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    Bulletin 01-11-2023

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    ARC 6804CAgriculture and Land Stewardship Department[21]Notice of Intended Action

    Proposing rule making related to biodiesel blended fuel between B-20 and B-99 and providing an opportunity for public comment

        The Agriculture and Land Stewardship Department (Department) hereby proposes to amend Chapter 85, “Weights and Measures,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 214A.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 214A.2.Purpose and Summary    This proposed rule making adds an Iowa-specific standard for biodiesel blended fuel classified as higher than B-20 but less than B-99 using ASTM International standards by reference. As a result of establishing the standard, at the beginning of 2023, the Department of Revenue will be enabled to offer two new tax credits that were established by the Legislature in 2022.    Currently, the Department relies on standards from ASTM; however, none currently exist for biodiesel blends between B-20 and B-99. This proposed rule making adopts existing ASTM standards by reference for both biodiesel and diesel.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.Public Comment    Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 31, 2023. Comments should be directed to:Colin Tadlock Iowa Department of Agriculture and Land Stewardship Wallace State Office Building 502 East 9th Street Des Moines, Iowa 50319 Phone: 515.518.7609 Email: colin.tadlock@iowaagriculture.govPublic Hearing    No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Emergency Rule Making Adopted by Reference    This proposed rule making is also published herein as an Adopted and Filed Emergency rule making (see ARC 6805C, IAB 1/11/23). The purpose of this Notice of Intended Action is to solicit public comment on that emergency rule making, whose subject matter is hereby adopted by reference.

        ITEM 1.    Rescind rule 21—85.33(214A,208A) and adopt the following new rule in lieu thereof:

    21—85.33(214A,208A) Motor fuel and antifreeze tests and standards.      85.33(1)   In the interest of uniformity, the tests and standards for motor fuel, including but not limited to renewable fuels such as ethanol blended gasoline, biodiesel, biodiesel blended fuel, and components such as an oxygenate, raffinate natural gasoline and motor vehicle antifreeze shall be those established by the ASTM international in effect on December 1, 2022, with the following exceptions:    a.    Biodiesel blended fuel classified as higher than B-20 but less than B-99.    b.    Tests and standards that are otherwise required by statute.    85.33(2)   The components used to produce biodiesel blended fuel classified as higher than B-20 but less than B-99 must meet the following department standards:    a.    The biodiesel must meet ASTM international specification D6751.    b.    The diesel must meet ASTM international specification D975.    85.33(3)   Diesel fuel which does not comply with ASTM international specifications may be blended with biodiesel, additives, or other diesel fuel so that the finished blended product does meet the applicable specifications.    85.33(4)   Motor fuel that contains more than one-half of 1 percent of methyl tertiary butyl ether (MTBE) by volume shall not be sold, offered for sale, or stored in Iowa.       This rule is intended to implement Iowa Code sections 208A.5, 208A.6, 214A.2, and 215.18.    ARC 6803CAgriculture and Land Stewardship Department[21]Notice of Intended Action

    Proposing rule making related to the grain indemnity fund and providing an opportunity for public comment

        The Agriculture and Land Stewardship Department hereby proposes to amend Chapter 93, “Grain Indemnity Fund Board—Organization and Operations,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 159.5 and 203D.4.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 203D.5.Purpose and Summary    This proposed rule making rescinds the rule that prohibits the Grain Indemnity Fund Board from instituting the participation fees and assessments for the Grain Indemnity Fund. Per statute, if the Fund balance falls below $3 million, the Board is required to reinstate the fees no later than May 1 and begin collecting the fees on the following July 1. As of December 14, 2022, the Department estimates that outstanding claims will drop the Fund balance below $3 million and the assessment will need to be reinstated by the Board.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.Public Comment    Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 31, 2023. Comments should be directed to:Colin Tadlock Iowa Department of Agriculture and Land Stewardship Wallace State Office Building 502 East 9th Street Des Moines, Iowa 50319 Phone: 515.518.7609 Email: colin.tadlock@iowaagriculture.govPublic Hearing    No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making action is proposed:

        ITEM 1.    Rescind and reserve rule 21—93.8(203D).    ARC 6806CAgriculture and Land Stewardship Department[21]Notice of Intended Action

    Proposing rule making related to hemp and providing an opportunity for public comment

        The Agriculture and Land Stewardship Department hereby proposes to amend Chapter 96, “Hemp,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 204.3.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 204 as amended by 2022 Iowa Acts, House File 2380.Purpose and Summary    This proposed rule making implements changes that were made to the Department’s hemp program during the 2022 Legislative Session. Under the new law, producers can be licensed to grow up to 320 acres of hemp; they were previously limited to 40 acres. These proposed amendments reflect the new 320-acre limit, update the fee structure accordingly, increase transparency, and update the sampling methodology to ensure a 95 percent confidence interval for testing of delta-9 tetrahydrocannabinol (THC).Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.Public Comment    Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 31, 2023. Comments should be directed to:Colin Tadlock Iowa Department of Agriculture and Land Stewardship Wallace State Office Building 502 East 9th Street Des Moines, Iowa 50319 Phone: 515.518.7609 Email: colin.tadlock@iowaagriculture.govPublic Hearing    No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Emergency Rule Making Adopted by Reference    This proposed rule making is also published herein as an Adopted and Filed Emergency rule making (see ARC 6807C, IAB 1/11/23). The purpose of this Notice of Intended Action is to solicit public comment on that emergency rule making, whose subject matter is hereby adopted by reference.

        ITEM 1.    Amend rule 21—96.1(204), definition of “Crop site,” as follows:        "Crop site" "site" means a single contiguous parcel of land suitable for the planting, growing, or harvesting of hemp, if the parceltract of land does not exceed 40320 acres. All the area within the contiguous parceltract is part of the crop site. Unplanted areas, including spacing between planted rows, are part of the crop site for purposes of determining the size of a parcelsite. The crop site shall not be a dwelling.

        ITEM 2.    Rescind rule 21—96.5(204) and adopt the following new rule in lieu thereof:

    21—96.5(204) Fees.  The department shall impose, assess, and collect fees, which shall be paid by a licensee. All fees shall be collected by the department before the department takes any action for which the fee is applicable. All fees are nonrefundable. All inspection fees shall include the collection of an official sample and an official laboratory test of that sample. Fees are set as follows:TABLE 1CROP SITE LICENSE FEESAcresLicense Fee0 - 5$500 + $5 per acrePaid at application5.1 - 10$750 + $5 per acre10.1 - 320$1,000 + $5 per acreTABLE 2INSPECTION FEESPrimary Inspection Fee$500Paid at applicationSecondary Inspection Fee$500Paid upon inspection requestSupplemental Inspection Fee$150Paid upon inspection requestRemediation Inspection Fee$500Paid upon inspection requestTABLE 3RETESTING FEERetesting Fee$150Paid upon retesting request    96.5(1) Fees paid at time of license application.  The license fee and primary inspection fee shall be paid prior to acceptance of a license application. License fees shall be based on the number of acres in a crop site. A primary inspection fee shall secure a preharvest inspection of one lot or sub-lot.     96.5(2) Fees for preharvest inspection of additional hemp lots and sub-lots.  A licensee may request official sampling of additional lots and sub-lots. All inspection fees shall be paid prior to performance of any official test.    a.    If the additional preharvest inspection is to occur at the same time as the primary preharvest inspection, then a supplemental inspection fee shall be paid for each additional lot or sub-lot to be inspected.    b.    If the additional preharvest inspection is to occur on a different day than the primary preharvest inspection, then the licensee shall pay a secondary inspection fee for the first lot or sub-lot to be inspected, and each lot or sub-lot after that shall each be assigned a supplemental inspection fee.     96.5(3) Retesting fee.  A licensee may request a single retest of a preharvest sample previously collected for a lot or sub-lot if the licensee believes the original official laboratory test result was in error. The licensee may not request the collection of a new sample. The licensee requesting the retest of the sample shall pay the retesting fee prior to performance of official retest.    96.5(4) Remediation inspection fee.  A licensee may request a single post-remediation sample for a lot or sub-lot if the licensee receives permission from the department to remediate a crop with an official test result that exceeds the acceptable hemp THC concentration. The remediation inspection fee shall be paid prior to performance of official test.

        ITEM 3.    Amend subrule 96.7(9) as follows:    96.7(9)   The official sample collected by the department shall consist of approximately 2-inch cuttings of flowering material, meaning inflorescences (the flower of bud of plant), from the top one-third of the plant, based on the following table:TABLE 4NUMBER OF PLANTS SAMPLED, BASED ON LOT AND SUB-LOT ACREAGE SIZENumber of acresNumber of plants sampledNumber of acresNumber of plants sampledNumber of acresNumber of plants sampledNumber of acresNumber of plants sampled11 - 10101181 - 90116921161 - 1702010831241 - 25029136211 - 2010191291 - 100127522171 - 1802111232251 - 26029139321 - 30102713101 - 110138123181 - 1902211633261 - 27030142431 - 40103514111 - 120148624191 - 2002312034271 - 28031145541 - 50104315121 - 130159125201 - 2102412335281 - 29032147651 - 60105016131 - 140169526211 - 2202412736291 - 30033150761 - 70105717141 - 1501710027221 - 2302513037301 - 31034152871 - 80106318151 - 1601810428231 - 2402613338311 - 320341559101918292739351010201930284036This table reflects a sampling scheme with a 95 percent confidence interval that no more than 1 percent of the plants in each lot would exceed the acceptable hemp THC concentration.    ARC 6808CHuman Services Department[441]Notice of Intended Action

    Proposing rule making related to managed care and providing an opportunity for public comment

        The Human Services Department hereby proposes to rescind Chapter 73, “Managed Care,” Iowa Administrative Code, and to adopt a new Chapter 73 with the same title.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 249A.4.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 249A.4.Purpose and Summary    Chapter 73 was reviewed as part of the Department’s five-year review of rules. For ease of review and adoption, the Department is proposing to rescind and replace the entire chapter. Proposed changes include updates to the definitions to include the terms “managed care plan,” “managed care organizations” and “prepaid ambulatory health plan.” In addition, proposed revisions add correct terminology, update federal and state citations and regulations and align federal and contract provisions. Proposed changes include using the term “dental wellness plan” when the provision applies to prepaid ambulatory health plans. The spelling for the Hawki program is also proposed to be updated.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217). Public Comment     Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 31, 2023. Comments should be directed to: Nancy Freudenberg Department of Human Services Hoover State Office Building, Fifth Floor 1305 East Walnut Street Des Moines, Iowa 50319-0114 Email: appeals@dhs.state.ia.us Public Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making action is proposed:

        ITEM 1.    Rescind 441—Chapter 73 and adopt the following new chapter in lieu thereof: CHAPTER 73TITLE VIIIMEDICAL ASSISTANCEMANAGED CARE    PreambleThis chapter provides that most Iowa medical assistance program benefits will be provided through managed care. Notwithstanding any provisions of 441—Chapters 74 through 91, program benefits shall be provided through managed care as provided in this chapter. The program benefits provided through managed care will be paid for by the managed care plan participating in the program pursuant to this chapter, subject to the conditions, procedures, and payment rates or methodologies established by the managed care plan, consistent with this chapter and with the contract between the department and the managed care plan.Implementation of managed care pursuant to this chapter is subject to approval by the Secretary of the United States Department of Health and Human Services (Secretary) of any Iowa state plan amendments and any waivers of the requirements of Title XIX of the Social Security Act that are required to allow for federal funding. This chapter shall be construed to comply with all requirements for federal funding under Title XIX of the Social Security Act or under the terms of any applicable waiver granted by the Secretary. To the extent this chapter is inconsistent with any applicable federal funding requirement under Title XIX or the terms of any applicable waiver, the requirements under Title XIX or the terms of the waiver shall prevail.

    441—73.1(249A) Definitions.          "Behavioral health services" means mental health and substance use disorder treatment services.         "Capitated payment" means a monthly payment to the MCP on behalf of each enrollee for the provision of health or dental services under the contract. Payment is made regardless of whether the enrollee receives services during the month.         "Choice counseling" means the provision of unbiased information on MCPs or provider options and answers to related questions and access to personalized assistance to help members understand the materials provided by the MCPs or the state, to answer questions about each of the options available, and to facilitate enrollment with an MCP.         "Claim" means a formal request for payment for benefits received or services rendered.        "Clean claim" means a claim that has no defect or impropriety (including any lack of required substantiating documentation) or particular circumstance requiring special treatment that prevents timely payment of the claim. “Clean claim” does not include a claim from a provider that is under investigation for fraud or abuse or a claim under review for medical necessity.         "CMS" means the Centers for Medicare and Medicaid Services, a division of the U.S. Department of Health and Human Services.         "Code of Federal Regulations" "CFR" means the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government.         "Community-based case management" means a collaborative process of planning, facilitation, and advocacy for options and services to meet an enrollee’s needs through communication and available resources to promote high-quality, cost-effective outcomes.         "Contract" means a contract between the department and an MCP. These contracts shall meet all applicable requirements of state and federal law, including the requirements of 42 CFR 434 as amended to July 19, 2022.         "Covered services" means physical health, behavioral health, dental, and long-term care services set forth in rule 441—73.5(249A).        "Department" means the Iowa department of human services.         "Discharge planning" means the process, which begins at admission, of determining a continued need for treatment services and of developing a plan to address ongoing needs.         "Electronic visit verification system" means, with respect to personal care services or home health care services described in Section 12006 of the 21st Century Cures Act, a system under which visits conducted as part of such services are electronically verified with respect to: (1) the type of service performed, (2) the individual receiving the service, (3) the date of the service, (4) the location of service delivery, (5) the individual providing the service, and (6) the time the service begins and ends.         "Emergency medical condition" means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) that a prudent layperson who possesses an average knowledge of health and medicine could reasonably expect the absence of immediate medical attention to result in the following:
    1. Placing the health of the individual (or, for a pregnant woman, the health of the woman or her unborn child) in serious jeopardy;
    2. Serious impairment to bodily functions;
    3. Serious dysfunction of any bodily organ or part.
            "Emergency services" means covered inpatient and outpatient services that are as follows:
    1. Furnished by a provider that is qualified to furnish these services.
    2. Needed to evaluate or stabilize an emergency medical condition.
            "EMTALA" means the Emergency Medical Treatment and Active Labor Act.         "Enrollee" means a hawki, Iowa health and wellness plan, dental wellness plan or Medicaid member who is eligible for MCP enrollment and has been enrolled with an MCP as defined in subrule 73.3(2).         "Enrollment broker" means the entity the department uses to enroll persons in an MCP. The enrollment broker must be conflict-free and meet all applicable requirements of state and federal law, including 42 CFR 438.10 as amended to July 19, 2022.         "Hawki program" means the healthy and well kids in Iowa program as set forth in 441—Chapter 86, the Iowa program to provide health care coverage for uninsured children of eligible families as authorized by Title XXI of the federal Social Security Act.         "HIPP" means the health insurance premium payment program.         "Home- and community-based services" "HCBS" means services that are provided as an alternative to long-term care institutional services in a nursing facility or an intermediate care facility for persons with an intellectual disability (ICF/ID) or to delay or prevent placement in a nursing facility or ICF/ID.        "Incident reporting" means the reporting of critical events or incidents deemed sufficiently serious to warrant near-term review and follow-up by an appropriate authority. Such incidents may include but are not limited to:
    1. Abuse and neglect;
    2. The unauthorized use of restraint, seclusion or restrictive interventions;
    3. Serious injuries that require medical intervention or result in hospitalization, or both;
    4. Criminal victimization;
    5. Death;
    6. Financial exploitation;
    7. Medication errors; and
    8. Other incidents or events that involve harm or risk of harm to a participant.
            "Insolvency" means a financial condition that exists when an entity is unable to pay its debts as they become due in the usual course of business or when the liabilities of the entity exceed its assets.         "Iowa health and wellness plan" means the medical assistance program set forth in 441—Chapter 74.         "Level of care" means an evaluation to determine and establish an individual’s need for the level of care provided in a hospital, a nursing facility, or an ICF/ID within the near future.         "Long-term care (LTC)" "long-term services and supports (LTSS)" means the services of a nursing facility (NF), an intermediate care facility for persons with an intellectual disability (ICF/ID), state resource centers or services funded through Section 1915(c) home- and community-based services waivers, Section 1915(i) state plan home- and community-based habilitation program and the PACE program.         "Managed care organization" "MCO" means an entity that (1) is under contract with the department to provide services to Medicaid recipients and (2) meets the definition of “health maintenance organization” in Iowa Code section 514B.1.         "Managed care plan" "MCP" refers to managed care organizations (MCOs) and prepaid ambulatory health plans (PAHPs).        "Mandatory enrollment" means mandatory participation in a managed care plan as specified in subrule 73.3(2).         "Medical loss ratio" "MLR" means the percentage of capitation payments that is used to pay medical or dental expenses.         "Medically necessary services" means those covered services that are, under the terms and conditions of the contract, determined through MCP utilization management to be:
    1. Appropriate and necessary for the symptoms, diagnosis or treatment of the condition of the member.
    2. Provided for the diagnosis or direct care and treatment of the condition of the member to enable the member to make reasonable progress in treatment.
    3. Within standards of professional practice and given at the appropriate time and in the appropriate setting.
    4. Not primarily for the convenience of the member, the member’s physician or other provider; and
    5. The most appropriate level of covered services that can safely be provided.
            "Medical records" means all medical, dental, behavioral health, and long-term care histories; records, reports and summaries; diagnoses; prognoses; record of treatment and medication ordered and given; X-ray and radiology interpretations; physical therapy charts and notes; lab reports; other individualized medical, behavioral health, and long-term care documentation in written or electronic format; and analyses of such information.         "Member" means any person determined by the department to be eligible for the hawki program, the Iowa health and wellness plan, the dental wellness plan, or the Medicaid program.         "Money Follows the Person (MFP) Rebalancing Demonstration Grant" means a federal grant that will assist Iowa in transitioning individuals from a nursing facility or ICF/ID into the community and in rebalancing long-term care expenditures.         "Needs-based eligibility" means an evaluation to determine and establish an individual’s need for habilitation services.         "Network" "provider network" means a group of participating health or dental care providers (both individual and group practitioners) linked through contractual arrangements to the MCP to supply a range of health or dental care services.         "Out-of-network provider" means any provider that is not directly or indirectly employed by or does not have a provider agreement with the MCP or any of its subcontractors pursuant to the contract between the department and the MCP.        "PACE" means the program for all-inclusive care for the elderly.         "Participating providers" means the providers of covered physical health, behavioral health, dental, and long-term care services that have contracted with a managed care plan.         "Passive enrollment process" means the process by which the department assigns a member to a managed care plan and which, in accordance with 42 CFR 438.54 as amended to July 19, 2022, seeks to preserve existing provider-member relationships and relationships with providers that have traditionally served Medicaid members, if possible. In the absence of existing relationships, the process ensures that members are equally distributed among all available managed care plans.         "Prepaid ambulatory health plan" "PAHP" has the meaning set forth in 42 CFR 438.2 as amended to July 19, 2022.        "Prior authorization" means the process of obtaining prior approval as to the appropriateness of a service or medication. Prior authorization does not guarantee coverage.         "Warm transfer" means a telecommunications mechanism in which the person answering the call facilitates transfer to a third party, announces the caller and issue and remains engaged as necessary to provide assistance.

    441—73.2(249A) Contracts with a managed care plan (MCP).      73.2(1)   The department may enter into a contract with an MCP licensed under the provisions of insurance division rules set forth in 191—Chapter 40 for the scope of services as described in rule 441—73.6(249A).     73.2(2)   The department shall determine that the MCP meets the following requirements:     a.    The MCP shall make available the services it provides to enrollees as established in the contract.    b.    The MCP shall provide satisfaction to the department against the risk of insolvency and ensure that neither Medicaid members nor the state shall be responsible for the MCP’s debts if the MCP becomes insolvent. The MCP shall comply with insurance division provisions set forth in rule 191—40.12(514B) regarding net worth and rule 191—40.14(514B) containing reporting requirements.     c.    The MCP shall attain and maintain accreditation by the National Committee for Quality Assurance (NCQA) or URAC (formerly known as the Utilization Review Accreditation Commission).     73.2(3)   If not already accredited, the MCP must demonstrate it has initiated the accreditation process as of the contract effective date and must achieve accreditation at the earliest date allowed by NCQA or URAC. Prior to the contract effective date, the MCP must be licensed and in good standing in the state of Iowa as a health maintenance organization in accordance with insurance division rules set forth in 191—Chapter 40.     73.2(4)   The contract shall meet the following minimum requirements. The contract shall:     a.    Be in writing.    b.    Specify the duration of the contract period.     c.    List the services that must be covered.     d.    Describe service access and provide access information.     e.    List conditions for nonrenewal, termination, suspension, and modification.     f.    Specify the method and rate of reimbursement.     g.    Provide for disclosure of ownership and subcontracted relationships.     h.    Specify that all subcontracts shall be in writing, shall comply with the provisions of the contract between the department and the MCP, and shall include any general requirements of the contract that are appropriate to the service or activity covered by the subcontract.     i.    Specify appeal and grievance rights.     j.    Specify all operational and service delivery expectations.     k.    Specify reporting requirements.     l.    Specify requirements for utilization management and quality improvement.     m.    Specify requirements for program integrity.     n.    Specify termination requirements and assessment of penalties.     o.    Require MCP and the fee-for-service Medicaid program to utilize a uniform prior authorization process. The process will include forms, information requirements, and time frames.

    441—73.3(249A) Enrollment.      73.3(1) Enrollment area.  The coverage area for enrollment shall be statewide.     73.3(2) Members subject to enrollment.  All hawki program, Iowa health and wellness plan, and dental wellness plan members shall be subject to mandatory enrollment in an MCP. All Medicaid members, with the exception of the following, shall be subject to mandatory enrollment in an MCP:     a.    Members who are medically needy as described at 441—Chapter 75.     b.    Individuals eligible only for emergency medical services because the individuals do not meet citizenship or alienage requirements, pursuant to 441—Chapter 75.    c.    Persons who are currently presumptively eligible as defined in 441—Chapter 75.    d.    Persons eligible for the program of all-inclusive care for the elderly (PACE) who voluntarily elect PACE coverage as described in Division II of 441—Chapter 88.     e.    Persons enrolled in the health insurance premium payment program (HIPP) pursuant to 441—Chapter 75.    f.    Persons eligible only for the Medicare savings program as described in 441—Chapters 75 and 76.    g.    American Indian and Alaska Native populations who are exempt from mandatory enrollment pursuant to 42 CFR 438.50(d)(2) but who may enroll voluntarily.     h.    Persons who have a Medicaid eligibility period that is retroactive as described in 441—Chapter 76.     i.    Persons who are inmates of a public institution and ineligible for Medicaid benefits as described in 441—Chapter 75.    j.    Persons residing in the Iowa Veterans Home as described in rule 801—10.1(35D).     k.    Effective July 1, 2017, persons who are eligible only for the family planning waiver as described in 441—Chapter 75.     73.3(3) Enrollment process.  The department shall notify members who must be enrolled in an MCP of enrollment and the effective date of enrollment. The department will implement an enrollment process in accordance with federal funding requirements, including 42 CFR 438 as amended to July 19, 2022.     a.    General.Members may receive MCP choice counseling from the enrollment broker. The enrollment broker will provide information about individual MCP benefit structures, services and network providers, as well as information about other Medicaid programs as requested by the Medicaid member to assist the member in making an informed selection.     b.    Passive assignment.Effective no earlier than the first day of the month of the member’s application to Medicaid, the member shall be assigned to an MCP using the department’s passive enrollment process and offered the opportunity to choose from the available MCPs within a time frame specified in the passive assignment letter.     c.    Request to change enrollment.An enrollee may, within 90 days of initial enrollment, request to change enrollment from one MCP and enroll in another MCP. The request may be made on a form designated by the department, in writing, or by telephone call to the enrollment broker’s toll-free member telephone line. Enrollment changes are effective no later than the first day of the second month beginning after the date on which the enrollment broker receives the enrollee’s written or verbal request.     d.    Ongoing enrollment.Enrollees shall remain enrolled with the chosen MCP for a total of 12 months.     e.    Enrollment cycle.Prior to the end of the enrollee’s annual enrollment period, the enrollee shall be notified of the option to maintain enrollment with the current MCP or to enroll with a different MCP.     73.3(4) Benefit reimbursement prior to enrollment.      a.    Prior to the effective date of MCP enrollment, except as provided in paragraph 73.3(4)“b,” the department shall reimburse providers for covered program benefits pursuant to 441—Chapters 74 to 91, as applicable for eligible members.     b.    The MCP shall be responsible for covering newly retroactive Medicaid eligibility periods prior to the effective date of enrollment for babies born to Medicaid-enrolled women who are retroactively eligible to the month of birth.

    441—73.4(249A) Disenrollment process.      73.4(1) Enrollee-requested disenrollment.  An enrollee may request disenrollment with an MCP as follows:     a.    During the first 90 days following the date of the enrollee’s initial enrollment with the MCP, the enrollee may request disenrollment, for any reason, in writing or by a telephone call to the enrollment broker’s toll-free member telephone line.     b.    After the 90 days following the date of the enrollee’s enrollment with the MCP, when an enrollee is requesting disenrollment due to good cause, the enrollee member shall first make a verbal or written filing of the issue through the MCP’s grievance system. If the member does not experience resolution, the MCP shall direct the member to the enrollment broker. The enrolled member may request disenrollment in writing or by a telephone call to the enrollment broker’s toll-free member telephone line and must request a good-cause change for enrollment. Good-cause changes include the following:     (1)   The MCP does not, because of moral or religious objections, cover the service the member seeks.     (2)   The member needs related services to be performed at the same time, not all related services are available within the network, and the member’s primary care provider or another provider determines that receiving the services separately would subject the member to unnecessary risk.     (3)   Other reasons, including but not limited to poor quality of care, lack of access to services covered under the contract, lack of access to providers experienced in dealing with the member’s health or dental care needs, or eligibility and choice to participate in a program not available in managed care (for example, PACE).     c.    The final decision for disenrollment shall be determined by the department.     73.4(2) Disenrollment by department.  Disenrollment will occur when:     a.    The contract between the department and the MCP is terminated.     b.    The enrollee becomes ineligible for Medicaid, the hawki program, the Iowa health and wellness plan, or the dental wellness plan. If the enrollee becomes ineligible and is later reinstated to these programs, enrollment in the MCP will also be reinstated.     c.    The enrollee transfers to an eligibility group excluded from managed care plan enrollment. “Enrollee” is defined in rule 441—73.1(249A).     d.    The department has determined that participation in the HIPP program as described in 441—Chapter 75 is more cost-effective than enrollment in managed health care.     e.    The enrollee dies.    f.    The enrollee has changed residence to another state.     73.4(3) Managed care plan-requested disenrollment.  An MCP shall not disenroll an enrollee or encourage an enrollee to disenroll for any reason, including the enrollee’s health or dental care needs or change in health or dental care status or because of the enrollee’s utilization of medical services, diminished capacity, or uncooperative or disruptive behavior resulting from the enrollee’s special needs (except when the enrollee’s continued enrollment seriously impairs the MCP’s ability to furnish services to either this particular enrollee or other enrollees). In instances where the exception applies, the MCP shall provide evidence to the department that continued enrollment of an enrollee seriously impairs the MCP’s ability to furnish services to either this particular enrollee or other enrollees. The MCP shall have methods by which the department is assured that disenrollment is not requested for another reason.     73.4(4) Disenrollment effective date.      a.    The effective date of a department-approved disenrollment shall be no later than the first day of the second calendar month beginning after the month in which:     (1)   The enrollee requests disenrollment pursuant to subrule 73.4(1);    (2)   The department notifies the enrollee and MCP of disenrollment pursuant to subrule 73.4(2); or     (3)   The MCP requests disenrollment pursuant to subrule 73.4(3).     b.    The enrollee shall remain enrolled in the MCP and the MCP will be responsible for services covered under the contract until the effective date of disenrollment unless the enrollee is in an inpatient setting at the time of disenrollment. If the enrollee is in an inpatient setting at the time of disenrollment, the managed care organization shall be responsible for the inpatient services for 60 days or until the enrollee is discharged.

    441—73.5(249A) MCP covered services.       73.5(1) Required services—MCOs.  A managed care organization shall provide:     a.    For enrollees other than Iowa health and wellness plan enrollees and hawki program enrollees, services as set forth in 441—Chapters 78, 81, 82, 83, 84, 85, and 87, with the exception of the following:     (1)   Area education agency services.     (2)   Dental services not provided in an outpatient hospital setting.     (3)   Infant and toddler program services.     (4)   Local education agency services.     (5)   State of Iowa Veterans Home services.     (6)   Money Follows the Person Grant-funded services.     b.    Services as set forth in 441—Chapter 74 for Iowa health and wellness plan enrollees.     c.    Services as set forth in 441—Chapter 86 for hawki program enrollees.     73.5(2) Community-based case management service.  The managed care organization is required to provide services that meet requirements specified in the contract and in 441—Chapter 90.     73.5(3) Health home services.  The managed care organization is required to provide services that meet the requirements specified in 441—Chapter 78 and as specified in the contract.     73.5(4) Value-added services.  A managed care organization may develop optional services and supports to address the needs of enrollees. These services and supports shall be implemented only after approval by the department.     73.5(5) Required services—PAHPs.  A PAHP shall provide services to enrollees under the contract with the state agency and on the bases of prepaid capitation payments or other payment arrangements that do not use state plan payment rates. PAHPs shall provide:    a.    For enrollees other than Iowa health and wellness plan enrollees and hawki program enrollees, services as set forth in 441—Chapter 73, 74, 78, and 88 with the exception of the following:     (1)   Area education agency services.     (2)   Inpatient hospital or institutional services.    (3)   Advance directive requirements in dental nonclinical services such as transportation.    (4)   Long-term care (skilled nursing facilities, intermediate care facilities, residential care facilities, state resource centers, or intermediate care facilities for persons with an intellectual disability).    (5)   Inpatient psychiatric care provided at the state-administered mental health institutes.     (6)   Services provided at specialized adolescent psychiatric facilities.    (7)   Day treatment and partial hospitalization services for persons aged 20 or under.    (8)   Enhanced services provided to certain eligible recipients.     b.    Services as set forth in 441—Chapter 74 for Iowa health and wellness plan enrollees.     c.    Services as set forth in 441—Chapter 86 for hawki program enrollees.

    441—73.6(249A) Amount, duration and scope of services.      73.6(1)   The MCP shall provide, at a minimum, all benefits and services deemed medically necessary that are covered under the contract with the department. In accordance with federal funding requirements, including 42 CFR 438.210(a)(3) as amended to July 19, 2022, the MCP shall furnish covered services in an amount, duration and scope reasonably expected to achieve the purpose for which the services are furnished. The MCP shall not arbitrarily deny or reduce the amount, duration and scope of a required service solely because of diagnosis, type of illness, or condition of the enrollee. With the exception of court-ordered services, the managed care organization shall require as a condition of payment managed care organization approval of admissions to a nursing facility, an intermediate care facility for persons with an intellectual disability, a psychiatric medical institution for children, and a mental health institute. Managed care organizations shall also require managed care organization approval of out-of-state placements as a condition of payment.     73.6(2)   The MCP may place appropriate limits on services on the basis of medical necessity criteria for the purpose of utilization management, provided the services can reasonably be expected to achieve their purpose in accordance with the contract. The MCP shall not:     a.    Avoid costs for services covered in the contract by referring members to publicly supported health or dental care resources.     b.    Deny reimbursement of covered services based on the presence of a preexisting condition.     73.6(3)   The MCP shall allow each enrollee to choose a health or dental professional, to the extent possible and appropriate, within the MCP’s provider network. The MCP shall ensure compliance with the Americans with Disabilities Act (ADA) in the delivery and approval of all services.

    441—73.7(249A) Emergency services.      73.7(1)   Emergency services shall be available 24 hours a day, seven days a week.     73.7(2)   In accordance with federal funding requirements, including 42 CFR 438.114 as amended to July 19, 2022, the MCP shall:     a.    Cover emergency services without the need for prior authorization and shall not limit reimbursement to network providers.     b.    Cover and pay for emergency services regardless of whether the provider that furnishes the services is enrolled with Iowa Medicaid or has a contract with the MCP.     c.    Pay noncontracted providers for emergency services the amount that would have been paid if the service had been provided under the state’s fee-for-service Medicaid program.     d.    Cover the medical screening examination, as described by EMTALA, provided to a member who presents to an emergency department with an emergency medical condition. This requirement applies to managed care organizations only.     73.7(3)   The MCP shall not deny payment for:    a.    Treatment obtained when an enrollee has an emergency medical condition.     b.    Treatment obtained when a representative of the MCP instructs the enrollee to seek emergency medical services.

    441—73.8(249A) Access to service.      73.8(1)   The MCP shall ensure enrollees have access to services as specified in the contract. In general, the MCP shall provide available, accessible, and adequate numbers of institutional facilities, service locations, and service sites and professional, allied, and paramedical personnel for the provision of covered services, including all emergency services, on a 24-hours-a-day, seven-days-a-week basis. At a minimum, access to services shall comply with the standards described in the contract. For areas of the state where provider availability is insufficient to meet these standards, for example, in health or dental professional shortage areas and medically underserved areas, the access standards shall meet the usual and customary standards for the community. Exceptions to the requirements contained in this rule shall be justified and documented to the state on the basis of community standards. All other services not specified in this rule shall meet the usual and customary standards for the community.     73.8(2)   Choice of providers. An enrollee shall use the MCP’s provider network unless the MCP has authorized a referral to a nonparticipating provider for provision of a service or treatment plan or as specified for provision of emergency services set forth in rule 441—73.7(249A). In accordance with federal funding requirements, including 42 CFR 431.51(b)(2) as amended to July 19, 2022, the managed care organization shall allow enrollees freedom of choice of providers of any department-enrolled family planning service provider including those providers who are not in the MCP network.     73.8(3)   Continuity of care. The MCP shall have policies and procedures that provide for the continuity of care of treatment to ensure that a new enrollee’s existing services are honored as required in the contract.     73.8(4)   Adequate service referral support and after-hours call-in coverage. The MCP shall ensure enrollee access to service information and medical coverage 24 hours a day, 7 days a week, 365 days a year.     a.    Member helpline.The MCP shall maintain a dedicated toll-free member services helpline as established in the contract to handle a variety of member inquiries and to provide warm transfer of enrollees to outside entities, such as provider offices, and to internal MCP departments, such as care coordinators.     b.    Nurse call line.The managed care organization shall operate a toll-free nurse call line that provides nurse triage telephone services for members to receive medical advice 24 hours a day, seven days a week from trained medical professionals.     73.8(5)   An enrollee’s primary care provider shall be responsible for providing preventative and primary health or dental care to the enrollee; for initiating referrals for specialist care, where appropriate; and for maintaining the continuity of patient care. Primary care providers may be physicians, advanced registered nurse practitioners, or physician assistants, licensed and practicing in accordance with state law.

    441—73.9(249A) Incident reporting.      73.9(1)   The managed care organization shall develop and implement a critical incident reporting and management system for participating providers in accordance with the department requirements for reporting incidents for Section 1915(c) HCBS waivers, for the Section 1915(i) habilitation program, and as required for licensure of programs through the department of inspections and appeals.     73.9(2)   The managed care organization shall develop and implement policies and procedures, subject to department review and approval, to:    a.    Address and respond to incidents;    b.    Report incidents to the appropriate entities in accordance with required time frames; and    c.    Track and analyze incidents.

    441—73.10(249A) Discharge planning.  The managed care organization shall establish policies and procedures, subject to approval by the department, that protect an individual from involuntary discharge that may lead to placement in an inappropriate or more restrictive setting. The managed care organization shall facilitate a seamless transition whenever a member transitions between facilities or residences.

    441—73.11(249A) Level of care assessment and annual reviews.  The managed care organization shall establish policies and procedures to ensure the implementation of level of care and needs-based eligibility assessments and reassessments as required in the contract and consistent with the department’s level of care and needs-based eligibility assessment process and the requirements provided in 441—Chapters 75, 78, 81, 82, 83, and 85. Waiver level of care determinations must be consistent with those made for the appropriate institutional level of care under the state plan.     73.11(1)   Initial level of care assessment. Managed care organizations are responsible for conducting level of care and needs-based eligibility assessments for a current enrollee who requires a level of care or a needs-based eligibility assessment. The managed care organization shall perform the assessment using department-approved assessment tools. The results of the assessment shall be submitted to the Iowa Medicaid medical services unit for determination of level of care or needs-based eligibility.     73.11(2)   Annual continued stay reviews, continued care reviews and redeterminations. When an enrollee requires a continued stay review, a continued care review or a redetermination, the managed care organization shall use department-approved assessment tools. If the managed care organization becomes aware that the enrollee’s functional or medical status has changed in a way that may affect the enrollee’s level of care or needs-based eligibility, the managed care organization shall submit the assessment findings to the Iowa Medicaid medical services unit for determination of level of care or needs-based eligibility.     73.11(3)   At any time, if the managed care organization becomes aware that the enrollee’s functional or medical status has changed in a way that may affect level of care or needs-based eligibility, the managed care organization shall conduct a level of care or needs-based assessment using the department-approved tools and submit the assessment to the Iowa Medicaid medical services unit for determination of level of care or needs-based eligibility.

    441—73.12(249A) Appeal of MCP actions.  The MCPs shall have written appeal policies and procedures for an enrollee, or an enrollee’s authorized representative, to appeal an MCP action. The policies must address contractual requirements and federal funding requirements, including 42 CFR 438, Subpart F, as amended to July 19, 2022.     73.12(1) MCP appealable actions.  MCP actions that may be appealed include:     a.    Denial or limited authorization of a requested service, including the type or level of service.     b.    Reduction, suspension, or termination of a previously authorized service.     c.    Denial, in whole or in part, of payment of service.     d.    Failure to provide services in a timely manner as described by the department.     e.    Failure to act within the required time frames set forth in federal funding requirements, including 42 CFR 438.408(b) as amended July 19, 2022.     f.    For a resident of a rural area who has only one appropriate provider of a needed service, the denial of an enrollee’s request to exercise the enrollee’s right to obtain services outside of the MCO’s network.     g.    The denial of an enrollee’s request to dispute a financial liability, including cost sharing, copayments, premiums, deductibles, coinsurance, and other enrollee financial liabilities.     73.12(2) Appeal process.  The MCP appeal process shall be approved by the department and shall:     a.    Allow for the appeal request to be submitted in writing or verbally.     b.    Require acknowledgment of the receipt of a request for an appeal within three working days.     c.    Allow for participation by the enrollee and the provider.     d.    Provide for resolution of nonexpedited appeals to be concluded within 30 calendar days of receipt of the request unless an extension is requested.    e.    Provide for resolution of expedited appeals where the standard time period could seriously jeopardize the member’s health or ability to maintain or regain maximum function to be within 72 hours of receipt of the notice pursuant to federal funding requirements, including 42 CFR 438.402 as amended to July 19, 2022.     f.    Ensure that the review will be made by qualified professionals who were not involved with the original action.     g.    Ensure issuance of a notice of decision for each appeal. These notices shall contain the member’s appeal rights with the department and shall contain an adequate explanation of the action taken and the reason for the decision.

    441—73.13(249A) Appeal to department.  If the enrollee is not satisfied with the final decision rendered by the MCP through the managed care plan’s appeal process, the enrollee may appeal an action in accordance with the appeal process available to all persons receiving Medicaid-funded services as set forth in 441—Chapter 7.

    441—73.14(249A) Continuation of benefits.  The MCP shall be required to continue the member’s benefits during the appeal in accordance with federal funding requirements, including 42 CFR 438.420 as amended to July 19, 2022.     73.14(1)   If the benefits are continued or reinstated while the appeal is pending, the benefits must be continued until one of the following occurs:     a.    The enrollee withdraws the appeal request;     b.    Ten days pass after the MCP mailed the notice providing the resolution of the appeal against the enrollee, unless the enrollee, within the ten-day time frame, has requested a state fair hearing with continuation of benefits until a state fair hearing decision is reached; or     c.    The time period or service limits of a previously authorized service have been met.     73.14(2)   If the final resolution of the appeal is adverse to the enrollee, that is, it upholds the MCP’s action, the MCP may recover the cost of the services furnished to the enrollee while the appeal is pending, to the extent that services were furnished solely because of the requirements to maintain benefits during the appeal.     73.14(3)   If the MCP or state fair hearing officer reverses a decision to deny, limit, or delay services that were not furnished while the appeal was pending, the MCP must authorize and provide the disputed services promptly and as expeditiously as the member’s health or dental condition requires. If the MCP or the state fair hearing officer reverses a decision to deny authorization of services and the enrollee received the disputed services while the appeal was pending, the MCP must pay for these services.

    441—73.15(249A) Grievances.  The MCP shall have policies and procedures for review of any nonclinical incidents, nonclinical complaints, or nonclinical concerns. Grievances may be communicated verbally or in writing and require that the review be conducted by someone other than the person or persons involved in the grievance. All policies related to the review of grievances shall be approved by the department prior to implementation.

    441—73.16(249A) Written record.  All MCP enrollee appeals and grievances shall be logged and reported to the department. The log shall include the status and resolution of all appeals and grievances.

    441—73.17(249A) Information concerning procedures relating to the review of MCP decisions and actions.  The MCP’s written procedures for the review of MCP’s decisions and actions shall be provided to each new enrollee, to participating providers in a provider manual, and to nonparticipating providers upon request.

    441—73.18(249A) Records and reports.      73.18(1) Records system.  The MCPs shall document and maintain clinical and fiscal records in accordance with federal and state requirements, including 441—Chapter 79 and 42 CFR 456 as amended to July 19, 2022, throughout the course of the contract. The records system shall:     a.    Identify transactions with or on behalf of each enrollee by the state identification number assigned to the enrollee by the department.     b.    Provide a rationale for, and documentation of, decisions made by the MCP based upon medical necessity.     c.    Permit effective professional review for medical audit processes.     d.    Facilitate an adequate system for monitoring treatment reimbursed by the managed care organization including follow up of the implementation of discharge plans and referral to other providers.     73.18(2) Content of individual treatment record.  The MCP shall ensure that participating providers maintain an adequate record-keeping system that includes a complete medical, dental, or service record for each enrolled member including documentation of all services provided to each enrollee in compliance with the contract and provisions of 441—Chapter 79 and pursuant to federal funding requirements, including 42 CFR 456 as amended to July 19, 2022. Beginning January 1, 2021, the managed care organization shall require use of an electronic visit verification system for personal care services.     73.18(3) Confidentiality of health care, mental health care, and substance abuse information.  The MCP shall protect and maintain the confidentiality of health care, mental health care, dental care and substance abuse information by implementing policies for staff and through contract terms with participating providers. The policies must comply with applicable state and federal laws.

    441—73.19(249A) Audits.  The department or its designee and the U.S. Department of Health and Human Services (HHS) may evaluate through inspections or other means the quality, appropriateness, and timeliness of services performed by the MCP. The department or HHS may audit and inspect any records of an MCP, or the subcontractor of the MCP, that pertain to services performed and the determination of amounts paid under the contract. These records will be made available at times, at places, and in a manner as authorized representatives of the department, its designee or HHS may request.

    441—73.20(249A) Marketing.  MCP marketing activities and materials shall comply with applicable laws and regulations regarding marketing by the MCP and contract terms. The department shall approve all marketing materials, which must comply with federal funding requirements, including 42 CFR 438.10 and 42 CFR 438.104 as amended to July 19, 2022.

    441—73.21(249A) Enrollee education.      73.21(1) Use of services.  The MCP shall provide written information to all enrollees on the use of services the MCP is responsible to arrange, monitor, and reimburse. Information must include the array of services covered; how to access covered services; the providers participating; an explanation of the process for the review of MCP decisions and actions, including the enrollee’s right to a fair hearing under 441—Chapter 7 and how to access that fair hearing process; provision of after-hours and emergency care; procedures for notifying enrollees of a change in benefits or office sites; how to request a change in providers; a statement of consumer rights and responsibilities; out-of-area use of service information; availability of toll-free telephone information and crisis assistance; and the appropriate use of the referral system.     73.21(2) Outreach to members with special needs.  The MCP shall provide enhanced outreach to members with special needs including, but not limited to, persons with a psychiatric disability, an intellectual disability or other cognitive impairments; illiterate persons; non-English-speaking persons; and persons with visual impairments or who are deaf or hard of hearing.     73.21(3) Patient rights and responsibilities.  The MCP shall have in effect a written statement of patient rights and responsibilities that is available upon request as well as issued to all new enrollees. This statement shall be part of the packet of enrollment information provided to all new enrollees.

    441—73.22(249A) Payment to the MCP.      73.22(1) Capitation rate.  In consideration for all services rendered by an MCP under a contract with the department, the MCP will receive a payment each month for each enrolled member. The monthly reimbursement may be reduced by amounts withheld for pay-for-performance components of the contract. The withheld amounts will be distributed based on the terms described in the managed care contract. Additionally, the department will make an allowance for obligations resulting from Section 9010 of the Patient Protection and Affordable Care Act, the health insurance providers fee. This capitation rate, inclusive of the amounts withheld and the health insurance providers fee, represents the total obligation of the department with respect to the costs of medical care and services provided to enrolled members under the contract except as otherwise designated in the contract rate. Pay-for-performance terms will allow for incentive reimbursement if the MCP meets metrics described in the MCP contract.     73.22(2) Determination of rate.  The actuarially sound capitation rate will be determined according to the terms of federal funding requirements, including 42 CFR 438.6 as amended to July 19, 2022, Actuarial Standards of Practice 49, and other related CMS regulations and generally accepted actuarial principles and practices.     73.22(3) Third-party liability.  If an enrolled member has health insurance coverage or a responsible party other than the Medicaid program available for payment of medical or dental expenses, it is the right and responsibility of MCP to investigate these third-party resources and attempt to obtain payment.     a.    The MCP shall have a time limit to attempt to collect from third-party resources. The time limit shall be determined by the department.     b.    The MCP shall retain all funds collected from third-party resources during the time limit.     c.    A complete record of all third-party collections must be maintained and made available to the department on request.     d.    In the event that the MCP no longer contracts with the department, the department has the right to seek recovery of any third-party collections not collected by the time the contract ends and retain the funds. This includes but is not limited to subrogation cases.     e.    The department has the right to retain all funds collected from third-party resources after the MCP time limit.     73.22(4) Medical loss ratio.  The MCP shall report the experienced medical loss ratio for each contract rate period. In the event that the medical loss ratio falls below the department-designated target, the department shall recoup excess capitation paid to the MCP.

    441—73.23(249A) Claims payment by the MCP.      73.23(1)   The managed care organizations shall pay or deny:     a.    Ninety percent of all clean claims within 30 calendar days of receipt,     b.    Ninety-nine point five percent of all clean claims within 90 calendar days of receipt, and     c.    Ninety-five percent of all claims within 45 calendar days of receipt.     73.23(2)   The PAHP shall pay or deny:     a.    Ninety percent of all clean claims within 14 calendar days of receipt,     b.    Ninety-nine percent of all clean claims within 90 calendar days of receipt, and     c.    Ninety-five percent of all claims within 21 calendar days of receipt.     73.23(3)   Managed care limits on payment responsibility for services.     a.    The MCP is not required to reimburse providers for the provision of services that do not meet the criteria of medical necessity.     b.    The MCP has the right to require prior authorization of covered services and to deny reimbursement to providers that do not comply with such requirements.     c.    Payment responsibilities for emergency room services are as provided in rule 441—73.7(249A).     73.23(4)   Payment to nonparticipating providers. In reimbursing nonparticipating providers, the managed care organization is obligated to pay 80 percent of the payment to participating providers.

    441—73.24(249A) Quality assurance.  The MCP shall have in effect an internal quality assurance and performance improvement system that meets the requirements of any or all applicable state and federal laws.

    441—73.25(249A) Certifications and program integrity.  The MCP shall develop and implement policies, procedures and a mandatory compliance plan to ensure compliance with the contract requirements for certification, program integrity and prohibited affiliations. The MCP shall cooperate and collaborate with the department on all program integrity activities. The MCP shall comply with state and federal laws pertaining to these requirements, including 42 CFR 438.608 and 42 CFR 455 as amended to July 19, 2022.        These rules are intended to implement Iowa Code section 249A.4.     ARC 6809CHuman Services Department[441]Notice of Intended Action

    Proposing rule making related to child-placing agencies and providing an opportunity for public comment

        The Human Services Department hereby proposes to amend Chapter 108, “Licensing and Regulation of Child-Placing Agencies,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 237.3.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 237.3.Purpose and Summary    The rules in Chapter 108 were reviewed as part of the Department’s five-year rules review. This proposed rule making establishes licensing procedures for all child-placing agencies.    The rules review resulted in the following proposed changes:

  • Remove outdated form names.
  • Add form numbers for documents that must be submitted by a requested entity when submitting a request for a record check evaluation.
  • Clarify that record check evaluations for child-placing agency staff will include a review of an individual’s founded dependent adult abuse report in addition to the individual’s criminal conviction record or a founded child abuse report.
  • Add that the Department will consider the likelihood that a person will commit a crime or founded abuse again when conducting a record check evaluation in accordance with the Iowa Code.
  • Provide cross-references to rules regarding notices and appeal rights.
  • Modify qualifications for caseworkers.
  • Clarify when foster parents shall obtain child abuse mandatory reporter training.
  • Add a requirement that child-placing agencies shall provide hygiene items for youth.
    • Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217). Public Comment     Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 31, 2023. Comments should be directed to: Nancy Freudenberg Department of Human Services Hoover State Office Building, Fifth Floor 1305 East Walnut Street Des Moines, Iowa 50319-0114 Email: appeals@dhs.state.ia.us Public Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend rule 441—108.1(238), definition of “Child,” as follows:        "Child" shall meanmeans the same as defined by Iowa Code section 234.1.

        ITEM 2.    Amend subrule 108.2(2) as follows:    108.2(2) Application.  An agency or person applying for a license shall complete Form 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.    a.    The applicant shall report withdrawal of an application to the department within 30 days of the withdrawal decision.    b.    Each application shall be evaluated by the department to ensure that all requirements are met.    c.    The applicant shall provide requested reports and information relevant to the licensing determination to the department.

        ITEM 3.    Amend subrule 108.2(5) as follows:    108.2(5) Certificate of license.  The department shall issue or renew Form 470-3623, Certificate of License, every three years, without cost, to any child-placing agency which meets the minimum requirements applicable to child-placing agencies as defined by Iowa Code chapter 238 and this chapter. The license shall be posted in a conspicuous place on the licensed premises.

        ITEM 4.    Amend subrules 108.2(10) and 108.2(11) as follows:    108 108.2 2(10) Method and content of notice.  The notice of denial, revocation, or suspension shall be sent by restricted certified mail and shall include the following:pursuant to 441—Chapter 16.    a.    A specific description of the condition requiring the suspension, denial or revocation.    b.    The specific laws or rules violated.    c.    The effective date of denial, revocation or suspension.    108 108.2 2(11) Right to appeal.  Any agency which disagrees with the department’s licensing decision may appeal to the departmentin accordance with 441—Chapter 7. The appeal shall be filed within 30 days of receipton or before the thirtieth day following the date of notice of the licensing decision.

