands—Identification and Annexation,” as Chapter 11 and adopts new Chapter 5, “Fair Information Practices”; rescinds Chapter 6, “Public Records and Fair Information Practices,” and adopts new Chapter 6, “Waiver and Variance Rule”; and adopts new Chapter 7, “Voluntary Annexation,” Chapter 8, “Petitions for Involuntary City Development Action,” and Chapter 9, “Committee Proceedings on Petitions for Involuntary City Development Action,” Iowa Administrative Code.

These amendments are intended to provide guidance regarding statutory changes that have occurred since the rules were last amended and to clarify proceedings before the Board related to existing statutory requirements.

Notice of Intended Action was published in the July 10, 2002, Iowa Administrative Bulletin as ARC 1809B. As a result of public comment, the following changes have been adopted:

• Rule 7.5(368) was amended to clarify which provisions of the rules will apply when the Board considers a voluntary annexation request when another proposal for common territory is filed within 30 days, and which provisions of the rules will apply when another proposal for common territory is not filed within 30 days. The amended rule now reads as follows:“263—7.5(368) Submission to the board by staff—notice.A request for the voluntary annexation of property within an urbanized area will be submitted to the board for consideration at the first board meeting conducted 31 or more days after the filing of the request. If no other application for voluntary annexation or petition for involuntary annexation containing common territory is filed with the board within 30 days of the filing of the application, the board will proceed under rule 7.7(368). If another application or petition containing common territory is filed with the board within 30 days, the board will proceed under rule 7.9(368). The board shall provide notice of all meetings at which the board will consider the city’s request by regular mail to the filing city, each city whose boundary is within two miles of the annexation territory, the board of supervisors of each county containing a portion of the territory, each affected public utility, and the regional planning authority which includes the territory. At the request of the annexing city, the board may proceed under rule 7.7(368) at a board meeting less than 31 days after the filing of the application, except that the filings to complete an annexation approved by the board will only be made if no other annexation proposal for any or all of the territory is filed with the board within 30 days of the filing of the application. If a pro

posal for annexation to another city for all or part of the territory is received within 30 days, the board will proceed under rule 7.9(368).”

• Subrule 7.9(7) was amended to define the vote required to approve a voluntary annexation containing land without the consent of the owner when it is considered by a committee. The amended subrule now reads as follows:

“7.9(7) Action if not approved. If the application is not approved or is denied pursuant to subrule 7.9(6), the board shall issue an order setting forth its reason(s) for failing to approve the application and requiring conversion of the application into an involuntary petition. An application that contains some land without the consent of the owner to avoid the creation of an island or to create more uniform boundaries, that is considered by a committee, shall not be approved unless at least four of the board members and at least one half of the local representatives vote in favor of the proposal. The city shall within 30 days withdraw its application or convert its application into an involuntary petition containing all information required to be included in such petitions by Iowa Code section 368.11 and these rules.”

• Subrule 7.9(10) was amended to clarify that a committee may resolve a common territory conflict between annexation proposals by denying one of the proposals. The amended subrule now reads as follows:

“7.9(10) The committee shall, within a reasonable time following conclusion of the public hearing, meet to determine appropriate means to resolve the common territory issues among the applications and petitions before it.

“a. The committee shall resolve common territory issues by amending or denying one or more of the pending proposals.

“b. Upon resolution of the common territory issues, the committee shall proceed with consideration of each remaining petition in accordance with Iowa Code sections 368.16 and 368.17 and these rules.”

• Rule 7.10(368) was adopted to explain the manner in which the Board may proceed on an application for voluntary annexation filed more than 30 days after another proposal for annexation for common territory; and proposed rule 7.10(368) was renumbered as rule 7.11(368). These rules now read as follows:“263—7.10(368) Board proceedings on voluntary annexation applications containing common territory with a petition for involuntary annexation filed more than 30 days after the petition.

“7.10(1) The board will receive the application and table action on it until processing of the petition is complete.

“7.10(2) Same city. If the application proposes to annex territory to the same city filing the petition, the board may proceed on the application under rule 7.7(368).“263—7.11(368) Costs. The cost of recording the board order, if the annexation is approved, shall be borne by the city to which territory is annexed.”

• Subrules 8.3(4) and 8.3(5) were revised to explain the process a petitioner may follow if certain requested information is not provided by county offices. The revised subrules now read as follows:

“8.3(4) Legal description. The petition shall include a complete legal description of the territory proposed for annexation, severance, incorporation, discontinuance, or consolidation. In cases of annexation, the description of the right-of-way of secondary roads, included as required by Iowa Code section 368.1(14), shall be provided. Prior to filing the petition, the city shall provide a copy of the legal de-

896 FILED IAB 12/11/02

CITY DEVELOPMENT BOARD[263](cont’d)

scription, map of the territory and list of property owners identified by the city to the county auditor, including the right-of-way of secondary roads, which is included as required by Iowa Code section 368.1(14), with a request that the auditor verify the accuracy and completeness of the legal description and verify current ownership of the parcel(s) involved. The auditor’s response shall be included in the petition. If the auditor fails to respond to the request within 14 days, the city may provide a copy of the request and a statement indicating that no response was received in lieu of the auditor’s verification.

“8.3(5) Assessed valuations. The assessed valuation and classification assigned for tax purposes (agricultural, residential, commercial, etc.) for each parcel of platted and unplatted land within the territory shall be included. This information shall be verified in writing by the city or county assessor. If upon request by the city, the assessor fails to provide verification of this information within 14 days, the city may provide a copy of the request and a statement indicating that the verification was not provided by the assessor in lieu of the assessor’s verification.”

These amendments were approved by the City Development Board during its meeting on August 15, 2002.

These amendments will become effective January 15, 2003.

These amendments are intended to implement Iowa Code sections 368.7, 368.11, and 368.14A.

EDITOR’S NOTE: Pursuant to recommendation of theAdministrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10,1986, the text of these amendments [Chs 1 to 11] is being omitted. With the exception of the changes noted above, these amendments are identical to those published under Notice as ARC 1809B, IAB 7/10/02.

[Filed 11/20/02, effective 1/15/03][Published 12/11/02]

[For replacement pages for IAC, see IAC Supplement12/11/02.]

ARC 2190B


Adopted and Filed

Pursuant to the authority of Iowa Code sections 261.3, 261.9, and 261.37(5), the College Student Aid Commission hereby amends Chapter 12, “Iowa Tuition Grant Program,” Iowa Administrative Code.

The amendment clarifies definitions used to administer the Iowa Tuition Grant Program. The Code of Iowa requires that students receiving Iowa Tuition Grants attend an accredited private educational institution located in Iowa.

Notice of Intended Action was published in the September 18, 2002, Iowa Administrative Bulletin as ARC 1999B. No comments were received from the public. The adopted amendment is identical to that published under Notice.

This amendment was approved during the November 19, 2002, meeting of the Commission.

This amendment will become effective January 15,2003.


The following amendment is adopted.

Amend subrule 12.2(4) by adding the following new definition:

“Located in Iowa” means a college or university accredited by the Higher Learning Commission of the North Central Association of Colleges and Schools, that has made a substantial investment in a permanent Iowa campus and staff, and that offers a full range of courses leading to the degrees offered by the institution as well as a full range of student services.



ARC 2168B

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa Department of Economic Development hereby rescinds Chapter 24, “Emergency Shelter Grants Program,” Iowa Administrative Code, and adopts a new Chapter 24 with the same title.

Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 1994B on September 18,2002. The IDED Board adopted the amendments on November 21, 2002.

The revisions to the chapter are necessitated by receipt of a recently published handbook produced by the U.S. Department of Housing and Urban Development. The final revisions bring the state program into conformance with federal guidance. These rules also establish minimum and maximum award amounts, enumerate the point system utilized in reviewing grant applications, and require grant recipients to provide client service data to the Department using the Service Point system.

A public hearing to receive comments about the proposed new chapter was held on October 8, 2002. No comments were received. These rules are identical to those published under Notice of Intended Action.

These rules are intended to implement Iowa Code section 15.108(l)“a.”

These rules will become effective January 15, 2003.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10,1986, the text of these rules [Ch 24] is being omitted. These rules are identical to those published under Notice as ARC 1994B, IAB 9/18/02.



LAB 12/11/02 FILED 897

ARC 2170B

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa Department of Economic Development hereby rescinds Chapter 29, “Homeless Shelter Operation Grants Program,” Iowa Administrative Code, and adopts a new Chapter 29 with the same title.

Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 1995B on September 18,2002. The IDED Board adopted the amendments on November 21, 2002.

The Homeless Shelter Operation Grants (HSOG) Program is the state counterpart to the federally funded Emergency Shelters Grants Program (ESGP). Funded jointly, these two programs assist homeless service providers (e.g., homeless shelters, domestic violence centers, supportive services such as legal assistance and housing counseling) with financial assistance to operate and maintain facilities and program operations.

The revisions to the chapter are necessitated by receipt of a recently published handbook produced by the U.S. Department of Housing and Urban Development. The revisions bring the state program into conformance with the federally funded ESGP. To reduce the administrative burden on grant recipients, ESGP and HSOG operate under essentially the same rules.

These rules also establish minimum and maximum award amounts, enumerate the point system utilized in reviewing grant applications, and require grant recipients to provide client service data to the Department using the Service Point system.

A public hearing to receive comments about the proposed new rules was held on October 8, 2002. No comments were received. These rules are identical to those published under Notice of Intended Action.

These rules are intended to implement Iowa Code section 15.108(11).

These rules will become effective January 15, 2003.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10,1986, the text of these rules [Ch 29] is being omitted. These rules are identical to those published under Notice as ARC 1995B, IAB 9/18/02.


[For replacement pages for LAC, see IAC Supplement12/11/02.]

ARC 2193B

EDUCATION DEPARTMENT [281]Adopted and Filed

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby amends Chapter 21, “Community Colleges,” Iowa Administrative Code.

The amendment updates the rules governing community college faculty planning in accordance with 2002 Iowa Acts, House File 2394. House File 2394 eliminated the state licensure requirement for community college faculty in lieu of each college’s developing a faculty plan to manage faculty qualifications and professional development, as of July 1, 2003. The amendment provides the statutory requirements for a quality faculty plan, additional planning recommendations for the colleges to consider when adopting a plan, and the process that the Department of Education will use to review each plan.

Notice of Intended Action was published in the Iowa Administrative Bulletin on October 2, 2002, as ARC 2026B.

