Proposing rule making related to five-year rules review and providing an opportunity for public comment
The Administrative Services Department hereby proposes to amend Chapter 1, “Department Organization,” Chapter 4, “Public Records and Fair Information Practices,” and Chapter 6, “Agency Procedure for Rule Making”; rescind Chapter 20, “Information Technology Governance,” Chapter 25, “Information Technology Operational Standards,” and Chapter 26, “Information Technology Development Strategies and Activities”; and amend Chapter 41, “Auditing Claims,” Chapter 100, “Capitol Complex Operations,” and Chapter 118, “Purchasing Standards for Service Contracts,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 8A.104, 17A.3 and 17A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 8A.104 and 17A.7(2).Purpose and Summary This proposed rule making includes amendments in nine of the Department’s chapters of administrative rules in the Iowa Administrative Code. These amendments include updates of the Department’s organizational references in addition to processes and procedures. All are part of the Department’s five-year review of rules.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 The Department will not grant waivers under the provisions of these rules, other than as may be allowed under Chapter 9 of the Department’s rules concerning waivers. 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 February 28, 2023. Comments should be directed to: Tami Wiencek Department of Administrative Services Hoover State Office Building 1305 East Walnut Street Des Moines, Iowa 50319-0114 Phone: 515.725.2017 Fax: 515.281.6140 Email: tami.wiencek@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 paragraph 1.4(3)"b" as follows: b. Other functions.The state accounting enterprise also includes financial reporting, the I/3 programenterprise resource planning team, and centralized payroll. ITEM 2. Amend subrule 1.4(6) as follows: 1.4(6) Central procurement, and fleet, and print services enterprise. The chief operating officer of the enterprise is appointed by the director and directs the work of the enterprise. a. Central procurement is charged with procuring goods and services for agencies pursuant to Iowa Code chapter 8A. These rules and applicable Iowa Code sections apply to the purchase of goods and services of general use by any unit of the state executive branch, except any agencies or instrumentalities of the state exempted by law. b. Central procurement shall manage statewide purchasing and electronic procurement, including managing procurement of commodities, equipment and services for all state agencies not exempted by law. c. b. Fleet services is responsible for the management ofvehicle assignment, maintenance, fuel guidelines, driver guidelines, insurance, life-cycle analysis, vehicular risk, and travel requirements for state agencies not exempted by law. c. Print services is responsible for operating a centralized print facility and satellite facilities necessary to meet the printing requirements of state agencies not exempted by law. ITEM 3. Rescind subrule 4.15(10). ITEM 4. Renumber subrules 4.15(11) to 4.15(21) as 4.15(10) to 4.15(20). ITEM 5. Amend 11—Chapter 6, implementation sentence, as follows: These rules are intended to implement Iowa Code chapterchapters 8A and 17A and 2003 Iowa Code Supplement chapter 8A. ITEM 6. Rescind and reserve 11—Chapter 20. ITEM 7. Rescind and reserve 11—Chapter 25. ITEM 8. Rescind and reserve 11—Chapter 26. ITEM 9. Amend paragraph 41.5(3)"a" as follows: a. All state agencies covered by the statewide travel agency contracts may purchase airline tickets through a travel agency under contract. Agencies shall develop internal policies so that agencies purchase or direct their employees to purchase tickets from the source determined by the agency to be the best value. ITEM 10. Amend subrule 41.5(7) as follows: 41.5(7) Verification of mileage. The travel shall be by the usually traveled route. Mileage shall be based onpublished mileage published by the American Automobile Association, when available. Any variation from the published mileage should be documented in writing. ITEM 11. Rescind subrules 41.7(4) and 41.7(5). ITEM 12. Renumber subrules 41.7(6) to 41.7(8) as 41.7(4) to 41.7(6). ITEM 13. Amend paragraph 100.6(6)"a" as follows: a. Purchase from a targeted small business.An agency may purchase standard modular office systems and related components and other furniture items from a targeted small business (TSB) without further competition when the purchase will not exceed $10,000,the threshold established in 11—subrule 117.5(2), as provided in Iowa Code section 8A.311(10)“a.” ITEM 14. Amend rule 11—118.3(8A), definition of “Service,” as follows: "Service" "services" means work performed for a state agency or for its clients by a service provider and includes, but is not limited to:- Professional or technical expertise provided by a consultant, advisor or other technical or service provider to accomplish a specific study, review, project, task, or other work as described in the scope of work. By way of example and not by limitation, these services may include the following: accounting services; aerial surveys; aerial mapping and seeding; appraisal services; land surveying services; construction manager services; analysis and assessment of processes, programs, fiscal impact, compliance, systems and the like; auditing services; communications services; services of peer reviewers, attorneys, financial advisors, and expert witnesses for litigation; architectural services; information technology consulting services; services of investment advisors and managers; marketing services; policy development and recommendations; program development; public involvement services and strategies; research services; scientific and related technical services; software development and system design; and services of underwriters, physicians,and pharmacists, engineers, and architects; or
- Services provided by a vendor to accomplish routine functions. These services contribute to the day-to-day operations of state government. By way of example and not by limitation, these services may include the following: ambulance service; charter service; boiler testing; bookkeeping service; building alarm systems service and repair; commercial laundry service; communications systems installation, servicing and repair; court reporting and transcription services; engraving service; equipment or machine installation, preventive maintenance, inspection, calibration and repair; heating, ventilation and air conditioning (HVAC) system maintenance service; janitorial service; painting; pest and weed control service; grounds maintenance, mowing, parking lot sweeping and snow removal service; towing service; translation services; and travel service.
Proposing rule making related to school health services and providing an opportunity for public comment
The State Board of Education hereby proposes to amend Chapter 14, “School Health Services,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 256.7.State or Federal Law Implemented This rule making implements, in whole or in part, 2022 Iowa Acts, House Files 771, 803, and 2573.Purpose and Summary House File 771 allowed schools to obtain stock supplies of bronchodilator medication and equipment, as well as authorizing the self-administration of bronchodilator medication by students. House File 803 made changes to authorized practice by physician assistants and directed the State Board to amend certain rules in Chapter 14. House File 2573 allowed school districts to obtain prescriptions for stock opioid antagonist medication. These three pieces of legislation are addressed in this proposed rule making.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 Board for a waiver of the discretionary provisions, if any, pursuant to 281—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 Department no later than 4:30 p.m. on February 28, 2023. Comments should be directed to: Thomas Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.242.5614 Email: thomas.mayes@iowa.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: February 28, 2023 8:30 to 9:30 a.m. Room B50 Grimes State Office Building Des Moines, Iowa Via videoconference: IDOE.zoom.us/j/94994811740? pwd=SjE2REZEZDdoSTVIQ2YxcWlTMm 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 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 subrule 14.1(3) as follows: 14.1(3) A statement that persons administering medication shall include authorized practitioners, such as licensed registered nurses and physicians,physician assistants, and persons to whom authorized practitioners have delegated the administration of prescription and nonprescription drugs (who shall have successfully completed a medication administration course). Individuals who have demonstrated competency in administering their own medications may self-administer their medication. Individuals shall self-administer asthma or other airway constricting disease medication, use a bronchodilator canister or bronchodilator canister and spacer, or possess and have use of an epinephrine auto-injector with parent and physician(or physician assistant) consent on filefor each school year, without the necessity of demonstrating competency to self-administer these medications.If a student misuses this privilege, it may be withdrawn. For purposes of this chapter, “self-administration” and “medication” mean the same as defined in Iowa Code section 280.16(1). ITEM 2. Amend subrule 14.1(4) as follows: 14.1(4) A provision for a medication administration course provided by the department that is completed every five years with an annual medication administration procedural skills check completed with a registered nurse or pharmacist. A registered nurse, licensed physician assistant, or licensed pharmacist shall conduct the course. A record of course completion shall be maintained by the school. ITEM 3. Amend paragraph 14.1(7)"d" as follows: d. Medicationname and purpose, including the use of a bronchodilator canister or a bronchodilator canister and spacer or the use of an epinephrine auto-injector. ITEM 4. Amend subrule 14.2(1), definition of “Licensed health personnel,” as follows: "Licensed health personnel" means a licensed registered nurse, licensed physician,licensed physician assistant, or other licensed health personnel legally authorized to provide special health services and medications. ITEM 5. Rescind rule 281—14.3(256) and adopt the following new rule in lieu thereof:281—14.3(256) School district and accredited nonpublic school stock epinephrine auto-injector, bronchodilator canister, or bronchodilator canister and spacer voluntary supply. 14.3(1) Definitions. For the purpose of this rule, the following definitions apply: "Act" means 2015 Iowa Acts, Senate File 462, which amends Iowa Code section 280.16 and creates Iowa Code section 280.16A. "Bronchodilator" means the same as defined in Iowa Code section 280.16(1)“a.” "Bronchodilator canister" means the same as defined in Iowa Code section 280.16(1)“b.” "Department" means the department of education. "Epinephrine auto-injector" means the same as defined in Iowa Code section 280.16(1)“c.” "Licensed health care professional" means the same as defined in Iowa Code section 280.16(1)“d.” "Medication administration course" means a course approved or provided by the department that includes safe storage of medication, handling of medication, general principles, procedural aspects, skills demonstration and documentation requirements of safe medication administration in schools. "Medication error" means the failure to administer an epinephrine auto-injector to a student or individual by proper route, failure to administer the correct dosage, or failure to administer an epinephrine auto-injector, bronchodilator, or bronchodilator canister and spacer according to generally accepted standards of practice. "Medication incident" means accidental injection of an epinephrine auto-injector into a digit of the authorized personnel administering the medication. "Personnel authorized to administer epinephrine or a bronchodilator" means the same as defined in Iowa Code section 280.16A(1)“e.” "School building" means each attendance center within a school district or accredited nonpublic school where students or other individuals are present. "School nurse" means the same as defined in Iowa Code section 280.16A(1)“f.” "Spacer" means the same as defined in Iowa Code section 280.16A(1)“g.” 14.3(2) Applicability. This rule applies to and permits: a. A licensed health care professional to prescribe a stock epinephrine auto-injector, a bronchodilator canister, or a bronchodilator canister and spacer in the name of a school district or accredited nonpublic school for use in accordance with the Act and this rule; b. A pharmacist to dispense a stock supply pursuant to paragraph 14.3(2)“a”; and c. A school district or accredited nonpublic school to acquire and maintain a stock supply pursuant to paragraphs 14.3(2)“a” and 14.3(2)“b.” 14.3(3) Prescription for stock epinephrine auto-injectors, bronchodilator canisters, and bronchodilator canisters and spacers. A school district or accredited nonpublic school may obtain a prescription for epinephrine auto-injectors, bronchodilator canisters, and bronchodilator canisters and spacers from a licensed health care professional annually in the name of the school district or accredited nonpublic school for administration to a student or individual who may be experiencing an anaphylactic reaction or may require treatment for respiratory distress, asthma, or other airway constricting disease. The school district or accredited nonpublic school shall maintain the supply of such auto-injectors in a secure, dark, temperature-controlled location in each school building. If a school district or accredited nonpublic school obtains a prescription pursuant to the Act and these rules, the school district or accredited nonpublic school shall stock a minimum of one pediatric dose and one adult dose epinephrine auto-injector for each school building. A school district or accredited nonpublic school may obtain a prescription for more than the minimum and may maintain a supply in other buildings. 14.3(4) Authorized personnel and stock epinephrine auto-injector, bronchodilator canister, or bronchodilator canister and spacer administration. A school nurse or personnel trained and authorized may provide or administer an epinephrine auto-injector, bronchodilator canister, or bronchodilator canister and spacer from a school supply to a student or individual in circumstances authorized by Iowa Code section 280.16. a. Pursuant to Iowa Code section 280.23, authorized personnel will submit a signed statement to the school nurse stating that the authorized personnel agree to perform the service of administering a stock epinephrine auto-injector to a student or individual who may be experiencing an anaphylactic reaction or administering a bronchodilator canister or a bronchodilator canister and spacer to a student or individual experiencing respiratory distress, asthma, or other airway constricting disease. b. Emergency medical services (911) will be contacted immediately after a stock epinephrine auto-injector is administered to a student or individual, and the school nurse or authorized personnel will remain with the student or individual until emergency medical services arrive. c. The administration of an epinephrine auto-injector, a bronchodilator, or a bronchodilator canister and spacer in accordance with this rule is not the practice of medicine. 14.3(5) Stock epinephrine auto-injector, bronchodilator, or bronchodilator canister and spacer training. School employees may obtain a signed certificate to become authorized personnel. a. Training to obtain a signed certificate may be accomplished by: (1) Successfully completing, every five years, the medication administration course provided by the department; (2) Annually demonstrating to the school nurse a procedural return-skills check on medication administration; (3) Annually completing an anaphylaxis training program approved by the department; (4) Demonstrating to the school nurse a procedural return-skills check on the use of an epinephrine auto-injector using information from the training, using authorized prescriber instructions regarding the administration of the stock epinephrine auto-injector, and as directed by the prescription epinephrine auto-injector’s manufacturing label; and (5) Providing to the school nurse a signed statement, pursuant to Iowa Code section 280.23, that the person agrees to perform the service of administering a stock epinephrine auto-injector to a student or individual who may be experiencing an anaphylactic reaction or administering a bronchodilator canister or a bronchodilator canister and spacer to a student or individual experiencing respiratory distress, asthma, or other airway constricting disease. b. Training required after a medication error or medication incident. Authorized personnel or the school nurse directly involved with a medication error or medication incident involving the administration of stock epinephrine auto-injectors, bronchodilators, or bronchodilator canisters and spacers shall be required to follow the medication error or medication incident protocol adopted by the board of directors of the school district or authorities in charge of the school district or accredited nonpublic school. To retain authorization to administer stock epinephrine auto-injectors, bronchodilators, or bronchodilator canisters and spacers in the school setting, authorized personnel directly involved with a medication error or medication incident will be required to provide a procedural skills demonstration to the school nurse demonstrating competency in the administration of stock epinephrine auto-injectors, bronchodilators, or bronchodilator canisters and spacers. 14.3(6) Procurement and maintenance of stock epinephrine auto-injector, bronchodilator, or bronchodilator canister and spacer supplies. A school district or accredited nonpublic school may obtain a prescription to stock, possess, and maintain epinephrine auto-injectors, bronchodilators, or bronchodilator canisters and spacers. a. Stock epinephrine auto-injectors, bronchodilator canisters, and bronchodilator canisters and spacers shall be stored in a secure, easily accessible area for an emergency within the school building, or in addition to other locations as determined by the school district or accredited nonpublic school, that is dark and maintained at room temperature (between 59 to 86 degrees Fahrenheit) or in accordance with the manufacturing label of the stock epinephrine auto-injector, bronchodilator canister, or bronchodilator canister and spacer. b. A school district or school will designate an employee to routinely check stock epinephrine auto-injectors, bronchodilator canisters, and bronchodilator canisters and spacers and document the following in a log monthly throughout the calendar year: (1) The expiration date; (2) Any visualized particles, for epinephrine auto-injectors; or (3) Color change. c. The school district or school shall develop a protocol to replace as soon as reasonably possible any logged epinephrine auto-injector, bronchodilator canister, or bronchodilator canister and spacer that is used, is close to expiration, or is discolored or has particles visible in the liquid. 14.3(7) Disposal of used stock epinephrine auto-injectors, bronchodilators, or bronchodilator canisters and spacers. The school district or school that administers epinephrine auto-injectors, bronchodilators, or bronchodilator canisters and spacers shall dispose of used cartridge injectors as infectious waste pursuant to the department’s medication waste guidance and bronchodilators or bronchodilator canisters and spacers pursuant to the department’s medication waste guidance. For purposes of this rule, a multi-use bronchodilator canister is considered “used” when it no longer contains sufficient active ingredient to be medically useful. 14.3(8) Reporting. A school district or school that obtains a prescription for stock medications under this rule shall report to the department within 48 hours, using the reporting format approved by the department, each medication incident with the administration of stock epinephrine; medication error with the administration of a stock epinephrine injector, bronchodilator canister, or bronchodilator canister and spacer; or administration of a stock epinephrine auto-injector. 14.3(9) School district or accredited nonpublic school policy. A school district or school may stock epinephrine auto-injectors, bronchodilator canisters, or bronchodilator canisters and spacers. The board of directors in charge of the school district or authorities in charge of the accredited nonpublic school that stocks epinephrine auto-injectors, bronchodilator canisters, or bronchodilator canisters and spacers shall establish a policy and procedure for the administration of a stock epinephrine auto-injector, bronchodilator canister, or bronchodilator canister and spacer, which shall comply with the minimum requirements of this rule. 14.3(10) Rule of construction. This rule shall not be construed to require school districts or accredited nonpublic schools to maintain a stock of epinephrine auto-injectors, bronchodilator canisters, or bronchodilator canisters and spacers. An election not to maintain such a stock shall not be considered to be negligence. 14.3(11) Opioid antagonists. A school district may obtain a valid prescription for an opioid antagonist and maintain a supply of opioid antagonists in a secure location at each location where a student may be present for use as provided in this rule. Any school district which does so must comply with rules and procedures adopted by the department of health and human services.ARC 6875CEducation Department[281]Notice of Intended ActionProposing rule making related to family support mentoring program and providing an opportunity for public comment
The State Board of Education hereby proposes to amend Chapter 41, “Special Education,” and Chapter 120, “Early Access Integrated System of Early Intervention Services,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 256.7.State or Federal Law Implemented This rule making implements, in whole or in part, 2022 Iowa Acts, House File 604.Purpose and Summary House File 604 required the Department of Education to establish and, for each year in which there is an appropriation, implement a “comprehensive family support mentoring program that meets the language and communication needs of families.” House File 604 also required the Department to establish rules to implement this program, regardless of whether there is an appropriation. This proposed rule making fulfills the requirements of the legislation. During the drafting of these proposed rules, the Department received information from representatives of the Iowa School for the Deaf, the Iowa Department of Public Health, and Iowa’s area education agencies. Those representatives concur in the content of these proposed rules.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 Board for a waiver of the discretionary provisions, if any, pursuant to 281—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 Department no later than 4:30 p.m. on February 28, 2023. Comments should be directed to:Thomas Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.242.5614 Email: thomas.mayes@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. Adopt the following new rule 281—41.329(256B,34CFR300):281—41.329(256B,34CFR300) Family support mentoring program. If moneys are appropriated by the general assembly for a fiscal year for the purpose provided in this rule, the department shall develop guidelines for a comprehensive family support mentoring program that meets the language and communication needs of families, or implement them if guidelines already exist. The department, in consultation with the Iowa school for the deaf, shall administer the family support mentoring program for deaf or hard-of-hearing children. 41.329(1) General department powers. In establishing the family support mentoring program, the department may do all of the following, either directly or through a contract or agreement: a. Hire a family support mentoring coordinator. b. Utilize the parent resource created in Iowa Code section 256B.10(2) as well as other resources to provide families with information and guidance on language, communication, social, and emotional development of their child. c. Recruit family support mentors to serve the needs of the family support mentoring program. d. Train parents of a deaf or hard-of-hearing child to become family support mentors and train deaf or hard-of-hearing adults to become deaf or hard-of-hearing adult family support mentors. e. Reach out to parents of children identified through the early hearing detection and intervention program in the Iowa department of public health and share information about the family support mentoring program services available to such parents. f. Reach out to families referred by primary care providers, the area education agencies, and from other agencies that provide services to deaf or hard-of-hearing children. g. Provide follow-up contact, as necessary, to establish services after initial referral. h. Provide administrative oversight of any program established under this rule. Administrative oversight may include: (1) Review of the qualifications of mentors; (2) Alignment of family needs with paired mentors; (3) Administration and analysis of satisfaction surveys; and (4) Gathering demographic data of those served, such as ages and geographic location of children. 41.329(2) Collaboration. a. The department shall work with the early hearing detection and intervention program in the Iowa department of public health, the Iowa school for the deaf, and the area education agencies when developing the guidelines. b. The department shall coordinate family support mentoring activities with the early hearing detection and intervention program in the Iowa department of public health, the Iowa school for the deaf, the area education agencies, and nonprofit organizations that provide family support mentoring to parents with deaf or hard-of-hearing children. 41.329(3) Nature of the program. a. A family support mentor may be any of the following: (1) A parent who has experience raising a child who is deaf or hard-of-hearing and who has experience supporting the child’s communication and language development. (2) A deaf or hard-of-hearing adult who serves as a deaf or hard-of-hearing role model for the children and their families. Deaf or hard-of-hearing family support mentors may provide parents with an understanding of American sign language and English, including instructional philosophies for both, such as bilingual bimodal, listening and spoken language, total communication, and other philosophies, as well as other forms of communication, deaf culture, deaf community, and self-identity. (3) The department will ensure mentors are qualified to provide supports that match the specific needs, experiences, and desires of families of children who are deaf or hard-of-hearing. (4) Nothing in this rule shall be construed to create or require any credential or certification to serve as a family support mentor. b. With the consent of the parent of the deaf or hard-of-hearing child, the family support mentoring program shall pair families based on the specific need, experience, or want of the parent of the deaf or hard-of-hearing child with another family mentor or deaf or hard-of-hearing adult mentor to provide support. c. The family support mentoring program under this rule shall meet the following additional standards: (1) Serve families of children who are deaf or hard-of-hearing from the child’s birth through age 8, and may serve learners up to age 21; (2) Provide services statewide, regardless of educational setting of the child; (3) Make services available to families based on their specific need, experience, or want; (4) Make services available to all children who are deaf or hard-of-hearing and their families, regardless of children’s eligibility for other programs, including Section 504 of the Rehabilitation Act of 1973; and (5) Not condition receipt of services under this rule upon eligibility under this chapter or 281—Chapter 120. 41.329(4) Rule of construction. This rule only applies in a fiscal year for which there is an appropriation by the general assembly. ITEM 2. Adopt the following new rule 281—120.347(256B,34CFR303):281—120.347(256B,34CFR303) Family support mentoring program. Rule 281—41.329(256B,34CFR300) is incorporated herein by this reference. This rule is intended to implement Iowa Code section 256B.10. ARC 6876CEducation Department[281]Notice of Intended ActionProposing rule making related to child development coordinating council and educational support programs for parents of children who are at risk and providing an opportunity for public comment
The State Board of Education hereby proposes to amend Chapter 64, “Child Development Coordinating Council,” and Chapter 67, “Educational Support Programs for Parents of At-Risk Children Aged Birth Through Five Years,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 279.51.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 279.51.Purpose and Summary After a review of Chapters 64 and 67, the Department proposes this rule making, which provides greater flexibility for grantee uses of funds, repeals obsolete language, uses preferred “person first” language, and makes changes to align the rules with the underlying Iowa Code section (such as clarifying the respective authority between the Department and the Child Development Coordinating Council).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 Board for a waiver of the discretionary provisions, if any, pursuant to 281—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 Department no later than 4:30 p.m. on February 28, 2023. Comments should be directed to: Thomas Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.242.5614 Email: thomas.mayes@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 rule 281—64.2(256A,279), definition of “Low-income family,” as follows: "Low-income family" means a family who meets the financial eligibility criteria for freeand reduced price meals offered under the child nutrition program. ITEM 2. Amend rule 281—64.6(256A,279) as follows:281—64.6(256A,279) Eligibility identification procedures. In a year in which funds are made available by the Iowa legislature, the council shall grant awards on a competitive basis to child development programs for three- and four-year-old children who are at risk and public school child development programs for three-, four-, and five-year-old children who are at risk. Competitive grants will be awarded with a renewal option for up to five years when grantees meet program requirements. If program requirements are not met, thecouncil shall advise the department mayto discontinue grant funding at the start of the following fiscal year. ITEM 3. Amend subrule 64.8(1) as follows: 64.8(1) Criteria. Up to 20 percent of the available funded child development enrollment slots for at-risk may be filled by children who are three or four years of age on or before September 15 or public school enrollment slots by children who are three, four, or five years of age on or before September 15; are above the income eligibility guidelines provided that they are served on a sliding fee schedule determined at the local level; and are eligible according to one or more of the following criteria if the child:- Is functioning below chronological age in two or more developmental areas, one of which may be English proficiency, as determined by an appropriate professional;
- Was born at biological riskwith one or more factors that are established as high risk for developmental delay, such asvery low birth weight (under 1500 grams—approximately three pounds) or with a diagnosed medical disorder,conditions such as spina bifida, or Down’sDown syndrome, or other genetic disorders;
- Was born to a parent who was under the age of 18; or
- Resides in a household where one or more of the parents or guardianguardians:
- Has other special circumstances, such as foster care or being homeless.
- Children who are abused.
- Children functioning below chronological age in two or more developmental areas, one of which may be English proficiency, as determined by an appropriate professional.
- Children born with an established biological risk factorone or more factors that are established as high risk for developmental delay, such as very low birth weight (under 1500 grams—approximately three pounds) or with conditions such as spina bifida, Down’sDown syndrome, or other genetic disorders.
- Children born to a parent who was under the age of 18.
- Children residing in a household where one or more of the parents or guardianguardians:
- Has not completed high school;
- Has been identified as a substance abuseruse disorder;
- Has been identified as chronically mentally illa chronic mental illness;
- Is incarcerated;
- Is illiterateHas low literacy skills;
- IsHas ahistory of child abuser or spouse abuserspouse abuse; or
- Is an English learner.
- Children having other special circumstances, such as foster care or being homeless.
- Identification of parents of at-risk childrenwho are at risk.
- Positive family focus.
- Educational support programs to provide family services.
- Community and interagency coordination.
- Overall program evaluation.
- Letters of community support.
- Program budget (administrative) costs not to exceed 10 percent of total award).
- Demographic information on parents and children served.
- Qualifying criteria for those parents receiving educational support services.
- Documentation of the number of contact hours in either individual or group sessions with parents.
- Documentation of the type of educational support service provided to parents.
- Indication of where the services were provided, i.e., home, school or community facility.
- Evaluation of how each project goal and objective was met, on what timeline, and with what success rate.
- Record of expenditures and an annual audit.Grant funding is to support direct services to families and their children to the fullest extent possible.
- Other information specified by the departmentcouncil necessary to the overall evaluation.
Proposing rule making related to area education agency accreditation standards and providing an opportunity for public comment
The State Board of Education hereby proposes to amend Chapter 72, “Accreditation of Area Education Agencies,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 256.7.State or Federal Law Implemented This rule making implements, in whole or in part, 2001 Iowa Acts, House File 637, and 2010 Iowa Acts, Senate File 2088.Purpose and Summary This proposed rule making adds missing required elements to the rule on area education agency accreditation standards.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 Board for a waiver of the discretionary provisions, if any, pursuant to 281—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 State Board no later than 4:30 p.m. on February 28, 2023. Comments should be directed to: Thomas Mayes Department of Education Grimes State Office Building, Second Floor 400 East 14th Street Des Moines, Iowa 50319-0146 Phone: 515.242.5614 Email: thomas.mayes@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 action is proposed:
ITEM 1. Adopt the following new subrules 72.4(10) to 72.4(12): .(10) The AEA shall maintain a program and services evaluation and reporting system, consistent with the requirements of this chapter. .(11) The AEA shall provide support for school district libraries in accordance with Iowa Code section 273.2(4). .(12) The AEA shall provide support for early childhood service coordination for families and children to meet health, safety, and learning needs, including service coordination under 281—Chapter 120.ARC 6884CEnvironmental Protection Commission[567]Notice of Intended ActionProposing rule making related to biofuel compatibility with underground storage tanks and providing an opportunity for public comment
The Environmental Protection Commission (Commission) hereby proposes to amend Chapter 135, “Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in 2022 Iowa Acts, House File 2128, section 32, signed by Governor Kim Reynolds on May 17, 2022.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 455G as amended by 2022 Iowa Acts, House File 2128.Purpose and Summary Chapter 135 regulates underground storage tanks used for the storage of regulated substances. This proposed rule making will align the administrative rules in that chapter with 2022 Iowa Acts, House File 2128, which recently amended Iowa Code chapter 455G. The legislation requires that all new, replacement, or converted gasoline or diesel fuel storage and dispensing infrastructure be compatible with E-85 and B-20, respectively.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.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 28, 2023. Comments should be directed to:Keith Wilken, Supervisor Underground Storage Tank Section Iowa Department of Natural Resources Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Email: keith.wilken@dnr.iowa.gov Public 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 28, 2023 1 p.m.Conference Room 5 West 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 paragraph 135.4(3)"b" as follows: b. Owners and operators must have a UST installer licensed under 567—Chapter 134, Part C, submit the department’s checklist for equipment compatibility for the UST system to the departmentat least 30 days prior to switching to a regulated substance containing greater than 10 percent ethanol or greater than 20 percent biodiesel, or any other regulated substance identified by the department. ITEM 2. Adopt the following new paragraph 135.4(3)"c": c. A retail dealer, as defined in Iowa Code section 214A.1, must show compliance with the requirements of Iowa Code sections 455G.32 and 455G.33, if applicable, by submitting and maintaining the applicable reporting and record-keeping documentation listed in subparagraphs 135.4(5)“a”(10) and 135.4(5)“a”(11) and subparagraphs 135.4(5)“b”(12) and 135.4(5)“b”(13). ITEM 3. Amend subparagraph 135.4(5)"a" as follows: (9) Notification prior to UST systems switching to certain regulated substances.; ITEM 4. Adopt the following new subparagraph 135.4(5)"a": (10) Documentation establishing compatibility and capability as required in Iowa Code section 455G.32, if applicable; ITEM 5. Adopt the following new subparagraph 135.4(5)"a": (11) Documentation establishing compatibility and capability as required in Iowa Code section 455G.33, if applicable. ITEM 6. Amend subparagraph 135.4(5)"b" as follows: (11) Documentation of compliance for spill and overfill prevention equipment and containment sumps used for interstitial monitoring of piping (135.4(12)).; ITEM 7. Adopt the following new subparagraph 135.4(5)"b": (12) Documentation establishing compatibility and capability as required in Iowa Code section 455G.32, if applicable; ITEM 8. Adopt the following new subparagraph 135.4(5)"b": (13) Documentation establishing compatibility and capability as required in Iowa Code section 455G.33, if applicable.ARC 6878CInspections and Appeals Department[481]Notice of Intended ActionProposing rule making related to hospice license standards and providing an opportunity for public comment
The Inspections and Appeals Department hereby proposes to amend Chapter 53, “Hospice License Standards,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 135J.7.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 17A.7(2) and 135J.7 and 2022 Iowa Acts, House File 803.Purpose and Summary The Department completed a comprehensive review of Chapter 53 in accordance with the requirement in Iowa Code section 17A.7(2), and the proposed amendments update the chapter to align with current practices, terminology, and federal requirements. The proposed amendments also add “physician assistant” to the attending physician qualifications in accordance with 2022 Iowa Acts, House File 803.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 February 28, 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 rule 481—53.1(135J), definitions of “Bereavement service” and “Home care provider,” as follows: "Bereavement service" is support offered during the bereavement period to the family and friends of someone who has diedemotional, psychosocial, and spiritual support and services provided before and after the death of the patient to assist with issues related to grief, loss, and adjustment. "Home care provider" means a care agency that contracts with the hospice to provide services in the home of the hospice patient. The providers may include, but are not limited to, home healthhospice aides, homemakers, nurses, occupational therapists or physical therapists. ITEM 2. Amend subrule 53.2(3) as follows: 53.2(3) Each hospice seeking licensure is surveyed before the initial license is issued and biennially before a license is renewedat least every 36 months thereafter. ITEM 3. Amend subrule 53.2(5) as follows: 53.2(5) Hospices certified as Medicare providers by the department or accredited by the Joint Commission on the Accreditation of Health Organizationsan organization approved by the Centers for Medicare and Medicaid Services for federal certification will be licensed without inspection. ITEM 4. Rescind paragraph 53.4(1)"e". ITEM 5. Reletter paragraphs 53.4(1)"f" to 53.4(1)"j" as 53.4(1)"e" to 53.4(1)"i". ITEM 6. Amend relettered paragraphs 53.4(1)"e" and 53.4(1)"f" as follows: e. Provide for medical direction by a licensed physician, including naming a qualified physician to be available in the medical director’s absence; f. Provide appropriate, qualified personnel in sufficient quantity to ensure availability of hospice services listed below,. Physician and nursing services and the provision of appropriate drugs shall be available 24 hours a day, seven days a week; ITEM 7. Amend subrules 53.5(1) and 53.5(2) as follows: 53 53.5 5(1) At least quarterly, theThe medical director, patient coordinator and social worker used by the hospice program shall review a minimum of a 10 percent sample of combined active and inactive clinical records of care delivered to hospice patients and familieson a periodic and ongoing basis. A written summary shall be prepared for each individual assessment, commenting on the amount and kind of care delivered and including statements addressing any unmet needs. 53 53.5 5(2) At least quarterly, allAll summaries of individual assessments shall be reviewed by the people responsible for coordinating quality assuranceon a periodic and ongoing basis. A written report will be prepared addressing any identified problems with care, treatment services, availability of services and methods of care delivery. ITEM 8. Amend rule 481—53.6(135J) as follows:481—53.6(135J) Attending physician services. The patient or family shall designate an attending physicianor physician assistant who is responsible for managing necessary medical care. The attending physician shall:- Have an active Iowa license to practice medicine pursuant to Iowa Code chapter 148, 150 or 150Aor 148C;
- Certify in conjunction with the medical director that each person requesting admittance is eligible as required by Iowa Code section 135J.1(3) for hospice care;
- Be responsible for the medical component of the plan of care;
- Participate in developing and revising the plan of care;
- Arrange for continuity of the medical management in the attending physician’s absence; and
- Monitor the condition of the patient and family by direct contact, or communication with the interdisciplinary team (IDT) and others.
- Be a member of the interdisciplinary team;
- Monitor the quality of care provided;
- Assist in providing assurance of the quality of care provided to the patient and family;
- Maintain liaison with the attending physician;
- Review clinical material from the patient’s attending physician to certify the prognosis as anticipated by that physician;
- Participate in providing direction for the medical component of care;
- Participate in resolving conflicts regarding care to be provided;and
- Name a qualified physician to be available in the medical director’s absence; and
- 9Participate in the development and review of patient and family care policies, procedures and protocols.
Proposing rule making related to alcoholic beverage licensing and providing an opportunity for public comment
The Inspections and Appeals Department hereby proposes to amend Chapter 100, “General Provisions for Social and Charitable Gambling,” Chapter 103, “Bingo,” and Chapter 105, “Registered Amusement Devices,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 10A.104(10) and 99B.2.State or Federal Law Implemented This rule making implements, in whole or in part, 2022 Iowa Acts, Senate File 2374.Purpose and Summary The proposed amendments to Chapters 100, 103, and 105 are responsive to 2022 Iowa Acts, Senate File 2374. The legislation revised alcoholic beverage licensing, including references to alcoholic beverage license categories in Iowa Code chapter 99B. Thus, rules implementing Chapter 99B require conforming updates. The proposed amendments also eliminate unrelated redundancy, remove an outdated website reference, remove an outdated licensing example, update a citation to legislation to instead reference the codified Iowa Code section, and update a citation that led to a repealed Iowa Code section.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.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 28, 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. Rescind the definition of “Responsible party” in rule 481—100.1(99B). ITEM 2. Amend paragraph 100.4(3)"c" as follows: c. A license will not be issued if there is a current revocation of either a gambling or a liquorretail alcohol license for the location named on the license application. ITEM 3. Amend subrule 100.4(5) as follows: 100.4(5) Violations of gambling law or Iowa alcoholic beverage control Act. Violation of gambling law or the Iowa alcoholic beverage control Act(Iowa Code chapter 123) affects whether a gambling license is issued. a. The applicant may have no more than two convictions of or guilty pleas to serious or aggravated misdemeanors in the last two years. This includes any combination of serious or aggravated misdemeanors. b. No liquorretail alcohol license shall have been suspended within the last 12 months because of a conviction of or guilty plea to a criminal violation of the Iowa alcoholic beverage control Act (Iowa Code chapter 123). c. No liquorretail alcohol license shall have been revoked because of a conviction of or guilty plea to a criminal violation of the Iowa alcoholic beverage control Act. d. No applicant shall have been convicted of a felony, federal or state, within five years of the date of the application. For felony convictions more than five years prior to the date of the application, citizenship rights must have been restored in order for the application to be considered. ITEM 4. Amend rule 481—100.6(99B) as follows:481—100.6(99B) Payment systems. Licensees allowing participants to make payment by debit card, as authorized by Iowa Code section 99B.5, shall ensure that payment systems comply with all applicable federal and state laws regarding payment card processing and the protection of personal information. Licensees conducting amusement concessions at a fair and allowing participants to make payment by credit card, as authorized by 2018 Iowa Acts, House File 2417, section 1Iowa Code section 99B.5(2), shall ensure that payment systems comply with all applicable federal and state laws regarding payment card processing and the protection of personal information. ITEM 5. Amend subrule 103.2(4) as follows: 103.2(4) Examples. The following are examples of circumstances affecting whether a license is granted. a. Qualified organization X applies for and is issued a two-year license to conduct bingo occasions at 313 Cherry Street, Des Moines, Iowa. The license is effective from August 1, 2017, to July 31, 2019. On October 1, 2017, qualified organization Y applies for a 14-day limited license to conduct bingo at the same location. The license is approved and issued because a limited license can be issued for the same location used for a two-year bingo license. b. a. Qualified organization ABC applies for and is issued a two-year qualified organization license to conduct bingo at 1002 West 2nd Avenue in Jones Town, Iowa. The license is effective from October 1, 2017, to September 30, 2019. On November 15, 2017, qualified organization EFG applies for a two-year qualified organization license for the same location. A license may be issued to organization EFG for the same location during the same period to conduct any games of chance, games of skill or raffles. Organization EFG shall not conduct bingo at the location. c. b. Hometown Community School applies for and is issued a two-year qualified organization license to conduct games of skill, games of chance and raffles at the grade school building. The license is effective from September 1, 2017, to August 31, 2019. During the time that the Hometown Community School license is in effect, the school-sponsored pep club applies for a 14-day limited license to conduct games of skill at the grade school building. The school-sponsored pep club may be issued a limited license for the same location during the same time. Under this example, the school-sponsored pep club would not be required to obtain a separate license, because school-affiliated organizations may operate separate events under a school’s two-year license. ITEM 6. Amend rule 481—103.9(99B) as follows:481—103.9(99B) Location. Bingo occasions may be conducted on premises either owned or leased by the qualified organization.- All buildings in which bingo occasions are conducted must meet state or local standards for occupancy and safety.
- The name of the licensee shall be posted on the sign of each building or location where bingo occasions are held.
- A name which is closely associated with the licensee and which clearly identifies the lawful uses of the proceeds may also be used. Generic-type names, such as “Nelson Street Bingo” or “Uncle Bob’s Bingo,” shall not be used.
- The rent shall not be related to nor be a percentage of the receipts.