        ITEM 5.    Amend subrule 108.4(1) as follows:    108.4(1) Qualifications for all staff.  A child-placing agency employee or volunteer shall be emotionally stable and have the experience and education to perform the duties assigned. The agency shall not employ any person or give any person direct volunteer responsibility for a child or access to a child when the child is alone if that person has been convicted of a crime involving the mistreatment or exploitation of a childor dependent adult. The agency shall not employ any person or give any person direct volunteer responsibility for a child or access to a child when the child is alone if that person has a record of a criminal conviction or founded childor dependent adult abuse report unless the department has evaluated the crime or abuse and determined that the crime or abuse does not merit prohibition of volunteering or employment. If the child-placing agency is out of state, the agency shall complete that state’s childor dependent adult abuse record check and a criminal record check.     a.    If a record of criminal conviction or founded childor dependent adult abuse exists, the person shall be offered the opportunity to complete and submit Iowa’s Record Check Evaluation formForm 470-2310.    b.    In its evaluation, the department shall consider:    (1)   The nature and seriousness of the crime or founded abuse in relation to the employment or volunteer position sought;    (2)   The time elapsed since the commission of the crime or founded abuse;    (3)   The circumstances under which the crime or founded abuse was committed;    (4)   The degree of rehabilitation; and    (5)   The likelihood that the person will commit the crime or founded abuse again; and    (6)   The number of crimes or founded abuses committed by the person involved.    c.    The agency shall maintain the following information with respect to each staff person:    (1)   Documentation that a criminal record check with the Iowa division of criminal investigation has been completed on the staff person prior to the staff person’s providing any care or service directly or indirectly to children under the care of the agency. A copy of the department’s evaluation of the criminal record check shall be kept in the staff record.    (2)   A written, signed and dated statement furnished by the staff person which discloses any founded reports of childor dependent adult abuse on the person that may exist prior to the staff person’s providing any care or services to or on behalf of the facility.     (3)   Documentation that a childor dependent adult abuse record check of the staff person has been completed with the Iowa central abuse registry for any founded reports of childor dependent adult abuse prior to the staff person’s providing any care or services directly or indirectly to children under the care of the agency. A copy of the department’s evaluation of this childor dependent adult abuse record check shall be kept in the staff record.

        ITEM 6.    Amend paragraph 108.4(4)"c" as follows:    c.    Graduation from an accredited four-year college or university with a bachelor’s degree in a human service field related to social work, psychology, or a related behavioral science or in education and the equivalent of two yearsone year of full-time experience in social work or experience in the delivery of human services in a public or private agency.

        ITEM 7.    Amend paragraph 108.6(5)"d" as follows:    d.    Record of founded childor dependent adult abuse reports and the department’s evaluation of same.

        ITEM 8.    Rescind paragraph 108.7(1)"e".

        ITEM 9.    Amend paragraph 108.7(12)"b" as follows:    b.    A child shall have a physical examination at least annually. This shall be performed by a licensed physician, physician’sphysician assistant or licensed nurse practitioner.

        ITEM 10.    Amend paragraph 108.8(1)"a" as follows:    a.    Availability of applications. The agency may provide Form 470-0689, Foster Family Home License Application, to anyone requesting to be licensed.

        ITEM 11.    Amend subparagraph 108.8(1)"c" as follows:    (13)   Record checks. The licensed child-placing agency shall submit record checks for each applicant and for anyone who is 14 years of age or older living in the home of the applicant to determine whether they have any founded childor dependent adult abuse reports or criminal convictions or have been placed on the sex offender registry. The licensed child-placing agency shall use Form 470-0643, Request for Child Abuse Information, and Form 595-1396, DHS Criminal History Record Check, Form B, for this purpose. Each person subject to record checks shall also be fingerprinted for a national criminal history check. The department’s contractor for the recruitment and retention of resource families shall assist applicants in completing required record checks, including fingerprinting. Any criminal or abuse records discovered shall be evaluated according to the procedures in rule 441—113.13(237).

        ITEM 12.    Amend subrule 108.8(6) as follows:    108.8(6) Foster family training.  The agency shall ensure that each foster home recommended for foster family license has complied with the training requirements inrule 441—113.8(237).Within six months ofPrior to licensure and every three years thereafter, each foster parent shall obtain mandatory reporter training relating to identification and reporting of child abuse.

        ITEM 13.    Rescind subparagraph 108.9(1)"a".

        ITEM 14.    Amend paragraph 108.9(4)"d" as follows:    d.    Record checks.The licensed child-placing agency shall perform record checks for each applicant and for the other persons living in the home of the applicant as follows:    (1)   The records of the applicants shall be checked:
    1. On the Iowa central abuse registry using the Request for Child Abuse Information formForm 470-0643;
    2. By the Iowa division of criminal investigation, using the DHS Criminal History Record Check Form B595-1396;
    3. On the Iowa sex offender registry;
    4. On the childor dependent adult abuse registry of any state where the applicant has lived during the five years prior to the issuance of the investigative report; and
    5. For a national criminal history through fingerprinting or another biometric identification-based process accepted by the federal government.
        (2)   The records of persons aged 14 or older living in the home of the applicant shall be checked:
    1. On the Iowa central abuse registry using the Request for Child Abuse Information formForm 470-0643;
    2. By the Iowa division of criminal investigation, using the DHS Criminal History Record Check Form B595-1396; and
    3. On the Iowa sex offender registry.
        (3)   Out-of-state childand dependent adult abuse checks and national criminal history checks may be completed on any adult in the home of the applicant if the certified adoption investigator has reason to do so.     (4)   The agency shall not approve a prospective applicant and the department shall not perform an evaluation if the applicant or anyone living in the home of the applicant has been convicted of a felony offense as set forth in Iowa Code section 600.8(2)“b.”    (5)   The agency shall not approve a prospective applicant and shall not perform an evaluation if the applicant or anyone living in the home of the applicant has committed a crime in a state other than Iowa that would be a forcible felony if the crime would have been committed in Iowa, as set forth in Iowa Code section 600.8(2)“b.”

        ITEM 15.    Amend paragraph 108.9(4)"e" as follows:    e.    Evaluation of record.If the applicant or anyone living in the home has record of founded childor dependent adult abuse, a criminal conviction, or placement on the sex offender registry, the applicant shall not be approved to adopt unless an evaluation determines that the abuse or criminal conviction does not warrant prohibition of approval.    (1)   The evaluation shall consider the nature and seriousness of the founded abuse or crime in relation to adoption, the time elapsed since the commission of the founded abuse or crime, the circumstances under which the abuse or crime was committed, the degree of rehabilitation, the likelihood that the person will commit the abuse or crime again, and the number of abuses or crimes committed by the person.    (2)   The person with the criminal conviction or founded childor dependent adult abuse report shall complete and return the Record Check Evaluation formForm 470-2310 within 10ten calendar days of the date on the form to be used to assist in the evaluation. Failure of the person to complete and return the form within the specified time frame may result in a written denial of approval for adoption.    (3)   If the applicant, or anyone living in the home of the applicant, has been convicted of a simple misdemeanor or a serious misdemeanor that occurred five or more years prior to application, the evaluation and decision may be made by the licensed child-placing agencydepartment’s centralized service area. The licensed child-placing agencydepartment’s centralized service area shall notify the applicant of the results of the evaluation.    (4)   If the applicant, or any person living in the home of the applicant, has a founded childor dependent adult abuse report, has been convicted of an aggravated misdemeanor or felony at any time, or has been convicted of a simple or serious misdemeanor that occurred within five years prior to application, the licensed child-placing agency shall initially conduct the evaluation.
    1. If the licensed child-placing agency determines that the abuse or crime does warrant prohibition of approval, the licensed child-placing agency shall notify the applicant of the results of the evaluation in writing. The notice shall contain information on appeal rightspursuant to 441—Chapter 7.
    2. If the child-placing agency determines that the applicant should be approved despite the abuse or criminal conviction, the agency shall provide copies of the Record Check Evaluation formForm 470-2310 and the written notice to the applicant to the Administrator, Division of Adult, Children and Family Services, Department of Human 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 child-placing agency in writing of that decision.

        ITEM 16.    Amend subparagraph 108.9(4)"g" as follows:    (4)   The applicant or any person residing in the home has a record of founded childor dependent adult abuse, unless an evaluation of the founded childor dependent adult abuse has been made by the department which concluded that the founded childor dependent adult abuse does not merit prohibition of approval.

        ITEM 17.    Amend subparagraph 108.9(4)"h" as follows:    (1)   The childand dependent adult abuse and criminal history record checks, except for the national criminal history check, shall be repeated. Any abuses or convictions of crimes since the last record check shall be evaluated using the same process.

        ITEM 18.    Amend subparagraph 108.9(4)"i" as follows:    (2)   When a person aged 14 or older moves into the home, the agency shall perform checks on the Iowa central abuse registry, by the division of criminal investigation, and on the sex offender registry. The record check evaluation process shall be completed if the person has a criminal conviction or founded childor dependent adult abuse report or is on the sex offender registry.

        ITEM 19.    Amend paragraph 108.9(6)"a" as follows:    a.    International adoptions preplacement investigation.Preplacement investigations for the purpose of international adoptions shall meet the requirements of the United States CitizenCitizenship and Immigration ServiceServices.

        ITEM 20.    Amend subrule 108.9(9) as follows:    108.9(9) Right to appeal.  An adoptive applicant or an adoptive family may appeal an adverse decision made by a licensed agencypursuant to 441—Chapter 7. The appeal shall be filed with the department within 30 days of the notice of decision to the applicant or family by the licensed agency.

        ITEM 21.    Amend paragraph 108.10(3)"c" as follows:    c.    Supervision to assist the child in developing the needed structure to live in this setting and in locating and using other needed services. Supervision shall include guidance, oversight, and behavior monitoring.    (1)   If the child is under age 18, supervision shall include a minimum of weekly face-to-face contacts.    (2)   For children aged 18 or older, supervision shall include face-to-face contact at least every other week.    (3)   Agency staff shall be present on site in a cluster setting at any time when more than one child is present in the living arrangement and shall be available to the children 24 hours a day, seven days a week.    (4)   The agency shall provide a means for children in a scattered site setting to contact agency personnel 24 hours a day, seven days a weekpersonal care items for youth, and these items shall reflect the individual, cultural, racial, and ethnic needs of the youth living in the agency’s program.    (5)   The agency shall ensure that each child has access to and is receiving necessary medical careprovide a means for children in a scattered site setting to contact agency personnel 24 hours per day, seven days per week.    (6)   The agency shall ensure that each child has access to and is receiving necessary medical care.    ARC 6810CHuman Services Department[441]Notice of Intended Action

    Proposing rule making related to foster care and providing an opportunity for public comment

        The Human Services Department hereby proposes to amend Chapter 156, “Payments for Foster Care,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 237.3.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 237.3.Purpose and Summary    The rules in Chapter 156 were reviewed as part of the Department’s five-year rules review. As a result, the following changes are proposed:

  • Remove references to difficulty of care payments for therapeutic foster care.
  • Update the rate for kinship caregiver payments.
  • Update the subrule regarding clothing allowances to address an increase in the allowance and a change in when it can be issued.
  • Add runaways and family visits as allowable reserve bed payment types under shelter care.
  • Remove the date that coincides with Comm. 502, Instructions for the Combined Cost Report.
  • Change rate-setting methodology for shelter care to reflect rates set in contract.
  • Update language to use the term “department caseworker.”
    • Fiscal Impact     This proposed rule making removes references to difficulty of care payments for therapeutic foster care. It also updates rates for kinship caregiver payments to match the rates the Department currently has in its contract. The proposed rule making also updates the methodology for rate setting in shelter care to reflect the rates set in the contract. Since those rates are already in the Department’s contract and budget, the Department does not believe any of these amendments to have a fiscal impact beyond the amount that has already been absorbed in the Department’s budget prior to any amendments. The Department is also proposing to update the clothing allowance to match what is currently in the budget. The allowance is being increased from $237.50 to $500 for children through the age of 12 and $750 for children aged 13 and older. This reflects the rates the Department has set aside in the budget, so that proposed amendment does not add any additional fiscal impact.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217). Public Comment     Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 31, 2023. Comments should be directed to: Nancy Freudenberg Department of Human Services Hoover State Office Building, Fifth Floor 1305 East Walnut Street Des Moines, Iowa 50319-0114 Email: appeals@dhs.state.ia.us Public Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend paragraph 156.6(4)"c" as follows:    c.    When the foster family’s responsibilities in the case permanency plan include providing transportation related to family or preplacement visits outside the community in which the foster family lives, the department workercaseworker may authorize an additional maintenance payment of $1 per day. Expenses over the monthly amount may be reimbursed with prior approval by the workerdepartment caseworker. Eligible expenses shall include the actual cost of the most reasonable passenger fare or gas.

        ITEM 2.    Rescind paragraphs 156.6(4)"d" and 156.6(4)"e".

        ITEM 3.    Reletter paragraphs 156.6(4)"f" and 156.6(4)"g" as 156.6(4)"d" and 156.6(4)"e".

        ITEM 4.    Amend relettered paragraphs 156.6(4)"d" and 156.6(4)"e" as follows:    d.    For placements made on or after January 1, 2007, the supervisor may approve an additional maintenance payment above the basic rate in subrule 156.6(1) to meet the child’s special needs as identified by the child’s score on Form 470-4401, Foster Child Behavioral Assessment. The placement workerdepartment caseworker shall complete Form 470-4401 within 30 days of the child’s initial entry into foster care.    (1)   Additional maintenance payments made under this paragraph shall begin no earlier than the first day of the month following the month in which Form 470-4401 is completed and shall be awarded as follows:
    1. Behavioral needs rated at level 1 qualify for a payment of $4.81 per day.
    2. Behavioral needs rated at level 2 qualify for a payment of $9.62 per day.
    3. Behavioral needs rated at level 3 qualify for a payment of $14.44 per day.
        (2)   The department shall review the child’s need for this difficulty of care maintenance payment using Form 470-4401:
    1. Whenever the child’s behavior changes significantly;
    2. When the child’s placement changes;
    3. After termination of parental rights, in preparation for negotiating an adoption subsidy or pre-subsidy payment; and
    4. Before a court hearing on guardianship subsidy.
        e.    All maintenance payments, including difficulty of care payments, shall be documented on Form 470-0716, Foster Family Placement Contract.

        ITEM 5.    Amend subrule 156.6(6) as follows:    156.6(6) Return of overpayments.  When a foster family has received payments in excess of those allowed under this chapter, the department caseworker shall ask the foster family to return the overpayment. If the foster family is returning the overpayment to the department, thedepartment caseworker will note the monthly amount the foster family agrees to pay in the family’s case file. The amount returned shall not be less than $50 per month.

        ITEM 6.    Amend paragraph 156.7(2)"a" as follows:    a.    For each eligible child living in a kinship placement, the monthly payment for the child shall be $300a caregiver will receive up to $310 ($10 per day) as a result of a court-ordered placement.

        ITEM 7.    Amend subrule 156.8(1) as follows:    156.8(1) Clothing allowance.      a.    When, in the judgment of the workerdepartment caseworker, clothing is needed at the time the child is removed from the child’s home and placed in foster careand annually thereafter as needed based on the date the child entered foster care, an allowance may be authorized, not to exceed $237.50$500 for the child through the age of 12 and $750 for the child aged 13 and older, to purchase clothing.    a.    Once during each calendar year that the child remains in foster care, the department worker may authorize another clothing allowance, not to exceed $190 for family foster care and $100 for all other levels when:    (1)   The child needs clothing to replace lost clothing or because of growth or weight change, and    (2)   The child does not have escrow funds to cover the cost.    b.    When clothing is purchased by the foster family, the foster family shall submit receipts to the workerdepartment caseworker within 30 days of purchase for auditing purposes, using Form 470-1952, Foster Care Clothing Allowance.

        ITEM 8.    Amend subrule 156.8(6) as follows:    156.8(6) School fees.  Payment for required school fees of a child in foster family care or supervised apartment living that exceed $5 may be authorized by the department workercaseworker in an amount not to exceed $50 per calendar year if the child does not have sufficient escrow funds to cover the cost. Required school fees shall include:    a.    Fees required for participation in school or extracurricular activities; and    b.    Fees related to enrolling a child in preschool when a mental health professional or an intellectual disabilities professional has recommended school attendance.

        ITEM 9.    Amend subparagraph 156.10(1)"a" as follows:    (2)   The facility shall notify the workerdepartment caseworker of each visit and its planned length prior to the visit.

        ITEM 10.    Amend subparagraph 156.10(1)"b" as follows:    (1)   The facility shall contact the workerdepartment caseworker at least 48 hours in advance of a planned hospitalization and within 24 hours after an unplanned hospitalization.

        ITEM 11.    Amend subparagraph 156.10(1)"c" as follows:    (1)   The facility shall notify the workerdepartment caseworker within 24 hours after the child runs away.

        ITEM 12.    Amend subparagraph 156.10(2)"c" as follows:    (1)   The foster family shall notify the workerdepartment caseworker within 24 hours after the child runs away.

        ITEM 13.    Amend subparagraph 156.10(3)"a" as follows:    (1)   The facility shall contact the workerdepartment caseworker at least 48 hours in advance of a planned hospitalization and within 24 hours after an unplanned hospitalization.

        ITEM 14.    Adopt the following new paragraphs 156.10(3)"c" and 156.10(3)"d":    c.    Family visits.Reserve bed payment shall be made for days a child is absent from the facility for family visits when the absence is in accord with the following:    (1)   The visits shall be consistent with the child’s case permanency plan.    (2)   The facility shall notify the department caseworker of each visit and its planned length prior to the visit.    (3)   The intent of the department and the facility shall be for the child to return to the facility after the visit.    (4)   Staff from the facility shall be available to provide support to the child and family during the visit.    (5)   Payment shall be canceled and payments returned if the facility refuses to accept the child back.    (6)   If the department agrees that the return would not be in the child’s best interest, payment shall be canceled effective the day after the joint decision not to return the child.    (7)   Payment shall be canceled effective the day after a decision is made by the court or parent in a voluntary placement not to return the child.    (8)   Payment shall not exceed seven consecutive days, except upon prior written approval of the service area manager. In no case shall payment exceed 14 consecutive days.    (9)   The provider shall document the use of reserve bed days in the daily log and report the number of reserve bed days claimed in the quarterly report.    d.    Runaways.Reserve bed payment shall be made for days a child is absent from the facility after the child has run away when the absence is in accord with the following:    (1)   The facility shall notify the department caseworker within 24 hours after the child runs away.    (2)   The intent of the department and the facility shall be for the child to return to the facility once the child is found.    (3)   Payment shall be canceled and payments returned if the facility refuses to accept the child back.    (4)   If the department agrees that the return would not be in the child’s best interest, payment shall be canceled effective the day after the joint decision not to return the child.    (5)   Payment shall be canceled effective the day after a decision is made by the court or parent in a voluntary placement not to return the child.    (6)   Payment shall not exceed seven consecutive days, except upon prior written approval of the service area manager. In no case shall payment exceed 14 consecutive days.    (7)   The provider shall document the use of reserve bed days in the daily log and report the number of reserve bed days claimed in the quarterly report.

        ITEM 15.    Amend rule 441—156.11(234) as follows:

    441—156.11(234) Emergency juvenile shelter care payment.  Contracted juvenile shelter care facilities approved or licensed in Iowa shall be paid according to the following rate-setting methodologyContracted juvenile shelter care facilities approved or licensed in Iowa shall be paid in accordance with contracted terms, not to exceed the allowable costs as permitted by Iowa Code section 232.141(8).    156.11(1)   The combined service and maintenance reimbursement rate paid to a shelter care provider shall be based on the verified Form 470-5421, Combined Cost Report, submitted to the department, but shall not exceed the prevailing rate. The department shall adjust the provider’s reimbursement rate to the provider’s actual and allowable cost, plus the inflation factor and the $3.99 allowance originated under the tobacco settlement fund, or to the prevailing rate, whichever is less, effective the first day of the month following the department’s receipt from the fiscal consultant of the provider’s verified cost for the most recently reviewed fiscal year.    156.11(2)   Net allowable expenditures are limited to those costs that are considered reasonable, necessary, and related to the service provided to the client as set forth in Comm. 502 (7/16), Instructions for the Combined Cost Report.       This rule is intended to implement Iowa Code sections 234.6 and 234.39.

        ITEM 16.    Adopt the following new implementation sentence in rule 441—156.14(234,252C):       This rule is intended to implement Iowa Code section 234.39.

        ITEM 17.    Adopt the following new implementation sentence in rule 441—156.15(234):       This rule is intended to implement Iowa Code section 234.39.ARC 6811CHuman Services Department[441]Notice of Intended Action

    Proposing rule making related to child care services and providing an opportunity for public comment

        The Human Services Department hereby proposes to amend Chapter 170, “Child Care Services,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 234.6.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 234.6.Purpose and Summary    Chapter 170 was reviewed as part of the Department’s five-year rules review. This proposed rule making removes all references to the term “relatives” because this term has no standing in the child care assistance program. The proposed rule making includes language relating to eligibility for child care for foster children to reflect a recent policy change.    The definition of “PROMISE JOBS” is proposed to be updated to be consistent with the definition in Chapter 40. References are proposed to be added to the definition of “child with special needs” to clarify where the definitions of “qualified intellectual disability professional” and “mental health professional” can be found. The names of forms are proposed to be removed to eliminate unnecessary future changes as form names change. The proposed rule making updates a reference to Iowa’s Food Assistance Program to the Supplemental Nutrition Assistance Program (SNAP) to be consistent with the name of the federal program.    A provider who disagrees with the calculation of a half-day rate may request a review of that decision. After sending a written request to the service area manager and receiving a response, the provider could then file a disagreement with the Bureau of Child Care Services. This proposed rule making updates the name of the bureau, which handles the review of the service area manager’s decision. Requirements of notices of adverse action have been moved from Chapter 7 to Chapter 16. This chapter is proposed to be updated to reflect that change.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Public Comment    Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 31, 2023. Comments should be directed to:Nancy Freudenberg Department of Human Services Hoover State Office Building, Fifth Floor 1305 East Walnut Street Des Moines, Iowa 50319-0114 Email: appeals@dhs.state.ia.usPublic Hearing    No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend 441—Chapter 170, preamble, as follows:    PreambleThe intent of this chapter is to establish requirements for the payment of child care services. Child care services are for children of low-income parents who are in academic or vocational training;, or employed or looking for employment;, or for a limited period of time, unable to care for children due to physical or mental illness;, or needing protective services to prevent or alleviate child abuse or neglect. Services may be provided in a licensed child care center, a registered child development home, the home of a relative, the child’s own home, or a nonregistered family child care home.

        ITEM 2.    Rescind the definition of “Relative” in rule 441—170.1(237A).

        ITEM 3.    Amend rule 441—170.1(237A), definitions of “Child with protective needs,” “Child with special needs,” “PROMISE JOBS,” “Provider” and “Provider error,” as follows:        "Child with protective needs" means a child who is not in foster care andor has a case file that identifies child care as a safety or well-being need to prevent or alleviate the effects of child abuse or neglect. Child care is provided as part of a safety plan during a child abuse or child in need of assistance assessment or as part of the service plan established in the family’s case plan. The child must have:
    1. An open child abuse assessment;
    2. An open child in need of assistance assessment;
    3. An open child welfare case as a result of a child abuse assessment;
    4. A petition on file for a child in need of assistance adjudication; or
    5. Adjudication as a child in need of assistance.
            "Child with special needs" means a child with one or more of the following conditions:
    1. The child has been diagnosed by a physician or by a person endorsed for service as a school psychologist by the Iowa department of education to have a developmental disability which substantially limits one or more major life activities, and the child requires professional treatment, assistance in self-care, or the purchase of special adaptive equipment.
    2. The child has been determined by a qualified intellectual disability professionalas defined in rule 441—83.60(249A) to have a condition which impairs the child’s intellectual and social functioning.
    3. The child has been diagnosed by a mental health professionalas defined in rule 441—24.1(225C) to have a behavioral or emotional disorder characterized by situationally inappropriate behavior which deviates substantially from behavior appropriate to the child’s age, or which significantly interferes with the child’s intellectual, social, or personal adjustment.
            "PROMISE JOBS" means the department’swork and training program, promoting independence and self-sufficiency through employment job opportunities and basic skills, as described in 441—Chapter 93.        "Provider" means a licensed child care center, a registered child development home, a relative who provides care in the relative’s own home solely for a related child, a caretaker who provides care for a child in the child’s home, or a nonregistered child care home.        "Provider error" means and may result from:
    1. Presentation for payment of any false or fraudulent claim for services or merchandise;
    2. Submittal of false information for the purpose of obtaining greater compensation than that to which the provider is legally entitled;
    3. Failure to report the receipt of a child care assistance payment in excess of that approved by the department;
    4. Charging the department an amount for services rendered over and above what is charged private pay clients for the same services;
    5. Failure to maintain a copy of Form 470-4535, Child Care Assistance Billing/Attendance Provider Record, signed by the parent and the provider.

        ITEM 4.    Adopt the following new subparagraph 170.2(1)"b":    (5)   Child care services for licensed foster parents who need child care for foster children are provided without regard to income.

        ITEM 5.    Amend subparagraph 170.2(1)"d" as follows:    (10)   The value of the food assistanceSupplemental Nutrition Assistance Program (SNAP) allotment under the Food and Nutrition Act of 2008.

        ITEM 6.    Amend subparagraph 170.2(2)"b" as follows:    (5)   The parent is looking for employment. Child care for job search hours shall be limited to only those hours the parent is actually looking for employment, including travel time. Job search shall be limited to a maximum of 90 consecutive calendar days.
    1. For applicants, job search shall be approved for a maximum of 90 consecutive calendar days. If the parent has not started employment within 90 days, assistance shall be canceled.
    2. For ongoing participants, job search shall be limited to a maximum of 90 consecutive calendar days and will be treated the same as a temporary lapse in need as described at 170.2(2)“b”(9) and (10)subparagraphs 170.2(2)“b”(10) and (11).

        ITEM 7.    Renumber subparagraphs 170.2(2)"b" and 170.2(2)"b" as 170.2(2)"b" and 170.2(2)"b".

        ITEM 8.    Adopt the following new subparagraph 170.2(2)"b":    (9)   The parent is a licensed foster parent who needs child care for foster children.

        ITEM 9.    Amend paragraph 170.2(2)"d" as follows:    d.    Citizenship.As a condition of eligibility, the applicant shall attest to the child’s citizenship or alien status by signing Form 470-3624 or 470-3624(S), Child Care Assistance Application, or Form 470-0462 or 470-0462(S), Health and Financial Support Application. Child care assistance payments may be made only for a child who:    (1)   Is a citizen or national of the United States; or    (2)   Is a qualified alien as defined at 8 U.S.C. Section 1641. The applicant shall furnish documentation of the alien status of any child declared to be a qualified alien. A child who is a qualified alien is not eligible for child care assistance for a period of five years beginning on the date of the child’s entry into the United States with qualified alien status.Exception: The five-year prohibition from receiving assistance does not apply to:
    1. Qualified aliens described at 8 U.S.C. Section 1613; or
    2. Qualified aliens as defined at 8 U.S.C. Section 1641 who entered the United States before August 22, 1996.

        ITEM 10.    Amend subrule 170.2(3), introductory paragraph, as follows:    170.2(3) Priority for assistance.  Child care services shall be provided only when funds are available. Funds available for child care assistance shall first be used to continue assistance to families currently receiving child care assistance and to families with protective child care needsor licensed foster parents who need child care for foster children. When funds are insufficient, families applying for services must meet the specific requirements in this subrule.

        ITEM 11.    Adopt the following new subparagraph 170.2(3)"b":    (5)   Licensed foster parents who need child care for foster children.

        ITEM 12.    Amend paragraph 170.3(1)"a" as follows:    a.    Application for child care assistance may be made at any local office of the department on:    (1)   Form 470-3624 or 470-3624(S), Child Care Assistance Application,or    (2)   Form 470-0462 or 470-0462(S), Health and Financial Support Application, or    (3)   (2)   Form 470-4377 or 470-4377(S), Child Care Assistance Review, when returned after the end of the certification period.

        ITEM 13.    Adopt the following new paragraph 170.3(2)"f":    f.    Licensed foster parents who need child care for foster children.

        ITEM 14.    Amend subparagraph 170.3(3)"a" as follows:    (2)   Inform the family’s provider through the notice of decision or through Form 470-4444, Certificate of Enrollment.

        ITEM 15.    Amend subparagraph 170.3(3)"c" as follows:    (3)   For a family with protective service needs, the effective date of assistance shall be the date the family signs Form 470-0615 or 470-0615(S), Application for All Social Services.

        ITEM 16.    Amend paragraph 170.3(5)"b" as follows:    b.    The department shall use information gathered on Form 470-4377 or 470-4377(S), Child Care Assistance Review, to redetermine eligibility, except when the family is not required to complete a review form as provided in paragraph 170.3(5)“c.”    (1)   The department shall issue a notice of expiration for the child care assistance certification period on Form 470-4377 or 470-4377(S).    (2)   If the family does not return a complete review form to the department by the end of the certification period, the family must reapply for benefits, except as provided in paragraph 170.3(6)“b.” A complete review form is Form 470-4377 or 470-4377(S) with all items answered that is signed and dated by the applicant and is accompanied by all verification needed to determine continued eligibility.

        ITEM 17.    Amend paragraph 170.3(5)"c" as follows:    c.    Families who have children with protective needs, licensed foster parents who need child care for foster children, and families who are receiving child care assistance because the parent is participating in activities under the PROMISE JOBS program are not required to complete Form 470-4377 or 470-4377(S).    (1)   The department shall issue a notice of expiration for the child care assistance certification period on the notice of decision when the department approves the family’s certification period.    (2)   The department shall gather information needed to redetermine general eligibility. If the department needs information from the family, the department will send a written request to the family. If the family does not return the requested information by the due date, the family must reapply for child care assistance, except as provided in paragraph 170.3(6)“b.”

        ITEM 18.    Amend paragraph 170.3(6)"b" as follows:    b.    Assistance shall be reinstated without a new application when the case was canceled for failure to provide requested information but all information necessary to determine eligibility, including verification of all changes in circumstances, is provided within 14calendar days of the effective date of cancellation and eligibility can be reestablished. If the fourteenth calendar day falls on a weekend or state holiday, the family shall have until the next business day to provide the information. The effective date of child care assistance shall be the date that all information required to establish eligibility is provided.

        ITEM 19.    Amend paragraphs 170.4(3)"a" and 170.4(3)"b" as follows:    a.    Licensed child care center.A child care center shall be licensed by the department to meet the requirements set forth in 441—Chapter 109 and shall have a current Certificate of License, Form 470-0618.    b.    Registered child development home.A child development home shall meet the requirements for registration set forth in 441—Chapter 110 and shall have a current Certificate of Registration, Form 470-3498.

        ITEM 20.    Amend paragraph 170.4(3)"e" as follows:    e.    In-home care.The adult caretakerprovider selected by the parent to provide care in the child’s own home shall be sent Form 470-2890 or 470-2890(S), Payment Application for Nonregistered Providers. The provider shall complete and sign Form 470-2890 or 470-2890(S) and return the form to the department before payment may be made. An identifiable application is an application that contains a legible name and address and that has been signed. Signature on the form certifies the provider’s understanding of and compliance with the conditions and requirements for nonregistered in-home care providers that include:    (1)   Professional development. The provider shall complete:
    1. Prior to provider agreement and every five years thereafter, minimum health and safety trainings, approved by the department, in the following content areas:
    2. Prevention and control of infectious disease, including immunizations.
    3. Prevention of sudden infant death syndrome and use of safe sleep practices.
    4. Administration of medication, consistent with standards for parental consent.
    5. Prevention of and response to emergencies due to food and allergic reactions.
    6. Building and physical-premises safety, including identification of and protection from hazards that can cause bodily injury, such as electrical hazards, bodies of water, and vehicular traffic.
    7. Prevention of shaken baby syndrome and abusive head trauma.
    8. Emergency preparedness and response planning for emergencies resulting from a natural disaster or a human-caused event.
    9. Handling and storage of hazardous materials and appropriate disposal of biocontaminants.
    10. Precautions in transporting children.Minimum health and safety training may be required prior to the five-year period if content has significant changes which warrant that the training be renewed.
    11. Prior to provider agreement, two hours of Iowa’s training for mandatory reporting of child abuse.
    12. Prior to provider agreement, first-aid and cardiopulmonary resuscitation (CPR) training meeting the following requirements:
    13. Training shall be provided by a nationally recognized training organization, such as the American Red Cross, American Heart Association, National Safety Council, American Safety and Health Institute or MEDIC First Aid or by an equivalent trainer using curriculum approved by the department.
    14. First-aid training shall include certification in infant and child first aid.
    15. The provider shall maintain a valid certificate indicating the date of first-aid training and the expiration date.
    16. The provider shall maintain a valid certificate indicating the date of CPR training and the expiration date.
        (2)   Limits on the number of children for whom care may be provided.    (3)   Unlimited parental access to the child or children during hours when care is provided, unless prohibited by court order.    (4)   Conditions that warrant nonpayment.

        ITEM 21.    Amend paragraph 170.4(3)"h" as follows:    h.    National criminal history record checks for in-home care.If a person who provides in-home care applies to receive public funds as reimbursement for providing child care for eligible clients, the provider shall complete Form DCI-45, Waiver Agreement, and Form FD-258, Federal Fingerprint Card.    (1)   The provider subject to this check shall submit any other forms required by the department of public safety to authorize the release of records.    (2)   The provider subject to this check is responsible for any costs associated with obtaining the fingerprints and for submitting the prints to the department.    (3)   Fingerprints may be taken (rolled) by law enforcement agencies or by agencies or companies that specialize in taking fingerprints.    (4)   The national criminal history record check shall be repeated for each person subject to the check every four years and when the department or provider becomes aware of any new transgressions committed by that person in another state.    (5)   The department may rely on the results of previously conducted national criminal history record checks when a person subject to a record check in one child development home or child care home submits a request for involvement with child care in another child care home, so long as the person’s national criminal history record check is within the allowable four-year time frame. All initial or new applications shall require a new national criminal history record check.

        ITEM 22.    Amend subrule 170.4(7), introductory paragraph, as follows:    170.4(7) Payment.  The department shall make payment for child care provided to an eligible family when the family reports their choice of provider to the department and the provider has a completed Form 470-3871 or 470-3871(S), Child Care Assistance Provider Agreement, on file with the department. Both the child care provider and the department worker shall sign this form.

        ITEM 23.    Amend subparagraph 170.4(7)"f" as follows:    (2)   When dissatisfied with the response, the provider may, within 15 calendar days of the response, request a review by the chief of the bureau of financial supportchild care services chief. The provider shall submit to the bureau chief the original request, the response received, and any additional information desired. The bureau chief shall render a decision in writing within 15 calendar days of receipt of the request.

        ITEM 24.    Amend subparagraphs 170.4(7)"g" and 170.4(7)"g" as follows:    (1)   Using Form 470-4534, Child Care Assistance Billing/Attendance; or    (2)   Using an electronic request for payment submitted through the KinderTrack system. Providers using this method shall print Form 470-4535, Child Care Assistance Billing/Attendance Provider Record, to be signed by the provider and the parent. The provider shall keep the signed Form 470-4535 for a period of five years after the billing date.

        ITEM 25.    Amend subrule 170.5(1) as follows:    170.5(1) Provider agreement.  The department may refuse to enter into or may revoke the Child Care Assistance Provider Agreement, Form 470-3871 or 470-3871(S), if any of the following occur:    a.    The department finds a hazard to the safety and well-being of a child, and the provider cannot or refuses to correct the hazard.    b.    The provider has submitted claims for payment for which the provider is not entitled.    c.    The provider fails to cooperate with an investigation conducted by the department of inspections and appeals to determine whether information the provider supplied to the department regarding payment for child care services is complete and correct. Once the agreement is revoked for failure to cooperate, the department shall not enter into a new agreement with the provider until cooperation occurs.    d.    The provider does not meet one of the applicable requirements set forth in subrule 170.4(3).    e.    The provider fails to comply with any of the terms and conditions of the Child Care Assistance Provider Agreement, Form 470-3871 or 470-3871(S).    f.    The provider submits attendance documentation for payment and the provider knows or should have known that the documentation is false or inaccurate.    g.    An overpayment of CCA funds with a balance of $3,000 or more exists for a provider and that provider fails to enter into a repayment agreement with the department of inspections and appeals (DIA) or does not make payments according to the repayment agreement on file with DIA.    h.    The provider is found to have more children in care at one time than allowed for the provider type as found at rule 441—110.6(237A) and 441—subrules 110.13(1), 110.14(1), 110.15(1), 120.6(1) and 170.4(3).

        ITEM 26.    Amend subrule 170.5(5) as follows:    170.5(5) Provider agreement sanction.  If a Child Care Assistance Provider Agreement, Form 470-3871 or 470-3871(S), is terminated for any of the reasons in subrule 170.5(1), the agreement shall remain terminated for the time periods set forth below:    a.    The first time the agreement is terminated, the provider may reapply for another agreement at any time.    b.    The second time the agreement is terminated, the provider may not reapply for another agreement for 12 months from the effective date of termination.    c.    The third or subsequent time the agreement is terminated, the provider may not reapply for another agreement for 36 months from the effective date of termination.    d.    The department shall not act on an application for a child care assistance provider agreement submitted by a provider during the sanction period.

        ITEM 27.    Amend rule 441—170.6(237A) as follows:

    441—170.6(237A) Appeals.  Notice of adverse actions and theaction shall be given in accordance with 441—Chapter 16. The right ofto appeal shall be given in accordance with 441—Chapter 7.

        ITEM 28.    Amend paragraph 170.9(6)"b" as follows:    b.    The department of inspections and appeals shall initiate recoupment by notifying the debtor of the overpayment on Form 470-4530, Notice of Child Care Assistance Overpayment.    ARC 6813CInspections and Appeals Department[481]Notice of Intended Action

    Proposing rule making related to psychiatric medical institutions for children (PMIC) and providing an opportunity for public comment

        The Inspections and Appeals Department hereby proposes to amend Chapter 41, “Psychiatric Medical Institutions for Children (PMIC),” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 10A.104 and 135H.10.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 10A.104, 17A.7(2) and 135H.10.Purpose and Summary    The Department completed a comprehensive review of Chapter 41 in accordance with the requirement in Iowa Code section 17A.7(2). This proposed rule making eliminates redundancy within Chapter 41 by referencing Iowa Code chapter 135H and pertinent federal law, and updates the process for renewal applications and the purchase, transfer, assignment, or lease of a PMIC to conform to current practices. Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6. Public Comment     Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 31, 2023. Comments should be directed to: Ashleigh Hackel Iowa Department of Inspections and Appeals Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Email: ashleigh.hackel@dia.iowa.gov Public Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend rule 481—41.1(135H) as follows:

    481—41.1(135H) Definitions.  The definitions set forth in Iowa Code section 135H.1 are incorporated herein. As used in this chapter:        "Nurse practitioner" means a registered professional nurse who is currently licensed to practice in the state, who meets state requirements and is currently licensed to practice nursing under the nursing board[655] rules in the Iowa Administrative Code.        "Physician" means a person licensed to practice medicine and surgery, osteopathic medicine and surgery or osteopathy under Iowa Code chapter 148, 150 or 150A.        "Physician assistant" means a person licensed to practice under Iowa Code chapter 148C.        "Psychiatric services" means services provided under the direction of a physician which address mental, emotional, medical or behavioral problems.        "Resident" means a person who is less than 21 years of age and has been admitted by a physician to a psychiatric medical institution for children.

        ITEM 2.    Amend rule 481—41.2(135H) as follows:

    481—41.2(135H) Application for license.  In order to obtain an initial license for a PMIC, the applicant must comply with Iowa Code chapter 135H and the rules in this chapter. Each applicant must submit the following documents to the department:
    1. A completed Psychiatric Medical Institutions for Children application;
    2. A copy of a department of human services license as a comprehensive residential care facility issued pursuant to Iowa Code section 237.3(2)“a,” or a copy of a license granted by the department of public health pursuant to Iowa Code section 125.13, as a facility which provides substance abuse treatment;
    3. A floor plan of each floor of the facility on 8½″ by 11″ paper showing:
    Room areas in proportion,;Room dimensions,;Numbers for all rooms including bathrooms,;A designation of use for each room,; andWindow and door locations;
    1. A photograph of the front and side elevation of the facility;
    2. The PMIC license feeset forth in Iowa Code section 135H.5; and
    3. Evidence of:
    Accreditation by the joint commission on accreditation of health care organizations (JCAHO)in accordance with Iowa Code section 135H.6(1)“b”;Department of public health certificate of need;DepartmentApproval of the department of human services determination of approvalin accordance with Iowa Code section 135H.6(1)“e”; andThree years under the direction of an agency which has operated a facility:
  • Licensed under Iowa Code section 237.3(2)“a,” or
  • Providing services exclusively to children or adolescents and the facility meets or exceeds the requirements for licensure under Iowa Code section 237.3(2)“a.”
    •        This rule is intended to implement Iowa Code sections 135H.4, and 135H.5, and 135H.6.

        ITEM 3.    Amend rule 481—41.3(135H) as follows:

    481—41.3(135H) Renewal application or change of ownership.  In order to renew a license or change ownership of the psychiatric medical institution for children, the applicant must submit to the department:
    1. A completed application form 30 days before the renewal date or before the date of the ownership change;and
    2. The PMIC license fee.; and
    3. A copy of any revisions to the department of human services application for a comprehensive care residential facility license.
        41.3(1) Denial, suspension or revocation of a license.  The department may deny, suspend or revoke a PMIC license for any of the following reasons:reasons set forth in Iowa Code section 135H.8.    a.    The applicant or licensee failed to comply with the rules in this chapter;    b.    A resident is a victim of cruelty or neglect because of the acts or omissions of the licensee;    c.    The licensee permitted, aided or abetted in the commission of an illegal act in the institution; or    d.    The applicant or licensee attempted to obtain or retain a license by fraudulent means, misrepresentation, or by submitting false information.The department will issue notice of denial, suspension or revocation by certified mail or by personal service.    41.3(2) Appeal process.  When a license is denied, revoked or suspended, a hearing may be requested pursuant to 481—subrule 50.5(2) and shall be conducted pursuant to rule 481—50.6(10A). During the appeal process, the status of a license shall remain as it was on the date the hearing was requested. The status shall not change until a final decision is rendered by the department.       This rule is intended to implement Iowa Code sections 135H.8 and 135H.9.

        ITEM 4.    Amend rule 481—41.4(135H), introductory paragraph, as follows:

    481—41.4(135H) Licenses for distinct parts.  Separate licenses may be issued for clearly identifiable parts of a health care facility as defined in Iowa Code section 135C.1 or a hospital as defined in Iowa Code section 135B.1. A distinct part must contain contiguous rooms in a separate wing or building or be on a separate floor of the facility. Distinct parts shall provide care and services of separate categories.Separate licenses may be issued for distinct parts of a health care facility which are clearly identifiable, containing contiguous rooms in a separate wing or building or on a separate floor of the facility, and which provide care and services of separate categories. The following requirements shall be met for licensing a distinct part:

        ITEM 5.    Amend rule 481—41.6(135H) as follows:

    481—41.6(135H) Notice to the department.      41.6(1)   The department shall be notified at the times stated when the following events are expected to occur:    a.    Thirty days before addition, alteration or new construction is begun in the PMIC or on the premises;    b.    Thirty days in advance of closure of the PMIC;or change in the category of license sought; and    c.    Within two weeks of any change of administrator; and.    d.    Within 30 days when a change in the category of license is sought.    41.6(2)   Prior to the purchase, transfer, assignment or lease of a PMIC, the licensee shall:    a.    Inform the department in writing of the pending sale, transfer, assignment or lease of the facility;and    b.    Inform the department in writing of the name and address of the prospective purchaser, transferee, assignee or lessee at least 30 days before the sale, transfer, assignment or lease is complete;.    c.    Submit written authorization to the department permitting the department to release information of whatever kind from department files concerning the licensee’s PMIC to the named prospective purchaser, transferee, assignee or lessee.

        ITEM 6.    Amend rule 481—41.9(135H) as follows:

    481—41.9(135H) Certification of need for services.  All recipients of services shall have written certification which ensures the following:
    1. Ambulatory care resources available in the community do not meet the treatment needs of the recipient;
    2. Proper treatment of the recipient’s psychiatric condition requires services on an inpatient basis under the direction of a physician; and
    3. The services can reasonably be expected to improve the recipient’s condition or prevent further regression so services will no longer be needed.
    Certification of need shall be completed by the team described in subrules 41.13(2) and 41.13(3). Certification must be made at the time of admission by an independent team for Medicaid recipients. For emergency admissions, the certification must be made by the team described in 41.13(135H) within 14 days after admission. If an individual applies for Medicaid while in a PMIC, certification of need must be made by the team described in 41.13(135H) before a Medicaid agency authorizes paymentin accordance with 42 CFR Sections 441.152 and 441.153.

        ITEM 7.    Amend paragraph 41.16(2)"b" as follows:    b.    Namesand identities of all complainants; and    ARC 6812CInspections and Appeals Department[481]Notice of Intended Action

    Proposing rule making related to intermediate care facilities for the intellectually disabled and providing an opportunity for public comment

        The Inspections and Appeals Department hereby proposes to amend Chapter 64, “Intermediate Care Facilities for the Intellectually Disabled,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 10A.104 and 135C.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 10A.104, 17A.7(2) and 135C.2.Purpose and Summary    The Department completed a comprehensive review of Chapter 64 in accordance with the requirement in Iowa Code section 17A.7(2). This proposed rule making updates citations and references to pertinent federal law; aligns requirements for the purchase, transfer, assignment, or lease of a facility with current practices; and rescinds the adoption of federal standards that are duplicative of previously adopted federal law. Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.Public Comment     Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 31, 2023. Comments should be directed to: Ashleigh Hackel Iowa Department of Inspections and Appeals Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Email: ashleigh.hackel@dia.iowa.govPublic Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend subrule 64.5(1) as follows:    64.5(1)   Within 48 hours, by letter, any reduction or loss of direct care professional or dietary staff lasting more than seven days which places the staffing ratio of the intermediate care facility for the intellectually disabled below that required for licensingby 42 CFR 483.430(d)(3). No additional residents shall be admitted until the minimum staffing requirements are achieved; (III)

        ITEM 2.    Amend subrules 64.5(7) and 64.5(8) as follows:    64 64.5 5(7)   Prior to the purchase, transfer, assignment, or lease of an intermediate care facility for the intellectually disabled, the licensee shall:    a.    Inform the department of the pending sale, transfer, assignment, or lease of the facility;and (III)    b.    Inform the department of the name and address of the prospective purchaser, transferee, assignee, or lessee at least 30 days before the sale, transfer, assignment, or lease is completed;. (III)    c.    Submit a written authorization to the department permitting the department to release all information of whatever kind from the department’s files concerning the licensee’s intermediate care facility for the intellectually disabled to the named prospective purchaser, transferee, assignee, or lessee. (III)    64 64.5 5(8)   Pursuant to the authorization submitted to the department by the licensee prior to the purchase, transfer, assignment, or lease of an intermediate care facility for the intellectually disabled, the department shall, upon request, send or give copies of all recent licensure surveys and of any other pertinent information relating to the facility’s licensure status to the prospective purchaser, transferee, assignee, or lessee; costs for such copies shall be paid by the prospective purchaser.

        ITEM 3.    Amend paragraph 64.17(7)"c" as follows:    c.    For Title XIX residents, the department of social serviceshealth and human services shall continue funding for the temporary absence as provided under paragraphs “a” and “b” and in accordance with department of social serviceshealth and human services guidelines.

        ITEM 4.    Amend paragraph 64.18(2)"b" as follows:    b.    The resident, or the resident’s legal guardian, shall be entitled to examine all information and shall have the right to secure full copies of the record at reasonable cost upon request, unless the physician or qualified mental health professional determines the disclosure of the record or certain information contained in the record is contraindicated in which case the information will be deleted before the record is made available to the resident. This determination and the reasons for it must be documented in the resident’s record by the physician or qualified mental health professional in collaboration with the resident’s interdisciplinary team. (II)

        ITEM 5.    Amend rule 481—64.34(135C) as follows:

    481—64.34(135C) Employee criminal record checks, child abuse checks and dependent adult abuse checks and employment of individuals who have committed a crime or have a founded abuse.  The facility shall comply with the requirements found in Iowa Code section 135C.33as amended by 2013 Iowa Acts, Senate File 347, and rule 481—50.9(135C) related to completion of criminal record checks, child abuse checks, and dependent adult abuse checks and to employment of individuals who have committed a crime or have a founded abuse. (I, II, III)

        ITEM 6.    Amend subparagraph 64.36(5)"a" as follows:    (3)   A statement, in not less than 12-point type, that reads as follows: (II)You have a right to appeal the facility’s decision to transfer or discharge you. If you think you should not have to leave this facility, you may request a hearing, in writing or verbally, with the Iowa department of inspections and appeals (hereinafter referred to as “department”) within 7 days after receiving this notice. You have a right to be represented at the hearing by an attorney or any other individual of your choice. If you request a hearing, it will be held no later than 14 days after the department’s receipt of your request and you will not be transferred before a final decision is rendered. Extension of the 14-day requirement may be permitted in emergency circumstances upon request to the department’s designee. If you lose the hearing, you will not be transferred before the expiration of either (1) 30 days following your receipt of the original notice of the discharge or transfer, or (2) no sooner than 5 days following final decision of such hearing, including the exhaustion of all appeals, whichever occurs later. To request a hearing or receive further information, call the department at (515)281-4115, or write to the department to the attention of: Administrator, Division of Health Facilities, Department of Inspections and Appeals, Lucas State Office Building, Des Moines, Iowa 50319-0083. (II)

        ITEM 7.    Amend subparagraph 64.36(6)"a" as follows:    (3)   A statement, in not less than 12-point type, that reads as follows: (II)You have a right to appeal the facility’s decision to transfer or discharge you on an emergency basis. If you think you should not have to leave this facility, you may request a hearing, in writing or verbally, with the Iowa department of inspections and appeals (hereinafter referred to as “department”) within 7 days after receiving this notice. You have a right to be represented at the hearing by an attorney or any other individual of your choice. If you request a hearing, it will be held no later than 14 days after the department’s receipt of your request. You may be transferred or discharged before the hearing is held or before a final decision is rendered. If you win the hearing, you have the right to be transferred back into the facility. To request a hearing or receive further information, call the department at (515)281-4115, or write to the department to the attention of: Administrator, Division of Health Facilities, Department of Inspections and Appeals, Lucas State Office Building, Des Moines, Iowa 50319-0083. (II)

        ITEM 8.    Amend rule 481—64.60(135C) as follows:

    481—64.60(135C) Federal regulations adopted—conditions of participation.  Regulations in 42 CFR Part 483, Subpart DI, Sections 410 to 480 effective October 3, 1988, are adopted by reference and incorporated as part of these rules. A copy of these regulations is available on request from the Health Facilities Division, Department of Inspections and Appeals, Lucas State Office Building, Des Moines, Iowa 50319.Classification ofThe classifications for violations isare I, II, and III, determined by the division using the provisions in 481—Chapter 56, “Fining and Citations,” to enforce a fine to cite a facility.Note: The federal interpretive guidelines are printed immediately following 481—Chapter 64.       This rule is intended to implement Iowa Code section 135C.2(3).