A public hearing was held on October 29, 2002. There were approximately 35 community college faculty and administrators who attended the ICN public hearing. One written comment was received. Five oral comments were received asking questions on interpretation of rules. In response to public comment, the following six changes have been made to clarify terminology and intent of rules:

• The introductory paragraph of paragraph 21.3(4)“a” was amended to clarify that the college’s plan must have each component listed in subparagraphs (1) to (8). The introductory paragraph now reads as follows:

“a. The plan shall include, at a minimum, each of the following components:”

• In subparagraph 21.3(4)“a”(4), the word “that” was changed to “the” to correct a typographical error.

• In subparagraph 21.3(4)“a”(5), the last sentence was eliminated and the phrase “and method of evaluating consortium services” was added to the first sentence. Consortia are usually developed through a 28E agreement that is approved by the local college board. This same board may want to evaluate the services of the consortium rather than or in addition to the faculty quality committee. The added wording will allow this. The subparagraph now reads as follows:

“(5) Consortium arrangements where appropriate, cost- effective and mutually beneficial. It is recommended that the plan provide an outline of existing and potential consortium arrangements including a description of the benefits, cost- effectiveness, and method of evaluating consortium services.”

• In subparagraph 21.3(4)“a”(6), the word “evaluating” was eliminated in the first sentence and the phrase “of determining and assessing” was added, because the term “evaluate” might imply that the faculty could be evaluated in addition to the board-approved employee evaluation. The subparagraph now reads as follows:

“(6) Specific activities that ensure that faculty attain and demonstrate instructional competencies and knowledge in their subject or technical areas. It is recommended that the plan identify faculty minimum competencies and explain the method or methods of determining and assessing competencies. It is recommended that the plan contain procedures for reporting faculty progress. It is recommended that faculty be notified at least once a year of their progress in attaining competencies. It is recommended that the plan include policies and provisions for length of provisional status for faculty who do not meet the minimum standards in Iowa Code section 260C.48 as amended by 2002 Iowa Acts, House File 2394. It is recommended that provisional status of individual faculty members not exceed five years.”

• In subparagraph 21.3(4)“b”(l), the word “each” was added to be consistent with the change in the introductory paragraph of 21.4(3)“a” noted above.

898 FILED IAB 12/11/02


• In subparagraph 21.3(4)“b”(3), the words “and standards” were added to the following phrases to be consistent with the citation to the Iowa Code reference:

.. evidence that the faculty has attained, or is progressing toward attaining, minimum competencies and standards contained in Iowa Code section 260C.48 as amended by 2002 Iowa Acts, House File 2394; evidence that faculty members have been notified of their progress toward attaining minimum competencies and standards ...

These amendments are intended to implement 2002 Iowa Acts, House File 2394.


EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10,1986, the text of this amendment [21.3(4)] is being omitted. With the exception of the changes noted above, this amendment is identical to that published under Notice as ARC 2026B, IAB 10/2/02.



ARC 2194B

EDUCATION DEPARTMENT[281]Adopted and Filed

Pursuant to the authority of Iowa Code section 256.7, the State Board of Education hereby adopts amendments to Chapter 77, “Standards for Teacher Intern Preparation Programs,” Iowa Administrative Code.

The amendments govern approval of practitioner preparation programs at four-year colleges or universities that wish to offer a teacher intern preparation program but do not already have a practitioner preparation program approved by the State Board of Education. The amendments establish the standards for approval of these teacher intern preparation programs, including a site visit by representatives of the Department and additional documentation as needed.

Notice of Intended Action was published in the October 2,2002, Iowa Administrative Bulletin as ARC 2025B. The adopted amendments do not differ from those published under Notice.

These amendments will become effective on January 15,2003.

These amendments are intended to implement Iowa Code sections 256.16 and 272.25.



281—77.4(256) Criteria for Iowa teacher intern preparation programs. Each institution seeking approval of its program of teacher intern preparation shall file evidence of the extent to which it meets the standards contained in this chapter by means of a written self-evaluation report and an evaluation conducted by the department. For institutions not already offering practitioner preparation programs approved by the state board, the evaluation process shall include a site visit by representatives of the department and additional documentation as needed. After the state board has approved the teacher intern preparation program filed by an institution,

teacher intern candidates who complete the program and are recommended by the authorized official of that institution will be issued the appropriate license and endorsement(s).


281—77.5(256) Approval of programs. For initial approval, institutions shall submit written documentation of the teacher intern preparation program’s compliance with the program approval rules in 77.10(256) through 77.16(256). For institutions that do not already have practitioner preparation programs approved by the state board, the evaluation process shall include a site visit by representatives of the department and additional documentation as needed. Approval by the state board of the institutions’ teacher intern preparation programs shall be based on the recommendation of the director after study of the factual and evaluative evidence on record about each program in terms of the standards contained in this chapter. Approval, if granted, shall cover the period of time between initial approval and the institution’s next regularly scheduled state review under rules 281 IAC 79.5(256) and 281 IAC 79.6(256). After the initial approval period, approval of the teacher intern preparation program will be included as part of the institution’s reapplication for approval of its entire practitioner preparation program. Approval, if granted to institutions offering only teacher intern preparation programs, shall be for a term of five years; however, approval for a lesser term may be granted by the state board if it determines conditions so warrant.

If approval is not granted, the applying institution will be advised concerning the areas in which improvement or changes appear to be essential for approval. In this case, the institution shall be given the opportunity to present factual information concerning its programs at the next regularly scheduled meeting of the state board. The institution may also reapply at its discretion when it is ready to show what actions have been taken to address the areas of suggested improvement.



ARC 2174B

EDUCATION DEPARTMENT[281]Adopted and Filed

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby adopts Chapter 120, “Early ACCESS Integrated System of Early Intervention Services,” Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on August 21, 2002, as ARC 1916B. Public hearings were held on September 18, 2002, and on September 26, 2002.

The new rules implement interagency requirements of 20 U.S.C. §1401 et seq., and the regulations adopted thereunder found at 34 CFR 303 for the provision of an integrated system of early intervention services for infants and toddlers with a condition that is known to have a high probability of later delays or a developmental delay and for their families.

The following changes were made as a result of input received through the public comment process:

IAB 12/11/02 FILED 899


1. In rule 120.4(34CFR303), a definition for “public agency” was added, and it reads as follows:

‘“Public agency’ means the lead agency and any other political subdivision of the state that is responsible for providing early intervention services to children eligible under these rules and their families. [34 CFR 303.21]”

2. In rule 120.34(34CFR303), the second sentence was reworded to clarify the flexibility afforded teams to change the IFSP when needed, the rule now reads as follows:“281—120.34(34CFR303) IFSP process. The goal of the IFSP process is to empower families with the resources, skills, and processes to meet the needs of the eligible child and the family in order to enhance the child’s growth and development. The IFSP is written in collaboration with the family and may be modified based on the changing needs of the child and the family in accordance with division VII and division VIII of these rules. Parents and families shall be continually involved in all aspects of the identification, evaluation and assessment; IFSP planning, implementation, evaluation, review, and revision processes; and transition planning. For a child who has been evaluated for the first time and determined to be eligible, a meeting to develop the initial IFSP must be conducted within the 45-day time period indicated in rule 281—120.30(34CFR303). [34 CFR 303.340]”

3. In rule 120.57(34CFR303), numbered paragraph “3,” and in the introductory paragraph of rule 120.59(34CFR303), the word “written” was added before “parental consent” to clarify that parental consent must be obtained in writing prior to transmission of records or information about a child.

4. The bracketed federal regulation citation that followed the subrules in rule 120.82(34CFR303) was not correct and has not been adopted.

5. In rule 120.85(34CFR303), language has been added to clarify that the state ombudsman’s determination of financial responsibility for an expense pending a dispute must be made consistent with the provisions of the interagency agreement and to clarify the provision for reimbursement of the agency assigned responsibility by the state ombudsman if a different agency is assigned responsibility upon final resolution of the dispute. The rule now reads as follows:“281—120.85(34CFR303) Resolution of disputes. During a dispute, the state ombudsman must assign financial responsibility to the appropriate signatory agency pursuant to the interagency agreement. The lead agency must make arrangements for reimbursement of any expenditures incurred by the agency originally assigned the responsibility and for reimbursement of the agency assigned responsibility by the ombudsman if a different agency is assigned responsibility upon final resolution of the dispute. To the extent necessary to ensure compliance with this provision, the lead agency shall refer the dispute to the council or to the governor and implement the procedures to ensure the delivery of services in a timely manner. [34 CFR 303.523-303.524]”

These rules are intended to implement 34 CFR 303.These rules will become effective January 15, 2003.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10,1986, the text of these rules [Ch 120] is being omitted. With the exception of

the changes noted above, these rules are identical to those published under Notice as ARC 19I6B, IAB 8/21/02.


[For replacement pages for IAC, see LAC Supplement 12/11/02.]

ARC 2177BENGINEERING AND LAND SURVEYING EXAMINING

BOARD [193C]Adopted and Filed

Pursuant to the authority of Iowa Code section 542B.6, the Engineering and Land Surveying Examining Board hereby amends Chapter 1, “Administration,” Chapter 4, “Engineering Licensure,” Chapter 6, “Seal and Certificate of Responsibility,” and Chapter 7, “Professional Development,” Iowa Administrative Code.

These amendments provide the new address and phone number for the Engineering and Land Surveying Examining Board office, correct the wording on the comity applicant experience requirements chart to be consistent with Iowa Code section 542B.14, allow the use of digital signatures as defined in or governed by Iowa Code chapter 554D, and add National Council of Examiners for Engineers and Surveyors (NCEES) examination development committee participation as an allowable professional development activity.

Waiver of these rules can be sought pursuant to 193— Chapter 5, “Waivers and Variances from Rules.”

Notice of Intended Action was published in the Iowa Administrative Bulletin on October 2, 2002, as ARC 2029B. The adopted amendments are identical to those published under Notice.

These amendments are intended to implement Iowa Code sections 17A.9A and chapters 272C, 542B, and 554D.


EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10,1986, the text of these amendments [1.1(1), 1.1(2), 4.2(5), 6.1(9), 7.3(1)] is being omitted. These amendments are identical to those published under Notice as ARC 2029B, IAB 10/2/02.



I

900 FILED IAB 12/11/02

ARC 2180B

ENVIRONMENTAL PROTECTION COMMISSION[567]

Adopted and Filed

Pursuant to the authority of Iowa Code section 455B.133, the Environmental Protection Commission hereby amends Chapter 22, “Controlling Pollution,” Iowa Administrative Code.