- The licensee may terminate any lease or rental agreement without paying a penalty or forfeiting money or a deposit. Damage deposit money is excepted.
- Alcoholic beverages may be served in a bingo location if that location possesses a beer permit or liquor license.
- 7The lessor of the building shall not participate in conducting bingo.
- 8During a bingo occasion, the lessor shall not sell any beverage, food or any other merchandise in the room in which bingo is played.
- 9Only one licensed qualified organization may conduct bingo occasions within the same structure or building.
- If the amusement device needs to be repaired, the owner may repair it without losing the registration position or buying a new registration tag. A repair constitutes any changes to a device as long as the type of game and the number of devices in a location is not changed.
- If the amusement device needs to be replaced because it is defective, it must be replaced with the same game in order to keep the registration position.
- The amusement device cannot be moved from one location to another under a Class “B” or a Class “C” beer permit“E” retail alcohol license, even if the number of registered devices at a location does not change.
- If a location with a Class “B” or a Class “C” beer permit“E” retail alcohol license had only one amusement device registered on April 28, 2004, the maximum number of devices allowed at that location shall be one.
- If the amusement device needs to be repaired, it may be repaired without the loss of the device’s registration position.
- If the amusement device is defective and needs to be replaced, it can be replaced with the same game under the original registration without the incurring of additional charges.
- If the amusement device is replaced with a new amusement device that has a different game, before the device is moved to the premises, the process for initial registration shall be followed pursuant to this chapter and Iowa Code chapter 99B. The replacement of the amusement device creates an amusement device registration availability, and the position will be offered to the next person on the waiting list pursuant to this rule.
- Conviction for illegal gambling may result under the provisions of Iowa Code chapter 725.
- Suspension or revocation of a wine or beer permit or of a liquorretail alcohol license may result under the provisions of Iowa Code chapter 123.
- Property may be forfeited under the provisions of Iowa Code chapter 809.
- Violation of any laws pertaining to gambling may result in suspension or revocation of a registration as prescribed in Iowa Code section 99B.55.
- Unless otherwise prescribed in Iowa Code section 99B.55, a registration may be revoked upon the violation of any gambling law, rule or regulation, including Iowa Code chapter 99B, 481—Chapter 104, or this chapter.
- A registration may be revoked if the registrant or an agent of the registrant engages in any act or omission that would have permitted the department to refuse to issue a registration under Iowa Code chapter 99B.
- A person under the age of 21 shall not participate in the operation of an electrical or mechanical amusement device that is required to be registered. A person who violates the provisions of Iowa Code section 99B.57 commits a scheduled violation under Iowa Code section 805.8C(4).
Proposing rule making related to occupational health and safety penalties for citations and providing an opportunity for public comment
The Labor Commissioner hereby proposes to amend Chapter 3, “Posting, Inspections, Citations and Proposed Penalties,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 91.6.State or Federal Law Implemented This rule making implements, in whole or in part, 29 U.S.C. 667(c)(2) (OSH Act of 1970).Purpose and Summary Iowa’s Occupational Safety and Health Administration (Iowa OSHA) is required to be at least as effective as federal OSHA. The proposed amendment to Chapter 3 aligns Iowa’s penalties for occupational safety and health citations with the corresponding federal OSHA penalties by making mandatory annual cost-of-living adjustments.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 Commissioner for a waiver of the discretionary provisions, if any, pursuant to 875—Chapter 5.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 Commissioner no later than 4:30 p.m. on February 28, 2023. Comments should be directed to: Lanny Zieman Division of Labor Services 150 Des Moines Street Des Moines, Iowa 50309 Email: lanny.zieman@iwd.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 action is proposed:
ITEM 1. Amend subrule 3.11(1) as follows: 3.11(1) The civil penalties proposed by the labor commissioner on or after June 1, 20222023, are as follows: a. Willful violation.The penalty for each willful violation under Iowa Code section 88.14(1) shall not be less than $10,360$11,162 and shall not exceed $145,027$156,259. b. Repeated violation.The penalty for each repeated violation under Iowa Code section 88.14(1) shall not exceed $145,027$156,259. c. Serious violation.The penalty for each serious violation under Iowa Code section 88.14(2) shall not exceed $14,502$15,625. d. Other-than-serious violation.The penalty for each other-than-serious violation under Iowa Code section 88.14(3) shall not exceed $14,502$15,625. e. Failure to correct violation.The penalty for failure to correct a violation under Iowa Code section 88.14(4) shall not exceed $14,502$15,625 per day. f. Posting, reporting, or record-keeping violation.The penalty for each posting, reporting, or record-keeping violation under Iowa Code section 88.14(9) shall not exceed $14,502$15,625.ARC 6874CPharmacy Board[657]Notice of Intended ActionProposing rule making related to controlled and precursor substances and providing an opportunity for public comment
The Board of Pharmacy hereby proposes to amend Chapter 10, “Controlled Substances,” and Chapter 12, “Precursor Substances,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 124.201 and 124B.2(2).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 124.201 and 124B.2(2).Purpose and Summary This proposed rule making temporarily adds four substances (three stimulants and one opiate) to Schedule I, excludes one substance from Schedule II, and adds one substance as a precursor substance to the Iowa Controlled Substances Act in response to similar action taken by the federal Drug Enforcement Administration.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, pursuant to 657—Chapter 34. 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 February 28, 2023. Comments should be directed to: Sue Mears Board of Pharmacy 400 S.W. 8th Street, Suite E Des Moines, Iowa 50309 Email: sue.mears@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 10.39(7) as follows: 10.39(7) Amend Iowa Code section 124.204(6) by adding the following new paragraphparagraphs:i. 4,4’-Dimethylaminorex. Other names: 4,4’-DMAR; 4,5-dihydro-4-methyl-5-(4-methylphenyl)-2-oxazolamine; 4-methyl-5-(4-methylphenyl)-4,5-dihydro-1,3-oxazol-2-amine.j. Amineptine (7-[(10,11-dihydro-5H-dibenzo[alpha,delta]cyclohepten-5-yl)amino]heptanoic acid).k. Mesocarb (N-phenyl-N’-(3-(1-phenylpropan-2-yl)-1,2,3-oxadiazol-3-ium-5-yl)carbamimidate).l. Methiopropamine (N-methyl-1-(thiophen-2-yl)propan-2-amine). ITEM 2. Adopt the following new subrule 10.39(9): 10.39(9) Amend Iowa Code section 124.206(2)“d” by adding the following new subparagraph: (3) [\18\F]FP-CIT. ITEM 3. Adopt the following new subrule 10.39(10): 10.39(10) Amend Iowa Code section 124.204(2) by adding the following new paragraph: cn. 1-methoxy-3-[4-(2-methoxy-2-phenylethyl)piperazin-1-yl]-1-phenylpropan-2-ol. Other name: Zipeprol. ITEM 4. Amend subrule 12.1(1) as follows: 12.1(1) Amend Iowa Code section 124B.2(1) by adding the following new paragraphs: ae. 3,4-MDP-2-P methyl glycidate (PMK glycidate) and its optical and geometric isomers. af. 3,4-MDP-2-P methyl glycidic acid (PMK glycidic acid) and its salts, optical and geometric isomers, and salts of isomers. ag. Alpha-phylacetoacetamide (APAA) and its optical isomers. ah. Methyl alpha-phenylacetoacetate (other names: MAPA; methyl 3-oxo-2-phenylbutanoate) and its optical isomers. ai. 1-boc-4-AP (tert-butyl 4-(phenylamino)piperidine-1-carboxylate) and its salts.ARC 6882CRevenue Department[701]Notice of Intended ActionProposing rule making related to electronic signatures and providing an opportunity for public comment
The Revenue Department hereby proposes to amend Chapter 8, “Forms and Communications,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 421.14 and 422.68.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 422.21.Purpose and Summary Paragraph 8.5(2)“b” currently lists a requirement for electronic return originators to use a process for electronic signatures that is much more stringent than the current practice of the Department. The proposed amendment changes the language of the rule to align with current practice.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 701—7.28(17A). 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 February 28, 2023. Comments should be directed to: Abigail Sills Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306 Phone: 515.336.1140 Email: abigail.sills@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 action is proposed:
ITEM 1. Amend paragraph 8.5(2)"b" as follows: b. Electronic signature via remote transaction. Before a taxpayer electronically signs a Declaration for e-File Return form in which the ERO is not physically present with the taxpayer, the ERO must record the name, social security number, address and date of birth of the taxpayer. The ERO must verify that the name, social security number, address, date of birth and other personal information of the taxpayer on record are consistent with the information provided through record checks with the applicable agency or institution or through credit bureaus or similar databases. This process is not necessary for handwritten signatures on a Declaration for e-File Return form sent to the ERO by hand delivery, U.S. mail, private delivery service, fax, email or an Internet site.In lieu of in-person handwritten signatures, a paid preparer, at the discretion of the taxpayer, may collect taxpayers’ electronic signatures remotely by a process using identity verification and audit trail in the manner that the IRS allows for Form 8879. ARC 6886CSecretary of State[721]Notice of Intended ActionProposing rule making related to five-year review of rules and providing an opportunity for public comment
The Secretary of State hereby proposes to amend Chapter 1, “Description of Organization,” Chapter 2, “Rules of Practice,” Chapter 3, “Administrative Hearings,” Chapter 4, “Forms,” Chapter 30, “Uniform Commercial Code,” Chapter 40, “Corporations,” Chapter 42, “Athlete Agent Registration,” Chapter 43, “Notarial Acts,” and Chapter 45, “Mechanics’ Notice and Lien Registry,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 17A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 17A.7.Purpose and Summary The proposed changes are intended to do the following: Item 1: Amend subrule 1.1(1) by clarifying the location of the Secretary’s Capitol office and updating the main phone number, strike subrule 1.1(3) to reflect current organizational structure, and renumber subrule 1.1(4) accordingly. Item 2: Amend subrule 1.2(1) to reflect current division names and account for a change in terminology in Iowa Code chapter 490, amend subrule 1.2(2) to account for the change in business entity reporting frequency from annual to biennial, and amend subrule 1.2(3) to direct questions about corporation matters to the Business Services Division generally, rather than to the director specifically. Item 3: Amend subrules 1.3(1) and 1.3(2) to reflect current division names and structure and the current phone number. Item 4: Amend subrule 1.5(1) to reflect current officer titles and subrule 1.5(3) to reflect the current phone number. Item 5: Strike subrule 1.6(1) to reflect current division structure, renumber the subsequent subrules accordingly, and amend renumbered subrule 1.6(1) to reflect current division names and structure. Item 6: Amend rule 721—1.8(17A) to improve clarity by removing unnecessary language and to reflect current division names and structure. Item 7: Amend rule 721—1.9(17A) to reflect current officer titles and structure. Item 8: Amend rule 721—1.10(17A) to indicate that 28E agreements are now submitted electronically. Item 9: Adopt a new implementation sentence in Chapter 1. Item 10: Amend rule 721—2.1(17A) to indicate the availability of forms for viewing and download through the Secretary of State website. Item 11: Amend rule 721—2.2(17A) to adjust grammar. Item 12: Amend rule 721—2.3(9,631) to reflect the fact that the Secretary no longer approves new payment accounts; amend subrule 2.3(5) to reflect reversion of the annual fee for payment accounts from $100 to $25 and removal of the note about the reversion, both pursuant to 2017 Iowa Acts, Senate File 516; strike subrule 2.3(6) since it is no longer applicable; and renumber subrule 2.3(7) accordingly. Item 13: Amend subrule 2.4(4) to reflect a renumbered Iowa Code chapter. Item 14: Amend the implementation sentence in Chapter 2 to reflect the repeal of Iowa Code section 9.4A as enacted by 2017 Iowa Acts, Senate File 516, section 23. Item 15: Amend rule 721—3.1(17A) to add a serial comma. Item 16: Amend the definition of “presiding officer” in rule 721—3.2(17A) to reflect current roles. Item 17: Amend subrule 3.3(2) to correct a typographical error. Item 18: Amend subrule 3.6(8) to account for the nature of current recording technology. Item 19: Amend rule 721—4.1(17A) to improve clarity; account for current technology by adding the assertion that the forms used by the Secretary of State Fast Track Filing online system are substantively the same forms described in the rule; indicate the availability of forms at the Secretary of State’s Lucas State Office Building office and through the Secretary of State website; reflect changes in the titles of forms, addition of new forms, and removal of forms that are no longer used; and reorganize the listing of forms. Item 20: Rescind and replace rule 721—4.2(17A) to reflect changes in the titles of forms, addition of new forms, and removal of forms that are no longer used, as well as reorganize the listing of forms. Item 21: Rescind and replace rule 721—4.4(17A) to reflect changes in the titles of forms, addition of new forms, and removal of forms that are no longer used, as well as reorganize the listing of forms. Item 22: Rescind and replace rule 721—4.5(17A) to reflect changes in the titles of forms, addition of new forms, and removal of forms that are no longer used, as well as reorganize the listing of forms. Item 23: Rescind rule 721—4.6(9A,17A) as a result of the reorganization of the listing of forms. Items 24 to 28: Amend rule 721—30.1(554) to improve clarity, update Iowa Code references, update the Secretary of State website address, correct the name of the International Association of Commercial Administrators, and reflect updated computer file formats and data transmission methods. Item 29: Amend rule 721—30.2(554) to update an Iowa Code reference and to better reflect Secretary of State procedures. Item 30: Amend rule 721—30.3(554) to improve clarity, update Iowa Code references, correct the name of the International Association of Commercial Administrators, and reflect updated computer filing and search methods. Item 31: Amend rule 721—30.4(554) to improve clarity, account for the nature of current data storage technology, strike subrule 30.4(14) to remove the reference to a filing method that is no longer available, and replace it with a subrule reflecting the addition of a method for asserting that a Uniform Commercial Code (UCC) Article 9 filing was made without authorization pursuant to Iowa Code section 554.9513A. Item 32: Amend rule 721—30.5(554) to improve clarity and correct the name of the International Association of Commercial Administrators. Item 33: Amend the implementation sentence in Chapter 30 to reflect the repeal of Iowa Code section 9.4A as enacted by 2017 Iowa Acts, Senate File 516, section 23. Item 34: Amend rule 721—40.1(490,499,504A) to update Iowa Code chapter references to account for renumbering and applicable chapters in the parenthetical implementation statute and the implementation sentence; indicate that the rule applies to limited liability companies and limited partnerships; update references to “telecopier” and “microfilming” to “fax” and “scanning,” respectively; add email as a communication method by which the Secretary of State may contact document remitters; add new subrules 40.1(2), 40.1(3), and 40.1(4), specifying the requirement for proper captioning of business entity document submissions, delivery method parameters of same-day preclearance service, and the requirement that forms provided by the Secretary of State must be used if such requirement is permitted by law; renumber the subsequent subrules accordingly; strike subrule 40.1(6) to account for elimination of the Iowa Code section 490.130 multiple-copy requirement; and renumber subrule 40.1(7) accordingly. Item 35: Rescind rule 721—40.2(490,499,504A) since it is no longer applicable. Item 36: Renumber subsequent rules in Chapter 40 accordingly. Item 37: Amend renumbered rule 721—40.2(487,490,504A) to update Iowa Code chapter references to account for renumbering and applicable chapters in the parenthetical implementation statute and sections in the implementation sentence; update the term “corporate” to “business entity” to reflect the broader content of the rule; revise the list in renumbered subrule 40.2(2) to improve clarity, incorporate the provisions of renumbered subrules 40.2(3) to 40.2(6), and account for the addition of “Benefit Corporation” as an available suffix under Iowa Code chapter 490; amend renumbered subrule 40.2(3) to account for protected series suffixes; strike renumbered subrules 40.3(4) to 40.3(10) and 40.3(12); renumber the remaining subrules accordingly; change the numbered list to lettered paragraphs in renumbered subrule 40.2(7) and to account for a change in terminology in Iowa Code chapter 490. Item 38: Amend renumbered rule 721—40.3(490,496C,497,498,499,504A) to update Iowa Code chapter references to account for renumbering and applicable chapters; update the term “corporate entity” to “business entity” to reflect the broader content of the rule; and update Iowa Code references to reflect the addition of paragraphs to Iowa Code sections 490.122 and 504.113 and to reflect renumbering. Item 39: Amend renumbered rule 721—40.4(491,496A,499,504A,548) to update Iowa Code chapter references in the parenthetical implementation statute to account for renumbering and applicable chapters. Item 40: Amend the list of trademark classes in renumbered subrule 40.5(1) to correct punctuation, improve clarity, and add modern goods and services classes; amend renumbered subrule 40.5(4) to improve clarity and more clearly reflect internal procedure; amend renumbered subrule 40.5(9) to improve clarity; and add new subrule 40.5(13) to prescribe trademark filing-related fees pursuant to Iowa Code section 548.117. Item 41: Amend renumbered rule 721—40.6(80GA,SF2274) to update the reference from the legislation to the Iowa Code chapter in the parenthetical implementation statute, update the Iowa Code reference related to and remove the name of the Revised Iowa Nonprofit Corporation Act fees list, and amend subrule 40.7(1) to eliminate the inapplicable words “not to exceed a total of” from the statement of change list entry. Item 42: Amend renumbered rule 721—40.7(488,489,490) to improve grammar and conciseness. Item 43: Amend renumbered rule 721—40.9(488,489,490,504) to improve conciseness and eliminate reference to payment by check for electronic filings. Item 44: Amend the implementation sentence in Chapter 40 to reflect the repeal of Iowa Code section 9.4A as enacted by 2017 Iowa Acts, Senate File 516, section 23. Item 45: Renumber rule 721—42.4(9A,17A) as 721—42.2(9A,17A). Item 46: Amend renumbered rule 721—42.2(9A,17A) to reflect current division names. Item 47: Amend rule 721—43.1(9B) to eliminate references to legislation that has been codified in the Iowa Code. Item 48: Amend rule 721—43.2(9B) to strike references to legislation that has been codified in the Iowa Code. Item 49: Amend rule 721—43.5(9B) to strike references to legislation that has been codified in the Iowa Code. Item 50: Amend rule 721—43.7(9B) to strike references to legislation that has been codified in the Iowa Code. Item 51: Amend rule 721—43.9(9B) to strike references to legislation that has been codified in the Iowa Code and improve clarity. Item 52: Amend rule 721—43.10(9B) to strike references to legislation that has been codified in the Iowa Code. Item 53: Amend paragraph 43.11(1)“a” to strike a reference to legislation that has been codified in the Iowa Code. Item 54: Amend subrule 45.1(1) to strike references to time-limited conditions that can no longer exist. Item 55: Amend rule 721—45.2(572) to improve conciseness. Item 56: Amend rule 721—45.3(572) to improve conciseness. Item 57: Amend rule 721—45.4(572) to improve conciseness and account for the addition of “county or counties” language in Iowa Code section 572.8(3). Item 58: Amend rule 721—45.5(572) to improve conciseness and account for the addition of “county or counties” language in Iowa Code section 572.8(3). Item 59: Amend rule 721—45.6(572) to improve conciseness and account for the addition of “county or counties” language in Iowa Code section 572.8(3). Item 60: Adopt new subrule 45.8(3) to account for a submission requirement adopted by the Office of the Secretary of State for the purpose of documenting requests by property owners for release of bond. Item 61: Amend rule 721—45.11(572) to improve conciseness. Item 62: Amend rule 721—45.12(572) to improve conciseness. Item 63: Amend rule 721—45.13(572) to improve conciseness and amend subrule 45.13(3) to eliminate Mechanic’s Notice and Lien Registry (MNLR) data download subscription service and to eliminate an outdated data-delivery method. Item 64: Amend rule 721—45.14(572) to improve conciseness. Item 65: Amend rule 721—45.15(572) to improve conciseness and account for the addition of “county or counties” language in Iowa Code section 572.8(3). Item 66: Amend rule 721—45.16(572) to improve conciseness by incorporating the content of paragraph 45.16(1)“a”(3) into subparagraph 45.16(1)“a”(2) and renumbering subparagraph 45.16(1)“a”(4) accordingly.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 Secretary of State for a waiver of the discretionary provisions, if any, pursuant to 721—Chapter 10.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 Secretary of State no later than 4:30 p.m. on February 28, 2023. Comments should be directed to:Eric Gookin Office of the Secretary of State Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Email: eric.gookin@sos.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 rule 721—1.1(17A) as follows:721—1.1(17A) Central organization. 1.1(1) The secretary of state is the head of the agency. The secretary is an elected official elected for a term of four years. The secretary’s office is on the mainfirst floor of the Statehouse, Des Moines, Iowa 50319, telephone number (515)281-5864(515)281-6230. The secretary is assisted by the following appointed officials who are responsible to the secretary. 1.1(2) The deputy secretary of state is appointed by the secretary and performs such duties as the secretary may prescribe, including general supervisorsupervision of all matters and personnel pertaining to the office. During the absence or disability of the secretary, or as directed by the secretary, the deputy possesses most of the powers and performs the duties of the secretary. 1.1(3) Two administrative assistants are appointed by the secretary and perform such duties as presented by the secretary or the deputy. One of the administration assistants acts as the corporation director and the other acts as the uniform commercial code director. 1.(4) 1.1(3) The secretary of state’s office is an administrative and ministerial office performing the following duties:in the following rules. ITEM 2. Amend rule 721—1.2(17A) as follows:721—1.2(17A) Corporations. 1.2(1) All matters involving corporations, profit and nonprofit, organized in Iowa or authorized to do business in Iowa, are handled by the corporationbusiness services division under the supervision of a director. The office issues all certificates of incorporation for new domestic corporations and issues certificates for authorityand certificates of registration to do business in Iowa for foreign corporations. Also, certificates of good standing, amendments, mergers, certified copies of articles and other corporate papers are issued by the office. 1.2(2) The annualbiennial report forms required of all corporations are sent from the office and upon return by the corporations are processed for accuracy and proper fee and kept for public record. 1.2(3) Any questions on corporations or procedures should be directed to the director of the business services division located in the Lucas State Office Building, Des Moines, Iowa 50319. The telephone number is (515)281-5204. ITEM 3. Amend rule 721—1.3(17A) as follows:721—1.3(17A) Uniform Commercial Code. 1.3(1) All matters pertaining to the secretary of state’s responsibilities under the Uniform Commercial Code are processed by the uniform commercial codebusiness services division of the office. See 721—Chapter 30. 1.3(2) The uniform commercial codebusiness services division is under the supervision of a director. The office is located in the Lucas State Office Building, 321 E.East 12th Street, Des Moines, Iowa 50319, and the telephone number is (515)281-5274(515)281-5204. ITEM 4. Amend rule 721—1.5(17A) as follows:721—1.5(17A) Land office. 1.5(1) The state land office is a part of the general office and is under the supervision of a land office clerkrecords officer. A record of all lands owned by the state of Iowa, the original land surveys and plats are part of the records. 1.5(2) Patents issued by the state of Iowa are prepared by the land office. 1.5(3) The land office is located in the general office on the first floor of the Statehouse, and the telephone number is (515)281-8360(515)281-5864. ITEM 5. Amend rule 721—1.6(17A) as follows:721—1.6(17A) Notaries public. 1.6(1) The notary public division is part of the general office and is under the supervision of a notary public clerk. 1.(2) 1.6(1) The notary publicbusiness services division processes all applications for notary public commissions and on expiration of commissions sends out applications for renewal and processes their return. The commission is signed by the secretary of state. 1.(3) 1.6(2) The division also issues certificates of good standing upon the payment of the proper fee. Notaries public have statewide jurisdiction. 1.(4) 1.6(3) Notary public services are part of the business services division located in the Lucas State Office Building, Des Moines, Iowa 50319. The telephone number is (515)281-5204. ITEM 6. Amend rule 721—1.8(17A) as follows:721—1.8(17A) Process agent. The secretary of state, by various chapters in the Iowa Code, especially Iowa Code sections 496A.13, 496A.112, 496A.116 and 617.3, is made the process agent upon whom the service of original notices in law suits may be made. The filing of the original notices is handled by the secretary to the deputy who is in the general officebusiness services division. For location see 1.1(1)1.2(3). ITEM 7. Amend rule 721—1.9(17A) as follows:721—1.9(17A) Oaths and bonds. Oaths of office, and bonds where required, for elected officials, appointed officials, and appointees to various boards and commissions are filed in the general office. The secretary to the secretaryrecords officer is in charge of this function. For location and telephone number see 1.1(1)1.5(3). ITEM 8. Amend rule 721—1.10(17A) as follows:721—1.10(17A) Joint governmental agreements. Joint governmental agreements under Iowa Code chapter 28E are filed, without charge, in the general officeelectronically through the secretary of state website. The secretary to the deputy handles this function. For location and telephone number see 1.1(1). ITEM 9. Adopt the following new implementation sentence in 721—Chapter 1: These rules are intended to implement Iowa Code chapter 17A. ITEM 10. Amend rule 721—2.1(17A) as follows:721—2.1(17A) Forms used. Copies of all forms are kept in the main office and may be inspected by anyone during the working dayavailable for viewing and download on the secretary of state website: sos.iowa.gov. ITEM 11. Amend rule 721—2.2(17A) as follows:721—2.2(17A) Filing complaints. All complaints or objections relating to any matter involving the secretary of state’s office shall be in writing addressed to the secretary of state. The complaint or objection may be either mailed or hand delivered. Oral complaints or objections will be handled inthrough an informal procedure by the secretary or secretary’s designee with the complainant at the convenience of both parties. ITEM 12. Amend rule 721—2.3(9,631) as follows:721—2.3(9,631) Payment for services. The secretary of state may approve accounts to be used for the payment of services provided by the secretary of state. A user of a service provided by the secretary of state may make payment for the service by authorizing a charge to be made upon ana current secretary of state payment account held by the user. 2.3(1) The secretary of state may prescribe and furnish forms for the purpose of authorizing a charge to be made upon an account. The secretary of state may refuse to charge an account for service requested without the appropriate form. 2.3(2) Application for account. Application for an account shall be made upon a form prescribed and furnished by the secretary of state. The account holder is subject to the terms and conditions contained in the application. The secretary of state reserves the right to adopt changes to the terms and conditions of the account. The secretary of state reserves the right to close a delinquent account. 2.3(3) Account holders will receive a monthly statement of account. The statement will include, for each transaction, the date and amount of the transaction. A transaction may include more than one filing fee. 2.3(4) Payment in full is due within 15 days of the date of the statement of account. An account is considered delinquent after the expiration of 30 days from the date of the statement of account. Interest and finance charges may be assessed on delinquent accounts in accordance with Iowa Code chapter 535. 2.3(5) An annual fee of $100$25 shall be paid by an account holder for the privilege of maintaining an account. The annual fee shall cover a 12-month period measured from the first day of the month in which the account iswas approved by the secretary of state. An account that is not delinquent one month prior to the expiration of the annual period shall be renewed upon the payment of the annual fee. The secretary of state shall charge the annual fee to the account on the statement of the account for the monthly period prior to the expiration date. The annual fee shall be used for the purpose of offsetting the expenses incurred by the secretary of state in maintaining the account. Upon the expiration of the technology modernization fund in Iowa Code section 9.4A, as created by 2017 Iowa Acts, Senate File 516, section 23, the fee will revert to the amount authorized prior to July 1, 2017. Funds generated by the increase of this fee shall be exclusively used for improving business services technology. 2.3(6) Accounts maintained by the secretary of state prior to July 1, 1989, shall be terminated at the close of business on June 30, 1989, unless the holder of the account complies with subrule 2.3(5) and authorizes the secretary of state to continue the account by filing a renewal application on a form prescribed and furnished by the secretary of state. 2.(7) 2.3(6) The secretary of state shall assess a fee of $10 for the receipt of a document filed under Iowa Code section 631.4(1)“d.” ITEM 13. Amend subrule 2.4(4) as follows: 2.4(4) Public records shall not be removed from the offices of the secretary of state, except for the purposes of: a. Complying with a subpoena duces tecum, b. Microfilming the records by the department of general services, or c. Retaining and preserving the public records pursuant to Iowa Code chapter 304305. d. Complying with Iowa Code section 2B.10. ITEM 14. Amend 721—Chapter 2, implementation sentence, as follows: These rules are intended to implement Iowa Code chapters 17A, 490, 491, 497, 498, 499, 504, and 554 (Article 9) and 2017 Iowa Acts, Senate File 516, section 23. ITEM 15. Amend rule 721—3.1(17A) as follows:721—3.1(17A) Scope. Iowa Code chapter 17A and the rules contained in this chapter govern the practice, procedure, and conduct of contested case proceedings, including proceedings related to the grant, denial, revocation, or renewal of any license issued by the agency where such action is required by constitution or statute to be preceded by notice and opportunity for an evidentiary hearing. ITEM 16. Amend rule 721—3.2(17A), definition of “Presiding officer,” as follows: "Presiding officer" means the person assigned to hear and decide the contested case, whether that individual is the agency directorsecretary or secretary’s designee, or an administrative law judge appointed according to Iowa Code chapter 17A. ITEM 17. Amend subrule 3.3(2) as follows: 3.3(2) Prehearing conference. At the discretion of the presiding officer or on the motion of any party to the contested case, a preheatingprehearing conference may be held for the purpose of settlement of the case, facilitating the hearing, or facilitating the decision of the presiding officer. Notice shall be given to the parties of the time and place of the conference and its purpose. A record shall be made of all agreements and actions resulting from any conference. The presiding officer may issue an order setting forth all agreements and actions. ITEM 18. Amend subrule 3.6(8) as follows: 3.6(8) Proceedings recorded and open to the public. The hearing shall be recorded by tapeaudio recording. An individual may demand that the hearing be recorded by a certified shorthand reporter, but that party must bear all costs associated with the shorthand reporter. The record of hearing or a transcript shall be filed with the authority and maintained for a period of five years. ITEM 19. Amend rule 721—4.1(17A) as follows:721—4.1(17A) Forms and instructions. Forms andtheir instructions are developed by the agency in accordance with statutory directives.Forms used on the secretary of state website’s fast track filing system have the same functions and descriptions as the forms described in this chapter.Copies of forms and instructions of a general nature may be seen at the Office of Secretary of State, Statehouse, Des Moines, Iowa 50319. Copies of forms and instructions relating to corporation matters, the uniform commercial codeUniform Commercial Code, elections, and other services may be seen at the respective divisions which are located in thesecretary of state’s Lucas State Office Buildingoffice, Des Moines, Iowa 50319; or on the secretary of state website at sos.iowa.gov.The subrules which follow list and describe those forms and instructions which members of the public use when dealing with the agency and its various divisions. Each direction of every instruction shall be complied with and each question or portion of every form answered in the same manner as if the forms and instructions were embodied in these rules. 4.1(1) Forms of general application.Form Number DescriptionGLO-1Public disclosure of gifts made to a “local official,” “local employee” or to the person’s immediate familyGEN-1Certification of various filings in the office of the Secretary of State, for example, incorporation of cities, legislative bills and other documents a. Public disclosure of gifts made to a “local official,” “local employee,” or to the person’s immediate family. b. Disaster Recovery Registration—used for registering in compliance with Iowa Code chapter 29C. c. Apostille or Certification Request Form—used to order apostilles or certified copies. d. Condemnation Application—for use by county recorders and sheriffs pursuant to Iowa Code sections 6B.3(3)“b” and 6B.38(2). e. Credit Card Payment Authorization Form—used to pay fees with a credit or debit card. f. Charge Transaction Form—used to charge fees to an existing secretary of state charge account. g. Transient Merchant Application—application for transient merchant license required by Iowa Code section 9C.3. h. Application for Registration/Renewal as an Athlete Agent—used to apply for a new certificate of registration to act as an athlete agent in the state of Iowa or to renew an existing registration. 4.1(2) Notary public forms.Copies of notary public forms are available to the public on the secretary of state website at sos.iowa.gov or upon request to the Notary Clerk, Office of the Secretary of State, Lucas State Office Building, Des Moines, Iowa 50319. The telephone number is (515)281-5204. a. Application for Commission as Notary Public—used to apply to be commissioned as an Iowa notary public. b. Application for Renewal of Commission—used to apply to renew an existing Iowa notary public commission. c. Notary Public Change/Amendment to Application—used to update an Iowa notary public commission record. d. Certificate of Notarial Commission. e. Statement of Complaint Regarding a Notary Public, Notarial Officer, or Remote Notarization Transaction. f. Application for Approval to Perform Notarial Acts for Remotely Located Individuals.Form Number DescriptionNO-1Application for appointment of Notary PublicNO-2Notarial Bond FormNO-3Application for reappointment of Notary PublicNO-4Certificate of Notarial CommissionNO-5Certificate of ProthonotaryCopies of application and bond forms for notaries public are available to the public upon request to the Notary Clerk, Office of the Secretary of State, Lucas State Office Building, Des Moines, Iowa 50319. The telephone number is (515)281-5204. 4.1(3) Trademark registration forms. a. Trademark/Service Mark Registration Application—application to register a mark currently in use in Iowa. b. Trademark/Service Mark Renewal Application—application to apply to renew mark registration for one additional five-year period. c. Trademark Assignment Application—to assign a mark registration from current registrant to a new registrant. 4.1(4) Credit services organization forms. a. Registration of Credit Services Organization—registration statement required by Iowa Code section 538A.5. b. Credit Services Organization Bond Form—submitted with Iowa Code section 538A.4 surety bond filing. c. Surety Account Notice for a Credit Services Organization—submitted in accordance with Iowa Code section 538A.4 to notify the secretary of state of establishment of a surety account. This rule is intended to implement Iowa Code chapter 17A. ITEM 20. Rescind rule 721—4.2(17A) and adopt the following new rule in lieu thereof:721—4.2(17A) Business entity forms. Copies of business entity forms are available to the public on the secretary of state website at sos.iowa.gov or upon request to the Business Services Division, Office of the Secretary of State, Lucas State Office Building, Des Moines, Iowa 50319. The telephone number is (515)281-5204. 4.2(1) For-profit and nonprofit business entity forms. a. Certificate of Good Standing—shows that a corporation is in good standing and is also used to reflect that certain filings have not been made. b. Certification Certificates—certifies copies attached are true reproductions of documents on file. c. Application for Certificate of Withdrawal—used by a foreign entity to stop business in Iowa. d. Profit Corporation Statement of Withdrawal—used by a foreign profit corporation to stop business in Iowa. e. Application for Certificate of Authority—used by a foreign entity to apply for authority to do business in Iowa. f. Foreign Profit Corporation Registration Statement—used by a foreign profit corporation to apply for authority to do business in Iowa. g. Certificate of Authority—issued to foreign entities that have registered to do business in Iowa. h. Application for Reinstatement—used by an administratively dissolved corporation, limited liability company, or cooperative to apply for reinstatement. i. Application for Reservation of Name—form by which applicant can reserve an entity name for future use. j. Fictitious Name Resolution—used by a registered entity to notify the office of its adoption of a fictitious name. k. Statement of Change of Registered Office and/or Registered Agent—used by a registered entity to change its registered office and/or registered agent. l. Appointment of Agent (501B)—used by an unincorporated nonprofit association to appoint its registered office and registered agent. m. Application for Amended Certificate of Authority—used by authorized foreign entities to reflect changes of name or authorized purposes. n. Amended Foreign Registration Statement—used by authorized foreign profit corporations to reflect changes of name or other information. o. Application for Registration of a Corporate Name—form by which a foreign corporation may register a name. p. Application for Renewal of Registration of Corporate Name—used to renew registration of name. q. Notice of Transfer of Reservation of Name—used to transfer an entity name reservation from one person to another. 4.2(2) Biennial reports. Biennial Report for an Iowa Corporation—required to be filed by all domestic for-profit corporations.Biennial Report for a Foreign Corporation—required to be filed by all foreign for-profit corporations.Iowa Nonprofit Biennial Report—required to be filed by all domestic nonprofit corporations.Foreign Nonprofit Biennial Report—required to be filed by all foreign nonprofit corporations.Iowa Professional Biennial Report—required to be submitted by domestic professional corporations.Domestic Professional Corporation Biennial Report Statement Under Oath—required by Iowa Code section 496C.21(1)“b” to be submitted with the Iowa professional biennial report.Foreign Professional Biennial Report—required to be filed by foreign professional corporations.Foreign Professional Corporation Biennial Report Statement Under Oath—required by Iowa Code section 496C.21(1)“c” to be submitted with the foreign professional biennial report.Cooperative Association Biennial Report—required to be filed by cooperative associations. 4.2(3) Agricultural reporting. a. Biennial Agricultural Report—used by U.S. holders of Iowa agricultural land to comply with Iowa Code chapter 10B biennial reporting requirements. b. Pork and Beef Processor Report—used by Iowa pork and beef processors to comply with Iowa Code chapter 202B annual reporting requirements. c. Registration of Nonresident Alien Land Ownership—used by non-U.S. holders of Iowa agricultural land to comply with Iowa Code chapter 9I registration requirements. d. Nonresident Alien Land Ownership Report—used by non-U.S. holders of Iowa agricultural land to comply with Iowa Code chapter 9I annual reporting requirements.Information regarding forms for agricultural reporting may be requested from the Business Services Division, Office of the Secretary of State, Lucas State Office Building, Des Moines, Iowa 50319. The telephone number is (515)281-5204. This rule is intended to implement Iowa Code sections 9I.7, 9I.8, 9I.9, 10B.4, 202B.301, and 202B.302. ITEM 21. Rescind rule 721—4.4(17A) and adopt the following new rule in lieu thereof:721—4.4(554,17A) Uniform Commercial Code forms. UCC1—Financing Statement.UCC1Ad—Financing Statement Addendum (used in connection with UCC1).UCC3—Financing Statement Amendment.UCC3Ad—Financing Statement Amendment Addendum (used in connection with UCC3).UCC5—Information Statement.UCC11—Information Request.Affidavit of Wrongful Filing—used to assert that a UCC document was not authorized to be filed and was caused to be communicated to the filing office with the intent to harass or defraud the affiant.Master File Agreement—used to order corporation and UCC data.Security Authorization Request—used to apply for security authorization to receive corporation and UCC data. This rule is intended to implement Iowa Code chapter 554 (Article 9). ITEM 22. Rescind rule 721—4.5(17A) and adopt the following new rule in lieu thereof:721—4.5(572,17A) Mechanic’s notice and lien registry (MNLR) forms.- Mechanic’s Notice and Lien Registry—used to provide submitter information in conjunction with other MNLR forms.
- Cover Page for Commencement of Work Notice—used in compliance with Iowa Code section 572.13A.
- Cover Page for Preliminary Notice—used in compliance with Iowa Code section 572.13B.
- Cover Page for Mechanic’s Lien - Commercial—used in compliance with Iowa Code section 572.8.
- Cover Page for Mechanic’s Lien - Residential—used in compliance with Iowa Code section 572.8.
- Mechanic’s Lien—used to comply with Iowa Code section 572.8.
- Assignment of Mechanic’s Lien—used to transfer a lien.
- Cover Page for Bond for Discharge of Lien—used in compliance with Iowa Code section 572.15.