        ITEM 9.    Rescind rule 481—64.61(135C).

        ITEM 10.    Amend 481—Chapter 64, implementation sentence, as follows:       These rules are intended to implement Iowa Code sections 10A.202, 10A.40210A.702, 135C.2(3), 135C.2(6), 135C.6(1), 135C.14, 135C.14(8), 135C.25, 135C.25(3), 135C.32, 135C.36, 227.4, 235B.1(6), and 235B.3(11)235E.2.    ARC 6825CInsurance Division[191]Notice of Intended Action

    Proposing rule making related to pharmacy benefits managers and providing an opportunity for public comment

        The Insurance Division hereby proposes to amend Chapter 59, “Pharmacy Benefits Managers,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code chapters 510, 510B and 510C and 2022 Iowa Acts, House File 2384, section 22.State or Federal Law Implemented    This rule making implements, in whole or in part, 2022 Iowa Acts, House File 2384.Purpose and Summary    The proposed amendments update Chapter 59 to implement changes made in 2022 Iowa Acts, House File 2384, regarding pharmacy benefits managers. This proposed rule making adds new definitions for “brand-name drug,” “generic drug,” “ingredient costs,” “prescription drug cost reimbursement fee,” “specialty drug,” and “wholesale acquisition cost.” The proposed rule making also adds provisions regarding penalties and the pharmacy benefits manager annual report.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Division for a waiver of the discretionary provisions, if any, pursuant to 191—Chapter 4. Public Comment     Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Division no later than 4:30 p.m. on February 2, 2023. Comments should be directed to: Andria Seip Iowa Insurance Division 1963 Bell Avenue, Suite 100 Des Moines, Iowa 50315 Phone: 515.654.6575 Email: andria.seip@iid.iowa.govPublic Hearing     A public hearing at which persons may present their views orally or in writing will be held as follows: February 2, 2023 1 to 3 p.m. 1963 Bell Avenue, Suite 100 Des Moines, Iowa     Persons who wish to make oral comments at the public hearing must submit a request to Angela Burke Boston prior to the public hearing to facilitate an orderly hearing. Persons will be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.     Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Angela Burke Boston via email at angela.burke.boston@iid.iowa.gov or by telephone at 515.654.6543 and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Adopt the following new definitions of “Brand-name drug,” “Generic drug,” “Ingredient costs,” “Prescription drug cost reimbursement fee,” “Specialty drug” and “Wholesale acquisition cost” in rule 191—59.2(510B):        "Brand-name drug" means a prescription drug marketed under a proprietary name or registered trademark name, including a biological product. As used in this chapter, a brand-name drug is not a specialty or generic drug.         "Generic drug" means a prescription drug, whether identified by its chemical, proprietary or nonproprietary name, that is therapeutically equivalent to a brand-name drug in dosage, safety, strength, method of consumption, quality, performance and intended use. As used in this chapter, a generic drug is not a specialty or brand-name drug.         "Ingredient costs" means the costs of the component of the prescription drug for prescriptions dispensed. Ingredient costs do not include dispensing fees, copayments received by the pharmacy, service fees or any other type of reimbursement paid to the pharmacy by a pharmacy benefits manager.        "Prescription drug cost reimbursement fee" means the dollar amount reimbursed by a third-party payor to the pharmacy benefits manager for the ingredient costs of a prescription drug. The prescription drug cost reimbursement fee may be a type of third-party payor administrative service fee.         "Specialty drug" means a prescription drug that is prescribed for specialized treatment of chronic or rare afflictions; that requires special handling, administration, dispensing or monitoring; or that is a high-cost oral or injectable medication for nondiabetic use. As used in this chapter, a specialty drug is not a brand-name or generic drug.         "Wholesale acquisition cost" means the same as defined in 42 U.S.C. Section 1395w-3a(c)(6)(B).

        ITEM 2.    Adopt the following new subrule 59.8(5):    59.8(5) Penalties.  A pharmacy benefits manager that fails to timely submit to the commissioner a complete quarterly complaint summary shall pay a late fee of $100. If a pharmacy benefits manager fails to submit a complete quarterly complaint summary within 45 days after the calendar quarter has ended, the pharmacy benefits manager shall be subject to penalties as set forth in rule 191—59.12(505,507,507B,510,510B,510C,514L).

        ITEM 3.    Renumber subrules 59.11(4) to 59.11(6) as 59.11(5) to 59.11(7).

        ITEM 4.    Adopt the following new subrule 59.11(4):    59.11(4) Report content.      a.    Reporting requirement elements.    (1)   A pharmacy benefits manager shall provide information about all rebates which shall include but not be limited to any consideration, incentive, disbursement, discount, payment and any other pecuniary transaction that is provided directly or indirectly to the pharmacy benefits manager from a pharmaceutical manufacturer that adjusts the price of the wholesale acquisition cost of a prescription drug.     (2)   An administrative service fee shall include but not be limited to any consideration, incentive, disbursement, payment and any other pecuniary transaction, other than a rebate, that is provided directly or indirectly to the pharmacy benefits manager from a pharmaceutical manufacturer.     (3)   The aggregate dollar amount of a rebate shall be reported as the wholesale acquisition cost of a prescription drug minus the price negotiated by the pharmacy benefits manager for the same prescription drug.     (4)   Aggregate dollar amounts reported shall be reported as gross aggregate dollar amounts using generally accepted accounting principles (GAAP).    (5)   Information requested about pharmacies shall include any pharmacy services administrative organizations that may represent pharmacies.     (6)   A third-party payor administrative service fee shall include but not be limited to any consideration, incentive, disbursement, payment and any other pecuniary transaction that is provided directly or indirectly to the pharmacy benefits manager from a third-party payor.     (7)   A third-party payor administrative service fee, as defined by Iowa Code section 510C.1, shall not be reported as a benefit or incurred claim provided under a health benefit plan.     b.    Information required under Iowa Code section 510C.2(1)“a” shall include:     (1)   The aggregate dollar amount of all rebates received by the pharmacy benefits manager, either directly or indirectly through a proxy, contractor, subsidiary or parent company, for its business in Iowa.     (2)   The aggregate dollar amount of all rebates received by the pharmacy benefits manager, either directly or indirectly through a proxy, contractor, subsidiary or parent company, for its business nationally.     (3)   The rebate amounts received, based on the information reported in subparagraph 59.11(4)“b”(1), for each of the top prescription drugs for which the pharmacy benefits manager received the highest dollar amount of rebates from the pharmaceutical manufacturer.     1.   Report the aggregate dollar amount of the rebate for each of the top prescription drugs reported pursuant to subparagraph 59.11(4)“b”(3).    2.   Report the aggregate dollar amount of the rebate that was:
  • Passed through to a third-party payor;
  • Passed through to enrollees at the point of sale of a prescription drug; and
  • Retained by the pharmacy benefits manager.
    •     (4)   The rebate amounts received, based on the information reported in subparagraph 59.11(4)“b”(1), for each of the top brand-name drugs prescribed for which the pharmacy benefits manager reimbursed the highest dollar amount based on ingredient costs to pharmacies for its business in Iowa. Brand-name drugs reported pursuant to this subparagraph shall exclude generic and specialty drugs.     1.   Report the aggregate dollar amount of the rebate for each of the top brand-name drugs reported pursuant to this subparagraph.    2.   Report the aggregate dollar amount of the rebate that was:
  • Passed through to a third-party payor;
  • Passed through to enrollees at the point of sale of a prescription drug; and
  • Retained by the pharmacy benefits manager.
    •     c.    Information required under Iowa Code section 510C.2(1)“b” shall include:     (1)   The aggregate dollar amount of all administrative fees received by the pharmacy benefits manager, either directly or indirectly through a proxy, contractor, subsidiary or parent company, for its business in Iowa.     (2)   The aggregate dollar amount of all administrative fees received by the pharmacy benefits manager, either directly or indirectly through a proxy, contractor, subsidiary or parent company, for its business nationally.     d.    Information required under Iowa Code section 510C.2(1)“c” shall include:    (1)   The aggregate dollar amount of all third-party payor administrative service fees received by the pharmacy benefits manager, either directly or indirectly through a proxy, contractor, subsidiary or parent company, for its business in Iowa.     (2)   The aggregate dollar amount of all third-party payor administrative service fees received by the pharmacy benefits manager, either directly or indirectly through a proxy, contractor, subsidiary or parent company, for its business nationally.     (3)   The aggregate dollar amount of all prescription drug cost reimbursement fees received by the pharmacy benefits manager, either directly or indirectly through a proxy, contractor, subsidiary or parent company, for its business in Iowa.     (4)   The aggregate dollar amount of all prescription drug cost reimbursement fees received by the pharmacy benefits manager, either directly or indirectly through a proxy, subsidiary or parent company, for its business nationally.     (5)   The aggregate prescription drug reimbursement fee, based on the top prescription drugs reported in subparagraph 59.11(4)“b”(3), received for each drug that was:     1.   Passed through to the pharmacies as reimbursement for the ingredient costs of prescriptions dispensed by the pharmacies.    2.   Retained by the pharmacy benefits manager.     (6)   The aggregate prescription drug reimbursement fee, based on the top prescription drugs reported in subparagraph 59.11(4)“b”(4), received for each drug that was:     1.   Passed through to the pharmacies as reimbursement for the ingredient costs of prescriptions dispensed by the pharmacies.    2.   Retained by the pharmacy benefits manager.     e.    Information required under Iowa Code section 510C.2(1)“d” shall include:    (1)   The aggregate dollar amount of all rebates received by the pharmacy benefits manager that it did not pass through to the third-party payor through its business in Iowa that is conducted either directly or indirectly through a proxy, contractor, subsidiary or parent company.     (2)   The aggregate dollar amount of all rebates received by the pharmacy benefits manager that it did not pass through to the third-party payor through its business nationally that is conducted either directly or indirectly through a proxy, contractor, subsidiary or parent company.     f.    Information required under Iowa Code section 510C.2(1)“e” shall include:     (1)   The aggregate dollar amount of all administrative fees received by the pharmacy benefits manager that it did not pass through to the third-party payor through its business in Iowa that is conducted either directly or indirectly through a proxy, contractor, subsidiary or parent company.     (2)   The aggregate dollar amount of all administrative fees received by the pharmacy benefits manager that it did not pass through to the third-party payor through its business nationally that is conducted either directly or indirectly through a proxy, contractor, subsidiary or parent company.     ARC 6820CIowa Finance Authority[265]Notice of Intended Action

    Proposing rule making related to disaster recovery housing assistance and providing an opportunity for public comment

        The Iowa Finance Authority hereby proposes to rescind Chapter 29, “Jump-Start Housing Assistance Program,” and adopt a new Chapter 29, “Disaster Recovery Housing Assistance,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 16.5 and 16.57D.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 16.57B and 16.57C as enacted by 2021 Iowa Acts, Senate File 619.Purpose and Summary    The purpose of this proposed rule making is to implement 2021 Iowa Acts, Senate File 619, division XVI, which created a standing vehicle for distributing disaster recovery housing assistance to eligible homeowners in the form of forgivable loans and to eligible renters in the form of grants. The proposed rules describe the operation of the program, define eligible homeowners and eligible renters, describe eligible uses of funds, set the maximum forgivable loan and grant amounts that may be awarded, set the terms of forgivable loans and grants, and allow the Authority to request information as needed to provide reports.    The legislation also established an Eviction Prevention Program. This program allows the Authority to award grants to keep eligible renters in their current residences and to eviction prevention partners to pay for rent or housing stability services for the purpose of preventing the eviction of eligible renters. The proposed rules set the income qualifications for eligible renters in the program, describe the eligible uses of funds, and describe the terms on which grants may be awarded. Both the Disaster Recovery Housing Assistance Program and the Eviction Prevention Program must be activated by a state of disaster emergency proclamation.    Chapter 29 was reviewed as part of the Authority’s five-year rules review. In 2008, the Legislature appropriated funds to assist Iowans in need of housing after natural disasters in the state. Chapter 29 was created to oversee that funding and describe the operation of the program. The Authority has determined that it is appropriate to rescind and replace the chapter because there are no outstanding obligations from this program.Fiscal Impact    The legislation did not appropriate any funds to the programs. The fiscal impact of the rule making can only be determined based on the occurrence of a future natural disaster.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 265—Chapter 18.Public Comment    Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Authority no later than 4:30 p.m. on January 31, 2023. Comments should be directed to:Kristin Hanks-Bents Iowa Finance Authority 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Phone: 515.452.0404 Email: kristin.hanks-bents@iowafinance.comPublic Hearing    No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making action is proposed:

        ITEM 1.    Rescind 265—Chapter 29 and adopt the following new chapter in lieu thereof: CHAPTER 29DISASTER RECOVERY HOUSING ASSISTANCE

    265—29.1(16) Definitions.  For purposes of this chapter, unless the context otherwise requires:        "Authority" means the Iowa finance authority created in Iowa Code section 16.1A.        "Council of governments" "COG" means an Iowa council of governments as defined by Iowa Code chapter 28H.        "Disaster-affected home" means a primary residence that is destroyed or damaged due to a natural disaster that occurs on or after June 16, 2021, and that is located in a county that is the subject of a state of disaster emergency proclamation by the governor that authorizes disaster recovery housing assistance.        "Fund" means the disaster recovery housing assistance fund.        "Local program administrator" means the same as defined in subrule 29.2(1).        "Program" means the disaster recovery housing assistance program, except for where the term “program” is used in rule 265—29.8(16).        "Replacement housing" means housing purchased by a homeowner or leased by a renter needed to replace a disaster-affected home that is destroyed or damaged beyond reasonable repair as determined by a local program administrator.        "Retention agreement" means an agreement as described in subrule 29.5(6).        "Retention period" means a period of time during which a retention agreement will remain in place. The retention period will begin on the date of a loan closing or the date repairs are completed and will end five years after the beginning of the retention period.        "State of disaster emergency" means the same as described in Iowa Code section 29C.6(1).

    265—29.2(16) Operation of program with local program administrators.      29.2(1) Local program administrators.  For purposes of this chapter, “local program administrator” means any of the following:    a.    The cities of Ames, Cedar Falls, Cedar Rapids, Council Bluffs, Davenport, Des Moines, Dubuque, Iowa City, Waterloo, and West Des Moines.    b.    A council of governments whose territory includes at least one county that is the subject of a state of disaster emergency proclamation by the governor that authorizes disaster recovery housing assistance or the eviction prevention program under Iowa Code section 16.57C on or after June 16, 2021.    c.    A community action agency as defined in Iowa Code section 216A.91 whose territory includes at least one county that is the subject of a state of disaster emergency proclamation by the governor that authorizes disaster recovery housing assistance or the eviction prevention program under Iowa Code section 16.57C on or after June 16, 2021.    d.    A qualified local organization, organized as a nonprofit in the state of Iowa, or a governmental entity that provides housing stability services. Housing stability services may include:    (1)   Housing counseling;    (2)   Legal services related to eviction proceedings and maintaining housing stability; and    (3)   Housing navigation services.    29.2(2) Agreements with local government administrators.  The authority will enter into agreements with local program administrators working in disaster-affected counties for the purpose of reviewing applications for disaster recovery housing assistance and determining whether applicants are eligible for assistance under the program.    29.2(3) Review of requests for assistance.  To be considered for a forgivable loan or grant under the program, a homeowner or renter must register for the disaster case management program established pursuant to Iowa Code section 29C.20B. The disaster case manager may refer the homeowner or renter to the appropriate local program administrator. If referred by disaster case managers, homeowners and renters will submit applications to local program administrators in the manner prescribed by the authority. Local program administrators shall accept and review each application. The authority may award a forgivable loan or grant after a local program administrator has determined the following:    a.    Whether the applicant is eligible for assistance.    b.    Whether the requested funds are being requested for a use permitted under the program.    c.    The amount of financial assistance to be awarded to the homeowner or renter.    29.2(4) Administrative fees.  The authority shall not use more than 5 percent of the moneys in the fund on July 1 of a fiscal year for purposes of administrative costs and other program support during the fiscal year. The authority may share a portion of the funds reserved for its administrative costs with local program administrators to reimburse their administrative costs.    29.2(5) Proceeds of repayments.  All loan amounts repaid to the authority by an eligible homeowner pursuant to this chapter shall be returned to the disaster recovery housing assistance fund created in Iowa Code section 16.57B.

    265—29.3(16) Eligibility.      29.3(1) Eligible homeowners.  To be eligible for a forgivable loan under the program, all of the following requirements shall apply:    a.    The homeowner’s disaster-affected home must have sustained damage greater than the damage that is covered by the homeowner’s property and casualty insurance policy insuring the home plus any other state or federal disaster-related financial assistance that the homeowner is eligible to receive.    b.    A local official must either deem the disaster-affected home suitable for rehabilitation or damaged beyond reasonable repair.    c.    The disaster-affected home is not eligible for buyout by the county or city where the disaster-affected home is located, or the disaster-affected home is eligible for a buyout by the county or city where the disaster-affected home is located but the homeowner is requesting a forgivable loan for the repair or rehabilitation of the homeowner’s disaster-affected home in lieu of a buyout.    d.    Assistance under the program must not duplicate benefits provided by any local, state, or federal disaster recovery assistance program.    e.    A homeowner must be referred to the authority or to a local program administrator to be considered for a financial assistance award.    29.3(2) Eligible renters.  To be eligible for a grant under the program, all of the following requirements shall apply:    a.    A local program administrator either deems the disaster-affected home of the renter suitable for rehabilitation but unsuitable for current short-term habitation, or the disaster-affected home is damaged beyond reasonable repair.    b.    Assistance under the program must not duplicate benefits provided by any local, state, or federal disaster recovery assistance program.    c.    A renter must be referred to the authority or to a local program administrator to be considered for a financial assistance award.    d.    A renter must be a party to a written lease.    e.    The landlord must not reside at the same address as the eligible renter.    29.3(3) Registration required.  To be considered for a forgivable loan or grant under the program, a homeowner or renter must register for the disaster case management program established pursuant to Iowa Code section 29C.20B. The disaster case manager may refer the homeowner or renter to the appropriate local program administrator.

    265—29.4(16) Eligible uses of funds.      29.4(1) Forgivable loans.  The authority may award a forgivable loan to an eligible homeowner for any of the following purposes:    a.    Repair or rehabilitation of the disaster-affected home.    b.    Down payment assistance on the purchase of replacement housing, and the cost of reasonable repairs to be performed on the replacement housing to render the replacement housing decent, safe, sanitary, and in good repair. For purposes of this paragraph, “decent, safe, sanitary, and in good repair” means the same as described in 24 CFR §5.703. The amount of down payment assistance that may be awarded to an eligible homeowner must not exceed 25 percent of the purchase price of the home being purchased plus any amount allowed for repairs, or $50,000, whichever is less.    (1)   Replacement housing shall not be located in a 100-year floodplain.    (2)   For purposes of calculating the amount of down payment assistance available to the eligible homeowner, the amount of the down payment assistance will be reduced by the amount of any disaster compensation received by the eligible homeowner in excess of any amount necessary to pay off a mortgage or real estate purchase contract on the disaster-affected home.    (3)   As a condition of receiving down payment assistance, the eligible homeowner must agree that any disaster compensation received subsequent to the closing of the forgivable loan, if not applied toward repayment of a mortgage on the disaster-affected home, shall be used by the eligible homeowner to pay down the balance of the forgivable loan outstanding at the time the eligible homeowner receives such disaster compensation.    (4)   An eligible homeowner shall not use the assistance allowed under this paragraph for the purchase of more than one home.    (5)   Replacement housing must be used as the eligible homeowner’s primary residence.    29.4(2) Grants.  The authority may award a grant to an eligible renter to provide short-term financial assistance for the payment of rent for replacement housing, pursuant to the limitations set forth in subrule 29.6(1).

    265—29.5(16) Loan terms.  Loans made under the program shall, at a minimum, contain the following terms:    29.5(1) Five-year term.  The duration of the loan will be for a term of five years.    29.5(2) Amount.  The maximum amount of a loan made under this program shall be $50,000.    29.5(3) Interest.  Loans made pursuant to the program shall bear no interest.    29.5(4) Forgivability.  Loans made pursuant to the program will be forgiven and the principal amount of the loan reduced by one-sixtieth of the initial loan amount for each full month of the retention period in which the homeowner is not in default pursuant to the loan agreement, beginning on the date of the final disbursement of forgivable loan proceeds.    29.5(5) Repayment due upon sale of home.  If a homeowner who has been awarded a forgivable loan sells a disaster-affected home or replacement housing for which the homeowner received the forgivable loan prior to the end of the loan term, the remaining principal on the forgivable loan shall be due and payable upon the sale of the home.    29.5(6) Retention agreement.  Each loan made pursuant to this program shall be secured by a retention agreement that shall constitute a lien on the title of the real property for which the forgivable loan is made until such time as the forgivable loan has either been fully forgiven or paid in full. However, if an eligible homeowner receives a buyout of the disaster-affected home from the hazard mitigation grant program established in Iowa Code chapter 29C or any other funding source, the receipt of the buyout will not trigger a repayment of assistance received under subrule 29.4(1).    29.5(7) General conditions of assistance.      a.    If an eligible homeowner receives other disaster compensation after a forgivable loan is awarded, the authority may require repayment of some or all of the forgivable loan based on the amount of disaster compensation received and review for any duplication of benefits.    b.    Any home to be purchased, repaired or rehabilitated using assistance under the program must be in compliance with all applicable state and local laws, rules and ordinances. To be eligible for assistance, the home must be in compliance as of the time of closing in the case of purchases, and as of the date of the final disbursement of forgivable loan proceeds in the case of repair or rehabilitation.

    265—29.6(16) Grant terms.  Grants made under the program shall be subject to the following terms:    29.6(1) Award calculation and maximum award.      a.    An eligible renter may be awarded up to six months of rent assistance.    b.    An eligible renter may be awarded retroactive rent assistance.    c.    An eligible renter may be awarded rent assistance to pay late fees provided that the late fees are permissible under Iowa Code chapter 562A or 562B.    d.    Rent assistance will be calculated by first multiplying the monthly rent amount stated on the eligible renter’s lease by the number of months for which assistance is needed, and then adding any eligible retroactive rent assistance and late fees.    e.    The amount of monthly rent assistance used in calculating the award must not exceed the amount stated on the eligible renter’s lease.    f.    The maximum allowable rent assistance that may be awarded must not exceed the lesser of:    (1)   The sum of the amount stated on the eligible renter’s lease multiplied by six months, plus late fees; or    (2)   $5,000.    29.6(2) Priority of awards.  The authority may prioritize awards of rent assistance to eligible renters earning 80 percent or less of the area median income for the county where the replacement housing is located.    29.6(3) Disbursement.  The authority will disburse rent assistance only after a complete application has been received, an award has been approved by the authority, and all applicable conditions for disbursement have been met, including the submission of documentation pertaining to the eligible expenses. Disbursements will be paid directly to the eligible renter’s landlord, unless the authority determines that payment to the landlord is not feasible. If the authority determines it is not feasible to pay the eligible renter’s landlord directly, the authority may disburse payment directly to the eligible renter.

    265—29.7(16) Reporting.  A local program administrator working with the authority to administer assistance provided under rule 265—29.4(16) will submit any information reasonably requested by the authority in sufficient detail to permit the authority to prepare any reports required by the authority, the general assembly or the governor’s office.

    265—29.8(16) Eviction prevention program.      29.8(1) Purpose.  The authority shall establish and administer an eviction prevention program. Under the eviction prevention program, the authority shall award grants to eligible renters and to eviction prevention partners for purposes of this rule. Grants may be awarded upon a state of disaster emergency proclamation by the governor that authorizes the eviction prevention program. Eviction prevention assistance shall be paid out of the fund established in Iowa Code section 16.57B.    29.8(2) Rent assistance.      a.    Grants awarded to eligible renters pursuant to this subrule shall be used for short-term financial rent assistance to keep eligible renters in their current residences.    b.    For the purposes of this subrule, “eligible renter” means a renter whose income meets the qualifications of the program, who is at risk of eviction, and who resides in a county that is the subject of a state of disaster emergency proclamation by the governor that authorizes the eviction prevention program and meets the following requirements:    (1)   To meet the income qualifications of the eviction prevention program established in this rule, a renter’s household income must not exceed 80 percent of the area median income as published annually by the U.S. Department of Housing and Urban Development (HUD) for the county in which the rental unit is located.    (2)   A renter must be a party to a written lease.    (3)   The landlord must not reside at the same address as the eligible renter.    c.    An eligible renter may receive rent assistance subject to the following limitations:    (1)   An eligible renter may be awarded up to six months of rent assistance.    (2)   An eligible renter may be awarded retroactive rent assistance.    (3)   An eligible renter may be awarded rent assistance to pay late fees provided that the late fees are permissible under Iowa Code chapter 562A or 562B.    (4)   Rent assistance will be calculated by first multiplying the monthly rent amount stated on the eligible renter’s lease by the number of months for which assistance is needed, and then adding any eligible retroactive rent assistance and late fees.    (5)   The amount of monthly rent assistance used in calculating the award must not exceed the amount stated on the eligible renter’s lease.    (6)   The maximum allowable rent assistance that may be awarded must not exceed the lesser of the sum of the amount stated on the eligible renter’s lease multiplied by six months plus late fees or $5,000.    d.    A renter will apply for assistance under this rule in the form and manner required by the authority.    e.    The authority will disburse rent assistance under this paragraph only after a complete application has been received, an award has been approved by the authority, and all applicable conditions for disbursement have been met, including the submission of documentation pertaining to the eligible expenses. Disbursements will be paid directly to the eligible renter’s landlord, unless the authority determines that payment to the landlord is not feasible. If the authority determines it is not feasible to pay the eligible renter’s landlord directly, the authority may disburse payment directly to the eligible renter.    29.8(3) Eviction prevention partners.      a.    Grants awarded to eviction prevention partners pursuant to this rule shall be used to pay for rent or housing stability services provided to eligible renters for the purpose of preventing the eviction of eligible renters.    b.    For the purposes of this subrule, “eviction prevention partner” means a local program administrator as defined in subrule 29.2(1).    c.    The authority may enter into an agreement with one or more eviction prevention partners to administer the program. The authority will prepare an agreement for each grant awarded to an eviction prevention partner. The agreement will reflect the terms of the award and may include other terms and conditions reasonably necessary for implementation of the program pursuant to this rule.    d.    Any substantive change to an agreement will require an amendment to the agreement. Amendments shall be requested in writing. No amendment shall be valid unless approved by the authority.    e.    The authority will disburse funds under this paragraph only after an award has been approved by the authority and all applicable conditions for disbursement have been met, including the submission of documentation pertaining to the eligible expenses.    f.    An eviction prevention partner receiving an award under this rule shall submit any information reasonably requested by the authority in sufficient detail to permit the authority to prepare any reports required by the authority, the general assembly or the governor’s office.

    265—29.9(16) Financial assistance subject to availability of funding.  All financial assistance awarded pursuant to this chapter shall be subject to funds being made available to the authority for the purpose of awarding financial assistance to eligible homeowners and eligible renters in disaster-affected counties.       These rules are intended to implement Iowa Code sections 16.57A, 16.57B and 16.57C as enacted by 2021 Iowa Acts, chapter 177, division XVI.    ARC 6818CIowa Finance Authority[265]Notice of Intended Action

    Proposing rule making related to Iowa council on homelessness and providing an opportunity for public comment

        The Iowa Finance Authority hereby proposes to amend Chapter 31, “Council on Homelessness,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 16.5.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 16.2D as amended by 2022 Iowa Acts, House File 2258.Purpose and Summary    2022 Iowa Acts, House File 2258, amended Iowa Code section 16.2D, which establishes the Iowa Council on Homelessness. The Iowa Code section describes the Council’s membership, operation, and duties. The legislation reduced the size of the Council from 38 members to 20 members and made the remaining agency director members nonvoting members. The amendments to the Iowa Code section changed the quorum and voting requirements and changed the membership of the nominating committee. The legislation also eliminated certain duties from Iowa Code section 16.2D.     These proposed amendments update Chapter 31 to reflect the changes to Iowa Code section 16.2D and make changes to rule 265—31.1(16) to improve the organization of the rule. Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 265—Chapter 18. Public Comment     Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Authority no later than 4:30 p.m. on January 31, 2023. Comments should be directed to: Kristin Hanks-Bents Iowa Finance Authority 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Phone: 515.452.0404 Email: kristin.hanks-bents@iowafinance.com Public Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend rule 265—31.1(16) as follows:

    265—31.1(16) OrganizationGeneral.      31.1(1) Locationand staff.      a.    The main office of the council is located at the offices of the Iowa finance authority, located at the address set forth in rule 265—1.3(16). Office hours for the council shall be 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. Written requests may be submitted to the council at this address. Information about the council is available at this website address: www.iowafinanceauthority.govwww.iowafinance.com. The council’s telephone numbers are: (515)725-4900 (general); 1-800-432-7230 (toll-free); 1-800-618-4718 (TTY); and (515)725-4901 (facsimile).    b.    Staff assistance and administrative support shall be provided by the Iowa finance authority as approved by the executive director.    31.1(2) Council members and staffComposition.  The powers of the council are vested in and exercised by 38 voting20 members, 11 of whom are voting members and 9 of whom are nonvoting members. Voting members are appointed by the governor in accordance with Iowa Code section 16.2D.     31.1(3) Terms.  The 2611 voting members selected from the general public shall each serve a two-year term. Terms shall be staggered so half of the voting members are appointed in one year and half are appointed in the year thereafter.     31.1(4) Board officers.  Initially, the council shall, as soon as all members have been appointed, promptlyThe council shall annually elect a chairperson and a vice chairperson, both to a term not to exceed two years ending in Mayand may elect other officers as determined by the council. The chairperson and vice chairperson shall not both be either general public members or agency director members. Thereafter, the chairperson and vice chairperson positions shall rotate between agency director members and general public members so that the chairperson and vice chairperson shall not both be either general public members or agency director members at the same time. Staff assistance and administrative support shall be provided by the Iowa finance authority as approved by the executive director.    31.(3) 31.1(5) Council actionQuorum and voting requirements.  A majority of theSeven voting members of the council shall constitute a quorum. Any action taken by the council must be adopted by an affirmative vote of a majority of its membershipthe quorum.The majority shall not include any member who has a conflict of interest, and a statement by a member who asserts a conflict of interest shall be conclusive for this purpose.     31.(4) 31.1(6) Meetings.  Regular meetings of the council shall be held on the third Friday of the following months: January, March, May, July, September, and November, unless another time of meeting is designated by the council.The council shall meet at least six times per year. Meetings may also be held at the call of the chairperson or whenever a majority of the members so request. The council shall comply with the requirements of Iowa Code chapters 21 and 22. Interested parties are encouraged to attend and participate in council meetings where feasible.    31.(5) 31.1(7) Committees.  The council shall form an executive committee consisting of the council’s chairperson, vice chairperson, and seven members, one of whom shall be the immediate past chairperson if a current member of the council. The chairperson shall appoint the remaining members of the executive committee. The executive committee shall be responsible for reviewing and making recommendations for amendments or changes to the internal rules of procedure. The executive committee shall carry out the business of the council between regularly scheduled council meetings. A majority of the members of the executive committee shall constitute a quorum. Any action taken by the executive committee must be adopted by an affirmative vote of a majority of its members.The council may form an executive committee comprised of not more than six voting members of the council. The membership and size of the committee as well as the terms of the committee members will be established annually by the council. The members of the executive committee may elect a member to serve as a chairperson. A majority of voting committee members constitutes a quorum. Any action taken by the committee must be adopted by an affirmative vote of a majority of its voting members. The chairperson of the council may appoint nonvoting members of the council to serve on the executive committee as nonvoting members. The executive committee will be responsible for reviewing and making recommendations for amendments or changes to the internal rules of procedure. The executive committee will carry out the business of the council between regularly scheduled council meetings.     a.    Nominating committee.The nominating committee shall initially consist of all 12 agency director members. Following the initial appointment of the general public members to the council, theThe council shall annually at its March meeting elect sixfive members, threeat least two of whom shall be agency directornonvoting members and threeat least two of whom shall be general publicvoting members. The chairperson of the council shall also be a voting member. The nominating committee shall nominate persons to the governor to fill the general publicvoting member positions when they become open. A majority of the members of the nominating committee shall constitute a quorum. Any action taken by the nominating committee must be adopted by an affirmative vote of a majority of its members.    b.    Other committees.Other committees may be assembled by the executive committeeThe council may establish other advisory committees and subcommittees comprised of members of the council to carry out various responsibilities of the council. A majority of thevoting members of such a committee shall constitute a quorum. Any action taken by a committee must be adopted by an affirmative vote of a majority of itsvoting members.    c.    Informal working groups.Informal working groups may be assembled from time to time by the chairperson for various tasks.

        ITEM 2.    Amend rule 265—31.2(16) as follows:

    265—31.2(16) Duties of the council.  The duties of the council shall be to:
    1. Develop a process for evaluating state policies, programs, statutes, and rules to determine whether any state policies, programs, statutes, or rules should be revised to help prevent and alleviate homelessness.
    2. Evaluate whether state agency resources could be more efficiently coordinated with other state agencies to prevent and alleviate homelessness.
    3. Work to develop a coordinated and seamless service delivery system to prevent and alleviate homelessness.
    4. Use existing resources to identify and prioritize efforts to prevent persons from becoming homeless and to eliminate factors that keep people homeless.
    5. Identify and use federal and other funding opportunities to address and reduce homelessness within the state.
    6. 6Work to identify causes and effects of homelessness and increase awareness among policymakers and the general public.
    7. 7Advise the governor’s office, the Iowa finance authority, state agencies, and private organizations on strategies to prevent and eliminate homelessness.
    8. Make annual recommendations to the governor regarding matters which impact homelessness on or before September 15.
    9. 9Preparea point-in-time report on homelessness in Iowa and filethe report with the governor and the general assembly on or before the first day of December in each odd-numbered year a report on homelessness in Iowa.
    10. 10Assist in the completion of the state’s continuum of care application to the U.S. Department of Housing and Urban Development.

        ITEM 3.    Amend 265—Chapter 31, implementation sentence, as follows:       These rules are intended to implement Iowa Code sections 16.5(1)“r” and 16.2Dand 2022 Iowa Acts, House File 2258.    ARC 6819CIowa Finance Authority[265]Notice of Intended Action

    Proposing rule making related to housing renewal pilot program and providing an opportunity for public comment

        The Iowa Finance Authority hereby proposes to adopt new Chapter 47, “Housing Renewal Pilot Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 16.5.State or Federal Law Implemented    This rule making implements, in whole or in part, 2022 Iowa Acts, House File 2564.Purpose and Summary    The purpose of this proposed rule making is to implement 2022 Iowa Acts, House File 2564, division III, which created a Housing Renewal Pilot Program and Housing Renewal Program Fund within the Authority. The legislation authorized the Authority to allocate funds to a nonprofit Iowa affiliate that is to award grants to eligible participants. The legislation defined eligible activities for program funds as the acquisition, rehabilitation, and resale of ownership units; the acquisition and demolition of blighted structures; and the redevelopment of ownership units. The legislation also set forth additional requirements for the administration of the program and the use of funds.    This proposed rule making describes the operation of the program by defining relevant terms, establishing requirements related to agreements, and establishing a reporting requirement to assist with the preparation of the report required in division III of the legislation.Fiscal Impact    This proposed rule making has no known fiscal impact to the State of Iowa beyond that of the legislation it is intended to implement. 2022 Iowa Acts, House File 2564, creates a new General Fund appropriation for FY 2023. Division III of House File 2564 appropriated $500,000 to the Authority for the Housing Renewal Pilot Program. Division III also permits the Authority to use no more than 5 percent of the moneys allocated to the Housing Renewal Pilot Program for administration and oversight of the program.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 265—Chapter 18. Public Comment     Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Authority no later than 4:30 p.m. on January 31, 2023. Comments should be directed to: Kristin Hanks-Bents Iowa Finance Authority 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Phone: 515.452.0404 Email: kristin.hanks-bents@iowafinance.comPublic Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making action is proposed:

        ITEM 1.    Adopt the following new 265—Chapter 47: CHAPTER 47HOUSING RENEWAL PILOT PROGRAM

    265—47.1(89GA,HF2564) Purpose.  Pursuant to 2022 Iowa Acts, House File 2564, division III, a housing renewal program fund is established under the control of the Iowa finance authority. The authority shall provide moneys from the fund to a nonprofit Iowa affiliate to award grants under the program. Grantees shall use the funds for the purpose of investing in housing rehabilitation and redevelopment for resale to an income-qualified buyer who occupies the home as the buyer’s primary residence.

    265—47.2(89GA,HF2564) Definitions.          "Authority" means the Iowa finance authority created in Iowa Code section 16.1A.        "Eligible participant" means a city, a county, a consortium of local governments, or an organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code with whom a nonprofit affiliate elects to partner.        "Grantee" means an eligible participant awarded a grant under the program.         "Nonprofit Iowa affiliate" "nonprofit affiliate" means a nonprofit Iowa affiliate of a nonprofit international organization whose primary activity is the promotion of the construction, remodeling, or rehabilitation of one-family or two-family dwellings for use by low-income families.        "Redevelopment" means activities including new construction of housing on vacant or demolished properties on infill lots or the conversion of property from a nonresidential use to housing.        "Rehabilitation" means renovation, remodeling and repair of existing housing units for continued residential use.

    265—47.3(89GA,HF2564) Agreement.      47.3(1)   The authority will prepare an agreement between the authority and the nonprofit affiliate. The agreement may include terms and conditions reasonably necessary for implementation of the program pursuant to this chapter and 2022 Iowa Acts, House File 2564.    47.3(2)   Any substantive change to the nonprofit affiliate’s proposed uses of funds shall require an amendment to the agreement. Amendments shall be requested in writing. No amendment shall be valid until approved by the authority.    47.3(3)   The nonprofit affiliate must prepare an agreement for each project approved for an award. The agreement will reflect the terms of the award and may include other terms and conditions reasonably necessary for implementation of the program pursuant to this chapter and 2022 Iowa Acts, House File 2564. The nonprofit affiliate and the grantee must execute an agreement before funds are disbursed by the nonprofit affiliate. The nonprofit affiliate must provide a copy of each agreement executed by the affiliate and a grantee to the authority within 30 days of execution.

    265—47.4(89GA,HF2564) Reporting.      47.4(1)   The nonprofit affiliate must submit a report to the authority on or before November 30 of each year.    47.4(2)   In addition to the requirements described in 2022 Iowa Acts, House File 2564, division III, the nonprofit affiliate must report on each of the following:    a.    A description of each grantee’s project and grantee’s progress toward completion of its projects.    b.    The sale price and sale closing date of each ownership unit.    c.    The income level of each homebuyer purchasing an ownership unit.    d.    The street address, city, zip code and county of each ownership unit.    e.    The amount of funds awarded to each grantee.    f.    The amount of funds expended by each grantee.    g.    The amount of funds obligated by each grantee.    h.    The amount of funds leveraged by each grantee.    i.    Any other information reasonably requested by the authority in sufficient detail to permit the authority to prepare any reports required by the authority, the general assembly or the governor’s office.       These rules are intended to implement 2022 Iowa Acts, House File 2564, division III.    ARC 6823CIowa Public Employees’ Retirement System[495]Notice of Intended Action

    Proposing rule making related to five-year rules review and providing an opportunity for public comment

        The Iowa Public Employees’ Retirement System (IPERS) hereby proposes to amend Chapter 1, “Organization,” Chapter 4, “Employers,” Chapter 6, “Covered Wages,” Chapter 11, “Application for, Modification of, and Termination of Benefits,” Chapter 12, “Calculation of Monthly Retirement Benefits,” and Chapter 16, “Domestic Relations Orders and Other Assignments,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 97B.4 and 97B.15.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 97B.Purpose and Summary    This proposed rule making is intended to conform rules with other rules and statutes or rescind rules that are outdated, redundant, inconsistent, or no longer in effect to meet the requirements of the statutory five-year review of rules for Chapters 1 through 5; to implement contribution rates for all classes of members; to correct an inaccuracy within rule 495—1.3(97B) as to the assignment of the duty to establish funding policy; to further clarify in subrule 6.3(15) which earnings constitute reemployment earnings; to aid in the continued effort to eliminate confusion while ensuring consistency between similar rules and processes as in amended subrules 11.5(1) and 12.7(3); and to seek to better reflect actual current practice with the process described in paragraph 16.2(3)“i.”Fiscal Impact    IPERS’ enabling legislation requires that employer and employee contribution rates for each member class be updated every fiscal year. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition IPERS for a waiver of the discretionary provisions, if any. Public Comment     Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by IPERS no later than 4:30 p.m. on February 1, 2023. Comments should be directed to: Cheryl Vander Hart Iowa Public Employees’ Retirement System 7401 Register Drive Des Moines, Iowa 50321 Phone: 515.281.7623 Email: cheryl.vanderhart@ipers.org Public Hearing    A public hearing at which persons may present their views orally or in writing will be held online (teams.microsoft.com/l/meetup-join) and in person as follows: February 1, 2023 10 a.m. to 12 noon IPERS 7401 Register Drive Des Moines, Iowa     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.     Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact IPERS and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend rule 495—1.3(97B) as follows:

    495—1.3(97B) Administration.  The chief executive officer, through the chief investment officer and the chief benefits officer, shall administer Iowa Code chapters 97, 97B, and 97C. The chief executive officer shall execute contracts on behalf of IPERS and shall, after consultation with the board and other agency staff, establish and administer the budget, funding policy and such other duties as are required or permitted in Iowa Code section 97B.4. The chief executive officer may make expenditures, reports, and investigations as necessary to carry out the powers and duties created in Iowa Code chapter 97B and may obtain, as necessary, the specialized services of individuals or organizations on a contract-for-service basis. The chief executive officer shall be the agency’s statutory designee with respect to rule-making power.    1.3(1) Location.  IPERS’ headquarters is located at 7401 Register Drive, Des Moines, Iowa. General correspondence, inquiries, requests for information or assistance, complaints, or petitions shall be addressed to: Chief Executive Officer, Iowa Public Employees’ Retirement System, P.O. Box 9117, Des Moines, Iowa 50306-9117.    1.3(2) Business hours.  Business hours are 8 a.m. to 4:30 p.m., Monday through Friday, excluding officially designated holidays.

        ITEM 2.    Amend subrules 4.6(1) to 4.6(3) as follows:    .(1)   Contribution rates for regular class members.    a.    The following contribution rates were established by the Iowa legislature for all regular class members for the indicated periods:Effective July 1, 2007Effective July 1, 2008Effective July 1, 2009Effective July 1, 2010Effective July 1, 2011Combined rate9.95%10.45%10.95%11.45%13.45%    Employer6.05%6.35%6.65%6.95%8.07%    Employee3.90%4.10%4.30%4.50%5.38%    b.    Effective July 1, 2012, and every year thereafter, the contribution rates for regular members shall be publicly declared by IPERS staff no later than the preceding December as determined by the annual valuation of the preceding fiscal year. The public declaration of contribution rates will be followed by rule making that will include a notice and comment period and that will become effective July 1 of the next fiscal year. Contribution rates for regular members are as follows.Effective July 1, 2018Effective July 1, 2019Effective July 1, 2020Effective July 1, 2021Effective July 1, 2022 Effective July 1, 2023 Combined rate15.73%15.73%15.73%15.73%15.73%15.73%    Employer9.44%9.44%9.44%9.44%9.44%9.44%    Employee6.29%6.29%6.29%6.29%6.29%6.29%    .(2)   Contribution rates for sheriffs and deputy sheriffs are as follows.Effective July 1, 2018Effective July 1, 2019Effective July 1, 2020Effective July 1, 2021Effective July 1, 2022Effective July 1, 2023Combined rate19.52%19.02%18.52%18.02%17.52%17.02%    Employer9.76%9.51%9.26%9.01%8.76%8.51%    Employee9.76%9.51%9.26%9.01%8.76%8.51%    .(3)   Contribution rates for protection occupations are as follows.Effective July 1, 2018 Effective July 1, 2019Effective July 1, 2020Effective July 1, 2021Effective July 1, 2022Effective July 1, 2023Combined rate17.02%16.52%16.02%15.52%15.52%15.52%    Employer10.21%9.91%9.61%9.31%9.31%9.31%    Employee6.81%6.61%6.41%6.21%6.21%6.21%

        ITEM 3.    Amend subrule 6.3(15) as follows:    6.3(15) Employer contributions as remuneration counted against the reemployment earnings limit.  Employer contributions made on behalf of retired reemployed members to tax qualified and nonqualified retirement and deferred compensation plans and to other fringe benefit arrangements, excluding health insurance plans and programs, shall constitute remuneration from employment which shall be applied to the reemployment earnings limits and reductions set forth under rule 495—12.8(97B). Such contributions, even if counted as remuneration hereunder, shall not be counted as covered wages, unless the facts in the particular case indicate that, under the circumstances, the arrangement should be treated as covered wages under rules 495—6.1(97B) through 495—6.5(97B). Nonelective employer contributions to the following shall constitute remuneration when determining reemployment earnings limits: tax qualified retirement and deferred compensation plans; all nonqualified retirement plans and deferred compensation arrangements; IRAs; rabbi, secular, and other trust arrangements; split dollar and other life insurance arrangements; and long-term care insurance.Bonuses and allowances will also be counted as reemployment earnings.

        ITEM 4.    Amend subrule 11.5(1) as follows:    11.5(1) Bona fide retirement—general.  To receive retirement benefits, a member under the age of 70 must officially leave employment with all IPERS-covered employers, give up all rights as an employee, and complete a period of bona fide retirement. A period of bona fide retirement means four or more consecutive calendar months for which the member qualifies for monthly retirement benefit payments. The qualification period begins with the member’s first month of entitlement for retirement benefits as approved by IPERS. A member may not return to covered employment before filing a completed application for benefits. Notwithstanding the foregoing, the continuation of group insurance coverage at employee rates for the remainder of the school year for a school employee who retires following completion of services by that individual shall not cause that person to be in violation of IPERS’ bona fide retirement requirements.A member will not be considered to have a bona fide retirement if the member is a school or university employee and returns to work with the employer after the normal summer vacation. In other positions, temporary or seasonal interruption of service which does not terminate the period of employment does not constitute a bona fide retirement. A member also will not be considered to have a bona fide retirement if the member has, prior to or during the member’s first month of entitlement, entered into verbal or written arrangements with the member’s former employer(s) to return to employment after the expiration of the four-month bona fide retirement period.Effective July 1, 1990, a school employee will not be considered terminated if, while performing the normal duties, the employee performs for the same employer additional duties which take the employee beyond the expected termination date for the normal duties. Only when all the employee’s compensated duties cease for that employer will that employee be considered terminated.The bona fide retirement period shall be waived for an elected official covered under Iowa Code section 97B.1A(8)“a”(1), and for a member of the general assembly covered under Iowa Code section 97B.1A(8)“a”(2), when the elected official or legislator notifies IPERS of the intent to terminate IPERS coverage for the elective office and, at the same time, terminates all other IPERS-covered employment prior to the issuance of the retirement benefit. Such an elected official or legislator may remain in the elective office and receive an IPERS retirement without violating IPERS’ bona fide retirement rules. If such elected official or legislator terminates coverage for the elective office and also terminates all other IPERS-covered employment but is then reemployed in covered employment, and has not received a retirement as of the date of hire, the retirement shall not be made. Furthermore, if such elected official or legislator is reemployed in covered employment, the election to revoke IPERS coverage for the elective position shall remain in effect, and the elected official or legislator shall not be eligible for new IPERS coverage for such elected position. The prior election to revoke IPERS coverage for the elected position shall also remain in effect if such elected official or legislator is reelected to the same position without an intervening term out of office. The bona fide retirement period will be waived if the member has been elected to public office whichas a part-time elected official or a member of the general assembly and the member’s term begins during the normal four-month bona fide retirement period. This includes elected officials who shall be covered under this chapter as defined in Iowa Code section 97B.1A. This waiver does not apply if the member was an elected official who was reelected to the same position for another term.Effective July 1, 2000, a member does not have a bona fide retirement until all employment with covered employers, including employment which is not covered under this chapter, is terminated for at least one month, and the member does not return to covered employment for an additional three months. In order to receive retirement benefits, the member must file a completed application for benefits before returning to any employment with a covered employer.Effective July 1, 20182023, a member will not have a bona fide retirement if the member enters into a verbal or written arrangement to perform duties for the member’s former employer(s) as an independent contractor prior to or during the member’s first month of entitlement or performs, and the member shall not perform any duties for the member’s former employer(s) as an independent contractor prior to receiving four monthsone month of retirement benefits.

        ITEM 5.    Amend subrule 11.5(4) as follows:    11.5(4) Members of the national guard who are called into state active duty.  Effective May 25, 2008, members of the national guard who are called into state active duty as defined in Iowa Code section 29A.1 in noncovered positions during the required period of complete severance will not be in violation of the bona fide retirement requirements of Iowa Code section 97B.52A as amended by 2010 Iowa Acts, House File 2518, section 33.

        ITEM 6.    Amend subrule 11.7(6) as follows:    11.7(6) Offsets against amounts payable.  IPERS may, in addition to other remedies and after notice to the recipient, request an offset against amounts owing to the recipient by the state according to the offset procedures pursuant to Iowa Code sections 8A.504 and 421.17, or section 421.65 as enacted by 2020 Iowa Acts, House File 2565, section 16, as applicable.

        ITEM 7.    Amend subrule 12.7(1) as follows:    12.7(1)   Effective July 1, 1998, the monthly benefit payments for a member under the age of 65 who has a bona fide retirement and is then reemployed in covered employment shall be reduced by 50 cents for each dollar the member earns in excess of the annual limit. Effective July 1, 2002March 23, 2022, this reduction is not required until the member earns the amount of remuneration permitted for a calendar year for a person under the age of 65 before a reduction in federal social security retirement benefits is required, or earns $30,000, whichever is greateras defined in Iowa Code section 97B.48A. The foregoing reduction shall apply only to IPERS benefits payable for the applicable year that the member has reemployment earnings and after the earnings limit has been reached. Said reductions shall be applied as provided in subrule 12.7(2).Effective January 1, 1991, this earnings limitation does not apply to covered employment as an elected official. A member aged 65 or older who has completed at least four full calendar months of bona fide retirement and is later reemployed in covered employment shall not be subject to any wage-earning disqualification.