This rule making modifies the definition of “stationary source categories” as it relates to the Title V program. The purpose of this amendment is to delete the requirement that owners/operators of industrial facilities count fugitive emissions of air pollutants not considered toxic when determining if a facility is a “major source,” if the sources are in source categories subject to federal emissions regulations promulgated after August 7, 1980. In one of the criteria for determining whether a source is a “major source,” fugitive emissions are not counted unless the source belongs to one of the “stationary source categories.” The new definition of “stationary source categories” now contains a category that distinguishes between source categories subject to federal emissions regulation by August 7,1980, and those subject to federal emissions regulations after August 7, 1980. Fugitive emissions are considered to be emissions that cannot reasonably pass through a stack, chimney, vent or other functionally equivalent opening. Sources which do not fall under the definition will no longer be required to count nontoxic fugitive emissions when determining major source status under the operating permit program. A source will still be required to count all fugitive emissions of compounds that the EPA considers to be toxic air pollutants when determining whether the source is a major source and thus subject to the Title V permit program.

Under the Clean Air Act, 188 chemicals are listed as toxic air pollutants because they are known to cause or are suspected of causing cancer or other serious health problems. The modified definition of “stationary source categories” may cause some facilities to fall under the definition of “major source” and thus become subject to Title V permitting requirements. Sources that become subject to Title V will have 12 months after EPA’s approval of Iowa’s revised Title V program to apply.

This rule making was based upon a request from EPA Region VII on December 5,2001. This language is adopted verbatim from a rule found at 40 CFR 70.2(2)(xxvii), as amended through November 27, 2001. The history and purpose of the November 27, 2001, changes to 40 CFR 70.2(2)(xxvii) are found in the Federal Register at Volume 66, Number 228, pages 59161-59166.

Notice of Intended Action for this amendment was published in the June 12,2002, Iowa Administrative Bulletin as ARC 1710B. A public hearing was held on July 11, 2002. No oral or written comments were received on the proposed amendment. There are no changes from the Notice of Intended Action.

This amendment is intended to implement Iowa Code section 455B.133.

This amendment shall become effective January 15,2003.The following amendment is adopted.

Amend rule 567—22.100(455B), definition of “stationary source categories,” numbered paragraph “27,” as follows:

27. AU Any other stationary source categories category, which as of August 7, 1980, is regulated by a standard promulgated under Section 111 or 112 of the Act, but only with respeclto-those air pollutants which have been regulated forthat category.



ARC 2169B

ENVIRONMENTAL PROTECTION COMMISSION [567]

Adopted and Filed

Pursuant to the authority of Iowa Code section 455B.304, the Environmental Protection Commission hereby amends Chapter 100, “Scope of Title—Definitions—Forms—Rules of Practice,” and Chapter 102, “Permits”; rescinds Chapter 103, “Sanitary Landfills,” and adopts new Chapter 103, “Sanitary Landfills: Coal Combustion Residue”; amends Chapter 109, “Special Waste Authorizations,” Chapter 110, “Design, Construction and Operation Standards for Solid Waste Management Facilities,” and Chapter 111, “Financial Assurance Requirements for Municipal Solid Waste Landfills”; and adopts new Chapter 112, “Sanitary Landfills: Biosolids Monofills,” new Chapter 113, “Sanitary Landfills: Municipal Solid Waste,” new Chapter 114, “Sanitary Landfills: Construction and Demolition Wastes,” and new Chapter 115, “Sanitary Landfills: Industrial Monofills,” Iowa Administrative Code.

This rule making is a reorganization of the current rules pertaining to the permitting, design and operation of all sanitary landfills. The current rules addressing these matters are found in 567—Chapters 102,103 and 110. Not every provision in these chapters applies to each of the five sanitary landfill types described in the current Chapter 103.

This rule making is warranted as a first stage in revising the requirements for all sanitary landfills. The Department does not believe that the chapters governing sanitary landfills can successfully be revised if amended in their entirety because of the large number of stakeholders and the variety of sanitary landfills covered by the current 567—Chapters 102, 103, and 110. To simplify this rather complex rule-making exercise, the rule revisions described herein separate the current requirements by landfill type in new 567—Chapters 112 to 115 without making any changes to actual rule requirements. The ancillary changes that update and correct applicable references within the new chapters will facilitate the revision process that will take place following the adoption of these chapters.

These amendments also correct and update several cross references in 567—Chapters 100, 102, 109 and 111 and remove references that are no longer applicable. In addition, references to new 567—Chapters 112 to 115 described herein contained in other solid waste related rules are revised. The title of Chapter 110 is also amended to provide a more accurate description of the regulatory requirements described therein. These amendments do not change any of the current regulatory requirements.

Notice of Intended Action was published in the Iowa Administrative Bulletin on September 18, 2002, as ARC

LAB 12/11/02 FILED 901


1988B. A public hearing was conducted on October 8,2002. No changes have been made to the Notice.

These amendments are intended to implement Iowa Code section 455B.304.

These amendments shall become effective January 15, 2003.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10,1986, the text of these amendments [100.1, 102.2(1), 102.12(10), 102.13, 102.14, 102.16; Ch 103; 109.10(2); Ch 110 title; 111.3 to 111.5; Chs 112 to 115] is being omitted. These amendments are identical to those published under Notice as ARC 1988B, LAB 9/18/02.



ARC 2157B


Adopted and Filed

Pursuant to the authority of Iowa Code section 217.6, the Department of Human Services adopts Chapter 36, “Assessment Fee for Intermediate Care Facilities for the Mentally Retarded,” and amends Chapter 82, “Intermediate Care Facilities for the Mentally Retarded,” Iowa Administrative Code.

These amendments implement 2002 Iowa Acts, House File 2625, section 36, which authorizes the Department to assess a fee for intermediate care facilities for the mentally retarded that are not operated by the state. The fee is set at 6 percent of the total annual revenue of the facility for the preceding fiscal year and is an allowable cost on a facility’s Medicaid cost report. When the fee is implemented, the Department will adjust the Medicaid reimbursement rates for these facilities to reflect the increased cost. Funds generated from the assessment shall be credited to the state medical assistance appropriation. These funds are then used for Medicaid service payments, which draw down additional federal matching funds.

These amendments do not provide for waivers in specified situations because all affected facilities should be treated uniformly under the law.

Notice of Intended Action for these amendments was published in the Iowa Administrative Bulletin on October 2, 2002, as ARC 2035B. The Department held a public hearing regarding these amendments on October 24, 2002. Four people attended the public hearing, and 14 people submitted written comments. Commenters expressed concern that county governments would be responsible for the nonfederal share of the increase in per diem rates and questioned the adequacy of the proposed method for increasing the reimbursement to cover the fee.

In response to these comments, subrule 82.5(13), paragraph “b,” has been changed to clarify how the facility rates will be adjusted. The Department agrees that counties should not be responsible for any part of this rate increase and does not plan to bill counties for this cost. However, this issue is beyond the authority of the Department to address in rules.

The Department is requesting legislative changes to clarify that the counties will not be responsible for the nonfederal share of the portion of the reimbursement rate attributable to the fee.



These amendments shall become effective February 1, 2003.


Item 1. Adopt the following new chapter:

CHAPTER 36ASSESSMENT FEE FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED

These rules describe the assessment of the fee authorized by the Seventy-ninth General Assembly in 2002 Iowa Acts, House File 2625. The rules explain how the fee is determined and paid, and under what conditions collection of the fee will be terminated.

441—36.1(79GA,HF2625) Assessment of fee. Intermediate care facilities for the mentally retarded (ICFs/MR) licensed in Iowa under 481—Chapter 64 that are not operated by the state shall pay a monthly fee to the department. The fee shall equal 6 percent of the total revenue of the facility for the facility’s preceding fiscal year divided by the number of months of facility operation during the preceding fiscal year.

441—36.2(79GA,HF2625) Determination and payment of fee for facilities certified to participate in the Medicaid program. For facilities certified to participate in the Medicaid program, the fee shall be determined and paid as follows:

36.2(1) The assessment for each facility fiscal year shall be based on the financial and statistical report for the facility’s preceding fiscal year submitted pursuant to rule 441— 82.5(249A), as adjusted pursuant to 441—subrules 82.5(10) and 82.17(1).

36.2(2) The department shall notify each facility of the amount of the fee assessed for each fiscal year following submission of the financial and statistical report for the facility’s preceding fiscal year. The fee is subject to adjustment based on adjustments to the financial and statistical report.

36.2(3) The department shall deduct the monthly amount due from medical assistance payments to the facility. The department shall also deduct from medical assistance payments any additional amount due for past months as a result of an adjustment to the assessment.

441—36.3(79GA,HF2625) Determination and payment of fee for facilities not certified to participate in the Medicaid program. For facilities not certified to participate in the Medicaid program, the fee shall be determined and paid as follows:

36.3(1) Any licensed ICF/MR in Iowa that is not operated by the state and is not certified to participate in the Medicaid program shall submit Form 470-0030, Financial and Statistical Report, as required for participating facilities by rule 441—82.5(249A), for purposes of determining the amount of the assessment. The department may audit and adjust the reports submitted, as provided for participating facilities in 441—subrules 82.5(10) and 82.17(1).

36.3(2) The assessment for each facility fiscal year shall be based on the financial and statistical report for the facility’s preceding fiscal year as submitted and audited pursuant to subrule 36.3(1).

902 FILED IAB 12/11/02


36.3(3) The department shall notify each facility of the amount of the fee assessed for each fiscal year following submission of the financial and statistical report for the facility’s preceding fiscal year. The fee is subject to adjustment based on adjustments to the financial and statistical report.

36.3(4) The facility shall pay the assessed fee to the department on or before the fifteenth day of each month. Any additional amount due for past months as the result of an adjustment to the initial assessment is due 30 days after the department notifies the facility of the additional amount.

441—36.4(79GA,HF2625) Termination of fee assessment. If federal financial participation to match the assessed fee becomes unavailable under federal law, the assessment terminates on the date the federal statutory, regulatory, or interpretive change takes effect.

These rules are intended to implement 2002 Iowa Acts, House File 2625, section 36.