- Cover Page for Bond to Prevent Exemplary Damages—used in compliance with Iowa Code section 572.30(2).
- Affidavit for Release of Mechanic’s Lien Bond—used in compliance with 721—subrule 45.8(3).
- Cover Page for Demand for Acknowledgment—used in compliance with Iowa Code section 572.23.
- Cover Page for Demand to Commence Action—used in compliance with Iowa Code section 572.28.
- Each initial financing statement is identified by its file number as defined in 30.1(2). Identification of the initial financing statement is stamped on written UCC documents or otherwise permanently associated with the record maintained for UCC documents in the UCC information management system. A record is created in the information management system for each initial financing statement and all information comprising such record is maintained in such system. Such record is identified by the same information assigned to the initial financing statement.
- A UCC document other than an initial financing statement is identified by a unique file number assigned by the filing officer. In the information management system, records of all UCC documents other than initial financing statements are linked to the record of their related initial financing statement.
- First name: 50 characters.
- Middle name: 50 characters.
- Last name: 50 characters.
- Suffix: 15 characters.
- Collateral amendment or address change. An amendment that amends only the collateral description or one or more addresses has no effect upon the status of any debtor or secured party. If a statement of amendment is authorized by less than all of the secured parties (or, in the case of an amendment that adds collateral, less than all of the debtors), the statement affects only the interests of each authorizing secured party (or debtor).
- Debtor name change. An amendment that changes a debtor’s name has no effect on the status of any debtor or secured party, except that the related initial financing statement and all UCC documents that include an identification of such initial financing statement shall be cross-indexed in the UCC information management system so that a search under either the debtor’s old name or the debtor’s new name will reveal such initial financing statement and such related UCC documents. Such a statement of amendment affects only the rights of its authorizing secured party(ies).
- Secured party name change. An amendment that changes the name of a secured party has no effect on the status of any debtor or any secured party, but the new name is added to the index as if it were a new secured party of record.
- Addition of a debtor. An amendment that adds a new debtor name has no effect upon the status of any party to the financing statement, except that the new debtor name shall be added as a new debtor on the financing statement. The addition shall affect only the rights of the secured party(ies) authorizing the statement of amendment.
- Addition of a secured party. An amendment that adds a new secured party shall not affect the status of any party to the financing statement, except that the new secured party name shall be added as a new secured party on the financing statement.
- Deletion of a debtor. An amendment that deletes a debtor has no effect on the status of any party to the financing statement, even if the amendment purports to delete all debtors.
- Deletion of a secured party. An amendment that deletes a secured party of record has no effect on the status of any party to the financing statement, even if the amendment purports to delete all secured parties of record.
- The remitter holds an account for the billing of fees by the filing officer,
- The remitter has entered into an agreement, in form and substance satisfactory to the filing officer, with the filing office, and
- The filing officer determines, after appropriate testing of transmissions in accordance with the filing officer’s specifications, that the remitter is capable of transmitting XML documents in a manner that permits the filing officer to receive, index, and retrieve the XML documents.
- UCC document tendered in person. Acknowledgment of filing is given to the remitter by personal delivery or sent by regular mail to the remitter or the secured party (or the first secured party if there is more than one) named on the UCC document.
- UCC document tendered by courier or postal service delivery. Acknowledgment of filing is sent by regular mail to the remitter or to the secured party (or the first secured party if there is more than one).
- UCC document tendered by telefacsimile delivery. Acknowledgment of filing is sent by regular mail (or, if requested, by telefacsimile) to the remitter or to the secured party (or the first secured party if there is more than one).
- UCC document transmitted electronically using XML standard. Acknowledgment of filing is returned electronically.
- UCC document transmitted by on-lineonline entry. Acknowledgment of filing is returned electronically.
- UCC document tendered in person. Notice of refusal is given to the remitter by personal delivery or sent by regular mail to the remitter or the secured party (or the first secured party if there is more than one) named on the UCC document.
- UCC document tendered by courier or postal service delivery. Notice of refusal is sent by regular mail to the remitter or to the secured party (or the first secured party if there is more than one).
- UCC document tendered by telefacsimile delivery. Notice of refusal is sent by regular mail (or, if requested, by telefacsimile) to the remitter or to the secured party (or the first secured party if there is more than one).
- UCC document transmitted electronically using XML standard. Notice of refusal is returned electronically.
- UCC document transmitted by on-lineonline entry. Notice of refusal is returned electronically.
- Time and date of filing.
- Document identification number.
- Document type.
- Debtor name fields.
- City address of debtor.
- Corp.
- Co.
- Inc.
- Ltd.
- An e-mailemail address.
- MNLR user account or payment information.
- A posting or submission does not provide complete information as required under subrule 45.4(2) for a notice of commencement of work, subrule 45.5(2) for a preliminary notice, subrules 45.6(2) and 45.6(5) for a mechanic’s lien, or subrules 45.6(2), 45.6(5) and 45.6(6) for a mechanic’s lien for a commercial property;
- A submission does not include an MNLR number, except for a submission for which the form provided by the administrator does not require an MNLR number;
- The required fee is not paid for a submission or posting or the fee paid for the submission or posting is insufficient;
- A submission is not on a form provided by the administrator for the purpose of performing the requested posting; or
- A submission is not legible, as determined by the administrator.
Proposing rule making related to tourist-oriented directional signing and providing an opportunity for public comment
The Transportation Department hereby proposes to amend Chapter 119, “Tourist-Oriented Directional Signing,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 307.12 and 321.252.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 321.252.Purpose and Summary Currently, Chapter 119 limits participation for tourist-oriented directional signing to businesses that provide motorist services such as gas, food, and lodging, and to other businesses or sites that may be deemed “of significant interest to the traveling public.” This key phrase has been the subject of substantial discussion for many years between applicants, Department staff, and the Tourist Signing Committee. The decision as to whether a particular site is of significant interest to the traveling public has been made by majority vote of the Committee, after a presentation (photographs, descriptions, etc.) is given by Department staff at a regular monthly meeting. Although the Committee is diverse and adequately represents the various agencies and organizations related to tourism in Iowa, the qualifying standard of being “of significant interest to the traveling public” allows for a fair amount of subjectivity, despite attempts by the Committee to remain consistent and draw reasonable lines. Opinions might well be limited only by the number of people asked, and obviously rely greatly on intangible factors. This proposed rule making aims to include more businesses into the program by adopting a less subjective singular set of standards for all applicants. This change will benefit more rural businesses that are not positioned along a highway and still serve the original program objective of providing service and tourist information to the traveling public. The following paragraphs further explain each proposed amendment:
Rule making related to the annual comprehensive financial report
The Administrative Services Department hereby amends Chapter 40, “Offset of Debts Owed State Agencies,” and Chapter 110, “Inventory Guidelines for State of Iowa Personal and Real Property,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 8A.104, 17A.3 and 17A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 8A.111, 8A.502 and 8A.504.Purpose and Summary 2022 Iowa Acts, House File 2126, renamed a report compiled by the Department to the Annual Comprehensive Financial Report (ACFR). The name was originally changed by the Government Accounting Standards Board (GASB). These amendments comport with 2022 Iowa Acts, House File 2126.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 14, 2022, as ARC 6752C. 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 January 18, 2023.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 The Department will not grant waivers under the provisions of these rules, other than as may be allowed under Chapter 9 of the Department’s rules concerning waivers.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 March 15, 2023. The following rule-making actions are adopted:
ITEM 1. Amend rule 11—40.1(8A), definition of “Public agency,” as follows: "Public agency" "agency" means a board, commission, department, including the department of administrative services, or other administrative office or unit of the state of Iowa or any other state entity reported in the Iowa comprehensive annual financial reportAnnual Comprehensive Financial Report, or a political subdivision of the state, or an office or unit of a political subdivision, or a clerk of district court. However, “public agency” or “agency” does not mean any of the following:- The office of the governor;
- The general assembly, or any office or unit under its administrative authority; or
- The judicial branch, as provided in Iowa Code section 602.1102 other than the clerk of the district court. Offset procedures uniquely applicable to debts owed to clerks of the district court are set forth in rules 11—40.10(8A) to 11—40.15(8A).
Rule making related to physician assistants
The Administrative Services Department hereby amends Chapter 63, “Leave,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 8A.104, 8A.413, 17A.3 and 17A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 147.77 as enacted by 2022 Iowa Acts, House File 803, section 51.Purpose and Summary 2022 Iowa Acts, House File 803, pertained to duties performed by physician assistants. 2022 Iowa Acts, House File 803, section 51, directed that the Department shall provide the same power, privilege, right, or duty by rule to a physician assistant licensed under Iowa Code chapter 148C as a physician licensed under Iowa Code chapter 148. These amendments comport with 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 December 14, 2022, as ARC 6753C. 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 January 18, 2023.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 The Department will not grant waivers under the provisions of these rules, other than as may be allowed under Chapter 9 of the Department’s rules concerning waivers.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 March 15, 2023. The following rule-making actions are adopted:
ITEM 1. Amend paragraph 63.2(2)"h" as follows: h. In the event of an illness or disability while on vacation, that portion of the vacation spent under the care of a physicianor physician assistant shall be switched retroactively to and charged against the employee’s accrued sick leave upon satisfactory proof from the physicianor physician assistant of the illness or disability and its duration. ITEM 2. Amend subrule 63.19(1), definition of “Catastrophic illness,” as follows: "Catastrophic illness" means a physical or mental illness or injury of the employee, as certified by a licensed physicianor physician assistant, that will result in the inability of the employee to work for more than 30 workdays on a consecutive or intermittent basis; or that will result in the inability of the employee to report to work for more than 30 workdays due to the need to attend to an immediate family member on a consecutive or intermittent basis. ITEM 3. Amend subrule 63.19(4) as follows: 63.19(4) Certification requirements. The employee shall submit an application for donated leave on forms developed by the department. Appointing authorities may, at their department’s expense, seek second medical opinions or updates from physiciansor physician assistants regarding the status of an employee’s or employee’s immediate family member’s illness or injury. If the employee is receiving FMLA leave, a second opinion must be obtained from a physicianor physician assistant who is not regularly employed by the state. [Filed 1/19/23, effective 3/15/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6864CAdministrative Services Department[11]Adopted and FiledRule making related to state driver guidelines for state vehicle use and fueling
The Administrative Services Department hereby amends Chapter 103, “State Employee Driving Guidelines,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 8A.104, 8A.311, 17A.3 and 17A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 8A.362 as amended by 2022 Iowa Acts, House File 2128, and sections 8A.360, 8A.360A, 8A.368 and 8A.369 as enacted by 2022 Iowa Acts, House File 2128.Purpose and Summary 2022 Iowa Acts, House File 2128, addressed qualified renewable fuel use in state motor vehicles. It also outlined the purchasing requirements of state motor vehicles as those requirements relate to the qualified use of renewable fuels. The Department oversees the state’s fleet of vehicles. These amendments comport with 2022 Iowa Acts, House File 2128. These amendments also address a cleanup of language throughout Chapter 103 as part of the five-year review of rules pursuant to Iowa Code section 17A.7(2).Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 14, 2022, as ARC 6751C. 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 January 18, 2023.Fiscal Impact It is impossible to determine the fiscal impact based on future fleet car usage, the volume of fuel needed, and the fluctuating prices for fuel. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers The Department will not grant waivers under the provisions of these rules, other than as may be allowed under Chapter 9 under the Department’s rules concerning waivers.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 March 15, 2023. The following rule-making actions are adopted:
ITEM 1. Amend 11—Chapter 103, title, as follows:STATE EMPLOYEE DRIVINGDRIVER GUIDELINESFOR STATE VEHICLE USE AND FUELING ITEM 2. Amend rule 11—103.1(8A) as follows:11—103.1(8A) Purpose. The purpose of this chapter is to provide for the assignment of state motor vehicles and forstate driver guidelines for motor vehicle use, fleet assignments, maintenance, and fueling. The chapter also provides for the administration of a self-insurance program for motor vehicles owned by the state. ITEM 3. Amend rule 11—103.2(8A) as follows:11—103.2(8A) Definitions. "At-fault accident" means an accident in which the state driver is determined to be 50 percent or more responsible for the accident. "Biodiesel blended fuel" means the same as defined in Iowa Code section 214A.1. "Biofuel" means the same as defined in Iowa Code section 214A.1. "Cargo payload" means the net cargo weight transported. The weight of the driver, passengers, and fuel shall not be considered in determining cargo payload. "Cargo volume" means the space calculated in cubic feet behind the vehicle driver and passenger seating area. In station wagons, the cargo volume is measured to the front seating area with the second seat laid flat behind the driver. "Defensive driving course" means course instruction provided by the Iowa state patrolor other courses of instruction provided in person or online as approved by the director of the department. "Department" means the department of administrative services (DAS). "Determination period" means any 12-month period beginning January 1 and ending December 31. "Driver improvement course" means course instruction provided by an Iowa community college. "Ethanol blended gasoline" means the same as defined in Iowa Code section 214A.1. "Gross vehicle weight rating (GVWR)" means the weight specified by the manufacturer as the loaded weight of a single vehicle. "Habitual violationviolator" means that the persona state driver who has been convicted of three or more moving violations committed within a 12-month period. "Passengers" means the total number of vehicle occupants transported on a trip, including the driver. "Pool car" means a vehicle assigned to the department of administrative services, fleet services. "Preventable accident," for purposes of this chapter, means an accident that could have been prevented or in which damage could have been minimized by proper evasive action. "Primary use" means the utilized application exceeds 50 percent of the miles driven annually for United States Environmental Protection Agency (EPA)-designated light-duty trucks and vans and exceeds 75 percent of the miles driven annually for EPA-designated passenger sedans and wagons. "Private vehicle" means any vehicle not registered to the state of Iowa. "Qualified renewable fuel" means ethanol blended gasoline or biodiesel blended fuel that meets the standards and classifications for that type of motor fuel as provided in Iowa Code section 214A.2. "Special work vehicle" means but is not limited to fire trucks, ambulances, motor homes, buses, medium- and heavy-duty trucks (25,999 lbs.26,000 lbsGVWR and larger), heavy construction equipment, and other highway maintenance vehicles, and any other classes of vehicles of limited application approved by the state vehicle dispatcher. "State driver" means any person who drives a vehicle to conduct official state business other than a law enforcement officer employed by the department of public safety. "State vehicle" means any vehicle registered to the state of Iowa, department of administrative services. ITEM 4. Amend subrule 103.3(1) as follows: 103.3(1) Agencies subject to vehicle assignment standardsguidelines. Pursuant to Iowa Code section 8A.362, the agencies listed below shall assign all vehicles within their possession, control, or use in accordance with the standardsguidelines set forth in rule 11—103.4(8A). The following agencies are subject to the vehicle assignment standards in rule 11—103.4(8A): a. The department, including all agencies required to obtain vehicles through the department; b. State department of transportation; c. Institutions under the control of the state board of regents; d. The department for the blind; and e. Any other state agency exempted from obtaining vehicles for use through fleet services. ITEM 5. Amend subrule 103.3(2) as follows: 103.3(2) Exceptions to vehicle assignment standardsguidelines. This rule shall not apply to special work vehicles, law enforcement vehicles and vehicles propelled by alternate fuels. ITEM 6. Amend subrule 103.4(1) as follows: 103.4(1) In order to maximize the average passenger miles per gallon of motor vehicle fuel consumed, vehicles shall be assigned on the following basis: a. EPA-rated compact sedans shallmay carry one or two passengers and their personal effects. b. EPA-rated midsize sedansor small sport utility vehicles shall carry three or more passengers and their personal effects. c. EPA-rated full-size sedansor midsize sport utility vehicles shall carry four or more passengers and their personal effects. d. Cargo vans shall be appropriate in size and GVWR for their primary use with regard to payload and cargo volume. e. Mini passenger vans shall carry three or more passengers, their personal effects, and cargo that does not conform to the use of a full-size sedan. f. Eight-passenger vans shall carry five or more passengers and their personal effects. g. Twelve-passenger vans shall carry seven or more passengers and their personal effects. h. Fifteen-passenger vans shall carry nine or more passengers and their personal effects. i. Pickups and sport utility vehicles shall be appropriate in size, GVWR, and drivetrain (two-wheel drive or four-wheel drive) for their primary use with regard to trailering, payload, cargo volume, and on/off road requirements. ITEM 7. Amend subrule 103.4(2) as follows: 103.4(2) Vehicles that are made available for temporary assignment, such as departmental pool vehicles, shall be assigned in accordance with this rule. If an appropriately classified vehicle is unavailable, a larger available classification may be substituted. Other substitutions may be authorized in consideration of passenger physical characteristics or disabilities or any other distinguishing circumstances and conditions as determined by the state vehicle dispatcher,fleet services manager, the director of the department of transportation, or the executive director of the board of regents for the vehicles under their respective authorities. ITEM 8. Amend rule 11—103.5(8A) as follows:11—103.5(8A) Type of accident. The determination as to whether an accident is without fault, at fault, or preventable shall be made by the riskdepartment’s fleet services manager of the department. In making this determination, the riskfleet services manager will consider all relevant information including information provided by the state driver and others involved in the accident, information provided by witnesses to the accident and information contained in any investigating officer’s reports. ITEM 9. Amend rule 11—103.7(8A) as follows:11—103.7(8A) Required reporting. A state driver must report any potential liability, collision or comprehensive loss which occurs while conducting state business to the riskdepartment’s fleet services manager of the department. The failure to report may result in payment of any loss from the funds of the state driver’s employing agency rather than from the state self-insurance fund. All documentation, such as proof of required class completion and insurance coverage, must be provided to the department riskdepartment’s fleet services manager. ITEM 10. Amend rule 11—103.11(8A) as follows:11—103.11(8A) Access to driving records. The department has the authority to monitor the Iowa department of transportation driving recordrecords of employeesstate drivers who drive a state vehicle or a private vehicle to conduct state business. ITEM 11. Amend subrule 103.12(2) as follows: 103.12(2) If a state driver is involved in any one of the following occurrences, the state driver will be suspended from driving a state vehicle for a period not to exceed one year and will be required to attend a driver improvement course. The driver shall attendand successfully complete at the state driver’s expense the next available driver improvement course after one of the following occurrences. While the state driver is suspended from driving a state vehicle, the state driver willmay be allowed to receive mileage reimbursement from the state of Iowa for driving a private vehicle for state business. In addition, a state driver involved in one of the following occurrences shall provide proof of insurance which meets the minimum standards required by the state of Iowa, department of transportation, and proof of completion of the driver improvement course. a. The state driver is involved in three at-fault or preventable accidents in a five-year period while operating a state vehicle. b. The state driver is involved in five moving traffic violations within a three-year period while operating a state vehicle or a private vehicle. c. The state driver is convicted of a first offense driving while intoxicated charge while operating a private vehicle on private business. d. TransportingThe state driver transports alcoholic beverages in the passenger compartment of a motor vehicle. e. Habitual violation of traffic laws.The state driver is a habitual violator of traffic laws. ITEM 12. Amend subrule 103.16(1) as follows: 103.16(1) Fuel used in state-owned automobiles may be purchased at cost from the various state installations or garages such as but not limited to those of the state department of transportation, state board of regents, department of human services, department of corrections, or state motor pools throughout the state. Fuel may also be purchased at retail locations if a state fueling facility is not readily available. When possible, purchases shall be made using a fuel purchase card issued by the department.The fuel purchase card shall not be used to purchase motor fuel other than the classification of fuel described in subrule 103.16(2). ITEM 13. Amend subrule 103.16(2) as follows: 103.16(2) All drivers of statemotor vehicles shall fuel their assigned vehiclesoperating using an internal combustion engine with self-service gasohol, a mixture of 10 percent ethanol and 90 percent gasoline (E10), unless under emergency circumstances. If the vehicle is capable of running on a blend of 85 percent ethanol and 15 percent gasoline, subrule 103.16(3) applies.the highest possible classification of a qualified renewable fuel if all of the following apply: a. The manufacturer of the motor vehicle or the EPA expressly states that the classification of a qualified renewable fuel is compatible with the motor vehicle’s normal operation. b. That classification of a qualified renewable fuel is commercially available in the region where the motor vehicle is being operated. c. No emergency situation exists that requires the immediate use of a motor fuel regardless of whether it has been blended with a biofuel. ITEM 14. Amend subrule 103.16(3) as follows: 103.16(3) Agencies shall ensure that their flexible fuel vehicles that are capable of operating on 85 percent ethanol (E85) use E85 fuel whenever an E85 fueling facility is available to the driver when fuel is needed. E85 fuel may be procured at a retail establishment if a state fueling facility is not readily available. If an E85 facility is not readily available, the driver shall not completely fill the tank with fuel when a lesser quantity will be adequate to complete the trip to an E85 fueling site.A brightly colored, highly visible renewable fuel sticker shall be affixed to a motor vehicle for which a qualified renewable fuel is compatible with the motor vehicle’s normal operation. The department shall distribute the stickers to state agencies maintaining a state motor pool. A qualified renewable fuel sticker is not required to be affixed to an unmarked motor vehicle used for purposes of providing law enforcement or security. ITEM 15. Amend subrule 103.16(4) as follows: 103.16(4) Agencies shall ensure that their diesel vehicles operate on biodiesel blends whenever the blends are available. It is also recommended that biodiesel blends be used within six months of purchase to ensure that the quality of the fuel is maintained.As part of the department’s competitive bidding procedure for the purchase of a motor vehicle operating using an internal combustion engine powered by diesel fuel, the director of the department shall require a bidder to certify that the motor vehicle’s manufacturer expressly states that the engine is capable of being powered by the biodiesel blended fuel classified as B-20 or higher. ITEM 16. Adopt the following new rule 11—103.17(8A):11—103.17(8A) State fleet qualified renewable fuels compliance report. The department shall prepare a state fleet qualified renewable fuels compliance report that shall consolidate information compiled by the department in accordance with Iowa Code section 8A.369. The department shall submit the report to the governor and general assembly not later than March 1 of each year. ITEM 17. Amend 11—Chapter 103, implementation sentence, as follows: These rules are intended to implement Iowa Code sections 8A.104, 8A.361 to 8A.366, 80.9 and 801.4and 8A.360 to 8A.369. [Filed 1/19/23, effective 3/15/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6889CCollege Student Aid Commission[283]Adopted and FiledRule making related to health care award program
The College Student Aid Commission hereby amends Chapter 26, “Health Care Loan Repayment Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 261.3.State or Federal Law Implemented This rule making implements, in whole or in part, 2022 Iowa Acts, Senate File 2383.Purpose and Summary This rule making implements amendments enacted in 2022 Iowa Acts, Senate File 2383. Senate File 2383 changed the Health Care Loan Repayment Program to the Health Care Award Program, removing the requirement for applicants to have federal student loan debt. The legislation also allowed a part-time nurse educator to qualify for an award if the individual is also employed as a registered nurse or advanced registered nurse practitioner. In addition, this rule making prioritizes awards to Iowa residents or members of the Iowa National Guard who are in their final year of study, in an attempt to incentivize newly trained individuals to become employed in the identified occupations in service commitment areas.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 6598C. 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 January 20, 2023.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 Commission for a waiver of the discretionary provisions, if any, pursuant to 283—Chapter 7.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 March 15, 2023. The following rule-making actions are adopted:
ITEM 1. Amend 283—Chapter 26, title, as follows:HEALTH CARE LOAN REPAYMENTAWARD PROGRAM ITEM 2. Amend rule 283—26.1(261) as follows:283—26.1(261) Health care loan repaymentaward program. The health care loan repaymentaward program is a state-supported and state-administered program established to repay the qualified student loans ofprovide financial awards to nurse educators teaching at eligible Iowa colleges and universities, as well as applicants who agree to practice as registered nurses, advanced registered nurse practitioners, or physician assistants in service commitment areas for five consecutive years, and who meet the requirements of these rules. ITEM 3. Amend rule 283—26.2(261), definitions of “Advanced registered nurse practitioner,” “Physician assistant,” “Registered nurse” and “Service commitment area,” as follows: "Advanced registered nurse practitioner" means an individual who graduated from an accredited graduate or postgraduate advanced practice educational program, is licensed by the board of nursing as a registered nurse, is licensed by the board of nursing as an advanced registered nurse practitioner, and is employed as an advanced registered nurse practitioner in an eligible service commitment area. "Physician assistant" means an individual who graduated with a master’s degree, holds a practitioner’s license to practice as a physician assistant pursuant to Iowa Code chapter 148C, and is employed as a physician assistant in an eligible service commitment area. "Registered nurse" means a nurse who is licensed by the board of nursing as a registered nurse and is employed as a registered nurse in an eligible service commitment area. "Service commitment area" means a city in Iowa with a population of less than 26,000 that is located more than 20 miles from a city with a population of 50,000 or more. Locations and distances between cities will be consistently measured and verified by calculating the shortest travel distance on paved roads.After an eligible applicant signs an agreement to practice in a service commitment area, subsequent population increases will not impact that applicant’s continued eligibility for the program, to the extent allowed in rule 283—26.3(261). ITEM 4. Rescind the definition of “Qualified student loan” in rule 283—26.2(261). ITEM 5. Amend rule 283—26.3(261) as follows:283—26.3(261) Eligibility requirements. 26.3(1) An eligible applicant must be: a. A student in the final year of a degree program leading to a license to practice as an advanced registered nurse practitioner, nurse educator, physician assistant, or registered nurse.who signs an agreement to practice in a service commitment area for five consecutive years; or b. A licensed advanced registered nurse practitioner, physician assistant, or registered nurse who signs an agreement to practice in a service commitment area for five consecutive years; or c. A nurse educator who signs an agreement to teach full-time during the fall and spring semesters, or the equivalent, for five consecutive years; or d. A nurse educator who teaches at least part-time during the fall and spring semesters, or the equivalent. The individual must also be employed as an advanced registered nurse practitioner or registered nurse in Iowa, and the total hours worked between these occupations must equate to full-time employment. An advanced registered nurse practitioner or registered nurse who signs an agreement to teach at least part-time as a nurse educator is not required to be employed in a service commitment area but is required to work at least part-time as a nurse educator for five consecutive years. 26.3(2) An eligible applicant must annually complete and file an application for the program by the deadline established by the commission. If funds remain available after the application deadline, the commission will continue to accept applications. 26.3(3) An eligible applicant must annually complete and return to the commission an affidavit of practice verifying full-time employment, as defined by the employer, in a service commitment area during the entire year as an advanced registered nurse practitioner, physician assistant, or registered nurse, or full-time employment, as defined by the employer, as a nurse educator.A nurse educator who teaches part-time during the fall and spring semesters, or the equivalent, and is also employed as a registered nurse or advanced registered nurse practitioner in Iowa must annually complete and return an affidavit of practice verifying that the total hours worked equates to full-time employment. ITEM 6. Amend rule 283—26.4(261) as follows:283—26.4(261) Awarding of funds. 26.4(1) Selection criteria. All completed applications received on or before the published deadline will be considered for funding. To the extent possible, an equal number of new advanced registered nurse practitioners, nurse educators, physician assistants, and registered nurses will be offered awards based on the availability of appropriated funds. In the event that funding is insufficient to award all eligible applicants within an occupation category, criteria for selection of eligible applicants within each occupation category will be prioritized as follows: a. Renewal status. Recipients of awards through the registered nurse and nurse educator loan forgiveness program during the 2018 state fiscal year will be eligible for funding under the health care loan repayment program if the eligible applicants meet the eligibility criteria of the health care loan repayment program. Under this provision, no recipient will receive more than five consecutive awards between the registered nurse and nurse educator loan forgiveness program and the health care loan repayment program;The priority status of the applicant in the first year funding is received will be retained for renewal in priority determinations in future years as long as the applicant continues to meet the criteria in rule 283—26.3(261). Applicants within this category are prioritized as follows: (1) Eligible applicants who are Iowa residents and eligible applicants who are members of the Iowa national guard, if requested by the adjutant general; (2) Date of application; b. Iowa residency statusStudents in the final year of a degree program leading to a license to practice in a specified occupation under this chapter who are Iowa residents or who are members of the Iowa national guard, if requested by the adjutant general; and advanced registered nurse practitioners and registered nurses who agree to begin practice as nurse educators on at least a part-time basis and who are Iowa residents or members of the Iowa national guard, if requested by the adjutant general. Applicants within this category are prioritized by date of application; c. MembersIowa residents or members of the Iowa national guard, if requested by the adjutant general, who are licensed to practice in a specified occupation under this chapter and who agree to work in a service commitment area but who are not employed in a service commitment area at the time of application.Applicants within this category are prioritized by date of application; (1) Members of the Iowa national guard are exempt from the service commitment area requirement, and (2) Members of the Iowa national guard must have satisfactorily completed required guard training and must maintain satisfactory performance of guard duty; d. Date of application.The most recent graduates of a degree program leading to a license to practice in a specified occupation under this chapter or leading to the qualification to be a nurse educator, with the most recent academic year graduates given priority, who are Iowa residents or members of the Iowa national guard, if requested by the adjutant general. Applicants within this category are prioritized by date of application; e. Students in the final year of a degree program leading to a license to practice in a specified occupation under this chapter who are neither Iowa residents nor members of the Iowa national guard requested by the adjutant general; and advanced registered nurse practitioners and registered nurses who agree to begin practice as nurse educators on at least a part-time basis and who are neither Iowa residents nor members of the Iowa national guard requested by the adjutant general. Applicants within this category are prioritized by date of application; f. Individuals who are neither Iowa residents nor members of the Iowa national guard requested by the adjutant general but who are licensed to practice in a specified occupation under this chapter, and who agree to work in a service commitment area but are not employed in a service commitment area at the time of application. Applicants within this category are prioritized by date of application; g. The most recent graduates of a degree program leading to a license to practice in a specified occupation under this chapter or leading to the qualification to be a nurse educator, who are neither Iowa residents nor members of the Iowa national guard requested by the adjutant general, with the most recent academic year graduates given priority. Applicants within this category are prioritized by date of application. 26.4(2) Applicants who are members of the Iowa national guard requested by the adjutant general. Applicants who are members of the Iowa national guard, if requested by the adjutant general, are subject to the following provisions: a. Members of the Iowa national guard are exempt from the service commitment area requirement, and b. Members of the Iowa national guard must have satisfactorily completed required guard training and must maintain satisfactory performance of guard duty. 26.(2) 26.4(3) Annual award. The maximum annual award shall be the lesser of:$6,000. a. $6,000, or b. Twenty percent of the eligible applicant’s total outstanding qualified student loan. 26.(3) 26.4(4) Extent of repaymentaward. Eligible applicants may receive loan repaymentan award for no more than five consecutive years. Eligible applicants who fail to receive loan repayment awards in consecutive years will not be considered for subsequent years of loan repaymentawards. 26.(4) 26.4(5) Disbursement of loan repayment funds. a. Loan repayment awardsAwards will be disbursed upon completion of the year for which the award was approved and upon certification from the employer that the advanced registered nurse practitioner, nurse educator, physician assistant, or registered nurse was employed full-time, as defined by the employer, during the entire year and completed the year in good standing. b. Loan repayment awardsAwards will be distributed to the eligible applicant’s student loan holder and applied directly to qualified student loansdirectly to the eligible applicant. ITEM 7. Amend rule 283—26.5(261) as follows:283—26.5(261) Loan repaymentAward cancellation. 26.5(1) An eligible applicant who has been designated for a loan repaymentan award shall notify the commission within 30 days following termination or cessation of full-time practice in a service commitment area as an advanced registered nurse practitioner, physician assistant, or registered nurse, or; termination or cessation of full-time employment as a nurse educator; or combined full-time employment as a nurse educator and registered nurse or nurse educator and advanced registered nurse practitioner. 26.5(2) A recipient of an award is responsible for notifying the commission immediately of a change in name, place of employment, or home address. ITEM 8. Amend rule 283—26.6(261) as follows:283—26.6(261) Restrictions. An advanced registered nurse practitioner, nurse educator, physician assistant, or registered nurse who is in default on a qualified student loan or who owes a repayment on any Title IV grant assistance or state award shall be ineligible for loan repayment benefits. Eligibility may be reinstated upon payment in full of the delinquent obligation or by commission ruling on the basis of adequate extenuating evidence presented in appeal under the procedures set forth in 283—Chapters 4 and 5.A recipient of an award under Iowa Code section 261.114 or 261.115 shall not be eligible for an award under this chapter. ITEM 9. Adopt the following new rule 283—26.7(261) as follows:283—26.7(261) Transition provisions. Recipients of awards through the health care loan repayment program during the 2022 state fiscal year will be eligible for funding under the health care award program if the eligible applicants meet the eligibility criteria of the health care award program. Under this provision, no recipient will receive more than five consecutive awards between the health care loan repayment program and the health care award program. Under this provision, recipients can elect to continue to have the award applied directly to previously verified outstanding federal student loans. [Filed 1/20/23, effective 3/15/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6888CCollege Student Aid Commission[283]Adopted and FiledRule making related to mental health professional loan repayment program
The College Student Aid Commission hereby adopts new Chapter 31, “Mental Health Professional Loan Repayment Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 261.3.State or Federal Law Implemented This rule making implements, in whole or in part, 2022 Iowa Acts, House File 2549.Purpose and Summary This rule making implements a new loan repayment program enacted by 2022 Iowa Acts, House File 2549.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 14, 2022, as ARC 6759C. No public comments were received. One change from the Notice has been made. A reference to 2022 Iowa Acts, House File 2549, has been removed in the implementation sentence of Chapter 31 since the amendments in the House File have been codified in the 2023 Iowa Code.Adoption of Rule Making This rule making was adopted by the Commission on January 20, 2023.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 Commission for a waiver of the discretionary provisions, if any, pursuant to 283—Chapter 7.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 March 15, 2023. The following rule-making action is adopted:
ITEM 1. Adopt the following new 283—Chapter 31: CHAPTER 31MENTAL HEALTH PROFESSIONAL LOAN REPAYMENT PROGRAM283—31.1(261) Definitions. "Eligible institution" means an institution of higher learning governed by the state board of regents or an accredited private institution as defined in Iowa Code section 261.9. "Eligible loan" means the total subsidized, unsubsidized, and consolidated Federal Stafford Loan amount under the Federal Family Education Loan Program, Federal Direct Loan Program, federal Graduate PLUS Loan, or federal Perkins Loan, including principal and interest. Only the outstanding portion of a federal consolidation loan that was used to repay an eligible subsidized or unsubsidized Federal Stafford Loan, Federal Direct Loan, federal Graduate PLUS Loan, or federal Perkins Loan qualifies for loan repayment. An individual who signs a program agreement to receive loan repayment under this program and who refinances an eligible loan by obtaining a private educational loan may continue to receive loan repayment awards. "Eligible practice area" means a location in Iowa that is within a federal mental health shortage area, as designated by the health resources and services administration of the United States Department of Health and Human Services. Mental health professionals who serve clients who reside in eligible practice areas, including rural locations outside of city limits but within the federal mental health shortage area, are eligible to receive the loan repayment award if they are serving those clients on at least a part-time basis. If the designation status of a mental health shortage area is removed after the mental health professional signs an agreement, the mental health professional will continue to qualify for loan repayments provided that all other provisions of the agreement continue to be met. "Full-time" means that an average of at least 40 hours per week are spent providing services as a mental health professional to clients in eligible practice areas. "Mental health professional" means a nonprescribing individual who meets all of the following qualifications: 1. The individual holds at least a master’s degree from an eligible institution in a mental health field, including psychology, counseling and guidance, social work, marriage and family therapy, or mental health counseling. 2. The individual has at least two years of post-master’s degree clinical experience, supervised by another individual in the mental health field, in assessing and diagnosing mental health needs and problems and in providing mental health counseling services to individuals or groups on a full-time or part-time basis. 3. The individual holds a current practitioner’s license issued by an agency or board under the Iowa department of public health or its successor agency, authorizing the individual to practice as a licensed psychologist, licensed independent social worker or licensed master social worker, licensed marriage and family therapist, or licensed mental health counselor. "Part-time" means that an average of at least 28 hours, but fewer than 40 hours, per week are spent providing services as a mental health professional to clients in eligible practice areas.283—31.2(261) Eligibility criteria. 31.2(1) Eligible applicant. An eligible applicant is a mental health professional or a person who agrees to become a mental health professional, agrees to sign a program agreement, and agrees to complete the obligation. 31.2(2) Program agreement. The program agreement specifies the obligation and other details pertaining to the program. 31.2(3) Obligation. An eligible applicant must agree to provide services as a mental health professional in an eligible practice area or eligible practice areas on a full-time basis for five consecutive years unless granted a waiver for part-time practice.283—31.3(261) Awarding and payment of funds. 31.3(1) Selection criteria. New program agreements will be entered into with eligible applicants who are mental health professionals or agree to become mental health professionals. 31.3(2) Priority for awards. In the event that funding is insufficient to award all new eligible applicants, eligible applicants will be prioritized as follows: a. Eligible applicants who are Iowa residents or eligible applicants who are members of the Iowa national guard, if requested by the adjutant general. Members of the Iowa national guard must have satisfactorily completed required guard training and must maintain satisfactory performance of guard duty. In the event that funding is insufficient to award all new eligible applicants who meet these criteria, selection of new eligible applicants will be further prioritized as follows: (1) Eligible applicants who are students in their final year of the degree program that leads to their qualification as a mental health professional, according to the date the application was received by the commission. (2) Eligible applicants completing the two-year post-degree clinical experience required to be a mental health professional, according to the date the application was received by the commission. (3) All other eligible applicants based on the fiscal year in which the eligible applicant met the requirements of a mental health professional, with priority given to those meeting the requirements in the most recent fiscal year. In the event that funding is insufficient to award all new eligible applicants who met the requirements of a mental health professional within a given fiscal year, eligible applicants who met the criteria in that fiscal year will be prioritized according to the date the application was received by the commission. b. Eligible applicants who are not Iowa residents and are not members of the Iowa national guard requested by the adjutant general. In the event that funding is insufficient to award all new eligible applicants who meet these criteria, selection of new eligible applicants will be further prioritized as follows: (1) Eligible applicants who are students in their final year of the degree program that leads to their qualification as a mental health professional, according to the date the application was received by the commission. (2) Eligible applicants completing the two-year post-degree clinical experience required to be a mental health professional, according to the date the application was received by the commission. (3) Other eligible applicants based on the fiscal year in which the eligible applicant met the requirements of a mental health professional, with priority given to those meeting the requirements in the most recent fiscal year. In the event that funding is insufficient to award all new eligible applicants who met the requirements of a mental health professional within a given fiscal year, eligible applicants who met the criteria in that fiscal year will be prioritized according to the date the application was received by the commission. 31.3(3) Mental health professional service requirement. The service requirement for a full-time mental health professional is five years. The service requirement for a mental health professional who is granted a waiver for part-time practice will not exceed seven consecutive years. The mental health professional must annually verify, in a format acceptable to the commission, that the mental health professional provided mental health services in an eligible practice area or eligible practice areas on a full-time basis, or on a part-time basis if a waiver for part-time practice is granted, for each year of required service. 31.3(4) Award amounts. A mental health professional may receive up to $40,000. The maximum award will be paid after the service requirement is completed. 31.3(5) Award proration and disbursement. An award will not exceed the outstanding balance of the mental health professional’s eligible loans.283—31.4(261) Part-time practice. The commission may waive the requirement that the mental health professional be employed full time if the mental health professional requests a waiver from the commission in writing and provides mental health services in eligible practice areas at least 28 hours per 40-hour workweek. If a waiver request is granted by the commission, the agreement will be amended to provide an allowance for part-time employment. The five-year employment obligation will be proportionally extended to ensure the mental health professional provides mental health services in eligible practice areas for the equivalent of five full-time years, not to exceed a total of seven consecutive years.283—31.5(261) Satisfaction of employment obligation. All obligations under the mental health professional loan repayment program are considered to be satisfied when any of the following conditions are met: 1. All terms of the agreement are met. 2. The person who entered into the agreement dies. 3. The person who entered into the agreement, due to permanent disability, is unable to meet the requirements of these rules. 4. The person who entered into the agreement has no remaining eligible loan balance to repay.283—31.6(261) Restrictions. A recipient of an award under Iowa Code section 261.114 shall not be eligible for an award under this chapter. A mental health professional who is in default on a Stafford loan, SLS Loan, Grad PLUS Loan, or a Perkins/National Direct/National Defense Student Loan or who owes a repayment on any Title IV grant assistance or state award shall be ineligible for repayment benefits. Eligibility for state aid may be reinstated upon payment in full of the delinquent obligation or by commission ruling on the basis of adequate extenuating evidence presented in appeal under the procedures set forth in 283—Chapter 5. These rules are intended to implement Iowa Code section 261.117. [Filed 1/20/23, effective 3/15/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6870CEducational Examiners Board[282]Adopted and FiledRule making related to licensure reciprocity