        ITEM 8.    Amend subrule 12.7(3) as follows:    12.7(3)   A member who is reemployed in covered employment after retirement may, after again retiring from employment, request a recomputation of benefits. The member’s retirement benefit shall be increased, if possible, by the addition of a second annuity, which is based on years of reemployment service, reemployment covered wages and the benefit formula in place at the time of the recomputation. A maximum of 30 years of service is creditable to an individual retired member. If a member’s combined years of service exceed 30, a member’s initial annuity may be reduced by a fraction of the years in excess of 30, divided by 30. The second retirement benefit will be treated as a separate annuity by IPERS.Effective July 1, 1998, a member who is reemployed in covered employment after retirement may, after again terminating employment for at least one full calendar month30 days, elect to receive a refund of the employee and employer contributions made during the period of reemployment in lieu of a second annuity. If a member requests a refund in lieu of a second annuity, the related service credit shall be forfeited.Effective July 1, 2007, employer contributions described in 495—subrule 6.3(13) shall constitute “remuneration” for purposes of applying the reemployment earnings limit and determining reductions in the member’s monthly benefits but shall not be considered covered wages for IPERS benefits calculations.It is the member’s responsibility to apply for the recomputation or lump sum by completing and submitting the form specified by IPERS.

        ITEM 9.    Amend paragraph 16.2(3)"i" as follows:    i.    A domestic relations order shall not become effective until it is approved by IPERSqualification. If a member is receiving a retirement allowance at the time a domestic relations order is receiveddeemed qualified by the system, the order shall be effective only with respect to payments made after the order is determined to be a QDROthe appropriate appeal period has elapsed or been waived by the signature of both parties or their respective counsel. Payment to the alternate payee will be withheld from the member’snext monthly payment the monthafter the date the alternate payee’s application is mailed by IPERS. If the member is not receiving a retirement allowance at the time a domestic relations order is approvedqualified by IPERS and the membersubsequently applies for a refund or monthly allowance, or dies, no distributions shall be made until the respective rights of the parties under the domestic relations order are determined by IPERS. If IPERS has placed a hold on the member’s account following written or verbal notification from the member, member’s spouse, oreither party’s respective legal representative of either party of a pending dissolution of marriage, and no further contacts are received from either party or their representatives within the following one-year period, or IPERS has not received and qualified a domestic relations orderwithin that time period, IPERS shall release the hold.    ARC 6816CNatural Resource Commission[571]Notice of Intended Action

    Proposing rule making related to physician assistants and other medical care providers and providing an opportunity for public comment

        The Natural Resource Commission (Commission) hereby proposes to amend Chapter 12, “Conservation Education,” Chapter 15, “General License Regulations,” and Chapter 94, “Nonresident Deer Hunting,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 147.77 as amended by 2022 Iowa Acts, House File 803, and sections 321G.2, 321I.2, 462A.3(2) and 483A.27(8).State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 147.77 as amended by 2022 Iowa Acts, House File 803, and sections 321G.23, 321I.25, 462A.12(6), 462A.12A, 483A.8(8), 483A.24(12) and 483A.27(4).Purpose and Summary    2022 Iowa Acts, House File 803, allowed physician assistants to perform various duties that are within their undisputed scope of practice. The legislation specifically directed agencies to add physician assistants to rules that are currently limited in scope to physicians. Chapters 12, 15, and 94 each contain provisions that reference physicians. This proposed rule making amends these chapters as required by the legislation.    The Commission also proposes to amend the rules to include other medical professionals: specifically, doctors of osteopathy and nurse practitioners. Authorizing a suite of medical professionals to complete certain tasks enables a volunteer instructor and/or hunter to utilize the volunteer instructor’s or hunter’s preferred care provider.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. A copy of the fiscal impact statement is available from the Department of Natural Resources (Department) upon request. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found. A copy of the jobs impact statement is available from the Department upon request. Waivers    This rule is subject to the waiver provisions of 571—Chapter 11. Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any. Public Comment     Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 31, 2023. Comments should be directed to: Tamara McIntosh Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: tamara.mcintosh@dnr.iowa.gov Public Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend rule 571—12.25(321G,321I,462A,483A) as follows:

    571—12.25(321G,321I,462A,483A) Grounds for revocation or suspension of instructor certification.  The department may, at any time, seek to revoke or suspend the instructor certification of any person who:
    1. Fails to meet the instructor responsibilities and requirements as outlined in rule 571—12.24(321G,321I,462A,483A).
    2. Fails to follow the policies and procedures of the department.
    3. Falsifies any information that may be required by the department. Falsifying information is understood to mean purposefully supplying information that is inaccurate or misleading or the intentional omission of information.
    4. Handles any equipment in an unsafe manner, or allows any student or other instructor to handle equipment in a reckless or unsafe manner.
    5. Is convicted of or forfeits a bond for any fish and game, snowmobile, ATV, or navigation violation of this state or any other state. Anyone who has a privilege to operate a motor vehicle suspended, barred, or revoked shall not be eligible to be an instructor for the snowmobile, ATV, or snow groomer operator education programs.
    6. Uses profanity or inappropriate language, such as any type of sexist or racial references or generalities.
    7. Engages in the physical punishment of a student, including the use of unreasonable or unnecessary physical force or physical contact made with the intent to cause pain, or any type of indecent contact with a child as defined by the Iowa Code.
    8. Participates in a course while under the influence of alcohol or any illegal drug or while ingesting prescription medication in a manner contrary to the dosing directions given by the prescribing physician.The prescribing physician shall be a licensed physician, osteopathic physician, physician assistant, or advanced registered nurse practitioner.
    9. Has substantiated complaints filed against the instructor by the public, department personnel, or another certified instructor.
    10. Fails to meet the requirements in subrule 12.24(2) or 12.24(3).
    11. Is under investigation for committing, is in the process of a judicial proceeding based on the allegation of committing, or is convicted of committing a felony or an aggravated or serious misdemeanor as defined in the statutes of this state or another state. Every certified instructor is subject to a criminal history check and conservation violation check at any time during the instructor’s tenure as an instructor.
    12. Receives compensation directly or indirectly from students for time spent preparing for or participating in an education course.
    13. Teaches an education course without another adult present without prior department approval.

        ITEM 2.    Amend subrules 15.22(2) and 15.22(4) as follows:    15 15.22 22(2) Application for authorization card.  An individual requesting use of a crossbow for hunting deer or turkey must submit an application for an authorization card on forms provided by the department. The application must include a statement signed by the applicant’s physician declaring that the individual is not physically capable of shooting a bow and arrow.The attending physician shall be a licensed physician, osteopathic physician, physician assistant, or advanced registered nurse practitioner. A first-time applicant must submit the authorization card application no later than ten days before the last day of the license application period for the season the person intends to hunt.    15 15.22 22(4) Validity and forfeiture of authorization card.  A card authorizing the use of a crossbow for hunting deer and turkey will be valid for as long as the person is incapable of shooting a bow and arrow. If a conservation officer has probable cause to believe the person’s handicapped status has improved, making it possible for the person to shoot a bow and arrow, the department may, upon the officer’s request, require the person to obtain in writing a current physician’s statement.The attending physician shall be a licensed physician, osteopathic physician, physician assistant, or advanced registered nurse practitioner.If the person is unable to obtain a current physician’s statement confirming that the person is incapable of shooting a bow and arrow, the department may initiate action to revoke the authorization card pursuant to 571—Chapter 7.

        ITEM 3.    Amend subrule 94.10(1) as follows:    94.10(1) Licenses.  A nonresident meeting the requirements of Iowa Code section 321L.1(8) may apply for or purchase a nonresident deer hunting license to participate in a special deer hunting season for severely disabled persons. Nonresidents applying for this license must have on file with the department of natural resources either a copy of a disabilities parking permit issued by a state department of transportation or an Iowa DNR form signed by a physician that verifies their disability.The attending physician shall be a licensed physician, osteopathic physician, physician assistant, or advanced registered nurse practitioner.    ARC 6815CNatural Resource Commission[571]Notice of Intended Action

    Proposing rule making related to furbearer hunting and trapping and providing an opportunity for public comment

        The Natural Resource Commission (Commission) hereby proposes to amend Chapter 108, “Mink, Muskrat, Raccoon, Badger, Opossum, Weasel, Striped Skunk, Fox (Red and Gray), Beaver, Coyote, River Otter, Bobcat, Gray (Timber) Wolf and Spotted Skunk Seasons,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 455A.5(6)“a,” 481A.38, 481A.39 and 481A.87.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 481A.87.Purpose and Summary    Chapter 108 sets the season dates, bag limits, possession limits, and areas open to hunting or trapping furbearers. This rule making proposes to extend the regular furharvest season by one month. The season will end on the last day of February (February 28), rather than the last day of January (January 31). This rule making also proposes a continuous open season statewide for raccoon hunting and trapping. This proposed amendment is biologically responsible, as required by law. It will also increase recreational opportunities for Iowa fur harvesters while reducing negative social issues associated with high raccoon and other furbearer densities.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. A copy of the fiscal impact statement is available from the Department of Natural Resources (Department) upon request.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found. A copy of the jobs impact statement is available from the Department upon request.Waivers    This rule is subject to the waiver provisions of 571—Chapter 11. Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any.Public Comment    Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on February 6, 2023. Comments should be directed to:Vince Evelsizer Iowa Department of Natural Resources 1203 North Shore Drive Clear Lake, Iowa 50428 Email: vince.evelsizer@dnr.iowa.govPublic Hearing    A public hearing at which persons may present their views orally or in writing will be held as follows. Upon arrival, attendees should proceed to the fourth floor to check in at the Department reception desk and be directed to the appropriate hearing location.February 6, 2023 12 noon to 1 p.m.Conference Room 4E Wallace State Office Building Des Moines, Iowa    Persons who wish to make oral comments at the public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.    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 and advise of specific needs.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend rule 571—108.1(481A), introductory paragraph, as follows:

    571—108.1(481A) Mink, muskrat and weasel.  Open season for the taking of mink, muskrat and weasel shall be from 8 a.m. on the first Saturday in November through January 31February 28 of succeeding year. Entire state open. No bag or possession limit.

        ITEM 2.    Amend rule 571—108.2(481A) as follows:

    571—108.2(481A) Raccoon, badgerBadger, opossum and striped skunk.  Open season for the taking of raccoon, badger, opossum, and striped skunk shall be from 8 a.m. on the first Saturday in November through January 31February 28 of succeeding year. Entire state open. No bag or possession limit.

        ITEM 3.    Renumber rules 571—108.3(481A) to 571—108.9(481A) as 571—108.4(481A) to 571—108.10(481A).

        ITEM 4.    Adopt the following new rule 571—108.3(481A):

    571—108.3(481A) Raccoon.      108.3(1) Hunting.  Continuous open season. Entire state open. No bag or possession limit.    108.3(2) Trapping.  Continuous open season using cage traps and dog-proof traps year-round. Trapping limitations described in 571—Chapter 110 apply to trapping raccoons from 8 a.m. on the first Saturday in November through February 28 of succeeding year. Entire state open. No bag or possession limit.

        ITEM 5.    Amend renumbered rule 571—108.4(481A) as follows:

    571—108.4(481A) Red and gray fox.  Open season for the taking of red and gray fox shall be from 8 a.m. on the first Saturday in November through January 31February 28 of succeeding year. Entire state open. No bag or possession limit.

        ITEM 6.    Amend renumbered subrule 108.6(2) as follows:    108.6(2) Trapping.  Open season for trapping coyote shall be 8 a.m. on the first Saturday in November through January 31February 28 of succeeding year. Entire state open. No bag or possession limit. Any conservation officer or wildlife biologist may authorize a landowner, tenant or designee to trap coyotes causing damage outside the established trapping season dates.

        ITEM 7.    Amend renumbered subrule 108.8(4) as follows:    108.8(4) Season dates.  The season for taking river otters and bobcats opens on the first Saturday in November and closes on January 31February 28 of the following year.    ARC 6824CParole Board[205]Notice of Intended Action

    Proposing rule making related to five-year review of rules and providing an opportunity for public comment

        The Parole Board hereby proposes to amend Chapter 1, “Organization and General Administration,” Chapter 2, “Agency Procedure for Rule Making,” Chapter 3, “Petitions for Rule Making,” Chapter 4, “Declaratory Orders,” Chapter 5, “Fair Information Practices,” Chapter 6, “Public Communications and Records,” Chapter 7, “Victim Notification,” Chapter 8, “Parole and Work Release Considerations,” Chapter 9, “Certificates of Employability,” Chapter 11, “Parole Revocation,” Chapter 13, “Parole Discharge,” Chapter 14, “Executive Clemency,” Chapter 15, “Appeal of Decisions,” and Chapter 16, “Waiver and Variance Rules,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 906.3.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapters 22, 904, 904A, 906, 908, 914 and 915 and 2022 Iowa Acts, Senate File 2322.Purpose and Summary    A comprehensive review of Chapters 1 through 16 was performed in accordance with the requirements in Iowa Code section 17A.7(2). The proposed amendments update rules in accordance with current practice and legislative changes, eliminate redundancy, and make rules more user-friendly.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any. Public Comment     Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on January 31, 2023. Comments should be directed to: Nick Davis Board of Parole Jessie Parker Building 510 East 12th Street Des Moines, Iowa 50319 Email: bop.information@iowa.govPublic Hearing    No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend subrule 1.1(1) as follows:    1.1(1)   The board of parole is established by Iowa Code chapter 904A and consists of five members, including a chairpersonand vice chairperson.

        ITEM 2.    Renumber subrules 1.1(2) to 1.1(6) as 1.1(4) to 1.1(8).

        ITEM 3.    Adopt the following new subrule 1.1(2):    1.1(2)   The board of parole shall have a pool of three alternate members to substitute for board members who are disqualified or become unavailable for any other reason for hearings.

        ITEM 4.    Adopt the following new subrule 1.1(3):    1.1(3)   An alternate member is deemed a member of the board of parole only for the hearing panel for which the alternate member serves.

        ITEM 5.    Amend renumbered subrule 1.1(6) as follows:    1.1(6)   Thepositions of board chairperson isand board vice chairperson are appointed by the governorfrom among the board members and servesserve in those roles at the pleasure of the governor.

        ITEM 6.    Amend rule 205—1.3(904A) as follows:

    205—1.3(904A) Business location and hours.  The board’s business office address is Jessie Parker Building, 510 East Twelfth StreeetStreet, Des Moines, Iowa 50319; telephone (515)725-5757. Business hours are 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.

        ITEM 7.    Amend subrule 1.4(1) as follows:    1.4(1) Meetings.  The board may conduct the following meetings:    a.    Business meeting.The board may meet each month to consider rules, procedure and other matters.    b.    Public hearing.The board may conduct a public hearing to solicit input and comment on parole and work release procedures.    c.    Board session.The board shall be in session each month at any location designated by the chairperson. A board session may include:    (1)   Parole and work release case reviews;    (2)   Parole and work release interviews;    (3)   Parole rescission hearings;    (4)   Parole discharge reviews;    (5)   Executive clemency reviews.

        ITEM 8.    Amend subrule 1.4(2) as follows:    1.4(2) Quorum.  Quorum.    a.    A majority of the members of the board constitutes a quorum except as provided herein.    b.    The chairperson shall designate panels composed of at least three board members to conduct board sessions except as provided herein.

        ITEM 9.    Amend subrule 1.4(3) as follows:    1.4(3) Majority vote.  Majority vote. All questions shall be decided by a majority vote of the members except as provided herein.    a.    In all cases when an alternate member assumes the role of a regular board member, the number of board members for purposes of majority votes remains at five.    b.    During a board session, at least one member of the panel shall not be an alternate member.

        ITEM 10.    Amend subrule 1.4(4) as follows:    1.4(4) Parliamentary authority.  Parliamentary authority. Robert’s Rules of Order, current edition, shall govern the conduct of all business meetings of the board except as provided herein.

        ITEM 11.    Amend subrule 1.4(5) as follows:    1.4(5) Minutes.  Minutes. The board shall keep copies of the minutes of board meetings on file at the business office. The list of individuals considered by the board for action shall constitute the minutes of a board session.

        ITEM 12.    Amend subrule 1.4(6) as follows:    1.4(6) Public notice and agenda.  Public notice and agenda. The board shall establish the date, time, and location of all meetings. The board shall give public notice of all meetings pursuant to Iowa Code chapter 21. The board shall mail copies of, or provide by electronic means, notices of public meetings and tentative agenda to news media that have so requested. When it is determined that an emergency meeting is required, the board shall notify the news media as soon as the need for an emergency meeting has been decided. The nature of the emergency shall be stated in the minutes.

        ITEM 13.    Amend subrule 1.4(7) as follows:    1.4(7) Public access to meetings.  Public access to meetings. Members of the public have access to board meetings as provided in Iowa Code chapter 21. Persons wishing to appear before the board shall submit their requests to the business office not less than three days prior to the business meeting. Members of the public wishing to attend board meetings conducted in department of corrections penal institutions should consult, in advance, department of corrections administrative rules relating to visitation and public access.

        ITEM 14.    Amend subrule 1.4(8) as follows:    1.4(8) Electronic meetings.  Electronic meetings. The board may conduct a meeting by electronic means as provided in Iowa Code section 21.8.

        ITEM 15.    Amend 205—Chapter 2, introductory paragraph, as follows: CHAPTER 2AGENCY PROCEDURE FOR RULE MAKINGThe board of parole hereby adopts the agency procedure for rule making segment of the Uniform Rules on Agency Procedure which are, with the following amendments, the uniform rules on agency procedure relating to agency procedure for rule making, published at https://www.legis.iowa.gov/docs/Rules/Current?UniformRules.pdfwww.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf on the General Assembly’s Web site with the following amendments:general assembly’s website.

        ITEM 16.    Amend 205—Chapter 3, introductory paragraph, as follows: CHAPTER 3PETITIONS FOR RULE MAKINGThe board of parole hereby adopts the petitions for rule making segment of the Uniform Rules on Agency Procedure which are, with the following amendments, the uniform rules on agency procedure relating to petitions for rule making, published at https://www.legis.iowa.gov/docs/Rules/Current?UniformRules.pdfwww.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf on the General Assembly’s Web site with the following amendments:general assembly’s website.

        ITEM 17.    Amend 205—Chapter 4, introductory paragraph, as follows: CHAPTER 4DECLARATORY ORDERSThe board of parole hereby adopts the declaratory orders segment of the Uniform Rules on Agency Procedure which are, with the following amendments, the uniform rules on agency procedure relating to declaratory orders, published at https://www.legis.iowa.gov/docs/Rules/Current?UniformRules.pdfwww.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf on the General Assembly’s Web site with the following amendments:general assembly’s website.

        ITEM 18.    Amend 205—Chapter 5, introductory paragraph, as follows: CHAPTER 5FAIR INFORMATION PRACTICES[Prior to 2/22/89, Parole, Board of[615] Ch 14; see also 205—Ch 6]The board of parole hereby adopts, with the following exceptions and amendments, the Uniform Rules on Agency Procedureuniform rules on agency procedure relating to fair information practices which are, published at https://www.legis.iowa.gov/docs/Rules/Current?UniformRules.pdfwww.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf on the General Assembly’s Web sitegeneral assembly’s website.

        ITEM 19.    Amend rule 205—5.1(17A,22), definitions of “Confidential records” and “Open records,” as follows:        "Confidential records" means records, as defined under Iowa Code sections 22.7, 22.8, 904.601, 904.602 and 904.603, which aremay notbe disclosed to members of the public except by court orderor other provision of law. This includes records which the board is prohibited by law from making available for inspection by members of the public and those exempt records which the board has determined not to disclose to members of the public.        "Open records" means those records which are not authorized or required to be kept confidential underdefined by Iowa Code sectionsections 22.7, 22.8, 904.601, or 904.602 or any other provision of the law.

        ITEM 20.    Amend subrule 5.3(3) as follows:    5.3(3) Request for access.  Requests for access to records may be made in writing, in person, by telephone, or by electronic means if the request is for open record information. Requests shall identify the particular records sought by name or description in order to facilitate the location of the record. Mail requests shall include the name, address, and telephone number of the person requesting the information. A person shall not be required to give a reason for requesting an open record.

        ITEM 21.    Amend subrule 5.3(7) as follows:    5.3(7) Fees.      c.    SupervisoryHourly fee.AnA reasonable hourly fee may be charged for actual agency expenses in supervising the examination and copying ofproviding requested records when the supervision time required is in excess of five30 minutes. That hourly fee shall not be in excess of the hourly wage of an agency employee who ordinarily would be appropriate and suitable to perform this supervisory function.Reasonable costs may also be assessed for copying and providing records through means other than electronic mail.

        ITEM 22.    Amend rule 205—5.6(17A,22), catchwords, as follows:

    205—5.6(17A,22) Procedure by which additions, dissents, or objections may be entered into certain records.  

        ITEM 23.    Amend subrule 5.7(1) as follows:    5.7(1) Consent to disclose by a subject individual.  Consent to disclose by a subject individual. To the extent allowed by law, the subject may consent in writing to agency disclosure of confidential records as provided in rule 205—5.4(17A,22).

        ITEM 24.    Amend subrule 5.7(2) as follows:    5.7(2) Complaints to public officials.  Complaints to public officials. A letter from a subject of a confidential record to a public official which seeks the official’s intervention on behalf of the subject in a matter that involves the agency may, to the extent permitted by law, be treated as an authorization to release sufficient information about the subject to the official to resolve the matter.

        ITEM 25.    Amend subrule 5.7(3) as follows:    5.7(3) Obtaining information from a third party.  Obtaining information from a third party. The board is required to obtain information to assist in making decisions regarding classification, programming, security and administrative management. Requests to third parties for this information may involve the release of confidential information about individuals. Except as provided by law, the board may make these requests only when the individual has authorized the release.

        ITEM 26.    Amend subrule 5.10(2) as follows:    5.10(2)   To the extent allowed by law, disclosure of confidential records may occur without the consent of the subject. FollowingBelow are instances when disclosure, if lawful, will generally occur without notice to the subject:    a.    For a routine use as permitted by law and in the particular record system.    b.    To a recipient who has provided the agency with advance written assurance that the record will be used solely as a statistical research or reporting record, provided that the record is transferred in a form that does not identify the subject.    c.    To another government agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of such government agency or instrumentality has submitted a written request to the agency specifying the record desired and the law enforcement activity for which the record is sought.    d.    To an individual pursuant to a showing of compelling circumstances affecting the health or safety of any individual if a notice of the disclosure is transmitted to the last-known address of the subject.    e.    To the legislative services agency under Iowa Code Supplement section 2A.3.    f.    Disclosures in the course of employee disciplinary proceedings.    g.    In response to a court order or subpoena.    h.    In the course of ordinary deliberations during an open meeting.

        ITEM 27.    Amend paragraph 5.12(2)"d" as follows:    d.    Identifying details in final orders, decisions and opinions to the extent required to prevent a clearly unwarranted invasion of personal privacy or trade secrets under; ( Iowa Code section 17A.3(1)(d);17A.3(1)“d”)

        ITEM 28.    Amend subrule 5.13(1) as follows:    5.13(1) Personally identifiable information.  This rule describes the nature and extent of personally identifiable information which is collected, maintained and retrieved by the agency by personal identifier in record systems as defined in this rule. For each record system, this rule:    a.    Describes the legal authority for the collection of that information and the means of storage of that information; and    b.    Indicates whether a data processing system matches, collates, or permits the comparison of personally identifiable information in one record system with personally identifiable information in another record system.

        ITEM 29.    Amend subrule 5.13(2) as follows:    5.13(2) Litigation files.  Litigation files. These files or records contain information regarding litigation or anticipated litigation, which includes judicial and administrative proceedings. The records include briefs, depositions, docket sheets, documents, correspondence, attorney notes, memoranda, research materials, witness information, investigation materials, information compiled under the direction of the attorney and case management records. The files contain materials which are confidential as attorney work product and attorney-client communications. Some materials are confidential under other applicable provisions of law or because of a court order. Persons wishingrequesting copies of pleadings and other documents filed in litigation should obtain these from the clerk of the appropriate court which maintains the official copy.

        ITEM 30.    Amend subrule 5.13(3) as follows:    5.13(3) Personnel files.  Personnel files. The agency maintains files containing information about employees, families and dependents, and applicants for positions with the agency. The files include payroll records, biographical information, medical information relating to disability, performance reviews and evaluations, disciplinary information, and tax withholding information concerning the employer-employee relationship. Some of this information is confidential under Iowa Code section 22.7(11).

        ITEM 31.    Amend rule 205—5.14(17A,22), introductory paragraph, as follows:

    205—5.14(17A,22) Other groups of records available for public inspection—policies and procedures (excluding security), meeting minutes.  This rule describes groups of records maintained by the board other than record systems as previously defined. These records are routinely available to the public. However, the board’s file of these records may contain confidential information, as discussed in rule 205—5.12(17A,22)205—5.10(17A,22). The following records are stored both as hard copy and in automated data processing systems unless otherwise notedavailable.

        ITEM 32.    Amend subrule 5.14(6) as follows:    5.14(6) Published materials.  The board uses many legal and technical publications in its work. The public may inspect these publications upon request. Some of these materials may be protected by copyright law. These records are hard copy only.

        ITEM 33.    Amend subrule 6.2(2) as follows:    6.2(2) Disclosure to inmate.  The board shall place a written communication concerning an inmate, parolee, or work releasee in the case file. The board shall inform an inmate, parolee, or work releasee when a communication adverse to the inmate, parolee, or work releasee will be considered in making a parole or work release decision and shall disclose to the inmate, parolee, or work releasee the substance of any opinion regarding the inmate’s, parolee’s or work releasee’s status unless withholding the information is requested by the person providing the statement or oral communication and the board determines that the release of the information would endanger the public safety.

        ITEM 34.    Amend subrule 6.3(1) as follows:    6.3(1) General.  The public may examine and copy board public recordsbelonging to the board pursuant to Iowa Code chapter 22 at the board’s business office. An individual wishing to examine or copy a recordin person must schedule an appointment with the board’s business office a minimum of three working days prior to the date on which the individual will review the information in question. When making the appointment, the requesting party shall specifically indicate the information desired. Complete inmate files will not be released except by court order. When photocopies of documents or copies of audiotapes or videotapes are provided, the board may require the requester to pay the cost of the copies plus a reasonable charge for copyingpursuant to 205—subrule 5.3(7). These charges are to be determined by the lawful custodian. The board may refer anyone requesting information which has been generated by a source outside the board to the agency or individual which generated the information.

        ITEM 35.    Amend subrule 6.4(1) as follows:    6.4(1) Public information.  Public information. The following information regarding individuals receiving services from the department of corrections or a district department is public information and may be disclosed by the board to anyone who requests the information, except that information shall be limited to the offense for which an individual was last convicted:    a.    Name.    b.    Age and date of birth.    c.    Sex.    d.    Status (for example, inmate, parolee, or probationer).    e.    Location, except home street address.    f.    Duration of supervision.    g.    Offense or offenses for which the individual was placed under supervision.    h.    County of commitment.    i.    Arrest and detention orders.    j.    Physical description.    k.    Type of services received, except medical, psychiatric, psychological,and substance abuse, gambling and sex offender treatment information.    l.    Disciplinary reports and decisions which have been referred to the county attorney or prosecutor for prosecution, and the following information from all other disciplinary reports:    (1)   The name of the subject of the investigation.    (2)   The alleged infraction involved.    (3)   The finding of fact and the penalty, if any, imposed as a result of the infraction.    m.    Inmate risk assessment score.

        ITEM 36.    Amend subrule 6.4(2) as follows:    6.4(2) Confidential information regarding inmates and parolees.  Confidential information regarding inmates and parolees. The following information regarding individuals receiving services from the department of corrections or a district department is confidential information and shall not be disclosed to the public:    a.    Home street address of the individual receiving services or of that individual’s family.    b.    Department evaluations.    c.    Medical, psychiatric, psychological,and substance abuse treatment, gambling and sex offender treatment information.    d.    Names of associates or accomplices.    e.    Name of employer.    f.    Social security number.    g.    Prior criminal history including information on offenses when no conviction occurred.    h.    Family and personal history.    i.    Financial information.    j.    Information from disciplinary reports and investigations other than that identified in subrule 6.4(1).    k.    Investigations by the department of corrections or other agencies which are contained in the individual’s file.    l.    Department of corrections committee records containing confidential information.    m.    Presentence investigations as provided under Iowa Code chapter 901.    n.    Pretrial information that is not otherwise available in public court records or proceedings.    o.    Correspondence of a personal or confidential nature as determined by the board or the department directed to the board or the department of corrections from an individual’s family, victims, or employers.    p.    Communications to the board by members of the public other than public officials to the extent that the board believes that those members of the public would be discouraged from making the communications if the communications were available for general public examination.    q.    Victim registrations pursuant to 205—Chapter 7. A record containing information which is both public and confidential which is reasonably segregable shall not be confidential after deletion of the confidential information.

        ITEM 37.    Amend subrule 6.4(3) as follows:    6.4(3) Exceptions.  The board may disclose confidential information described in subrule 6.4(2) as follows:    a.    The board may release statistical information which does not identify particular individuals.    b.    The board may disclose information to the department of corrections; district departments; public officials for use in connection with their duties relating to law enforcement, audits, and other purposes directly connected with the administration of their programs; and public and private agencies providing services to individuals. Those receiving information shall be subject to the same standards as the board in dissemination and redissemination of information.    c.    The board may disclose information when necessary for civil or criminal court proceedings pursuant to court order. The board may seek to have the court limit disclosure of confidential information.    d.    The board shall give a supervised individual or former supervised individual access to the individual’s own records in the custody of the board, except for those records that could result in physical or psychological harm to the individual or others, and disciplinary reports. Upon written authorization by a supervised individual or former supervised individual, the board may release information to any party included in the written release. This information is restricted to that which the individual can obtain.

        ITEM 38.    Rescind and reserve rule 205—6.5(904A).

        ITEM 39.    Amend subrule 7.6(1) as follows:    7.6(1)   A registered victim of a violent crime may appearin person or electronically, personally or by counsel at a parole interview to express an opinion concerning the release of the inmate.

        ITEM 40.    Amend subrule 7.6(2) as follows:    7.6(2)   If a registered victim of a violent crime intends to appear at a parole interview, the victim shouldshall communicate such intent to the board’s business office or victim liaison24 hours prior to the start of the parole interview.

        ITEM 41.    Amend subrule 7.6(3) as follows:    7.6(3)    If intending to appear at a parole interview, a registered victim of a violent crime, or victim’s counsel, shallchoose to appear at the board’s business office, or other ICN location as previously arranged,electronically at the time set forth in the notice of parole interview. During the parole interview, the board shall permit the victim or victim’s counsel to express an opinion concerning the release of the inmate.

        ITEM 42.    Amend subrule 7.6(4) as follows:    7.6(4)   Victims shall be properly attired and shall conduct themselves in a manner consistent with decorum appropriate for a public meeting of a governmental body. They shall be respectful of other victims, spectators, media personnel, board staff, and board members present. They shall also be mindful of noise and behavior that might impact other individualsobserving or participating electronically, or workingindividuals in the board’s business office building or other ICN location where theyvictims may be while participating in the parole interview.

        ITEM 43.    Amend subrule 7.6(5) as follows:    7.6(5)   Any activity deemed inappropriate by the panel under the guidelines in the rules may result in a request by the panel for the offending party or parties to leave. Warnings for inadvertent or minor misconduct may or may not be given the first time it occurs, and any subsequent offending activity will result in a request to leave. Refusal to leave upon request may result in removal by law enforcement of the offending party or parties.

        ITEM 44.    Amend rule 205—7.7(915) as follows:

    205—7.7(915,22) Disclosure of victim information.  Information regarding a registered victim, as well as the existence of a registered victim in a particular case, is confidential and shall not be disclosed to the public. A victim’s registration, and the substance of any opinion submitted by the victim regarding the inmate’s release, mayshall not be disclosed to the inmate at the discretion of the board.

        ITEM 45.    Amend rule 205—8.2(906) as follows:

    205—8.2(904,906) Parole and work release eligibility.      8.2(1) Mandatory sentences.  The board shall not grant parole to an inmate serving a mandatory minimum sentence. The board shall not grant work release to an inmate serving a mandatory minimum sentence unless the inmate is within six months of completing the mandatory minimum portion of the sentence. A parole or work release granted contrary to this rule shall be rescinded. Mandatory sentences are as follows:    a.    A life sentence imposed for conviction of a Classclass “A” felony pursuant to Iowa Code section 902.1, except for a life sentence that expressly includes parole eligibility;    b.    A mandatory minimum sentence imposed for use of a dangerous weapon pursuant to Iowa Code section 902.7;    c.    A mandatory minimum sentence imposed for violation of uniform controlled substance provisions pursuant to Iowa Code section 124.406 or 124.413;    d.    A mandatory minimum sentence imposed for being a habitual offender pursuant to Iowa Code section 902.8;    e.    A mandatory minimum sentence imposed for a prior forcible felony pursuant to Iowa Code section 902.11;    f.    A mandatory minimum sentence imposed for conspiring to manufacture, or delivery of, amphetamine or methamphetamine to a minor pursuant to Iowa Code section 902.8A;    g.    A mandatory minimum sentence imposed for offenses specified in Iowa Code section 902.12;    h.    Any other mandatory minimum sentence prescribed by statute that is not specifically stated above.    8.2(2) Parole and work release while on patient status.Release to residential facility first.  Generally, the board will not grant parole or work release to an inmate on patient status.A person on parole or work release who is serving a sentence under Iowa Code section 902.12 shall begin parole or work release in a residential facility operated by a judicial district department of correctional services.    8.2(3) Parole to detainer.  The board may grant parole to an inmate against whom a detainer has been placed by another statejurisdiction. Generally, the board will not parole an inmate to a detainer that is solely for prosecutionA person paroled who has a detainer lodged against the person under the provisions of Iowa Code chapter 821 may be paroled directly to the receiving state rather than to a residential facility operated by a judicial district department of correctional services.    8.2(4) Parole to other states.  The board may grant parole to another state pursuant to the provisions of the interstate parole and probation compactfor adult offender supervision set forth in Iowa Code chapter 907A907B.

        ITEM 46.    Renumber rules 205—8.5(904A) to 205—8.17(906) as 205—8.3(904A) to 205—8.15(906).

        ITEM 47.    Amend renumbered rule 205—8.4(906) as follows:

    205—8.4(906) Parole and work release considerations.      8.4(1) Case reviews.  Case reviews. The board may review the records of an inmate committed to the custody of the department of corrections and consider the inmate’s prospects for parole or work release at any time. The board shall notify an inmate only if the inmate is granted parole or work release, except as provided in 8.16(3)subrule 8.14(3).    8.4(2) Interviews.  Interviews. The board may, in its discretion, interview an inmate committed to the custody of the department of corrections at any time.    8.4(3) Frequency of inmate review.  The board shall review the status of each inmatewho is eligible for parole annually as directed by the Iowa Code and shall provide the inmate with notice of its parole or work release decision. After an inmate has been granted work release, the board shall review the inmate’s status at least annually from the date of the decision to grant work release.The board shall not place an inmate on work release for longer than 6 months in any 12-month period unless approval is given by a majority of the full board.    8.4(4) Annual review not required.   Inmates serving a sentence that does not include parole eligibilitywho are not currently eligible for parole because of Iowa Code section 906.5(1)“a” are excepted from the annual review requirement of 8.6(3)subrule 8.4(3).    8.4(5)   Inmates serving a mandatory minimum sentence are excepted from the annual review requirements of 8.6(3) until such time as the mandatory minimum has expired.    8.(6) 8.4(5) Department initiated review.  Department initiated review. The department of corrections may recommend an inmate for parole or work release consideration at any time.

        ITEM 48.    Amend renumbered subrule 8.8(1) as follows:    8.8(1) Release considerations.  The board may consider the following factors and others deemed relevant to the parole and work release decisions:    a.    Previous criminal record;    b.    Nature and circumstances of the offense;    c.    Recidivism record;    d.    Convictions or behavior indicating a propensity for violence;    e.    Participation in institutional programs, including academic and vocational training;    f.    Psychiatric and psychological evaluations;    g.    Length of time served;    h.    Evidence of serious or habitual institutional misconduct;    i.    Success or failure while on probation;    j.    Prior parole or work release history;    k.    Prior refusal to accept parole or work release;    l.    History of drug or alcohol use;    m.    A parole plan formulated by the inmate;    n.    General attitude and behavior while incarcerated;    o.    Risk assessment.

        ITEM 49.    Amend renumbered subrule 8.8(2) as follows:    8.8(2) Psychological and psychiatric evaluations.  Psychological and psychiatric evaluations. The board may request a complete psychiatric or psychological evaluation of an inmate whenever, in the opinion of the board, it would be beneficial to the board’s decision. The board shall routinely request an evaluation of an inmate convicted of a crime involving sexual abuse or personal violence, or of an inmate who has committed assaults or violent acts while incarcerated.

        ITEM 50.    Amend renumbered subrule 8.9(3) as follows:    8.9(3)   The inmate’s reports from institutions under the supervision of the department of corrections, including reception reports, progress reports, medical reports, and social information or reports, should, to the extent possible, be structured so as to separate opinion from factual information. The factual information shall be made available for review by the inmate; opinion information shall be confidential. Psychiatric or psychological test results or diagnoses shallmay be deemed confidential.

        ITEM 51.    Amend renumbered rule 205—8.10(906) as follows:

    205—8.10(906) Interview procedure.  The board may, in its discretion, or board panel may, in its discretion, interview the inmate and consider the inmate’s records with respect to history, current situation, parole and work release prospects, and other pertinent matters. If the inmate is interviewed, the board or board panel shall give the inmate ample opportunity to express views and present materials.

        ITEM 52.    Amend renumbered subrule 8.12(2) as follows:    8.12(2)   Conduct of inmate.    a.    Conduct of the inmate shall be in a manner consistent with decorum appropriate for a participant in a public meeting of a governmental body.    b.    An inmate may not orally or otherwise communicate with spectators or others present at the parole proceeding except as permitted by the panel or board.    c.    The inmate shall speak to the panel or board or counselor only when asked a question or directed otherwise to do so.    d.    Each inmate will be given an opportunity to make an independent statement to the panel or board during the parole proceeding. The panel or board may limit this statement in any manner as to topic or time.     e.    Failure to comply with the direction of the panel or board in limiting statements, in communicating with persons present at the parole proceeding, or any absence of decorum which could disrupt or delay the proceeding may, at the discretion of the board, result in a forfeiture of the right to an interview and a request by the board to have the institutional staff remove the inmate.    f.    An inmate who forfeits the right to an interview for reasons under 8.14(2)“e”paragraph 8.14(2)“e” or for any other reason shall not be interviewed again until the inmate’s next annual review, or until such earlier time as determined by the board, except that the inmate may make a request for an earlier interview. The request must be made in writing to the board through the board liaison officer, the counselor or other institutional staff member, or the ombudsman, together with assurance by the inmate that no repeat of the offending conduct or other offending conduct will occur. A reinterview is subject to the discretion of the panel or board.

        ITEM 53.    Amend renumbered subrule 8.12(3) as follows:    8.12(3)   Conduct of spectators.    a.    Spectators may not participate in the parole proceedings. The number of spectators will be limited by the number of seats providedcapacity available. OnlyIf attending in person, only board staff or institutional staff will be allowed to stand during the interviews or between interviews, except during breaks of the panel or board or as necessary to enter and leave during times designated by the panel or board. An exception will be made for television camera operators.    b.    SpectatorsIf attending in person, spectators may not enter or leave the room during interviews or between interviews, except that the board or panel will designate times when persons may enter and leave. This willshall be done at reasonable intervals, and may be between interviews even though the board or panel does not take a break.    c.    EnteringIf attending in person, entering and leaving the interview room before and after the interview sessions and during breaks in the interview sessions shall be subject to the restrictions imposed by board staff.    d.    Spectators shall make no utterances which are intended to be or can be heard by the inmate or the panel. This includes any conversation among spectators.    e.    Spectators shall be properly attired and shall conduct themselves in a manner consistent with decorum appropriate for a public meeting of a governmental body. They shall be respectful of other spectators, victims, media personnel, board staff, and board members present. They shall also be mindful of noise and behavior that might impact other individuals working in the board’s business office building or other ICN location where they may be while observing the parole interview.    f.    Any activity deemed inappropriate by the panel under the guidelines in the rules may result in a request by the panel for the offending party or parties to leave. Warnings for inadvertent or minor misconduct may or may not be given the first time it occurs, and any subsequent offending activity will result in a request to leave. Refusal to leave upon request may result in removal by law enforcement of the offending party or parties.All spectator placesAdmission for in-person attendance shall be on a first-come, first-served basis in accordance with the rules of the board.    g.    A spectatorattending in person who leaves during a time designated for entering or leaving or during a short break by the panel may retain a placeseat if the person returns at the next time designated for that purpose. A person does not retain a placeseat at the hearing over breaks taken for lunch or dinner or overnight.

        ITEM 54.    Amend renumbered subparagraph 8.12(4)"a" as follows:    (4)   Notwithstanding the provisions of any of these procedural or technical rules, the panel or board may permit the use of other equipment provided the application for variance is made in advance. Ruling upon the variance application shall be in the discretion of the panel or boardchair or chair’s designee.

        ITEM 55.    Amend renumbered subparagraph 8.12(4)"a" as follows:    (5)   The panel or boardchair or the chair’s designee may limit or terminate photographic or electronic media coverage by any or all media participants at any time during the proceedings in the event the panel or boardchair or the chair’s designee finds that rules in this chapter or additional rules imposed by the board or panel have been violated.

        ITEM 56.    Amend renumbered subparagraph 8.12(4)"c" as follows:    (2)   Television cameras and other recording equipment. Television cameras are to be electronic and, together with any related equipment to be located in the interview room, must be unobtrusive in both size and appearance, without distracting sound or light. Television cameras, and other recording devices, are to be designed or modified so that participants in the parole interview being covered are unable to determine when recording is occurring.

        ITEM 57.    Amend renumbered paragraph 8.12(4)"g" as follows:    g.    Movement during proceedings.Television cameras and audio equipment may be installed in or removed from the interview room only when the panel or board is not in session. In addition, the equipment shall at all times be operated from a fixed position. Media personnel shall not move about the interview room while proceedings are in session, nor shall they engage in any movement which attracts undue attention. Still photographersPhotographers shall not assume body positions inappropriate for spectators.

        ITEM 58.    Amend renumbered paragraph 8.12(4)"h" as follows:    h.    Decorum.    (1)   All media personnel shall be properly attired and shall conduct themselves in a manner consistent with decorum appropriate for a public meeting of a governmental body. They shall be respectful of other media personnel, victims, spectators, board staff, and board members present. They shall also be mindful of noise and behavior that might impact other individuals working in the board’s business office building or other ICN location where they may be while observing the parole interview.    (2)   Any activity deemed inappropriate by the panel under the guidelines in the rules may result in a request by the panel for the offending party or parties to leave. Warnings for inadvertent or minor misconduct may or may not be given the first time it occurs, and any subsequent offending activity will result in a request to leave. Refusal to leave upon request may result in removal by law enforcement of the offending party or parties.

        ITEM 59.    Amend renumbered rule 205—8.13(906) as follows:

    205—8.13(904,906) Parole andauthorized following work release decisions.      8.13(1)   The board shall grant parole to an inmate on work release status if at least three members of the board agree that the inmate can be released without detriment to the community or to the inmate. If three members do not agree, the board shall deny parole.    8.13(2)   The board shall grant parole or work release to an inmate if at least three members of the board agree that the inmate can be released without detriment to the community or to the inmate. If three members do not agree, the board shall deny parole or work release.    8.13(3)   Rescinded IAB 10/31/12, effective 12/5/12.    8.13(4)   Rescinded IAB 10/31/12, effective 12/5/12.    8.(5) 8.13(3)   The board may determine if an inmate shall be required to provide a physical specimen to be submitted for DNA profiling as a condition of parole or work release. The board shall consider the deterrent effect of DNA profiling, the likelihood of repeated violations by the offender, and the seriousness of the offense. When funds have been allocated from the general fund of the state, or funds have been provided by other public or private sources, the board shall order DNA profiling, if appropriate.

        ITEM 60.    Amend renumbered subrule 8.15(4) as follows:    8.15(4)   The grant of parole contingent upon successful completion of work release shall comply with subrules 8.15(1) through 8.15(4)8.13(1) and 8.13(2).

        ITEM 61.    Amend 205—Chapter 8, implementation sentence, as follows:       These rules are intended to implement Iowa Code chapters904, 904A, and 906.

        ITEM 62.    Amend rule 205—9.1(906), definition of “Eligible offender,” as follows:        "Eligible offender" means a person who has been convicted of one or more than one eligible crime or eligible offensecrimes and has been sentenced to the custody of the director of the Iowa department of corrections. Persons required to register under Iowa Code chapter 692A are ineligible for the certificate of employability program.

        ITEM 63.    Amend subrule 9.3(1) as follows:    9.3(1)   The department of corrections shall issue a certificate of employability, at the time of release, to an eligible offender who:    a.    Receives a parole, work release, or early discharge from the board of parole; and    b.    Successfully completes one of the following:    (1)   Department of corrections registered apprenticeship program; or    (2)   National Career Readiness Certificate and the life skills program.

        ITEM 64.    Amend rule 205—11.2(908) as follows:

    205—11.2(908) Work release day reporting revocation.  When a work release day reporting inmate is subject to revocation of day reporting status, the work release day reporting inmate shall be entitled to all procedural protections afforded parolees pursuant to Iowa Code sections 908.3 to 908.7chapter 908 and rules 205—11.3(908) to 205—11.11(908).

        ITEM 65.    Amend rule 205—11.4(908) as follows:

    205—11.4(908) Revocation of parole.  The board of parole or its administrative parole judge, for good cause shown, may revoke any parole previously granted. Good cause for revocation of parole shall include the violation of a condition or conditions of the parole agreement or parole plan. Parole revocation procedures, including the parole revocation hearing, are governed by Iowa Code chapter 17A.

        ITEM 66.    Amend rule 205—11.7(908) as follows:

    205—11.7(908) Parole revocation hearing.  Following submission of a parole officer’s request for a parole revocation hearing, the parole officer shall schedule the parole revocation hearing and shall cause a notice of parole revocation hearing to be completed. The parole revocation hearing shall be held in any county in the same judicial district as that in which the alleged parole violator had the initial appearance, or in the county from which the warrant for the arrest of the alleged parole violator was issued, unless proper venue is waived by the parolee.    11.7(1) Parole revocation hearing notice.  The parole officer or board’s designated officer shall cause to be prepared a written notice to the parolee, and parolee’s attorney, if applicable, of the date, time, and place of the parole revocation hearing, which shall:    a.    Include a complete copy of the report of violations, and updated report if applicable, including all documents referred to therein except confidential material defined in 205—subrule 6.4(2).    b.    Be served upon the parolee by personal service. The notice may be served by any person 18 years of age or older at least seven days prior to the parole revocation hearing unless the parolee waives the right to seven days’ advance notice.    c.    Inform the parolee of the purpose of the hearing, the violations of parole conditions alleged, the circumstances of the alleged violations, the possible action which may be taken as a result of the revocation proceedings, and the following rights to which the parolee shall be entitled at the parole revocation hearing:    (1)   To appear and speak on the parolee’s own behalf and to be aided by an interpreter if aid is determined to be necessary by the administrative parole judge.    (2)   To be represented by an attorney or, if the parolee is indigent, the right to be represented by an attorney pursuant to Rule 2.28 of the Iowa Rules of Criminal Procedure and Iowa Code section 908.2A.    (3)   To remain silent.    (4)   To present witnesses to testify on the parolee’s behalf as to matters relevant to the alleged violation of parole.    (5)   To confront and cross-examine adverse witnesses unless the administrative parole judge determines that such witnesses would be subjected to risk of harm.    (6)   To present documentary evidence and any relevant material or information.    11.7(2) Testimony at parole revocation hearing.  All testimony shall be under oath.    11.7(3) Parole revocation hearing recorded.  Parole revocation hearings shall be mechanicallyelectronically recorded. The recording or transcription thereof shall be filed and maintained by the board of parole for at least five years from the date of the parole revocation hearing.    11.7(4) Witnesses segregated.  The administrative parole judge on the judge’s own motion or on the request of the parolee, parolee’s counsel, or any representative of the state may order witnesses to be segregated except that the parole officer, parolee, and counsel may be present at all times at the hearing.    11.7(5) Parole revocation hearing evidence.  The admissibility of evidence at parole revocation proceedings is governed by Iowa Code section 17A.14.    a.    Documentary evidence.The parole officer shall ensure that all relevant documentary evidence is available at the hearing and has been made available to the parolee and the parolee’s attorney prior to the hearing unless designated confidential. This evidence includes the violation report and statements of witnesses. When relevant documentary evidence is not available, the parole officer shall specify what evidence is unavailable and why.    b.    Physical evidence.Physical evidence is ordinarily not required at the hearing. The parole officer may bring physical evidence to the hearing if the parolee has requested it or it appears necessary for the hearing, security is not endangered, and there is no other means of presenting the information.    11.7(6) Witnesses.      a.    Parolee request.A parolee may request either friendly or adverse witnesses. If a witness is requested by the parolee or the parolee’s attorney, the parolee or the parolee’s attorney shall notify the parole officer.    b.    Parole officer request.If, in preparing the case prior to the hearing, the parole officer requires a particular witness to demonstrate essential facts of violation, attendance of that witness may be requested by the officer even though the parolee has not requested that witness. If a witness is requested by the parole officer, the officer shall notify the parolee or the parolee’s attorney.    c.    Witnesses’ transportation.All witnesses shall provide their own transportation.    d.    Fearful witnesses.All witnesses who refuse to attend the hearing either because they would be subjected to risk of harm if their identities were disclosed or who, even if their identities were known, fear for their safety should they attend the hearing shall be interviewed by the parole officer prior to the hearing, and their information and the reasons for their fear shall be documented in writing or on the record. The officer must assess whether this testimony is necessary to proceed with prosecution of parole violations. If there are other alleged violations that merit a recommendation of revocation, this testimony may not be necessary. The administrative parole judge shall determine whether good cause exists to excuse a witness’s attendance and shall document the decision including the reasons.    e.    Interviewing witnesses.A parolee or the parolee’s attorney has the right to speak to possible witnesses, but it is completely within the discretion of an individual witness whether to speak to or disclose the witness’s whereabouts to a parolee or the parolee’s attorney. No attempt shall be made by the parole board staff to influence the witness’s decision.    11.7(7) Subpoenas—general.  Subpoenas may be issued by the board of parole to require the attendance of witnesses or the production of documents at parole revocation hearings.    a.    Who may request. The parolee, the parolee’s attorney, parole officer, or board staff may request that a subpoena be issued. The requested witness(es) should be contacted prior to issuance of the requested subpoena. If the parolee is pro se, the parole officer may need to make contact.     b.    To whom made. Requests may be made directly to the administrative parole judge, the board’s designated officer, or the parole officer, as appropriate. The parole officer shall provide the necessary information to the board of parole in order to process the request.    c.    When made. The request shall be made prior to the scheduled hearing.    d.    Subpoena duces tecum. The request for a subpoena duces tecum shall be accompanied by a declaration in support of the request. The declaration must show good cause for production of documentary evidence and specify precisely the documentary evidence to be produced, the relevance and materiality of that evidence to the hearing, and verification that the requested witness has possession or control of the documentary evidence.    e.    Costs. The board of parole shall not be required to pay subpoena service fees, witness fees, or witness transportation expenses.    11.7(8) Continuances.      a.    A hearing may be continued by the presiding administrative parole judge for good cause shown, either upon the presiding judge’s own motion or upon the request of a party. A party’s request for continuance shall be made in writing to the administrative parole judge prior to the hearing. Each party shall be granted only one continuance. Further continuance may be granted for good cause.    b.    If, because of an emergency or other good cause, a party having received timely notice is unable to attend the hearing or to request continuance within the allotted time, the presiding administrative parole judge may continue the hearing and schedule another hearing with notice to all interested parties.    c.    Notice of continuance may be served upon the parolee’s attorney of record for the parole revocation proceeding, in lieu of personal service upon the parolee.    d.    If the notice of continuance includes allegations of violations beyond those contained in the original notice of hearing, it must be served upon the parolee or the parolee’s attorney of record in accordance with subrule 11.7(1).    11.7(9) Areas of responsibility.  The following areas of responsibility will apply for a parole revocation hearing.    a.    The parole officer shall be responsible for the following:    (1)   Coordinating and scheduling location, security, and control of the parole revocation hearing;    (2)   Preparing notice of hearing forms and causing the notices to be served;    (3)   Notifying the parolee’s attorney of record of the hearing date, time, and place;    (4)   Notifying all necessary state witnesses of the hearing date, time, and place;    (5)   Processing any required subpoenas on behalf of the state;    (6)   Ensuring that all relevant state documents, forms, and materials are available at the hearing;    (7)   Attending the hearing;    (8)   Arranging security for posthearing transfer of the parolee in the event incarceration is ordered.    b.    The administrative parole judge shall be responsible for the following:maintaining records on all hearings.    (1)   Maintaining records on all hearings;    (2)   Reserved.    11.7(10) Parole revocation hearing.      a.    At the conclusion of the adjudication stage of the hearing, the administrative parole judge shall determine whether the parolee has violated the conditions of parole and shall verbally advise the parolee of the decision.    b.    If the administrative parole judge determines that the parolee has not violated the conditions of parole, the judge shall order that the parolee be released from custody and continued on parole.    c.    If the administrative parole judge finds that the parolee has violated a condition or conditions of parole, the judge shall make one of the following dispositions at the parole revocation hearing:    (1)   Revocation of parole;    (2)   Revocation of parole with the parolee placed on work release;    (3)   Reinstatement of parole with the previous parole conditions;    (4)   Reinstatement of parole with a modification of the parole conditions;    (5)   Continuation of the dispositional portion of the hearing.    d.    The administrative parole judge shall determine from the record established at the final revocation hearing the date(s) of violation of parole. The judge shall also determine the number of days of parole which shall not be counted toward the discharge of the parolee’s sentence. This number shall not exceed the number of days after the date of first violation during which the parolee was not incarcerated.    11.7(11) Parole revocation—hearing summary and order.  The administrative parole judge or the board’s designated officer shall forward a summary of the parole revocation hearing to the parolee, the parolee’s attorney, the parole officer, and the board office as soon as reasonably possible following the parole revocation hearing. The summary of the parole revocation shall consist of a summary of the proceeding and shall contain the judge’s findings of fact, conclusions of law and disposition of the matter.    11.7(12) Parole revocation hearing—conduct of the media.  The provisions governing the conduct of the media at parole interviews as set out in 205—subrule 8.14(4)205—subrule 8.12(4) shall also apply to parole revocation hearings, except that decisions committed to the discretion of the board or board panel in that rule shall be made by the presiding administrative parole judge.    11.7(13) Motions and requests.  Any motion or request shall be submitted to the administrative parole judge or the board’s designated officer, with copies to all parties, prior to the hearing. The parolee or parolee’s attorney may submit any motion or request directly to the administrative parole judge, or designee, or through the parole officer. The board of parole does not utilize EDMS for submissions or notifications.