Item 2. Amend rule 441—82.5(249A) by adopting the following new subrule:

82.5(13) Assessed fee. The fee assessed pursuant to 441—Chapter 36 shall be an allowable cost for cost reporting and audit purposes.

a. For the purpose of implementing the assessment, Medicaid reimbursement rates shall be recalculated effective February 1, 2003, as provided in paragraph “b.”

b. For purposes of determining rates paid for services rendered after February 1, 2003:

(1) Each facility’s annual costs for periods before February 1, 2003, shall be increased by an amount equal to 6 percent of the facility’s annual revenue for the preceding fiscal year.

(2) These revised costs shall be used to recalculate the eightieth percentile maximum rate referenced in paragraph 82.5(14)“e” and the maximum allowable base cost referenced in paragraph 82.5(16)“c.”

(3) The incentive factors previously calculated under paragraph 82.5(14)“f ’ for reimbursement rates taking effect on or after July 1,2002, shall be maintained for the remainder of state fiscal year 2003.



ARC 2160BHUMAN SERVICES DEPARTMENT [441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 239B.4, subsection (4), the Department of Human Services amends Chapter 45, “Payment,” Iowa Administrative Code.

These amendments change language regarding payment of benefits under the Family Investment Program to clarify that the Department may (instead of shall) issue benefits by means of direct deposit to a financial institution or by electronic funds transfer. This is consistent with the language in Iowa Code section 239B.3. The Department currently offers direct deposit, but not electronic funds transfer.

These amendments also remove a provision relating to underpayments due to erroneous reporting of the income or re

sources of an alien’s sponsor. Since the rules requiring deeming of a sponsor’s income and resources have been rescinded, this provision is obsolete.

These amendments do not provide for waivers in specified situations. The first change makes the rules consistent with state law. The second change is a benefit to recipients.

Notice of Intended Action on these amendments was published in the Iowa Administrative Bulletin on October 2,2002, as ARC 2036B. The Department received no comments on the Notice. These amendments are identical to those published under Notice of Intended Action.


These amendments are intended to implement Iowa Code section 239B.3.

These amendments shall become effective on February 1,2003.


Item 1. Amend rule 441—45.21(239B) as follows:

441—45.21(2398) Address. Assistance warrants shall be mailed to the recipient’s current address or, upon request, to a post office box, bank, or to any other address for which the recipient has good reason for the request. Assistance warrants shall be mailed to the protective payee, conservator, or guardian (if applicable) in cases involving said persons. Assistance shall may also be paid by direct deposit to the recipient’s own account in a financial institution or by means of electronic benefits transfer.

Item 2. Amend subrule 45.24(1), paragraph “b,” by rescinding subparagraph (3).



ARC 2155B


Adopted and Filed

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services amends Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” Iowa Administrative Code.

On January 9,2002, the Department adopted rules removing restrictions on the types and circumstances of services for which nurse-midwives may claim Medicaid payment. These rules were published in the Iowa Administrative Bulletin on February 6, 2002, as ARC 1334B. The Department submitted those changes in an amendment to the State Medicaid Plan, as required to obtain federal Medicaid funding. That rule making and the corresponding state plan amendment were drafted in reliance on federal guidance received from the federal Centers for Medicare and Medicaid Services (CMS) at that time.

In late June, CMS informed the Department that the state plan amendment needed further revisions to be approved and that the rules were out of compliance with federal requirements. At issue was the requirement that women be determined obstetrically low-risk or have their services co-

IAB 12/11/02 FILED 903


managed through a collaborative arrangement with a physician. Since state law governing a nurse-midwife’s scope of practice does not mandate this restriction, the federal position is that it is not acceptable as a Medicaid requirement. CMS relies on 42 Code of Federal Regulations 440.165, which defines nurse-midwife services, in part, as services that are “within the scope of practice authorized by State law or regulation.”

On June 25, 2002, per CMS guidance, the Department submitted a revised state plan amendment that removed this requirement and added language clarifying the scope of covered nurse-midwife services. The revised plan amendment also removed references to “licensed birth centers” in response to 2002 Iowa Acts, Senate File 2325, enacted May 10,2002, which repealed requirements for state licensing of birth centers. On June 28, 2002, CMS approved the revised state plan amendment with an effective date of February 1, 2002.

These amendments to the Medicaid rules correspond to the changes made to the state plan amendment to obtain federal approval, so that the rules will comply with state and federal statutes. These amendments do not provide for waivers in specified situations because they confer a benefit on nurse- midwives and their patients.

These amendments were Adopted and Filed Emergency and published in the Iowa Administrative Bulletin on September 4, 2002, as ARC 1962B. Notice of Intended Action for these amendments was published on the same date as ARC 1945B. The Department received no comments on this Notice. These amendments are identical to those published under Notice of Intended Action and Adopted and Filed Emergency.


These amendments are intended to implement Iowa Code section 249A.4.

These amendments shall become effective February 1,2003, at which time the Adopted and Filed Emergency amendments are hereby rescinded.


Item 1. Amend subrule 78.29(1) as follows:78.29(1) The services provided are within the scope of the

practice of certified nurse midwifery, including the management of care of normal newborns and women antepartally, intrapartally, postpartally, or gynecologically. Physician- delegated functions, beyond normal nurse midwifery or advanced practice nursing, require a “collaborative practice agreement,” as defined under rule 655—7.1(152).

Item 2. Amend subrule 78.29(2) by rescinding the introductory paragraph.

Item 3. Amend subrule 78.29(5) as follows:78.29(5) Except for emergencies, payment shall be made

for birthing services provided by a certified nurse-midwife only in duly licensed birth centers as defined under Iowa Code subsection 135G.2(-1), hospitals, ambulatory surgical centers, or the mother’s usual residence, or any other location in which the certified nurse-midwife is legally authorized to provide the services under state law. Other services of a certified nurse-midwife may be provided in duly licensed birth centers, hospitals, ambulatory surgical centers, the mother’s usual residence, or any other location in which

the certified nurse-midwife is legally authorized to provide the services under state law.


EDITOR’S NOTE: For replacement pages for LAC, see IAC Supplement 12/11/02.

ARC 2156BHUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services amends Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” Iowa Administrative Code.

These amendments add conditions for children’s hospitals to qualify for Medicaid disproportionate share payments from the Graduate Medical Education and Disproportionate Share Fund, as directed by 2002 Iowa Acts, House File 2487.

The Graduate Medical Education and Disproportionate Share Fund provides a means of directly reimbursing qualifying hospitals for the costs associated with providing medical education and serving a disproportionate share of poor, indigent, nonreimbursed, or nominally reimbursed patients. The Department applies a formula to the cost and utilization data for each hospital qualifying for disproportionate share payments to obtain a dollar value. Each hospital’s dollar value is divided by the total dollar value for all qualifying hospitals, resulting in a percentage, which is applied to the amount allocated for disproportionate share payments for the year to determine the payment to that hospital. Payments are issued in monthly installments.

The amendments allow certain hospitals with distinct areas that provide services predominantly to children to report their costs and Medicaid utilization for those areas separately for purposes of qualifying for disproportionate share payments. To qualify for payment, a children’s hospital must be a voting member of the National Association of Children’s Hospitals and Related Institutions and have Medicaid and low-income utilization rates in the children’s area of 1 percent or greater. Under current rules, the whole hospital must qualify, and either the low-income utilization rate must exceed 25 percent or the Medicaid inpatient utilization rate must exceed one standard deviation from the statewide average rate.

These amendments do not provide for waivers in specified situations because all children’s hospitals should be subject to the same formula for disproportionate share payments. Hospitals may request a waiver of any part of the formula under the Department’s general rule on exceptions at rule 441— 1.8(17A,217).

These amendments were Adopted and Filed Emergency and published in the Iowa Administrative Bulletin on October 2, 2002, as ARC 2034B. Notice of Intended Action for these amendments was published on the same date as ARC 2047B to allow for public comment. The Department received no comments on the Notice. These amendments are identical to those published under Notice of Intended Action.

The Council on Human Services adopted these amendments November 13, 2002.

904 FILED IAB 12/11/02

HUMAN SERVICES DEPARTMENT[441 ](cont’d)


These amendments shall become effective February 1, 2003, at which time the Adopted and Filed Emergency amendments are hereby rescinded.

EDITOR’S NOTE: Pursuant to recommendation of theAdministrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10,1986, the text of these amendments [79.1(5)] is being omitted. These amendments are identical to those published under Notice as ARC 2047B and Adopted and Filed Emergency as ARC 2034B, IAB 10/2/02.



ARC 2158B


Adopted and Filed

Pursuant to the authority of Iowa Code sections 237.3, 237.5A, 238.6, and 600.7A, the Department of Human Services amends Chapter 108, “Licensing and Regulation of Child-Placing Agencies,” Chapter 113, “Licensing and Regulation of Foster Family Homes,” Chapter 117, “Foster Parent Training,” Chapter 156, “Payments for Foster Care and Foster Parent Training,” Chapter 157, “Purchase of Adoption Services,” and Chapter 200, “Adoption Services,” Iowa Administrative Code.

These amendments are intended to implement 2002 Iowa Acts, House File 2518, which changes licensure requirements for child-placing agencies and foster family homes. These amendments:

• Change from one year to three years the term of licensure for a child-placing agency that meets the minimum requirements.

• Increase from 12 hours to 30 hours the training requirement for initial licensure as a foster family home or approval as an adoptive home.

• Establish the curriculum developed by the Child Welfare Institute, “Partnering for Safety and Permanence: Model Approach to Partnership in Parenting” (PS-MAPP), as the standard curriculum for the training of foster and adoptive parents.

• Eliminate provisions for foster parent training advisory committees and allocation of foster parent training funds for training enhancement, due to budgetary constraints.

• Clarify procedures for unannounced visits to foster family homes.

• Update form numbers and organizational references.Exceptions to the training requirement for foster families

that complete the current foster parent preservice training before December 31, 2002, are listed in subrule 113.8(1). Exceptions for adoptive families are specified in paragraph 200.4(4)“a.” Other than these exceptions, these amendments do not provide for waivers in specified situations because:

• Extension of the license term is a benefit to childplacing agencies.

• The Department does not have authority to waive the amount of training required for foster parents, since 30 hours of training is a statutory requirement.

• Foster and adoptive parents may request a waiver of training requirements under the Department’s general rule at 441—1.8(17A,217).

Notice of Intended Action on these amendments was published in the Iowa Administrative Bulletin on August 21, 2002, as ARC 1882B. The Department received several comments on the financial and logistical burdens of the proposed amendments. In response to these concerns, the Department has made the following changes to these amendments:

• Eliminated the proposed amendments to subrules 108.8(1), 108.9(4), 113.12(6), and 157.3(1) requiring that foster family licensing studies and adoptive home studies be completed by a person certified as a leader for PS-MAPP training.