The Educational Examiners Board hereby amends Chapter 13, “Issuance of Teacher Licenses and Endorsements,” Chapter 18, “Issuance of Administrator Licenses and Endorsements,” Chapter 22, “Authorizations,” and Chapter 27, “Issuance of Professional Service Licenses,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 272.2 and 2022 Iowa Acts, Senate File 2383.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 272C.12 and 2022 Iowa Acts, Senate File 2383.Purpose and Summary 2022 Iowa Acts, Senate File 2383, provided updated language for reciprocity laws. This rule making implements those updates.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 6677C. A public hearing was held on December 6, 2022, at 1 p.m. in the Board of Educational Examiners Board Room, 701 East Court Avenue, Suite A, Des Moines, Iowa. Six comments were received in support of the rule making. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on January 19, 2023.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact This rule making will have a positive impact on jobs because it will allow others to easily come to work in Iowa.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, pursuant to 282—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 March 15, 2023. The following rule-making actions are adopted:
ITEM 1. Amend subrule 13.1(1) as follows: 13.1(1) Definitions. "Coursework" means requirements completed for semester hour credit through a college or university accredited by an institutional accrediting agency as recognized by the U.S. Department of Education. "Degree" means a specific qualification earned by a college or university accredited by an institutional accrediting agency as recognized by the U.S. Department of Education. "Nontraditional" means any method of teacher preparation that falls outside the traditional method of preparing teachers. "Proficiency," for the purposes of paragraph 13.5(2)“e,” means that an applicant has passed all parts of the standard. "Recognized non-Iowa teacher preparation institution" means an institution that is state-approved and accredited by an institutional accrediting agency as recognized by the U.S. Department of Education. "State-approved" means a program for teacher preparation approved for state licensure. "Traditional" means a one- or two-year sequenced teacher preparation program of instruction taught at a state-approved college or university accredited by an institutional accrediting agency as recognized by the U.S. Department of Education that includes commonly recognized pedagogy classes coursework and requires a student teaching component. ITEM 2. Amend subrule 13.5(2) as follows: 13.5(2) Applicants from non-Iowa institutions. a. Original application. Applicants under this subrule have completed a teacher preparation program outside the state of Iowa and are applying for their first Iowa teaching license.An applicant from a non-Iowa institution: (1) Shall submit a copy of a valid or expired regular teaching certificate or license exclusive of a temporary, emergency or substitute license or certificate. Endorsements shall be granted based on comparable Iowa endorsements, and endorsement requirements may be waived in order to grant the most comparable endorsement. (2) Shall provide verification of successfully passing the mandated assessment(s) in the state in which the applicant is currently licensed, if applicable. (3) Shall not be subject to any pending disciplinary proceedings in any state or country. (4) Shall comply with all requirements with regard to application processes and payment of licensure fees. b. In addition to the requirements set forth in subrule 13.5(1), an applicant from a non-Iowa institution: (1) Shall submit a copy of a valid or expired regular teaching certificate or license exclusive of a temporary, emergency or substitute license or certificate. (2) Shall provide verification of one of the following: 1. Successfully passing the Iowa-mandated assessment(s) by meeting the minimum score set by the Iowa department of education if the teacher preparation program was completed on or after January 1, 2013; or 2. Successfully passing the mandated assessment(s) in the state in which the applicant is currently licensed; or 3. Three years of teaching experience while holding a valid teaching license. (3) Shall provide an official institutional transcript(s) to be analyzed for the requirements necessary for Iowa licensure. An applicant must have completed at least 75 percent of the coursework as outlined in 281—subrules 79.15(2) to 79.15(5) and an endorsement requirement through a two- or four-year institution in order for the endorsement to be included on the license. An applicant who has not completed at least 75 percent of the coursework for at least one of the basic Iowa teaching endorsements completed will not be issued a license. An applicant seeking a board of educational examiners transcript review must have achieved a C- grade or higher in the courses that will be considered for licensure. An applicant who has met the minimum coursework requirements in this subrule will not be subject to additional coursework deficiency requirements if the applicant provides verification of ten years of successful teaching experience or if the applicant provides verification of five years of successful experience and a master’s degree. (4) Shall demonstrate recency of experience by providing verification of either one year of teaching experience or six semester hours of college credit during the five-year period immediately preceding the date of application. (5) Shall not be subject to any pending disciplinary proceedings in any state or country. (6) Shall comply with all requirements with regard to application processes and payment of licensure fees. c. If through a transcript analysis, the teacher preparation coursework as outlined in 281—subrules 79.15(2) to 79.15(5) or one of the basic teaching endorsement requirements for Iowa is not met, the applicant may be eligible for the equivalent Iowa endorsement areas, as designated by the Iowa board of educational examiners, based on current and valid National Board Certification. d. If the teacher preparation program was considered nontraditional, candidates will be asked to verify the following: (1) That the program was for secondary education; (2) A baccalaureate degree with a cumulative grade point average of 2.50 on a 4.0 scale; and (3) The completion of a student teaching or internship experience or three years of teaching experience. e. If the teacher preparation coursework as outlined in 281—subrules 79.15(2) to 79.15(5) cannot be reviewed through a traditional transcript evaluation, a portfolio review and evaluation process may be utilized. (1) An applicant must demonstrate proficiency in a minimum of at least 75 percent of the teacher preparation coursework as outlined in 281—subrules 79.15(2) to 79.15(5). (2) An applicant must meet with the board of educational examiners to answer any of the board’s questions concerning the portfolio. f. An applicant under this subrule or subrule 13.5(3) shall be granted an Iowa teaching license and will not be subject to additional assessments or coursework deficiencies if the following additional requirements have been met: (1) Verification of Iowa residency, or, for military spouses, verification of a permanent change of military installation. (2) Valid or expired regular teaching certificate or license in good standing from another state without pending disciplinary action, valid for a minimum of one year, exclusive of a temporary, emergency or substitute license or certificate. Endorsements shall be granted based on comparable Iowa endorsements, and endorsement requirements may be waived in order to grant the most comparable endorsement. (3) Passing test scores for the required assessments for the state where the teaching license was issued. g. b. Holders of an Iowa regional exchange license issued prior to January 1, 2021June 16, 2022, may submit a new application if the requirements in this subrule would have been met at the time of their initial application. ITEM 3. Rescind subrules 13.6(1) to 13.6(3). ITEM 4. Amend subrule 13.17(1) as follows: 13.17(1) Teacher exchange license. a. For an applicant applying undersubrule13.5(2), a two-year nonrenewable exchange license may be issued to the applicant under any of the following conditions: (1) The applicant has met the minimum coursework requirements for licensure but has some coursework deficiencies.An applicant must have completed a minimum of a bachelor’s degree and at least 75 percent of the coursework as outlined in 281—subrules 79.15(2) to 79.15(5) and an endorsement requirement. Any coursework deficiencies must be completed for college credit, with the exception of human relations which may be taken for licensure renewal credit through an approved provider. (2) The applicant submits verification that the applicant has applied for and will receive the applicant’s first teaching license and is waiting for the processing or printing of a valid and current out-of-state license. The lack of a valid and current out-of-state license will be listed as a deficiency. (3) The applicant has not met the requirement for recency set forth in 13.5(2)“b”(4). b. After the term of the exchange license has expiredAt any time during the term of the exchange license, the applicant may apply to be fully licensed if the applicant has completed all requirements and is eligible for full licensure. ITEM 5. Amend rule 282—18.6(272) as follows:282—18.6(272) Specific requirements for an administrator prepared out of state. An applicant seeking Iowa licensure who completes an administrator preparation program from a recognized non-Iowa institution shall verify the requirements of rules 282—18.1(272) and 282—18.4(272) through a transcript review. Applicants must hold and submit a copy of a valid or expired regular administrator certificate or license in another state, exclusive of a temporary, emergency or substitute license or certificate. 18.6(1) Administrator exchange license. A one-year nonrenewable administrator exchange license may be issued to an individual who: a. Has met a minimum of 75 percent of the coursework requirements for administrative licensure but has some coursework deficiencies. b. Is eligible for and has applied for a regular valid and current out-of-state administrator license and is waiting for the processing of the license. c. Has not completed the approved evaluator training requirement. d. Has less than five years of verified experience as a school administrator while holding a valid administrator license. 18.6(2) Conversion. Each applicant who receives the one-year administrator exchange license must complete any identified coursework deficiencies in order to be eligible for an initial administrator license or a professional administrator license in Iowa. Any coursework deficiencies must be completed for college credit, with the exception of the human relations component which may be taken for licensure renewal credit through an approved provider. 18.6(3) License without deficiencies. An applicant under this rule shall be granted an Iowa administrator license and will not be subject to coursework deficiencies if the following additional requirements have been met: a. Verification of Iowa residency, or, for military spouses, verification of a permanent change of military installation.b. Validapplicant provides a valid or expired administrator certificate or license in good standing without pending disciplinary action from another state, valid for a minimum of one year, exclusive of a temporary, emergency or substitute license or certificate. Endorsements shall be granted based on comparable Iowa endorsements, and endorsement requirements may be waived in order to grant the most comparable endorsement. Holders of an Iowa administrator exchange license issued prior to January 1, 2021June 16, 2022, may submit a new application if the requirements in this rule would have been met at the time of their initial application. ITEM 6. Rescind paragraph 22.1(2)"d". ITEM 7. Amend subrule 22.2(1) as follows: 22.2(1) Application process. Any person interested in the substitute authorization shall submit records of credit to the board of educational examiners for an evaluation in terms of the required courses or contact hours. Application materials are available from the office of the board of educational examiners, online at www.boee.iowa.gov or from institutions or agencies offering approved courses or contact hours. Degrees and semester hour credits shall be completed through a college or university accredited by an institutional accrediting agency as recognized by the U.S. Department of Education. a. Requirements.Applicants for the substitute authorization shall meet the following requirements: (1) Authorization program. Applicants must complete a board of educational examiners-approved substitute authorization program consisting of the following components and totaling a minimum of 15 clock hours:- Classroom management. This component includes an understanding of individual and group motivation and behavior to create a learning environment that encourages positive social interaction, active engagement in learning, and self-motivation.
- Strategies for learning. This component includes understanding and using a variety of learning strategies to encourage students’ development of critical thinking, problem solving, and performance skills.
- Diversity. This component includes understanding how students differ in their approaches to learning and creating learning opportunities that are equitable and are adaptable to diverse learners.
- Ethics. This component includes fostering relationships with parents, school colleagues, and organizations in the larger community to support students’ learning and development and to be aware of the board’s rules of professional practice and competent performance.
Rule making related to requirements for licenses and authorizations
The Educational Examiners Board hereby amends Chapter 13, “Issuance of Teacher Licenses and Endorsements,” Chapter 22, “Authorizations,” and Chapter 27, “Issuance of Professional Service Licenses,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 272.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 272.2.Purpose and Summary This rule making allows out-of-country applicants to be exempt from Praxis testing if they hold a license in another country or a degree in education, allows candidates with a master’s degree or higher to obtain a content specialist authorization, and changes the requirements for a Class G license to 75 percent of coursework completion.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 6680C. A public hearing was held on December 6, 2022, at 1 p.m. in the Board of Educational Examiners Board Room, 701 East Court Avenue, Suite A, Des Moines, Iowa. No one attended the public hearing. Six written comments were received in support of the rules. One change from the Notice has been made in subparagraph 22.15(3)“d”(1) in Item 2 to remove the language “and techniques of teaching a foreign language.”Adoption of Rule Making This rule making was adopted by the Board on January 19, 2023.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, pursuant to 282—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 March 15, 2023. The following rule-making actions are adopted:
ITEM 1. Amend subrule 13.5(3) as follows: 13.5(3) Applicants from foreign institutions. An applicant for initial licensure whose preparation was completed in a foreign institution must additionally obtain a course-by-course credential evaluation report completed by one of the board-approved credential evaluation services and then file this report with the Iowa board of educational examiners for a determination of eligibility for licensure. After receiving the notification of eligibility by the Iowa board of educational examiners, the applicant must provide verification of successfully passing the Iowa-mandated assessment(s) by meeting the minimum score set by the Iowa department of education.If the applicant submits a teaching credential from another country or a credential evaluation report that verifies the completion of a full teacher preparation program from an accredited institution, the testing requirement may be waived. ITEM 2. Adopt the following new rule 282—22.15(272):282—22.15(272) Content specialist authorization. 22.15(1) Authorization. This authorization is provided to applicants who have not completed a teacher preparation program but who hold a master’s degree or higher in an endorsement area. 22.15(2) Application process. Any person interested in the content specialist authorization shall submit an application to the board of educational examiners for an evaluation. Application materials are available from the office of the board of educational examiners online at www.boee.iowa.gov. Degrees and semester hour credits shall be completed through a college or university accredited by an institutional accrediting agency as recognized by the U.S. Department of Education. 22.15(3) Specific requirements for the initial content specialist authorization. a. The applicant must have completed a master’s degree or higher in an endorsement area through a college or university accredited by an institutional accrediting agency as recognized by the U.S. Department of Education. b. Background check. The applicant must complete the background check requirements set forth in rule 282—13.1(272). c. The applicant must obtain a recommendation from a school district administrator verifying that the school district wishes to hire the applicant. Before the applicant is hired, the school district administrator must verify that a diligent search was completed to hire a fully licensed teacher for the position. d. During the term of the authorization, the applicant must complete board-approved training in the following: (1) Methods and techniques of teaching. Develop skills to use a variety of learning strategies that encourage students’ development of critical thinking, problem solving, and performance skills. The methods course must include specific methods and must be appropriate for the level of endorsement. (2) Curriculum development. Develop an understanding of how students differ in their approaches to learning and create learning opportunities that are equitable and adaptable to diverse learners. (3) Measurement and evaluation of programs and students. Develop skills to use a variety of authentic assessments to measure student progress. (4) Classroom management. Develop an understanding of individual and group motivation and behavior which creates a learning environment that encourages positive social interactions, active engagement in learning, and self-motivation. (5) Code of ethics. Develop an understanding of how to foster relationships with parents, school colleagues, and organizations in the larger community to support students’ learning and development and become aware of the board’s rules of professional practice and code of ethics. (6) Human relations. Develop an understanding of diverse groups found in a pluralistic society, including students from diverse ethnic, racial, and socioeconomic backgrounds; students with disabilities and the gifted and talented; students who are struggling with literacy, including those with dyslexia; students who are English learners; and students who are at risk of not succeeding in school. e. The applicant must be assigned a mentor by the hiring school district. The mentor must have four years of teaching experience in a related subject area. 22.15(4) Validity—initial authorization. The initial content specialist authorization is valid for three years. 22.15(5) Renewal. The initial content specialist authorization may be renewed once if the candidate can demonstrate that coursework progress has been made. 22.15(6) Conversion. The initial content specialist authorization may be converted to a content specialist authorization if the applicant has completed the required coursework set forth in paragraph 22.15(3)“d.” 22.15(7) Specific requirements for the content specialist authorization. a. This authorization is valid for five years. b. An applicant for this authorization must first meet the requirements for the initial content specialist authorization. c. Renewal requirements for the content specialist authorization. Applicants for renewal must meet the requirements set forth in 282—subrule 20.5(1) and 282—paragraphs 20.5(2)“a” through “d.” 22.15(8) Revocation and suspension. Criteria of professional practice and rules of the board of educational examiners shall be applicable to the holders of the initial career and technical secondary authorization or the career and technical secondary authorization. If a school district hires an applicant without a valid license or authorization, a complaint may be filed against the teacher and the superintendent of the school district. ITEM 3. Amend paragraph 27.2(5)"c" as follows: c. Verification that the individual has completedat least 75 percent of the coursework and competencies required prior to the practicum or internship. [Filed 1/19/23, effective 3/15/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6868CEducational Examiners Board[282]Adopted and FiledRule making related to special education instructional strategist endorsement
The Educational Examiners Board hereby amends Chapter 14, “Special Education Endorsements,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 272.2.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 272.2.Purpose and Summary This rule making creates an optional K-12 Special Education Instructional Strategist—All endorsement.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 6679C. A public hearing was held on December 6, 2022, at 1 p.m. in the Board of Educational Examiners Board Room, 701 East Court Avenue, Suite A, Des Moines, Iowa. No one attended the public hearing. Six written comments were received in support of the rule making. One person attended the Administrative Rules Review Committee meeting and spoke in favor of the rule making. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on January 19, 2023.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, pursuant to 282—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 March 15, 2023. The following rule-making action is adopted:
ITEM 1. Adopt the following new subrule 14.2(10): 14.2(10) K-12 instructional strategist I and II: all. This endorsement authorizes instruction for students in K-12 mild and moderate instructional special education programs, students with behavior disorders and learning disabilities, and students with intellectual disabilities, from age 5 to age 21. The applicant must present evidence of having completed the following program requirements. a. Foundations of special education.The philosophical, historical and legal bases for special education, including the definitions and etiologies of individuals with disabilities, exceptional child, and including individuals from culturally and linguistically diverse backgrounds. A review of special education law, including progress monitoring, data collection, and individualized education plans. b. Characteristics of learners.Preparation which includes various etiologies of disabilities, an overview of current trends in educational programming for students with disabilities, educational alternatives and related services, and the importance of the multidisciplinary team in providing more appropriate educational programming from age 5 to age 21. This preparation must include the psychological characteristics of students with disabilities, including classroom learning, cognition, perception, memory, and language development; medical complications including seizure management, tube feeding, catheterization and CPR; the social-emotional aspects of disabilities including adaptive behavior, social competence, social isolation, and learned helplessness; and the social and emotional aspects including dysfunctional behaviors, mental health issues, at-risk behaviors, social imperceptiveness, and juvenile justice. c. Assessment, diagnosis and evaluation.Legal provisions, regulations and guidelines regarding unbiased assessment and use of psychometric instruments and instructional assessment measures with individuals with disabilities. Application of assessment results to individualized program development and management, and the relationship between assessment and placement decisions. Knowledge of any specialized strategies such as functional behavioral assessment and any specialized terminology used in the assessment of various disabling conditions. A review of special education law, including progress monitoring, data collection, and individualized education plans. d. Methods and strategies.Methods and strategies which include numerous models for providing curricular and instructional methodologies utilized in the education of individuals with disabilities. Curricula for the development of cognitive, academic, social, language and functional life skills for individuals with exceptional learning needs, and related instructional and remedial methods and techniques, including appropriate assistive technology. The focus of these experiences is for students at all levels from age 5 to age 21. This preparation must include alternatives for teaching skills and strategies to individuals with disabilities who differ in degree and nature of disability, and the integration of appropriate age- and ability-level academic instruction. Proficiency in adapting age-appropriate curriculum to facilitate instruction within the general education setting, to include partial participation of students in tasks, skills facilitation, collaboration, and support from peers with and without disabilities; the ability to select and use augmentative and alternative communications methods and systems. An understanding of the impact of speech-language development on behavior and social interactions. Approaches to create positive learning environments for individuals with special needs and approaches to utilize assistive devices for individuals with special needs. The design and implementation of age-appropriate instruction based on the adaptive skills of students with disabilities; integrate selected related services into the instructional day of students with disabilities. Knowledge of culturally responsive functional life skills relevant to independence in the community, personal living, and employment. Use of appropriate physical management techniques including positioning, handling, lifting, relaxation, and range of motion and the use and maintenance of orthotic, prosthetic, and adaptive equipment effectively. e. Managing student behavior and social interaction skills.Preparation in individual behavioral management, behavioral change strategies, and classroom management theories, methods, and techniques for individuals with exceptional learning needs. Theories of behavior problems in individuals with intellectual disabilities and the use of nonaversive techniques for the purpose of controlling targeted behavior and maintaining attention of individuals with disabilities. Design, implement, and evaluate instructional programs that enhance an individual’s social participation in family, school, and community activities. f. Communication and collaborative partnerships.Awareness of the sources of unique services, networks, and organizations for individuals with disabilities including transitional support. Knowledge of family systems, family dynamics, parent rights, advocacy, multicultural issues, and communication to invite and appreciate many different forms of parent involvement. Strategies for working with regular classroom teachers, support services personnel, paraprofessionals, and other individuals involved in the educational program. Knowledge of the collaborative and consultative roles of special education teachers in the integration of individuals with disabilities into the general curriculum and classroom. g. Transitional collaboration.Sources of services, organizations, and networks for individuals with intellectual disabilities, including career, vocational and transitional support to postschool settings with maximum opportunities for decision making and full participation in the community. h. Student teaching.Student teaching in special education programs across the age levels of this endorsement. [Filed 1/19/23, effective 3/15/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6869CEducational Examiners Board[282]Adopted and FiledRule making related to work-based learning program supervisor authorization
The Educational Examiners Board hereby amends Chapter 22, “Authorizations,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 272.2 and 2022 Iowa Acts, Senate File 2383.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 272.2 and 2022 Iowa Acts, Senate File 2383.Purpose and Summary This rule making directs the Board to create a work-based learning program supervision authorization.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 6678C. A public hearing was held on December 6, 2022, at 1 p.m. in the Board of Educational Examiners Board Room, 701 East Court Avenue, Suite A, Des Moines, Iowa. No one attended the public hearing. Six written comments were received in support of the rule making. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on January 19, 2023.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact This rule making will have a positive impact on jobs because it will allow more persons to be able to supervise students in a work-based learning program.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, pursuant to 282—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 March 15, 2023. The following rule-making action is adopted:
ITEM 1. Adopt the following new rule 282—22.14(272):282—22.14(272) Work-based learning program supervisor authorization. 22.14(1) Authorization. The work-based learning program supervisor authorization is only valid for service or employment as a work-based learning program supervisor in grades 9-12. 22.14(2) Application process. Any person interested in the work-based learning program supervisor authorization shall submit an application to the board of educational examiners for an evaluation. Application materials are available from the office of the board of educational examiners online at www.boee.iowa.gov. 22.14(3) Specific requirements for the work-based learning program supervisor authorization. a. The applicant must complete the background check requirements set forth in rule 282—13.1(272). b. The applicant must provide verification of completion of the work-based learning program supervisor course. The course must be approved by the board of educational examiners, shall not require more than 15 contact hours, shall be available over the Internet, and shall include content in the fundamentals of career education, curriculum, assessment, and the evaluation of student participation. c. The applicant must provide verification of completion of child and dependent adult abuse trainings as stated in 282—subrule 20.3(4). 22.14(4) Validity. The work-based learning program supervisor authorization is valid for five years. No Class B license or license based on executive director decision may be issued to an applicant holding the work-based learning program supervisor authorization. No additional endorsement areas may be added to the work-based learning program supervisor authorization. 22.14(5) Renewal. An applicant for renewal of the work-based learning program supervisor authorization must provide verification of completion of child and dependent adult abuse trainings as stated in 282—subrule 20.3(4). 22.14(6) Temporary authorization. A one-year temporary work-based learning program supervisor authorization may be issued to applicants who have met all other requirements with the exception of the work-based learning program supervisor course. This temporary authorization is nonrenewable and cannot be extended. 22.14(7) Revocation and suspension. Criteria of the professional practice and rules of the board of educational examiners shall be applicable to holders of the work-based learning program supervisor authorization. [Filed 1/19/23, effective 3/15/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6873CEnvironmental Protection Commission[567]Adopted and FiledRule making related to federal air quality standards
The Environmental Protection Commission (Commission) hereby amends Chapter 20, “Scope of Title—Definitions,” Chapter 22, “Controlling Pollution,” Chapter 23, “Emission Standards for Contaminants,” Chapter 25, “Measurement of Emissions,” and Chapter 28, “Ambient Air Quality Standards,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 455B.133.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 455B.133 and 455B.134.Purpose and Summary This rule making adopts several new mandatory federal air quality standards. The amendments are identical to the federal regulations, and the amendments do not impose any regulations on Iowa businesses not already required by federal law. Additionally, the adoption of these amendments ensures that Iowa’s administrative rules are consistent with federal regulations and not any more stringent. More specifically, the amendments adopt updated federal new source performance standards (NSPS) and air toxics standards, also known as National Emissions Standards for Hazardous Air Pollutants (NESHAP). These standards apply whether they are adopted into state regulation or not; however, by incorporating these terms into the administrative rules, the Department of Natural Resources (Department) can continue to be a delegated authority under the Clean Air Act (CAA). This allows the Department, rather than the U.S. Environmental Protection Agency (EPA), to be the primary compliance and implementation agency in Iowa. In more detail, this rule making adopts the following eight amendments: Item 1 amends rule 567—20.2(455B), definition of “EPA reference method,” to adopt the most current EPA methods for measuring air pollutant emissions, performance testing (sometimes called “stack testing”), and continuous monitoring. EPA’s revisions to 40 Code of Federal Regulations (CFR) Part 60 to correct regulations for source testing of emissions were published in the Federal Register on February 16, 2021 (86 Fed. Reg. 9470 (Feb. 16, 2021)). EPA states that its final amendments correct errors for one of the test methods in 40 CFR Part 60, Appendix A. Adopting EPA’s updates ensures that state reference testing methods match current federal reference methods and are no more stringent than the federal methods. The amendment in Item 2 is adopted concurrently with the amendment in Item 1. It revises the definition of “EPA reference method” in rule 567—22.100(455B) to similarly reflect updates to EPA testing and monitoring methods, which are the methods that apply to the Title V Operating Permit rules in Chapter 22. The amendment in Item 3 adds a new chemical to the definition of “hazardous air pollutant” in rule 567—22.100(455B). On January 5, 2022, EPA published a final rule to add 1-Bromopropane (1-BP) to the CAA’s list of hazardous air pollutants (HAP). The addition of 1-BP, also known as n-propyl bromide, is the first time the EPA has added a new compound to the HAP list since the U.S. Congress provided the original HAP list in the 1990 CAA Amendments. A wide variety of industries may be impacted by the listing of 1-BP, which is primarily used as a cleaning solvent in solvent cleaning machines or as an applied solvent (e.g., wipe cleaning). 1-BP also has reported uses in both the manufacturing process and the final cleaning of metal and plastic parts. A facility must include 1-BP in its potential emissions HAP inventory in construction permit applications as of February 4, 2022. Actual emissions of 1-BP are not required to be reported in Title V or minor source emissions inventories until 2023, for the 2022 emissions year. At this time, the Department is aware of only one facility that has reported actual or potential emissions of 1-BP. More information on the short- and long-term regulatory impacts of EPA’s listing of 1-BP is available in the Department’s electronic air quality newsletter, which was sent to over 25,000 subscribers on January 25, 2022, and is available on the Department’s website at www.iowadnr.gov/About-DNR/DNR-News-Releases/ArticleID/3885/EPA-adds-1-bromopropane-1- BP-to-the-Clean-Air-Act-List-of-Hazardous-Air-Pollutants. The amendments in Items 4, 5, and 6 adopt changes to the federal NSPS and NESHAP. The CAA obligates EPA to issue standards to control air pollution. The NSPS and NESHAP set federal standards and deadlines for industrial, commercial, or institutional facilities to meet uniform standards for equipment operation and air pollutant emissions. Because the NSPS and NESHAP adopted by reference are federal regulations, affected sources are subject to the federal requirements regardless of whether the Commission adopts the standards into the administrative rules. However, the CAA allows a state or local agency to implement NSPS and NESHAP as a delegated authority. Upon adoption of the standards, the Department becomes the delegated authority for the specific NSPS or NESHAP and is the primary implementation agency in Iowa. Two local agencies, those in Polk County and Linn County, implement these standards within their counties. The administrative rules, including all compliance deadlines, are identical to the federal NSPS and NESHAP as of a specific federal publication date. With delegation authority and adoption of the federal standards into the administrative rules and the rules of Polk County and Linn County, the Department has the ability to make applicability determinations for facilities, rather than referring these decisions to EPA. Stakeholders affected by NSPS and NESHAP typically prefer for the Department, rather than EPA, to be the primary implementation agency in Iowa. Upon adoption of the new and amended standards, the Department will work with affected facilities to provide any needed compliance assistance. Additionally, affected area sources that are small businesses are eligible for free technical assistance through the Iowa Air Emissions Assistance Program. In more detail, Item 4 amends subrule 23.1(2) to adopt by reference changes EPA made to the NSPS. As described in the amendment for Item 1 above, EPA corrected an error to a test method in 40 CFR Part 60, Appendix A. Additionally, on January 19, 2021, EPA amended the NSPS for Volatile Organic Liquid Storage Vessels (40 CFR Part 60, Subpart Kb). These amendments will allow facilities with certain equipment to elect to comply with the corresponding NESHAP requirements in lieu of the NSPS requirements. Risk and technology reviews for NESHAP (40 CFR Part 63) Most of EPA’s amendments adopted in subrule 23.1(4) address the risk and technology reviews required under the CAA. The CAA requires EPA to address air toxics emissions from large industrial facilities (major sources) in two phases. The first phase of review is technology-based, where EPA develops standards for controlling the emissions of air toxics from sources in an industry group or “source category” (for example, industrial boilers). These maximum achievable control technology (MACT) standards are based on emissions levels that controlled and low-emitting sources in an industry are already achieving. The second phase of review is a risk-based approach called residual risk. In this step, EPA must determine whether more health-protective standards are necessary. Within eight years of setting the MACT standards, the CAA requires EPA to assess the remaining health risks from each source category to determine whether the MACT standards protect public health with an ample margin of safety and protect against adverse environmental effects. On this same schedule, the CAA also requires EPA to review the standards and, if necessary, revise them to account for improvements in air pollution controls or prevention. The combined review of public health risk and air pollution control is called the “risk and technology review” (RTR). Impact of the NESHAP amendments For most of the recent NESHAP RTR updates, EPA has determined that the risks from emissions from affected source categories are acceptable and that there are no new cost-effective controls available. However, the updates do include revisions to the requirements for periods of startup, shutdown, and malfunction (SSM) and require electronic reporting of performance test results and compliance reports. In some cases, EPA made minor amendments to correct errors, clarify requirements, and provide technical updates. EPA also provided additional flexibilities in several of the final NESHAP RTRs, such as alternative testing methods or reduced monitoring. A few of the recent and upcoming NESHAP RTRs do include more substantive requirements for pollution control and monitoring. Table 1 below identifies the EPA amendments to the NESHAP source categories adopted by reference in amendments in Item 5 and Item 6. The standards are identified by source category and are listed in order of publication date in the Federal Register. The table also indicates the subpart in 40 CFR Part 63, as well as the associated paragraph in subrule 23.1(4). Additionally, the table indicates the number of facilities that the Department estimates are currently affected by the specific standard. The Commission is adopting standards that currently do not affect any Iowa sources in case a new facility of that type is constructed in the future. Table 1 Federal NESHAP Amendments Adopted by ReferenceNESHAP: Affected Source CategoryDate Published in Federal Register40 CFR 63 Subpart/Subrule 23.1(4) ParagraphEstimated Iowa Facilities AffectedChemical Preparations Industry (Area Source)12/30/2009*BBBBBBB/“fb”1General Provisions3/26/2021A/“a”N/AFlexible Polyurethane Foam Fabrication Operations11/18/2021MMMMM/“dm”0Surface Coating of Automobiles and Light-Duty Trucks11/19/2021IIII/“ci”0Surface Coating of Metal Cans11/19/2021KKKK/“ck”0Boat Manufacturing11/19/2021VVVV/“cv”0Refractory Products Manufacturing11/19/2021SSSSS/“ds”0Carbon Black Production and Cyanide Chemicals Manufacturing11/19/2021YY/“ay”0List of Hazardous Air Pollutants (Addition of 1-Bromopropane (1-BP))1/5/2022A/“a”N/AMercury Cell Chlor-Alkali Plants5/6/2022IIIII/“di”0*The Commission did not adopt this NESHAP (Subpart BBBBBBB) upon finalization by EPA because there were no affected Iowa facilities at that time. Recently, the Department became aware of one facility that is subject to this NESHAP. The Commission is now adopting the NESHAP to have the Department become the delegated authority for this federal regulation. Item 7 amends subrule 25.1(9) to adopt the changes EPA made to the federal test methods for measuring emissions, as explained above for Item 1. Item 8 amends rule 567—28.1(455B) to adopt the National Ambient Air Quality Standards (NAAQS) for ozone that were published in the Federal Register on October 26, 2015 (80 Fed. Reg. 65291-65468 (Oct. 26, 2015)). The Commission did not adopt the 2015 ozone NAAQS at the time of EPA promulgation due to active litigation of the 2015 standards. The substantive issues in the legal challenges have since been resolved, and the Commission is now adopting the 2015 ozone NAAQS. All areas in Iowa are currently attaining the 2015 ozone NAAQS.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 6631C. A public hearing was held on December 5, 2022, at 1 p.m. 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 January 17, 2023.Fiscal Impact After analysis and review of this rule making, these amendments will have no fiscal impact on the State of Iowa and a neutral impact on regulated facilities, the general public, and county and local governments. Some of the amendments may benefit the private sector because they streamline current air quality programs. Affected businesses and the public benefit from up-to-date air quality requirements and increased effectiveness. A copy of the fiscal impact statement is available from the Department upon request. Jobs Impact After analysis and review, it has been determined that the amendments will have an overall neutral impact on private sector jobs and employment opportunities. Some of the rules may ultimately benefit the private sector because they streamline current air quality programs. Others may result in an unquantifiable jobs impact; however, because these are mandatory federal standards, any such impact would originate at the federal level. These amendments are identical to the federal regulations and will not impose any regulations on Iowa businesses not already required by federal law. In some cases, the revised federal standards being adopted provide more flexibility and potential cost savings for affected businesses, offering a positive impact on private sector jobs. 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 March 15, 2023. The following rule-making actions are adopted:
ITEM 1. Amend rule 567—20.2(455B), definition of “EPA reference method,” as follows: "EPA reference method" means the following methods used for performance tests and continuous monitoring systems:- Performance test (stack test). A stack test shall be conducted according to EPA reference methods specified in 40 CFR 51, Appendix M (as amended or corrected through October 7, 2020); 40 CFR 60, Appendix A (as amended or corrected through October 7, 2020February 16, 2021); 40 CFR 61, Appendix B (as amended or corrected through October 7, 2020); and 40 CFR 63, Appendix A (as amended or corrected through December 2, 2020).
- Continuous monitoring systems. Minimum performance specifications and quality assurance procedures for performance evaluations of continuous monitoring systems are as specified in 40 CFR 60, Appendix B (as amended or corrected through October 7, 2020); 40 CFR 60, Appendix F (as amended or corrected through October 7, 2020); 40 CFR 75, Appendix A (as amended or corrected through August 30, 2016); 40 CFR 75, Appendix B (as amended or corrected through August 30, 2016); and 40 CFR 75, Appendix F (as amended or corrected through August 30, 2016).
- Performance test (stack test). A stack test shall be conducted according to EPA reference methods specified in 40 CFR 51, Appendix M (as amended or corrected through October 7, 2020); 40 CFR 60, Appendix A (as amended or corrected through October 7, 2020February 16, 2021); 40 CFR 61, Appendix B (as amended or corrected through October 7, 2020); and 40 CFR 63, Appendix A (as amended or corrected through December 2, 2020).
- Continuous monitoring systems. Minimum performance specifications and quality assurance procedures for performance evaluations of continuous monitoring systems are as specified in 40 CFR 60, Appendix B (as amended or corrected through October 7, 2020); 40 CFR 60, Appendix F (as amended or corrected through October 7, 2020); 40 CFR 75, Appendix A (as amended or corrected through August 30, 2016); 40 CFR 75, Appendix B (as amended or corrected through August 30, 2016); and 40 CFR 75, Appendix F (as amended or corrected through August 30, 2016).