        ITEM 67.    Amend rule 205—11.8(908) as follows:

    205—11.8(908) Appeal or review.  The order of the administrative parole judge shall become the final decision of the board of parole unless, within ten days of the date of the decision, the parole violator appeals the decision or a panel of the board reviews the decision on its own motion.     11.8(1) General.  On appeal or review of the judge’s decision, the chairperson or board panel’s designee has all the power which the administrative parole judge would have in initially making the revocation hearing decision. The record on appeal or review shall be the record made at the parole revocation hearing conducted by the administrative parole judge. Appeals must be received at the parole business office or postmarked by the applicable date or they will not be considered. An order continuing dispositionor an order finding probable cause to believe an interstate compact parolee violated parole conditions is not a final order and therefore is not appealable. The board shall give notice of its decision to the parolee.    11.8(2) Grounds.  All grounds shall be included in the same appeal, and all necessary documents and information shall be attached to the appeal. The general grounds for an appeal include that the board action is:    a.    In violation of constitutional or statutory provisions;    b.    In excess of the statutory authority of the board;    c.    In violation of a board rule;    d.    Made upon unlawful procedure;    e.    Affected by other error of law;    f.    Unsupported by evidence or based on incorrect or incomplete information which, if correct or complete, might have resulted in a different action;or    g.    Unreasonable, arbitrary, or capricious, or characterized by an abuse of discretion or a clearly unwarranted exercise of decision.    11.8(3) Filing an appeal.  An appeal shall be filed in writing and shall state:    a.    The particular action which is the subject of the appeal.    b.    The grounds on which relief is sought.    c.    The relief sought.

        ITEM 68.    Amend subrule 11.11(1) as follows:    11.11(1)   When the parole officer makes a request to the board of parole for a revocation hearing, the parole officer shall inform the parolee of the parolee’s rights.

        ITEM 69.    Amend subrule 11.11(2) as follows:    11.11(2)   The parole officer shall also inform the parolee of the opportunity to waive the parolee’s right to personal appearance and consent to thea parole revocation hearing’s beinghearing that is conducted over the telephone.

        ITEM 70.    Amend subrule 11.12(2) as follows:    11.12(2)   The parole officer shall forward to the board of parole a violation report together with a file-stamped copy of the judgment entry and sentencing order for the offense committed during the parole. An administrative parole judge shall review the violation report and the judgment entry and sentencing order and, if satisfied that the conditions of Iowa Code section 908.10 or 908.10A and of this rule have been met, shall issue an order revoking the parole. The judge shall also determine the date of commission of the felony or aggravated misdemeanor offense and the date of subsequent incarceration in a state institution. Time loss shall be the time between these two dates, except that the parolee shall receive credit for any time the parolee was incarcerated in a county jail between these two dates.

        ITEM 71.    Renumber 205—Chapter 13 as 205—Chapter 12.

        ITEM 72.    Amend renumbered rule 205—12.2(906) as follows:

    205—12.2(906) Persons not eligible.  A parolee convicted of a violation of Iowa Code section 709.3, 709.4, or 709.8 committed on or with a childor a person serving a sentence under Iowa Code section 902.12 shall not be discharged from parole until theperson’s term of the parolee’s sentence expiresparole equals the period of imprisonment specified in the person’s sentence, less all time served in confinement.

        ITEM 73.    Renumber 205—Chapter 14 as 205—Chapter 13.

        ITEM 74.    Amend renumbered rule 205—13.1(902) as follows:

    205—13.1(902) Interviews of inmates serving life terms without the possibility of parole.  The board shall not grant a parole or work release to a Classclass “A” felon serving a life term without the possibility of parole unless the governor commutes the sentence to a term of years. Administrative rules relating to the parole and work release consideration of an inmate sentenced to an indeterminate term shall not apply to an inmate sentenced to a life term without the possibility of parole.

        ITEM 75.    Amend renumbered rule 205—13.2(902) as follows:

    205—13.2(902) Review of inmates serving life terms.  The board may, at its discretion, review the record of a Classclass “A” felon serving a life term.

        ITEM 76.    Amend renumbered paragraph 13.3(1)"b" as follows:    b.    An application for a pardon or commutation of sentence shall be on the form provided by the board. The form may be obtained by contacting the board’s business officeor the office of the governor.

        ITEM 77.    Amend renumbered paragraph 13.3(3)"b" as follows:    b.    A person applying for restoration of citizenship shall submit the Executive Clemency Application form to the governor. This form may be obtained from the governor’s office or from the board. The governor shall obtain a recommendation regarding restoration of citizenship from the board.

        ITEM 78.    Amend renumbered rule 205—13.4(914,902) as follows:

    205—13.4(914,902) Board investigation.  The board may investigate an application or district department recommendation with respect to history, current situation, parole prospects and other pertinent matters. The board may consider the application or recommendation, transcripts of judicial proceedings and all documents submitted with the application, and other documents as the board determines is appropriate, and may interview, directly or through its agent, public officials, victims, and witnesses and other individuals as the board determines is appropriate.

        ITEM 79.    Amend renumbered subrule 13.5(1) as follows:    13.5(1) Decision.      a.    The board shall recommend that the governor grant commutation of sentence to a Classclass “A” felon serving a life term when the board unanimously agrees that the inmate should be considered for release on parole. If the board does not unanimously agree, the board shall recommend that the governor not grant commutation of sentence.    b.    The board shall recommend that the governor grant executive clemency to a person other than a Classclass “A” felon serving a life term when at least three members of the board agree that the person has demonstrated that the person will become or continue to be a law-abiding citizen. If three members of the board do not agree, the board shall recommend that the governor not grant executive clemency.    c.    The board may utilize the resources of the department of public safety for assistance with any part of the board’s investigation.

        ITEM 80.    Amend renumbered subrule 13.5(4) as follows:    13.5(4) Executive clemency reconsiderations.      a.    The board may reconsider at any time a board recommendation to grant executive clemency that the governor has denied and returned to the boarda positive or negative recommendation prior to the governor’s decision when previously unknown and material information comes to light, material actions or events relevant to the application occur, the governor directs the board to further investigate the application, or good cause is otherwise shown. The procedures for reviewing an executive clemency application shall apply to the reconsideration of a denied recommendation.    b.    The board may refile the recommendation with the governor or withdraw the recommendationamend its recommendation as deemed appropriate.

        ITEM 81.    Amend renumbered rule 205—13.6(902) as follows:

    205—13.6(902,915) Commutation procedure for Classclass “A” felons.      13.6(1) Initial review.  The board of parole, or its designee, will initially review an application for commutation to determine whether the inmate is eligible to apply for commutation pursuant to Iowa Code section 902.2. If the inmate is not eligible to apply for commutation pursuant to Iowa Code section 902.2, the board shall return the application to the governor and notify the governor of the reasonsapplicant.    13.6(2) Parole board commutation investigation process.      a.    If the applicant is eligible to apply for commutation pursuant to Iowa Code section 902.2, the board shall conduct an investigation pursuant to that section and subrule 14.6(2)13.6(2).    b.    The board may consider any documents the board deems appropriate including, but not limited to, the application and attached documents, transcripts of judicial proceedings, corrections information, and written recommendations, statements, and interviews ofthe offender, public officials, victims, and witnesses.    c.    The board shall interview the applicant, pursuant to Iowa Code section 902.2, prior to submitting its recommendation to the governor. The board may interview any other person the board deems appropriate including, but not limited to, public officials, victims, and witnesses. The board may conduct any interview, including the interview of the applicant, through electronic means.    d.    The board shall attempt to provide notice of the commutation interview to any individual who would qualify as a victim under Iowa’s victim notification law. Notice shall be by regular mail to the last-known addressor by electronic mail. The notice shall provide a specified amount of time for the victim to provide a statement to the board regarding the application for commutation.    e.    The board may utilize the resources of the department of public safety for assistance with any part if its investigation.    f.    e.    The board may hold a public hearing to receive comments from the general public on an application for commutation. The determination to hold a public hearing to receive public comments is solely at the discretion of the board.    13.6(3) Recommendation and report.      a.    The board shall vote on a recommendation regarding the application. Any decision to recommend commutationfor a class “A” felon shall be by unanimous vote. The board may continue the matter until such time as the board may determine by majority vote.    b.    The board may consider any factor it deems appropriate when considering commutation including, but not limited to, the nature and circumstances of the crime, the number of years the applicant has served, the applicant’s previous criminal record, the applicant’s conduct while confined, the impact on the victim, and the public interest.    c.    The board shall prepare a written report of its findings and recommendations and forward its report to the governor.    d.    In making such a recommendation, the board shall also indicate the existence of any registered victims and communicate any opinions expressed by those victims regarding release of the inmate.    13.6(4) Board consideration following commutation.  The board shall consider the parole and work release prospects of any inmate whose life sentence has been commuted by the governor. The grant of commutation does not require the board to grant parole or work release. The board shall consider parole or work release pursuant to the standards in 205—Chapter 8.

        ITEM 82.    Amend renumbered 205—Chapter 13, implementation sentence, as follows:       These rules are intended to implement Iowa Code sections 902.2, 902.4, and 904A.4(7) and chapterchapters 914and 915.

        ITEM 83.    Renumber 205—Chapter 15 as 205—Chapter 14.

        ITEM 84.    Amend renumbered rule 205—14.1(17A) as follows:

    205—14.1(17A) General.  An inmate, parolee, or work releasee may appeal any action of the board staff or board that affects that person except a decision to schedule a hearing or a work release transfer hearing decision,any commutation-related action, an appeal decision, the decision to conduct an appearance by electronic means, or the revocation of parole which shall be appealed according to the procedure indicated in rule 205—11.8(908).

        ITEM 85.    Amend renumbered rule 205—14.2(17A) as follows:

    205—14.2(17A) Grounds.  The general grounds for an appeal include that the board action isare:
    1. In violation of constitutional or statutory provisions;
    2. In excess of the statutory authority of the board;
    3. In violation of a board rule;
    4. Made upon unlawful procedure;
    5. Affected by other error of law;
    6. Unsupported by evidence or based on incorrect or incomplete information which, if correct or complete, might have resulted in a different action;or
    7. Unreasonable, arbitrary, or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of decision.

        ITEM 86.    Renumber 205—Chapter 16 as 205—Chapter 15.

        ITEM 87.    Amend renumbered 205—Chapter 15, title, as follows:WAIVER AND VARIANCE RULESWAIVERS

        ITEM 88.    Amend renumbered rule 205—15.1(17A) as follows:

    205—15.1(17A) Definition.  For purposes of this chapter, “a waiver or variance” means action by the board which suspends in whole or in part the requirements or provisions of a rule as applied to an identified person on the basis of the particular circumstances of that person. For simplicity, the term “waiver” shall include both a “waiver” and a “variance.”

        ITEM 89.    Amend renumbered rule 205—15.4(17A) as follows:

    205—15.4(17A) Criteria for waiver or variance.  In response to a petition completed pursuant to rule 16.6(17A)205—15.6(17A), the board may in its sole discretion issue an order waiving in whole or in part the requirements of a rule if the board finds, based on clear and convincing evidence, all of the following:
    1. The application of the rule would impose an undue hardship on the person for whom the waiver is requested;
    2. The waiver from the requirements of the rule in the specific case would not prejudice the substantial legal rights of any person;
    3. The provisions of the rule subject to the petition for a waiver are not specifically mandated by statute or another provision of law; and
    4. Substantially equal protection of public health, safety, and welfare will be afforded by a means other than that prescribed in the particular rule for which the waiver is requested.

        ITEM 90.    Amend renumbered rule 205—15.6(17A) as follows:

    205—15.6(17A) Content of petition.  A petition for waiver shall include the following information where applicable and known to the requester:
    1. The name, address, and telephone number of the person or entity for which a waiver is requested, and the case number of any related contested case.
    2. A description and citation of the specific rule from which a waiver is requested.
    3. The specific waiver requested, including the precise scope and duration.
    4. The relevant facts that the petitioner believes would justify a waiver under each of the four criteria described in rule 205—16.4(17A)205—15.4(17A). This statement shall include a signed statement from the petitioner attesting to the accuracy of the facts provided in the petition, and a statement of reasons that the petitioner believes will justify a waiver.
    5. A history of any prior contacts between the board and the petitioner relating to the regulated activity affected by the proposed waiver, including a description of any notices of violation, contested case hearings, or investigative reports relating to the regulated activity within the past five years.
    6. Any information known to the requester regarding the board’s treatment of similar cases.
    7. The name, address, and telephone number of any public agency or political subdivision which also regulates the activity in question, or which might be affected by the granting of a waiver.
    8. The name, address, and telephone number of any person or entity that would be adversely affected by the granting of a petition.
    9. The name, address, and telephone number of any person with knowledge of the relevant facts relating to the proposed waiver.
    10. Signed releases of information authorizing persons with knowledge regarding the request to furnish the board with information relevant to the waiver.
    ARC 6814CProfessional Licensure Division[645]Notice of Intended Action

    Proposing rule making related to theory and practical examination process and providing an opportunity for public comment

        The Board of Barbering hereby proposes to amend Chapter 5, “Fees,” and Chapter 21, “Licensure,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code chapters 158 and 272C and section 147.76.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapters 147, 158 and 272C.Purpose and Summary    This proposed rule making updates the examination registration process and removes the requirement for the practical examination fee to be paid to the Board office.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    This rule making expedites initial licensure, which supports the Governor’s priorities.Waivers    A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18. Public Comment     Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Board no later than 4:30 p.m. on January 31, 2023. Comments should be directed to: Venus Vendoures Walsh Professional Licensure Division Iowa Department of Public Health Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.242.6529 Email: venus.vendoures-walsh@idph.iowa.gov Public Hearing     A public hearing at which persons may present their views orally or in writing will be held as follows: January 31, 2023 9:30 to 10 a.m. Via video/conference call Meeting link: us02web.zoom.us/j/84820470659?pwd=dVN2 Q3AvS21XcHV5cS9SSmlSYXFlZz09 Meeting ID: 848 2047 0659 Passcode: 911371 Via telephone: 1.312.626.6799     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. In an effort to ensure accuracy in memorializing a person’s comments, a person may provide written comments in addition to or in lieu of oral comments at the hearing.      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 Board and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Rescind subrule 5.2(4).

        ITEM 2.    Renumber subrules 5.2(5) to 5.2(17) as 5.2(4) to 5.2(16).

        ITEM 3.    Amend paragraph 21.2(1)"e" as follows:    e.    Applicants shall pass both the NIC theory examination and the NIC practical examination with a score of 70 percent or better on each examination.    (1)   The applicant shall submit the test registration fee for the written theory and the practical examination directly to the test service.     (2)   NIC examinations are administered according to guidelines set forth by the National Interstate Council of State Boards of Cosmetology.

        ITEM 4.    Rescind and reserve rule 645—21.3(158).

        ITEM 5.    Amend subrule 21.9(3) as follows:    21.9(3)   Late renewal. The license shall become late when the license has not been renewed by the expiration date on the wallet card. The licensee shall be assessed a late fee as specified in 645—subrule 5.2(10)645—subrule 5.2(9). To renew a late license, the licensee shall complete the renewal requirements and submit the late fee within the grace period.

        ITEM 6.    Amend paragraphs 21.11(1)"c" and 21.11(1)"d" as follows:    c.    A barbershop license may be for a stationary barbershop or a mobile barbershop.    (1)   Stationary barbershop. A stationary barbershop license shall be issued for a specific location. A change in location or site of a stationary barbershop shall result in the cancellation of the existing license and necessitate application for a new license and payment of the fee required by 645—subrule 5.2(8)645—subrule 5.2(7). A change of address without change of actual location shall not be construed as a new site.    (2)   Mobile barbershop. A mobile barbershop license shall be issued for a permanent physical address. The licensee is required to provide a permanent physical address for board correspondence. A mobile barbershop may operate in a legal parking spot or on private property, with the permission of the owner or the owner’s designee, anywhere in the state of Iowa provided the mobile barbershop is operating in compliance with applicable federal and state transportation, environmental, and sanitary regulations, including those herein.    (3)   Barbershop owner’s contact information. The listed owner of either a stationary or mobile barbershop must update the board within 30 days of a change in contact information, which includes telephone number, email address, and mailing address.     d.    A barbershop license is not transferable. A change in ownership of a barbershop shall result in the cancellation of the existing license and necessitate application for a new license and payment of the fee required by 645—subrule 5.2(8)645—subrule 5.2(7).

        ITEM 7.    Amend subrule 21.16(2) as follows:    21.16(2)   Pay the reactivation fee that is due as specified in 645—subrule 5.2(11)645—subrule 5.2(10).

        ITEM 8.    Amend subrule 21.17(2) as follows:    21.17(2)   Pay the reactivation fee that is due as specified in 645—subrule 5.2(12)645—subrule 5.2(11).    ARC 6817CSoil Conservation and Water Quality Division[27]Notice of Intended Action

    Proposing rule making related to meetings and providing an opportunity for public comment

        The Soil Conservation and Water Quality Division hereby proposes to amend Chapter 2, “Operation of State Soil Conservation and Water Quality Committee,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 161A.4.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 161A.4.Purpose and Summary    This proposed rule making would change the frequency of meetings by the State Soil Conservation and Water Quality Committee from monthly to quarterly. The Committee voted to advance this rule making at its meeting on October 6, 2022.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Division for a waiver of the discretionary provisions, if any, pursuant to 27—Chapter 8.Public Comment    Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Division no later than 4:30 p.m. on January 31, 2023. Comments should be directed to:Colin Tadlock Iowa Department of Agriculture and Land Stewardship Wallace State Office Building 502 East 9th Street Des Moines, Iowa 50319 Phone: 515.518.7609 Email: colin.tadlock@iowaagriculture.govPublic Hearing    No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making action is proposed:

        ITEM 1.    Amend rule 27—2.2(161A) as follows:

    27—2.2(161A) Time of meetings.  The committee meets monthly, generally the first Thursday of each monthquarterly. The chairperson or a majority of the committee may establish meetings at more frequent intervals.    ARC 6822CTransportation Department[761]Notice of Intended Action

    Proposing rule making related to commercial driver’s license requirements and adoption of federal regulations and providing an opportunity for public comment

        The Transportation Department hereby proposes to amend Chapter 520, “Regulations Applicable to Carriers,” Chapter 529, “For-Hire Interstate Motor Carrier Authority,” and Chapter 607, “Commercial Driver Licensing,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 307.12, 321.176B, 321.188, 321.449 and 321.450.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 307.27, 321.176B, 321.188, 321.449 and 321.450.Purpose and Summary    This proposed rule making aligns Chapters 520, 529 and 607 with federal regulation changes that occurred during the 2022 federal fiscal year. This proposed rule making also amends Chapter 607 to increase the length of the validity period for a restricted commercial driver’s license (CDL) for certain agricultural purposes as allowed under newly adopted federal standards.    Restricted CDL expansion. The proposed amendments to Chapter 607 align the rules with recent changes to 49 Code of Federal Regulations (CFR) 383.3(f)(3)(ii) in accordance with existing legal authority in Iowa Code section 321.176B. Specifically, Section 23019 of the federal Infrastructure Investment and Jobs Act (IIJA) directs the Federal Motor Carrier Safety Administration (FMCSA) to amend CFR 383.3(f)(3)(ii) to provide that a restricted CDL issued to an employee in a farm-related service industry be valid for up to 210 days (previously 180 days). The FMCSA made the necessary changes to that CFR section on September 29, 2022, by publishing an immediately effective final rule (FR Vol. 87, No. 188, pages 59030-59037). These proposed amendments will benefit existing individuals who utilize the restricted CDL and will ensure that Iowa remains compliant with the applicable federal CDL regulations.    Annual update. The remaining proposed amendments are part of the regular annual update in which the Department adopts the most recent updates to the federal regulations. Iowa Code section 321.188 requires the Department to adopt rules to administer CDLs in compliance with certain portions of 49 CFR Part 383. Iowa Code section 321.449 requires the Department to adopt rules consistent with the Federal Motor Carrier Safety Regulations (FMCSR) promulgated under United States Code, Title 49, and found in 49 CFR Parts 385 and 390 to 399. Iowa Code section 321.450 requires the Department to adopt rules consistent with the Federal Hazardous Materials Regulations (HMR) promulgated under United States Code, Title 49, and found in 49 CFR Parts 107, 171 to 173, 177, 178 and 180.    Commercial vehicles transporting goods in interstate commerce are subject to the FMCSR on the effective dates specified in the Federal Register (FR). Commercial vehicles transporting hazardous materials in interstate commerce or transporting certain hazardous materials intrastate are subject to the HMR on the effective dates specified in the FR. The adoption of the federal regulations by the Department will extend the enforcement of the regulations to commercial vehicles operated intrastate unless exempted by statute.    The proposed amendments to Chapter 520 adopt the CFR dated October 1, 2022, for 49 CFR Parts 107, 171, 172, 173, 177, 178, 180, 385 and 390 to 399. The proposed amendment to Chapter 529 adopts the current CFR dated October 1, 2022, for 49 CFR Parts 365 to 368 and 370 to 379. The proposed amendment to Chapter 607 adopts the CFR dated October 1, 2022, for certain portions of 49 CFR Part 383.    Proposed federal regulations are published in the FR to allow a period for public comment, and after adoption, the final regulations are published in the FR. To ensure the consistency required by statute, the Department adopts the specified parts of 49 CFR as adopted by the United States Department of Transportation.    The following paragraphs provide a specific description of the amendments to the FMCSR and the HMR that have become final and effective since the 2022 edition of the CFR that affect Chapters 520, 529 and 607:    Amendments to the FMCSR and HMR    Parts 383, 390, and 392 (FR Vol. 86, No. 192, pages 55718-55743, 10-7-2021)    This final rule amends the FMCSR to establish requirements for State Driver’s Licensing Agencies (SDLAs) to use information obtained through the Drug and Alcohol Clearinghouse (DACH), an FMCSA-administered database containing driver-specific controlled substance (drug) and alcohol records. SDLAs must not issue, renew, upgrade, or transfer a CDL or commercial learner’s permit (CLP) to any individual prohibited under FMCSA regulations from performing safety-sensitive functions, including driving a commercial motor vehicle (CMV), because of one or more drug and alcohol program violations. Further, SDLAs must remove the CLP or CDL privilege from the driver’s license of an individual subject to the CMV driving prohibition, which would result in a downgrade of the license until the driver complies with return-to-duty (RTD) requirements. This final rule also requires states receiving Motor Carrier Safety Assistance Program (MCSAP) grant funds to adopt a compatible CMV driving prohibition applicable to CLP and CDL holders who violate the FMCSA’s drug and alcohol program requirements, and it also makes clarifying and conforming changes to current regulations. Compliance with the final rule is required by November 18, 2024. Effective date: November 8, 2021.    Parts 365, 368, 383, 385, 390, 391, 393, 395, 396, and 398 (FR Vol. 86, No. 196, pages 57060-57077, 10-14-21)    This final rule makes technical corrections throughout the FMCSR to correct inadvertent errors and omissions, remove or update obsolete references, improve the clarity and consistency of certain regulatory provisions, and make nondiscretionary ministerial changes that align regulatory requirements with the underlying statutory authority. The FMCSA adds two new provisions for transparency relating to agency management and to the FMCSA’s rules of organization, procedures, or practice, and makes corresponding changes to definitions, addresses, and employee titles throughout the FMCSR. Effective date: October 14, 2021.    Part 383 (FR Vol. 86, No. 207, pages 59871-59872, 10-29-21)    This final rule corrects two regulatory references in the FMCSR that were amended by the October 7, 2021, DACH final rule. The amendment was necessary because of a subsequent unrelated rule-making action affecting the same section of the FMCSR. Effective date: November 8, 2021.    Parts 393 and 396 (FR Vol. 86, No. 214, pages 62105-62112, 11-9-21)    This final rule amends the FMCSR to add rear impact guards to the list of items that must be examined as part of the required annual inspection for each CMV, amends the labeling requirements for rear impact guards, and excludes road construction controlled horizontal discharge trailers from the rear impact guard requirements, consistent with changes made by National Highway Traffic Safety Administration to the corresponding Federal Motor Vehicle Safety Standards. Effective date: December 9, 2021.    Part 385 (FR Vol. 86, No. 244, pages 72851-72854, 12-23-21)    This final rule amends the FMCSR to incorporate the updated Commercial Vehicle Safety Alliance handbook containing inspection procedures and Out-of-Service Criteria (OOSC) for inspections of shipments of transuranic waste and highway route-controlled quantities of radioactive material. The OOSC provide enforcement personnel nationwide, including the FMCSA’s state partners, with uniform enforcement tolerances for inspections. Through this rule, the FMCSA incorporates by reference the April 1, 2021, edition of the handbook. Effective date: February 22, 2022.    Part 391 (FR Vol. 87, No. 14, pages 3390-3419, 1-21-22)    This final rule amends the FMCSR to allow individuals who do not satisfy, with the worse eye, either the existing distant visual acuity standard with corrective lenses or the field of vision standard, or both, to be physically qualified to operate a CMV in interstate commerce under specified conditions. Currently, such individuals are prohibited from driving CMVs in interstate commerce unless they obtain an exemption from the FMCSA. The new alternative vision standard replaces the current vision exemption program as the basis for determining the physical qualification of these individuals. Effective date: March 22, 2022.    Part 383 (FR Vol. 87, No. 23, pages 6045-6046, 2-3-22)    This guidance amended the FMCSA’s official regulatory interpretation of 49 CFR Part 383 to allow third-party testers to administer the commercial driver’s license knowledge tests for all classes and endorsements. Under the guidance, SDLAs may accept the results of knowledge tests administered by third-party testers in accordance with existing knowledge test standards and requirements set forth in 49 CFR Part 383, subparts G and H. Effective date: February 3, 2022.    Part 391 (FR Vol. 87, No. 28, page 7756, 2-10-22)    This final rule corrects a typographical error in the FMCSR that were amended by the January 21, 2022, final rule amending vision standards for interstate CMV operation in Part 391. This rule corrects a previously incorrect date for grandfathered drivers who participated in a vision waiver study program to come into compliance with the provisions in the final rule. Effective date: March 22, 2022.    Part 393 (FR Vol. 87, No. 44, pages 12596-12604, 3-7-22)    This final rule amends the FMCSR to increase the area on the interior of CMV windshields where certain vehicle safety technology devices may be mounted. In addition, the FMCSA adds items to the definition of vehicle safety technology. This final rule responds to a rule-making petition from Daimler Trucks North America. Effective date: May 6, 2022.    Parts 385, 390, and 391 (FR Vol. 87, No. 46, pages 13192-13209, 3-9-22)    This final rule amended the FMCSR to eliminate the requirement that drivers operating CMVs in interstate commerce prepare and submit a list of their convictions for traffic violations to their employers annually. This requirement is largely duplicative of a separate rule that requires each motor carrier to make an annual inquiry to obtain the motor vehicle record for each driver it employs from every state in which the driver holds or has held a CMV operator’s license or permit in the past year. To ensure motor carriers are aware of traffic convictions for a driver who is licensed by a foreign authority rather than by a state, the agency amends the rule to provide that motor carriers must make an annual inquiry to each driver’s licensing authority where a driver holds or has held a CMV operator’s license or permit. Effective date: May 9, 2022.    Part 380 (FR Vol. 87, No. 53, pages 15344-15345, 3-18-22)    This final rule makes a technical correction to a previously published FMCSA final rule. The correction removes obsolete regulatory text from its June 30, 2021, entry-level driver training final rule. The changes are not substantive and simply ensure that a subpart eliminated by the final rule will be accurately removed and reserved in the FMCSR for future use. This correction is effective March 18, 2022, but is applicable beginning February 7, 2022.    Parts 107 and 171 (FR Vol. 87, No. 54, pages 15839-15873, 3-21-22)    This final rule updates the HMR with the statutorily prescribed 2022 adjustments to civil penalty amounts that may be imposed for violations of certain U.S. Department of Transportation regulations. In addition, this rule notes the new U.S. Department of Transportation civil penalties authority provided in the Infrastructure Investment and Jobs Act. Effective date: March 21, 2022.    Parts 371 and 375 (FR Vol. 87, No. 80, pages 24431-24454, 4-26-22)    This final rule amends the Transportation of Household Goods regulations to incorporate recommendations from the Household Goods Consumer Protection Working Group (Working Group) contained in the Recommendations to the U.S. Department of Transportation to Improve Household Goods Consumer Education, Simplify and Reduce Paperwork, and Condense FMCSA Publication ESA 03005 (Recommendations Report). The amendments reflect those aspects of the Recommendations Report which require a rule making to implement and are within the FMCSA’s authority and include minor changes to the Transportation of Household Goods regulations and the Brokers of Property regulations which are intended to increase clarity and consistency. The updates will result in an aggregate reduction in costs for household goods motor carriers and provide clarity for individual shippers. Effective date: June 27, 2022.    Parts 171, 172, 173, 178, and 180 (FR Vol. 87, No. 142, pages 44944-45001, 7-26-22)    This final rule amends the HMR to maintain alignment with international regulations and standards by adopting various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements and to allow for better alignment with Transport Canada’s Transportation of Dangerous Goods Regulations. Effective date: August 25, 2022.    Part 173 (FR Vol. 87, No. 157, pages 50271-50273, 8-16-22)    This final rule corrected the July 26, 2022, final rule that amended the HMR. The amendments are technical and were needed to correct an inadvertent removal of two paragraphs in the previously published final rule. Effective date: August 25, 2022.    Part 367 (FR Vol. 87, No. 169, pages 53680-53695, 9-1-22)    This final rule amends the FMCSR concerning the annual registration fees that states collect from motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies for the Unified Carrier Registration (UCR) Plan and Agreement for the 2023 registration year and subsequent registration years. The fees for the 2023 registration year would be reduced below the fees for 2022. The reduction in annual registration fees would be between $18 and $17,688 per entity, depending on the applicable fee bracket that is based on the number of vehicles owned or operated by the affected entity. Effective date: September 1, 2022.    Part 367 (FR Vol. 87, No. 173, page 54902, 9-8-22)    This final rule makes a typographical, nonsubstantive correction to the final rule that was published on September 1, 2022, concerning annual registration fees for the UCR Plan and Agreement. Effective date: September 8, 2022.    Parts 383, 385, 391, 395, 396, 397 (FR Vol. 87, No. 188, pages 59030-59037, 9-29-22)    This final rule amends the FMCSR by adopting nondiscretionary changes that align with directives under federal law, including increasing the maximum validity period of an agricultural restricted CDL issued under 49 CFR 383.3 from 180 days to 210 days as required by the Infrastructure Investment and Jobs Act. The final rule also makes technical corrections to correct inadvertent errors and omissions, remove or update obsolete references, and improve the clarity and consistency of certain regulatory provisions and makes changes relating to agency management and to the FMCSA’s rules of organization, procedures, and practice. Effective date: September 29, 2022.Fiscal Impact    The fiscal impact statement cannot be determined. The federal regulations to be adopted by this rule making were subject to fiscal impact review by either the FMCSA or the U.S. Pipeline and Hazardous Materials Safety Administration when the regulations were enacted and were determined not to be cost-prohibitive. Each FR final rule cited contains a fiscal analysis. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Various portions of the federal regulations and Iowa statutes allow some exceptions when the exceptions will not adversely impact the safe transportation of commodities on the nation’s highways. Granting additional exceptions for drivers and the motor carrier industry in Iowa would adversely impact the safety of the traveling public in Iowa. Public Comment     Any interested person may submit written comments concerning this proposed rule making or may submit a written request to make an oral presentation at a public hearing. Written comments or requests to present oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 31, 2023. Comments should be directed to: Tracy George Department of Transportation DOT Rules Administrator, Government and Community Relations 800 Lincoln Way Ames, Iowa 50010 Email: tracy.george@iowadot.us Public Hearing     If requested, a public hearing to hear oral presentations will be held on February 2, 2023, via conference call at 1 p.m. Persons who wish to participate in the conference call should contact Tracy George before 4:30 p.m. on January 31, 2023, to facilitate an orderly hearing. A conference call number will be provided to participants prior to the hearing.     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.     Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George and advise of specific needs.     The public hearing will be canceled without further notice if no oral presentation is requested. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend paragraph 520.1(1)"a" as follows:    a.    Motor carrier safety regulations.The Iowa department of transportation adopts the Federal Motor Carrier Safety Regulations, 49 CFR Parts 385 and 390-399 (October 1, 20212022).

        ITEM 2.    Amend paragraph 520.1(1)"b" as follows:    b.    Hazardous materials regulations.The Iowa department of transportation adopts the Federal Hazardous Materials Regulations, 49 CFR Parts 107, 171-173, 177, 178, and 180 (October 1, 20212022).

        ITEM 3.    Amend rule 761—529.1(327B) as follows:

    761—529.1(327B) Motor carrier regulations.  The Iowa department of transportation adopts the Code of Federal Regulations, 49 CFR Parts 365-368 and 370-379, dated October 1, 20212022, for regulating interstate for-hire carriers.Copies of this publication are available from the state law library or at www.fmcsa.dot.gov.

        ITEM 4.    Amend paragraph 607.10(1)"d" as follows:    d.    The following portions of 49 CFR Part 383 (October 1, 20212022):    (1)   Section 383.51, Disqualification of drivers.    (2)   Subpart E—Testing and Licensing Procedures.    (3)   Subpart G—Required Knowledge and Skills.    (4)   Subpart H—Tests.

        ITEM 5.    Amend paragraph 607.49(6)"f" as follows:    f.    On or after January 1, 20172023, a licensee may have up to three individual periods of validity for a restricted commercial driver’s license, provided the cumulative period of validity for all individual periods does not exceed 180210 days in any calendar year. An individual period of validity may be 60, 90, or 18070, 105, or 210 consecutive days, at the election of the licensee. A licensee may add 3035 days to an individual period of validity by applying for an extension, subject to the 180-day210-day cumulative maximum period of validity. A request for extension must be made no later than the date of expiration of the individual period of validity for which an extension is requested; a request for extension made after that date shall be treated as a request for a new individual period of validity. An extension shall be calculated from the date of expiration of the individual period of validity for which an extension is requested. Any period of validity authorized previously by another state’s license shall be considered a part of the 180-day210-day cumulative maximum period of validity.    ARC 6821CTransportation Department[761]Notice of Intended Action

    Proposing rule making related to driver’s license issuance and providing an opportunity for public comment

        The Transportation Department hereby proposes to amend Chapter 605, “License Issuance,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 307.12, 321.182, 321.189, 321.193, 321.196 and 321.198.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 321.13, 321.177, 321.182, 321.186, 321.186A, 321.189, 321.193, 321.196 and 321.198, and the REAL ID Act of 2005 (49 U.S.C. Section 30301 note) as amended by the REAL ID Modernization Act (H.R. 133, Division U, Title X).Purpose and Summary    This proposed rule making aligns with existing legal authority and Department practice, eliminates outdated or irrelevant requirements or options, and accommodates modern, electronic procedures and terminology. The proposed amendments:

  • State that a person who may be physically or mentally incapable of operating a motor vehicle safely must submit either a medical or vision report (rather than only a medical report) and may also be required to pass the applicable license examinations required under Chapter 604 or Chapter 607 before the Department is permitted to issue a license.
  • Clarify that when an applicant’s medical report indicates the applicant suffered a loss of consciousness, the person may be licensed without having to undergo a six-month episode-free waiting period if the report indicates the loss of consciousness was a single nonrecurring episode and that the person is not being treated for the loss of consciousness or a contributing health condition. Also, a definition of “single nonrecurring episode” of loss of consciousness is added to mean an incident that is not caused by a health condition if there is no history of prior episodes or no history of a health condition that may cause such an episode. For example, the exception to the six-month episode-free waiting period would not apply to a person who is being treated for diabetes and experienced a low blood sugar event that caused the loss of consciousness, but the exception would apply to a person whose loss of consciousness resulted from an incident of fainting from high temperatures or choking on a piece of food while driving.
  • Add pertinent references to certain Iowa Code sections within two implementation sentences.
  • Incorporate the applicable cross references to Chapter 601 within the rule concerning the contents of a license. Additionally, the proposed changes clarify that the contents of the license shall include the licensee’s height in feet and inches, rather than inches alone.
  • Align the rule with the Department’s existing statutory authority concerning the conditions under which the Department may issue a “recall” restriction to require certain existing licensees to provide additional information or complete additional examination to retain the license. The proposed amendments also clarify that the restriction could entail completion of a follow-up medical report, additional examination, or other additional information. These proposed changes ease the burden on licensees whose restriction requires only submission of additional information rather than in-person re-examination by no longer requiring the licensee to appear in person.
  • Restructure the paragraphs relating to the procedures for loss of consciousness or voluntary control and incorporate cross references in lieu of unnecessary verbiage. These proposed updates do not represent any change to the existing requirements or procedures outlined in the current paragraphs.
  • Allow individuals who are 21 years old and hold a commercial driver’s license to qualify for the electronic license replacement option.
  • Update the contact information and form number for submitting address changes to the Department and remove the reference to the “driver’s license kiosk,” as kiosks are no longer utilized by the Department.
  • Modify the rule relating to a military license extension under Iowa Code section 321.198 to align with current Department practice to allow a qualified military member to apply for the electronic record of the person’s driver’s license extension in person or by submitting a form to the Department and outline the documentation that must be provided to demonstrate eligibility. Furthermore, the proposed amendments add language to state that license renewal following separation from military service requires fee payment or examination, if applicable, and add cross-references to the rules that establish knowledge and driving skills examination waivers for military service members.
  • Explain the conditions under which the Department can renew a noncommercial license prior to expiration date, including that a REAL ID cannot be renewed more than 180 days prior to the expiration date if the renewal would result in noncompliance with federal requirements governing the eight-year maximum period of validity for a REAL ID.
  • Eliminate a subrule that is outdated and does not align with current Department practice for renewing licenses past the expiration date.
  • Remove the reference to the restriction “R—Maximum speed of 35mph” related to criteria for electronic renewal eligibility because the restriction is no longer issued by the Department.
    • Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11. Public Comment    Any interested person may submit written comments concerning this proposed rule making or may submit a written request to make an oral presentation at a public hearing. Written comments or requests to present oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 31, 2023. Comments should be directed to: Tracy George Department of Transportation DOT Rules Administrator, Government and Community Relations 800 Lincoln Way Ames, Iowa 50010 Email: tracy.george@iowadot.us Public Hearing     If requested, a public hearing to hear oral presentations will be held on February 2, 2023, via conference call at 9 a.m. Persons who wish to participate in the conference call should contact Tracy George before 4:30 p.m. on January 31, 2023, to facilitate an orderly hearing. A conference call number will be provided to participants prior to the hearing.     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.     Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George and advise of specific needs.     The public hearing will be canceled without further notice if no oral presentation is requested. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend rule 761—605.4(252J,321) as follows:

    761—605.4(252J,321) Persons not to be licensed.      605.4(1)   The department shall not knowingly issue a license to any person who is ineligible for licensing.    605.4(2)   The department shall not knowingly license any person who is unable to operate a motor vehicle safely because of physical or mental disability until that person has submittedsubmits a medical reportor vision report stating that the person is physically and mentally capable of operating a vehicle safelyand passes the applicable examinations if required under 761—Chapter 604 or 607.    605.4(3)   The department shall not knowingly license any person who has been specifically adjudged incompetent, pursuant to Iowa Code chapter 229, on or after January 1, 1976, including anyone admitted to a mental health facility prior to that date and not released until after, until the department receives specific adjudication that the person is competent. A medical report stating that the person is physically qualified to operate a motor vehicle safely shall also be required.    605.4(4)   The department shall not knowingly license any person who suffers from syncope of any cause, any type of periodic or episodic loss of consciousness, or any paroxysmal disturbances of consciousness, including but not limited to epilepsy, until that person has not had an episode of loss of consciousness or loss of voluntary control for six months, and then only upon receipt of a medical report favorable toward licensing.    a.    If a medical report indicates a pattern of only syncope, the department may license without a six-month episode-free period after favorable recommendation by the medical advisory board.    b.    If a medical report indicates a pattern of such episodes only when the person is asleep or is sequestered for sleep, the department may license without a six-month episode-free period.    c.    If an episode occurs when medications are withdrawn by a qualified medical professional, but the person is episode-free when placed back on medications, the department may license without a six-month episode-free period with a favorable recommendation from a neurologist.    d.    If a medical report indicates the person experienced a single nonrecurring episode, the cause has been identified, and the qualified medical professional is not treating the person for the episodeor a contributing health condition, andthe qualified medical professional believes itthe episode is unlikely to recur, the department may license without the six-month episode-free period with a favorable recommendation from a qualified medical professional.As used in this paragraph, a “single nonrecurring episode” means an incident that is not caused by a health condition and there is no history of prior episodes or a health condition that may cause such an episode.    605.4(5)   The department shall not license any person who must wear bioptic telescopic lenses to meet the visual acuity standard required for a license.    605.4(6)   When a medical report is required, a license shall be issued only if the report indicates that the person is qualified to operate a motor vehicle safely. The department may submit the report to the medical advisory board for an additional opinion.    605.4(7)   When the department receives evidence that an Iowa licensed driver has been adjudged incompetent or is not physically or mentally qualified to operate a motor vehicle safely, the department shall suspend the license for incapability, as explained in rule 761—615.14(321), or shall deny further licensing, as explained in rule 761—615.4(321).    605.4(8)   The department shall not knowingly issue a license to a person who is the named individual on a certificate of noncompliance that has been received from the child support recovery unit, until the department receives a withdrawal of the certificate of noncompliance or unless an application has been filed pursuant to Iowa Code section 252J.9.       This rule is intended to implement Iowa Code sections 252J.8, 252J.9, 321.13, 321.177,321.186, 321.193, 321.210, and 321.212.

        ITEM 2.    Amend subrule 605.5(2) as follows:    605.5(2) Current residential address.  The licensee’s current residential address shall be listed as established according to the requirements of761 —subrule 601.1(6) and 761—subrule 601.5(3).

        ITEM 3.    Amend subrule 605.5(3) as follows:    605.5(3) Physical description.  The physical description of the licensee on the face of the driver’s license shall includethe following as established according to the requirements of 761—subrule 601.1(5):    a.    The licensee’s eye color using these abbreviations: Blk-black, Blu-blue, Bro-brown, Dic-dichromatic, Gry-gray, Grn-green, Haz-hazel, Pnk-pink and Unk-unknown.    b.    The licensee’s height infeet and inches.

        ITEM 4.    Amend rule 761—605.7(321), implementation sentence, as follows:       This rule is intended to implement Iowa Code sections 321.1(8) as amended by 2021 Iowa Acts, House File 389, 321.180, and 321.189.

        ITEM 5.    Amend subrule 605.8(6) as follows:    605.8(6) Additional information.      a.    Reexamination or reportRecall of current licensees.TheBased on information disclosed by the applicant to the department, or the department’s knowledge of a licensee’s physical or mental condition, the department may issue a restriction requiring a person to reappearcomplete additional examination or submit additional information at a specified time for examinationto retain a valid license. The department may require a medical report to be submitted. The department shall send Form 430029430511 as a reminder to appearsubmit the requested information or appear for examination.    b.    Loss of consciousness or voluntary control.    (1)   If a person is licensed pursuant to subrule 605.4(4),paragraphs 605.4(4)“a,” “b,” or “c,” the department shall issue the first driver’s license with a restriction stating: “Medical report to be furnished at the end of six months.”    (2)   If this medical report shows that the person has been free of an episode of loss of consciousness or voluntary control since the previous medical report and the report recommends licensing, the department shall issue a duplicate driver’s license with a restriction stating: “Medical report required at renewal.” At each renewal accompanied by a favorable medical report, the department shall issue a two-year driver’s license with the same restriction.    (3)   If the latest medical report indicates the person experienced only a single nonrecurring episode, the cause has been identified, and the qualified medical professional is not treating or has not treated the person for the episode and believes it is unlikely to recur, the department may waive the medical report requirement upon receipt of a favorable recommendation from a qualified medical professional.    (4)   (3)   The department may remove the medical report requirement and issue a full-term driver’s license if recommended by a qualified medical professional and if the latest medical information on file with the department indicatesthat either of the following are true:    1.    theThe person has not had an episode of loss of consciousness or voluntary control and has not been prescribed medications to control such episodes during the 24-month period immediately preceding application for a license.    2.   The person has not had an episode of loss of consciousness or voluntary control during the ten-year period immediately preceding application for a license.    (5)   The department may remove the medical report requirement and issue a full-term driver’s license if recommended by a qualified medical professional and if the latest medical information on file with the department indicates the person has not had an episode of loss of consciousness or voluntary control during the 10-year period immediately preceding application for a license.    c.    Financial responsibility.When a person is required under Iowa Code chapter 321A to have future proof of financial responsibility on file, the license restriction will read: “SR required.” The license shall be valid only for the operation of motor vehicles covered by the class of license issued and by the proof of financial responsibility filed.    d.    Vision restriction.Restrictions relating to vision are addressed in 761—Chapter 604.

        ITEM 6.    Amend rule 761—605.8(321), implementation sentence, as follows:       This rule is intended to implement Iowa Code chapter 321A and sections321.177, 321.178, 321.180, 321.180A, 321.180B,321.186, 321.188, 321.189, 321.193, 321.194, 321.215, 321J.4, and 321J.20.

        ITEM 7.    Amend paragraph 605.11(3)"a", introductory paragraph, as follows:    a.    Except for the requirements in subparagraphs 605.25(7)“a”(1) and 605.25(7)“a”(2), the licensee must meet the eligibility requirements listed in paragraph 605.25(7)“a”or paragraph 605.25(8)“a” to replace the license electronically and must also meet the following criteria:

        ITEM 8.    Amend subrule 605.12(1) as follows:    605.12(1)   A licensee shall notify the department of a change in the licensee’s mailing address within 30 days of the change. Notice shall be given by:    a.    Submitting the address change in writing to the Driver and Identification Services BureauMotor Vehicle Division, Iowa Department of Transportation, P.O. Box 9204, Des Moines, Iowa 50306-9204, using Form 430012 or a written and signed statement listing the licensee’s full name, date of birth, driver’s license number and new mailing address; or    b.    Completing the address change on the department’s website at www.iowadot.gov or at a driver’s license kiosk; or    c.    Appearing in person to change the mailing address at any driver’s license service center.