• Added new subrule 113.3(5) extending the time allowed for the foster family licensing process to 120 days from the date that the applicant begins attending training, instead of the general requirement of 90 days from the date of application, as stated in subrule 112.3(7).

• Eliminated the provision in subrule 113.8(1) allowing the issuance of a provisional license for a family that has not completed foster parent training. The 90-day provisional period is not long enough to complete the licensing process for a family that has not begun training.

• Reworded the transitional provisions in subrules 113.8(1) and 200.4(4) to clarify that only people who have completed the current training program before December 31,2002, are exempt from the new provisions.

• Added in subrules 113.8(1) and 200.4(4) requirements that families must retake PS-MAPP if the licensing process or approval for adoption is not completed within 24 months after the family completes the training.

• Clarified in subrules 113.12(6), 157.3(1), and 200.4(1) that home studies shall be recorded in the PS-MAPP family profile format rather than the current Department- specified format.

• Added in subrule 200.2(3) a reference to Part 2 of the Background Report required as part of the adoptive study.

• Replaced references to “service area manager or designee” with references to the “department” in paragraph 108.8(l)“c,” subrule 113.13(2), and paragraph 200.4(l)“b.”


These amendments are intended to implement 2002 Iowa Acts, House File 2518.


The following amendments are adopted.Item 1. Amend rule 441—108.2(238) as follows:Amend subrule 108.2(2), introductory paragraph, as fol

lows:108.2(2) Application. An agency or person applying for a

license shall complete Form SS-3105-0 470-0723, Application for License or Certificate of Approval. The application shall be completed and signed by the administrator or the appropriate officer and submitted to the department.

Amend subrule 108.2(5) as follows:108.2(5) Certificate of license. The department shall is

sue or renew Form SS-3304 470-3623, Certificate of License, shall-be issued or renewed by-the department on-an annual basis every three years, without cost, to any childplacing agency which meets the minimum requirements ap-

LAB 12/11/02 FILED 905


plicable to child-placing agencies as defined by Iowa Code chapter 238 and this chapter of administrative-rules. The license shall be posted in a conspicuous place on the licensed premises.

Item 2. Amend subrule 108.8(1) as follows:Amend paragraph “a” as follows:a. Availability of applications. The agency may provide

Form SS-210-1470-0689, Application for a License to Oper- ate-a Foster Family Home License Application, to anyone requesting to be licensed.

Amend paragraph “c,” subparagraph (13), fourth and fifth unnumbered paragraphs, as follows:

The regional administrator service area manager or designee shall make the evaluation and decision. Within 30 days of receipt of Form 470-2310, the regional administrator or designee department shall mail the child-placing agency and foster family applicant Form 470-2386, Record Check Decision, that explains the decision reached regarding the evaluation of an abuse or crime. The regional administrator or designee department shall also issue Form 470-2386 when an applicant fails to complete the evaluation form within the ten-calendar-day specified time frame.

Foster parents applying for renewal of their license may be subject to the same record checks as new applicants when there is reason to believe that a founded abuse or conviction of a crime has occurred. The regional administrator or desig- ne# department shall evaluate only abuses, convictions of crimes, or placement on the sex offender registry since the last record check using the process set forth above.

Item 3. Amend subrule 108.9(4), paragraph “d,” subparagraph (2), numbered paragraph “2,” introductory paragraph, as follows:

2. If the licensed child-placing agency believes that the applicant should be approved despite the abuse or criminal conviction, the licensed child-placing agency shall provide copies of Form 470-2310, Record Check Evaluation, and Form 470-2386, Record Check Decision, to the Department of Human Services, Administrator, Division of Adult, Chil- drert Behavioral, Developmental, and Family Protective Services, 1305 East Walnut Street, Des Moines, Iowa 50319- 0114. Within 30 days, the administrator shall determine whether the abuse or crime merits prohibition of approval and shall notify the licensed child-placing agency in writing of that decision.

ITEM 4. Amend rule 441—113.3(237) as follows:Amend subrule 113.3(4) as follows:113.3(4) Application form. When-a A person who has

reached a decision to operate a foster family home5-the shall make application shall be made on Form SS-2101470-0689, Application for a License to Operate a Foster Family Home License Application. A request for renewal of the license shall be made on the same form.

Adopt new subrule 113.3(5) as follows:113.3(5) Notification. The department shall notify a fos

ter family home applicant of the approval or denial of a license within 120 days of the date that the applicant begins the preservice training required under subrule 113.8(1), notwithstanding the time limit in 441—subrule 112.3(7).

ITEM 5. Amend subrule 113.4(2), paragraphs “b” and “c,” as follows:

b. Foster care service workers, foster care licensing staff, and their supervisors employed in county, district or central offices of the department.

c. Other staff in-county and district offices engaged in foster care placements, such as child protective staff or adoption workers.

Item 6. Amend rule 441—113.8(237) as follows:Amend subrule 113.8(1) as follows:113.8(1) Required preservice training. Each individual

foster parent shall complete an entire 4230 hours of a preservice training program the “Partnering for Safety and Permanence: Model Approach to Partnership in Parenting” (PS- MAPP) which is approved pursuant to rule 441—117.5(237).

a. This training Applicants shall be completed prior to complete PS-MAPP training before receiving a license for the first time, unless an exception is made for up to 90 days under rule 441—112.7(237) to allow for later completion ofthis course.

b. Applicants shall retake PS-MAPP if the licensing process is not completed within 24 months after PS-MAPP is initially completed.

c. PS-MAPP is waived for foster parent applicants who complete 12 hours of the department’s designated preservice training between July 1, 2001, and December 31, 2002, and submit an application to the department by March 30, 2003. These applications will be processed pursuant to 441— subrule 112.3(7).

Amend subrule 113.8(4) as follows:113.8(4) Required training in universal precautions. Each

Before licensure, each individual foster parent shall complete one hour of training related to the use and practice of universal precautions prior to licensure. Training shall be completed through the approved individual self-study course, “Universal Precautions in Foster and Adoptive Family Homes.” Families-licensed prior to June 1,1995, shall complete this training requirement by June 1,1996.

Item 7. Amend subrule 113.12(6) as follows:113.12(6) Determination of characteristics. The areas

discussed in 113.12(4) and 113.12(5) shall be explored through observation of the family and interviews with family members and documented in a foster home study, using the PS-MAPP family profile format. The home study shall be maintained in the foster family record. Any additional areas that the family or worker identifies as a possibility for creating problems shall also be documented in the foster family record.

Item 8. Amend subrule 113.13(2) as follows:113.13(2) Evaluation process. The regional administrator

service area manager or designee shall make the evaluation and decision. Within 30 days of receipt of the completed Form 470-2310, the regional administrator or designee department shall mail to the individual on whom the evaluation was completed and to the registrant for an employee of the registrant Form 470-2386, Record Check Decision, that explains the decision reached regarding the evaluation of an abuse or a crime. The regional- administrator department shall also issue Form 470-2386 when an applicant fails to complete the evaluation form within the ten-calendar-day specified time frame.

Item 9. Amend rule 441—113.15(237) as follows:Amend subrule 113.15(4) as follows:113.15(4) A written report summarizing the visit shall be

sent to the appropriate district administrator or designee of the department of human sendees licensing worker within two weeks after the visit. A copy of the report shall be retained in the foster parents’ record.

Amend subrule 113.15(5) as follows:

906 FILED IAB 12/11/02


Amend paragraph “a” as follows:a. When deficiencies are cited that do not appear likely

to cause immediate physical or mental harm to the child, the information shall-be made available to the licensor and anadditional visit may be scheduled.

Amend paragraph “b” as follows:b. When the reported deficiencies raise questions of con

cern as to the quality of care provided, the district administrator licensing worker shall report to the licensing-worker and to the placement worker, suggesting a meeting with foster parents to discuss deficienciesT and suggestions for improving the deficiencies, and following the discussion obtaining written commitments from the foster parents as to how the foster parents intend to correct the deficiencies.

Amend paragraph “c,” introductory paragraph, as follows:

c. When the reported deficiencies appear likely to cause immediate physical or mental harm to the child, the district administrator service area manager immediately shall:

Amend subrule 113.15(6) as follows:113.15(6) When the foster parents refuse to make a writ

ten commitment to improve the deficiencies, the district administrator shall direct-the licensing worker to shall do a complete study review of the foster home to determine if the license should be revoked according to rule 441— 112.6(237).

Item 10. Amend subrule 117.1(2) as follows:Amend paragraph “a,” unnumbered paragraph, as fol

lows:The curriculum developed by the Nova University Foster

Parent Project “Preparation for Fostering: Preservice Education for Foster Families” Child Welfare Institute “Partnering for Safely and Permanence: Model Approach to Partnership in Parenting” (PS-MAPP) shall be considered as meeting this requirement.

Amend paragraphs “b,” “c,” and “g” as follows:b. Length. The entire preservice training PS-MAPP pto-

gram shall total at least 4230 hours of contact between trainers leaders and participants.

The department and each licensed child-placing agency offering the mandatory 42 30 hours of presence PS-MAPP training shall devise a procedure for parents to make up any portions of training which are missed.

c. Instructors. The program shall be team taught by at least one foster or adoptive parent and one casework staff person. Both foster parent instructors and casework staff All instructors shall have- previous education or -experience in training and in the particular curriculum to be taught be certified PS-MAPP leaders.

g. Training records. A record of the foster parents who begin and complete the trainings and of the training program evaluation shall be submitted to the district department office for the location in which the training was provided at the end of each 42 30-hour training PS-MAPP session.

Item 11. Amend subrule 117.3(1) as follows:117.3(1) A detailed program description, including objec

tives, agenda, content, participant materials and time frames or a statement that the Neva program “Preparation for Fostering: Preservice Education for Foster Families,” Child Welfare Institute “Partnering for Safety and Permanence: Model Approach to Partnership in Parenting” (PS-MAPP), as described in subrule paragraph 117.1(2)“a,” will be the preservice program taught.

Item 12. Amend subrules 117.4(1) and 117.4(2) as follows:

117.4(1) Group training. Applications to provide group foster parent training shall be submitted to the department district office for the district service area in which the training will be conducted.