Rule making related to five-year rules review
The Human Services Department hereby amends Chapter 7, “Appeals and Hearings,” and Chapter 58, “Emergency Assistance,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 29C.20A and 217.6.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 29C.20A and 217.6.Purpose and Summary Chapter 58 was reviewed as part of the Department’s five-year rules review. This rule making adds a new definition for the term “mitigation” and updates other definitions to match the definitions in Iowa Code chapter 321. The names of forms are removed to eliminate unnecessary future changes as form names change. This rule making clarifies that reimbursement for replacement of food or personal property through the Iowa Individual Assistance Grant Program (IIAGP) may be given in the form of checks or gift cards and the applicant must sign a promise to purchase replacement food or personal property. Requirements relating to submission of receipts for claimed expenses and a request to participate in a voucher system are removed; however, an applicant must provide proof of the household’s annual income and an itemized list of items that were damaged by a disaster. Applications are to be submitted within 45 days of a disaster declaration; however, the rule making allows the application period to be extended beyond 45 days if the Governor extends the disaster proclamation. This rule making allows insurance deductibles to be reimbursed up to the $5,000 limit per household as long as the household provides a denial letter from the insurance company. This rule making clarifies that home repair assistance will be denied if preexisting conditions are the cause of the damage. Repairs to rental dwellings, dwelling units or landlord-owned equipment are excluded under this program. This rule making clarifies that grant funding is limited to personal property, food assistance, home repair and temporary housing and cannot exceed $5,000. The list of items that may be considered personal property is being revised to recategorize items in a more logical manner and remove maximum limits for each personal property type. The list of authorized home repair assistance is also being revised to remove maximum limits for each repair type. This rule making increases the total temporary housing assistance from $2,500 to $5,000 and includes this assistance as part of disaster assistance. Requirements for notices of adverse action were moved from Chapter 7 to Chapter 16, effective April 15, 2020. Chapter 7 is updated to reflect that change. The rule making increases the amount of time from 15 days to 30 days that a household may request reconsideration or file an appeal regarding an eligibility determination or a disagreement with the amount of assistance awarded. This rule making clarifies that the program shall commence on the day following the Governor’s disaster proclamation and shall be provided for a period of up to 180 days. The program may be extended in 90-day intervals when adequate justification is presented, but it cannot exceed 730 days from the date of the proclamation. If the disaster becomes a presidentially declared disaster and a Federal Emergency Management Agency (FEMA) disaster care management (DCM) grant is approved, then assistance may be provided for a period of up to 24 months from the date of the proclamation.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 30, 2022, as ARC 6690C. The Department received comments from two community action agencies. Comment 1: One respondent commented that the proposed changes were positive changes that were needed to make a more efficient program. The chapter was revised to clarify the expenses that were eligible for grant funding, including vehicle replacement or repairs. The respondent is concerned that the $5,000 limit on funds makes it difficult to purchase an appropriate, reliable car. The respondent also questions if the funds could be used as a down payment for a car. Response 1: The Department appreciates the comment submitted by the respondent. While the respondent makes a valid point that it may be difficult for applicants to purchase a reliable car within the limit imposed on grant funding, the Department has no authority to authorize additional funding. Iowa Code section 29C.20A(3) clearly states the amount of the grant for a household shall not exceed $5,000. Grant funding shall be limited to personal property, food assistance, home repair and temporary housing and shall not exceed a total of $5,000. Recipients may choose to use the funds as a down payment for a car, but no additional funds will be provided if the purchase price of the vehicle exceeds the grant maximum. No changes were made based on this comment. Comment 2: One respondent commented on the proposed change to subrule 58.4(4) that requires the applicant to provide a denial letter from an insurance company. The respondent suggested the verbiage be changed to clarify the applicant must provide claim documentation from the insurance company, instead of a denial letter, since there may be times when a household is approved by insurance but the insurance doesn’t cover the entire need. Response 2: Based on the respondent’s comment, subrule 58.4(4) in Item 7 has been revised and now reads as follows: “58.4(4) The household has unmet disaster-related expenses or serious needs that are not covered by insurance. The applicant must provide claim documentation from the insurance company.”Adoption of Rule Making This rule making was adopted by the Council on Human Services on January 12, 2023.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). 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 April 1, 2023. The following rule-making actions are adopted:
ITEM 1. Adopt the following new paragraph 7.3(3)"c": c. A final decision from a previous hearing with a presiding officer has been implemented. ITEM 2. Amend paragraphs 7.4(3)"d" and 7.4(3)"e" as follows: d. Iowa individual disaster assistance program.For appeals pertaining to the Iowa individual disaster assistance program, the appellant must appeal on or before the fifteenththirtieth day following the date of the department’s reconsideration decision, pursuant to 441—subrule 58.7(1). e. Iowa disaster case management program.For appeals pertaining to the Iowa disaster case management program, the appellant must appeal on or before the fifteenththirtieth day following the date of the department’s reconsideration decision, pursuant to 441—subrule 58.7(1). ITEM 3. Adopt the following new definition of “Mitigation” in rule 441—58.1(29C): "Mitigation" means the effort to reduce the loss of life and property by lessening the impact of disasters to reduce human and financial consequences later. ITEM 4. Amend rule 441—58.1(29C), definitions of “Bona fide residence,” “Fifth-wheel travel trailer,” “Manufactured home,” “Manufactured or mobile home,” “Motor home” and “Travel trailer,” as follows: "Bona fide residence" "bona fide address," as set forth in Iowa Code section 321.1(6C), means the pre-disaster street or highway address of an individual’s dwelling or dwelling unit.The bona fide residence of a person with more than one dwelling is the dwelling for which the person claims a homestead tax credit under Iowa Code chapter 425, if applicable. The bona fide residence of a homeless person is a primary nighttime residence meeting one of the criteria listed in Iowa Code section 48A.2(2)48A.2(3). "Fifth-wheel travel trailer," as set forth in Iowa Code section 321.1(36C)“c,”321.1(36D)“c,” means a type of travel trailer which is towed by a pickup by a connecting device known as a fifth wheel. However, this type of travel trailer may have an overall length which shall not exceed 45 feet. If the vehicle is used in this state as a place of human habitation for more than 180 consecutive days in one location, the vehicle shall be classed as a manufactured or mobile home regardless of the size limitations provided in this definition. "Manufactured home" "modular home," as set forth in Iowa Code section 321.1(36B)321.1(36C), is a factory-built structure constructed under authority of 42 U.S.C. §5403as amended to August 25, 2022, which is required by federal law to display a seal from the United States Department of Housing and Urban Development, and was constructed on or after June 15, 1976. "Manufactured or mobile home," as set forth in Iowa Code section 321.1(36C)“a,”321.1(36D)“a,” means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons. "Motor home," as set forth in Iowa Code section 321.1(36C)“d,”321.1(36D)“d,” means a motor vehicle designed as an integral unit to be used as a conveyance upon the public streets and highways and for use as a temporary or recreational dwelling and having at least four, two of which shall be systems specified in paragraph “1,” “4,” or “5” of this definition, of the following permanently installed systems which meet American National Standards Institute and National Fire Protection Association standards in effect on the date of manufacture:- Cooking facilities.
- Ice box or mechanical refrigerator.
- Potable water supply including plumbing and a sink with faucet either self-contained or with connections for an external source, or both.
- Self-contained toilet or a toilet connected to a plumbing system with connection for external water disposal, or both.
- Heating or air conditioning system or both, separate from the vehicle engine or the vehicle engine electrical system.
- A 110- to 115-volt alternating current electrical system separate from the vehicle engine electrical system either with its own power supply or with a connection for an external source, or both, or a liquefied petroleum system and supply. If the vehicle is used in this state as a place of human habitation for more than 90 consecutive days in one location, the vehicle shall be classed as a manufactured or mobile home regardless of the size limitations provided in this definition.
Rule making related to five-year rules review
The Human Services Department hereby amends Chapter 80, “Procedure and Method of Payment,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code chapter 249A and section 249A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 249A and section 249A.4.Purpose and Summary Chapter 80 was reviewed as part of the Department’s five-year rules review. Chapter 80 provides information on submitting claims to receive payment for providers of medical care participating in Medicaid. The rules review resulted in the following technical changes. Form names and numbers are updated. Cross-references to other chapters are revised for accuracy. “Enterprise” is removed from the Iowa Medicaid name to be consistent across all chapters related to Medicaid. References to federal regulations are also updated to provide accurate listings. Rules that are outdated are removed.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 6641C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on January 12, 2023.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).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 April 1, 2023. The following rule-making actions are adopted:
ITEM 1. Amend rule 441—80.2(249A) as follows:441—80.2(249A) Submission of claims. Providers of medical and remedial care participating in the program shall submit claims for services rendered to the Iowa Medicaid enterprise on at least a monthly basis. All nursing facilities and providers of home- and community-based services shall submit claims for services afterthe end of the calendar month in which the services are provided. Following audit of the claim, the Iowa Medicaid enterprise will make payment to the provider of care. 80.2(1) Electronic submission. Providers are encouragedrequired to submit claims electronically whenever possible. a. Ambulance service providers may bill electronically only when the procedures performed are identified by codes based on the ones that Medicare recognizes as emergency and support medical necessity without a review by the Iowa Medicaid enterprise. b. a. When filing electronic claims, pharmacies shall use the format prescribed by the National Council for Prescription Drug Programs. c. b. Claims submitted electronically after implementation of the Health Insurance Portability and Accountability Act of 1996 shall be filed on theAmerican National Standards Institute (ANSI) Accredited Standards Committee (ASC) X12N 837 transaction, Health Care Claim. The department shall send all providers written notice when the Act is implemented. (1) Providers listed as filing claims on Form CMS-1500 or on the Claim for Targeted Medical Care shall file claims on the professional version of the837 Health Care Claim. (2) Providers listed as filing claims on Form CMS-1450 or on the Iowa Medicaid Long-Term Care Claimor UB04 shall file the institutional version of the837 Health Care Claim. (3) Dentists shall file the dental version of the837 Health Care Claim. (4) Pharmacists providing drugs and injections shall use the format prescribed by the National Council for Prescription Drug Programs. d. c. If a claim submitted electronically requires attachments or supporting clinical documentation and a national electronic attachment has not been adopted, the provider shall: (1) Use Form 470-3969, Claim Attachment Control, as the cover sheet for the paper attachments or supporting clinical documentationthe Iowa Medicaid portal access (IMPA) system to submit supporting documents when billing Medicaid fee for service claims; and (2) Reference on Form 470-3969 the attachment control number submitted on the ASC X12N 837 electronic transaction. 80.2(2) Claim forms. Claims for payment for services provided recipients shall be submitted on Form CMS-1500, Health Insurance Claim Form, except as noted below. a. The following providers shall submit claims on Form UB-04, CMS-1450: (1) Home health agencies providing services other than home- and community-based services. (2) Hospitals providing inpatient care or outpatient services, including inpatient psychiatric hospitals. (3) Psychiatric medical institutions for children. (4) Rehabilitation agencies. (5) Hospice providers. (6) Medicare-certified nursing facilities. (7) Nursing facilities for the mentally ill. (8) Special population nursing facilities as defined in rule 441—81.6(249A)441—Chapter 81. (9) Out-of-state nursing facilities. (10) Health insurance premium payment (HIPP) providers. b. All other nursing facilities and intermediate care facilities for persons with an intellectual disability shall file claims using an electronic version of Form UB-04 CMS-1450. c. Pharmacies shall submit claims on the Universal Pharmacy Claim Form when filing paper claims. d. Dentists shall submit claims on the dental claim form approved by the American Dental Association. e. Rescinded IAB 8/1/07, effective 9/5/07. f. e. Providers of home- and community-based waiver services, including home health agencies, shall submit claims on Form 470-2486, Claim for Targeted Medical Care. In the event of the death of the member, the case manager or service worker shall sign and date the claim form if the services were delivered. g. f. Case management providers billing services provided pursuant to 441—Chapter 90 to fee-for-service members shall submit claims using a HIPAA-compliant electronic claim. h. g. For fee-for-service members, providers billing claims for Medicare beneficiaries that do not cross over electronically to the Iowa Medicaid enterprise must submit the following electronically, in accordance with the All Providers, IV. Billing Iowa Medicaid manual, located at dhs.iowa.gov/sites/default/files/All-IV.pdf: (1) Form UB-04. (2) Form CMS-1500. The Explanation of Medicare Benefits (EOMB) is only required when requested by the Iowa Medicaid enterprise. i. h. For managed care members, providers billing claims for Medicare beneficiaries that do not cross over electronically must submit the following electronically: (1) Form UB-04 and the Explanation of Medicare Benefits (EOMB); and (2) Form CMS-1500 and the Explanation of Medicare Benefits (EOMB). j. i. Health insurance premium payment (HIPP) providers shall submit Form 470-5475, Health Insurance Premium Payment (HIPP) Provider Invoice, along with an explanation of benefits (EOB). 80.2(3) Providers shall purchase their supplies of forms CMS-1450 and CMS-1500 for use in billing. This rule is intended to implement Iowa Code section 249A.4. ITEM 2. Amend rule 441—80.3(249A) as follows:441—80.3(249A) Payment from other sources. This rule applies to claims for the department, managed care organizations, and the Public Health Associate Program (PHAP). 80.3(1) Payments deducted. The amount of any payment made directly to the provider of care by the recipient, relatives, or any source shall be deducted from the established cost standard for the service provided to establish the amount of payment to be made by Iowa Medicaid. 80.3(2) Third-party liability. a. When a third-party liability for medical expenses exists, this resource shall be utilizedfor payment of a claim before the Medicaid program makes payment unless: a. (1) The department pays the total amount allowed under the Medicaid payment schedule and then seeks reimbursement from the liable third party. This “pay and chase” provision applies to claims for: (1) 1. Preventive pediatric services, and (2) 2. All services provided to a person for whom there is court-ordered medical support. b. (2) Otherwise authorized by the department. b. All claims must be clean claims. A clean claim is defined as 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. 80.3(3) Recovery from third parties legally responsible to pay for health care. Parties that are, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service shall: a. Respond toNo later than 60 days after receiving any inquiry by the state regarding a claim for payment for any health care item or service that is submitted no later than three years after the date of the provision of the item or service, respond to such inquiry, pursuant to 42 U.S.C. Section 1396a(25)(I)(iii), effective March 13, 2022. b. Agree not to deny any claim submitted by the state solely because of the date of submission of the claim, the type or format of the claim form, or a failure to present proper documentation at the point of sale that is the basis of the claim,or, in the case of a responsible third party (other than the original Medicare fee-for-service program under Parts A and B of 42 U.S.C. Chapter 7, Subchapter XVIII, a Medicare Advantage plan offered by a Medicare Advantage organization under Part C of 42 U.S.C. Chapter 7, Subchapter XVIII, a reasonable cost of reimbursement plan under 42 U.S.C. Section 1395mm, a health care prepayment plan under 42 U.S.C. Section 1395l, or a prescription drug plan (PDP) offered by a PDP sponsor under Part D of 42 U.S.C. Chapter 7, Subchapter XVIII), a failure to obtain a prior authorization for the item or service for which the claim is being submitted, if both of the following conditions are met: (1) The claim is submitted to the entity by the state within the three-year period beginning on the date on which the item or service was furnished. (2) Any action by the state to enforce its rights with respect to the claim is commenced within six years of the date that the claim was submitted by the state. c. Reimburse the Medicaid program within 90 days of the request for repayment. d. Agree not to deny any claim submitted by the state solely because of lack of prior authorization. This rule is intended to implement Iowa Code chapter 249A. ITEM 3. Amend rule 441—80.4(249A) as follows:441—80.4(249A) Time limit for submission of claims and claim adjustments. 80.4(1) Submission of claims. Payment will not be made on any claim when the amount of time that has elapsed between the date the service was rendered and the date the initial claim is received by the Iowa Medicaid enterprise exceeds 365 days. The department shall consider claims submitted beyond the 365-day limit for payment only if retroactive eligibility on newly approved cases is made that exceeds 365 days or if attempts to collect from a third-party payer delay the submission of a claim. In the case of retroactive eligibility, the claim must be received within 365 days of the first notice of eligibility by the department. 80.4(2) Claim adjustments and resubmissions. A provider’s request for an adjustment to a paid claim or resubmission of a denied claim must be received by the Iowa Medicaid enterprise within 365 days from the date the claim was last adjudicated in order to have the adjustment or resubmission considered. In no case will a claim be paid if the claim is received beyond two years from the date of service. 80.4(3) Definition. For purposes of this rule, a claim is “received” when entered into the department’s payment system with an action of pay, deny, or suspend. Any claim returned to the provider without such action is not “received.” This rule is intended to implement Iowa Code sections 249A.3, 249A.4 and 249A.12. ITEM 4. Amend subrule 80.5(1) as follows: 80.5(1) Identification cards. The department shall issue Form 470-1911,a Medical Assistance Eligibility Card, to members for use in securing medical and health services available under the program except as provided in 441—76.6(249A)441—Chapter 76. a. The department shall issue the Medical Assistance Eligibility Card: (1) When the member’s eligibility is initially determined. (2) Annually thereafter. (3) (2) Upon the member’s request for replacement of a lost, stolen, or damaged card. b. The Medical Assistance Eligibility Card is valid only for months in which the member has established eligibility, as indicated on the department’s eligibility verification system (ELVS). Payment will be made for services provided to an ineligible person when ELVS indicates that the person was eligible for the period in which the service was provided. ITEM 5. Amend subrule 80.6(1) as follows: 80.6(1) Medical assistance corrective payments. Payment may be made to the client or county relief agency in accordance with rule 441—75.8(249A)441—Chapter 75. ITEM 6. Amend rule 441—80.7(249A) as follows:441—80.7(249A) Health care data match program. As a condition of doing business in Iowa, health insurers shall provide, upon the request of the state, information with respect to individuals who are eligible for or are provided medical assistance under the state’s medical assistance state plan to determine (1) during what period the member or the member’s spouse or dependents may be or may have been covered by a health insurer and (2) the nature of the coverage that is or was provided by the health insurer. This requirement applies to self-insured plans, group health plans as defined in the federal Employee Retirement Income Security Act of 1974 (Public Law 93-406), service benefit plans, managed care organizations, pharmacy benefits managers, and other parties that are, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service. 80.7(1) Agreement required. The parties shall sign a data use agreement for the purposes of this rule. TheA data use agreement shall prescribethe specific detail elements required, in addition to any privacy protections, in the manner in which information shall be provided to the department of human services, or its designee, and the acceptable uses of the information provided. a. The initial provision of data shall include the data necessary to enable the departmentor its designee to match covered persons and identify third-party payers for the two-year period before the initial provision of the data. The data shall include the name, address, and identifying number of the plan. b. Ongoing monthly matches may be limited to changes in the data previously provided, including additional covered persons, with the effective dates of the changes. 80.7(2) Agreement form. a. An agreement with the department shall be in substantially the same form as Form 470-4415, Agreement for Use of Data. b. An agreement with the department’s designee shall be in a form approved by the designee, which shall include privacy protections equivalent to those provided in Form 470-4415, Agreement for Use of Data. 80.(3) 80.7(2) Confidentiality of data. The exchange of information carried out under this rule shall be consistent with all laws, regulations, and rules relating to the confidentiality or privacy of personal information or medical records, including but not limited to: a. The federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191; and b. Regulations promulgated in accordance with that Act and published in 45 CFR Parts 160 through 164as amended to April 11, 2022. ITEM 7. Amend 441—Chapter 80, implementation sentence, as follows: These rules are intended to implement Iowa Code section 249A.4chapter 249A. [Filed 1/12/23, effective 4/1/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6852CHuman Services Department[441]Adopted and FiledRule making related to reimbursement rates
The Human Services Department hereby amends Chapter 82, “Intermediate Care Facilities for Persons with an Intellectual Disability,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 249A.12 and 249A.16.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 249A.12 and 249A.16.Purpose and Summary During the 2022 Legislative Session, House File 2578, section 31, appropriated funds to increase reimbursement rates for intermediate care facilities for persons with an intellectual disability (ICFs/ID) over the rates in effect on June 30, 2022. The entire rate increase is to be used for the wages and associated costs specific to wages, benefits and required withholding for direct support professionals and frontline management. These amendments adopt a new wage add-on factor for community-based ICFs/ID to be included in the rates effective July 1, 2022, and after. The wage add-on factor is added to the maximum allowable base rate.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 30, 2022, as ARC 6691C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on January 12, 2023.Fiscal Impact For the fiscal year beginning July 1, 2022, reimbursement rates for ICFs/ID shall be increased over the rates in effect on June 30, 2022, within the $1,339,971 appropriated for this purpose. This rule making implements the reimbursement rate increases. The entire rate increase is required to be used for the wages and associated costs specific to wages, benefits and required withholding for direct support professionals and frontline management.Jobs Impact There is a potential to impact wages since providers will be able to increase wages for direct support staff in ICF/ID settings statewide. This may not increase the number of new jobs but instead increase wages for current positions. 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).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 April 1, 2023. The following rule-making action is adopted:
ITEM 1. Adopt the following new subrule 82.5(17): 82.5(17) Wage add-on factor. A wage add-on factor of $8.86 per day for community-based ICFs/ID shall be included in rates effective July 1, 2022, and after, not subject to the maximum allowable cost ceiling in paragraph 82.5(14)“e,” until rates are established using the cost reports for the period ending June 30, 2023. a. In accordance with 2022 Iowa Acts, House File 2578, section 31, the entire wage add-on factor shall be used for wages and associated costs specific to wages, benefits, and required withholding of direct support professionals and frontline management. b. The wage add-on factor of $8.86 per day shall be added to the maximum allowable base rate in subparagraph 82.5(14)“d”(1) until the next rebase using cost reports for the period ending June 30, 2024. c. The wage add-on factor of $8.86 per day shall be added to the maximum allowable cost ceiling, eightieth percentile of costs of all participating facilities in paragraph 82.5(14)“e,” until the eightieth percentile maximum is established using the December 31, 2023, compilation for rates effective beginning July 1, 2024. [Filed 1/12/23, effective 4/1/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6853CHuman Services Department[441]Adopted and FiledRule making related to five-year rules review
The Human Services Department hereby amends Chapter 87, “Family Planning Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 217.41B.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 217.41B.Purpose and Summary Chapter 87 was reviewed as part of the Department’s five-year rules review. Chapter 87 defines the state family planning program, which is a state-funded program within the Medical Assistance program. This rule making adds language to allow eligibility for Afghan parolees and members of three Pacific Island nations’ populations included in the Compacts of Free Association (COFA) to clarify their eligibility for this program. Minor updates and clarifications to eligibility criteria are made as part of the review. The rules review also resulted in the following technical changes. Definitions are updated to provide clarity and correct references to other chapters. “Enterprise” is removed from the Iowa Medicaid name to be consistent across all chapters related to Medicaid. References to federal regulations are also updated to provide accurate listings. References to Iowa Code section 232.2(20B) refer to that section as enacted by 2022 Iowa Acts, House File 2507.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 6642C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on January 12, 2023.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).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 April 1, 2023. The following rule-making actions are adopted:
ITEM 1. Amend 441—Chapter 87, preamble, as follows: PreambleThis chapter defines and structures the family planning program administered by the department pursuant to 2017 Iowa Acts, House File 653, section 90Iowa Code section 217.41B. The purpose of this program is to provide family planning services to individuals who are not enrolled in medical assistance under 441—Chapter 74 or 441—Chapter 75. The department is not receiving federal financial participation for expenditures under the family planning program. Therefore, this chapter shall remain in effect only as long as state funding is available.The family planning program shall replicate the eligibility requirements and other provisions included in the Medicaid family planning network waiver, as approved by the Centers for Medicare and Medicaid Services of the U.S. Department of Health and Human Services in effect on June 30, 2017, but shall provide for distribution of the family planning services program funds in accordance with this chapter.Distribution of family planning program funds under this chapter shall be made in a manner that continues access to family planning services. ITEM 2. Amend rule 441—87.1(217) as follows:441—87.1(217) Definitions. "Applicant" means a person who applies for assistance under the family planning program described in this chapter. "Authorized Title X agency" means an agency or entity with an executed memorandum of understanding (MOU) with the Iowa department of human services authorizing the agency to perform point-of-service eligibility determinations for the family planning program. "Citizen" "citizenship" includes both citizens of the United States and nationals of the United States as defined in 8 U.S.C. Section 1101(a)(22). "Creditable qualifying quarters" means all of the qualifying quarters of coverage as defined under Title II of the Social Security Act worked by a parent of an alien while the alien was under the age of 18, and qualifying quarters worked by a spouse of an alien during their marriage if the alien remains married to the spouse or was married to the spouse at the spouse’s death, except for quarters beginning after December 31, 1996, if the parent or spouse of the alien received any federal means-tested public benefit during the period for which the qualifying quarter is credited. "Department" means the Iowa department of human services. "Family planning services" means pregnancy prevention and related reproductive health services. "Federal poverty level" means the levels published and updated periodically in the Federal Register by the United States Department of Health and Human Services (DHHS) under the authority of 42 U.S.C. Section 9902(2) and revised annually on April 1. "Member" means a person who has been determined eligible and is a current or former recipient of the family planning program services. "Noncitizen" means the same as the term “alien” as defined at 8 U.S.C. Section 1101(a)(3). "Qualified noncitizen" means the same as the term “qualified alien” as defined at 8 U.S.C. Section 1641(b) and (c) and refers to a person who is:- Lawfully admitted for permanent residence in the United States under the Immigration and Nationality Act (INA);
- Granted asylum in the United States under Section 208 of the INA;
- A refugee admitted to the United States under Section 207 of the INA;
- Paroled into the United States under Section 212(d)(5) of the INA for a period of at least one year;
- A person whose deportation from the United States is withheld under Section 243(h) of the INA as in effect before April 1, 1997, or under Section 241(b)(3) of the INA;
- Granted conditional entry to the United States pursuant to Section 203(a)(7) of the INA as in effect before April 1, 1980;
- An Amerasian admitted to the United States as described in 8 U.S.C. Section 1612(b)(2)(A)(i)(V);
- A Cuban/Haitian entrant to the United States as described in 8 U.S.C. Section 1641(b)(7);
- A battered noncitizen as described in 8 U.S.C. Section 1641(c);
- Certified as a victim of trafficking as described in Section 107(b)(1)(A) of Public Law 106-386;
- An American Indian born in Canada to whom Section 289 of the INA applies or a member of a federally recognized Indian tribe as defined in 25 U.S.C. Section 450b(e);
- Under the age of 21 and lawfully residing in the United States as allowed by 42 U.S.C. Section 1396b(v)(4)(A)(ii); or
- Lawfully residing in the United States in accordance with a Compact of Free Association with the government of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau as described in 8 U.S.C. Section 1612(b)(2)(G) as amended by Section 208 of Division CC of Public Law 116-260.
- Is a member of a recognized religious sect or division of a sect; and
- Adheres to the tenets or teachings of the sect or division of the sect and for that reason is conscientiously opposed to applying for or using a national identification number.
- Requires proof of United States citizenship before issuance of the license or document; or
- Obtains a social security number from the applicant and verifies before certification that the number is valid and is assigned to the applicant who is a citizen.
- A certificate of birth in the United States.
- Form FS-545 or Form DS-1350 (Certification of Birth Abroad) issued by the U.S. Citizenship and Immigration Services.
- Form I-97 (United States Citizen Identification Card) issued by the U.S. Citizenship and Immigration Services.
- Form FS-240 (Report of Birth Abroad of a Citizen of the United States) issued by the U.S. Citizenship and Immigration Services.
- Another document that provides proof of United States citizenship or nationality, as the Secretary of the U.S. Department of Health and Human Services may specify pursuant to 42 U.S.C. Section 1396b(x)(3)(C)(v).
Rule making related to five-year rules review
The Human Services Department hereby amends Chapter 90, “Case Management Services,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted 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 90 was reviewed as part of the Department’s five-year rules review. Chapter 90 provides information on case management services and when those services are available to members. This rules review resulted in the following technical amendments. Definitions are updated to provide correct references to other chapters. “Enterprise” is removed from the phrase “Iowa Medicaid enterprise” to be consistent across all chapters related to Medicaid. References to federal regulations are also updated to provide accurate listings.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 6643C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on January 12, 2023.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).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 April 1, 2023. The following rule-making actions are adopted:
ITEM 1. Amend rule 441—90.1(249A), definitions of “Care coordination,” “Chronic mental illness,” “Integrated health home,” “Intellectual disability,” “Major incident,” “Managed care organization” and “Medical institution,” as follows: "Care coordination" means the case management services provided by an integrated health home to members who are also receiving home- and community-based habilitation services pursuant to rule 441—78.27(249A)441—Chapter 78 or HCBS children’s mental health waiver services pursuant to rules 441—83.121(249A) through 441—83.129(249A)441—Chapter 83. "Chronic mental illness" means a condition present in adults who have a persistent mental or emotional disorder that seriously impairs their functioning relative to such primary aspects of daily living as personal relations, living arrangements, or employment. The definition of chronic mental illness and qualifying criteria are found at rule 441—24.1(225C)in 441—Chapter 24. For purposes of this chapter, people with mental disorders resulting from Alzheimer’s disease or substance abuse shall not be considered chronically mentally ill. "Integrated health home" "IHH" means a provider of health home services that is a Medicaid-enrolled provider and that is determined through the provider enrollment process to have the qualifications, systems and infrastructure in place to provide IHH services pursuant to rule 441—77.47(249A)441—Chapter 77. IHH covered services and member eligibility for IHH enrollment are also governed by rule 441—78.53(249A)441—Chapter 78 and the health home state plan amendment. The IHH provides care coordination services for enrolled habilitation and children’s mental health waiver members. "Intellectual disability" means a diagnosis of intellectual disability (intellectual developmental disorder), global developmental delay, or unspecified intellectual disability (intellectual developmental disorder). Diagnosis criteria are outlined in rule 441—83.61(249A)441—Chapter 83. "Major incident" means an occurrence that involves a member who is enrolled in an HCBS waiver, targeted case management, or habilitation services and that:- Results in a physical injury to or by the member that requires a physician’s treatment or admission to a hospital;
- Results in the death of any person;
- Requires emergency mental health treatment for the member;
- Requires the intervention of law enforcement;
- Requires a report of child abuse pursuant to Iowa Code section 232.69, a report of dependent adult abuse pursuant to Iowa Code section 235B.3, or a report of elder abuse pursuant to Iowa Code chapter 235F; or
- Constitutes a prescription medication error or a pattern of medication errors that leads to the outcome in numbered paragraph “1,” “2,” or “3”; or
- 6Involves a member’s location being unknown by provider staff who are responsible for protective oversight.