        ITEM 9.    Amend rule 761—605.16(321) as follows:

    761—605.16(321) Military extension.      605.16(1) Form 430028Application.  A person who qualifies for a military extension of a valid license should requestunder Iowa Code section 321.198 and who wishes to have a record of the person’s military service extension recorded in the department’s computerized issuance system shall apply to the department in person by presentation of the person’s unexpired Armed Forces of the United States Geneva Conventions identification card, also known as a common access card (CAC), or by submitting Form 430028 from the department and carry it with the license for verification to peace officers. Form 430028 explains430081 to the department at the address in paragraph 605.12(1)“a.” The form shall be signed by the person’s commanding officer to verify the military service and be accompanied by a copy of the person’s CAC or current active duty orders. Upon approval, the department shall update the department’s electronic records with the person’s military exception status and issue the person a letter explaining the provisions of Iowa Code section 321.198 regarding military extensions.    605.16(2) Request for retention of record.  A person with a military extension may request that the department retain the record of license issuance for the duration of the extension or reenter the record if it has been removed from department records. The request may be made by letter or by using Form 430081. The letter or Form 430081 shall be signed by the person’s commanding officer to verify the military service and shall be submitted to the department at the address in paragraph 605.12(1)“a.”    605.(3) 605.16(2) Renewal of license after military extension.  When an applicant renews a license after a military extension, the department may require the applicant to provide documentation of both the military service and the date of separation from military service.In accordance with Iowa Code section 321.198(1)“b,” the applicant shall pay all applicable fees to renew the license. The applicant may also be waived from the applicable knowledge or driving skills examination in accordance with the provisions of 761—paragraphs 604.21(2)“c” and 604.31(2)“e” and 761—subrules 607.27(5) and 607.28(6).    605.(4) 605.16(3) Reinstatement after sanction.  A person with a military extension whose license has been canceled, suspended or revoked shall comply with the requirements ofrule 761—615.40(321) to reinstate the license.       This rule is intended to implement Iowa Code section 321.198.

        ITEM 10.    Amend rule 761—605.25(321) as follows:

    761—605.25(321) License renewal.      605.25(1)   A licensee who wishes to renew a driver’s license shall apply to the department and, if required, pass the appropriate examination.    605.25(2)   A validnoncommercial license may be renewed within 180 days before the expiration date. If this is impractical, theThe department for good cause may renew anoncommercial license earlier, except the department shall not renew a REAL ID driver’s license issued under rule 761—601.7(321) earlier than 180 days before the expiration date if such a renewal would result in noncompliance under 6 CFR Section 37.5(a).    605.25(3)   A valid license may be renewed within 60 days after the expiration date, unless otherwise specified.    605.25(4)   If the licensee’s current residential address, name, date of birth, or sex designation has changed since the previous license was issued, the licensee shall comply with the following:    a.    Current residential address.The licensee shall notify the department to establish the current residential address.    b.    Name.The licensee shall comply with the requirements of 761—subrule 601.5(5) to establish a name change.    c.    Date of birth.The licensee shall comply with the requirements of 761—subrule 601.5(6) to establish a change of date of birth.    d.    Sex designation.The licensee shall comply with the requirements of 761—subrule 601.5(7) to establish a change of sex designation.    605.25(5)   A licensee who has not previously been issued a license that may be accepted for federal identification purposes under 6 CFR Part 37 (a REAL ID license) and wishes to obtain a REAL ID license upon renewal must comply with the requirements ofrule 761—601.5(321) to obtain a REAL ID license upon renewal.    605.25(6)   A licensee who is a foreign national with temporary lawful status must provide documentation of lawful status as required by 761—subrule 601.5(4) at each renewal.    605.25(7)   The department may determine means or methods for electronic renewal of a noncommercial driver’s license.    a.    An applicant who meets the following criteria may apply for electronic renewal:    (1)   The applicant must be at least 18 years of age but not yet 70 years of age.    (2)   The applicant completed a satisfactory vision screen or submitted a satisfactory vision report under 761—subrules 604.10(1) to 604.10(3) and updated the applicant’s photo at the applicant’s last issuance or renewal.    (3)   The applicant’s driver’s license has not been expired for more than one year.    (4)   The department’s records show the applicant is a U.S. citizen.    (5)   The applicant’s driver’s license is not marked “valid without photo.”    (6)   The applicant is not seeking to change any of the following information as it appears on the applicant’s driver’s license:
    1. Name.
    2. Date of birth.
    3. Sex.
        (7)   The applicant’s driver’s license is a Class C noncommercial driver’s license, a Class D noncommercial driver’s license (chauffeur), or Class M noncommercial driver’s license (motorcycle) that is not a special license or permit, a temporary restricted license, or a two-year license.    (8)   The applicant is not subject to a pending request for reexamination.    (9)   The applicant does not wish to change any of the following:
    1. Class of license.
    2. License endorsements.
    3. License restrictions.
        (10)   The applicant is not subject to any of the following restrictions:G—No driving when headlights requiredJ—Restrictions on the back of cardT—Medical report required at renewal8—Special instruction permitQ—No interstate or freeway drivingR—Maximum speed of 35 mph        b.    Notwithstanding any other provision of this subrule to the contrary, the department may accept an electronic renewal application if the license contains a single “J” restriction accompanied by a “7,” “I” or “Y” restriction.    c.    The department reserves the right to deny electronic renewal and to require the applicant to personally apply for renewal at a driver’s license service center if it appears to the department that the applicant may have a physical or mental condition that may impair the applicant’s ability to safely operate a motor vehicle, even if the applicant otherwise meets the criteria in 605.25(7)“a.”    d.    An applicant who has not previously been issued a driver’s license that is compliant with the REAL ID Act of 2005, 49 U.S.C. Section 30301 note, as further defined in 6 CFR Part 37 (a REAL ID license) may not request a REAL ID driver’s license by electronic renewal.        605.25(8)   The department may determine means or methods for electronic renewal of a commercial driver’s license.    a.    An applicant who is otherwise eligible to renew a commercial driver’s license must meet the same eligibility requirements for renewing a noncommercial driver’s license listed in paragraph 605.25(7)“a” to renew the license electronically, except that numbered paragraph 605.25(7)“a”(9)“3” shall not apply if the applicant is adding or removing the K restriction from the license at the time of renewal. The applicant must also meet the following criteria:    (1)   The applicant is not subject to any of the following restrictions or endorsements:H—Hazardous materialX—Hazardous material and tank    (2)   The applicant does not also hold a valid commercial learner’s permit under Iowa Code section 321.180(2) as documented by restriction 3 on the commercial driver’s license.    (3)   An applicant self-certifying to non-excepted interstate driving has a valid medical certificate on file with the department as required under rule 761—607.50(321).    b.    The requirements in paragraphs 605.25(7)“c” and 605.25(7)“d” shall also apply to a license issued under this subrule.       This rule is intended to implement Iowa Code sections 321.186;, 321.188 as amended by 2021 Iowa Acts, House File 280, section 1; and 321.196 as amended by 2021 Iowa Acts, House File 280, section 2; the REAL ID Act of 2005 (49 U.S.C. Section 30301 note); and 6 CFR Part 37.    ARC 6805CAgriculture and Land Stewardship Department[21]Adopted and Filed Emergency

    Rule making related to biodiesel blended fuel between B-20 and B-99

        The Agriculture and Land Stewardship Department (Department) hereby amends Chapter 85, “Weights and Measures,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 214A.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 214A.2.Purpose and Summary    This rule making adds an Iowa-specific standard for biodiesel blended fuel classified as higher than B-20 but less than B-99 using ASTM International standards by reference. As a result of establishing the standard, at the beginning of 2023, the Department of Revenue will be enabled to offer two new tax credits that were established by the Legislature in 2022.    Currently, the Department relies on standards from ASTM; however, none currently exist for biodiesel blends between B-20 and B-99. This rule making adopts existing ASTM standards by reference for both biodiesel and diesel.Reason for Adoption of Rule Making Without Prior Notice and Opportunity for Public Participation    Pursuant to Iowa Code section 17A.4(3), the Department finds that notice and public participation are unnecessary or impractical because emergency adoption was approved by the Administrative Rules Review Committee. In compliance with Iowa Code section 17A.4(3)“a,” the Administrative Rules Review Committee at its December 12, 2022, meeting reviewed the Department’s determination and this rule making and approved the emergency adoption.Reason for Waiver of Normal Effective Date    Pursuant to Iowa Code section 17A.5(2)“b”(1)(b), the Department also finds that the normal effective date of this rule making, 35 days after publication, should be waived and the rule making made effective on February 13, 2023, because by adopting the standard as quickly as possible, the Department of Revenue will be able to offer two new tax credits at the beginning of 2023.Adoption of Rule Making    This rule making was adopted by the Department on December 12, 2022.Concurrent Publication of Notice of Intended Action    In addition to its adoption on an emergency basis, this rule making has been initiated through the normal rule-making process and is published herein under Notice of Intended Action as ARC 6804C to allow for public comment.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 13, 2023.    The following rule-making action is adopted:

        ITEM 1.    Rescind rule 21—85.33(214A,208A) and adopt the following new rule in lieu thereof:

    21—85.33(214A,208A) Motor fuel and antifreeze tests and standards.      85.33(1)   In the interest of uniformity, the tests and standards for motor fuel, including but not limited to renewable fuels such as ethanol blended gasoline, biodiesel, biodiesel blended fuel, and components such as an oxygenate, raffinate natural gasoline and motor vehicle antifreeze shall be those established by the ASTM international in effect on December 1, 2022, with the following exceptions:    a.    Biodiesel blended fuel classified as higher than B-20 but less than B-99.    b.    Tests and standards that are otherwise required by statute.    85.33(2)   The components used to produce biodiesel blended fuel classified as higher than B-20 but less than B-99 must meet the following department standards:    a.    The biodiesel must meet ASTM international specification D6751.    b.    The diesel must meet ASTM international specification D975.    85.33(3)   Diesel fuel which does not comply with ASTM international specifications may be blended with biodiesel, additives, or other diesel fuel so that the finished blended product does meet the applicable specifications.    85.33(4)   Motor fuel that contains more than one-half of 1 percent of methyl tertiary butyl ether (MTBE) by volume shall not be sold, offered for sale, or stored in Iowa.       This rule is intended to implement Iowa Code sections 208A.5, 208A.6, 214A.2, and 215.18.        [Filed Emergency 12/14/22, effective 2/13/23][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.    ARC 6807CAgriculture and Land Stewardship Department[21]Adopted and Filed Emergency

    Rule making related to hemp

        The Agriculture and Land Stewardship Department hereby amends Chapter 96, “Hemp,” Iowa Administrative Code. Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 204.3.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 204 as amended by 2022 Iowa Acts, House File 2380.Purpose and Summary    This rule making implements changes that were made to the Department’s hemp program during the 2022 Legislative Session. Under the new law, producers can be licensed to grow up to 320 acres of hemp; they were previously limited to 40 acres. These amendments reflect the new 320-acre limit, update the fee structure accordingly, increase transparency, and update the sampling methodology to ensure a 95 percent confidence interval for testing of delta-9 tetrahydrocannabinol (THC).Reason for Adoption of Rule Making Without Prior Notice and Opportunity for Public Participation    Pursuant to Iowa Code section 17A.4(3), the Department finds that notice and public participation are unnecessary or impractical because Iowa Code section 204.3 so provides. Reason for Waiver of Normal Effective Date    Pursuant to Iowa Code section 17A.5(2)“b”(1)(a) and (b), the Department also finds that the normal effective date of this rule making, 35 days after publication, should be waived and the rule making made effective on January 3, 2023, because the Department has been working with the United States Department of Agriculture (USDA) to update the state hemp plan and incorporate the acreage limit change that was made during the 2022 Legislative Session. At this time, the Department and USDA are still working through updates, but the 320-acre limit should be in place for the 2023 growing season to comply with state law. Emergency rule making will ensure that. The Department will continue to work through the state plan with USDA and plans to implement those updates in 2024.Adoption of Rule Making    This rule making was adopted by the Department on December 15, 2022.Concurrent Publication of Notice of Intended Action    In addition to its adoption on an emergency basis, this rule making has been initiated through the normal rule-making process and is published herein under Notice of Intended Action as ARC 6806C to allow for public comment.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making became effective on January 3, 2023.    The following rule-making actions are adopted:

        ITEM 1.    Amend rule 21—96.1(204), definition of “Crop site,” as follows:        "Crop site" "site" means a single contiguous parcel of land suitable for the planting, growing, or harvesting of hemp, if the parceltract of land does not exceed 40320 acres. All the area within the contiguous parceltract is part of the crop site. Unplanted areas, including spacing between planted rows, are part of the crop site for purposes of determining the size of a parcelsite. The crop site shall not be a dwelling.

        ITEM 2.    Rescind rule 21—96.5(204) and adopt the following new rule in lieu thereof:

    21—96.5(204) Fees.  The department shall impose, assess, and collect fees, which shall be paid by a licensee. All fees shall be collected by the department before the department takes any action for which the fee is applicable. All fees are nonrefundable. All inspection fees shall include the collection of an official sample and an official laboratory test of that sample. Fees are set as follows:TABLE 1CROP SITE LICENSE FEESAcresLicense Fee0 - 5$500 + $5 per acrePaid at application5.1 - 10$750 + $5 per acre10.1 - 320$1,000 + $5 per acreTABLE 2INSPECTION FEESPrimary Inspection Fee$500Paid at applicationSecondary Inspection Fee$500Paid upon inspection requestSupplemental Inspection Fee$150Paid upon inspection requestRemediation Inspection Fee$500Paid upon inspection requestTABLE 3RETESTING FEERetesting Fee$150Paid upon retesting request    96.5(1) Fees paid at time of license application.  The license fee and primary inspection fee shall be paid prior to acceptance of a license application. License fees shall be based on the number of acres in a crop site. A primary inspection fee shall secure a preharvest inspection of one lot or sub-lot.     96.5(2) Fees for preharvest inspection of additional hemp lots and sub-lots.  A licensee may request official sampling of additional lots and sub-lots. All inspection fees shall be paid prior to performance of any official test.    a.    If the additional preharvest inspection is to occur at the same time as the primary preharvest inspection, then a supplemental inspection fee shall be paid for each additional lot or sub-lot to be inspected.    b.    If the additional preharvest inspection is to occur on a different day than the primary preharvest inspection, then the licensee shall pay a secondary inspection fee for the first lot or sub-lot to be inspected, and each lot or sub-lot after that shall each be assigned a supplemental inspection fee.     96.5(3) Retesting fee.  A licensee may request a single retest of a preharvest sample previously collected for a lot or sub-lot if the licensee believes the original official laboratory test result was in error. The licensee may not request the collection of a new sample. The licensee requesting the retest of the sample shall pay the retesting fee prior to performance of official retest.    96.5(4) Remediation inspection fee.  A licensee may request a single post-remediation sample for a lot or sub-lot if the licensee receives permission from the department to remediate a crop with an official test result that exceeds the acceptable hemp THC concentration. The remediation inspection fee shall be paid prior to performance of official test.

        ITEM 3.    Amend subrule 96.7(9) as follows:    96.7(9)   The official sample collected by the department shall consist of approximately 2-inch cuttings of flowering material, meaning inflorescences (the flower of bud of plant), from the top one-third of the plant, based on the following table:TABLE 4NUMBER OF PLANTS SAMPLED, BASED ON LOT AND SUB-LOT ACREAGE SIZENumber of acresNumber of plants sampledNumber of acresNumber of plants sampledNumber of acresNumber of plants sampledNumber of acresNumber of plants sampled11 - 10101181 - 90116921161 - 1702010831241 - 25029136211 - 2010191291 - 100127522171 - 1802111232251 - 26029139321 - 30102713101 - 110138123181 - 1902211633261 - 27030142431 - 40103514111 - 120148624191 - 2002312034271 - 28031145541 - 50104315121 - 130159125201 - 2102412335281 - 29032147651 - 60105016131 - 140169526211 - 2202412736291 - 30033150761 - 70105717141 - 1501710027221 - 2302513037301 - 31034152871 - 80106318151 - 1601810428231 - 2402613338311 - 320341559101918292739351010201930284036This table reflects a sampling scheme with a 95 percent confidence interval that no more than 1 percent of the plants in each lot would exceed the acceptable hemp THC concentration.    [Filed Emergency 12/19/22, effective 1/3/23][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.    ARC 6791CEnvironmental Protection Commission[567]Filed Emergency After Notice

    Rule making related to beverage container deposits

        The Environmental Protection Commission (Commission) hereby amends Chapter 107, “Beverage Container Deposits,” Iowa Administrative Code. Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 455C.9.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 455C as amended by 2022 Iowa Acts, Senate File 2378.Purpose and Summary    Chapter 107 regulates the beverage container redemption system in Iowa. This rule making aligns Chapter 107 with Iowa Code chapter 455C as amended by recent legislation (2022 Iowa Acts, Senate File 2378). These amendments rescind or amend provisions that are inconsistent with the amended statute. These amendments also clarify the existing rules and remove outdated provisions.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 2, 2022, as ARC 6632C. A public hearing was held on November 22, 2022, at 1 p.m. via video/conference call. Representatives of Cleaner Iowa and the Iowa Grocery Industry Association attended. In addition, written comments were received from the Iowa Beverage Association, the Iowa Grocery Industry Association, the Sierra Club Iowa Chapter, the Iowa Recycling Association, CRINC/Droppett, and the Iowa Wholesale Beer Distributors Association. A responsiveness summary is available upon request enumerating comments received from these parties during the formal comment period.    Several changes to the Notice have been made in response to stakeholder comments. The rules now make clear that there can only be one handling fee charged per container, either the 1-cent dealer agent fee or the 3-cent redemption center fee. The “store brand” redemption policy was clarified to ensure that consumers have an option for recovering their deposits for such containers. The rules were amended to give distributors, participating dealers, and redemption centers the flexibility to agree on alternative pick-up and payment schedules. Other minor edits were made to increase readability. Comments that contradicted the underlying state law were not incorporated.Reason for Waiver of Normal Effective Date    Pursuant to Iowa Code section 17A.5(2)“b”(1)(b), the Commission finds that the normal effective date of this rule making, 35 days after publication, should be waived and the rule making made effective on December 16, 2022, because Iowa Code chapter 455C as amended by 2022 Iowa Acts, Senate File 2378, goes into effect on January 1, 2023. This rule making amends the existing rules so that they are consistent with the amended statute. Waiving the normal effective date confers the benefit of avoiding the situation where the rules and the statute are inconsistent, which would cause significant confusion for the consumers, distributors, redemption centers and other parties seeking to comply with the law.Adoption of Rule Making    This rule making was adopted by the Commission on December 13, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. A copy of the fiscal impact statement is available from the Department of Natural Resources (Department) upon request. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found. A copy of the jobs impact statement is available from the Department upon request. Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making became effective on December 16, 2022.    The following rule-making actions are adopted:

        ITEM 1.    Rescind and reserve rule 567—107.1(455C).

        ITEM 2.    Amend rule 567—107.2(455C), introductory paragraph, as follows:

    567—107.2(455C) Definitions.  As used in this chapter:For the purpose of this chapter, the following terms shall have the meaning indicated in this rule. The definitions set out in Iowa Code section 455C.1 shall be considered to be incorporated verbatim in this rule.

        ITEM 3.    Rescind the definitions of “Beverage,” “Beverage container,” “Commission,” “Consumer,” “Dealer,” “Dealer agent,” “Department,” “Director,” “Distributor,” “Exempt dealer,” “Manufacturer,” “Redemption center,” “Redemption center for a dealer” and “Registered redemption center” in rule 567—107.2(455C).

        ITEM 4.    Adopt the following new definitions of “Distributor redemption center” and “Handling fee” in rule 567—107.2(455C):        "Distributor redemption center" means a redemption center that satisfies the requirements of Iowa Code section 455C.14.        "Handling fee" "fee" means the amount reimbursed by a distributor, in addition to the return of the 5 cent refund value, in an amount that is 1 cent per beverage container for containers accepted from a dealer agent or 3 cents per beverage container accepted from a participating dealer or redemption center. Only one fee shall be charged per container.

        ITEM 5.    Amend rule 567—107.2(455C), definitions of “Exempt beverage container” and “Unapproved redemption center,” as follows:        "Exempt beverage container" means a beverage container that is not marked with the words “Iowa Refund 5¢” because it is a refillable glass beverage container having a brand name permanently marked on it and having a refund value of 5 or more cents or because it is a refillable metal or plastic beverage container that has been exempted, in accordance with the procedure of subrule107.3(7), from the requirement of having the refund value marked on the container. An exempt beverage container is exempt from having the words “Iowa Refund 5¢” indicated on the container, but is not necessarily exempt from the minimum depositand redemption requirements of this chapter.        "Unapproved redemption center" means a redemption center that is not an approved redemption center or a registered redemption center.

        ITEM 6.    Amend subrule 107.3(1) as follows:    107.3(1)   All beer, wine, alcoholic liquor, mineral water, soda water and similar carbonated soft drink containers (other than exempt containers) sold or offered for sale in Iowa by a dealer shall have the words “Iowa Refund 5¢” or “IA 5¢” clearly, indelibly and legibly indicated on the container. If the refund value is more than 5 cents, the greater value may be indicated, e.g., “Iowa Refund 10¢” or “IA 10¢.” Any abbreviation of the words “Iowa Refund” other than as provided in this subrule shall be submitted to and approved by the department.

        ITEM 7.    Amend subrule 107.3(5) as follows:    107.3(5)   The words “Iowa Refund 5¢” or “IA 5¢” shall be on the topor on the cylindrical portion of a metal beverage container. The words “Iowa Refund 5¢” or “IA 5¢” shall be on the conical portion of a glass or plastic beverage container so that the words are visible from above or shall be on the product label. The placement of refund information solely on the bottom of the beverage container is prohibited.

        ITEM 8.    Amend subrule 107.3(7), introductory paragraph, as follows:    107.3(7)   An application for exemption from the requirement of having the words “Iowa Refund 5¢” or “IA 5¢” indicated on the container shall be on Form LQ 37 or on 8½″ × 11″ papersubmitted to the department and shall contain:

        ITEM 9.    Amend subrule 107.3(8) as follows:    107.3(8)   An example of the container for which the exemption is being requested shall be sent to the department along with the application required insubrule 107.3(7).The example may consist of photographic images or empty containers. Examples submitted to the department shall not contain any liquid.

        ITEM 10.    Adopt the following new subrule 107.3(10):    107.3(10)   Automatic exemption. Beverage containers sold in Iowa containing alcoholic liquor as defined in Iowa Code section 123.3(5) where the total capacity of the container is not more than 50 milliliters are automatically exempted from the labeling requirement of rule 567—107.3(455C). However, such beverage containers remain subject to the remainder of this chapter.

        ITEM 11.    Amend rule 567—107.4(455C), introductory paragraph, as follows:

    567—107.4(455C) Redemption centers.  The Act provides for both approved and unapproved redemption centers. Both approved and unapproved redemption centers redeem empty beverage containers and pay the refund value to consumers. Additionally, the Act recognizes “a redemption center for a dealer.” Unapproved redemption centers in existence on May 22, 2002, and served by distributors on a voluntary basis may formalize the status quo by registering with the department pursuant to 107.4(4).Only approved redemption centers can satisfy the requirements of Iowa Code sections 455C.4(2)“a”(2) and 455C.4(2)“a”(3) and 2022 Iowa Acts, Senate File 2378, section 19.1(a) or 19.1(b). Additionally, only approved redemption centers will be listed on the department’s electronic database pursuant to Iowa Code section 455C.4(2)“c.”

        ITEM 12.    Amend subrules 107.4(1) and 107.4(2) as follows:    107 107.4 4(1)   Approved redemption centers.    a.    Any person may file with the department an application for approval of a redemption center.    b.    Anannual application for approval of a redemption center shall be submitted on Form LQ38 or on 8 ½ ″ × 11″ paper and shall contain the following information:to the department electronically.    (1)   Initial application. All redemption centers in existence prior to January 1, 2023, that wish to be considered approved under this chapter must apply for approval pursuant to the requirements of subrule 107.4(1) by January 31, 2023. This will ensure that the approved redemption center list published by the department is accurate and includes existing redemption centers. All other redemption centers that wish to be considered approved under this chapter (i.e., new redemption centers established any time after January 1, 2023) should file their application within 30 days of starting their business.    (2)   Annual renewals. All redemption centers should file their annual renewal application by January 31 of each subsequent year to allow the department to update its approved redemption center list in a timely manner.    (3)   Application requirements. A redemption center must submit a separate application for each facility, including if a redemption center is operating a mobile redemption system for a dealer or dealers. The information on the application will be included in an electronic database for consumers to locate the nearest approved redemption center; as such, applications must be resubmitted annually to ensure that contact information remains accurate. There is no fee to submit the application. The application shall include the following information:    (1)   1.   Name, address and telephone number of the redemption center;    (2)   2.   Name, address and telephone number of the person or persons responsible for the establishment and operation of the redemption center;    (3)   3.   Indication that the redemption center will accept all kinds, sizes, and brand names of beverage containers sold by the dealers served by the redemption center;A statement that the operator of the redemption center understands it must accept all redeemable containers, except for those containers exempted in rule 567—107.13(455C);     4.   Whether the redemption center will be operating a mobile redemption system and the location(s) where the system will be operated.    (4)   Names and addresses of the dealers to be served by the redemption center and the written consent of those dealers to be served by the redemption center;    (5)   Distance, in blocks or other appropriate measure, from the redemption center to each dealer to be served by the redemption center;    (6)   Names and addresses of the distributors whose beverage containers will be redeemed;    (7)   Hours during which the redemption center is to be open;    (8)   Whether metal, glass or plastic beverage containers will be crushed or broken and, if so, the written consent of the distributor or manufacturer to the crushing or breaking;    (9)   Reasons why the redemption center and the dealers to be served by it believe that the redemption center will provide a convenient service to consumers.    c.    A redemption center shall be approved as a redemption center for a dealer if the department determines that the redemption center will provide a convenient service to the dealer’s customers. The department order that approves the redemption center shall name the dealers to be served by the redemption center.The department will issue an electronic order of approval once a complete application is received.    d.    An approved redemption center may file with the department a supplemental application to serve additional dealers. The supplemental application shall be in the form and contain the information required by paragraph “b.” If the department finds that the redemption center will provide a convenient service to the customers of those additional dealers which the redemption center proposes to serve, the department shall supplement its order approving the redemption center to name the additional dealers.    e.    A dealer named in the department order that approves a redemption center or named in a supplemental order shall be an exempt dealer.    f.    d.    The department may at any time rescind the order approving a redemption center or terminate the exemption of a dealer if the department determines, after notice and hearing, that the redemption center is in violation of the Act or this chapter or that the redemption center is no longer meeting the above criteria or is no longer providing a convenient service to a dealer’s customers.    g.    A dealer may withdraw its consent to be served by a redemption center which is approved as a redemption center for the dealer by filing with the department written notice of withdrawal of consent. A dealer which has withdrawn its consent is no longer an exempt dealer, and the approval of its redemption center as a redemption center for the dealer is thereby terminated.    h.    e.    An approved redemption center shall accept from consumers and shall pay the refund value for all beverage containers that bear an Iowa refund value and are of the kinds, sizes and brand names sold by the dealers for which it is an approved redemption centerthose containers exempted from the labeling requirement pursuant to subrule 107.3(10).    i.    An approved redemption center shall be in operation and open to the public for redemption of beverage containers at least 20 hours per week, 4 hours of which shall be between the hours of 6 p.m. and 10 p.m. or on Saturday or Sunday, or a combination thereof.    j.    f.    When an approved redemption center is closing permanently, it shall give to the department notice that includes the redemption center’s final date of operation. As of the final date of operation, the redemption center’s approval as a redemption center shall be terminated and a dealer it was approved to serve shall no longer be an exempt dealer.An approved redemption center must notify the department and any dealers or distributors with which the redemption center has agreements 30 days prior to the redemption center’s closing.    107 107.4 4(2)   Unapproved redemption centers. Nothing in the Act or this chapter prevents a person from establishing a redemption center that has not been approved by, certified by, or registered with the department. Before commencing operations, unapproved redemption centers shall provide the following to the department:These facilities are not approved redemption centers as required by some sections of the Act.    a.    Name, address and telephone number of the redemption center;    b.    Name, address and telephone number of the person or persons responsible for the establishment and operation of the redemption center; and    c.    Operating hours of the redemption center.When the redemption center is closing permanently, it shall give to the department notice that includes the redemption center’s final date of operation.

        ITEM 13.    Rescind subrule 107.4(3) and adopt the following new subrule in lieu thereof:    107.4(3) Distributor redemption centers.      a.    Each beer distributor selling nonrefillable metal beverage containers in this state shall provide individually or collectively by contract or agreement with a dealer, person operating a redemption center or another person, at least one facility in the county seat of each county where refused empty nonrefillable metal beverage containers, refused pursuant to rule 567—107.13(455C), having a readable refund value indication as required by this chapter may be accepted and redeemed. In cities having a population of 25,000 or more, the number of the facilities provided shall be one for each 25,000 population or a fractional part of that population.    b.    Distributor redemption centers may be either “approved” or “unapproved.” To be “approved,” the facility must submit an application pursuant to subrule 107.4(1), which includes the requirement to accept more than just metal beverage containers.

        ITEM 14.    Rescind subrule 107.4(4).

        ITEM 15.    Rescind subrule 107.4(5).

        ITEM 16.    Rescind subrule 107.4(6).

        ITEM 17.    Rescind and reserve rule 567—107.5(455C).

        ITEM 18.    Rescind and reserve rule 567—107.7(455C).

        ITEM 19.    Amend rule 567—107.8(455C) as follows:

    567—107.8(455C) Interpretive rulesMiscellaneous requirements.      107.8(1)   Beverage containers “sold” on interstate carriers. It is common practice for interstate carriers to provide or sell soft drinks, beer, wine, or alcoholic liquor to passengers for consumption on the conveyance. Such containers are not a litter problem and their return would be impractical. Since statutes should be construed to avoid a strained or impractical result, the commission believes that control of the beverage containers “sold” on interstate carriers is beyond the objectives sought to be obtained by the Act and that these containers, such as trains, planes, or buses that travel through Iowa, are not subject to the deposit and labeling requirements of the Act.    107.8(2)   Beverage containers must be reasonably intact. In order to be redeemed, an empty beverage container must be returned reasonably intact. For a refillable beverage container, the container must hold liquid, be able to be resealed and be in its original shape. A nonrefillable glass container may be chipped, but it may not have the bottom broken out or the neck broken off. A nonrefillable metal container may be dented or partially crushed, but may not be crushed flat. A returned beverage container should be able to stand on its own base.    107.8(3)   Vending machines.    a.    When a beverage container is dispensed from a vending machine in exchange for money, there is presumed to be a sale of a beverage in a beverage container to a consumer. Therefore some person must be the “dealer” who is responsible for collecting the deposit at the time of sale and for refunding the deposit when the empty beverage container is returned. Because of the variety of contractual relationships surrounding operation of a vending machine, the person who is the “dealer” might be the owner of the vending machine, the lessee of the vending machine, the owner of the premises on which the vending machine is located, or the person who stocks the vending machine. It is incumbent upon the parties involved in the operation of a vending machine to determine the person who is the “dealer” and to indicate prominently on the vending machine the name, location and normal operating hours of the dealer (or an approved redemption center) if the dealer does not have personnel on its premises.    b.    If the vending machine is located on premises where personnel of the dealer are not normally working, there is no obligation to provide personnel to redeem beverage containers at the site of the vending machine. However, the “dealer” must provide for redemption of beverage containers at the dealer’s usual working place.    107.(4) 107.8(2)   Transfer tanks, premix tanks and beer kegs. Because transfer tanks, premix tanks and beer kegs (half-kegs, quarter kegs or pony kegs) are refillable, are returned to distributors and are not a litter problem, the commission believes that control of these containers is beyond the objectives sought to be obtained by the Act and that these containers are not subject to the deposit and labeling requirements of the Act.    107.(5) 107.8(3)   Return limits. Dealers may limit the number of containers returned by an individual to 120 containers in a 24-hour period. Redemption centers may limit the number of containers returned by an individual to 500 containers in a 24-hour period.    107.8(6)   Hours of returns for dealers. A dealer, unless exempted pursuant to 107.4(4), must accept returns, at a minimum, from 7 a.m. to 10 p.m. unless the dealer’s operating hours are shorter, in which case returns shall be limited to the dealer’s hours of operation. If a dealer chooses to limit the hours of returns, the dealer must post a sign stating the hours during which beverage containers are accepted for return.    107.8(7)   A dealer shall provide to the department upon request the name, telephone number and address of the distributor of any or all beverages sold by the dealer.    107.8(4)   A redemption center or participating dealer must have the written consent of the applicable distributor or manufacturer prior to crushing cans or containers.

        ITEM 20.    Amend rule 567—107.9(455C) as follows:

    567—107.9(455C) Pickup and acceptance of redeemed containersby distributor.      107.9(1) Pickupand acceptance fromparticipating dealers.  A distributor shall accept and pick up from aparticipating dealer served by the distributor, other than an exempt dealer, all empty beverage containers that bear an Iowa refund value and are of the kinds, sizes and brand names sold by the distributor. The distributor shall pick up the empty beverage containers at least weekly, or when the distributor delivers the beverage product to the dealer if deliveries are less frequent than weekly, unless otherwise agreed to by both the distributor and the dealer.    107.9(2) Pickupand acceptance from approved redemption centers and redemption centers certified as a redemption center for a dealer.  A distributor shallaccept and pick up from an approved redemption center for a dealer served by the distributor and from a redemption center certified as a redemption center for a dealer served by the distributor all empty beverage containers that bear an Iowa refund value and are of the kinds, sizes and brand names sold by the distributor. The distributor shall pick up the empty beverage containers at least weekly, or when the distributor delivers the beverage product to the dealer for which the redemption center is certified as a redemption center if deliveries are less frequent, unless otherwise agreed to by both the distributor and the approved redemption center or the certified redemption center for a dealer, as the case may be.    107.9(3) Pickup from registered redemption centers.  A distributor shall pick up from a registered redemption center at the physical address specified in the redemption center’s application, or at a new location approved by the department pursuant to 107.4(4), all empty beverage containers that bear an Iowa refund value and are of the kinds, sizes and brand names sold by the distributor. The distributor shall pick up the empty beverage containers according to the following schedule:    a.    At least as frequently as the distributor picks up empty beverage containers from a dealer served by the distributor and located within three road miles of the registered redemption center, but not less frequently than once every ten calendar days;    b.    At least once every ten calendar days for a registered redemption center located more than three road miles from the closest dealer served by the distributor; or    c.    As agreed to by both the distributor and the registered redemption center.    107.9(4) Acceptance of redeemed containers from redemption centers.  A distributor shall accept delivery of empty beverage containers from and pay the refund value and handling fee to a redemption center located within the distributor’s geographic service area provided that the containers bear an Iowa refund value and are of the kinds, sizes and brand names sold by the distributor.    107.(5) 107.9(3) Acceptance of redeemed containers from dealer agents.  A distributor shall accept delivery of empty beverage containers from and pay the refund value and handling fee to a dealer agent provided that the containers were picked up by the dealer agent within the distributor’s geographic service area and that they bear an Iowa refund value and are of the kinds, sizes and brand names sold by the distributor.    107.(6) 107.9(4) Notification of frequency.  A distributor shall notify eachparticipating dealer served by the distributor of the intended frequency of pickup. A distributor shall notify each redemption center from which the distributor is required to pick up containers of the intended frequency of pickup.    107.(7) 107.9(5) Partial pickup.  A distributor which picks up containers more often than the required frequency shall not be required to pick up all available containers from aparticipating dealer or redemption center at each pickup provided that all available containers are picked up from the dealer or redemption center within the required frequency.

        ITEM 21.    Rescind and reserve rule 567—107.11(455C).

        ITEM 22.    Rescind and reserve rule 567—107.12(455C).

        ITEM 23.    Rescind rule 567—107.13(455C) and adopt the following new rule in lieu thereof:

    567—107.13(455C) Refusing payment of the refund value.  A distributor, participating dealer, or redemption center may refuse to pay the refund value and, if applicable, the handling fee in the following situations:    107.13(1) Nonparticipating dealers.  A dealer may refuse to accept any beverage container and pay the refund value on a container if the dealer is in compliance with one of the requirements of Iowa Code section 455C.4 that allows the dealer not to participate in the bottle redemption program established in Iowa Code chapter 455C, and the dealer has complied with those provisions requiring proper notification to consumers of the approved redemption centers where the containers may be redeemed.    107.13(2) Refusal of certain brands (e.g., store brands).      a.    For any beverage container subject to the Iowa beverage container control law, all distributors and manufacturers must charge a 5-cent deposit for each container delivered by that distributor or manufacturer to a dealer and must pick up, or facilitate the pickup of, the container from a participating dealer or an approved redemption center. This includes, at a minimum, reimbursing the participating dealer or approved redemption center for the refund value and the applicable handling fee. The requirements of this paragraph apply regardless of the relationship between the distributor or manufacturer and the dealer.    b.    Any approved redemption center may refuse to accept containers for redemption if there is no distributor or manufacturer providing reimbursement and paying the requisite fee for the given container. In such cases, the redemption center shall notify the department and must post a notice of the brands it will not accept.    107.13(3) Redeemed containers must be reasonably clean and intact.  Consumers shall return containers in a reasonably clean and intact condition. For a refillable beverage container, the container must hold liquid, be able to be resealed and be in its original shape. A nonrefillable glass container may be chipped, but it may not have the bottom broken out or the neck broken off. A nonrefillable metal container may be dented or partially crushed but may not be crushed flat. In order to be redeemed, an empty beverage container shall be dry and free of foreign materials other than the dried residue of the beverage. Redemption centers and participating dealers may refuse to redeem containers that are not reasonably clean and intact, as well as containers that do not have an Iowa 5-cent redemption label and containers that have had the Iowa 5-cent label removed or if the label is illegible for any reason.

        ITEM 24.    Amend rule 567—107.14(455C) as follows:

    567—107.14(455C) Payment of refund valueby distributors.      107.14(1) Payment toparticipating dealers.  A distributor shall issue to aparticipating dealer payment of the refund value and handling fee within one week following pickup or when the dealer pays the distributor for the beverages, if payment is less frequent than weeklypursuant to an agreement between the distributor and participating dealer.    107.14(2) Payment to approved redemption centers and redemption centers certified as a redemption center for a dealer.  A distributor shall issue to an approved redemption center and to a redemption center for a dealer payment of the refund value and handling fee within one week following pickup unless otherwise agreed to by both the distributor and the redemption center.    107.14(3) Payment to registered redemption centers.  A distributor shall issue to a registered redemption center payment of the refund value and handling fee within one week following pickup or when the dealer which is served by the distributor and which is closest to the registered redemption center pays the distributor for the beverages supplied by the distributor, if payment is less frequent than weekly. Payment to a registered redemption center shall be issued by a distributor at least every 14 calendar days unless otherwise agreed to by both the distributor and the registered redemption center.    107.(4) 107.14(3) Payment to redemption centers and dealer agents delivering containers to distributors.  A distributor shall issue to a redemption center or dealer agent payment of the refund value and handling fee within one week of delivery and acceptance of empty beverage containers, unless otherwise agreed to by both the redemption center and the distributor or by both the dealer agent and the distributor, as the case may be.        [Filed Emergency After Notice 12/16/22, effective 12/16/22][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.    ARC 6782CAging, Department on[17]Adopted and Filed

    Rule making related to physician assistants

        The Department on Aging hereby amends Chapter 7, “Area Agency on Aging Service Delivery,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 17A.3 and 231.14.State or Federal Law Implemented    This rule making implements, in whole or in part, 2022 Iowa Acts, House File 803.Purpose and Summary    2022 Iowa Acts, House File 803, made changes to allow physician assistants to perform duties that are within their scope of practice but that statute or rule only allowed physicians or other specified medical professionals to perform. Division II of the legislation directed the Department to amend subrule 7.18(3) to reference both physicians and physician assistants. This rule making brings the Department’s rules into compliance with the changes to the Iowa Code.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 5, 2022, as ARC 6591C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Department on December 8, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 17—Chapter 11.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 15, 2023.    The following rule-making action is adopted:

        ITEM 1.    Amend subrule 7.18(3) as follows:    7.18(3)   A written physician’sor physician assistant’s order for each older individual requesting a therapeutic diet shall be obtained prior to the older individual’s receipt of the meal and kept on file where the meal is prepared and served. The order shall be interpreted by a licensed dietitian and the individual’s physicianor physician assistant.    [Filed 12/12/22, effective 2/15/23][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.    ARC 6783CAgriculture and Land Stewardship Department[21]Adopted and Filed

    Rule making related to pesticide registration fees

        The Agriculture and Land Stewardship Department hereby amends Chapter 45, “Pesticides,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 206.12.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 206.12 as amended by 2022 Iowa Acts, House File 2581.Purpose and Summary    This rule making implements 2022 Iowa Acts, House File 2581, by repealing pesticide registration fee language that is no longer relevant.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 7, 2022, as ARC 6500C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Department on December 7, 2022.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa beyond that of the legislation it is intended to implement.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 15, 2023.    The following rule-making action is adopted:

        ITEM 1.    Amend rule 21—45.3(206) as follows:

    21—45.3(206) Registration required.  No person shall distribute, give, sell or offer to sell any pesticide which has not been registered with the department of agriculture and land stewardship.    45.3(1) Registration fees.  All pesticides distributed for sale in the state of Iowa shall be registered pursuant to Iowa Code section 206.12. The registration period shall be January 1 through December 31 of each year. The annual registration fee for each brand and grade of pesticide shall be a minimum of $250 and a maximum of $3000. Intermediate fees shall be determined by multiplying the gross dollar amount of annual sales in Iowa for each pesticide product by one-fifth of 1 percent or 0.002.A registration fee shall be paid for each brand and grade of pesticide.Each registrant shall submit an application for registration on forms approved by the secretary of agriculture. The registration fee for each product shall be submitted with the application for registration. Application for new or initial registrations of pesticide products shall be accompanied by the minimum registration fee of $250.    45.3(2) Renewal fees.  Pesticide product registration renewal fees shall be based on the previous year’s gross annual sales with the dollar value derived from the first level of distribution for each pesticide product sold in the state of Iowa. Each registrant shall be responsible for determining total annual Iowa sales data for each pesticide product sold in Iowa whether the pesticide product is distributed for retail sale in Iowa by a manufacturer or from a distributor or wholesaler in the state or from outside the state. Registration renewal fees for pesticide products registered for sale and use in Iowa shall be based on one-fifth of 1 percent of the dollar amount of the total sales for each pesticide product sold. Registration renewal fees shall be a minimum of $250 and a maximum of $3000 per pesticide product for each registration period.The annual sales data for each pesticide product registered in Iowa shall be maintained on file for a minimum of three years with the registrant and shall be made available for audit upon request by the department.    45.3(3) Exemption from minimum fee.  A manufacturer or registrant of a pesticide product may file a request for an exemption to the minimum product registration fee of $250 and the secretary may grant an exemption to the minimum registration fee for a period not to exceed one year provided that at least one of the following conditions is met:    a.    The application is for pesticide product renewal registration; and the total annual sales in Iowa are less than $20,000; and no similar pesticides are registered in the state. A similar pesticide shall be of similar composition and labeled for a similar use pattern provided that the applicant submits a signed affidavit reflecting gross annual sales in Iowa of the pesticide produced for the previous year.    b.    The pesticide product is formulated or comprised of naturally occurring substances including, but not limited to, plant or animal derivatives or microorganisms, and which has an oral LD50 toxicity of 5000 milligrams per kilogram or greater.    c.    Pesticides registered under the authority of Section 18 of the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA) for emergency, crisis or public health quarantine situations, when the secretary of agriculture initiates the application.    d.    Pesticides registered under the authority of Section 24(c) of FIFRA when the secretary of agriculture initiates the application.    45.3(4) Penalty for nonregistered pesticides.      a.    Any pesticide distributed in Iowa which is not registered in the state shall be subject to Stop Sale, Use or Removal Order. A penalty shall be assessed the registrant equal to 25 percent of the registration fee due to the department. Upon receipt of the required registration fee due and the required penalty, the pesticide product may be released for sale in Iowa for the effective registration period.    b.    A manufacturer or registrant shall not be subject to penalties for nonregistered discontinued pesticide products if adequate proof can be provided to the department indicating that all distributors and retailers handling a discontinued pesticide product were properly notified.    45.3(5) Discontinued pesticides.  Discontinued pesticide product registrations shall be renewed for a minimum of two years after the product is discontinued; and the pesticide product registration renewal application shall identify discontinued products. Any registrant that discontinues registration of a pesticide product shall accept the return of any product in its original unbroken container that remains in the channels of trade after the registration expires. This subrule shall not apply to registered custom blended pesticide products.    45.3(6) Registration renewal grace period.  The registration period shall be January 1 through December 31 of each year. However, a registrant shall be granted a grace period of three months ending on the last day of March of each year for registration renewal. A registrant shall be assessed a late fee equaling 25 percent of the registration fees due by the registrant for a registration renewal received on or after the first day of April of each year. Application for registration renewal shall be made on forms prescribed by the secretary and certified by the registrant.       This rule is intended to implement Iowa Code section 206.12.        [Filed 12/14/22, effective 2/15/23][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.    ARC 6785CAgriculture and Land Stewardship Department[21]Adopted and Filed

    Rule making related to research facilities

        The Agriculture and Land Stewardship Department hereby amends Chapter 67, “Animal Welfare,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 162.16.State or Federal Law Implemented    This rule making implements, in whole or in part, 2022 Iowa Acts, Senate File 2260.Purpose and Summary    This rule making implements 2022 Iowa Acts, Senate File 2260, by establishing definitions; requiring that qualified research facilities provide the Department with any agreements they have entered into with an animal shelter or animal rescue organization to ensure compliance with statute; and requiring qualified research facilities to keep records on sales, exchanges, transfers, trades or adoptions for a period of 12 months.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 7, 2022, as ARC 6517C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Department on December 7, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 15, 2023.    The following rule-making action is adopted:

        ITEM 1.    Adopt the following new rule 21—67.18(162):

    21—67.18(162) Research facilities.      67.18(1) Definitions.  For purposes of this rule, the following definitions are used:        "Animal rescue organization" means a person other than an animal shelter operating on a nonprofit basis to place unwanted, abandoned, abused, or stray dogs or cats in permanent adopted homes.        "Qualified research facility" means the following:
    1. A research facility, including but not limited to a regents institution, that conducts experiments on dogs or cats for research, education, testing, or another scientific purpose, and that receives moneys from the state or federal government.
    2. A research facility that conducts experiments on dogs or cats for research, education, testing, or another scientific purpose, in collaboration with a research facility described in paragraph “1.”
            "Retired animal" means a dog or cat confined at a qualified research facility if the dog or cat has been previously used for research, education, testing, or another scientific purpose, and the dog or cat is no longer required to be confined by the qualified research facility for any of those purposes.        67.18(2) Adoption program required.      a.    A qualified research facility shall enter into a written agreement with an animal shelter or animal rescue organization to facilitate the placement of retired animals. The qualified research facility shall include signed copies of each agreement annually upon renewal of authorization.    b.    A retired animal must have no substantial medical condition, and pose no safety risk to the public, that would prevent the dog’s or cat’s successful integration into a permanent adoptive home.    c.    A qualified research facility may offer to transfer ownership and custody of the retired animal to a person for private placement in the person’s permanent adoptive home according to an arrangement agreed to by the qualified research facility and the person. The qualified research facility shall keep a record of the transfer, including contact information of the individual taking possession of the retired animal, and shall retain the record for a period of at least 12 months.    67.18(3) Records required.  Records must be made available to the department upon request. A qualified research facility must maintain records and statement of the sale, exchange, transfer, trade or adoption as provided for in rule 21—67.6(162). Records shall be made and retained for a period of 12 months.        [Filed 12/14/22, effective 2/15/23][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.    ARC 6786CAgriculture and Land Stewardship Department[21]Adopted and Filed

    Rule making related to inspection of meat and exotic animals

        The Agriculture and Land Stewardship Department hereby amends Chapter 76, “Meat and Poultry Inspection,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 189A.13.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 189A.Purpose and Summary    This rule making implements two changes to federal regulations so that the Department’s Meat and Poultry Bureau can maintain its “at least equal to” status with federal requirements.    Specifically, this rule making updates two regulations by reference and implements the following changes:    1. Defines “yak” and includes yaks among exotic animals that are eligible for voluntary inspection, and revises the definitions of “antelope,” “bison,” “buffalo,” “catalo,” “deer,” “elk,” “reindeer,” and “water buffalo” to make them more scientifically accurate.    2. Eliminates the requirement to defibrinate livestock blood that is used as an edible product.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 7, 2022, as ARC 6499C. No public comments were received. A change from the Notice has been made to remove outdated references in rule 21—76.2(189A).Adoption of Rule Making    This rule making was adopted by the Department on December 7, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 15, 2023.    The following rule-making actions are adopted:

        ITEM 1.    Amend rule 21—76.2(189A) as follows:

    21—76.2(189A) Federal Wholesome Meat Act regulations adopted.  Part 303, Part 304, Part 305, Part 306, Parts 308309 through 315, Parts 317 through 320, Part 329, Part 332, Part 412, Part 416, Part 417, Part 418, Part 424, Part 430, Part 431, Part 441 and Part 442 of Title 9, Chapter III, of the Code of Federal Regulations, revised as of December 31, 20202021, are hereby adopted in their entirety by reference. Part 307 except Sections 307.5 and 307.6 and Part 325 except SectionsSection 325.3 and 325.12 of Title 9, Chapter III, of the Code of Federal Regulations, revised as of July 30, 2018, are hereby adopted in their entirety by reference. Part 500 of Title 9, Chapter III, of the Code of Federal Regulations, revised as of January 1, 2016, is adopted by reference, except that references in Sections 500.5, 500.6, 500.7, and 500.8 to the federal Uniform Rules of Practice are not adopted.       This rule is intended to implement Iowa Code sections 189A.3 and 189A.7(8).

        ITEM 2.    Amend rule 21—76.13(189A) as follows:

    21—76.13(189A) Voluntary inspections of exotic animals.  Every person wishing to obtain voluntary inspection of exotic animals shall comply with the regulations adopted in this rule.Part 352 of Title 9, Chapter III, of the Code of Federal Regulations, revised as of January 1, 2016December 31, 2021, is hereby adopted in its entirety by reference.       This rule is intended to implement Iowa Code chapter 189A.        [Filed 12/14/22, effective 2/15/23][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.    ARC 6784CAgriculture and Land Stewardship Department[21]Adopted and Filed

    Rule making related to gasoline and blended fuels

        The Agriculture and Land Stewardship Department hereby amends Chapter 85, “Weights and Measures,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 214A.2 and 214A.16 as amended by 2022 Iowa Acts, House File 2581.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 214A.2 and 214A.16 as amended by 2022 Iowa Acts, House File 2581.Purpose and Summary    This rule making implements changes made in 2022 Iowa Acts, House File 2581, during the 2022 Legislative Session. The amendments incorporate the following:

  • Remove the requirement that fuel retailers place state-approved stickers on their pumps for ethanol and biodiesel fuels.
  • Increase the minimum octane level for premium grade gasoline from 90 to 91 to match industry standards.
  • Update the ethanol percentage by volume required for ethanol blended gasoline to qualify as E-85 to match industry standards.
    • Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 5, 2022, as ARC 6581C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Department on December 7, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 15, 2023.    The following rule-making actions are adopted:

        ITEM 1.    Rescind and reserve subrule 85.48(10).