117.4(2) Individual training. Applications for approval for individual training, college credit, written materials, or movies or videotapes shall be submitted to the department district office for the district service area in which the foster family resides.

ITEM 13. Amend rule 441—117.6(237) as follows:

441—117.6(237) Application conference available. If anapplicant or provider of training objects in writing within seven days after the notification of the department’s decision to deny or revoke approval, the bureau chief of the bureau of adulti-children and family services service area manager shall review the decision to determine if the original decision shall stand.

The decision of the bureau chief service area manager is final and is not subject to an appeal.

Item 14. Rescind and reserve rule 441—117.8(237).

Item 15. Rescind subrule 156.18(6).

ITEM 16. Amend subrule 157.3(1) as follows:Amend paragraph “b,” subparagraph (2), numbered para

graph “2,” introductory paragraph, as follows:2. If the licensed child-placing agency believes that the

applicant should be approved despite the abuse or criminal conviction, the licensed child-placing agency shall provide copies of the child abuse report or criminal history record, Form 470-2310, Record Check Evaluation, and Form 470-2386, Record Check Decision, to the Department of Human Services, Administrator, Division of Adult, Children Behavioral, Developmental, and Family Protective Services, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa 50319-0114. Within 30 days the administrator shall determine whether the abuse or crime merits prohibition of approval and shall notify the licensed child-placing agency in writing of that decision.

Amend paragraph “c” as follows:c. Written report. The provider shall prepare a written

report of the family assessment, known as the adoptive home study, which using the PS-MAPP family profile format.

(1) The home study shall be used to approve or deny a prospective family as an appropriate placement for a special needs child or children. The family shall be notified by the provider agency in writing of the decision, and if denied, reasons for denial shall be stated.

(2) The adoptive home study shall be dated and signed by the provider adoption worker. A copy of the adoptive home study shall be provided to the family and to the department with the notification of approval or denial.

Item 17. Amend rule 441—157.4(600) as follows:Amend the introductory paragraph as follows:

441—157.4(600) Contract requirements and management. The department of human-services and the provider agency shall enter into a purchase of adoption services contract using Form SS-1501-0 470-0628, Iowa Purchase of Social Services Agency Contract—Agency Provider. The development and management of the contract including contract amendments, contract renewal and contract termination shall comply with 441—paragraph 150.2(l)“a” and rule 441—150.3(234).

Amend subrule 157.4(2) as follows:

LAB 12/11/02 FILED 907


157.4(2) Referral for purchased adoption service. To receive purchased adoption services, the child or children or the individual or family must be determined eligible and referred by the department. The department shall not make payment for purchased adoption service until eligibility is determined, and a referral is made authorizing services on Form SS-4701-0 470-0622, Referral of Client for Purchased Purchase of Social Services.

Amend subrule 157.4(3) as follows:157.4(3) Billing procedures. Billings shall be prepared

and submitted at the end of the month to the department by the provider agency on Form AA-2241-0 470-0020, Purchase of Service Provider Invoice, for contractual services provided by the agency during the month, according to 441—subrule 150.3(8).

ITEM 18. Amend subrule 200.2(3) as follows:200.2(3) Forms. The Adoptive Child’s Medical and So

cial History, Form SS-6706, Forms 470-3615, Background Report Part 1, and 470-3698, Background Report Part 2, shall be completed for all children who are adopted under Iowa Code chapter 600. All forms used to execute a release of custody shall comply with the requirements of Iowa Code chapters 600 and 600A.

Item 19. Amend rule 441—200.4(600) as follows:Amend subrule 200.4(1) as follows:Amend paragraph “b,” fifth unnumbered paragraph, as

follows:The evaluation and decision shall be made by the regional

administrator service area manager or designee. Within 30 days of receipt of the completed Form 470-2310, the regional administrator or designee department shall mail to the individual on whom the evaluation was completed Form 470-2386, Record Check Decision, which explains the decision reached regarding the evaluation of an abuse or crime. Form 470-2386, Record Check Decision, shall also be issued when an applicant fails to complete the evaluation form within the ten-calendar-day specified time frame.

Amend paragraph “c” as follows:c. Written report. The worker shall prepare a written re

port of the family assessment, known as the adoptive home study, using Form RC-0025, Home-Study Format the PS- MAPP family profile format. The worker shall use the home study to approve or deny a prospective family as an appropriate placement for a child or children. The department adoption worker and supervisor shall date and sign the adoptive home study.

The worker shall notify the family of the decision using Form SS-6104-0 470-0745, Adoption Notice of Decision, and, if the worker denies does not approve the placement home study, shall state the reasons for denial on the notice. The worker shall provide the family a copy of the adoptive home study with the notification of approval or denial.

Amend subrule 200.4(4), paragraph “a,” as follows:a. Completion of at least 4230 hours of the department’s

designated preservice training for foster parents, 12-hours ofthe department’s designated adoption training “Partnering for Safety and Permanence: Model Approach to Partnership in Parenting” (PS-MAPP)T and the self-study course, “Universal Precautions in Foster and Adoptive Family Homes, ” prior to before placement of a child. These training requirements apply to families who are adopting special needs children who are under the guardianship of the department.

(1) Foster parents licensed before December 31, 2002, who have been caring for a foster child in their home for at least six months and who have been selected to adopt that

child may have their participation in adoption training waived by the human- services area administrator service area manager or designee.

(2) Relatives who have cared for a related child for at least six months and who have been selected to adopt that relative related child may have their participation in the departments PS-MAPP preservice training for foster parents or the designated training waived by the human services area administra- ter service area manager or designee.

(3) Adoptive families approved for adoption prior to June 1,-1997, shah-net be required to complete the department’sdesignated adoption trainingr PS-MAPP is waived for individuals who complete 12 hours of the department’s designated preservice training for foster parents and 12 hours of the department’s designated adoption training between July 1, 2001, and December 31, 2002, and submit an application to the department by March 30, 2003.

(4) If the family is adoptive parents are accepting placement of a child who is at high risk of becomingT or is HIV positive, they shall also complete the “Caring for Children with HIV” course.

(5) Applicants must retake PS-MAPP if the adoption approval process is not completed within 24 months after PS-MAPP is initially completed.

Amend subrule 200.4(6), unnumbered paragraph, as follows:

Prior to Before placement of a child, the Agreement of Placement for Adoption, Form SS-662-3 470-0761, shall be signed by all parties.

Amend subrule 200.4(7), paragraph “b,” unnumbered paragraph, as follows:

Home visits shall be completed at a minimum as follows: one no later than 30 days after placement, one no later than 90 days after placement, and a final visit prior to before requesting a consent to adopt. Supervisory reports based on observations shall be completed after the home visits using Form SS-6713 470-0773, Supervisory Report.

Item 20. Amend rule 441—200.15(600), introductory paragraph, as follows:441—200.15(600) Requests for information for other than research or treatment. Requests for information from department adoption records for other than research or treatment shall be made to the Department of Human Services, Division of Adult, Children Behavioral, Developmental, and Family Protective Services, Adoption Program, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa 50319-0114.



ARC 2159B


Adopted and Filed

Pursuant to the authority of Iowa Code section 249H.4, the Department of Human Services amends Chapter 161, “Iowa Senior Living Trust Fund,” Iowa Administrative Code.

908 FILED IAB 12/11/02

HUMAN SERVICES DEPARTMENT[441] (cont ’ d)

These amendments clarify that nursing facilities participating in the funding of the Iowa Senior Living Trust Fund are allowed the $5,000 administration fee each state fiscal year. The amendments also correct a Department address that has changed due to restructuring and update the implementation references to reflect the codification of the authorizing legislation, 2000 Iowa Acts, chapter 1004.

These amendments do not provide for waivers in specified situations because the administration fee should be uniform for each participating facility.

Notice of Intended Action on these amendments was published in the Iowa Administrative Bulletin on October 2,2002, as ARC 2037B. The Department received no comments on the Notice. These amendments are identical to those published under Notice of Intended Action.


These amendments are intended to implement Iowa Code chapter 249H.


The following amendments are adopted.Item 1. Amend the parenthetical implementation refer

ence for rules 441—161.1(78GA,SF2193) through 441— 161.4(78GA,SF2193) as follows:

(78GA,SF21-93 249H)Item 2. Amend subrule 161.4(1) as follows:161.4(1) Participation agreement. Iowa government-

owned nursing facilities participating in the Iowa Medicaid program and wishing to participate in the funding of the senior living trust fund shall contact the Department of Human Services, Division of Medical Services, Office of Deputy Director for Policy, Fifth Floor, 1305 E. Walnut Street, Des Moines, Iowa 50319-0114, for information regarding the conditions of participation. Upon acceptance of the conditions of participation, the facility shall sign Form 470-3763, Participation Agreement.

Item 3. Amend subrule 161.4(2) as follows:161.4(2) Reimbursement. Upon acceptance of the partic

ipation agreement, the department shall authorize increased reimbursement to the participating facility for nursing facilities services provided under the Medicaid program. The facility shall retain $5,000 of the additional reimbursement received per agreement as a-processing payment and during each state fiscal year as an administration fee. The facility shall refund the remainder of the additional reimbursement through intergovernmental transfer to the department for deposit of the federal share (less the $5,000 retained by the facility) in the Iowa senior living trust fund and the nonfederal share of-money in the medical assistance appropriation.

Item 4. Amend 441—Chapter 161, implementation clause, as follows:

These rules are intended to implement 2000 Iowa Acts, Senate File 2193, sections 4 and 5 Iowa Code chapter 249H.



ARC 2184B


Adopted and Filed

Pursuant to the authority of Iowa Code section 455A.5, the Natural Resource Commission hereby amends Chapter 98, “Wild Turkey Spring Hunting,” Iowa Administrative Code.

These rules give the regulations for hunting wild turkeys during the spring and include season dates, bag limits, possession limits, shooting hours, areas open to hunting, licensing procedures, means and method of take and transportation tag requirements. The amendments clarify the definition of a legal weapon for bow hunting and the definition of a farm unit.

Notice of Intended Action was published in the Iowa Administrative Bulletin on September 4,2002, as ARC 1954B. One public comment was received during the public comment period. The Iowa Black Powder Federation requested that hunters using muzzleloaders be allowed to hunt during all four seasons. The final adopted amendments are unchanged from the Notice of Intended Action.

These amendments are intended to implement Iowa Code sections 481A.38, 481A.39, 481A.48 and 483A.7.