Rule making related to five-year rules review
The Human Services Department hereby amends Chapter 98, “Support Enforcement Services,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 252B.9.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 252B.9.Purpose and Summary Chapter 98 was reviewed as part of the Department’s five-year rules review. Chapter 98 outlines the enforcement services provided by the Child Support Recovery Unit. These amendments update legal references for the Iowa Rules of Civil Procedure. Form names and numbers are also updated. References to the Iowa Code and to federal regulations are also updated to provide accurate listings. The name of the food assistance program is updated to replace it with the federal name of the Supplemental Nutrition and Assistance Program to be consistent across all programs.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 6644C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on January 12, 2023.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).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 April 1, 2023. The following rule-making actions are adopted:
ITEM 1. Amend rule 441—98.5(252E) as follows:441—98.5(252E) Health benefit plan information. The unit shall gather information concerning a health benefit plan. 98.5(1) Information from an employer. The unit shall gather information concerning a health benefit plan an employer may offer an obligor as follows: a. The unit may send Form 470-0177M, Employment and Health Insurance Questionnaire, whenever a potential employer is identified. b. The unit shall secure information about health care coverage from a known employer on Form 470-2743, Employer Medical Support Information, when Form 470-3818, National Medical Support Notice, or an order has been forwarded to the employer pursuant to Iowa Code section 252E.4. 98.5(2) Information from an obligor. The unit may secure medical support information from an obligor on Form 470-0413, Obligor Insurance Questionnaire. 98.5(3) Disposition of information. The unit shall provide the information: a. To the Medicaid agency and to the obligee, when requested, when the dependent is a recipient of Medicaid. b. To the obligee, when requested, when the dependent is not a recipient of Medicaid. ITEM 2. Amend paragraph 98.7(2)"a" as follows: a. If an obligor was ordered to provide health care coverage under an order but did not comply with the order, the child support recovery unit may implement the order by forwarding to the employer a copy of the order, an ex parte order as provided in Iowa Code section 252E.4, or Form 470-3818, National Medical Support Notice. ITEM 3. Amend subrule 98.7(3) as follows: 98.7(3) Termination of employment. When the child support recovery unit receives information indicating the obligor’s employment has terminated, the unit shall secure the status of the health benefit plan by sending Form 470-3218, Employer Insurance Notification, to the employer.If no response is received within 30 days of sending Form 470-3218, the unit shall send a second request on Form 470-3219, Employer Insurance Second Notification, to the employer. ITEM 4. Amend paragraph 98.8(2)"a" as follows: a. The obligor shall be entitled to only one informal conference for each new employer to which the unit has forwarded Form 470-3818, National Medical Support Notice, oran order under Iowa Code section 252E.4 to enforce medical support. ITEM 5. Amend subrule 98.42(1) as follows: 98.42(1) Notice to employer. The unit may send notice to the employer or other income provider by regular mail or by electronic means in accordance with Iowa Code chapter 252D. If the unit is sending notice by regular mail, it shall send Form 470-3272, Income Withholding for Support, or a notice in the standard format prescribed by 42 U.S.C. §666(b)(6)(A). If the unit is sending the notice by electronic means, it may include notice of more than one obligor’s order and need only state once provisions which are applicable to all obligors, such as the information in paragraphs 98.42(1)“d,” “f,” “g,” and “i.” The statement of provisions applicable to all obligors may be sent by regular mail or electronic means. The notice of income withholding shall contain information such as the following: a. The obligor’s name and social security number. b. The amount of current support to withhold. c. The amount of support to withhold for payment of delinquent support, if any. d. The amount an income provider may deduct for costs of processing each support payment. e. The child support case number. f. The location to which payments are sent. g. The maximum amount that can be withheld for payment of support as specified in rule 441—98.40(252D,252E). h. The method to calculate net income. i. Responsibilities of the income provider as specified in Iowa Code section 252D.17. j. Responsibility, if any, of the income provider to enroll the obligor’s dependent for coverage under a health benefit plan. ITEM 6. Amend subrule 98.42(2) as follows: 98.42(2) Notice to obligor. Form 470-2624, Initiation of Income Withholding/Medical Support Enforcement, shall be sent to the last-known address of the obligor by regular mail. The notice shall contain the following information: a. A statement of the obligor’s right to an informal conference. b. The process to request an informal conference. c. The obligor’s right to claim hardship criteria and the process for a claim. d. The obligor’s right to file a motion to quash the income withholding order or notice with the district court. e. The information provided to the employer or other income provider, or a copy of the notice sent to the employer or other income provider. f. The amount of any delinquency. ITEM 7. Amend subrule 98.42(3) as follows: 98.42(3) Standard format. As provided in Iowa Code section 252D.17, an order or notice of an order for income withholding shall be in a standard format prescribed by the child support recovery unit. Form 470-3272, Income Withholding for Support, is the standard format prescribed by the child support recovery unit, and the unit shall make a copy of the form available to the state court administrator and the Iowa state bar association. ITEM 8. Amend 441—Chapter 98, Division II, Part C, implementation sentence, as follows: These rules are intended to implement Iowa Code Supplement chapters 252D and 252E. ITEM 9. Amend subrule 98.61(5) as follows: 98.61(5) Good cause. The name of the obligor shall not be included when there has been a finding of good cause for noncooperation with the child support recovery unit in a public assistance case pursuant to 441—subrule 41.2(8) or 441—subrule 75.14(1)441—Chapter 41 or 441—Chapter 75 and a determination has been made that enforcement may not proceed without risk of harm to the child or caretaker. ITEM 10. Amend subrule 98.62(2) as follows: 98.62(2) Availability of list. Once released, the list shall be provided to other persons upon payment of an amount to cover the cost of producing a copy as specified in 441—subrule 9.3(7)441—Chapter 9. Requests shall be directed to the Bureau of Collections, Fifth Floor, Hoover State Office Building, Des Moines, Iowa 50319-0114. ITEM 11. Amend rule 441—98.73(252B) as follows:441—98.73(252B) Method and requirements of reporting. The obligor shall complete Form 470-3155, Report of Seek Employment Activity, which shall be submitted to the unit on a weekly basis throughout the duration of the order unless the obligor has a valid reason for not complying with the order. The obligor shall document at least five new attempts to find employment on the form each week. The same employer may not be reported more than once per week.The obligor shall include the names, addresses, and the telephone numbers of each of the five employers or businesses with whom the obligor attempted to seek employment and the name of the individual contact to whom the obligor made application for employment or to whom the inquiry was directed. ITEM 12. Amend subrule 98.74(2) as follows: 98.74(2) Temporary illness or disability. Temporary illness or disability of the obligor or other household member is considered a valid reason upon receipt of completed Form 470-3158, Physician’s Statement, verifying the obligor’s inability to seek or accept employment. ITEM 13. Amend subrule 98.74(6) as follows: 98.74(6) Job training. Participation in a job training or job seeking program through the department of employment services as a result of receiving food stampsbenefits from the Supplemental Nutrition Assistance Program (SNAP) is considered a valid reason upon receipt of verification from the department of employment services. ITEM 14. Amend rule 441—98.75(252B) as follows:441—98.75(252B) Method of service. The seek employment order shall be served on the obligor by regular mail. Proof of service shall be completed in accordance with Iowa Rulesaccording to Rule of Civil Procedure, Number 821.442. ITEM 15. Amend rule 441—98.81(252B), definition of “Delinquent support,” as follows: "Delinquent support" means a payment, or portion of a payment, including interest, not received by the clerk of the district court or other designated agency at the time it was due. In addition, delinquent support shall also include payments for parental liabilities not received as specified pursuant to rule 441—156.2(234)441—Chapter 156. ITEM 16. Amend subrule 98.84(8) as follows: 98.84(8) Offset notice, appeal, and refund. The federal Department of the Treasury will send notice that a federal income tax refund or federal nontax payment owed to the obligor has been intercepted. When the unit receives information from the federal Office of Child Support Enforcement regarding the offset, or when the individual whose name was submitted for federal offset notifies the department that the individual has received an offset notice, the department shall issue to that individual Form 470-3684, Appeal Rights for Federal Offsets. a. The individual whose name was submitted for federal offset shall have 15 days from the date of the notice to contest the offset by initiating an administrative appeal pursuant to 441—Chapter 7. Except as specifically provided in this rule, administrative appeals will be governed by 441—Chapter 7. The issue on appeal shall be limited to a mistake of fact. Any other issue may be determined only by a court of competent jurisdiction. b. The department shall refund the incorrect portion of a federal income tax offset or federal nontax payment offset within 30 days following verification of the offset amount. Verification shall mean a listing from the federal Office of Child Support Enforcement containing the obligor’s name and the amount of tax refund or nontax payment to which the obligor is entitled. The date the department receives the federal listing will be the beginning day of the 30-day period in which to make a refund. c. The department shall refund the amount incorrectly set off to the obligor unless the obligor agrees in writing to apply the refund of the incorrect offset to any other support obligation due. ITEM 17. Amend rule 441—98.94(252I) as follows:441—98.94(252I) Notice to financial institution. The unit may send a notice to the financial institution with which the account is placed, directing that the financial institution forward to the collection services center all or a portion of the moneys in the obligor’s account or accounts on the date the notice is received. The notice shall be sent by first-class mail, with proof of service completed according to rule of civil procedure 82Rule of Civil Procedure 1.442. The notice to the financial institution shall contain all of the information specified in Iowa Code chapter 252I. ITEM 18. Amend rule 441—98.95(252I) as follows:441—98.95(252I) Notice to support obligor. The unit shall notify an obligor, and any other party known to have an interest in the account, of the action. The notice shall contain all of the information specified in Iowa Code chapter 252I. The unit shall forward the notice by first-class mail within two working days of sending the notice to the financial institution. Proof of service shall be completed according to Iowa RulesRule of Civil Procedure 821.442. ITEM 19. Amend subrule 98.101(2) as follows: 98.101(2) Subpoena or warrant. An individual must have failed to comply with a subpoena or warrant, as defined in Iowa Code chapter 252J, relating to a paternity or support proceeding. If a subpoena was issued, the individual must have failed to comply with either Form 470-3413, Child Support Recovery Unit Subpoena, or an Interstate Subpoena as provided in paragraph 96.2(1)“a”subrule 96.2(1) within 15 days of the issuance of the subpoena, and proof of service of the subpoena was completed according to Rule of Civil Procedure 821.442. ITEM 20. Amend subrule 98.102(2) as follows: 98.102(2) Temporary illness or disability. Temporary illness or disability of the individual or illness or disability of another household member which requires the presence of the individual in the home as caretaker is considered a valid reason for exemption upon receipt of a completed Form 470-3158, Physician’s Statement, verifying the individual’s or household member’s inability to work. ITEM 21. Amend subrule 98.102(4) as follows: 98.102(4) Job training. Participation in a job-training or job-seeking program through the department of employment services as a result of receiving food stampsbenefits from the Supplemental Nutrition Assistance Program is considered a valid reason for exemption upon receipt of verification from the department of employment services or verification through online information available to CSRU or upon receipt of a written statement from an income maintenance worker. ITEM 22. Amend subrule 98.103(3) as follows: 98.103(3) Certificate of noncompliance. If an individual fails to respond in writing to the notice within 20 days, or if the individual requests a conference and fails to appear, the unit shall issue a Certificate of Noncompliance, Form 470-3274, to applicable licensing authorities in accordance with Iowa Code section 252J.3. ITEM 23. Amend rule 441—98.104(252J) as follows:441—98.104(252J) Conference. 98.104(1) Scheduling of conference. Upon receipt from an individual of a written request for a conference, CSRU shall schedule a conference not more than 30 days in the future. At the request of either CSRU or the individual, the conference may be rescheduled one time. When setting the date and time of the conference, if notice was sent to an obligor under subrule 98.103(1), CSRU shall request the completion of Form 470-0204, Financial Statement, and other financial information from both the obligor and the obligee as may be necessary to determine the obligor’s ability to comply with the support obligation. 98.104(2) Payment calculation. If notice was sent to an obligor under subrule 98.103(1) during the conference held in compliance with the provisions of Iowa Code section 252J.4, CSRU shall determine if the obligor’s ability to pay varies from the current support order by applying the mandatory supreme court guidelines as contained in 441—Chapter 99, Division I, with the exception of subrules 99.4(3) and 99.5(5). If further information from the obligor is necessary for the calculation, CSRU may schedule an additional conference no less than ten days in the future in order to allow the obligor to present additional information as may be necessary to calculate the amount of the payment. If, at that time, the obligor fails to provide the required information, CSRU shall issue a Certificate of Noncompliance, Form 470-3274, to applicable licensing authorities. If the obligee fails to provide the necessary information to complete the calculation, CSRU shall use whatever information is available. If no income information is available for the obligee, CSRU shall determine the obligee’s income in accordance with 441—subrules 99.1(2) and 99.1(4). This calculation is for determining the amount of payment for the license sanction process only, and does not modify the amount of support obligation contained in the underlying court order. 98.104(3) Referral for review and adjustment. If the amount calculated in subrule 98.104(2) meets the criteria for review and adjustment as specified in rule 441—99.62(252B,252H), or administrative modification as specified in rule 441—99.82(252H) and subrules 441—99.83(1), 99.83(2) and 99.83(6) at the time CSRU provides the payment agreement to the obligor, CSRU shall also provide the obligor with any necessary forms to request a review and adjustment or administrative modification of the support obligation. The payment agreement remains in effect during the review and adjustment or administrative modification process. ITEM 24. Amend rule 441—98.105(252J) as follows:441—98.105(252J) Payment agreement. The License Sanction Payment Agreement, Form 470-3273, shall require the obligor to pay the lower of the amount calculated in subrule 98.104(2) or the maximum amount payable under an income withholding order as specified in rule 441—98.24(252D). 98.105(1) Duration of payment agreement. The License Sanction Payment Agreement signed under this division shall remain in effect for at least one year from the date of issuance unless CSRU determines the obligor has a valid reason for exemption as specified in rule 98.102 (252J)441—98.102(252J). Except in those cases in which review and adjustment are in process, CSRU may, at the end of the year, begin the process of reviewing the case to ensure that the payment amount continues to accurately reflect the obligor’s ability to pay as calculated in subrule 98.104(1). 98.105(2) Failure to comply. If at any time following the signing of a payment agreement the obligor fails to comply with all the terms of the agreement, CSRU shall issue a Certificate of Noncompliance, Form 470-3274, to applicable licensing authorities in accordance with the provisions of Iowa Code chapter 252J. ITEM 25. Amend rule 441—98.106(252J) as follows:441—98.106(252J) Staying the process due to full payment of support. If the obligor, at any time, pays the total support owed, both current and past due, or an individual complies with the subpoena or warrant, CSRU shall stay the process, and any Certificate of Noncompliance, Form 470-3274, whichthat has been issued shall be withdrawn by CSRU. ITEM 26. Amend rule 441—98.107(252J) as follows:441—98.107(252J) Duration of license sanction. The Certificate of Noncompliance, Form 470-3274, shall remain in effect until the obligor pays all support owed, both arrears and current; or the obligor enters into a payment agreement with CSRU; or the obligor meets one of the criteria for exemption specified at subrules 98.102(1), 98.102(2), and 98.102(4); or the individual complies with the subpoena or warrant. ITEM 27. Amend 441—Chapter 98, Division VIII, implementation sentence, as follows: These rules are intended to implement Iowa Code chapter 252Jas amended by 1997 Iowa Acts, House File 612, Division X. ITEM 28. Amend 441—Chapter 98, Division X, preamble, as follows: This division implements provisions of 1997 Iowa Acts, House File 612, sections 35 and 244Iowa Code chapter 252B, which provideprovides for enforcement of child support arrearages by external sources. These sources are entities under contract to collect difficult-to-collect arrearages and private attorneys acting independently of the unit but with the unit’s consent. The rules provide criteria and procedures for referral of delinquent support to collection contractors, assessment of the statutory surcharge, and opportunity for the delinquent parent to contest. The rules also provide a procedure to allow state payment to private attorneys enforcing child support recovery unit (CSRU) cases and provide criteria to exempt cases from the procedure. ITEM 29. Amend rule 441—98.121(252B) as follows:441—98.121(252B) Difficult-to-collect arrearages. The child support recovery unit may refer difficult-to-collect arrearages to a collection entity under contract with the unit or with another state entity. Upon referral, a surcharge, in addition to the support, shall be due and payable by the obligor as provided in 1997 Iowa Acts, House File 612, section 244Iowa Code chapter 252B. 98.121(1) Difficult-to-collect arrearage. A difficult-to-collect arrearage is one based upon a court or administrative order which meets all the following criteria: a. There is no order for current support and only an arrearage is owing. b. There has been no payment, except for federal or state tax refund offset payments, in the past three months. c. There is no valid reason for exemption from the referral and surcharge process. Valid reasons for exemption and acceptable verification are those listed in subrules 98.102(1), 98.102(3), and 98.102(6). Upon verification of those conditions, the child support recovery unit shall bypass or exempt the obligor’s arrearages from the referral and surcharge process. When the information to verify the exemption is not available to the child support recovery unit through online sources, the child support recovery unit shall request, and the obligor shall provide, verification of the reason for exemption. 98.121(2) Notice of the possibility of referral and surcharge. The child support recovery unit shall provide notice of the possibility of a referral and surcharge to the obligor as required by 1997 Iowa Acts, House File 612, section 244Iowa Code chapter 252B. The notice shall be provided at least 15 days before the unit sends the notice of referral and surcharge to the obligor, subject to the following: a. Notification contained in order.When the support order under which the arrearage has accrued contains language advising of statutory provisions for referral and surcharge, no other preliminary notice shall be required. b. Notification issued by the child support recovery unit.When the support order under which the arrearage has accrued does not contain language regarding the statutory provisions for referral and surcharge, or was entered under a foreign jurisdiction and notification was not included in the support order or provided as a separate written notice, the child support recovery unit shall issue a notice to the obligor. The notice shall be sent by regular mail to the obligor’s last-known address. 98.121(3) Notice of referral and surcharge. The child support recovery unit shall send notice of a referral and surcharge to the obligor by regular mail to the obligor’s last-known address, with proof of service completed according to Rule of Civil Procedure 821.442. The notice shall contain all the information required by 1997 Iowa Acts, House File 612, section 244Iowa Code chapter 252B. The notice shall be sent at least 30 days before the unit refers the arrearage to the collection entity. 98.121(4) Contesting the referral and surcharge. An obligor may contest the referral and surcharge. The right to contest is limited to a mistake of fact including but not limited to a mistake in the identity of the obligor, a mistake as to whether there was a payment in the three months before the date of the notice specified in subrule 98.121(3), a mistake as to whether an exemption in paragraph 98.121(1)“c” applies, or a mistake in the amount of arrearages. a. An obligor may contest the referral and surcharge by submitting a written request for a review to the unit within 20 days of the date on the notice of referral and surcharge specified in subrule 98.121(3). Upon receipt of a written request for review, the unit shall follow the criteria and procedures specified in 1997 Iowa Acts, House File 612, section 244,Iowa Code chapter 252B for resolving the request. (1) If the unit determines there is a mistake in the identity of the obligor, if there was a payment, other than a federal or state income tax offset, within the three months before the date of the notice specified in subrule 98.121(3), or if there is another mistake of fact and the arrearage does not meet the criteria for referral, the unit shall issue a written notice to the contestant or obligor of the determination and not refer the arrearages. If the unit later determines an arrearage may be subject to referral, it shall issue a new notice as provided in subrule 98.121(3). (2) If the unit determines there was a mistake in the amount of arrearages, but the corrected amount of arrearages will still be referred, or if the unit determines there is no mistake of fact, the unit shall issue a written notice of the determination of the review to the obligor by regular mail to the last-known address of the obligor. The notice shall include the amount of the arrearages that will be referred and the surcharge which will be assessed. The notice shall also include information on requesting an additional review by the bureau chief, and on requesting a judicial hearing. For purposes of this rule, bureau chief shall mean “bureau chief” as defined in rule 441—95.1(252B). b. An obligor may contest the notice of determination of review by submitting a written request for an additional review by the bureau chief within 20 days of the date of the notice of determination of the review issued under paragraph “a.” Upon receipt of the written request for additional review, the bureau chief shall review the facts of the case. (1) If the bureau chief determines a mistake in the identity of the obligor has occurred, if there was a payment, other than a federal or state income tax offset, within the three months before the date of the notice specified in subrule 98.121(3), or if there is another mistake of fact and the arrearage does not meet the criteria for referral, the bureau chief shall issue a written notice to the contestant or obligor of the determination and the arrearages shall not be referred. If the unit later determines an arrearage may be subject to referral, it shall issue a new notice as provided in subrule 98.121(3). (2) If the bureau chief determines that there was a mistake in the amount of the arrearage but the corrected amount of arrearages will still be referred, or if there is no mistake of fact, the bureau chief shall send a written notice of the additional review determination to the obligor by regular mail to the last-known address of the obligor. The notice shall include the amount of the arrearage that will be referred and the surcharge which will be assessed. The notice shall also include information on requesting a judicial hearing. c. Following the issuance of a notice of determination of a review under paragraph 98.121(4)“a,” or issuance of a notice of determination of an additional review under paragraph 98.121(4)“b,” the obligor may request a district court hearing. The obligor shall make a request by sending a written request for a hearing to the unit within ten days of the date of the unit’s written determination of the review, or within ten days of the date of the bureau chief’s written determination of an additional review, whichever is later. Procedures for a district court hearing are specified in 1997 Iowa Acts, House File 612, section 244Iowa Code chapter 252B. d. The unit shall not refer arrearages and assess a surcharge until after completion of any review, additional review or judicial hearing process. 98.121(5) Referral and surcharge. a. If the obligor has not paid the arrearage, has not contested the referral, or if, following the unit’s review, the bureau chief’s additional review, and any judicial hearing, the unit, bureau chief, or court does not find a mistake of fact, the arrearage shall be referred to the collection entity. b. The amount of the arrearage referred shall be the amount that is unpaid as of the date of the referral. The amount of the surcharge shall be an amount equal to the amount of the arrearage unpaid as of the date of the referral, multiplied by the percentage specified in the contract with the collection entity. c. The child support recovery unit shall file a notice of the surcharge with the clerk of the district court in the county in which the underlying support order is filed. This rule is intended to implement 1997 Iowa Acts, House File 612, section 244Iowa Code chapter 252B. ITEM 30. Amend rule 441—98.122(252B), introductory paragraph, as follows:441—98.122(252B) Enforcement services by private attorney entitled to state compensation. An attorney licensed to practice law in Iowa may utilize judicial proceedings to collect support, at least a portion of which is assigned support, and be entitled to compensation by the state as provided in 1997 Iowa Acts, House File 612, section 35Iowa Code chapter 252B. ITEM 31. Amend subrule 98.122(1) as follows: 98.122(1) Eligible cases. To be eligible for attorney services with compensation under this rule, a case must meet all of the following: a. The child support recovery unit is providing services under Iowa Code chapter 252B. b. The current support obligation is terminated and only arrearages are due under the administrative or court order. c. There has been no payment under any order in the case for at least a 12-month period prior to the provision of the notice from the attorney to the unit under paragraph 98.122(1)“f.” d. At least a portion of the arrearages due under any order in the case is assigned to the state because cash assistance was paid under 1997 Iowa Acts, Senate File 516, sections 2 through 24 and 35Iowa Code chapter 252B. e. The case does not have any of the following characteristics: (1) There has been a finding of good cause or other exception pursuant to Iowa Code section 252B.3as amended by 1997 Iowa Acts, House File 612, section 26. (2) A portion of the arrears is assigned to another state because of public assistance provided by that state. (3) Another attorney has already notified the unit of the intent to initiate a judicial proceeding to collect support due under any order in the same case under this rule, and either the time to receive the collection has not expired or the unit has not received a notice from the other attorney that the judicial proceeding has concluded prior to the expiration of the time period. (4) If the notice from the attorney under paragraph 98.122(1)“f” specifies contempt of court as the judicial proceeding, and the unit has generated a seek employment order to the obligor under Iowa Code section 252B.21 less than nine months prior to the date on the notice from the attorney. (5) The case or arrearages have been referred by the child support recovery unit to a collection entity under Iowa Code section 252B.5, subsection 3, as amended by 1997 Iowa Acts, House File 612, section 30, or 1997 Iowa Acts, House File 612, section 244,252B.5(3) less than nine months prior to the date on the notice from the attorney. (6) The obligor has filed for bankruptcy and collection activities are stayed. (7) The notice from the attorney under paragraph 98.122(1)“f” lists a specific judicial proceeding and the unit has already initiated the same type of proceeding in court. (8) The case has been referred to the U.S. Attorney’s office and is still pending at that office. f. The attorney has provided written notice to the central office of the child support recovery unit in Des Moines, as specified in subrule 98.122(2), and to the last-known address of the obligee of the intent to initiate a specified judicial proceeding to collect support on any identified court or administrative order involving the obligor and obligee in the case. g. The attorney has provided documentation of insurance to the unit as required by 1997 Iowa Acts, House File 612, section 35Iowa Code chapter 252B. h. The collection must be received by the collection services center within 90 days of the notice from the attorney in paragraph 98.122(1)“f,” or within a subsequent 90-day extension period. ITEM 32. Amend paragraph 98.122(2)"c" as follows: c. If the case is eligible under this rule, the attorney may initiate judicial proceedings after 30 days after providing the notice tothe child support recovery unit in paragraph 98.122(2)“a.”Section 35 of 1997 Iowa Acts, House File 612,Iowa Code chapter 252B defines “judicial proceedings.” ITEM 33. Amend subrule 98.122(3) as follows: 98.122(3) Collection and payment to attorney. a. Upon compliance with the requirements of 1997 Iowa Acts, House File 612, section 35,Iowa Code chapter 252B and this rule, the attorney shall be entitled to compensation from the state as provided for in this rule. b. Upon receipt of a file-stamped copy of a court order which identifies the amount of support collected as a result of the judicial proceeding and which does not order the payment of attorney fees by the obligor, and the receipt of the collection by the collection services center, all the following apply: (1) Section 35 of 1997 Iowa Acts, House File 612,Iowa Code chapter 252B specifies the formula to calculate the compensation due the attorney from the state. The child support recovery unit shall calculate the compensation due the attorney based upon the amount of support which is credited to arrearages due the state at the time the collection is received by the collection services center. After calculating the amount due the attorney, the unit shall reduce the amount due the attorney by the amount of any penalty or sanction imposed upon the state as a result of any other judicial proceeding initiated by that attorney under 1997 Iowa Acts, House File 612, section 35Iowa Code chapter 252B. The child support recovery unit shall send the attorney a notice of the amount of the compensation due from the state. (2) The collection services center shall disburse any support due an obligee prior to payment of compensation to the attorney. (3) The child support recovery unit shall not authorize disbursement of compensation to the attorney until the later of 30 days after receipt of the collection and the file-stamped copy of the order, or resolution of any timely appeal by the obligor or obligee. (4) The amount of compensation due the attorney is subject to judicial review upon application to the court by the attorney. ITEM 34. Amend rule 441—98.122(252B), implementation sentence, as follows: This rule is intended to implement 1997 Iowa Acts, House File 612, section 35Iowa Code chapter 252B. [Filed 1/12/23, effective 4/1/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6856CHuman Services Department[441]Adopted and FiledRule making related to five-year rules review
The Human Services Department hereby amends Chapter 99, “Support Establishment and Adjustment Services,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code chapters 252B, 252C and 252F.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 252B, 252C and 252F.Purpose and Summary Chapter 99 was reviewed as part of the Department’s five-year rules review. Chapter 99 outlines the rules governing the provision of services provided by the child support recovery unit regarding the establishment of paternity, the establishment of support obligations, the review and adjustment of support obligations, the modification of support obligations, and the suspension and reinstatement of support obligations. These amendments align the rules with the current procedures for paternity establishment in the Iowa Code. References to the Iowa Code and federal regulations are updated to provide accurate listings. Outdated guidance on establishment of support obligations and guidelines for setting support awards are rescinded.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 30, 2022, as ARC 6692C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on January 12, 2023.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).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 April 1, 2023. The following rule-making actions are adopted:
ITEM 1. Amend rule 441—99.22(252F) as follows:441—99.22(252F) Mother’s certified statement. Before initiating an action under Iowa Code chapter 252F, the unit may obtain a signed Child Support Information, Form 470-3877, or Establishment Questionnaire, Form 470-3929, or a similar document from the child’s caretaker. The unit shall obtain the Mother’s Written Statement Alleging Paternity, Form 470-3293, from the child’s mother certifying, in accordance with Iowa Code section 622.1, that the man named is or may be the child’s biological father. Government records, including but not limited to an application for public assistance, whichthat substantially meet the requirements of Iowa Code section 622.1 may also be used. In signing Form 470-3293, the mother acknowledges that the unit may initiate a paternity action against the alleged father, and she agrees to accept service of all notices and other documents related to that action by first-class mail. The mother shall sign and return Form 470-3293 to the unit within ten days of the date of the unit’s request. ITEM 2. Amend rule 441—99.23(252F) as follows:441—99.23(252F) Notice of alleged paternity and support debt. Following receipt of the Mother’s Written Statement Alleging Paternity, Form 470-3293, or government records, including but not limited to an application for public assistance, whichthat substantially meet the requirements of Iowa Code section 622.1, the unit shall serve a notice of alleged paternity and support debt as provided in Iowa Code section 252F.3. ITEM 3. Amend rule 441—99.24(252F) as follows:441—99.24(252F) Conference to discuss paternity and support issues. The alleged fatherA party may request a conference as provided in Iowa Code section 252F.3, subsection (1),252F.3(1) with the office that issued the notice to discuss paternity establishment and the amount of support he may be required to pay. ITEM 4. Amend rule 441—99.29(252F) as follows:441—99.29(252F) Agreement to entry of paternity and support order. If the alleged father admits paternity and reaches agreement with the unit on the entry of an order for support, the father may acknowledge his consent on the Child Support Declaration, Form 470-4084. If the mother does not contest paternity within the allowed time period or if the mother waives the time period for contesting paternity, the unit may file the Child Support Declarationform, if applicable, and Administrative Paternity Order with the court in accordance with Iowa Code section 252F.6. ITEM 5. Amend rule 441—99.30(252F) as follows:441—99.30(252F) Entry of order establishing paternity only. If the alleged fathera party requests a court hearing on support issues and paternity is not contested, or if paternity was contested but neither party filed a timely challenge of the paternity test results, the unit shall prepare an order establishing paternity and reserving the support issues for determination by the court. The unit shall present the order and other documents supporting the entry of the ex parte paternity-only order to the court for review and approval prior to the hearing on the support issues. ITEM 6. Amend rule 441—99.36(598,600B), definition of “Disestablishment,” as follows: "Disestablishment" means paternity which is legally overcome under the conditions specified in Iowa Code section 600B.41A or section 598.21, subsection 4A598.21E. ITEM 7. Amend subparagraph 99.39(1)"a" as follows: (2) For actions under Iowa Code section 598.21598.21E, the written statement was filed and a guardian ad litem was appointed for the child. ITEM 8. Amend subrule 99.41(1) as follows: 99.41(1) When order may be established. The bureau chief may establish a child or medical support obligation against a responsible person through the administrative process. This does not preclude the child support recovery unit from pursuing the establishment of an ongoing support obligation through other available legal proceedings. When gathering information to establish a support order, the unit may obtain a signed Child Support Information, Form 470-3877, or Establishment Questionnaire, Form 470-3929, or a similar document from the child’s caretaker. ITEM 9. Amend subrule 99.41(2) as follows: 99.41(2) Support debt. When public assistance is paid to or Medicaid is received by a child of the responsible person, or the dependent child’s caretaker, a support debt is created and owedassigned to the department. When no public assistance is paid or Medicaid is received, the debt is owed to the individual caretaker. ITEM 10. Amend subrule 99.62(2) as follows: 99.62(2) Review by request. A review shall be conducted upon the request of the child support recovery agency of another state or upon the written request of either parent subject to the order submitted on Form 470-2749, Request to Modify a Child Support Order. One review may be conducted every two years when the review is being conducted at the request of either parent. The request for review may be no earlier than two years from the filing date of the support order or most recent modification or the last completed review, whichever is later. ITEM 11. Amend subrule 99.63(1) as follows: 99.63(1) Notice of right to request review. The child support recovery unit shall notify each parent of the right to request review of the order and the appropriate place and manner in which the request should be made. Notification shall be provided on Form 470-0188, Application For Nonassistance Support Services, or Form 470-1981, Notice of Continued Support Services, or through another printed or electronic format. ITEM 12. Amend rule 441—99.83(252H), introductory paragraph, as follows:441—99.83(252H) Modification of child support obligations. Permanent child support obligations meeting the criteria set forth in rule 441—99.82(252H) may be modified at the initiative of the unit, or upon written request of either parent subject to the order submitted on Form 470-2749, Request to Modify a Child Support Order. Any action shall be limited to adjustment, modification, or alteration of the child support or medical provisions of the support order. The duration of the underlying order shall not be modified. The procedures used by the child support recovery unit to determine if a modification is appropriate are as follows: ITEM 13. Amend subrule 99.85(3) as follows: 99.85(3) Guidelines calculations. The unit shall determine: a. The unit shall determine: (1) a. The appropriate amount of the child support obligation (excluding cost-of-living alteration amounts) as described in rules 441—99.1(234,252B) through 441—99.5(234,252B), and (2) b. Medical support provisions as described in Iowa Code chapter 252E and rules 441—98.1(252E) through 441—98.7(252E). b. If the modification action is due to noncompliance by a minor obligor, as defined in Iowa Code section 598.21B(2)“e” or 598.21G, the unit will impute an income to the obligor equal to a 40-hour workweek at the state minimum wage unless the parent’s education, experience, or actual earnings justify a higher income. ITEM 14. Amend paragraph 99.104(1)"a" as follows: a. A request for suspension shall be submitted to the local child support unit providing services using Form 470-3033, Request to Suspend Support, and Form 470-3032, Affidavit Regarding Suspension of Support. ITEM 15. Amend paragraph 99.110(1)"a" as follows: a. A request for suspension shall be submitted to the local child support unit providing services using Form 470-5348, Request from the Payor to Suspend Support. ITEM 16. Amend subrule 99.110(2) as follows: 99.110(2) Submitting an affidavit. After receiving a valid request for suspension, the local unit shall provide the requestor with Form 470-5349, Affidavit Requesting Suspension of Support Based on Payor’s Request. a. The obligor shall submit the affidavit for suspension to the local child support unit providing services. If the request for suspension is made pursuant to Iowa Code section 252B.20A(17), the caretaker must also submit an affidavit, Form 470-5349. b. Form 470-5349 must be signed, attesting to the existence of the conditions under subrules 99.109(1) through 99.109(4). Form 470-5349 must be notarized. c. If the obligor is requesting suspension of more than one order at the same time, the obligor shall be required to submit only one copy of Form 470-5348, identifying each order the request involves; however, the obligor shall be required to submit a separate, signed and notarized affidavit, Form 470-5349, for each order. ITEM 17. Amend paragraph 99.111(2)"a" as follows: a. The unit shall serve Form 470-5351, Notice of Intent to Payee to Suspend a Child Support Obligation Based on Payor’s Request, and Form 470-5352, Payee’s Affidavit Objecting to Suspension of Support, and supporting documents on the obligee by any means provided in Iowa Code section 252B.26. The notice to the obligee shall include all of the following: (1) Information sufficient to identify the parties and the support order affected. (2) An explanation of the procedure for suspension under Part B and reinstatement of support under Part C of this division. (3) An explanation of the rights and responsibilities of the obligee to respond to the action. (4) A statement that, within 20 days of service, the obligee must submit a signed and notarized response to the unit objecting to at least one of the assertions in subrules 99.109(1) through 99.109(4). The statement shall inform the obligee that if, within 20 days of service, the obligee fails to submit a response as specified in this subparagraph, notwithstanding Rules of Civil Procedure 1.972(2) and 1.972(3), the unit will prepare and submit an order. [Filed 1/12/23, effective 4/1/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6857CHuman Services Department[441]Adopted and FiledRule making related to five-year rules review
The Human Services Department hereby amends Chapter 152, “Foster Care Contracting,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 217.6.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 217.6.Purpose and Summary Chapter 152 was reviewed as part of the Department’s five-year rules review. Chapter 152 outlines the contracting process used for providers of foster group care, child welfare emergency services shelter, and supervised apartment living. The chapter provides the rules for rate-setting, payments, and provider monitoring. These amendments update definitions, form names and numbers, and legal references.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 30, 2022, as ARC 6693C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Council on Human Services on January 12, 2023.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,218).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 April 1, 2023. The following rule-making actions are adopted:
ITEM 1. Rescind the definition of “Level of care” in rule 441—152.1(234). ITEM 2. Amend rule 441—152.1(234), definition of “Child,” as follows: "Child" means a person under 18 years of age or a person 18,or 19, or 20 years of age who meets the criteria in Iowa Code section 234.1. ITEM 3. Amend subparagraph 152.2(4)"a" as follows: (2) Form 470-3055, Referral and Authorization for Child Welfare Services. ITEM 4. Amend subrule 152.2(6) as follows: 152.2(6) Cost report. Providers shall complete Form 470-5421, Combined Cost Report, as required by contract. The instructions for the cost report are found in Comm. 502 (7/16), Instructions for the Combined Cost Report. a. Due date.The cost report shall be submitted to the department no later than three months after the close of the provider’s established fiscal year. The provider may request a one-month extension from the chief of the bureau of service contract support. b. Opinion of accountant.The department may require that an opinion of a certified public accountant or public accountant accompany the report when adjustments made to prior reports indicate noncompliance with reporting instructions. c. County reimbursement for child welfare services shelter costs.If a shelter care provider’s actual and allowable costs as set forth in 441—Chapter 156 for a child’s shelter care placement exceed the amount the department is authorized to pay and the provider is reimbursed by the child’s county of legal settlement for the difference between actual and allowable costs and the amount reimbursed by the department, the amount paid by the county shall not be included by the department in its reimbursement rate determination, as long as the amount paid is not greater than the provider’s actual and allowable costs or the statewide average of actual and allowable costs as identified in annual appropriations, whichever is less. ITEM 5. Amend paragraph 152.4(1)"h" as follows: h. Failing to submit the cost report on time or failing to submit complete responses to follow-up questions from the department or its fiscal consultant within 14 days of request without written approval from the chief of the bureau of service contract support. ITEM 6. Amend rule 441—152.5(234) as follows:441—152.5(234) Adverse actions. Notice of adverse actions and theshall be given in accordance with 441—Chapter 16. The right to appeal the licensing decision shall be given to applicants and licensees in accordance with 441—Chapter 7. [Filed 1/12/23, effective 4/1/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6862CInspections and Appeals Department[481]Adopted and FiledRule making related to five-year review of rules
The Inspections and Appeals Department hereby amends Chapter 1, “Administration,” Chapter 2, “Petitions for Rule Making,” Chapter 3, “Declaratory Orders,” Chapter 4, “Agency Procedure for Rule Making,” and Chapter 5, “Public Records and Fair Information Practices”; rescinds Chapter 7, “Consent for the Sale of Goods and Services”; and amends Chapter 8, “Licensing Action for Nonpayment of Child Support and Prohibition of Licensing Action for Student Loan Default/Noncompliance with Agreement for Payment of Obligation,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 10A.104 and 22.11.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 10A.104, 17A.7(2) and 22.11.Purpose and Summary The Department completed a comprehensive review of Chapters 1 through 8 in accordance with Iowa Code section 17A.7(2). This rule making updates descriptions of the Department’s administration and eliminates rules that are outdated and redundant, inconsistent, or incompatible with statute, the Department’s own rules, or the rules of other agencies.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 14, 2022, as ARC 6741C. 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 January 18, 2023.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 March 15, 2023. The following rule-making actions are adopted:
ITEM 1. Amend 481—Chapter 1, preamble, as follows:MISSION STATEMENTThe department’s mission is to assure state and federal program integrity by adjudicating, examining, and enforcing compliance to protect the health, safety and welfare of Iowansachieve compliance through education, regulation, and due process for a safe and healthy Iowa. ITEM 2. Amend subrule 1.1(1) as follows: 1.1(1) Overview of the department. The Iowa department of inspections and appeals wasis established by Iowa Code sections 10A.101 to 10A.80110A.101 to 10A.802. The chief executive officer of the department is the director of the department of inspections and appeals, who shall be appointed by the governor to serve at the pleasure of the governor subject to confirmation by the senate no less frequently than every four years. ITEM 3. Amend rule 481—1.2(10A) as follows:481—1.2(10A) Definitions. For rules of the department of inspections and appeals[481], the following definitions apply:The definitions set forth in Iowa Code section 10A.101 are incorporated herein. "Department" means the department of inspections and appeals. "Director" means the director of the department. ITEM 4. Amend rule 481—1.3(10A) as follows:481—1.3(10A) Administration division. This division provides administrative support to the department, including fiscal, policy and planning, information technology, and public information. This division negotiates and provides oversight for compacts entered into between the state of Iowa and Indian tribes located in the state. The division also inspects and licenses the following entities:- Social and charitable gambling pursuant to Iowa Code chapter 99B;
- Food establishments, including but not limited to restaurants, vending establishmentsmachines, and mobile food units, food processing plants, and home food processing plants;
- Hotels and home bakeries;.
- Inspections for sanitation in any locality of the state upon written petition of five or more residents of the locality.
- A statement of the specific rule-making action sought by the petitioner including the text or a summary of the contents of the proposed rule or amendment to a rule and, if it is a petition to amend or repeal a rule, a citation and the relevant language to the particular portion or portions of the rule proposed to be amended or repealed.
- A citation to any law deemed relevant to the agency’s authority to take the action urged or to the desirability of that action.
- A brief summary of petitioner’s arguments in support of the action urged in the petition.
- A brief summary of any data supporting the action urged in the petition.
- The names and addresses of other persons, or a description of any class of persons, known by petitioner to be affected by, or interested in, the proposed action which is the subject of the petition.
- Any request by petitioner for a meeting provided for by rule 481—2.4(17A).