        ITEM 2.    Rescind and reserve subrule 85.48(12).

        ITEM 3.    Amend subrule 85.48(14) as follows:    85.48(14)   Octane rating of fuel offered for sale shall be posted on the pump in a conspicuous place. The octane rating shall be posted for registered fuels. No octane rating shall be posted on the pump for ethanol blended gasoline classified as higher than E-15. The minimum octane rating for gasoline offered for sale by a retail dealer is 87 for regular grade gasoline and 9091 for premium grade gasoline.

        ITEM 4.    Amend subrule 85.48(16) as follows:    85.48(16)   Ethanol blended gasoline shall be designated E-xx where “xx” is the volume percentpercentage of ethanol in the ethanol gasoline. Ethanol blended gasoline formulated with a percentage of ethanol between 70 and 8568 and 83 percent by volume shall be designated as E-85. Biodiesel fuel shall be designated as B-xx where “xx” is more than 20 percent renewable fuel by volume.    [Filed 12/14/22, effective 2/15/23][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.ARC 6795CBanking Division[187]Adopted and Filed

    Rule making related to scope and application

        The Iowa Division of Banking hereby amends Chapter 1, “Description of Organization,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 524.213.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 524.Purpose and Summary    The Division completed its comprehensive review of all administrative rules pursuant to Iowa Code section 17A.7(2) in 2022 and identified rules 187—1.2(17A,524) and 187—1.3(17A,524) as in need of revision. Rule 187—1.2(17A,524) as previously written was confusing, and the amendment to that rule, along with the amendment to rule 187—1.3(17A,524) and the addition of a chapter implementation sentence, clarifies the scope and application of Chapter 1.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 19, 2022, as ARC 6602C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Superintendent of Banking on December 15, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Division for a waiver of the discretionary provisions, if any, pursuant to 187—Chapter 12.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 15, 2023.    The following rule-making actions are adopted:

        ITEM 1.    Amend rule 187—1.2(17A,524) as follows:

    187—1.2(17A,524) Scope and application.  This chapter describes the office of the superintendent andidentifies the established place at which, the employees from whom, and the methods whereby the public may obtain informationfrom, make submittals on requestsof, or obtain decisionsfrom the superintendent on matters within the authority of the superintendent.

        ITEM 2.    Amend rule 187—1.3(17A,524) as follows:

    187—1.3(17A,524) Division of banking.      1.3(1) Organization—division.  The division of banking is a subdivision of the department of commerce and consists of the superintendent and those employees who discharge the duties and responsibilities imposed upon the superintendent by the laws of this state. The superintendent has general control, supervision and regulatory authority over all entities which the division is given authority to regulate pursuant to the Code of Iowa. The division consists of three separate bureaus: the bank bureau, the finance bureau, and the professional licensing and regulation bureau. The bank bureau has primary responsibility relating to the supervision, regulation, and chartering of state banks. The finance bureau has primary responsibilities relating to the supervision, regulation, and licensing of appraisal management companies, closing agents, debt management businesses, delayed deposit services businesses, industrial loan companies, money services businesses, mortgage bankers, mortgage brokers, mortgage loan originators, real estate appraisers, and regulated loan companies. The professional licensing and regulation bureau has primary responsibilities relating to the regulation and licensing of specified professions by providing administrative support to and coordinating the activities of the following licensing boards: the Iowa accountancy examining board, the architectural examining board, the engineering and land surveying examining board, the interior design examining board, the landscape architectural examining board, and the real estate commission.     1.(1) 1.3(2) Organization—superintendent.  The superintendent is the administrator of the division. The superintendent is appointed by the governor, by and with the approval of the senate, for a term of four years. The superintendent’s office is located at 200 East Grand Avenue, Suite 300, Des Moines, Iowa 50309-1827. The superintendent is assisted by the following officials who are responsible to the superintendent:    a.    Bank bureau chief.The bank bureau chief performs such duties as the superintendent prescribes, including general supervision of all bank examining personnel, administration and supervision of regulatory examinations, and administration and supervision of all matters relating to the exercise of banking powers authorized by the laws of this state.     b.    Bank analysts.Bank analysts perform such duties as the superintendent prescribes, including advanced technical analysis and review of examination and financial reports of banks and bank holding companies; assessing, measuring, and monitoring the risk conditions in state banks and bank holding companies; assisting the superintendent and banking council in the analysis of applications submitted to the division for approval; and the review and analysis of bank examination reports.    c.    Finance bureau chief.The finance bureau chief performs duties prescribed by the superintendent, including general supervision over all matters relating to the licensing and supervision of appraisal management companies, closing agents, debt management businesses, delayed deposit services businesses, industrial loan companies, money services businesses, mortgage bankers, mortgage brokers, mortgage loan originators, real estate appraisers, and regulated loan companies.    d.    Chief operating officer.The chief operating officer performs duties prescribed by the superintendent, including management of the administrative functions, information technology needs, and fiscal affairs of the division of banking. The chief operating officer is also responsible for administration of personnel policies, work rules, payrolls, and employee benefits for all employees of the division.    e.    Examiners.Each examiner performs duties prescribed by the superintendent in a manner consistent with the laws of this state and may be predominantly trained in an area within the jurisdiction of the superintendent. Bank examinations are performed by examining personnel situated in examination regions throughout the state. Each region is headed by a regional manager who is assisted by a staff of examiners.     f.    Professional licensing and regulation bureau chief.The professional licensing and regulation bureau chief performs such duties as the superintendent prescribes, including budgetary and personnel matters related to the licensing and regulation of several professions, by providing administrative support to and coordinating the activities of the following licensing boards: the Iowa accountancy examining board created pursuant to Iowa Code chapter 542, the engineering and land surveying board created pursuant to Iowa Code chapter 542B, the real estate commission created pursuant to Iowa Code chapter 543B, the architectural examining board created pursuant to Iowa Code chapter 544A, the landscape architectural examining board created pursuant to Iowa Code chapter 544B, and the interior design examining board created pursuant to Iowa Code chapter 544C.    1.3(2) Field organization.  Rescinded IAB 10/9/96, effective 11/13/96.       This rule is intended to implement Iowa Code sections 17A.3 and 524.208.

        ITEM 3.    Adopt the following new implementation sentence in 187—Chapter 1:       These rules are intended to implement Iowa Code sections 17A.3 and 524.208.    [Filed 12/15/22, effective 2/15/23][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.    ARC 6796CBanking Division[187]Adopted and Filed

    Rule making related to state banks

        The Iowa Division of Banking hereby amends Chapter 2, “Application Procedures,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 524.213.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 524.213, 524.312, 524.314, 524.1405, 524.1410, 524.1413, 524.1415, 524.1505, 524.1508 and 524.1509 and section 524.802A as enacted by 2022 Iowa Acts, Senate File 586, section 73.Purpose and Summary    This rule making addresses several issues identified during the Division’s most recent comprehensive review of administrative rules, completed in 2022 pursuant to Iowa Code section 17A.7(2), and makes several conforming changes based on amendments to Iowa Code chapter 524 that were enacted by 2022 Iowa Acts, Senate File 586.    This rule making amends rule 187—2.2(17A,524), regarding the application for conversion from a national bank to a state bank, and rule 187—2.3(17A,524), regarding mergers, to make the use of the term “state bank” consistent throughout both rules. An amendment to rule 187—2.5(17A,524) updates the name of an application to reflect the statutory language of a “change of location of the principal place of business” of a state bank and implements the new requirement, enacted by Senate File 586, section 36, for the Superintendent of Banking to approve or disapprove an application within 90 days.    The amendment to rule 187—2.7(17A,524) adds language regarding the manner in which the Superintendent must make a decision on applications to renew, amend, or restate the articles of incorporation of a state bank that mirrors similar language in the other application rules found in Chapter 2.     The Division also adopts a new rule establishing an application process for state banks that wish to engage in new or innovative electronic activities pursuant to new Iowa Code section 524.802A. This new Iowa Code section expressly authorizes the Superintendent to adopt administrative rules to implement the new provisions, and the rule establishes a process for review by the bank’s board of directors, criteria for a formal application, a process for the Superintendent to approve or disapprove of applications, and other relevant factors for applicants to consider.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 19, 2022, as ARC 6603C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Superintendent of Banking on December 15, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Division for a waiver of the discretionary provisions, if any, pursuant to 187—Chapter 12.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 15, 2023.    The following rule-making actions are adopted:

        ITEM 1.    Amend rule 187—2.2(17A,524) as follows:

    187—2.2(17A,524) Conversion of national bank into state bank.      2.2(1) Application.  A national bank desiring to become a state-charteredstate bank should first meet with the superintendent to discuss the proposal. An application and supplementary forms may be obtained for submission to the superintendent.    2.2(2) Examination and investigation.  The superintendent may conduct an examination or investigation of the national bank as deemed necessary.    2.2(3) Decision.  The superintendent shall approve or deny the application within 90 days after the application has been accepted for processing. The decision by the superintendent shall be conveyed in writing to the applicant.    2.2(4) Corporate documents.  If approval is granted, articles of conversion with a plan of conversion attached shall be delivered to the secretary of state for filing and recording.    2.2(5) Commencement of business as state-charteredstate bank.  The conversion shall be effective as of the date of filing of articles of conversion in the office of the secretary of state unless a later date is specified in the articles of conversion. The superintendent’s Authorization To Do Business as a state-charteredstate bank will be issued to be effective on the date of conversion.    2.2(6) Resulting state-charteredstate bank.  The resulting state bank shall submit the oath of directors, list of shareholders, and certificate of elections and appointments to the superintendent on forms to be provided by the superintendent. The oath of directors is to be signed prior to the first meeting of the board of directors following the effective date of the conversion. The list of shareholders is to be completed as of the effective date of conversion.       This rule is intended to implement Iowa Code sections 524.1410 and 524.1413 to 524.1415.

        ITEM 2.    Amend rule 187—2.3(17A,524) as follows:

    187—2.3(17A,524) Merger or purchase and assumption.      2.3(1) Definition.  For purposes of this rule, the term “merger” means a merger in which the resulting bank is a state-charteredstate bank.    2.3(2) Application.  State banks or national and state banks desiring to merge or a state bank desiring to purchase the assets and assume the liabilities of another bank should first meet with the superintendent to discuss the proposal. An application and supplementary forms may be obtained for submission to the superintendent.    2.3(3) State-charteredState bank as seller.  In the case of a purchase and assumption, if the bank being acquired is a state bank, appropriate forms and instructions for the voluntary liquidation of the bank may be obtained from the superintendent.    2.3(4) Examination and investigation.  The superintendent may conduct an examination or investigation as deemed necessary.    2.3(5) Decision.  The superintendent shall approve or deny the application within 90 days after the purchase and assumption application has been accepted for processing and within 180 days after the merger application has been accepted for processing. The decision by the superintendent shall be conveyed in writing to the applicant. If the application is approved, the superintendent shall issue the appropriate authorizations.    2.3(6) Cash out merger.  Rescinded IAB 10/10/18, effective 11/14/18.       This rule is intended to implement Iowa Code sections 524.1401 to 524.1405.

        ITEM 3.    Amend rule 187—2.5(17A,524) as follows:

    187—2.5(17A,524) Change of location of principal place of business or bank office.      2.5(1) Application.  A state bank desiring to relocate its principal place of business or a bank office shall submit to the superintendent an “Application to Move Main Office or Bank Office,”Relocate the Principal Place of Business” or “Application to Relocate a Bank Office,” which isare availableon the division’s website or upon request.    2.5(2) Investigation.  The superintendent may conduct an investigation as deemed necessary.    2.5(3) Decision.  The superintendent shall approve or deny the application within 18090 days after the application has been accepted for processing. The decision by the superintendent shall be conveyed in writing to the applicant. If the application is approved, the superintendent shall issue the appropriate authorizations for the conduct of business at the new location.       This rule is intended to implement Iowa Code section 524.312.

        ITEM 4.    Amend subrule 2.7(4) as follows:    2.7(4) Decision.  Rescinded IAB 10/10/18, effective 11/14/18.The superintendent shall approve or deny the application within 90 days after the application has been accepted for processing. The decision by the superintendent shall be conveyed in writing to the applicant. If the application is approved, the renewed, amended, or restated articles of incorporation will be approved and forwarded to the secretary of state for filing and recording. Upon filing such articles, the secretary of state will return the original to the state bank and will also issue a certificate to the state bank indicating the date the filing was effective. Thereafter, the state bank will operate in accordance with its renewed, amended, or restated articles of incorporation.

        ITEM 5.    Adopt the following new rule 187—2.18(17A,524):

    187—2.18(17A,524) New or innovative electronic activities.      2.18(1) Scope.  Iowa Code section 524.802A as enacted by 2022 Iowa Acts, Senate File 586, authorizes a state bank to engage in new or innovative electronic activities that are part of the business of banking. When considering a proposal to engage in new or innovative electronic activities, the superintendent will consider whether the activity is expressly authorized for state banks under Iowa Code chapter 524, whether the activity is the functional equivalent or a logical extension of any activity authorized for state banks, whether the state bank has the expertise necessary to understand and manage the activity and the associated risks, and whether the activity presents similar risks to those state banks already assume.    2.18(2) Board responsibilities.  The board of directors of a state bank considering engaging in a new or innovative electronic activity shall first evaluate the risks associated with the proposed new or innovative electronic activity and ensure that the state bank conducts the proposed new or innovative electronic activities in compliance with Iowa Code section 524.802A(3) as enacted by 2022 Iowa Acts, Senate File 586.    2.18(3) Application.  A state bank desiring to engage in new or innovative electronic activities should first meet with the superintendent to discuss the proposed electronic activities. After meeting with the superintendent, a state bank proposing to engage in new or innovative electronic activities shall submit a formal proposal to the superintendent that shall, at a minimum, contain the following information:    a.    A description of the proposed new or innovative electronic activities, including how the proposed electronic activities align with the strategy and business objectives of the state bank.    b.    A description of any state or federal laws and regulations expected to apply to the proposed electronic activities. Examples: compliance (terms, conditions, disclosures), Bank Secrecy Act, federal securities laws.    c.    A description of the state bank’s corporate governance process that will oversee the proposed electronic activities, including ongoing monitoring to identify and handle any problems or incidents that may arise.    d.    A description of the resources and management information systems necessary to oversee the electronic activities.    e.    Due diligence materials, including risk assessments (e.g., operational risk, liquidity risk, strategic risk, compliance risk) and information on third-party relationships.    f.    A description of any other licenses or approvals required from any regulatory authority to engage in the proposed new or innovative electronic activities.    g.    A description of the capital position of the state bank in relation to the risks associated with the proposed new or innovative electronic activities.    h.    A description of the state bank’s exit strategy for the proposed new or innovative electronic activity if the activity proves unsuccessful.    2.18(4) Investigation.  The superintendent may investigate as deemed necessary.    2.18(5) Decision.  The superintendent shall approve or deny the application, and the decision by the superintendent shall be conveyed in writing to the applicant.    2.18(6) Other relevant factors.  The following provisions apply to a state bank seeking approval to engage in new or innovative electronic activities pursuant to Iowa Code section 524.802A as enacted by 2022 Iowa Acts, Senate File 586:    a.    The state bank shall contact its primary federal regulator to determine any federal legal requirements that may apply to the proposed activity and the permissibility of the activity under applicable federal law.    b.    Upon approval to engage in a new or electronic activity, a state bank that shares any electronic space, including a co-branded website, with a bank subsidiary, affiliate, or any other third party, must take reasonable steps to clearly, conspicuously, and understandably distinguish between the products and services offered by the state bank and those offered by the state bank’s subsidiary, affiliate, or any other third party.       This rule is intended to implement Iowa Code section 524.802A as enacted by 2022 Iowa Acts, Senate File 586.        [Filed 12/15/22, effective 2/15/23][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.    ARC 6797CBanking Division[187]Adopted and Filed

    Rule making related to the general definition of “bank”

        The Iowa Division of Banking hereby amends Chapter 8, “General Banking Powers,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 524.213.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 524.103 as amended by 2022 Iowa Acts, Senate File 586.Purpose and Summary    This rule making updates the definition of the term “bank” in rule 187—8.9(524) to reflect the updated definition of the term “bank” in Iowa Code section 524.103 as amended by 2022 Iowa Acts, Senate File 586, section 6.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 19, 2022, as ARC 6604C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Superintendent of Banking on December 15, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Division for a waiver of the discretionary provisions, if any, pursuant to 187—Chapter 12.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 15, 2023.    The following rule-making action is adopted:

        ITEM 1.    Amend rule 187—8.9(524) as follows:

    187—8.9(524) General definition of bank.  It is the superintendent’s intent that the term “bank” used in Iowa Code section 524.103(8)524.103 means a corporation organized under Iowa Code chapter 524,or a corporation organized under 12 U.S.C. §21, a corporation organized under 12 U.S.C. §1464, or an out-of-state bank as defined in Iowa Code section 524.103. The general definition of “bank” as set forth in Iowa Code section 524.103(8)524.103 does not include a federal savings association, state credit union, or federal credit union.       This rule is intended to implement Iowa Code section 524.103(8)524.103.        [Filed 12/15/22, effective 2/15/23][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.    ARC 6798CBanking Division[187]Adopted and Filed

    Rule making related to legal lending limits

        The Iowa Division of Banking hereby amends Chapter 9, “Investment and Lending Powers,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 524.213.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 524.904 as amended by 2022 Iowa Acts, Senate File 586, sections 85 through 88.Purpose and Summary    This rule making updates language to reflect changes made to the statutory legal lending limit. The previous language referred to an extra borrowing privilege for loan or lease amounts secured by certain collateral, and this extra borrowing privilege was based on analogous privileges codified in Iowa Code section 524.904. These statutory provisions were amended by 2022 Iowa Acts, Senate File 586, to remove extra borrowing privileges for loan or lease amounts secured by the types of collateral identified in the current rule language. Therefore, the Division is amending paragraph 9.3(3)“a” to accurately reflect the current legal lending limits.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 19, 2022, as ARC 6605C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Superintendent of Banking on December 15, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Division for a waiver of the discretionary provisions, if any, pursuant to 187—Chapter 12.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 15, 2023.    The following rule-making action is adopted:

        ITEM 1.    Amend paragraph 9.3(3)"a" as follows:    a.    If the obligations acquired carry full recourse endorsements, guaranty, or an agreement to repurchase of the lessor or servicer negotiating the sale of the leases, then the endorser, guarantor, or repurchaser shall also be deemed to be a customer of the bank. This customer’s obligation would be limited to 3515 percent of aggregate capital of the state bank if the amounts exceeding 15 percent of aggregate capital consist of obligations as endorser of negotiable chattel paper negotiated by endorsement with recourse, or as unconditional guarantor of nonnegotiable chattel paper, or as transferor of chattel paper endorsed without recourse subject to a repurchase agreement.    [Filed 12/15/22, effective 2/15/23][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.    ARC 6794CEconomic Development Authority[261]Adopted and Filed

    Rule making related to STEM BEST and targeted small business certification programs

        The Economic Development Authority hereby amends Chapter 15, “STEM BEST Appropriation,” and Chapter 52, “Iowa Targeted Small Business Certification Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 15.106A and 2022 Iowa Acts, House Files 2564 and 803.State or Federal Law Implemented    This rule making implements, in whole or in part, 2022 Iowa Acts, House Files 2564 and 803.Purpose and Summary    The following corrective and clarifying amendments are being made to rules relating to appropriations to the Authority and programs administered by the Authority:    • Clarify references in Chapter 15 to appropriations for the STEM BEST Program in 2021 Iowa Acts, House File 871, and 2022 Iowa Acts, House File 2564.    • Add a reference to physician assistants to subrule 52.2(7) regarding targeted small business certification as required by 2022 Iowa Acts, House File 803.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 19, 2022, as ARC 6594C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Authority Board on December 16, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 15, 2023.    The following rule-making actions are adopted:

        ITEM 1.    Amend rule 261—15.1(89GA,HF871) as follows:

    261—15.1(89GA,HF871,HF2564) Purpose.  The authority is directed to adopt rules to establish criteria for the distribution of funds appropriated in 2021 Iowa Acts, House File 871, section 3, subsection 11, tothe authority for the STEM BEST program.

        ITEM 2.    Amend rule 261—15.2(89GA,HF871), parenthetical implementation statute, as follows:

    261—15.2(89GA,HF871,HF2564) Definitions.  

        ITEM 3.    Amend rule 261—15.3(89GA,HF871), parenthetical implementation statute, as follows:

    261—15.3(89GA,HF871,HF2564) Eligible uses of funds.  

        ITEM 4.    Amend 261—Chapter 15, implementation sentence, as follows:       These rules are intended to implement 2021 Iowa Acts, House File 871, section 3(11), and 2022 Iowa Acts, House File 2564, section 3(12).

        ITEM 5.    Amend paragraph 52.2(7)"a" as follows:    a.    Person with a disability.In order to be considered a person with a disability for the purpose of the TSB program, the person must qualify and receive certification as having a disability from a licensed medical physicianor physician assistant or must have been found eligible for vocational rehabilitation services by the department of education, division of vocational rehabilitation services, or by the department for the blind.    [Filed 12/19/22, effective 2/15/23][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.    ARC 6793CEconomic Development Authority[261]Adopted and Filed

    Rule making related to endow Iowa tax credits

        The Economic Development Authority hereby amends Chapter 47, “Endow Iowa Tax Credits,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 15E.305.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 15E.305 as amended by 2022 Iowa Acts, House File 2317, section 48.Purpose and Summary    The Authority administers the Endow Iowa tax credit pursuant to Iowa Code sections 15E.301 to 15E.303 and 15E.305. The program offers a tax credit of up to 25 percent of an endowment gift to a qualified community foundation.    These amendments represent a comprehensive update of Chapter 47. Changes include the following:    1. Implement a change from 2022 Iowa Acts, House File 2317, section 48, to the maximum amount of tax credit that an individual taxpayer may claim. The maximum was previously 5 percent of the aggregate amount of tax credits available each year. For tax years beginning on or after January 1, 2023, the maximum will be $100,000.    2. Eliminate a tax credit waitlist for applications received on or after July 1, 2023.    3. Add a requirement that a donor submit a tax credit application within 12 months of a qualifying donation.    4. Rescind rule 261—47.5(15E) regarding reporting requirements because it is inconsistent with the Iowa Code.    5. Make other corrective and clarifying changes.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 19, 2022, as ARC 6592C. No public comments were received.    One change from the Notice has been made in subrule 47.3(3) to clarify that the new deadline to submit an application within 12 months of a qualifying donation applies only to applications received after June 30, 2023.Adoption of Rule Making    This rule making was adopted by the Authority Board on December 16, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 15, 2023.    The following rule-making actions are adopted:

        ITEM 1.    Amend rule 261—47.2(15E) as follows:

    261—47.2(15E) Definitions.          "Act" means Iowa Code sections 15E.301 to 15E.306.        "Authority" means the economic development authority.        "Community affiliate organization" means a group of five or more community leaders or advocates organized for the purpose of increasing philanthropic activity in an identified community or geographic area in the state with the intention of establishing a community affiliate endowment fund.        "Endow Iowa qualified community foundation" means a community foundation organized or operating in this state that substantially complies with the national standards for U.S. community foundations established by the National Council on Foundations as determined by the authority in collaboration with the Iowa Council of Foundations.        "Endowment gift" means an irrevocable contribution to a permanent endowment held by an endow Iowa qualified community foundation.        "Permanent endowment fund" means a fund held in an endow Iowa qualifying community foundation to provide benefit to charitable causes in the state of Iowa. Endowed funds are intended to exist in perpetuity, and to implement an annual spend rate not to exceed 5 percent.        "Tax credit" means the amount a taxpayer may claim against the taxes imposed in Iowa Code chapter 422, divisionssubchapters II, III, and V, and in Iowa Code chapter 432, and against the moneys and credits tax imposed in Iowa Code section 533.24533.329.

        ITEM 2.    Amend rule 261—47.3(15E) as follows:

    261—47.3(15E) Authorization of tax credits to taxpayers.  The authority shall authorize tax credits to qualified taxpayers who provide an endowment gift to an endow Iowa qualified community foundation or a community affiliate organization affiliated with an endow Iowa qualified community foundation for a permanent endowment fund within the state of Iowa in accordance with the following provisions:    47.3(1)   Approved tax credits shall be allowed against taxes imposed in Iowa Code chapter 422, divisionssubchapters II, III, and V, and in Iowa Code chapter 432, and against the moneys and credits tax imposed in Iowa Code section 533.24533.329.    47.3(2)   Beginning January 1, 2010, approved taxTax credits will be equal to 25 percent of a taxpayer’s gift to a permanent endowment held in an endow Iowa qualified community foundation. The amount of the endowment gift for which the endow Iowa tax credit is claimed shall not be deductible in determining taxable income for state income tax purposes.    47.3(3)   The aggregate amount of tax credits available under this ruleannually is limited according to Iowa Code section 15E.305, subsection 2$6 million. The aggregate amount is determined by taking a base authorization amount specified in Iowa Code section 15E.305, subsection 2, paragraph “a,” and adding an additional amount to be determined annually by calculating a certain percentage of the state’s gambling revenues, as provided in Iowa Code section 99F.11, subsection 3, paragraph “d,” subparagraph (3), for the prior fiscal year. For calendar year 2011 and for all subsequent calendar years, the annual base authorization amount of available tax credits is $3.5 million. The additional amount varies each year according to the amount of gambling revenues collected in the prior year. For 2012, the aggregate amount of available tax credits is $4,642,945. TheFor tax credits issued on or before December 31, 2022, the maximum amount of tax credit thatmay be granted to an individual taxpayer may claim is limited to 5 percent of the aggregate amount available each year. For 2012, the maximum amount of tax credit available to a single taxpayer is $232,147.25tax credits issued on or after January 1, 2023, the maximum amount of tax credit that may be granted to an individual taxpayer is limited to $100,000. If the authority receives applications for tax credits in excess of the amount available, the applications shall be prioritized by the date the authority received the applications. IfApplications received on or before June 30, 2023, will be placed on a waitlist for a subsequent year’s allocation of tax credits if the number of applications exceeds the amount of annual tax credits available, the authority shall establish a wait list for the next year’s allocation of tax credits and applications. Applications placed on the waitlist shall first be funded in the order listed on the wait listwaitlist.Applications received on or after July 1, 2023, in excess of the amount of tax credits available will not be placed on the waitlist and will be denied by the authority. For endowment gifts made on or after June 30, 2023, a taxpayer shall submit an application to the authority for the tax credit no later than 12 months from the date of the donation which qualifies the taxpayer for the tax credit.    47.3(4)   Any tax credit in excess of the taxpayer’s tax liability for the tax year may be credited to the tax liability for the following five years or until depleted, whichever occurs first.To receive the tax credit, a donor shall file a claim with the department of revenue in accordance with any applicable administrative rules adopted by the department.    47.3(5)   A tax credit shall not be carried back to a tax year prior to the tax year in which the taxpayer claims the tax credit.    47.3(6)   A tax credit shall not be transferable to any other taxpayer.

        ITEM 3.    Rescind and reserve rule 261—47.5.

        ITEM 4.    Amend 261—Chapter 47, implementation sentence, as follows:       These rules are intended to implement Iowa Code sections 15E.301 to 15E.306 as amended by 2011 Iowa Acts, Senate File 30215E.301 to 15E.303 and 15E.305 as amended by 2022 Iowa Acts, House File 2317.    [Filed 12/19/22, effective 2/15/23][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.    ARC 6792CEconomic Development Authority[261]Adopted and Filed

    Rule making related to brownfield and grayfield redevelopment tax credits

        The Economic Development Authority hereby amends Chapter 65, “Brownfield and Grayfield Redevelopment,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 15.106A and 15.293B.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 15.291 to 15.295.Purpose and Summary    2022 Iowa Acts, House File 2317, amended Iowa Code section 15.293A relating to the Redevelopment Tax Credit Program for Brownfields and Grayfields. The legislation reduces the refundability of the tax credits by 5 percentage points each year for five years, beginning in tax years beginning on or after January 1, 2023. Additionally, tax credits under the program that are refundable shall not be transferable.    This rule making amends Chapter 65 to reflect the changes made to the Iowa Code section and remove information relating to the tax credit claims process that is addressed in rules promulgated by the Iowa Department of Revenue (IDR).Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 19, 2022, as ARC 6593C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Authority Board on December 16, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 15, 2023.    The following rule-making actions are adopted:

        ITEM 1.    Amend subrule 65.6(4) as follows:    65.6(4)   Application forms for the brownfield redevelopment program and the redevelopment tax credits program for brownfields and grayfields are available upon request from Economic Development Authority, 200 East Grand Avenue, Des Moines, Iowa 50309. Additional information is available on the authority’s Internet site at www.iowaeconomicdevelopment.comwebsite.

        ITEM 2.    Amend subrule 65.11(3) as follows:    65.11(3) Tax credit certificate.      a.    Issuance.The authority shall issue a redevelopment tax credit certificate upon completion of the project and submittal of proof of completion by the qualified investor. The tax credit certificate shall contain the qualified investor’s name, address,and tax identification number,; the amount of the credit,; the name of the qualifying investor,;whether the taxpayer has satisfied the requirements for the credit to be refundable; any other information required by the department of revenue,; and a place for the name and tax identification number of a transferee and the amount of the tax credit being transferred.    b.    Acceptance.Claims.The tax credit certificate, unless rescinded by the board, shall be accepted by the Iowa department of revenue as payment for taxes imposed pursuant to Iowa Code chapter 422, divisions II, III, and V, and to Iowa Code chapter 432, and for the moneys and credits tax imposed in Iowa Code section 533.329, subject to any conditions or restrictions placed by the board upon the face of the tax credit certificate and subject to the limitations of this rule, for a portion of a taxpayer’s equity investment in a qualifying redevelopment project.To claim a tax credit under this rule, a qualified investor shall file a claim with the department of revenue pursuant to the department’s applicable rules. The qualified investor must include one or more tax credit certificates with the qualified investor’s tax return. A tax credit certificate shall not be used or included with a return filed for a taxable year beginning prior to the tax year listed on the certificate. The tax credit certificate or certificates included with the qualified investor’s tax return shall be issued in the qualified investor’s name, expire on or after the last day of the taxable year for which the qualified investor is claiming the tax credit, and show a tax credit amount equal to or greater than the tax credit claimed on the qualified investor’s tax return.    c.    Transfer.Tax credit certificates issued under this rule may be transferred to any person or entitypursuant to the department of revenue’s applicable rules, except a tax credit certificate that is refundable pursuant to Iowa Code section 15.293A(1)“c”(2) as amended by 2022 Iowa Acts, House File 2317, shall not be transferable. Within 90 days of transfer, the transferee shall submit the transferred tax credit certificate to the Iowa department of revenue, including a statement with the transferee’s name, tax identification number, address, the denomination that each replacement tax credit certificate is to carry, and any other information required by the Iowa department of revenue.    d.    Replacement certificate.Within 30 days of receiving the transferred tax credit certificate and the transferee’s statement, the Iowa department of revenue shall issue one or more replacement tax credit certificates to the transferee. Each replacement tax credit certificate must contain the information required for the original tax credit certificate and must have the same expiration date that appeared in the transferred tax credit certificate.     e.    Claiming a transferred tax credit.A tax credit shall not be claimed by a transferee until a replacement tax credit certificate identifying the transferee as the proper holder has been issued. The transferee may use the amount of the tax credit transferred against the taxes imposed in Iowa Code chapter 422, divisions II, III, and V, and in Iowa Code chapter 432, and against the moneys and credits tax imposed in Iowa Code section 533.329, for any tax year the original transferor could have claimed the tax credit. Any consideration paid or received for the transfer of the tax credit shall not be included or deducted as income under Iowa Code chapter 422, divisions II, III, and V, under Iowa Code chapter 432, or against the moneys and credits tax imposed in Iowa Code section 533.329.

        ITEM 3.    Amend subrule 65.11(4) as follows:    65.11(4) Amount of tax credit.Tax credit amount and limitations.      a.    Pro rata share.The qualified investor may claim the amount based upon the pro rata share of the qualified investor’s earnings from the partnership, limited liability company, S corporation, estate, or trust. Except as provided in paragraph 65.11(4)“b,” any tax credit in excess of the qualified investor’s liability for the tax year is not refundable but 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 qualified investor receives the tax credit.    b.    a.    Refundability.A tax credit in excess of the taxpayer’s liability for the tax year is refundable if all of the following conditions are met:only to the extent indicated in Iowa Code section 15.293A(1)“c”(2) as amended by 2022 Iowa Acts, House File 2317.    (1)   The taxpayer is an investor making application for tax credits provided in this rule and is an entity organized under Chapter 504 and qualifying under Section 501(c)(3) of the Internal Revenue Code as an organization exempt from federal income tax under Section 501(a) of the Internal Revenue Code.    (2)   The taxpayer establishes during the application process described in this chapter that the requirement in subparagraph 65.11(4)“b”(1) is satisfied. The authority, when issuing a certificate to a taxpayer that meets the requirements in paragraph 65.11(4)“b,” will indicate on the certificate that such requirements have been satisfied. A certificate indicating that it is refundable pursuant to paragraph 65.11(4)“b” shall not also be transferred to another taxpayer unless all the requirements of paragraph 65.11(4)“b” have been met.    c.    b.    Percentage.The amount of the tax credit shall equal one of the following:    (1)   Twelve percent of the taxpayer’s qualifying investment in a grayfield site.    (2)   Fifteen percent of the taxpayer’s qualifying investment in a grayfield site if the qualifying redevelopment project meets the requirements of green development as defined in 261—65.2(15).    (3)   Twenty-four percent of the taxpayer’s qualifying investment in a brownfield site.    (4)   Thirty percent of the taxpayer’s qualifying investment in a brownfield site if the qualifying redevelopment project meets the requirements of green development as defined in 261—65.2(15).    d.    c.    Maximum credit per project.The maximum amount of a tax credit for a qualifying investment in any one qualifying redevelopment project shall not exceed 10 percent of the maximum amount of tax credits available in any one fiscal year pursuant to paragraph 65.11(4)“e.”65.11(4)“d.”    e.    d.    Maximum credit total.For the fiscal year beginning July 1, 2021, and for each subsequent fiscal year, the maximum amount of tax credits allocated to the program by the authority shall be an amount determined by the board but not in excess of the amount established pursuant to Iowa Code section 15.119 as amended by 2021 Iowa Acts, Senate File 619. Tax credits awarded pursuant to paragraph 65.11(8)“b”65.11(7)“b” shall not be counted against the allocation determined by the board pursuant to this paragraph.

        ITEM 4.    Rescind subrule 65.11(5).

        ITEM 5.    Renumber subrules 65.11(6) to 65.11(10) as 65.11(5) to 65.11(9).

        ITEM 6.    Amend 261—Chapter 65, implementation sentence, as follows:       These rules are intended to implement Iowa Code sections 15.291 to 15.295 and 2021 Iowa Acts, Senate File 619.    [Filed 12/19/22, effective 2/15/23][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.    ARC 6826CEnergy and Geological Resources Division[565]Adopted and Filed

    Rule making related to energy and geological resources division

        The Natural Resources Department hereby rescinds Chapter 1, “General,” Chapter 3, “State Petroleum Set-Aside,” Chapter 5, “Purchasing Fuel From Alternative Sources,” Chapter 6, “Building Energy Management Programs,” Chapter 13, “Standby Emergency Energy Conservation Measures,” and Chapter 18, “State Energy Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code chapter 473 and sections 17A.7(2) and 323A.2(1)“c.”State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 473 and section 323A.2(1)“c.”Purpose and Summary    The Department is rescinding all remaining chapters from agency identification number 565, Energy and Geological Resources Division. The underlying statutory authority for these rules is no longer with the Department.  The Economic Development Authority now oversees these areas.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 16, 2022, as ARC 6669C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Department on December 21, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. The fiscal impact statement is available from the Department upon request. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found. The jobs impact statement is available from the Department upon request. Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 15, 2023.    The following rule-making actions are adopted:

        ITEM 1.    Rescind 565—Chapter 1.

        ITEM 2.    Rescind 565—Chapter 3.

        ITEM 3.    Rescind 565—Chapter 5.

        ITEM 4.    Rescind 565—Chapter 6.

        ITEM 5.    Rescind 565—Chapter 13.

        ITEM 6.    Rescind 565—Chapter 18.    [Filed 12/21/22, effective 2/15/23][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.    ARC 6802CInspections and Appeals Department[481]Adopted and Filed

    Rule making related to foster care facility inspections

        The Inspections and Appeals Department (Department) hereby amends Chapter 5, “Public Records and Fair Information Practices,” and rescinds Chapter 40, “Foster Care Facility Inspections,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 10A.104.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 10A.104 and 17A.7(2).Purpose and Summary    Previous Chapter 40 addressed duties related to the performance of foster care facility inspections by the Department on behalf of the Department of Health and Human Services. After a review of this chapter in association with Iowa Code section 17A.7(2), the Department determined that references within this chapter were outdated and the duties set forth therein were redundant because the Department completes a comprehensive memorandum of understanding each year that governs the totality of work performed by the Department on behalf of the Department of Health and Human Services and the duties associated therewith. This rule making thus rescinds Chapter 40.    Subrule 5.12(2) regarding confidential records is also updated to eliminate redundancy and remove outdated citations, including one reference to Chapter 40.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 2, 2022, as ARC 6609C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Department on December 21, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 15, 2023.    The following rule-making actions are adopted:

        ITEM 1.    Amend 481—Chapter 5, introductory paragraph, as follows:The department of inspections and appeals adopts, with the following exceptions and amendments, rules of the Governor’s Task Force on Uniform Rules of Agency Procedure relating to public records and fair information practices printed in the first volume of the Iowa Administrative Code, which are published on the Iowa general assembly’s website at www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf.

        ITEM 2.    Amend subrule 5.12(2) as follows:    5.12(2)   Where a record has multiple subjects with interest in the confidentiality of the record, the department may take reasonable steps to protect confidential information relating to another subject.The list below indicates rules prohibiting release.
    1. 481—21.5(10A). Real estate broker trust account information is governed by Iowa Code section 272C.6(4).
    2. 481—22.2(10A). Health care facility audits are confidential under Iowa Code section 217.30.
    3. 481—40.4(10A). DHS determines accessibility of foster care inspection records.
    4. 481—50.8(22,135B,135C). Survey information is confidential pursuant to Iowa Code sections 135B.12 and 135C.19.
    5. 481—71.9(10A). Recoupment records and appeals and hearing records are governed by Human Services rules and Iowa Code section 217.30.
    6. 481—72.4(10A). Food stamp investigation records are released only to DHS when an investigation is complete.
    7. 481—73.8(10A). Iowa Code sections 10A.105, 17A.2(7)“f,” and 22.7(18) describe some of the investigation records as confidential.
    8. 481—74.3(1)“e.” Economic assistance fraud bureau investigative material is not released pursuant to Iowa Code sections 10A.105, 17A.2(7)“f,” and 22.7(18).
    In all cases, the originating agency shall determine whether records may be released.

        ITEM 3.    Rescind and reserve 481—Chapter 40.    [Filed 12/21/22, effective 2/15/23][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.    ARC 6801CInspections and Appeals Department[481]Adopted and Filed

    Rule making related to dependent adult abuse

        The Inspections and Appeals Department hereby amends Chapter 52, “Dependent Adult Abuse in Facilities and Programs,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 10A.104 and 235E.5.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 10A.104, 17A.7 and 235E.5.Purpose and Summary    The Department completed a review of Chapter 52 in accordance with the requirement in Iowa Code section 17A.7(2). This rule making rescinds an outdated reference that staff member training be completed no later than December 31, 2010, and strikes definitions and rescinds rules that are redundant of statute. This rule making also updates the definition of “staff member” to clarify that health care employment agency workers are included within the definition of “staff member” and associated staff member reporting requirements. This rule making also adds a reference to a health care employment agency’s reporting requirement in accordance with new 481—Chapter 55 (ARC 6711C, IAB 11/30/22).Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 2, 2022, as ARC 6633C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Department on December 21, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 15, 2023.    The following rule-making actions are adopted:

        ITEM 1.    Amend rule 481—52.1(235E) as follows:

    481—52.1(235E) Definitions.  The definitions set forth in Iowa Code section 235E.1 are incorporated herein by reference.For purposes of this chapter,unless the context otherwise requires, the following definitions apply:        "Assault of a dependent adult" means the commission of any act which is generally intended to cause pain or injury to a dependent adult, or which is generally intended to result in physical contact which would be considered by a reasonable person to be insulting or offensive or any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act.        "Caretaker" means a person who is a staff member of a facility or program who provides care, protection, or services to a dependent adult voluntarily, by contract, through employment, or by order of the court. For the purpose of an allegation of exploitation, if the caretaker-dependent adult relationship started when a staff member was employed in the facility, the staff member may be considered a caretaker after employment is terminated.        "Confidentiality" means the withholding of information from any manner of communication, public or private.        "Court" means the district court.        "Department" means the department of inspections and appeals.        "Dependent adult" means a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for the person’s own care or protection is impaired, either temporarily or permanently.        "Dependent adult abuse" means any of the following as a result of the willful misconduct or gross negligence or reckless act or omission of a caretaker, taking into account the totality of the circumstances: physical injury, unreasonable confinement, unreasonable punishment, assault, sexual offense, sexual exploitation, exploitation, neglect, or personal degradation. “Dependent adult abuse” does not include any of the following:
    1. Circumstances in which the dependent adult declines medical treatment if the dependent adult holds a belief or is an adherent of a religion whose tenets and practices call for reliance on spiritual means in place of reliance on medical treatment.
    2. Circumstances in which the dependent adult’s caretaker, acting in accordance with the dependent adult’s stated or implied consent, declines medical treatment or care.
    3. The withholding or withdrawing of health care from a dependent adult who is terminally ill in the opinion of a licensed physician, when the withholding or withdrawing of health care is done at the request of the dependent adult or at the request of the dependent adult’s next of kin, attorney in fact, or guardian pursuant to the applicable procedures under Iowa Code chapter 125, 144A, 144B, 222, 229, or 633.
            "Exploitation" means a caretaker who knowingly obtains, uses, endeavors to obtain to use, or who misappropriates, a dependent adult’s funds, assets, medications, or property with the intent to temporarily or permanently deprive a dependent adult of the use, benefit, or possession of the funds, assets, medication, or property for the benefit of someone other than the dependent adult.         "Facility" means a health care facility as defined in Iowa Code section 135C.1 or a hospital as defined in Iowa Code section 135B.1.        "Gross negligence" means an act or omission that signifies more than ordinary inadvertence or inattention, but less than conscious indifference to consequences; and, in other words, means an extreme departure from the ordinary standard of care.        "Immediately," for purposes of mandatory reporters’ reporting of suspected dependent adult abuse, means within 24 hours.        "Inspector" means a surveyor, monitor or investigator with the department or any department designee.        "Intimate relationship" means a significant romantic involvement between two persons that need not include sexual involvement, but does not include a casual social relationship or association in a business or professional capacity. In determining whether persons are in an intimate relationship, the following nonexclusive list of factors may be considered:
    1. The duration of the relationship,
    2. The frequency of interaction,
    3. Whether the relationship has been terminated, and
    4. The nature of the relationship, characterized by either person’s expectation of sexual or romantic involvement.
            "Misappropriates" means taking unfair advantage of or wrongfully or dishonestly exercising control over property.        "Neglect of a dependent adult" means the deprivation of the minimum food, shelter, clothing, supervision, physical or mental health care, or other care necessary to maintain a dependent adult’s life or physical or mental health.        "Person" means person as defined in Iowa Code section 4.1.        "Personal degradation" means a willful act or statement by a caretaker intended to shame, degrade, humiliate, or otherwise harm the personal dignity of a dependent adult, or where the caretaker knew or reasonably should have known the act or statement would cause shame, degradation, humiliation, or harm to the personal dignity of a reasonable person. “Personal degradation” includes the taking, transmission, or display of an electronic image of a dependent adult by a caretaker, where the caretaker’s actions constitute a willful act or statement intended to shame, degrade, humiliate, or otherwise harm the personal dignity of the dependent adult, or where the caretaker knew or reasonably should have known the act would cause shame, degradation, humiliation, or harm to the personal dignity of a reasonable person. “Personal degradation” does not include the taking, transmission, or display of an electronic image of a dependent adult for the purpose of reporting dependent adult abuse to law enforcement, the department, or other regulatory agency that oversees caretakers or enforces abuse or neglect provisions, or for the purpose of treatment or diagnosis or as part of an ongoing investigation. “Personal degradation” also does not include the taking, transmission, or display of an electronic image by a caretaker in accordance with the facility’s or program’s confidentiality policy and release of information or consent policies.        "Physical injury" means a physical injury, or injury which is at a variance with the history given of the injury, which involves a breach of skill or care or learning ordinarily exercised by a caretaker in similar circumstances. “Physical injury” includes damage to any bodily tissue to the extent that the tissue must undergo a healing process in order to be restored to a sound and healthy condition, damage to any bodily tissue to the extent that the tissue cannot be restored to a sound and healthy condition, or damage to any bodily tissue which results in the death of the person who has sustained the damage.        "Program" means an elder group home as defined in Iowa Code section 231B.1, an assisted living program certified under Iowa Code section 231C.3, or an adult day services program as defined in Iowa Code section 231D.1.        "Recklessly" means that a person acts or fails to act with respect to a material element of a public offense, when the person is aware of and consciously disregards a substantial and unjustifiable risk that the material element exists or will result from the act or omission. The risk must be of such a nature and degree that disregard of the risk constitutes a gross deviation from the standard conduct that a reasonable person would observe in the situation.        "Registry" means the central registry for dependent adult abuse information established in Iowa Code section 235B.5.        "Report" means a verbal or written statement, made to the department, which alleges that dependent adult abuse has occurred.        "Resident" means a resident of a health care facility as defined in Iowa Code chapter 135C, a patient in a hospital as defined in Iowa Code chapter 135B, a tenant of an assisted living program as defined in Iowa Code chapter 231C, a tenant in an elder group home as defined in Iowa Code chapter 231B, or a participant in an adult day services program as defined in Iowa Code chapter 231D.        "Sexual exploitation" means any consensual or nonconsensual sexual conduct with a dependent adult by a caretaker whether within a facility or program or at a location outside of a facility or program. “Sexual exploitation” includes but is not limited to:
    1. Kissing;
    2. Touching of the clothed or unclothed breast, groin, buttock, anus, pubes, or genitals;
    3. A sex act as defined in Iowa Code section 702.17;
    4. The transmission, display or taking of electronic images of the unclothed breast, groin, buttock, anus, pubes, or genitals of a dependent adult by a caretaker for a purpose not related to treatment, care, monitoring, assessment or diagnosis or as part of an ongoing investigation.
    “Sexual exploitation” does not include touching which is part of a necessary examination, treatment, or care by a caretaker acting within the scope of the practice or employment of the caretaker; the exchange of a brief touch or hug between the dependent adult and a caretaker for the purpose of reassurance, comfort, or casual friendship; or touching between spouses or domestic partners in an intimate relationship.            "Sexual offense" means the commission of a sexual offense under Iowa Code chapter 709 or Iowa Code section 726.2 with or against a dependent adult.        "Staff member" means an individual who provides direct or indirect treatment or services to residents in a facility or program.Specifically included in the definition of “staff member” is an employee, health care employment agency worker, or other independent contractor who otherwise meets the definition. Direct treatment or services include those provided through person-to-person contact. Indirect treatment or services include those provided without person-to-person contact such as those provided by administration, dietary, laundry, and maintenance. Specifically excluded from the definition of “staff member” are individuals such as part-time volunteers, building contractors, repair workers or others who are in a facility or program for a very limited purpose, are not in the facility or program on a regular basis, or do not provide any treatment or services to the residents of the facility or program.        "Unreasonable confinement" means confinement that includes but is not limited to the use of restraints, either physical or chemical, for the convenience of staff. “Unreasonable confinement” does not include the use of confinement and restraints if the methods are employed in conformance with state and federal standards governing confinement and restraint or as authorized by a physician or physician extender.        "Unreasonable punishment" means a willful act or statement intended by the caretaker to punish, agitate, confuse, frighten, or cause emotional distress to the dependent adult. Such willful act or statement includes but is not limited to intimidating behavior, threats, harassment, deceptive acts, or false or misleading statements.        "Willful misconduct" means an intentional act of unreasonable character committed with disregard for a known or obvious risk that is so great as to make it highly probable that harm will follow.

        ITEM 2.    Rescind paragraph 52.2(1)"b" and adopt the following new paragraph in lieu thereof:    b.    A health care employment agency in accordance with 481—Chapter 55.

        ITEM 3.    Rescind subrule 52.2(6).

        ITEM 4.    Amend subrule 52.3(2) as follows:    52.3(2) Reports sent to the department or the department of human services.  Any person who believes that a dependent adult has suffered dependent adult abuse may report the suspected dependent adult abuse to the department. The department shall transfer any reports received of dependent adult abuse in the community to the department of human services. The department of human services shall transfer any reports received of dependent adult abuse in facilities or programs to the departmentin accordance with Iowa Code section 235E.2(5).

        ITEM 5.    Rescind and reserve rule 481—52.4(235E).

        ITEM 6.    Amend paragraph 52.7(2)"b" as follows:    b.    An alleged dependent adult abuser may request to have an attorney present at the alleged dependent adult abuser’s expense at any time during the interview, but the request may not unreasonably delay the investigation. An employee organization representative or union representative may observe an investigative interview conducted by the department of an alleged dependent adult abuser if all of the following conditions are met:set forth in Iowa Code section 235E.2(13)“a” are met.    (1)   The alleged dependent adult abuser is part of a bargaining unit or employee organization that is party to a collective bargaining agreement under Iowa Code chapter 20 or any other applicable state or federal law.    (2)   The alleged dependent adult abuser requests the presence of a union representative or employee organization representative.    (3)   The representative maintains the confidentiality of all information from the interview subject to the penalties provided in Iowa Code section 235B.12 if such confidentiality is breached.(4)   The purpose of the interview is a civil administrative dependent adult abuse investigation under applicable law.

        ITEM 7.    Amend subrule 52.7(3) as follows:    52.7(3) Photographs of victim, vicinity and related matters.  An inspector may take or cause to be taken photographs of the dependent adult abuse victim and the vicinity involvedin accordance with Iowa Code section 235E.2(12). The department shall obtain consent from the dependent adult abuse victim or guardian or other person with a power of attorney over the dependent adult abuse victim prior to taking photographs of the dependent adult abuse victim.