The following amendments are adopted.Item 1. Amend subrule 98.2(1) by rescinding para

graphs “a” and “b” and adopting new paragraphs “a” and “b” in lieu thereof:

a. Combination shotgun-or-archery license. Wild turkey may be taken by shotgun or muzzleloading shotgun not smaller than 20-gauge and shooting only shot sizes number 2 or 3 nontoxic shot or number 4,5,6, V/z, or 8 lead or nontoxic shot; and by bow and arrow as defined in paragraph 98.2(l)“b.” A person shall not have shotshells containing shot of any size other than number 2 or 3 nontoxic shot or number 4,5, 6, V/z, or 8 lead or nontoxic shot on the person while hunting wild turkey.

b. Archery-only license. Only bows and arrows meeting the following criteria will be permitted for hunting wild turkey:

(1) Only longbows, flat bows, recurve bows, compound bows or any combination of these designs that are hand-held and at least 30 inches long will be permitted. The propulsive energy for launching an arrow must derive solely from the bending and recovery of two limbs of the bow.

(2) The bow must be hand-drawn and held at all parts of the drawing cycle by a single, uninterrupted pulling action using only the muscle power of the shooter’s body until release. Release of the arrow must be by a conscious action of the shooter, either by relaxing tension of the fingers or triggering a hand-held release aid. No portion of the bow’s riser (handle) or any trough, track, channel or other device that attaches directly to the bow’s riser shall contact, support or guide the arrow from a point rearward to the bow’s brace height.

(3) The following are prohibited: Crossbows; any device with a gun-type stock; any device that holds the bowstring at partial or full draw without the shooter’s muscle power; any device that derives the energy to propel the arrow from a hydraulic, pneumatic, mechanical or similar device other than the mechanical advantage provided by eccentric wheels or

LAB 12/11/02 FILED 909


cams where energy to propel the arrow comes from the pulling effort of the shooter.

(4) A hunting arrow must be at least 20 inches in length measured from the point of the broadhead to the rearward tip of the nock, have fletching attached to the aft end and weigh no less than 300 grains. No poison, drug or explosive device shall be attached to the arrow.

(5) A hunting broadhead must possess two or more fixed or movable sharp cutting edges that can be sharpened or replaced, be at least 7/8 inch wide at the widest point of the cutting edges, and weigh at least 70 grains.

(6) Blunthead arrows may also be used if they weigh at least 300 grains, are at least 20 inches in length measured from the point of the blunthead to the rearward tip of the nock, and have a minimum diameter at the head of 9/16 inch.

Item 2. Amend subrule 98.6(1) as follows:98.6(1) Who qualifies for a free turkey hunting license.

Owners or tenants of a farm unit, or a member of an owner’s or tenant’s family that resides with the owner or tenant, are eligible for free turkey hunting licenses. The owner or tenant does not have to reside on the farm unit but must be actively engaged in farming it. Nonresident landowners do not qualify. For purposes of obtaining a free turkey hunting license, all the land under the lawful control of a landowner and eligible family members or a tenant and eligible family members shall be considered as one farm unit, regardless of how that land is subdivided for agricultural or business purposes.


EDITOR’S Note: For replacement pages for LAC, see IAC Supplement 12/11/02.

ARC 2150B

PUBLIC HEALTH DEPARTMENT[641]

Adopted and Filed

Pursuant to the authority of Iowa Code section 135.37, the Department of Public Health hereby amends Chapter 22, “Practice of Tattooing,” Iowa Administrative Code.

Iowa Code section 135.37 directs the Department to adopt rules that establish minimum safety and sanitation criteria for the operation of tattooing establishments. The Department adopted rules in 1989 and amended them in 1993.

The purpose of these amendments is to clarify and provide additional infection control procedures and to facilitate the performance of inspections by county health officials.

Notice of Intended Action was published in the Iowa Administrative Bulletin on October 2,2002, as ARC 2016B. A public hearing was held on October 22, 2002. No public comment was received. These amendments are identical to those published under Notice.

The State Board of Health adopted these amendments on November 13, 2002.

These amendments will become effective on January 15, 2003.

These amendments are intended to implement Iowa Code sections 135.37 and 135.38.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the

Iowa Administrative Bulletin, September 10,1986, the text of these amendments [22.1 to 22.7] is being omitted. These amendments are identical to those published under Notice as ARC 2016B, IAB 10/2/02.


[For replacement pages for LAC, see LAC Supplement12/11/02.]

ARC 2148B

PUBLIC HEALTH DEPARTMENT [641]

Adopted and Filed

Pursuant to the authority of Iowa Code section 136C.3, the Department of Public Health hereby amends Chapter 38, “General Provisions for Radiation Machines and Radioactive Materials”; Chapter 39, “Registration of Radiation Machine Facilities, Licensure of Radioactive Materials and Transportation of Radioactive Materials”; Chapter 40, “Standards for Protection Against Radiation”; Chapter 41, “Safety Requirements for the Use of Radiation Machines and Certain Uses of Radioactive Materials”; and Chapter 45, “Radiation Safety Requirements for Industrial Radiographic Operations,” Iowa Administrative Code.

The following itemize the adopted changes.Items 1, 3,9, 21, and 64 amend the rules to reflect current

federal regulations.Items 2,10, and 22 amend and add definitions in order to

meet NRC compatibility requirements.Items 4,7,11,13 to 19,24 to 29,31,32,34 to 39,42 to 45,

51, 57,58, 61, 65, and 66 change or add wording, or both, in order to meet NRC compatibility requirements.

Items 5,12,30, and 33 expand the wording for clarity and correct errors in order to meet NRC compatibility requirements.

Items 6, 8, 23,40, 41,54, 56,60, 62, and 68 rescind all or parts of the current subrules and adopt new subrules or paragraphs in order to meet NRC compatibility requirements.

Items 20, 43, and 45 add new subrules or paragraphs to meet an NRC compatibility requirement.

Items 46,47,48,49,50,52,53,55, and 64 are amended to include remote afterloaders or gamma stereotactic radiosurgery units or both. This is an NRC compatibility requirement.

Items 54,56,58,59,60,61,62,63, 65, and 68 rescind the current wording and adopt new wording in order to meet NRC compatibility requirements.

Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on October 2, 2002, as ARC 2009B. A public hearing was held on October 22,2002. There were no persons in attendance at the hearing. Three sets of written comments were received, reviewed, and incorporated as appropriate. The changes made from the Notice of Intended Action are listed below.

1. In Item 2, an amendment to the definition of “misadministration” has been added since the Notice to address radiation machines only. The definition of “reportable medical event” as amended in the Notice addresses the administration of by-product material or radiation from by-product

910 FILED IAB 12/11/02

PUBLIC HEALTH DEPARTMENT[641 ] (cont ’ d)

material. Therefore, the two definitions will not be in conflict and will still meet the NRC compatibility requirements.

The definition of “misadministration” now reads as follows:

“‘Misadministration’ means the administration of:“1. Radiation doses received from linear accelerator ther

apy, deep X-ray machine therapy or superficial therapy; involving the wrong patient or human research subject, wrong mode of treatment or wrong treatment site;

“When the treatment consists of three or fewer fractions and the calculated total administered dose differs from the total prescribed dose by more than 10 percent of the total prescribed dose;

“When the calculated weekly administered dose is 30 percent greater than the weekly prescribed dose; or

“When the calculated total administered dose differs from the total prescribed dose by more than 20 percent of the total prescribed dose.

“2. A diagnostic radiopharmaceutical dosage, other than quantities greater than 30 microcuries of either sodium iodide 1-125 or 1-131, both:

“Involving the wrong patient or human research subject, wrong radiopharmaceutical, wrong route of administration; or when the administered dosage differs from the prescribed dosage; and

“When the dose to the patient or human research subject exceeds 5 rem effective dose equivalent or 50 rem dose equivalent to any individual organ.”

2. In Item 2, in the definitions of “atmosphere-supplying respirator” and “supplied-air respirator,” the acronym “(SRA)” was corrected to “(SAR).”

3. In Item 6, the acronym “NRC” in the phrase “NRC jurisdiction” in 39.4(22)“d”(3)“13,” the fourth bullet, was replaced with the phrase “this agency’s jurisdiction” to change the requirement from NRC jurisdiction to Iowa jurisdiction. The bulleted paragraph now reads as follows:

“• Persons generally licensed by this agency under 39.4(22)“d”(3)“13” or an agreement state are not subject to registration requirements of 39.4(22)“d”(3)“13” if the devices are used in areas subject to this agency’s jurisdiction for a period of less than 180 days in any calendar year. The agency will not request registration information from such licensees;”

4. In Item 7, the wording for the label in 39.4(29)“d”(l)“3,” the third bullet, was changed from “distributor” to “initial transferor” to be consistent with the rest of the changes within Item 7.

5. In Item 8, the phrase in 39.4(29)“d”(4)“2” was changed from “agreement state” to “the NRC or agreement state” in order to include NRC-regulated states. The numbered paragraph now reads as follows:

“2. If radioactive material is to be transferred in a device for use under an equivalent general license of the NRC or an agreement state, each person that is licensed under 39.4(29)“d” shall provide the information specified in this paragraph to each person to whom a device is to be transferred. In the case of a transfer through an intermediate person, the information must also be provided to the intended user prior to initial transfer to the intermediate person. The required information includes:”

6. In Item 18, the word “exposures” was stricken and the word “doses” was added in 40.50(l)“c”(l) to meet NRC compatibility requirements. The subparagraph now reads as follows:

“(1) Air sampling sufficient to identify the potential hazard, permit proper equipment selection, and estimate doses;”

7. In Item 20, the parenthetical phrase in 40.117(l)“a”(4) was changed from “(proposed provision)” to correctly read “(or proposed provision).” The subparagraph now reads as follows:

“(4) Testifying in any agency proceeding, or before Congress, or at any federal or state proceeding regarding any provision (or proposed provision) of federal statutes or these rules;”

8. In Item 48, in 41.2(50)“a,” the phrase “or the shielding around the source(s)” was changed to correctly read “or reduce the shielding around the source(s)”; in 41.2(50)“b,” the phrase “or source contained in other remote units” was changed to correctly read “or source contained in other remote afterloader units”; and in 41.2(50)“d,” the phrase “repair of remote afterloader teletherapy units and gamma stereotactic radiosurgery units” was changed to correctly read “repair of remote afterloader units, teletherapy units and gamma stereotactic radiosurgery units.” Paragraphs 41.2(50)“a,” “b” and “d” now read as follows:

“a. Only a person specifically licensed by the NRC or an agreement state shall install, maintain, adjust, or repair a remote afterloader unit, teletherapy unit, or gamma stereotactic radiosurgery unit that involves work on the source shielding, the source(s) driving unit, or other electronic or mechanical component that could expose the source(s), or reduce the shielding around the source(s), or compromise the radiation safety of the unit or the source(s).