Rule making related to contested cases
The Inspections and Appeals Department hereby amends Chapter 11, “Procedure for Contested Cases Involving Permits to Carry Weapons and Acquire Firearms,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 10A.104, 10A.801 and 724.21A(6).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 10A.104, 10A.801, 17A.7(2) and 724.21A(6).Purpose and Summary The Department completed a review of Chapter 11 in accordance with the requirements of Iowa Code section 17A.7(2). This rule making adds references to filing appeals through the Administrative Electronic Document Management System (AEDMS) pursuant to Chapter 16, eliminates redundancy by reference to Iowa Code chapter 17A and Chapter 10, and eliminates outdated citations.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 14, 2022, as ARC 6745C. 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 January 18, 2023.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 March 15, 2023. The following rule-making actions are adopted:
ITEM 1. Amend subrules 11.2(1) and 11.2(2) as follows: 11 11.2 2(1) Written appeal. The appeal shall be in writingor filed electronically pursuant to 481—Chapter 16 and should state the reasons for rebutting the denial, suspension, or revocation. 11 11.2 2(2) Filing of appeal. Within 30 days of the applicant’s or permittee’s receipt of the agency’s decision, the applicant or permittee shall file the appeal, a copy of the agency’s written decision, and a fee of $10 with the Iowa Department of Inspections and Appeals, Division of Administrative Hearings, 502 East 9th Street, Des Moines, Iowa 50319, or electronically pursuant to 481—Chapter 16. ITEM 2. Amend subrule 11.3(1) as follows: 11.3(1) TheIn addition to the information set forth in Iowa Code section 17A.12(2), the notice of hearing shall contain the following information: a. A statement of the time, place, and nature of the hearing; b. A statement of the legal authority and jurisdiction under which the hearing is to be held; c. A reference to the agency decision on appeal; d. a. Identification of the parties; e. b. Reference to the procedural rules governing the contested case proceeding; f. c. Identification of the administrative law judge, including the judge’s contact information; d. Requirements for the filing and service of a witness list and a copy of any exhibit(s) the party intends to introduce into evidence during the contested case proceeding; g. e. Notification that failure to appear and participate in the contested case proceeding may result in the entry of a default judgment; h. f. Notification that the applicant or permittee shall be required to pay the agency’s reasonable attorney fees and court costs if the agency’s decision is affirmed in the contested case proceeding or in subsequent judicial review of the proceeding, or if the applicant or permittee withdraws or dismisses the contested case proceeding or subsequent judicial review action; and i. g. Notification that the agency shall be required to pay the applicant’s or permittee’s reasonable attorney fees and court costs if it is determined in the contested case proceeding or in subsequent judicial review of the proceeding that the applicant or permittee is eligible to be issued or to possess the permit that was denied, suspended, or revoked. ITEM 3. Amend rule 481—11.6(17A) as follows:481—11.6(17A,724) Service and filing of documents. Service and filing of documents shall be in accordance with rule 481—10.12(17A). 11.6(1) When service is required. Every pleading, motion, or other document filed in the contested case proceeding shall be served on each of the parties to the proceeding, including the agency. Except for an application for rehearing as provided in rule 481—11.14(17A) and Iowa Code subsection 17A.16(2), the party filing a document is responsible for service on all parties. 11.6(2) Methods of performing service. Service upon a party represented in the contested case proceeding by an attorney shall be made upon the attorney unless otherwise ordered. Service is made by delivering, mailing, or transmitting by facsimile (fax) or by electronic mail (e-mail) a copy to the party or attorney at the party’s or attorney’s last-known mailing address, fax number, or e-mail address. Service by first-class mail is complete upon mailing. Service by fax or electronic mail is complete upon transmission unless the party making service learns that the attempted service did not reach the person to be served. 11.6(3) Filing with the division. Every pleading, motion, or other document in the contested case proceeding shall be filed with the division. All documents that are required to be served upon a party shall be filed simultaneously with the division. a. Except where otherwise provided by law, a document is deemed filed with the division at the time it is: (1) Delivered to the division at the Wallace State Office Building, Third Floor, 502 East Ninth Street, Des Moines, Iowa, and date-stamped received; (2) Delivered to an established courier service for immediate delivery to the division; (3) Mailed to the division by first-class mail or by state interoffice mail so long as there is adequate proof of mailing; or (4) Transmitted by facsimile (fax) to (515)281-4477, by electronic mail (e-mail) to adminhearings@dia.iowa.gov, or by other electronic means approved by the division, as provided in subrule 11.6(3), paragraph “b.” b. All documents filed with the division pursuant to these rules, except a person’s written appeal pursuant to rule 481—11.2(724), may be filed by facsimile (fax), electronic mail (e-mail), or other electronic means approved by the division. A document filed by fax, e-mail, or other approved electronic means is presumed to be an accurate reproduction of the original. If a document filed by fax, e-mail, or other approved electronic means is illegible, a legible copy may be substituted and the date of filing shall be the date the illegible copy was received. The date of filing by fax, e-mail, or other approved electronic means shall be the date the document is received by the division. The division will not provide a mailed file-stamped copy of documents filed by fax, e-mail, or other approved electronic means. 11.6(4) Proof of mailing. Adequate proof of mailing includes the following: a. A legible United States postal service postmark on the envelope; b. A certificate of service; c. A notarized affidavit; or d. A certification in substantially the following form: I certify under penalty of perjury and pursuant to the laws of Iowa that, on (date of mailing), I mailed copies of (describe document) addressed to the Department of Inspections and Appeals, Administrative Hearings Division, Wallace State Office Building, Third Floor, 502 East Ninth Street, Des Moines, Iowa 50319, and to the names and addresses of the parties listed below by depositing the same in a United States post office mailbox with correct postage properly affixed.(date)(signature) This rule is intended to implement Iowa Code section 724.21A. ITEM 4. Amend rule 481—11.7(17A) as follows:481—11.7(17A) Witness lists and exhibits. No later than five days before the hearing, a party shall serve on all parties and shall file with the division a witness list and a copy of any exhibit(s) the party intends to introduce into evidence during the contested case proceeding. If a party fails to serve on all parties and file with the division a witness list or any exhibit five days before the hearingas set forth in the notice of hearing, the party may be precluded from calling the witness at hearing or introducing the exhibit(s) into the record at hearing. ITEM 5. Amend rule 481—11.8(17A) as follows:481—11.8(17A) Evidence. The administrative law judge shall rule on the admissibility of evidence and may take official notice of facts in accordance with applicable requirements of law. Evidence in the proceeding shall be confined to the issues for which the parties received notice prior to the hearing.Evidence shall be governed by rule 481—10.21(17A). ITEM 6. Amend rule 481—11.11(10A), parenthetical implementation statute, as follows:481—11.11(10A,724) Attorney fees, court costs, and contested case costs. ITEM 7. Amend rule 481—11.11(10A), implementation sentence, as follows: This rule is intended to implement Iowa Code sectionsections 10A.801 as amended by 2017 Iowa Acts, House File 640, and section 724.21A as amended by 2017 Iowa Acts, House File 517. ITEM 8. Amend rule 481—11.14(17A) as follows:481—11.14(17A) Rehearing. An applicant, permittee, or agency aggrieved by an administrative law judge’s final decision rescinding or sustaining the agency’s denial, suspension, or revocation may request rehearing. A request for rehearing shall be made by filing an application for rehearing with the division within 20 days of the date of the administrative law judge’s final decision and must state the specific grounds for the rehearing and the relief sought. If the only relief sought relates to the award of attorney fees, the application must include any argument and relevant evidence to be considered on rehearing. An application for rehearing shall be deemed to have been denied unless the administrative law judge grants the application within 20 days after its filing. A request for rehearing is not necessary to exhaust administrative remedies.A request for rehearing may be filed in accordance with Iowa Code section 17A.16(2). This rule is intended to implement Iowa Code sectionsections 724.21A as amended by 2017 Iowa Acts, House File 517, and section 17A.16. [Filed 1/18/23, effective 3/15/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6859CInspections and Appeals Department[481]Adopted and FiledRule making related to hotels and motels
The Inspections and Appeals Department hereby amends Chapter 30, “Food and Consumer Safety,” and Chapter 37, “Hotel and Motel Inspections,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 10A.104 and 137C.7.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 10A.104, 17A.7(2) and 137C.7.Purpose and Summary The Department completed a review of Chapter 37 in accordance with the requirements of Iowa Code section 17A.7(2). This rule making eliminates redundancy within Chapter 37 by adding references to Iowa Code chapter 137C and removing outdated rules and citations. It also makes conforming changes within Chapter 30.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 14, 2022, as ARC 6744C. 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 January 18, 2023.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 March 15, 2023. The following rule-making actions are adopted:
ITEM 1. Amend rule 481—30.2(10A,137C,137F), definitions of “Bed and breakfast inn” and “Hotel,” as follows: "Bed and breakfast inn" means a hotel which has nine or fewer guest roomsthe same as defined in Iowa Code section 137C.2. "Hotel" means any building equipped, used or advertised to the public as a place where sleeping accommodations are rented to temporary or transient gueststhe same as defined in Iowa Code section 137C.2. ITEM 2. Amend subrule 30.4(4) as follows: 30.4(4) Hotels. License fees for hotels are based on the number of rooms provided to transient guests (Iowa Code section 137C.9) as follows:shall be as set forth in Iowa Code section 137C.9. a. For 1 to 30 guest rooms—$50. b. For 31 to 100 guest rooms—$100. c. For 101 or more guest rooms—$150. ITEM 3. Amend subrule 30.8(4) as follows: 30.8(4) Hotels. Hotels shall be inspected at least once bienniallyin accordance with Iowa Code chapter 137C. ITEM 4. Amend rule 481—37.2(137C) as follows:481—37.2(137C) Guest rooms. Hotels built or extensively remodeled, as determined by the department, after January 1, 1979, shall provide ventilation in guest rooms with windows or mechanical devices. The furniture, drapes and accessories shall be kept clean and in good repair. ITEM 5. Amend rule 481—37.4(137C), introductory paragraph, as follows:481—37.4(137C) Lavatory facilities. Hotels built or remodeled after January 1, 1979, shall have lavatory facilities in each guest room, except for bed and breakfast inns. ITEM 6. Rescind and reserve rule 481—37.6(137C). ITEM 7. Amend rule 481—37.7(137C) as follows:481—37.7(137C) Room rates. A list visible to the public posted near the office shall indicate room numbers and floor and the cost per day per person. The cost per day per person shall also be posted in each room.Room rates shall be posted in accordance with Iowa Code chapter 137C. ITEM 8. Amend rule 481—37.8(137C) as follows:481—37.8(137C) Inspections. Hotels shall be inspected at least once biennially. An inspector may enter a hotel at any reasonable hour and shall be given free access to every part of the premises for each inspection. The inspector shall receive any help needed to make a thorough and complete inspectionin accordance with Iowa Code chapter 137C. ITEM 9. Amend rule 481—37.9(137C) as follows:481—37.9(137C) Enforcement. Violation of these rules or any provision of Iowa Code chapter 137C is a simple misdemeanor. The department may employ various remedies if violations are discovered, including suspension or revocation of licenses (Iowa Code section 137C.10), injunction (Iowa Code section 137C.29), or referral for criminal prosecution (Iowa Code chapter 137C).A license may be revoked.An injunction may be sought.A case may be referred to a county attorney for criminal prosecution. ITEM 10. Amend rule 481—37.10(137C) as follows:481—37.10(137C) Criminal offense—conviction of license holder. 37.10(1) The department maysuspend or revoke the license of a license holder who:conducts an activity constituting a criminal offense as set forth in Iowa Code section 137C.10(3). a. Conducts an activity constituting a criminal offense in the licensed hotel or motel establishment; and b. Is convicted of a felony as a result. 37.10(2) The department may suspend or revoke the license of a license holder who: a. Conducts an activity constituting a criminal offense in the licensed hotel or motel establishment; and b. Is convicted of a serious misdemeanor or aggravated misdemeanor as a result. 37.(3) 37.10(2) A certified copy of the final order or judgment of conviction or plea of guilty shall be conclusive evidence of the conviction of the license holder. 37.10(4) The department’s decision to revoke or suspend a license may be contested by the adversely affected party pursuant to the provisions of 481—30.13(10A). This rule is intended to implement Iowa Code section 137C.10(3). [Filed 1/18/23, effective 3/15/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6863CInspections and Appeals Department[481]Adopted and FiledRule making related to contractor requirements
The Inspections and Appeals Department hereby amends Chapter 35, “Contractor Requirements,” 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 The Department completed a comprehensive review of Chapter 35 in accordance with the requirements in Iowa Code section 17A.7(2). This rule making updates outdated citations and aligns reporting requirements with current practices.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 14, 2022, as ARC 6743C. 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 January 18, 2023.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 March 15, 2023. The following rule-making actions are adopted:
ITEM 1. Amend rule 481—35.1(137C,137D,137F) as follows:481—35.1(137C,137D,137F) Definitions. The definitions in 481—30.2(10A,137C,137F) and Iowa Code sections 137C.2, and 137D.1 and Iowa Code Supplement section 137F.1 are hereby incorporated by reference as part of this chapter. ITEM 2. Amend rule 481—35.6(137C,137D,137F) as follows:481—35.6(137C,137D,137F) Inspection standards. Inspections shall be completed using forms prescribed by the department for those inspections. The contractor shall follow applicable standards for inspections found in Iowa Code chapters 137C, 137D and 137F as amended by 2007 Iowa Acts, chapter 215. Inspections shall be conducted pursuant to 481—Chapters 30, 31, 34, 35, and 37.Copies of inspection standards are available from the Department of Inspections and Appeals, Food and Consumer Safety Bureau, Lucas State Office Building, Des Moines, Iowa 50319-0083. ITEM 3. Rescind rule 481—35.10(137C,137D,137F). ITEM 4. Renumber rule 481—35.11(137C,137D,137F) as 481—35.10(137C,137D,137F). ITEM 5. Amend renumbered rule 481—35.10(137C,137D,137F) as follows:481—35.10(137C,137D,137F) Contract rescinded. If the department determines that Iowa Code chapters 137C, 137D and 137F as amended by 2007 Iowa Acts, chapter 215, are not being enforced by the contractor, the department may rescind the agreement. Notification of the department’s action will be provided to the contractor at least 30 days in advance of the action. The contractor has the right to request a hearing with the department to contest the action. ITEM 6. Amend 481—Chapter 35, implementation sentence, as follows: These rules are intended to implement Iowa Code chapters 137C, 137D and 137F as amended by 2007 Iowa Acts, chapter 215. [Filed 1/18/23, effective 3/15/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6860CInspections and Appeals Department[481]Adopted and FiledRule making related to governor’s award for quality care
The Inspections and Appeals Department hereby amends Chapter 54, “Governor’s Award for Quality Care,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 10A.104 and 135C.20B(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.20B(2).Purpose and Summary The Department completed a review of Chapter 54 in accordance with the requirements of Iowa Code section 17A.7(2). This rule making amends rule 481—54.8(135C) to provide flexibility in the presentation of the Governor’s Award for Quality Care.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 14, 2022, as ARC 6742C. 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 January 18, 2023.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 March 15, 2023. The following rule-making action is adopted:
ITEM 1. Amend rule 481—54.8(135C) as follows:481—54.8(135C) Certificate of recognition. Prior to the final selection of facilities, representatives from the department will tour all facilities still in contention to determine the winners. Each winning facility will receive a certificate in recognition of its designation as a quality health care provider. The winning facilities shall be announced and recognized annually at the governor’s conference on aging. [Filed 1/18/23, effective 3/15/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6890CInsurance Division[191]Adopted and FiledRule making related to pharmacy benefits managers
The Insurance Division hereby amends Chapter 59, “Pharmacy Benefits Managers,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted 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 These amendments update Chapter 59 to implement changes made in 2022 Iowa Acts, House File 2384, regarding pharmacy benefits managers (PBMs). This rule making corrects statutory citations, deletes certain language and incorporates terms as authorized by House File 2384.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 14, 2022, as ARC 6740C. This rule making was also adopted and filed emergency and published in the Iowa Administrative Bulletin as ARC 6739C on the same date. A public hearing was held on January 5, 2023, at 1 p.m. at 1963 Bell Avenue, Suite 100, Des Moines, Iowa. The emergency rule making was effective on January 1, 2023. The Division received oral and written comments from the Iowa Pharmacy Association (IPA) and the Pharmaceutical Care Management Association (PCMA). The Division also received written comments from the American Pharmacists Association (APhA) and the National Association of Chain Drug Stores (NACDS). Comments from the IPA, APhA and NACDS support the efforts of the Division to regulate the relationship between PBMs and pharmacies. PCMA generally commented that this rule making was inconsistent with 2022 Iowa Acts, House File 2384, and United States Supreme Court holdings. The Division did not make any changes in response to the comments since the inclusion or striking of several provisions stands in direct contrast with the legislative decision to regulate the conduct of all PBMs and may impact the goal of protecting consumers. The Division will continue to evaluate its authority and the regulations to ensure appropriateness, effectiveness and efficiency.Adoption of Rule Making This rule making was adopted by Douglas Ommen, Iowa Insurance Commissioner, on January 20, 2023.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.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 March 15, 2023, at which time the Adopted and Filed Emergency rule making is hereby rescinded. The following rule-making actions are adopted:
ITEM 1. Amend rule 191—59.1(510B,510C) as follows:191—59.1(510B,510C) Purpose. The purpose of this chapter is to administer the provisions of Iowa Code chapters 510, 510B and 510C (2019 Iowa Acts, Senate File 563) relating to the regulation of pharmacy benefits managers. ITEM 2. Amend rule 191—59.2(510B) as follows:191—59.2(510B) Definitions. The terms defined in Iowa Code sections 510.11, and 510B.1, and 510C.1 shall have the same meaning for the purposes of this chapter. The definitions contained in 191—Chapter 58, “Third-Party Administrators,” and 191—Chapter 78, “Uniform Prescription Drug Information Card,” of the Iowa Administrative Code are incorporated by reference. As used in this chapter: "Complaint" means a written communication from a pharmacyor the commissioner to a pharmacy benefits manager that makes an inquiry or expresses a grievance and includes, but is not limited to, the following:- A comment on, contest or appeal by a pharmacy, as permitted by Iowa Code section 510B.8(3) and rule 191—59.5(510B), of a pharmacy benefits manager’s maximum reimbursement amount rate orallowable cost, maximum reimbursement amountallowable cost listor other pricing methodology used to pay a pharmacy.
- Any pharmacy’s appeal or request for an independent third-party review of an audit report pursuant to subrules 59.4(4) and 59.4(5).
- Any request by a pharmacy for an independent third-party review of a termination or suspension decision pursuant to paragraph 59.6(3)“d.”
- Any inquiries from the commissioner pursuant to subrule 59.8(3).
- Obtained from multiple nationally recognized comprehensive data sources including, for example, the U.S. Center for Medicare and Medicaid Services’ national average drug acquisition cost, pharmaceutical wholesalers, prescription drug vendors, and pharmaceutical manufacturers for prescription drugs;
- Nationally available; and
- Available for purchase by multiple pharmacies in the state of Iowa.
Rule making related to controlled substances
The Board of Pharmacy hereby amends Chapter 10, “Controlled Substances,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 124.201.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 124.201.Purpose and Summary This rule making temporarily places one substance (a hallucinogen) into Schedule I of the Iowa Controlled Substances Act in response to similar action taken by the federal Drug Enforcement Administration.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 21, 2022, as ARC 6532C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on January 10, 2023.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, pursuant to 657—Chapter 34.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 March 15, 2023. The following rule-making action is adopted:
ITEM 1. Rescind subrule 10.39(6) and adopt the following new subrule in lieu thereof: 10.39(6) Amend Iowa Code section 124.204(4) by adding the following new paragraph: cl. 2-(ethylamino)-2-(3-methoxyphenyl)cyclohexan-1-one. Other names: methoxetamine, MXE. [Filed 1/11/23, effective 3/15/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6844CPharmacy Board[657]Adopted and FiledRule making related to the Iowa prescription monitoring program
The Board of Pharmacy hereby amends Chapter 37, “Iowa Prescription Monitoring Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 124.551 and 2022 Iowa Acts, House File 2201, section 13.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 124.551 and 2022 Iowa Acts, House File 2201.Purpose and Summary This rule making establishes council membership information for the Prescription Monitoring Program (PMP) Advisory Council. This rule making also clarifies that only overdose-reversal opioid antagonists are required to be reported to the PMP.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 21, 2022, as ARC 6533C. A public hearing was held on October 12, 2022, at 10 a.m. in the Health Professions Board Room, 400 S.W. 8th Street, Suite H, Des Moines, Iowa. 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 Board on January 10, 2023.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, pursuant to 657—Chapter 34.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 March 15, 2023. The following rule-making actions are adopted:
ITEM 1. Amend rule 657—37.2(124), definition of “Opioid antagonist,” as follows: "Opioid antagonist" means a drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptorswith the intention to reverse overdose, including but not limited to naloxone hydrochloride or any other similarly acting drug approved by the United States Food and Drug Administration. ITEM 2. Adopt the following new rule 657—37.4(124):657—37.4(124) Prescription monitoring program advisory council. 37.4(1) Membership. The membership of the PMP advisory council may include, but need not be limited to: a. One pharmacist licensed under Iowa Code chapter 155A; b. One physician licensed under Iowa Code chapter 148; c. One advanced registered nurse practitioner licensed under Iowa Code chapter 152; d. One physician assistant licensed under Iowa Code chapter 148C; e. One dentist licensed under Iowa Code chapter 153; f. One veterinarian licensed under Iowa Code chapter 169; g. One individual who is registered with the PMP as a practitioner’s delegate; h. One individual who is eligible to utilize the PMP in an investigative capacity, such as a law enforcement official, licensing authority representative, or medical examiner; and i. One member of the public who is not eligible to register with the PMP. 37.4(2) Term of appointment. Council members shall be appointed by the board for a three-year term and may be reappointed by the board for two additional terms, for a maximum of three terms. Each term shall expire on June 30 of the third year of the term. 37.4(3) Quorum. Three members of the council constitutes a quorum. 37.4(4) Termination of appointment. A council member who is no longer eligible or able to serve on the council shall submit a written resignation to the board. A council member who does not attend three consecutive regular meetings of the council shall be deemed to have submitted a resignation. [Filed 1/11/23, effective 3/15/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6847CPublic Health Department[641]Adopted and FiledRule making related to physician assistants
The Public Health Department hereby amends Chapter 9, “Outpatient Diabetes Education Programs,” Chapter 11, “Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS),” Chapter 91, “Iowa Domestic Abuse Death Review Team,” Chapter 109, “Prescription Drug Donation Repository Program,” and Chapter 142, “Out-of-Hospital Do-Not-Resuscitate Orders,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code chapter 139A and sections 135.11, 135M.4, 141A.2 and 144A.7A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 135M and 139A and chapters 135, 141A and 144A as amended by 2022 Iowa Acts, House File 803.Purpose and Summary This rule making makes changes required by 2022 Iowa Acts, House File 803, by adding a definition for “physician assistant” in Chapters 9, 11, 109, and 142 and adding provisions regarding physician assistants in specific rules in Chapters 9, 11, 91, 109 and 142.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 6645C. 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 Board of Health on January 11, 2023.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 the Department’s waiver provisions contained in 641—Chapter 178.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 March 15, 2023. The following rule-making actions are adopted:
ITEM 1. Amend rule 641—9.2(135), definition of “Diabetes mellitus,” as follows: "Diabetes mellitus" includes the following:- “Type I diabetes” means insulin-dependent diabetes (IDDM) requiring lifelong treatment with insulin.
- “Type II diabetes” means noninsulin-dependent diabetes often managed by food plan, exercise, weight control, and in some instances, oral medications or insulin.
- “Gestational diabetes” means diabetes diagnosed during pregnancy.
- “Impaired glucose tolerance” means a condition in which blood glucose levels are higher than normal, diagnosed by a physicianor physician assistant, and treated with food plan, exercise or weight control.
- “Secondary diabetes” means diabetes induced by drugs or chemicals as well as by pancreatic or endocrine disease and treated appropriately.
- A completed MedicAlert® application, which is available in physicianor physician assistant offices or through MedicAlert® by phoning (800)432-5378 or the Web sitewebsite www.medicalert.org, and fee.
- A copy of this completed OOH DNR order, which must accompany the MedicAlert® application or be sent to MedicAlert® prior to the identifier’s being mailed.
- Please review the Iowa Out-of-Hospital Do-Not-Resuscitate order and related protocol with the patient/patient’s legal representative(s). The following points may be helpful:
- Provide a copy of this order to the patient/patient’s legal representative(s) listed on this order and place the original in the patient’s medical records.
- Chest compressions,
- Defibrillation,
- Esophageal/tracheal/double-lumen airway; endotracheal intubation, or
- Emergency drugs to alter cardiac or respiratory function or otherwise sustain life.
- The presence of the uniform OOH DNR order or uniform OOH DNR identifier, or
- The presence of the attending physicianor attending physician assistant to provide direct verbal orders for care of the patient.
- Pain medication.
- Fluid therapy.
- Respiratory assistance (oxygen and suctioning).
Rule making related to radon testing standards and requirements for school testing
The Public Health Department hereby amends Chapter 43, “Minimum Requirements for Radon Testing and Analysis,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 136B.4 and section 280.32 as enacted by 2022 Iowa Acts, House File 2412.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 136B and section 280.32 as enacted by 2022 Iowa Acts, House File 2412.Purpose and Summary These amendments have been drafted to implement the Radon Testing and Mitigation in Public Schools Act, 2022 Iowa Acts, House File 2412, which Governor Reynolds signed after the 2022 Legislative Session. The amendments:
Rule making related to certificates of nonviable birth
The Public Health Department hereby amends Chapter 95, “Vital Records: General Administration,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 144.3 and section 144.31B as enacted by 2022 Iowa Acts, Senate File 577.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 144.31B as enacted by 2022 Iowa Acts, Senate File 577.Purpose and Summary These amendments implement 2022 Iowa Acts, Senate File 577, by establishing a process to request and issue a certificate of nonviable birth when a health care provider diagnoses a nonviable birth.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 6648C. No public comments were received. One change from the Notice has been made. Since publication of the Notice, 2022 Iowa Acts, Senate File 577, has been codified. One reference in the rule making to Senate File 577 has been removed accordingly.Adoption of Rule Making This rule making was adopted by the State Board of Health on January 11, 2023.Fiscal Impact This rule making has a fiscal impact to the State of Iowa. A fiscal impact of less than $100,000 annually or $500,000 over five years is anticipated. The Department anticipates hiring one clerk specialist, and a fee for issuance of a certificate of nonviable birth will be established.Jobs Impact The Department anticipates hiring one clerk specialist for the issuance of certificates of nonviable birth.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 the Department’s waiver provisions contained in 641—Chapter 178.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 March 15, 2023. The following rule-making actions are adopted:
ITEM 1. Adopt the following new paragraph 95.6(1)"h": h. The state registrar shall charge a fee of $15 for the purpose of issuing a certificate of nonviable birth pursuant to Iowa Code section 144.31B. ITEM 2. Renumber rules 641—95.15(144) to 641—95.17(144) as 641—95.16(144) to 641—95.18(144). ITEM 3. Adopt the following new rule 641—95.15(144):641—95.15(144) Certificate of nonviable birth. 95.15(1) As used in this rule: "Certificate of nonviable birth" means a document issued based upon a nonviable birth. "Health care provider" means the same as defined in Iowa Code section 144.29A. "Hospital" means the same as defined in Iowa Code section 135B.1. "Nonviable birth" means an unintentional, spontaneous fetal demise occurring after demonstration of a doppler-detected heartbeat and prior to the twentieth week of gestation during a pregnancy that has been verified by a health care provider. 95.15(2) A health care provider who attends or diagnoses a nonviable birth or a hospital at which a nonviable birth occurs shall advise a patient who experiences a nonviable birth that the patient may request a certificate of nonviable birth as provided in this section and, upon request by the patient, shall provide a letter certifying the nonviable birth to the patient on the form prescribed by the state registrar. 95.15(3) The department shall issue a certificate of nonviable birth to a patient within 60 days of receipt of a request and certification letter. The request shall be made on the form prescribed by the state registrar. 95.15(4) The certificate of nonviable birth shall contain all of the following: a. The date of the nonviable birth. b. The name and gender of the baby, if known. (1) If the name is not furnished by the patient, the department shall complete the certificate with the name “baby boy” or “baby girl” and the last name of the patient. (2) If the gender is unknown, the department shall complete the certificate with the name “baby” and the last name of the patient. c. The name of the patient and, if married, the patient’s spouse. d. The statement: “This certificate is not proof of live birth.” 95.15(5) The fees collected shall be remitted to the treasurer of state for deposit in the general fund of the state and the vital records fund in accordance with Iowa Code section 144.46A. 95.15(6) A certificate of nonviable birth shall not be filed or registered with the department. The department shall not register the nonviable birth associated with a certificate issued under this section or use the nonviable birth in calculating live birth statistics. 95.15(7) A certificate of nonviable birth shall not be used to establish, bring, or support a civil cause of action seeking damages against any person for bodily injury, personal injury, or wrongful death for a nonviable birth. 95.15(8) This section shall only apply to, and a certificate of nonviable birth may be requested and issued for, nonviable births occurring on or after January 1, 2000. This rule is intended to implement Iowa Code section 144.31B. [Filed 1/12/23, effective 3/15/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6842CRevenue Department[701]Adopted and FiledRule making related to exemptions
The Revenue Department hereby rescinds Chapter 14, “Computation of Tax,” and Chapter 19, “Sales and Use Tax on Construction Activities”; amends Chapter 203, “Elements Included in and Excluded from a Taxable Sale and Sales Price,” and Chapter 219, “Sales and Use Tax on Construction Activities”; and rescinds Chapter 287, “Foods for Human Consumption, Prescription Drugs, Insulin, Hypodermic Syringes, Diabetic Testing Materials, Prosthetic, Orthotic or Orthopedic Devices,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 421.14.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 423.Purpose and Summary Several years ago, the Department adopted new chapters related to sales tax on construction as well as food, drugs, and other medical devices. As part of an ongoing effort to review and revise its rules, the Department is rescinding Chapters 19 and 287. There is one rule in Chapter 19 that was not replicated in Chapter 219 on construction contracts with designated exempt entities. This rule making provides an updated version of that rule to be located in Chapter 219. In addition, Chapter 14 only contains one rule, which was revised in 2021. The Department is rescinding rule 701—14.3(423) to include it in Chapter 203 and is rescinding and reserving 701—Chapter 14 since it no longer contains any 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 2, 2022, as ARC 6611C. 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 January 10, 2023.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 701—7.28(17A).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 March 15, 2023. The following rule-making actions are adopted:
ITEM 1. Renumber rule 701—14.3(423) as 701—203.9(423). ITEM 2. Rescind and reserve 701—Chapter 14. ITEM 3. Rescind and reserve 701—Chapter 19. ITEM 4. Adopt the following new rule 701—219.23(423):701—219.23(423) Construction contracts with designated exempt entities. This rule applies to exempt sales of building materials, supplies, equipment, or services to certain persons performing construction contracts for sponsors that are designated exempt entities and the continuing right of designated exempt entities and other persons to seek refund of taxes paid by persons performing construction contracts. 219.23(1) Definitions. "Construction contract" means the same as defined in rule 701—219.8(423). "Designated exempt entity" means the same as defined in Iowa Code section 423.3(80). "GovConnectIowa" means the e-services portal of the department. 219.23(2) Registration with the department. A designated exempt entity seeking to issue exemption certificates to contractors, subcontractors, builders, or manufacturers performing construction contracts shall register with the department through GovConnectIowa. The designated exempt entity shall provide the following information: a. The name and address of the designated exempt entity. b. The federal identification number of the designated exempt entity. c. The name of the construction project or the project number for which exemption is requested. d. A general description of the construction project. e. The name and address of all contractors, subcontractors, builders, or manufacturers to which the designated exempt entity shall provide exemption certificates. f. Additional information as requested by the department if the status of the entity seeking registration as a designated exempt entity is unclear. 219.23(3) Exemption certificates. Once a designated exempt entity’s registration is completed and approved, the designated exempt entity can obtain exemption certificates to provide to its contractors, subcontractors, builders, or manufacturers. The contractors, subcontractors, builders, or manufacturers may then provide these exemption certificates to retailers when purchasing building materials, supplies, equipment, or services to be used in completion of the construction contract with the designated exempt entity in order to make those purchases exempt from sales tax. 219.23(4) Exempt purchases, withdrawals from inventory, and manufacturers’ fabrication costs. a. A contractor, subcontractor, or builder who purchases building materials, supplies, equipment, or services intending to use such property or services in the performance of a construction contract with a designated exempt entity shall purchase the property or services from a retailer exempt from tax if the property or services are subsequently used in the performance of that contract and the contractor, subcontractor, or builder presents an exemption certificate issued by the designated exempt entity to the retailer. b. The withdrawal of building materials, supplies, or equipment from inventory by a contractor, subcontractor, or builder who is also a retailer is exempt from tax if the materials are withdrawn for use in construction performed for a designated exempt entity and an exemption certificate is received from the designated exempt entity. c. The fabricated cost, as defined in rule 701—219.6(423), of building materials, supplies, or equipment purchased and consumed by the manufacturer of such property in the performance of a construction contract for a designated exempt entity is exempt from tax if an exemption certificate is received from the exempt entity and presented to a retailer. d. Sales, withdrawals, or a manufacturer’s consumption of building materials, supplies, equipment, or services used in the performance of a construction contract for purposes other than incorporation into real property with subsequent loss of identity as tangible personal property are not eligible for the exemption described by this rule. 219.23(5) Refunds. A designated exempt entity that does not complete the registration process in order to provide exemption certificates to contractors, subcontractors, builders, or manufacturers in advance of its construction project may request a refund of sales tax the designated exempt entity paid to its contractors, subcontractors, builders, or manufacturers. The contractors, subcontractors, builders, or manufacturers should provide the designated exempt entity with completed Iowa Contractor’s Statement forms. The designated exempt entity shall then submit a Construction Contract Claim for Refund form and all accompanying Iowa Contractor’s Statement forms to the department. This rule is intended to implement Iowa Code sections 423.3(80) and 423.4(1). ITEM 5. Rescind and reserve 701—Chapter 287. [Filed 1/10/23, effective 3/15/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6872CRevenue Department[701]Adopted and FiledRule making related to contact information
The Revenue Department hereby amends Chapter 25, “Challenges to Administrative Levies and Publication of Names of Debtors,” and Chapter 262, “Administration of Marijuana and Controlled Substances Stamp Tax,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code chapter 453B and sections 421.14, 421.17A and 421.17B.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 453B and sections 421.17A and 421.17B.Purpose and Summary This rule making removes an outdated mailing address for submitting challenges to administrative levy actions and replaces the address with references to electronic communication options and the Department’s website. Additionally, this rule making updates the location at which to purchase a drug tax stamp.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 14, 2022, as ARC 6748C. One comment was received from a taxpayer asking about drug tax stamps and their function as it pertains to selling drugs. Additionally, this taxpayer asked about the offset program and debt with the Department. Finally, the taxpayer made comments about the illegality of marijuana in Iowa. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on January 20, 2023.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 701—7.28(17A).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 March 15, 2023. The following rule-making actions are adopted:
ITEM 1. Amend rule 701—25.5(421) as follows:701—25.5(421) Issues that may be raised. 25.5(1) The issues raised by the challenging party, which are limited to a mistake of fact, may include but are not limited to: 1a. The challenging party has the same name as the obligor but is not the correct person. 2b. The challenging party does not have an interest in the account that is being seized. 3c. The amount listed in the notice to the obligor is greater than the amount actually owed. 25.() 25.5(2) 4The written challenge must besent by electronic means, including email or online as indicated on the department’s notice, or mailed to: Centralized Collection Facility, P.O. Box 6128, Des Moines, Iowa 50309,the central collections unit at the address found on the department’s website at tax.iowa.gov/mailing-addresses with adequate postage. ITEM 2. Amend 701—Chapter 25, implementation sentence, as follows: These rules are intended to implement Iowa Code Supplement sections 421.17 and 421.17A. ITEM 3. Amend rule 701—262.2(453B) as follows:701—262.2(453B) Sales of stamps. The director or the director’s authorized representative shall offer for sale to members of the public, during normal business hours, stamps which are capable of being affixed to taxable substances. The stamps shall be sold at the Hoover State Office Building, fourth floorFirst Floor, Des Moines, Iowa, and at other locations as may be designated by the director.The director shall offer for sale four different stamps: (1) a stamp for a substance consisting of or containing marijuana, (2) a stamp for taxable substances other than marijuana which are sold by weight, (3) a stamp for taxable substances other than marijuana which are not sold by weight, and (4) a stamp for each unprocessed marijuana plant. Each package or container which contains a taxable substance must have a stamp affixed to it. The stamps will be issued in denominations requested by the purchaser so long as the minimum purchase price for a single stamp purchase transaction is $215 or more. In addition, the denomination of individual stamps cannot be less than the price for ten dosage units, multiples of ten dosage units, one whole gram, or multiples of one gram even if the stamp will be affixed to a package containing less than ten dosage units or multiples thereof, or only a portion of one gram or multiples thereof.The director will accept payment for stamps in the form of cash, cashier’s check, or money order. Payment may not be made by personal check.The stamps are valid for a period of six months from the date of issuance, and the stamps shall contain a statement that the stamps expire after six months from the date of issue. A stamp is “unused” and expires if it has not been affixed to taxable substances within six months of the date of issue.Stamps may be purchased in person or by mail. Persons (including dealers) purchasing stamps are not required to provide identification such as their name or address when purchasing stamps. Neither the director nor any employee of the department shall reveal any information obtained from a stamp purchaser, nor shall information obtained from a stamp purchaser in the course of purchasing stamps be used against the stamp purchaser in any criminal proceeding, unless the information is independently obtained, except in connection with a proceeding involving taxes due under this chapter from the stamp purchaser against whom a tax was assessed. [Filed 1/20/23, effective 3/15/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6858CRevenue Department[701]Adopted and FiledRule making related to the property assessment appeal board
The Property Assessment Appeal Board hereby amends Chapter 102, “Assessment Practices and Equalization,” and Chapter 115, “Property Assessment Appeal Board,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 17A.4, 421.1A(4)“f” and 421.1A(4)“g.”State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 441.37A.Purpose and Summary The Board is making the following amendments to its rules: Item 1 rescinds rule 701—102.21(421,17A). This rule is no longer needed. Items 2 through 12 remove references to appeals filed prior to 2018 and references to content in rule 701—102.21(421,17A). Item 2 adds a definition for “written consideration.” Item 3 amends the rule to remove any reference to assessment years 2018 and prior since these appeals have largely been adjudicated. The amendment also clarifies what is to be included in the board of review’s answer to a notice of appeal. Item 4 amends the rule to permit parties, upon agreement, to serve one another via email. Item 5 amends the rule to identify where a public access terminal is available for the public based on changes to the Hoover State Office Building and the Board’s office. The amendment also clarifies which documents the Board’s staff may electronically file on behalf of a party. Item 6 amends the rule to include a requirement for filing a motion to dismiss for lack of jurisdiction within 90 days of filing the notice of appeal. Item 7 amends the rule establishing a threshold for required filing of hearing scheduling and discovery plans from $2 million to $3 million. Item 8 amends the Board’s discovery rules by limiting the number of discovery requests that may be served in cases involving property assessed for less than $1 million. Item 9 amends language regarding waiving 30-day notice of a Board hearing and permits video proceedings before the Board. The amendment identifies that participants in a hearing before the Board may now elect to participate via videoconference. The amendment also defines “ex parte” communications and notifies parties that ex parte communication with Board members is prohibited. Item 10 amends the rule regarding reopening the record and reconsiderations by specifying and clarifying the requirements for each filing. Item 11 amends the rule to clarify service requirements for petitions for judicial review and to require that a party seeking judicial review shall bear the cost of producing the transcript of a Board hearing, if a transcript is requested. Item 12 amends the rule to include provision for records retention following guidelines established by the State Records Commission.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 6601C. A public hearing was held on January 13, 2023. No one attended the public hearing. No public comments were received. Changes from the Notice have been made to update the numbering of Chapters 71 and 126, which were recently renumbered as Chapters 102 and 115, respectively. Cross-references to those chapters have also been updated.Adoption of Rule Making This rule making was adopted by the Board on January 13, 2023.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. 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 March 15, 2023. The following rule-making actions are adopted:
ITEM 1. Rescind and reserve rule 701—102.21(421,17A). ITEM 2. Amend rule 701—115.1(421,441) as follows:701—115.1(421,441) Applicability and definitions. 115.1(1) Applicability and scope. The rules set forth in this chapter govern the proceedings for all cases filed on or after January 1, 2015, in which the property assessment appeal board (board) has jurisdiction to hear appeals from the action of a local board of review. 115.1(2) Definitions. For the purpose of these rules, the following definitions shall apply: "Appellant" means the party filing the appeal with the property assessment appeal board. "Board" means the property assessment appeal board as created by Iowa Code section 421.1A and governed by Iowa Code chapter 17A and section 441.37A. "Department" means the Iowa department of revenue. "Electronic filing" means the electronic transmission of a document to the electronic filing system together with the production and transmission of a notice of electronic filing. "Electronic filing system" means the system established by the board for the filing of papers and service of the same to opposing parties. "Electronic record" means a record, file, or document created, generated, sent, communicated, received, or stored by electronic means. "Electronic service" means the electronic transmission of a notification to the registered users who are entitled to receive notice of the filing. "Local board of review" means the board of review as defined by Iowa Code section 441.31. "Nonelectronic filing" means a process by which a paper document or other nonelectronic item is filed with the board. "Notice of electronic filing" means an email notification generated by the electronic filing system when a document is electronically filed. "Party" means each person or entity named or admitted as a party or properly seeking and entitled as of right to be admitted as a party. "PDF" means an electronic document filed in a portable document format which is readable by the free Adobe® Acrobat® Reader. "Presiding officer" means the chairperson, member or members of the property assessment appeal board who preside over an appeal of proceedings before the board. "Public access terminal" means a computer located at the board’s office where the public may view, print, and electronically file documents. "Registered user" means an individual who can electronically file documents and electronically view and download files through the use of a username and password. "Remote access" means a registered user’s ability to electronically search, view, copy, or download electronic documents in an electronic record without the need to physically visit the board’s office. "Secretary" means the secretary for the property assessment appeal board. "Signature" means a registered user’s username and password accompanied by one of the following:- “Digitized signature” means an embeddable image of a person’s handwritten signature;
- “Electronic signature” means an electronic symbol (“/s/” or “/registered user’s name/”) executed or adopted by a person with the intent to sign; or
- “Nonelectronic signature” means a handwritten signature applied to an original document.