        ITEM 8.    Amend rule 481—52.8(235E) as follows:

    481—52.8(235E) Notification to subsequent employers.  The department shall notify a facility or program that subsequently employs an alleged or founded dependent adult abuserin accordance with Iowa Code section 235E.2(11).        [Filed 12/21/22, effective 2/15/23][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.    ARC 6789CNatural Resource Commission[571]Adopted and Filed

    Rule making related to grant programs

        The Natural Resource Commission (Commission) hereby amends Chapter 23, “Wildlife Habitat Promotion with Local Entities Program,” Chapter 27, “Lands and Waters Conservation Fund Program,” Chapter 30, “Waters Cost-Share and Grant Programs,” Chapter 33, “Resource Enhancement and Protection Program: County, City and Private Open Spaces Grant Programs,” and Chapter 35, “Fish Habitat Promotion for County Conservation Boards,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 455A.5(6), 455A.19(1)“b,” 455A.19(1)“d” and 462A.3.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 452A.79A, 455A.19, 456A.29 to 456A.33, 461A.3, 464A.11 and 483A.3A.Purpose and Summary    This rule making amends rules related to multiple grant programs to add provisions addressing conflicts of interest, electronic filing, and more adaptable filing deadlines.    Several grant programs do not explicitly address conflicts of interest within the preselected scoring committee. This rule making adds language that requires designation of at least two alternates. The alternates will be available to serve in the place of a primary committee member whenever the primary committee member is directly participating in a grant cycle.    Additionally, a few grant programs have antiquated submission rules, requiring that paper copies be mailed to a particular address. The Department of Natural Resources (Department) began using an electronic grant submission portal in 2020. This new method is easy and cost-effective. These amendments require that applications be submitted via a form or a method specified on the Department’s website. This will enable the Department and grant applicants to utilize new systems as technology improves over time.    Finally, many grant programs have fixed deadlines set forth in rule (e.g., March 15). This prevents flexibility on grant deadlines even when extraordinary events may justify accommodations, such as the derecho and COVID-19, both experienced within the last several years. These amendments mirror existing language in Chapter 30 that allows a submission deadline to be published on the Department’s website with at least 90 days’ notice. Notably, Chapter 30’s publication-based framework has been successfully utilized for 14 years. This amendment allows the Department to change a deadline when circumstances warrant it while still ensuring plenty of public notice.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 2, 2022, as ARC 6630C. A public hearing was held on November 22, 2022, at 12 noon via video/conference call. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Commission on December 8, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. A copy of the fiscal impact statement is available from the Department upon request. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found. A copy of the fiscal impact statement is available from the Department upon request.Waivers    This rule is subject to the waiver provisions of 571—Chapter 11. Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 15, 2023.    The following rule-making actions are adopted:

        ITEM 1.    Amend subrule 23.6(2) as follows:    23.6(2) Time of submission.  Applications for funds shall be reviewed and selected for funding during January and July of each yearat least twice per year.The department shall publish on its website the date and time for submitting a funding proposal, providing at least 90 days’ notice. Applications must be received in acceptable form bysubmitted to the Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319, by the close of business on the last business day of May for consideration at the summer review and the last business day of November for the winter reviewdepartment as described on the website. Changes to grant applications must be submitted to the department no later than 4 p.m. the day prior to the committee review date. Upon timely notice to eligible recipients, additional selection periods may be scheduled if necessary to expedite the distribution of these funds. In emergencies, local entities can obtain a waiver so that acquisition projects may be approved for retroactive payments, provided that funds are available and the project meets all other criteria.

        ITEM 2.    Amend subrule 23.7(1) as follows:    23.7(1) Review and selection committee.      a.    A review and selection committee, hereinafter referred to as the committee, composed of one person appointed by the director to represent the department and designated by the director as chairperson and four persons appointed by the director to represent county conservation boards shall determine which grant applications and amendment requests shall be selected for funding.Additionally, there shall be at least two alternates designated by the director to represent the county conservation boards in the event of a conflict of interest.    b.    Conflict of interest. An individual who is a member, volunteer, or employee of a county conservation board that has submitted a project shall not serve on the scoring committee during that award cycle. Instead, one of the alternates shall review and score in the individual’s place.

        ITEM 3.    Amend subrule 27.5(2) as follows:    27.5(2) Application timing.  The following information applies to local projects only. Grant applications and amendment requests which increase the existing grant amount shall be reviewed and selected for funding on an annual basis as provided in subrule 27.2(2). Annual reviews shall be held in April. Applications must be received in acceptable form by the Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319-0034, by the close of business on the work day closest to the fifteenth day of March.The department shall publish on its website the date and time for submitting a funding proposal, providing at least 90 days’ notice. Applications must be submitted to the department as described on the website.

        ITEM 4.    Amend subrule 27.6(1) as follows:    27.6(1) Review and selection committee.      a.    A five-member review and selection committee, hereinafter referred to as the committee, shall be composed of three staff members of the department as appointed by the director of the department, one member appointed by the director with input from the Iowa Association of County Conservation Boardsassociation of county conservation boards, and one member appointed by the director of the department with input from the Iowa League of Citiesleague of cities and the Iowa Parks and Recreation Associationparks and recreation association.Additionally, there shall be at least two alternates designated by the director with input from both associations and the league of cities. The committee shall determine which grant applications and amendment requests shall be selected for funding at the local level. A review and selection committee for state projects shall be composed of four staff members of the department as appointed by the director.    b.    Conflict of interest. An individual who is a member, volunteer, or employee of an entity that has submitted a project shall not serve on the scoring committee during that award cycle. Instead, one of the alternates shall review and score in the individual’s place.

        ITEM 5.    Rescind rule 571—30.8(452A) and adopt the following new rule in lieu thereof:

    571—30.8(452A) Application procedures.  Applications for funds shall be reviewed and selected for funding at least once per year. The department shall publish on its website the date and time for submitting a funding proposal, providing at least 90 days’ notice. Applications must be submitted to the department as described on the website.

        ITEM 6.    Rescind and reserve rule 571—30.14(77GA,SF2381).

        ITEM 7.    Amend rule 571—30.51(455A,461A,462A), definition of “Scoring committee,” as follows:        "Scoring committee" means the water trails scoring committee, which consists of the coordinator, two other department staff members appointed by the director, and two representativesand two alternates of the water recreation community selected by the director.

        ITEM 8.    Amend rule 571—30.57(455A,461A,462A) as follows:

    571—30.57(455A,461A,462A) Proposal evaluation.      30.57(1)    Proposals will be evaluated by the scoring committee. The scoring committee shall evaluate both water trails development program proposals and low-head dam public hazard program proposals.    30.57(2)   Conflict of interest. An individual who is a member, volunteer, or employee of an entity that has submitted a project shall not serve on the scoring committee during that award cycle. Instead, one of the alternates shall review and score in the individual’s place.

        ITEM 9.    Amend subrule 33.5(2) as follows:    33.5(2)   Applications for all grant programs shall be made on forms provided by the department. An original and five copies shall be submitted by deadlines as specified in subrule 33.5(4) of this chapter or as otherwise published by the department.

        ITEM 10.    Amend subrule 33.5(4) as follows:    33.5(4)   Application deadlines are the same for county, city, and private open space grant programs. Applications will be reviewed and projects selected for funding one time each year in Septemberat least once per year. Applications must be received in acceptable form by the department by the close of business on the fifteenth day of August.The department shall publish on its website the date and time for submitting a funding proposal, providing at least 90 days’ notice. Applications must be submitted to the department as described on the website. Upon a 60-day notice to potential applicants, the department may schedule additional review and selection periods to expedite the distribution of grant funds.

        ITEM 11.    Amend subrule 33.30(3) as follows:    33.30(3) Project planning and review committee.      a.    The makeup of this committee is as follows: two representatives of the department appointed by the director; two county conservation board directors appointed by the director of the department with input from the Iowa Association of County Conservation Boardsassociation of county conservation boards; one member selected every three years by a majority vote of the director’s appointees.Additionally, there shall be at least two alternates designated by the director with input from the Iowa association of county conservation boards. The members shall select a chairperson at the first meeting during each calendar year. Terms of appointment to the committee shall be on a three-year staggered term basis.    b.    Conflict of interest. An individual who is a member, volunteer, or employee of an entity that has submitted a project shall not serve on the scoring committee during that award cycle. Instead, one of the alternates shall review and score in the individual’s place.

        ITEM 12.    Amend subrule 33.40(4) as follows:    33.40(4) Review and selection committee.      a.    The director shall appoint a five-member review and selection committee to evaluate project applications. This committee shall include one member representing each of the three size classes of cities (e.g., one from a city of less than 2,000, one from a city of 2,000 to 25,000, and one from a city of over 25,000). The director shall request a list of candidates from theIowa league of Iowa cities and Iowa parks and recreation association. The remaining two members of the committee shall be a representative of the department and an at-large member.Additionally, there shall be at least two alternates designated by the director from the candidates list provided by the Iowa league of cities and the Iowa parks and recreation association. The committee shall elect its own chairperson from its members. Members shall serve three-year staggered terms.    b.    Conflict of interest. An individual who is a member, volunteer, or employee of an entity that has submitted a project shall not serve on the scoring committee during that award cycle. Instead, one of the alternates shall review and score in the individual’s place.

        ITEM 13.    Amend subrule 33.50(4) as follows:    33.50(4) Project review and selection committee.      a.    The director shall appoint a committee to review and score projects. The committee shall include the following: three persons representing the private sectorand two alternates selected from a pool of potential names as submittedto the director by the various private eligible groups; administrator of the conservation and recreation division of the department, or the administrator’s designee; and the bureau chiefs of the department’s forestrywildlife bureau and parks, forests, and preserves bureau or their designees. The committee shall elect its own chairperson from its members. The director shall request a list of candidates for the private sector members from groups eligible to participate in this program. The committee will report to the director the order in which proposed projects were ranked using criteria as specified in 33.50(5).    b.    Conflict of interest. An individual who is a member, volunteer, or employee of an entity that has submitted a project shall not serve on the scoring committee during that award cycle. Instead, one of the alternates shall review and score in the individual’s place.

        ITEM 14.    Amend subrule 35.5(2) as follows:    35.5(2) Time of submission.  Applications for funds shall be reviewed and selected for funding during January of each yearat least once per year. The district designee shall receive an original application and six copies in acceptable form by the close of business on the last business day of November of the previous year for consideration. The district shall forward a copy of all applications to the department’s designee by December 15 of the previous year.The department shall publish on its website the date and time for submitting a funding proposal, providing at least 90 days’ notice. Applications must be submitted to the department as described on the website. Upon timely notice to eligible recipients, additional selection periods may be scheduled if necessary to expedite the distribution of funds. In emergencies, a county may request a waiver so that an acquisition project may be approved for retroactive payments if funds are available and the project meets all other criteria.

        ITEM 15.    Amend subrule 35.6(1) as follows:    35.6(1) Review and selection committee.      a.    Each district shall have a review and selection committee, hereinafter referred to as the committee. Each committee shall be composed of at least five county directors or their designees, with at least two designated alternates. Each district’s committee shall determine which grant applications and amendment requests shall be selected for funding. For advisory purposes only, a department biologist or designee shall be present during review and selection of grant applications and amendment requests.    b.    Conflict of interest. An individual who is a member, volunteer, or employee of an entity that has submitted a project shall not serve on the scoring committee during that award cycle. Instead, one of the alternates shall review and score in the individual’s place.    [Filed 12/14/22, effective 2/15/23][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.    ARC 6787CNatural Resource Commission[571]Adopted and Filed

    Rule making related to permitted weapons for wild turkey hunting

        The Natural Resource Commission (Commission) hereby amends Chapter 98, “Wild Turkey Spring Hunting,” and Chapter 99, “Wild Turkey Fall Hunting,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 455A.5(6)“a,” 481A.39 and 481A.48.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 481A.38, 481A.39 and 481A.48 and section 483A.7 as amended by 2022 Iowa Acts, Senate File 2334.Purpose and Summary    Chapter 98 regulates spring wild turkey hunting for both residents and nonresidents and includes season dates, bag limits, possession limits, shooting hours, areas open to hunting, licensing procedures, means and methods of take, and transportation tag requirements.    Chapter 99 regulates fall wild turkey hunting for residents and includes season dates, bag limits, possession limits, shooting hours, areas open to hunting, licensing procedures, means and methods of take, and transportation tag requirements.    This rule making amends both chapters as required by recent legislation. 2022 Iowa Acts, Senate File 2334 (signed by Governor Reynolds on May 24, 2022), authorized the use of a caliber .410 shotgun or a 28-gauge shotgun for hunting turkey. It further required that a caliber .410 shotgun or a 28-gauge shotgun only shoot shot not smaller than shot size number 10. These requirements are added to both chapters.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 5, 2022, as ARC 6578C. A public hearing was held on October 25, 2022, at 12 noon via video/conference call. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Commission on December 8, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. A copy of the fiscal impact statement is available from the Department of Natural Resources (Department) upon request. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found. A copy of the jobs impact statement is available from the Department upon request.Waivers    This rule is subject to the waiver provisions of 571—Chapter 11. Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 15, 2023.    The following rule-making actions are adopted:

        ITEM 1.    Amend paragraph 98.2(1)"a" as follows:    a.    Combination shotgun-or-archery license.Wild turkey may be taken by shotgun or muzzleloading shotgun not smaller than 20-gaugecaliber .410 and shooting only shot sizes number 4 through 810 lead or nontoxic shot; and by bow and arrow as defined in paragraph 98.2(1)“b.” A person shall not have shotshells containing shot of any size other than number 4 through 810 lead or nontoxic shot on the person while hunting wild turkey.

        ITEM 2.    Amend subrule 98.12(1) as follows:    98.12(1) Permitted weapons.  Wild turkey may be taken only with shotguns and muzzleloading shotguns not smaller than 20-gaugecaliber .410 and shooting only shot sizes number 4 through 810 lead or nontoxic shot. No person may have shotshells containing shot of any size other than number 4 through 810 lead or nontoxic shot on the person while hunting wild turkey. Except for crossbows for persons with certain afflictions of the upper body, as provided in 571—15.22(481A), only longbow, compound, or recurve bows shooting broadhead arrows are permitted. Blunthead arrows with a minimum diameter of 9/16 inch may also be used. Arrows must be at least 18 inches long. No explosive or chemical devices may be attached to the arrow, broadhead, or blunthead.

        ITEM 3.    Amend subrule 99.8(1) as follows:    99.8(1) Permitted weapons.  In accordance with the type of license issued, wild turkey may be taken by shotgun and muzzleloading shotgun not smaller than 20-gaugecaliber .410 and shooting only shot sizes number 4 through 810 lead or nontoxic shot; and by longbow, recurve, or compound bow shooting broadhead or blunthead (minimum diameter 9/16 inch) arrows only. No person may carry or have in possession shotshells containing shot of any size other than number 4 through 810 lead or nontoxic shot while hunting wild turkey. Arrows with chemical or explosive pods are not permitted.    [Filed 12/14/22, effective 2/15/23][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.    ARC 6788CNatural Resource Commission[571]Adopted and Filed

    Rule making related to deer hunting

        The Natural Resource Commission (Commission) hereby amends Chapter 106, “Deer Hunting by Residents,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 455A.5(6)“a,” 481A.39 and 481A.48.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 481A.38, 481A.39 and 481A.48 and section 483A.8 as amended by 2022 Iowa Acts, Senate File 581.Purpose and Summary    Chapter 106 governs deer hunting by residents in the state of Iowa. This chapter regulates deer hunting and sets forth season dates, bag limits, possession limits, shooting hours, areas open to hunting, licensing procedures, means and methods of take, and transportation and reporting requirements.    This rule making adopts seven amendments necessary to align Chapter 106 with recent legislation. More specifically, 2022 Iowa Acts, Senate File 581 (signed by Governor Reynolds on June 17, 2022), established a mandatory rifle-based January antlerless-deer-only season whenever a county has unsold antlerless deer licenses available in its county quota. That season and the rifle requirement have both been added to the chapter. Additionally, the legislation required that the deer depredation program sell its license and shooting permits for $5. Those fees have been appropriately adjusted.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 5, 2022, as ARC 6579C. A public hearing was held on October 25, 2022, at 12 noon via video/conference call. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Commission on December 8, 2022.Fiscal Impact     This rule making has no negative fiscal impact to the State of Iowa. A copy of the fiscal impact statement is available from the Department of Natural Resources (Department) upon request. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found. A copy of the jobs impact statement is available from the Department upon request.Waivers    This rule is subject to the waiver provisions of 571—Chapter 11. Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 15, 2023.    The following rule-making actions are adopted:

        ITEM 1.    Amend subrule 106.1(6) as follows:    106.1(6) January antlerless-deer-only licenses.      a.    Population management season.Licenses for thepopulation management January antlerless-deer-only season may be issued for the following counties: Allamakee, Appanoose, Decatur, Monroe, Wayne, and Winneshiek.Population management January antlerless-deer-only licenses shall be issued for a county only when a minimum of 100 antlerless-deer-only licenses, as described in subrule 106.6(6), remain unsold in that county as of the third Monday in December. If 100 or more antlerless-deer-only licenses remain unsold for a given county as of the third Monday in December, those remaining antlerless-deer-only licenses shall be made available for thepopulation management January antlerless-deer-only season in that county until the relevant antlerless-deer-only quota as described in subrule 106.6(6) is met.    b.    Excess tag season.Licenses for the excess tag January antlerless-deer-only season may be issued in any county. Excess tag January antlerless-deer-only licenses shall be issued for a county only when a minimum of one antlerless-deer-only license, as described in subrule 106.6(6), remains unsold for a given county through January 10. Remaining antlerless-deer-only licenses shall be made available starting on January 11 for the excess tag January antlerless-deer-only season in that county until the relevant antlerless-deer-only quota as described in subrule 106.6(6) is met.

        ITEM 2.    Amend subrule 106.2(5) as follows:    106.2(5) Population management and excess tagJanuary antlerless-deer-only seasonseasons.  Deer may be taken in accordance with the type, season, and zone designated on the license from January 11 through the second Sunday following that date.

        ITEM 3.    Amend subrule 106.4(5) as follows:    106.4(5) Population management and excess tagJanuary antlerless-deer-only seasonseasons.  The bag limit is one deer per license. The possession limit is one deer per license.

        ITEM 4.    Amend subrule 106.6(4) as follows:    106.6(4) Population management and excess tagJanuary antlerless-deer-only seasonseasons.  Only antlerless-deer-only licenses, paid or free, are available in counties pursuant to the conditions described in subrule 106.1(6). A license must be used during thepopulation management or excess tag January antlerless-deer-only season as described in subrule 106.2(5) and in the county or deer population management area selected at the time the license is purchased. Free antlerless-deer-only licenses shall be available only in the portion of the farm unit located in a county where paid antlerless-deer-only licenses are available during thepopulation management or excess tag January antlerless-deer-only season.

        ITEM 5.    Amend subrule 106.7(5) as follows:    106.7(5) January antlerless-deer-only seasonseasons.      a.    Population management January antlerless-deer-only season.Bows, crossbows, shotguns, muzzleloaders, rifles (including centerfire rifles .240 to .350), and handguns, as each is described in this rule,and rifles as described in Iowa Code section 483A.8(9) as enacted by 2022 Iowa Acts, Senate File 581, section 4, may be used during thepopulation management January antlerless-deer-only season.    b.    Excess tag January antlerless-deer-only season.Only rifles as described in Iowa Code section 483A.8(9) as enacted by 2022 Iowa Acts, Senate File 581, section 4, shall be used during the excess tag January antlerless-deer-only season.

        ITEM 6.    Amend paragraph 106.11(4)"a" as follows:    a.    Deer depredation licenses. Deer depredation licenses may be sold to resident hunters only for the regular deer licensea feeof $5 for use during one or more legal hunting seasons. Depredation licenses will be available to producers of agricultural and horticultural crops.    (1)   Depredation licenses will be issued up to the number specified in the management plan.    (2)   The landowner or an eligible family member, which shall include the landowner’s spouse or domestic partner and juvenile children, may obtain one depredation license for each season established by the commission. No other individual may initially obtain more than three depredation licenses per management plan. When a deer is reported harvested on one of these licenses, then another license may be obtained.    (3)   Depredation licenses will be valid only for hunting antlerless deer, regardless of restrictions that may be imposed on regular deer hunting licenses in that county.    (4)   Hunters may keep any deer legally tagged with a depredation license.    (5)   All other regulations for the hunting season specified on the license will apply.    (6)   Depredation licenses will be valid only on the land where damage is occurring and the immediately adjacent property unless the land is within a designated block hunt area as described in subparagraph (7). Other parcels of land in the farm unit not adjacent to the parcels receiving damage will not qualify.    (7)   Block hunt areas are areas designated and delineated by wildlife biologists of the wildlife bureau to facilitate herd reduction in a given area where all producers may not qualify for the depredation program or in areas of persistent deer depredation. Depredation licenses issued to producers within the block hunt area are valid on all properties within the delineated boundaries. Individual landowner permission is required for hunters utilizing depredation licenses within the block hunt area boundaries. Creation of a given block hunt area does not authorize trespass.

        ITEM 7.    Amend subparagraph 106.11(4)"b" as follows:    (1)   Deer shooting permits will be issued at no costfor a fee of $5 to the applicant.    [Filed 12/14/22, effective 2/15/23][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.    ARC 6790CNatural Resources Department[561]Adopted and Filed

    Rule making related to the recording and submission of groundwater hazard statements

        The Natural Resources Department hereby amends Chapter 9, “Groundwater Hazard Documentation,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 558.69.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 558.69.Purpose and Summary    The purpose of this rule making is to align the groundwater hazard statement rules with recent changes in Iowa law. Minor cleanups of rule language are adopted.    2022 Iowa Acts, House File 2343, was signed into law on April 21, 2022. This legislation has amended Iowa Code section 558.69 in two ways relevant to this rule making. First, it removes the requirement to record a groundwater hazard statement if no relevant conditions are present on the property. In these circumstances, prescribed statutory language must be included on the first page of the transferring document. Second, this legislation allows county recorders to submit groundwater hazard statements to the Department through the use of a web browser interface provided by the county land record information system or through other electronic means. More specifically, the amendments:

  • Remove the requirement to record groundwater hazard statements in circumstances that now conflict with the Iowa Code.
  • Reference a new groundwater hazard statement form. This form is made part of this rule making as a rule-referenced document. The form can be found at www.iowadnr.gov/Portals/idnr/uploads/forms/5420960%20Proposed.pdf. The form clarifies when a condition is present or not present and provides clear instructions on when to submit the form versus when to include the statutory language. This form replaces the current form in its entirety.
  • Require the Department to enter into an agreement with the custodian of the county land record information system prior to the submission of groundwater hazard statement forms through the system’s web browser interface. This rule will ensure efficient and transparent submissions, particularly in future years. Additionally, to account for unforeseen circumstances, the Department adopts rules that allow for the easy digital transmission of groundwater hazard statements in the unlikely event the county land record information system is inoperable.
  • Ensure that the Department does not receive documents that transfer property when no conditions are present on the property.
    • Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 2, 2022, as ARC 6629C. A public hearing was held on November 22, 2022, at 12 noon via Zoom. No one attended the public hearing.    The Department received one written public comment from Denise D. Baker, Wright County Recorder. Ms. Baker requested the Department provide a colored highlight behind the “Stop Here” phrases in the Groundwater Hazard Statement form. This will ensure the form complies with the Americans with Disabilities Act. The Department agreed with the suggestion and updated the form. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Department on December 8, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. A copy of the fiscal impact statement is available from the Department upon request. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found. A copy of the jobs impact statement is available from the Department upon request. Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 15, 2023.    The following rule-making actions are adopted:

        ITEM 1.    Amend subrule 9.1(4) as follows:    9.1(4) When groundwater hazard statement is required.  A groundwater hazard statement shall be presented to the county recorder along with the real estate transaction documents for any real estate transaction in which either of the following circumstances exists:only when required by Iowa Code section 558.69 or when otherwise required by Iowa law.    a.    A declaration of value is required to be submitted pursuant to Iowa Code chapter 428A.    b.    A private sewage disposal system inspection is required pursuant to 2008 Iowa Acts, chapter 1033, section 1. It shall be the duty of the transferor to determine whether an inspection is required and to include the groundwater hazard statement and certified inspector’s report when filing transfer documents that do not require a declaration of value.

        ITEM 2.    Amend subrule 9.2(1) as follows:    9.2(1)   Thedepartment hereby adopts by reference Form 542-0960, “Groundwater Hazard Statement” (February 1, 2023), which may be obtained from the department or local county recorder.    a.    When a groundwater hazard statement is required to be presented to a county recorder pursuant to subrule 9.1(2), thetransferor or the transferor’s agent or attorney shall complete and sign departmentpresent Form 542-0960, “Groundwater Hazard Statement,” which may be obtained from the department or local county recorder. AnThe transferor’s agent or attorney may sign the form foron behalf of the transferor, but in doing so the agent or attorney represents that a good-faith inquiry of the transferor has been made regarding the information contained in the form and that the information is correct. The department hereby adopts by reference Form 542-0960, “Groundwater Hazard Statement,” as amended through July 18, 2012.    b.    For all real estate transactionswhere a groundwater hazard statement is required to be submitted to a county recorder pursuant to subrule 9.1(4) and where the real estate transaction is dated July 18, 2012, or laterafter February 1, 2023, a county recorder shall accept only the currently adopted form. The department authorizes the reproduction of Form 542-0960 by any person through photocopying or electronic means so long as the general format and wording are not altered in the reproduction thereof.

        ITEM 3.    Amend subrule 9.2(3) as follows:    9.2(3)   In all cases, the county recorder shall return the original ofor present the statement to the transferee whenwith the recorded instrumentwhen the instrument is returnedor presented to the transferee or the transferee’s designee. If the statement submitted reveals that there is a well, a disposal site, an underground storage tank, or hazardous waste on the property, a copy of the form shall be submitted to the department within 15 days after the close of each month. If a standardized electronic format is established by agreement between the Iowa County Recorders Association and the department, then the department’s copy may be submitted electronically in the manner established by the agreement. Forms on which a private burial site is the sole matter disclosed and which do not reveal the existence of a well, disposal site, underground storage tank, or hazardous waste on the property shall not be submitted to the department. Forms shall be retained by the department for a period of five years.

        ITEM 4.    Rescind subrule 9.2(4) and adopt the following new subrule in lieu thereof:    9.2(4)   When a county recorder accepts a groundwater hazard statement for recording, the county recorder shall transmit the groundwater hazard statement form to the department through one of the following methods:    a.    Upon written agreement between the department and the custodian of the county land record information system, recorded groundwater hazard statement forms shall be presented to the department through a browser interface provided through the county land record information system for so long as such an agreement remains in place. Any agreement shall include, but not be limited to, a requirement that each form be posted to the system within 15 days of recording and a requirement that each form remain on the system for at least five years.    b.    In the absence of such an agreement, or if the county land record information system is inoperable, a county recorder shall submit to the department via email a scanned or digital copy of each groundwater hazard statement form within 15 days of its recording. All emails shall be directed to the department’s records division. Forms in the custody of the department shall be retained for a period of at least five years.

        ITEM 5.    Adopt the following new subrule 9.2(5):    9.2(5)   Nothing in these rules shall be construed as requiring any party to submit to the department the first page of any document that transfers a property on which no conditions are present.    [Filed 12/14/22, effective 2/15/23][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.ARC 6800CState Public Defender[493]Adopted and Filed

    Rule making related to five-year rules review

        The State Public Defender hereby amends Chapter 1, “Administration,” Chapter 2, “Petitions for Rule Making,” Chapter 3, “Declaratory Orders,” Chapter 4, “Public Records and Fair Information Practices,” Chapter 5, “Agency Procedure for Rule Making,” Chapter 10, “Eligibility Guidelines for Court-Appointed Counsel,” Chapter 11, “Attorney Fee Contracts,” Chapter 12, “Claims for Indigent Defense Services,” and Chapter 13, “Claims for Other Professional Services,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 13B.4(8).State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapters 13B and 815.Purpose and Summary    All of the State Public Defender’s rules were reviewed pursuant to the comprehensive five-year review required by Iowa Code section 17A.7. These amendments eliminate several outdated and obsolete references and update others. These amendments clarify and correct minor inconsistencies and otherwise make minor technical corrections to the rules.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 16, 2022, as ARC 6671C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the State Public Defender on December 21, 2022.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the State Public Defender for a waiver of the discretionary provisions, if any, pursuant to 493—Chapter 6.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 15, 2023.    The following rule-making actions are adopted:

        ITEM 1.    Amend paragraph 1.3(2)"c" as follows:    c.    Juvenile matters, including delinquency, termination of parental rights, child in need of assistance (CINA), judicial bypass proceedings,filing by an indigent party of an adoption petition under Iowa Code section 600.3 to adopt a child who was the subject of a termination of parental rights proceeding under Iowa Code chapter 232, and juvenile commitments;

        ITEM 2.    Amend paragraph 1.3(3)"e" as follows:    e.    Coordinating the provision of legal representation of all indigents under arrest or charged with a crime, on appeal in criminal cases, in a proceeding to obtain postconviction relief when ordered to do so by the court, against whom a contempt action is pending, in proceedings under Iowa Code chapter 229A, in juvenile cases under Iowa Code chapters 232 and 600A, or in probation or parole violations under Iowa Code chapter 908, in the filing by an indigent party of an adoption petition under Iowa Code section 600.3 to adopt a child who was the subject of a termination of parental rights proceeding under Iowa Code chapter 232, or in any other matters authorized by law;

        ITEM 3.    Amend subrule 1.3(5) as follows:    1.3(5) Local public defender division.  The local public defender division provides legal representation at the trial level to qualified persons charged with adult crimes or in juvenile matters in counties where local public defender services are provided. The division also provides representation to qualified persons in juvenile appeals and in civil commitment proceedings under Iowa Code chapter 229A at the trial and appellate levelsand in any other matters authorized by law.The local public defender division consists of independent local offices and branch offices. Each independent local office is under the direct supervision of a local public defender. A local public defender may supervise a branch office. If so, the branch office may be considered part of the local office.

        ITEM 4.    Amend 493—Chapter 2, preamble, as follows: CHAPTER 2PETITIONS FOR RULE MAKINGThe state public defender adopts the petitions for rule making segments of the Uniform Administrative Rules which are printed in the first volume of the Iowa Administrative Codepublished on the general assembly’s website at www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf with the following amendments:

        ITEM 5.    Amend rule 493—2.3(17A) as follows:

    493—2.3(17A) Inquiries.  Inquiries concerning the status of a petition for rule making may be made to the State Public Defender, Lucas State Office Building, Des Moines, Iowa 50319-0087; telephone (515)242-6158; E-mail spd@spd.state.ia.usemail spdadminoffice@spd.state.ia.us.

        ITEM 6.    Amend 493—Chapter 3, preamble, as follows: CHAPTER 3DECLARATORY ORDERSThe state public defender adopts the declaratory orders segment of the Uniform Rules on Agency Procedure printed in the first volume of the Iowa Administrative Codewhich are published on the general assembly’s website at www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf with the following amendments.

        ITEM 7.    Amend 493—Chapter 3, implementation sentence, as follows:       These rules are intended to implement Iowa Code chapter 17Aas amended by 1998 Iowa Acts, chapter 1202, section 13.

        ITEM 8.    Amend 493—Chapter 4, preamble, as follows: CHAPTER 4PUBLIC RECORDS AND FAIR INFORMATION PRACTICESThe state public defender adopts the fair information practices segments of the Uniform Administrative Rules which are printed in the first volume of the Iowa Administrative Codepublished on the general assembly’s website at www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf with the following amendments:

        ITEM 9.    Amend 493—Chapter 5, preamble, as follows: CHAPTER 5AGENCY PROCEDURE FOR RULE MAKINGThe state public defender adopts the agency procedure for rule making segment of the Uniform Rules on Agency Procedure printed in the first volume of the Iowa Administrative Codepublished on the general assembly’s website at www.legis.iowa.gov/DOCS/Rules/Current/UniformRules.pdf with the following amendments.

        ITEM 10.    Amend 493—Chapter 5, implementation sentence, as follows:       These rules are intended to implement Iowa Code chapter 17Aas amended by 1998 Iowa Acts, chapter 1202, and Iowa Code section 25B.6.

        ITEM 11.    Amend rule 493—10.1(815) as follows:

    493—10.1(815) Eligibility.  The eligibility of any person for legal assistance by an appointed attorney shall be determined in accordance with Iowa Code section 815.9 and with the guidelines set forth in these rules. Any person who is eligible for appointed counsel shall be required by the court to repay all or a part of the cost of the applicant’s legal assistanceto the extent provided by law.

        ITEM 12.    Amend rule 493—11.3(13B), introductory paragraph, as follows:

    493—11.3(13B) Attorney minimum qualifications.  To be eligible to contract with the state public defender for a type of case after January 1, 2015, the attorney must meet the minimum qualification requirements established by this rule for the particular type of case. Prior to contracting with the state public defender, an attorney shall certify the attorney’s compliance with these requirements and, prior to renewal of the contract, shall certify compliance with any ongoing requirements. Satisfying these minimum requirements does not guarantee an attorney a contract with the state public defender. The state public defender retains the discretion to deny or terminate contracts if the state public defender determines that such action is in the best interests of the state.

        ITEM 13.    Amend subparagraph 12.7(1)"b" as follows:    (5)   If the expenses are for a certified shorthand reporter, any additional documentation required in 493—paragraph 13.2(4)“b”493—paragraph 13.2(3)“b” when applicable to the services provided.

        ITEM 14.    Rescind subrule 13.2(2).

        ITEM 15.    Renumber subrules 13.2(3) to 13.2(8) as 13.2(2) to 13.2(7).

        ITEM 16.    Amend renumbered subparagraph 13.2(3)"b" as follows:    (3)   If expedited transcript rates are claimed under subparagraph 13.2(4)“d”(10)13.2(3)“d”(10), an email or other written statement from the attorney explaining that expedited delivery is required.

        ITEM 17.    Amend renumbered subparagraph 13.2(3)"b" as follows:    (4)   If a cancellation fee is claimed under subparagraph 13.2(4)“d”(6)13.2(3)“d”(6), documentation of the date and time that notice of cancellation was given.

        ITEM 18.    Amend renumbered subparagraph 13.2(3)"d" as follows:    (6)   Cancellation fees. No cancellation fees will be paid as long as the certified shorthand reporter is given notice of cancellation at least 24 hours before the time scheduled for a deposition. Weekends and state holidays shall not be included when calculating the 24-hour prior notice of cancellation contained in this subparagraph. If the deposition is canceled with less than 24 hours’ notice, a fee for two hours or the actual time that the certified shorthand reporter is present at the site of the deposition including setup and takedown of equipment, whichever is greater, is payable at the rate set forth in subparagraph 13.2(4)“d”(1)13.2(3)“d”(1). A certified shorthand reporter is deemed to have been given notice of cancellation when an attorney or representative of the attorney delivers notice of a cancellation to the email address provided by the certified shorthand reporter or leaves a message on voicemail or with a representative of the certified shorthand reporter at the telephone number provided by the certified shorthand reporter, not when the certified shorthand reporter actually hears or reads the message. No cancellation fee will be paid related to the transcription of an audio or video recording.

        ITEM 19.    Amend 493—Chapter 13, implementation sentence, as follows:       These rules are intended to implement Iowa Code chapters 13B and 815as amended by 2004 Iowa Acts, House File 2138.    [Filed 12/21/22, effective 2/15/23][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.    ARC 6799CState Public Defender[493]Adopted and Filed

    Rule making related to attorney claims for indigent defense services

        The State Public Defender hereby amends Chapter 12, “Claims for Indigent Defense Services,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 13B.4(8).State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 13B and chapter 815 as amended by 2022 Iowa Acts, House File 2559, section 21.Purpose and Summary    These amendments update the rules regarding the hourly rate paid to attorneys in cases to which the attorney was appointed after June 30, 2022, to conform to the $2-per-hour across-the-board increase in attorney fees required by 2022 Iowa Acts, House File 2559, section 21. These amendments also add efficiencies to the claim review process for indigent defense services by amending a provision related to the definition of “date of service.” The amendment adds the phrase “or sentenced” and strikes the phrase “expiration of the time for appeal from a judgment of conviction.” This change allows for more expedited submission and consideration of attorney fee claims after a sentence has been entered.    These amendments add further efficiencies to the claim review process by eliminating the requirement that the contract attorney submit certain information regarding the number of hours worked on other indigent defense cases on any date when the attorney works between 12 and 16 hours. It is no longer necessary for the attorney to submit the information because it is now collected electronically and is available to the claim reviewer. These amendments update the attorney fee limitations for the number of hours of attorney time that may be claimed for “juvenile court review and other postdispositional hearings” from five hours to eight hours to make the limitation more consistent with the amount of time actually being expended on these types of hearings. Under the prior rules, the attorney was required to secure court approval to exceed five hours for such hearings. This amendment will save attorney time in seeking court approval and court time in approving and processing applications to exceed the fee limitations in this range, for which applications are routinely allowed. Moreover, the State Public Defender agrees the increased limit of hours is a reasonable amount of time for an attorney to spend on this type of hearing.    These amendments also amend the payment to contract attorneys for automobile expenses from 39 cents to 50 cents per mile to make the mileage rate consistent with the rate state employees receive. These amendments also update the provisions relating to attorney fee claim submissions to amend references to paper claims since all attorney fee claims are now submitted electronically. Finally, these amendments delete several obsolete and outdated references in the rules.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 16, 2022, as ARC 6670C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the State Public Defender on December 21, 2022.Fiscal Impact     Legislative enactment of the $2-per-hour rate increase is estimated to increase annual costs to the Indigent Defense Fund by approximately $1 million. The increase in the mileage rate is estimated to increase the annual costs to the Indigent Defense Fund by between $175,000 and $200,000. Also, the increase in the fee limitation for the juvenile review and postdispositional court hearings is expected to increase the annual costs to the Indigent Defense Fund in an unknown amount, but the amount is expected to be less than $100,000 annually and less than $500,000 over five years. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the State Public Defender for a waiver of the discretionary provisions, if any, pursuant to 493—Chapter 6.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on February 15, 2023.    The following rule-making actions are adopted:

        ITEM 1.    Amend subrule 12.2(1) as follows:    12.2(1) Required claim documents.  Court-appointed attorneys shall submit writtenelectronic indigent defense fee claims to the state public defender for review, approval and payment. These claims shall include the following:    a.    A completed fee claim on a form promulgated by the state public defender.The completion of the appropriate claim type on the online submission website of the state public defender, spdclaims.iowa.gov.    (1)   Adult fee claims, including all trial-level criminal and postconviction relief proceedings, misdemeanor appeals to district court, and applications for discretionary review or applications for interlocutory appeals to the Iowa supreme court, must be submitted on an Adult form. Juvenile fee claims, including petitions on appeal and applications for interlocutory appeals, must be submitted on a Juvenile form. Appellate fee claims, including claims for all criminal and postconviction relief appeals, work performed after the granting of an application for discretionary review or for interlocutory appeal, and work performed after full briefing is ordered following a juvenile petition on appeal, must be submitted on an Appellate form. For paper claims submitted on or before December 31, 2016, the claim forms may be downloaded from the state public defender website: spd.iowa.gov.    (2)   Claims submitted on or after January 1, 2017, shall be submitted electronically via the online claims website: spdclaims.iowa.gov. Effective January 1, 2017, any reference in these rules to forms for Adult, Juvenile, or Appellate claims means the respective electronic claims submission page on the online claims website. The state public defender, at the state public defender’s sole discretion, may grant limited exceptions to the requirement that claims be submitted electronically via the online claims website.    b.    A copy of all orders appointing the attorney to the case.    (1)   The appointment order must be signed by the court and either dated by the court or have a legible file-stamp.    (2)   If, at the time of appointment, the attorney does not have a contract to represent indigent persons in the type of case and the county in which the action is pending, the appointment order must include either a finding that no attorney with a contract to represent indigent persons in that specific type of case and that county is available or a finding that the state public defender was consulted and consented to the appointment.    (3)   Claims for probation or parole violations and contempt actions are considered new cases, and the attorney must submit a copy of an appointment order for these cases. Appointment orders in parole violation cases must also contain the following findings:
    1. The alleged parole violator requests appointment of counsel;
    2. The alleged parole violator is indigent as defined in Iowa Code section 815.9;
    3. The alleged parole violator, because of lack of skill or education, would have difficulty in presenting the alleged violator’s version of a disputed set of facts, particularly when presentation requires the examining or cross-examining of witnesses or the offering or dissecting of complex documentary evidence; and
    4. The alleged parole violator has a colorable claim that the alleged violation has not been committed, or there are substantial reasons which justify or mitigate the violation and make revocation inappropriate.
        (4)   If the venue is changed in a juvenile case, an order appointing the attorney in the new county must be submitted.    (5)   A new appointment order is not necessary for trial counsel to request or resist an interlocutory appeal or an application for discretionary review.    (6)   A new appointment order is not necessary to pursue or respond to a juvenile petition on appeal if the attorney was properly appointed to represent the client in juvenile court. If the original trial counsel withdraws or is removed from the case, the new appellate counsel must attach an order appointing the attorney for the appeal.    (7)   An appointment order is not necessary if the state public defender determines the appointment order is unnecessary.        c.    A copy of any application and court order authorizing the attorney to exceed the attorney fee limitations.    d.    A copy of any court order that affects the amount to be paid or the client’s right to counsel.    e.    A copy of the dispositional order, the order granting a motion to withdraw prior to disposition, procedendo, or other court order documenting the “date of service” for the claim.    f.    An itemization detailing all work performed on the case for which the attorney seeks compensation and all expenses incurred for which the attorney seeks reimbursement.    (1)   The itemization must state the date and amount of time spent on each activity. Time must be reported in tenths of an hour. Time shall be rounded to the nearest tenth of an hour. For example, an attorney spending ten minutes performing an activity shall bill 0.2 hours, while an attorney spending seven minutes performing an activity shall bill 0.1 hours. The time spent on each activity must be separately itemized, except that one or more activities on the same day, each taking less than 0.1 hours, must be aggregated together with other activities so that the aggregate amount billed is at least 0.1 hours. If an attorney performs only a single activity taking less than 0.1 hours for a client on a day, the attorney may bill 0.1 hours regardless of the precise length of time spent on the activity. If an attorney performs multiple related activities on the same day, such as multiple email or telephone exchanges, the activities must be aggregated together if separately itemizing the activities would result in claiming more time than the attorney actually spent performing the activities.    (2)   The itemization shall separately designate time claimed for in-court time, out-of-court time, paralegal time and travel time.    (3)   If another attorney performed any of the work, the itemization shall specify the name of the attorney performing each activityand the named attorney’s AT number. It is permissible to use initials representing the name, so long as an explanation is provided as to the full name for each set of initials with the itemization.    (4)   The itemization must be in chronological order.    (5)   If the attorney seeks reimbursement for expenses incurred, the itemization must separately state each expense incurred, including any specific information required by rule 493—12.8(13B).    (6)   For paper claims submitted on or before December 31, 2016, the itemization must be typed in at least 10-point type on 8 ½ ʺ × 11″ paper. For claims submitted on or after January 1, 2017, theThe itemization shall be submitted electronically via the Attorney Hours grid on the appropriate claims submission page on the online claims website. Separate electronic attachments of itemizations will not be accepted.    g.    If the attorney was privately retained to represent the client prior to appointment, a copy of any representation agreement, written notice of the dollar amount paid to the attorney, and an itemization of services performed and how any funds provided were spent during the period prior to the court appointment. The state public defender will review the amount paid and hours spent before and after the court appointment in determining the appropriate attorney compensation on the claim.

        ITEM 2.    Amend paragraph 12.2(3)"a" as follows:    a.    Adult claims.For adult claims, “date of service” means the date of filing of an order indicating that the case was dismissed or the client was acquittedor sentenced, the date of the expiration of the time for appeal from a judgment of conviction, the date of filing of an order granting a deferred judgment or prosecution, the date of filing of a final order in a postconviction relief case, the date of mistrial, the date on which a warrant was issued for the client, or the date of filing of a court order authorizing the attorney’s withdrawal from a case prior to the date of a dismissal, acquittal, sentencing, or mistrial. The filing of a notice of appeal is not a date of service; however, if a notice of appeal is filed after a conviction and the attorney moves to withdraw to have appellate counsel appointed, the date of service is the date of filing of the withdrawal order. If a motion for reconsideration is filed, either the date of filing of the motion or the date on which the court rules on that motion is the date of service. In a probation, parole or contempt proceeding, the date of service is the date of filing of the disposition order or an order granting a continued disposition. In a subsequent review or compliance proceeding under the same appointment, a new date of service is created if the new proceeding generates an order. In a probation revocation proceeding that results in the revocation of a deferred judgment, a judgment of conviction is entered and the date of service is the date of the expiration of the time for appealjudgment. For interim adult claims authorized by subrule 12.3(3) or 12.3(4), the date of service is the last day on which the attorney claimed time on the itemization of services.

        ITEM 3.    Amend subrule 12.4(1) as follows:    12.4(1)   Unless the attorney has a contract that provides for a different manner or rate of payment, the following hourly rates shall apply to payment of all claims for cases to which the attorney was appointed after June 30, 1999, and before July 1, 2006:Attorney time:Class A felonies$60/hourClass B felonies$55/hourAll other criminal cases$50/hourAll other cases$50/hourParalegal time:$25/hourUnless the attorney has a contract that provides for a different manner or rate of payment, the following hourly rates shall apply to payment of all claims for cases to which the attorney was appointed after June 30, 2006, and before July 1, 2007:Attorney time:Class A felonies$65/hourAll other criminal cases$60/hourAll other cases$55/hourParalegal time:$25/hourUnless the attorney has a contract that provides for a different manner or rate of payment, the following hourly rates shall apply to payment of all claims for cases to which the attorney was appointed after June 30, 2007, and before July 1, 2019:Attorney time:Class A felonies$70/hourClass B felonies$65/hourAll other criminal cases$60/hourAll other cases$60/hourParalegal time:$25/hourUnless the attorney has a contract that provides for a different manner or rate of payment, the following hourly rates shall apply to payment of all claims for cases to which the attorney was appointed after June 30, 2019, and before July 1, 2021:Attorney time:Class A felonies$73/hourClass B felonies$68/hourAll other criminal cases$63/hourAll other cases$63/hourParalegal time:$25/hourUnless the attorney has a contract that provides for a different manner or rate of payment, the following hourly rates shall apply to payment of all claims for cases to which the attorney was appointed after June 30, 2021, and before July 1, 2022:Attorney time:Class A felonies$76/hourClass B felonies$71/hourAll other criminal cases$66/hourAll other cases$66/hourParalegal time:$25/hourUnless the attorney has a contract that provides for a different manner or rate of payment, the following hourly rates shall apply to payment of all claims for cases to which the attorney was appointed after June 30, 2022:Attorney time:Class A felonies$78/hourClass B felonies$73/hourAll other criminal cases$68/hourAll other cases$68/hourParalegal time:$25/hour

        ITEM 4.    Amend subrule 12.5(1) as follows:    12.5(1) Maximum daily hours.  An attorney appointed as counsel or guardian ad litem must not perform services for indigent persons or submit claims to the state public defender for payment for such services for more than 12 hours of the attorney’s time in any calendar day except as provided in this subrule.    a.    An attorney may perform services for indigent persons and submit claims to the state public defender for payment for such services for more than 12 hours and less than or equal to 16 hours in a calendar day if and only if the attorney is in trial or other contested court hearing lasting more than one day or the attorney is preparing for such a trial or hearing that will be occurring within the next seven days.    b.    If an attorney performs services for indigent persons and submits claims to the state public defender for payment for such services for more than 12 hours and less than or equal to 16 hours in a calendar day, the attorney shall include with each claim form submitted to the state public defender that claims time for that date, even if the amount claimed on that claim form is less than 12 hours, a letter specifying the total hours worked for indigent persons, any additional time billed to other private clients on that date or certifying that no other time was billed to any otherprivate client, and explaining the need to work more than 12 hours.     c.    Any time claimed by an attorney appointed as counsel or guardian ad litem in excess of 12 hours on a calendar day, except as permitted by this subrule, and any time claimed in excess of 16 hours on a calendar day, shall not be paid. If the time is claimed on multiple claims, the most recently submitted claim claiming time on a particular calendar day shall be reduced so as not to pay more than the maximum authorized daily hours. If more than the maximum authorized amount is inadvertently paid by the state public defender, the attorney shall reimburse the state public defender upon written notice of the improper payment.

        ITEM 5.    Amend subrule 12.6(2) as follows:    12.6(2) Juvenile cases.  The state public defender establishes attorney fee limitations for the number of hours of attorney time that may be claimed for the following categories of juvenile and adoption cases:Delinquency (through disposition) 20Child in need of assistance (CINA) (through disposition) 20Termination of parental rights (TPR) (through disposition) 30Juvenile court review and other postdispositional court hearings 58Judicial bypass hearings 3Juvenile commitment hearings 3Juvenile petition on appeal 10Motion for further review after petition on appeal 5Representation of adopting party in adoption following Iowa5Code chapter 232, termination of parental rightsNothing in this subrule is intended to in any manner diminish, increase, or modify the state public defender’s authority to review any and all claims for services as authorized by the Iowa Code.The fee limitations are applied separately to each case, as that term is defined in rule 493—7.1(13B,815).For example, in a juvenile proceeding in which the attorney represents a parent whose four children are the subject of four child in need of assistance petitions, if the court handles all four petitions at the same time or the incident that gave rise to the child in need of assistance action is essentially the same for each child, the fee limitation for the attorney representing the parent is 20 hours for all four proceedings, not 20 hours for each one.For a child in need of assistance case that becomes a termination of parental rights case, the fee limitations shall apply to each case separately. For example, the attorney could claim up to 20 hours for the child in need of assistance case and up to 30 hours for the termination of parental rights case.In a delinquency case, if the child has multiple petitions alleging delinquency and the court handles the petitions at the same time, the fee limitation for the proceeding is the fee limitation for one delinquency.In a juvenile case in which a petition on appeal is filed, the appointed trial attorney does not need to obtain a new appointment order to pursue a petition on appeal. The claim, through the filing of a petition on appeal, must be submitted on a Juvenile form. If an appellate court orders full briefing, the attorney fee claim for services subsequent to an order requiring full briefing must be submitted on an Appellate form and is subject to the rules governing appeals.

        ITEM 6.    Amend paragraph 12.8(1)"a" as follows:    a.    Mileage for automobile travel at the rate of 3950 cents per mile. The number of miles driven each day shall be separately itemized on the itemization of services, specifying the date of the travel, the origination and destination locations, the total number of miles traveled that day and, if it is not otherwise clear from the itemization, the purpose of the travel. If the travel is to perform services for multiple clients on the same trip, the mileage must be split proportionally between each client and the itemization must note the manner in which the mileage is split. The total miles traveled for the case shall also be listed on the claim form. Other forms of transportation costs incurred by the attorney may be reimbursed only with prior approval from the state public defender.    [Filed 12/21/22, effective 2/15/23][Published 1/11/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/11/23.
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