“b. Except for low-dose-rate remote afterloader units, only a person specifically licensed by the NRC or an agreement state shall install, replace, relocate, or remove a sealed source or source contained in other remote afterloader units, teletherapy units, or gamma stereotactic radiosurgery units.

“d. A licensee shall retain a record of the installation, maintenance, adjustment, and repair of remote afterloader units, teletherapy units and gamma stereotactic radiosurgery units for three years. The record must include the date, description of the service, and the name of the individual who performed the work.”

9. In Item 49, in 41.2(52)“a”(4), the phrase “in the shielding position” was changed to correctly read “in the shielded position” and the phrase “from the field” was changed to correctly read “from the radiation field.” The subparagraph now reads as follows:

“(4) Develop, implement, and maintain written procedures for responding to an abnormal situation when the operator is unable to place the source in the shielded position, or to remove the patient or human research subject from the radiation field with controls from outside the treatment room. These procedures must include:”

10. In Item 50, in 41.2(53)“d,” the phrase “or equip each treatment room with intercom systems” was changed to correctly read “or equip each treatment room with viewing and intercom systems.” The paragraph now reads as follows:

“d. Except for low-dose-rate remote afterloader units, a licensee shall construct or equip each treatment room with viewing and intercom systems to permit continuous observation of the patient or human research subject from the treatment console during irradiation.”

11. In Item 51, the word “calibrating” in 41.2(57)“a”(2), the fourth sentence, which should not have been stricken, has been reinserted. The sentence now reads as follows:“When intercomparing dosimetry systems to be used for calibrating sealed sources for therapeutic units, the licensee shall use a comparable unit with beam attenuators or collimators, if applicable, and sources of the same radionuclide as the source used at the licensee’s facility.”

LAB 12/11/02 FILED 911

PUBLIC HEALTH DEPARTMENT[641](cont’d)

12. In Item 54, in 41.2(60)“a,” the phrase “from the surface of the main source with the source in the shielded position” was changed to correctly read “from the surface of the main source safe with the source in the shielded position.” The paragraph now reads as follows:

“a. In addition to the survey requirements in 641— 40.36(136C), a person licensed under 641—41.2(136C) shall make surveys to ensure that the maximum radiation levels and average radiation levels from the surface of the main source safe with the source in the shielded position do not exceed the levels stated in the Sealed Source and Device Registry.”

13. The amendments in Items 58, 59, 60, 61, 62, 63, 64, and 65 of the Notice were not adopted. The NRC is reviewing the changes in the requirements and will not require compatibility at this time. Items 66 through 83 of the Notice were renumbered as Items 58 through 75.

14. In Item 62, the last word in the title in 41.2(83)“b” was changed from “Subject” to “Subjects.” Wording in 41.2(83)“c,” first sentence, was changed from “or regulated by another federal agency that has the Federal Policy” to correctly read “or regulated by another federal agency that has implemented the Federal Policy”; and, at the end of the second sentence, the phrase “before research” was changed to correctly read “before conducting research.” Paragraph “c,” introductory paragraph, now reads as follows:

“c. If the research will not be conducted, funded, supported, or regulated by another federal agency that has implemented the Federal Policy, the licensee shall, before conducting research, apply for and receive a specific amendment to its medical use license. The amendment request must include a written commitment that the licensee will, before conducting research:”

15. The cross reference in 41.2(85)“a” was changed from “41.2(85)” to correctly read “41.2(84).”

The State Board of Health adopted these amendments on November 13, 2002.


These amendments are intended to implement Iowa Code chapter 136C.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10,1986, the text of these amendments [amendments to Chs 38 to 41,45] is being omitted. With the exception of the changes noted above, these amendments are identical to those published under Notice as ARC 2009B, IAB 10/2/02.



ARC 2151B

PUBLIC HEALTH DEPARTMENT[641]

Adopted and Filed

Pursuant to the authority of Iowa Code section 135.102, the Department of Public Health hereby rescinds Chapter 72, “Childhood Lead Poisoning Prevention Program,” Iowa Ad

ministrative Code, and adopts a new Chapter 72 with the same title.

Iowa Code section 135.102 directs the Department to adopt rules regarding the implementation of the childhood lead poisoning prevention grant program and the standards and program requirements of the childhood lead poisoning prevention grant program pursuant to section 135.103. The Department adopted rules in 1987 and made minor revisions to the rules in 2001.

The new chapter incorporates the concept of providing funding to “approved” programs as specified in Iowa Code section 135.103 by defining an approved program as a program that is immediately prepared to provide the services outlined in subrule 72.2(3) and by specifying the process by which a local board of health or a group of local boards of health can be granted status as an approved program. The new chapter also specifies that an application for status as an approved program must represent a geographic area with a population of at least 15,000. This is necessary to achieve efficiency in data management and in the provision of elevated blood lead (EBL) inspections. The new chapter specifies that state funds shall be provided to approved programs on the basis of a formula that predicts the burden of childhood lead poisoning in the geographic area of the approved program and that federal funds shall be provided to approved programs on the basis of the same formula unless a different method is mandated by the federal agency providing the funding. The new chapter is consistent with Action Step 6-8.1 of “Healthy Iowans 2010,” which proposes that the Department initiate additional local childhood lead poisoning prevention programs and continue to support existing programs so that, by January 2005, these programs will be available in all 99 counties.

State funds appropriated for local childhood lead poisoning prevention programs are used to leverage $800,000 of federal funds from the Centers for Disease Control and Prevention (CDC). In the application to CDC for funds, the Department must provide the names of all local agencies that are proposed to receive state and federal funds and the detailed budget and work plan for each local agency. The Department must know by January 1 of each year the names of the local agencies that it proposes will receive funds in order to prepare the application for CDC funds and submit it by the usual deadline of March 15. In order to meet the requirements and timelines for the CDC funding that the Department is eligible to receive for the program year of July 1,2003, through June 30, 2004, the new chapter specifies that the 76 counties receiving funding for the current program year of July 1,2002, through June 30, 2003, will be considered approved programs that will receive funding for the program year of July 1, 2003, through June 30, 2004. The current contractors for each county will continue to receive funding for the program year of July 1, 2003, through June 30, 2004, unless the local board requests otherwise by March 1,2003. For the program year of July 1,2004, through June 30,2005, each local board of health that wishes to receive funding must apply for status as an approved program by December 1, 2003. In future years, each local board of health that wishes to receive funding must apply for status as an approved program by December 1 to receive funding for the following program year. The Department will provide a minimal level of childhood lead poisoning prevention services in the counties that do not have status as approved programs. The Department will also provide technical assistance and training to all counties that wish to achieve status as approved programs.

Notice of Intended Action was published in the Iowa Administrative Bulletin on October 2,2002, as ARC 2007B. A

912 FILED IAB 12/11/02

PUBLIC HEALTH DEPARTMENT[641](cont’d)

public hearing was held on October 22, 2002. No public comment was received. Two revisions were made in response to staff input. Subrule 72.2(2) was changed to state that an individual local board of health may submit or be included in only one application for status as an approved program. The subrule now reads as follows:

“72.2(2) A local board wishing to apply for status as an approved program shall make application to the Iowa department of public health by December 1 of each year, beginning on December 1, 2003, for the program year of July 1, 2004, through June 30, 2005. An individual local board of health may submit or be included in only one application for status as an approved program An application for status as an approved program must follow the format which will be made available from the Lead Poisoning Prevention Program, Iowa Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075. All materials submitted as part of the application for status as an approved program are public records.”

New subrule 72.3(5) was added to specify the procedure that the Department will use to reallocate unused funds to approved programs with demonstrated special needs for childhood lead poisoning prevention services, the new subrule reads as follows:

“72.3(5) On January 1, April 1, and June 1 of each year, the department shall ask each approved program to estimate the amount of funds that the approved program will not use. The department may allocate these funds to approved programs with demonstrated special needs for childhood lead poisoning prevention services.”

The State Board of Health adopted these rules on November 13, 2002.

These rules will become effective on January 15, 2003.These rules are intended to implement Iowa Code sections

135.100 to 135.105.EDITOR’S NOTE: Pursuant to recommendation of the

Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10,1986, the text of these rules [Ch 72] is being omitted. With the exception of the changes noted above, these rules are identical to those published under Notice as ARC 2007B, IAB 10/2/02.


[For replacement pages for LAC, see LAC Supplement12/11/02.]

ARC 2149B

PUBLIC HEALTH DEPARTMENT [641]

Adopted and Filed

Pursuant to the authority of Iowa Code section 144.3 and 2002 Iowa Acts, House File 2190, section 2, the Department of Public Health hereby amends Chapter 100, “Establishment of New Certificates of Birth,” Iowa Administrative Code.

The rules in Chapter 100 describe when a new certificate of birth will be established and the documentation required to establish a new certificate of birth. This amendment pertains to establishing a new certificate of birth following a foreign adoption.

This amendment was Adopted and Filed Emergency and published as ARC 2002B on September 18,2002, with an effective date of August 28, 2002. This amendment was also simultaneously published under Notice of Intended Action as ARC 1969B to allow for public comment. A public hearing was held on October 8, 2002, and no written or oral comments were received.

The State Board of Health adopted this amendment on November 13, 2002.

This amendment is intended to implement 2002 Iowa Acts, House File 2190, section 2.

This amendment shall become effective on January 15, 2003, at which time the Adopted and Filed Emergency amendment is hereby rescinded.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10,1986, the text of this amendment [100.3] is being omitted. This amendment is identical to that published under Notice as ARC 1969B and Adopted and Filed Emergency as ARC 2002B, IAB 9/18/02.



IOWA ADMINISTRATIVE BULLETIN Customer Service Center Department of General Services Hoover State Office Building, Level A Des Moines, Iowa 50319

PRSRT STD U.S. Postage

PAIDDes Moines, Iowa Permit No. 1195

Documents

Iowa Legislature. / '&% 0 &% 1#$ 2222222222222222222222222222222222222222222 & %# # $ 3 '& 22222222222222222222222222222222222222222222222 " (' #$# #4 &% $ ) 5