- Is a party to the appeal, or an officer, director or trustee of a party;
- Is a lawyer in the appeal;
- Is known to have an interest that could be substantially affected by the outcome of the appeal; or
- Is likely to be a material witness in the appeal; or
Rule making related to the register of assessors and deputy assessors
The Revenue Department hereby amends Chapter 103, “Examination and Certification of Assessors and Deputy Assessors,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 421.14, 441.5 and 441.10.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 441.5 and 441.10.Purpose and Summary Iowa Code sections 441.5(7) and 441.10(3) require the Director of Revenue to maintain a register containing the names of all individuals who are eligible for appointment as assessor or deputy assessor, respectively. This rule making allows the Department to more efficiently maintain the register by requiring that assessors and deputy assessors provide the Department with up-to-date contact information and by allowing the Department to remove deceased assessors or deputy assessors from the register. Additionally, this rule making reflects the Department’s current practice of indicating on the register whether an assessor or deputy assessor has retired.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 14, 2022, as ARC 6747C. 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 January 19, 2023.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 701—7.28(17A).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 March 15, 2023. The following rule-making action is adopted:
ITEM 1. Amend rule 701—103.12(441) as follows:701—103.12(441) Register of eligible candidates. 103.12(1) Assessor and deputy assessor register. a. Following the administration and grading of an examination for assessor or deputy assessor, the director shall establish updated registers containing the names, in alphabetical order, and addresses of all persons eligible for appointment. The registers shall not contain test scores, but the scores shall be given to the city or county conference board upon request. Eligible candidates shall remain on the register for two years following the date of certification by the director after which time the person must successfully retake the examination to be placed on the register. However, assessors and deputy assessors with six years of consecutive service shall be placed on the register permanently without further testing being required. “Consecutive service” means service in which there was not more than 30 days’ break in service. Assessor and deputy assessor service cannot be combined to meet the six-year consecutive service requirement.Assessors and deputy assessors are responsible for maintaining current contact information with the department, including mailing address, email address, and telephone number. b. In maintaining the register, the department shall indicate which assessors and deputy assessors have retired from the profession. An assessor or deputy assessor may request to no longer be indicated as retired on the register. c. Deceased assessors and deputy assessors shall be removed from the register. 103.12(2) Continuing education requirements. Assessors and deputy assessors must complete the continuing education requirements provided in Iowa Code sections 441.5 and 441.10 to be reappointed to their present position or appointed to the same position in a different assessing jurisdiction. This provision does not apply to persons not presently serving as an assessor or deputy assessor. It shall be the duty of the conference board in the case of assessor appointments and the duty of the assessor in the case of deputy assessor appointments to receive written verification from the director of continuing education requirement compliance. An assessor or deputy assessor appointed as such without having complied with continuing education requirements shall be removed from office on order of the director. No continuing education requirements need be met for an assessor to be appointed a deputy assessor nor for a deputy assessor to be appointed an assessor. This rule is intended to implement Iowa Code sections 441.5 and 441.10. [Filed 1/19/23, effective 3/15/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6887CSecretary of State[721]Adopted and FiledRule making related to fees
The Secretary of State hereby amends Chapter 30, “Uniform Commercial Code,” and Chapter 40, “Corporations,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code chapter 17A and section 9.4A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 9.4A and 2022 Iowa Acts, Senate File 2385, section 29.Purpose and Summary In 2017, the Legislature authorized the Secretary of State to temporarily increase some fees for the purposes of modernizing Secretary of State technology to benefit Iowa’s business community. Those temporary increases ended effective June 30, 2022. This rule making reverts those fees to the amounts prior to the increase. The Secretary of State’s office stopped collecting the extra fees as scheduled starting July 1, 2022. This rule making reflects that practice.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on July 27, 2022, as ARC 6427C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Secretary of State on January 15, 2023.Fiscal Impact The Secretary of State received up to $2 million in revenue to update and modernize technology. That total, plus slightly more in some years (sent to the General Fund), will no longer be collected by the Secretary of State. This is not an impact of the rule making itself, but is due to the sunset provision in the 2017 legislation authorizing those fees, ending June 30, 2022. This rule making merely reflects the sunset provision. 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 Secretary of State for a waiver of the discretionary provisions, if any, pursuant to 721—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 March 15, 2023. The following rule-making actions are adopted:
ITEM 1. Amend subrule 30.1(10) as follows: 30.1(10) Filing fees. a. Filing fee.The fee for filing and indexing a UCC document of one or two pages communicated on paper or in a paper-based format (including faxes) is $20$10. If there are additional pages, the fee is $40$20. But the fee for filing and indexing a UCC document communicated by a medium authorized by these rules which is other than on paper or in a paper-based format shall be $10$5. Upon the expiration of the technology modernization fund in Iowa Code section 9.4A, as created by 2017 Iowa Acts, Senate File 516, section 23, the fees will revert back to the amounts authorized prior to July 1, 2017. Funds generated by these fees shall be exclusively used for improving business services technology. b. UCC search fee.The fee for a UCC search request communicated verbally, on paper or in a paper-based format is $5. c. UCC search—copies.The fee for paper copies of UCC documents is $1 per page. ITEM 2. Amend subrule 40.8(1) as follows: 40.8(1) A limited partnership or foreign limited partnership authorized to transact business in this state shall deliver to the secretary of state for filing a biennial report that meets the requirements of Iowa Code section 488.210. a. The fee for filing and indexing a biennial report filed on paper or in a paper-based format is $60$45. This fee may be provided in the form ofcredit card, cash, personal check, cashier’s check, or money order or by secretary of state charge account. Upon the expiration of the technology modernization fund in Iowa Code section 9.4A, as created by 2017 Iowa Acts, Senate File 516, section 23, the fee will revert back to the amount authorized prior to July 1, 2017. Funds generated by this fee shall be exclusively used for improving business services technology. b. The fee for an electronic filing through the secretary of state Internet website is $45$30. This fee must be paid by check, credit card, or secretary of state charge accountcredit card or secretary of state charge account. Upon the expiration of the technology modernization fund in Iowa Code section 9.4A, as created by 2017 Iowa Acts, Senate File 516, section 23, the fee will revert back to the amount authorized prior to July 1, 2017. Funds generated by this fee shall be exclusively used for improving business services technology. ITEM 3. Amend subrule 40.8(2) as follows: 40.8(2) A limited liability company or a foreign limited liability company authorized to transact business in this state shall deliver to the secretary of state for filing a biennial report that meets the requirements of Iowa Code section 489.209. a. The fee for filing and indexing a biennial report filed on paper or in a paper-based format is $60$45. This fee may be provided in the form ofcredit card, cash, personal check, cashier’s check, or money order or by secretary of state charge account. Upon the expiration of the technology modernization fund in Iowa Code section 9.4A, as created by 2017 Iowa Acts, Senate File 516, section 23, the fee will revert back to the amount authorized prior to July 1, 2017. Funds generated by this fee shall be exclusively used for improving business services technology. b. The fee for an electronic filing through the secretary of state Internet website is $45$30. This fee must be paid by check, credit card, or secretary of state charge accountcredit card or secretary of state charge account. Upon the expiration of the technology modernization fund in Iowa Code section 9.4A, as created by 2017 Iowa Acts, Senate File 516, section 23, the fee will revert back to the amount authorized prior to July 1, 2017. Funds generated by this fee shall be exclusively used for improving business services technology. ITEM 4. Rescind subrule 40.8(3). ITEM 5. Amend 721—Chapter 40, implementation sentence, as follows: These rules are intended to implement Iowa Code chapters 490, 491, 499, 504, and 548 and 2017 Iowa Acts, Senate File 516, section 23. [Filed 1/15/23, effective 3/15/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6845CTransportation Department[761]Adopted and FiledRule making related to emergency vehicle certificates
The Transportation Department hereby amends Chapter 451, “Emergency Vehicle Certificate,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 321.451(1).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 321.231(2), 321.231(3), 321.231(4) and 321.451 as amended by 2022 Iowa Acts, Senate File 333, sections 2, 3 and 9, and sections 321.231(3A), 321.231A and 321.324A(3A) as enacted by 2022 Iowa Acts, Senate File 333, sections 4, 5 and 7, respectively.Purpose and Summary This rule making conforms Chapter 451 with 2022 Iowa Acts, Senate File 333. This legislation adds the following to the list of vehicles eligible under Iowa Code section 321.451 for a certificate of designation as an authorized emergency vehicle by the Department: 1. A vehicle privately owned by a certified chief or certified fire officer of a volunteer fire department, a fire department comprised of volunteer and paid members, or a nonprofit corporation delivering emergency services to a municipality under contract. The owner of the vehicle must provide proof of certification as a fire officer. 2. A vehicle privately owned by a chief, medical director, or certified medical provider of an authorized emergency medical service. Prior to the Department approving an application, additional requirements for these categories of vehicles include that the owner must have completed an emergency vehicle operations course approved by either the Fire Service Training Bureau or the Department of Public Health as applicable, and that the owner must provide proof of financial liability coverage or risk pool coverage. These amendments provide that a person seeking an authorized emergency vehicle certificate must meet the requirements set forth under Iowa Code section 321.451 as amended by Senate File 333, section 9, and in addition these amendments expand the permitted operations of an authorized emergency vehicle to allow the driver of an authorized emergency vehicle to operate the vehicle during parades, events and funeral processions as identified in newly enacted Iowa Code sections 321.231A and 321.324A. These amendments also align the Department’s authority to deny an application or revoke a certificate of designation with the amended and additional requirements for operation of an authorized emergency vehicle.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 30, 2022, as ARC 6702C. No public comments were received. Since publication of the Notice of Intended Action, 2022 Iowa Acts, Senate File 333, has been codified. Therefore, references in this rule making to 2022 Iowa Acts, Senate File 333, have been removed accordingly. No other changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on January 11, 2023.Fiscal Impact This rule making has no fiscal impact to the State of Iowa beyond any impact anticipated by the legislation. 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.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 March 15, 2023. The following rule-making actions are adopted:
ITEM 1. Amend rule 761—451.2(321) as follows:761—451.2(321) Authorized emergency vehicle certificate. 451.2(1) Application. Application for a certificate which designates a privately owned vehicle as an authorized emergency vehicle shall be submitted to the motor vehicle division in the form and manner prescribed by the department. The department shall deny an application if the applicant does not establish for the department that the vehicle will be used as an authorized emergency vehicle, as described in Iowa Code section 321.451, or that the vehicle does not otherwise demonstrate necessity for the designation, or that the applicant does not meet the criteria for issuance of a certificate established by Iowa Code section 321.451. 451.2(2) Expiration. The certificate of designation expires at midnight on the thirty-first day of December five years from the year in which it was issued. 451.2(3) Limitation. In addition to the provisions of Iowa Code sectionsections 321.231(2),321.231(4), 321.231A, 321.324A(3A) and 321.451, a towing or recovery vehicle with a valid certificate of designation may only display illuminated emergency lights in one of the following circumstances: a. When the vehicle is at the scene of an emergency, which includes an incident dangerous to the public or roadside operations where increased visibility will mitigate risk of traffic hazards. b. When otherwise authorized by a law enforcement officer. This rule is intended to implement Iowa Code sections 321.231, 321.231A, 321.324A(3A) and 321.451. ITEM 2. Amend rule 761—451.3(17A,321) as follows:761—451.3(17A,321) Application denial or certificate revocation. 451.3(1) The department may deny an application or revoke a certificate of designation if an applicant or certificate holder fails to comply with the applicable provisions of this chapter or Iowa Code section 321.231, 321.231A, 321.324A(3A)or 321.451,; or if the certificate holder is no longer eligible for the certificate, or the certificate holder otherwise abuses the certification. 451.3(2) The department shall send notice by certified mail to a person whose certificate of designation is to be revoked. The department shall send notice by first-class mail when an application is denied. The notice shall be mailed to the person’s mailing address as shown on departmental records, and the revocation or denial shall become effective 20 days from the date mailed. A person who is aggrieved by a decision of the department and who is entitled to a hearing may contest the decision in accordance with 761—Chapter 13. The request shall be submitted in writing to the director of the motor vehicle division. The request shall be deemed timely submitted if it is delivered or postmarked on or before the effective date specified in the notice of revocation or denial. This rule is intended to implement Iowa Code chapter 17A and sections 321.13, 321.16, 321.231, 321.231A, 321.324A(3A) and 321.451. [Filed 1/11/23, effective 3/15/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6846CTransportation Department[761]Adopted and FiledRule making related to driver’s licenses for undercover law enforcement officers
The Transportation Department hereby amends Chapter 625, “Driver’s Licenses for Undercover Law Enforcement Officers,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 307.12 and 321.189A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 321.189 and 321.189A.Purpose and Summary These amendments add the provision that an applicant who is employed by a state or local law enforcement agency that is located outside Iowa is ineligible for an undercover Iowa driver’s license. These officers typically have no jurisdictional authority to conduct official activity in Iowa and may seek to obtain an undercover driver’s license from their state of domicile. However, federal law enforcement officers remain eligible to obtain undercover driver’s licenses as provided in Iowa Code section 321.189A(2). In addition, these amendments update terminology from “disapprove” to “deny” in relation to application processing, clarify that the Bureau of Investigation and Identity Protection is responsible for collecting and canceling surrendered driver’s licenses, and update the chapter’s implementation sentence to add Iowa Code section 321.189, which is the statute that prescribes the content of all driver’s licenses issued by the Department.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 30, 2022, as ARC 6703C. The Department received comments from one person. The commenter expressed concerns that the Department’s current practice of issuing undercover driver’s licenses in compliance with Iowa Code section 321.189A is noncompliant with federal REAL ID regulations pursuant to 6 CFR Part 37 and also noncompliant with federal and state laws limiting a person to possession of only one driver’s license or ID card at a time. The commenter also questioned whether the amendments violate federal and state laws and regulations. The Department’s response identified the federal REAL ID regulation that expressly permits state driver’s license agencies to issue undercover driver’s license to law enforcement officials and clarified how the Department’s existing practices and rules maintain compliance with the “one license” and “one REAL ID” requirements of federal and state laws. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on January 11, 2023.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.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 March 15, 2023. The following rule-making actions are adopted:
ITEM 1. Amend rule 761—625.2(321) as follows:761—625.2(321) Application. 625.2(1) The application for an undercover driver’s license must: a. Be in writing. b. Include a fictitious name as well as the applicant’s true identity. c. Include a statement of need. d. Be signed by both the applicant and the head of the law enforcement agency employing the applicant. e. Be submitted to the Bureau of Investigation and Identity Protection, Iowa Department of Transportation, 6310 SE Convenience Blvd., Ankeny, Iowa 50021. 625.2(2) All applications shall be investigated by the department. An investigation shall include, but not be limited to, a 50-state check of the fictitious name and verification of the applicant’s employment with the sponsoring law enforcement agency. 625.2(3) The department shall determine if the undercover license is necessary. 625.2(4) The department shall approve or disapprovedeny the application, based on the results of the investigation and the determination of necessity. 625.2(5) An applicant employed by a state or local law enforcement agency that is located in a state other than Iowa is not eligible for an undercover driver’s license issued under this chapter. ITEM 2. Amend rule 761—625.5(321) as follows:761—625.5(321) Cancellation. When the need for an undercover license no longer exists or if the licensee ceases to be employed by the sponsoring law enforcement agency, the licensee shall surrender the undercover license to the departmentbureau of investigation and identity protection for cancellation. ITEM 3. Amend 761—Chapter 625, implementation sentence, as follows: These rules are intended to implement Iowa Code sections 22.7, 80G.3,321.189,321.189A,and321.196 and 6 CFR Part 37. [Filed 1/11/23, effective 3/15/23][Published 2/8/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 2/8/23.ARC 6841CWorkers’ Compensation Division[876]Adopted and FiledRule making related to electronic filing and reaching settlements
The Workers’ Compensation Commissioner hereby amends Chapter 1, “Purpose and Function,” Chapter 2, “General Provisions,” Chapter 3, “Forms,” Chapter 4, “Contested Cases,” Chapter 6, “Settlements and Commutations,” Chapter 8, “Substantive and Interpretive Rules,” Chapter 9, “Public Records and Fair Information Practices,” and Chapter 11, “Electronic Data Interchange (EDI),” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 86.8.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapters 17A, 22, 85, 85A, 85B, 86 and 87.Purpose and Summary The purpose of this rule making is to update language in the rules for consistency with the implementation of the electronic filing system, to update the waiver provisions for the electronic filing system, to allow represented parties more flexibility in reaching settlements, to update outdated language, and to increase the filing fee.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 30, 2022, as ARC 6701C. No public comments were received. One change from the Notice has been made in rule 876—4.17(17A,85,86) in Item 29 to include “physician assistants” pursuant to 2022 Iowa Acts, House File 803.Adoption of Rule Making This rule making was adopted by the Commissioner on January 4, 2023.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 Commissioner for a waiver of the discretionary provisions, if any, pursuant to rule 876—12.4(17A). 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 March 15, 2023. The following rule-making actions are adopted:
ITEM 1. Amend rule 876—1.2(86,17A) as follows:876—1.2(86,17A) Location. Interested persons may contact the Iowa Workers’ Compensation Commissioner, 150 Des Moines Street, Des Moines, Iowa 50309; telephone (515)725-4120 or 1-800-645-4583. The fax number is (515)281-6501. The website address is www.iowaworkforce.org/wcwww.iowaworkcomp.gov. ITEM 2. Amend rule 876—2.1(86) as follows:876—2.1(86) Extending time and continuances. For good cause theThe workers’ compensation commissioner or the commissioner’s designeea deputy workers’ compensation commissioner may modify the time to comply with any rulefor good cause. This rule is intended to implement Iowa Code chapter 86. ITEM 3. Amend rule 876—2.2(85A,85B,86,87) as follows:876—2.2(85,85A,85B,86,87) Applicability. When appropriate, all rules shall apply to Iowa Code chapters85,85A, 85B, 86 and 87as well as chapter 85. This rule is intended to implement Iowa Code chapters 85, 85A, 85B, 86 and 87. ITEM 4. Adopt the following new implementation sentence in rule 876—2.3(86,87): This rule is intended to implement Iowa Code chapters 86 and 87. ITEM 5. Amend rule 876—2.5(85,85A,85B,86) as follows:876—2.5(85,85A,85B,86) Use of workers’ compensation electronic system (WCES) for submission of filings. The division of workers’ compensation requires the filing of electronicElectronic data interchange (EDI) information, forms, petitions, pleadings, responses,motions, briefs, and any other submissions to be effectuated by use ofshall be filed through the workers’ compensation electronic system (WCES). The website address for WCES is efile.iowaworkcomp.govwww.iowaworkcomp.gov/efile. The division of workers’ compensation may provide exceptions to the mandatory use of WCES in contested claims. Any electronic filing that is quarantined due to a virus will not be considered received.Any electronic filing that is quarantined due to a virus will not be considered received. 2.5(1) The division of workers’ compensation shallmay grant exceptions for filing in WCES for good cause, such as a power outage at the filer’s office or homea request for waiver of the mandatory use of WCES in contested cases, pursuant to rule 876—12.4(17A). 2.5(2) The division of workers’ compensation shall grant exceptions for part or the duration of a case for good cause, such as when a filer cannot use a computer or does not have regular access to the Internet at home through a device capable of displaying documents. This inability to file in or follow the case could put a filer at a disadvantage before the agency. Only a deputy workers’ compensation commissioner or the workers’ compensation commissioner can grant an exception for the duration of arequest for waiver of the mandatory use of WCES in a contested case. 2.5(3) The commissioner or the commissioner’s designee shall allow the filing of paper documents in case of a systemic failure of WCES.If the division of workers’ compensation grants a waiver of the mandatory use of WCES in a contested case, the division of workers’ compensation shall file paper documents received from the filer in WCES.This rule is intended to implement Iowa Code chapters 85, 85A, 85B and 86. ITEM 6. Amend rule 876—2.7(86) as follows:876—2.7(86) Official record. The electronic record made and maintained by the division of workers’ compensation is the official record of acontested case unless different means are ordered by the commissioner or deputy commissioner or unless a proceeding is not required to use WCES. The division may require parties to scan and file in WCES pleadings, exhibits and other records that were filed as paper documents before the establishment of WCES.This rule is intended to implement Iowa Code chapters 85, 85A, 85B and 86. ITEM 7. Amend rule 876—2.8(86) as follows:876—2.8(86) Document requirements. Pleadings, responses to pleadings, exhibits, and transcripts submitted to the division of workers’ compensation shall be scanned, attached, and filed in portable document format (pdf) or as image-on-text documents (searchable pdf). A hearing report or proposed order or proposed ruling shall be submitted in Microsoft Word formatas a pdf or searchable pdf. Transcripts submitted shall include an index. Filings shall not exceed 3020 megabytes (MB). Documents exceeding 3020 MB shall be divided and submitted as separate attachments to comply with this size limit. All filings pursuant to this rule shall be submitted via WCES unless otherwise ordered by the workers’ compensation commissioner,or a deputy workers’ compensation commissioner or other agency staff who have been delegated authority by the commissioner. Audio or video files shall use MP3 or MP4 format and should be submitted with a virus-scanned USB drive or DVD and shall not exceed 500 MB for each filing. This rule is intended to implement Iowa Code chapters 85, 85A, 85B and 86. ITEM 8. Rescind and reserve rule 876—2.9(86). ITEM 9. Amend subrules 3.1(1) and 3.1(2) as follows: 3 3.1 1(1) First report of injury(FROI). The first report of injury (FROI)FROI contains general information concerning the employee, the employer and the claimed injury. ItA FROI is to be filed whether or not an adjudication or admission of liability for the injury exists and is to be filed as provided in Iowa Code section 86.11 and 876—Chapter 11. The first report of injuryFROI is to be filed when demanded by the commissioner pursuant to Iowa Code section 86.12 and when an employer is served with an original notice and petition that alleges an injury for which a first reportFROI has not been filed. If an original notice and petition alleges multiple injury dates, only one first report of injuryFROI should be filed, and the date of injury reported should be the date the reporter uses when adjusting the claim. 3 3.1 1(2) Subsequent report of injury (SROI). a. The subsequent report of injury (SROI)SROI provides for filing of notice of commencement of payments, correcting erroneous claim information, supplying additional information, denying compensability, agreeing to the weekly benefit rate and agreeing to make payments under the Workers’ Compensation Act, reporting the status of a claim, or recording benefits paid. Notice of commencement of payments shall be filed within 30 days of the first payment. When liability on a claim is denied, a letter shall be sent to claimant stating reasons for denial. The SROI shall also be filed when compensation is terminated or interrupted. Medical data supporting the action taken shall be filed when temporary total disability or temporary partial disability exceeds 13 weeks or when the employee sustains a permanent disability. b. The employer and insurance carrier who are required to file medical data shall file the medical data in WCES. The employer or insurance carrier or the employer’s or insurance carrier’s agent shall register in WCES to file the medical data. The filer will receive a status update for the information the filer submits based upon the status the filer selects and for which the filer is approved in WCES. ITEM 10. Amend subrule 3.1(7) as follows: 3.1(7) Form—original notice and petition. The following forms are types of original notice and petition: original notice and petition—Form 100 (Form No. 14-0005); original notice,and petition, answer and order concerningapplication for independent medical examination—Form 100A (Form No. 14-0007); answer and order concerningapplication for independent medical examination—Form 100A (Form No. 14-0007A); original notice,and petition, answer and order concerning vocational rehabilitation program benefit—Form 100B (Form No. 14-0009); answer concerning vocational rehabilitation program benefit—Form 100B (Form No. 14-0009A); original notice, petition, and answer concerning application for alternate medical care—Form 100C (Form No. 14-0011); answer concerning application for alternate medical care—Form 100C (Form No. 14-0011A); original notice,and petition, and answer concerning application for vocational training and education—Form 100D (Form No. 14-0012); answer concerning application for vocational training and education—Form 100D (Form No. 14-0012A); original notice and petition for full commutation of all remaining benefits of ten weeks or more 876 IAC 6.2(6)—Form 9 (Form No. 14-0013); checklist for full commutation (Form No. 14-0015);and original notice and petition and order for partial commutation—Form 9A (Form No. 14-0017); and checklist for partial commutation (Form No. 14-0019). See rule 876—4.6(85,86,17A) for further descriptions. ITEM 11. Amend subrules 3.1(18) and 3.1(19) as follows: 3 3.1 1(18) Form No. 9—original notice and petition and order for commutation of all remaining benefits of ten weeks or more 876 IAC 6.2(6). (Form No. 14-0013) This form contains data relevant to benefits paid and those to be paid by commutation when all unaccrued benefits are due. Signatures of the parties are necessary. Approval by the workers’ compensation commissioner or a deputyworkers’ compensation commissioner is necessary. The form contains language of release. 3 3.1 1(19) Form No. 9A—original notice and petition and order for partial commutation. (Form No. 14-0017) This form contains the same data and requirements as Form No. 9. However, all remaining benefits are not commuted. No language of release is contained. ITEM 12. Rescind subrule 3.1(27) and adopt the following new subrule in lieu thereof: 3.1(27) Form—nonelection of workers’ compensation or employers’ liability coverage. (Form No. 14-0175) This form is used for exclusion from liability coverage pursuant to Iowa Code section 87.22. ITEM 13. Rescind subrule 3.1(28) and adopt the following new subrule in lieu thereof: 3.1(28) Form—shorthand reporter identification form. (Form No. 14-0178) This form is used to identify the official shorthand reporter and custodian of the notes for a hearing. ITEM 14. Amend subrule 3.1(29) as follows: 3.1(29) Form—application to be excused from filing in WCESrequest for waiver of the mandatory use of WCES. (Form No. 14-0176) This form is used by a self-represented party to request permissiona waiver from those rules requiring filing in WCES and allows a party to file and serve documents in paper form and be excused from using WCES. ITEM 15. Rescind and reserve subrule 4.1(13). ITEM 16. Amend rule 876—4.2(86) as follows:876—4.2(86) Separate evidentiary hearing or consolidation of proceedings. A person presiding over a contested case proceeding in a workers’ compensation matter may conduct a separate evidentiary hearing for determination of any issue in the contested case proceeding which goes to the whole or any material part of the case. An order determining the issue presented shall be issued before a hearing is held on the remaining issues. The issue determined in the separate evidentiary hearing shall be precluded at the hearing of the remaining issues. If the order on the separate issue does not dispose of the whole case, it shall be deemed interlocutory for purposes of appeal.When any contested case proceeding shall be filed prior to or subsequent to the filing of an arbitration or review-reopening proceeding and is of such a nature that it is an integral part of the arbitration or review-reopening proceeding, it shall be deemed merged with the arbitration or review-reopening proceeding. No appeal to theworkers’ compensation commissioner of a deputyworkers’ compensation commissioner’s order in such a merged proceeding shall be had separately from the decision in arbitration or review-reopening unless appeal to the commissioner from the arbitration or review-reopening decision would not provide an adequate remedy.Entitlement to denial or delay benefits provided in Iowa Code section 86.13 shall be pled, and if pled, discovery shall be limited to matters discoverable in the absence of such pleading unless it is bifurcated. The claimant may bifurcate the denial or delay issue by filing and serving a notice of bifurcation at any time before a case is assigned for hearing, in which case discovery on that issue may proceed only after the final decision of the agency on all other issues. This rule is intended to implement Iowa Code sections 86.13, 86.18 and 86.24. ITEM 17. Amend rule 876—4.3(85,85A,86,87) as follows:876—4.3(85,85A,86,87) Compliance proceedings. If the workers’ compensation commissioner shall have reason to believe that there has not been compliance with the workers’ compensation law by any person or entity, theworkers’ compensation commissioner may on theworkers’ compensation commissioner’s own motion give notice to the person or entity and schedule a hearing for the purpose of determining whether or not there has been compliance by the person or entity. The notice shall state the time and place of the hearing and a brief statement of the matters to be considered. The notice of hearing may be given by ordinary mail or by WCES if the alleged noncompliant person or entity is registered in WCES and is currently participating in a contested case using WCES and may be given to the insurer for the employer in lieu of the employer as permitted by Iowa Code section 87.10 if the insurer has filed a report, pleading or motion that acknowledges that it is the insurer for the claim at issue. Following the hearing, theworkers’ compensation commissioneror a deputy workers’ compensation commissioner may issue a finding regarding compliance. In the event a failure to comply is found, theworkers’ compensation commissioner may impose sanctions in accordance with Iowa Code section 86.12, 86.13 or 86.13A or order compliance within a specified time and under specified circumstances. The workers’ compensation commissioner may file a certified copy of the order in an appropriate district court and may file a certified copy of the order with the Iowa insurance division of the department of commerce with a request for action by the insurance division upon failure to comply with the order.Nothing in this rule shall prevent the workers’ compensation commissioner from conducting an informal conference with any person or entity concerning problems of compliance prior to the initiation of a compliance proceeding. This rule is intended to implement Iowa Code chapters 85, 85A, 86 and 87. ITEM 18. Amend rule 876—4.4(86) as follows:876—4.4(86) Request for hearing. Unless otherwise ordered, aA hearing shall not be held in proceedings undersubrules 4.1(8) to 4.1(13)4.1(12), unlessotherwise ordered or requested in writing by the petitioner in the original notice or petition or by the respondent within ten days following the time allowed by these rules for appearance. This rule is intended to implement Iowa Code chapter 86. ITEM 19. Amend rule 876—4.5(86) as follows:876—4.5(86) Commencement bythe workers’ compensation commissioner. In addition to an aggrieved party, theworkers’ compensation commissioner may initiate proceedings undersubrule4.1(10). The proceeding may be held before a deputyworkers’ compensation commissioner or theworkers’ compensation commissioner. The workers’ compensation commissioner shall be the only person to commence a proceeding undersubrule4.1(14), unless such authority is specifically delegated by the workers’ compensation commissioner to a deputyworkers’ compensation commissioner concerning a specific matter. This rule is intended to implement Iowa Code chapter 86. ITEM 20. Amend rule 876—4.6(85,86,17A) as follows:876—4.6(85,86,17A) Original notice and petition. A petition or application must be delivered or filed with the original notice unless original notice Form 100, Form 100A, Form 100B, or Form 100D of the division of workers’ compensation is used.The original notice Form 100, Form 100A, Form 100B, Form 100C, Form 100D, or a determination of liability reimbursement for benefits paid and recovery of interest form shall provide for the data required in Iowa Code section 17A.12(2) and shall contain factors relevant to the contested case proceedings listed inrule876—4.1(85,85A,85B,86,87,17A). Form 100 is to be used for all contested case proceedings except as indicated in this rule. Form 100A is to be used for the contested case proceedings provided for in subrulessubrule4.1(12)and 4.1(13). Form 100B is to be used for the contested case proceeding provided for in subrule 4.1(8). Form 100C is to be used for the contested case proceeding provided for in subrule 4.1(15) and rule 876—4.48(17A,85,86). Form 100D is to be used for the contested case proceeding provided for in rule 876—4.50(85). The application and consent order for payment of benefits under Iowa Code section 85.21 is to be used for contested case proceedings brought under Iowa Code section 85.21. When a commutation is sought, Form No. 914-0013 or Form No. 9A14-0017 must be filed in addition to any other document. The petition for declaratory order, approval of attorney fees, determination of compliance and other proceedings not covered in the original notice forms must accompany the original notice.At the same time and in the same manner as service of the original notice and petition, the claimant shall serve a patient’s waiver using Form 14-0043 (authorization for release of information regarding claimants seeking workers’ compensation benefits), or a substantially equivalent form, which shall not be revoked until conclusion of the contested case. The claimant shall provide the patient’s waivers in other forms and update the patient’s waivers as necessary to permit full disclosure of discoverable information whenever requested by a medical practitioner or institution.A separate original notice and petition shall be filed for each claim that seeks benefits due to the occurrence of an injury, occupational disease or occupational hearing loss. The original notice and petition shall allege a specific date of occurrence consisting of a day, month and year. Alternate or multiple dates of occurrence may be alleged in the same original notice and petition if the claim or claims arose from the same occurrence or series of occurrences and uncertainty exists concerning the correct date of occurrence or the number of occurrences. An employee may join any number of employers or insurance carriers in the same original notice and petition if the claim is made against them jointly, severally or in the alternative. The remedy for misjoinder must be requested by motion within a reasonable time after the grounds become known, but in no event later than the claimant’s case preparation completion date. All remedies will be applied without prejudice to any claim or defense. In addition to the remedies contained in Iowa Rule of Civil Procedure 1.236, the workers’ compensation commissioner may order that parts of a claim be severed and proceeded with separately or that separate related claims be joined or consolidated for administrative convenience or for any good cause. If a correction is ordered but not made by a date specified in the order, the original notice and petition may be dismissed without further notice. If the correction is made within the specified time, the correction relates back to the date of the initial filing for purposes of the statute of limitations. This rule is intended to implement Iowa Code sections 85.27, 85.45, 85.48, and 17A.12. ITEM 21. Amend rule 876—4.7(86,17A) as follows:876—4.7(86,17A) Delivery of notice, orders, rulings and decisions. Delivery of the original notice shall be made by the petitioning party as provided in Iowa Code section 17A.12(1) except that a party may deliver the original notice on a nonresident employer as provided in Iowa Code section 85.3. A proposed or final decision, order or ruling may be delivered by the division of workers’ compensation to any party by regular mail, by email or by WCES. Filing of a notice, ruling and decision in WCES is the official filing and start of any appeal or motion deadline. Parties registered in WCES for a claim will be sent a courtesy email informing the parties of a filing. This rule is intended to implement Iowa Code sections 85.3 and 17A.12. ITEM 22. Amend rule 876—4.8(86) as follows:876—4.8(86) Filing of notice. 4.8(1) A contested case is commenced by filing the original notice and petition with the workers’ compensation commissioner. No action shall be taken by the workers’ compensation commissioner on any contested case against an adverse party unless the adverse party has answered or unless it can be shown by proper proof that the adverse party has been properly served. The original notice and petition if required by 876—4.6(85,86,17A) shall be accompanied by proof that the petitioner has deposited copies of such documents with the U.S. post office for delivery by certified mail, return receipt requested, upon the respondent or has submitted such copies to a proper person for delivery of personal service as in civil actions. 4.8(2) Filing fee. a. For all original notices and petitions for arbitration or review-reopening relating to weekly benefits filed on account of each injury, gradual or cumulative injury, occupational disease or occupational hearing loss alleged, a filing fee shall be paid at the time of filing. The filing fee for petitions is $100$125. No filing fee is due for the filing of other actions where the sole relief sought is one of the following or a combination of any of them: medical and other benefits under Iowa Code section 85.27; burial benefits,under Iowa Code section 85.28; determination of dependency,under Iowa Code sections 85.42, 85.43, and 85.44; equitable apportionment,under Iowa Code section 85.43; second injury fund,under Iowa Code sections 85.63 to 85.69; vocational rehabilitation benefits,under Iowa Code section 85.70(1); vocational training and education benefits,under Iowa Code section 85.70(2); approval of legal, medical and other fees under Iowa Code section 86.39; commutation,under Iowa Code sections 85.45 to 85.48; employee’s examination,under Iowa Code section 85.39; employee’s examination or sanctions,under Iowa Code section 85.39; application for alternate care,under Iowa Code section 85.27; determination of liability, reimbursement for benefits paid and recovery of interest,under Iowa Code section 85.21; interest,under Iowa Code section 85.30; penalty,under Iowa Code section 86.13; application for approval of third-party settlement,under Iowa Code section 85.22; and petitions for declaratory orders or petitions for interventions filed pursuant to 876—Chapter 5. An amendment to a petition that was filed on or after July 1, 1988, that alleges an additional or alternate date of occurrence does not require payment of an additional filing fee if a filing fee was paid when the petition was filed. b. A filing fee shall be required for each original notice and petition filed, as required in paragraph 4.8(2)“a.” Ifa party overpays a filing fees have been overpaid, the amount overpaid shall be refunded tofee, the party who made the overpaymentmay receive a refund. The party who made the overpayment must request a refund before June 1 of the fiscal year in which the overpayment occurred. c. Rescinded IAB 11/27/02, effective 1/1/03. d. Rescinded IAB 11/27/02, effective 1/1/03. e. If the correct filing fee or fees are not paid at the time of filing of the original notice and petition, the workers’ compensation commissioner shall enter an order requiring payment of the correct filing fee or fees. If the required correction is not made by a date specified in the order, the original notice and petition shall automatically be dismissed without prejudice without entry of further order. See rule 876—4.36(86). If correction is made within the specified time, the initial filing shall be sufficient to have tolled the statute of limitations. c. If no filing fee is paid at the time of filing of the original notice and petition, the workers’ compensation commissioner shall return the original notice and petition to the party filing it. Filing an original notice and petition without paying the fee shall not toll the statute of limitations. Tendering an amount less than required will be considered failure to pay a filing fee. f. d. The filing fee may be taxed as a cost to the losing party in the case. If the filing fee would impose an undue hardship or be unjust in the circumstances for the losing party, the filing fee may be taxed as costs to the winning party in the case. If an original notice and petition is erroneously accepted for filing without payment of the correct filing fee or fees, any unpaid fees may be taxed as costs. See rule 876—4.33(86). g. e. The filing fee shall be paid at the same time the petition is filed. The filing fee shall be paid electronically with a credit card or electronic check, via automated clearing house (ACH), or by other electronic means as allowed by WCES. Checks should be made, unless an order granting permission for nonelectronic payment has been issued. If an order granting permission for nonelectronic payment has been issued, the party filing the petition shall issue a check payable to the “Iowa Division of Workers’ Compensation.” If the payment of the filing fee is made by anaccount with insufficient funds check or a check on whichor the payment is stopped, or a check on whichthe payment is otherwise not honored, it will be treated as a failure to pay the correct filing fee. See 4.8(2)“e.”paragraph 4.8(2)“c.” Nonelectronic payment will not be accepted without an order granting permission for nonelectronic payment. AnyThe statute of limitations is not tolled if a party has requested nonelectronic payment and is awaiting an order. h. f. The workers’ compensation commissioner may accept for filing an original notice and petition without prepayment of the filing fee if in the discretion of the workers’ compensation commissioner the petitioner is unable to pay the fee at the time of filing. A deferral of payment of the filing fee shall only be granted upon written application by the petitioner. The application shall be filed at the same time the original notice and petition is filed. The application shall be in the form required by the workers’ compensation commissioner and shall include an affidavit signed by the petitioner. When payment of the filing fee is deferred, provisions for payment of the filing fee must be included in any settlement submitted to the workers’ compensation commissioner for approval or taxed as costs. When the application for deferral of payment of the filing fee is denied, the filing fee shall be paid as ordered. See 4.8(2)“e.”paragraph 4.8(2)“c.” The form for the application deferral of prepayment of fees (Form No. 14-0075) shall not be filed using WCES. The document shall be filed in paper form. If the request for deferral of fees is granted, a claim will be established in WCES. Parties to the claim shall use WCES for future filings, unless a party has been excused from usinggranted a waiver of the mandatory use of WCES. i. Rescinded IAB 1/29/97, effective 3/5/97. j. g. Parties shall use the payment gateway in WCES to pay filing fees, unless an order has been issued allowing deferral of the payment of the filing fee or payment outside of WCES. In addition to the filing fee, the parties shall pay the convenience fee charged by the financial institution that is processing payment for WCES. This cost may be recoverable under rule 876—4.33(86). This rule is intended to implement Iowa Code section 17A.12. ITEM 23. Amend rule 876—4.9(17A) as follows:876—4.9(17A) Appearance and responses, pleadings, motions and settlements. Appearances and responses to pleadings and motions shall be made using the division of workers’ compensation’sin WCES. Registration with the division of workers’ compensation’s WCES is required. Registration is accepted at efile.iowaworkcomp.govwww.iowaworkcomp.gov/efile. After a matter has been commenced and the respondent has been served withan original notice and filed an answer or appearance, subsequent filings or submissions in WCES do not require proof of service to parties of record who are registered with WCES.If a party has been granted a waiver of the mandatory use of WCES, the party shall include a proof of service for all parties of record. Attorneys will need to use the AT pin or pro hac vice pin assigned by the Iowa Supreme Court to be associated with a case in WCES. When an attorney is not representing a party, the employer or insurance carrier or the employer’s or insurance carrier’s agent or claimant shall register in WCES to file the settlement or medical data pursuant to 876—subrule 3.1(2). The filer will receive a status update for the information the filer submits based upon the status the filer selects when registering in WCES. 4.9(1) Respondent—appearance. A respondent shall appear by filing an answer or a motion within 20 days after the service of the original notice and petition upon the respondentin WCES, or if a party has been granted a waiver of the mandatory use of WCES, the respondent shall file an answer or motion within 20 days after service of the original notice and petition upon the respondent with the division of workers’ compensation. A respondent shall file a response by answer or motion by using WCES for all claims in which a petition was filed within WCES unless permission has been granted to be excused from using WCES. 4.9(2) Motions. Motions attacking a pleading must be served before responding to a pleading or, if no responsive pleading is required, upon motion made by a party within 20 days after the service of the pleading on such party. 4.9(3) Pleading. Rescinded IAB 11/23/05, effective 1/1/06. 4.9(4) Time after motions attacking pleadings and special appearances. If a motion attacking a pleading is so disposed of as to require further pleading, such further pleading shall be served within ten days after notice of the action of the workers’ compensation commissioner or deputy workers’ compensation commissioner. If the further pleading requires a response, the response shall be filed within ten days after service of the further pleading. 4.9(5) Amendments to pleadings. A party may amend a pleading as a matter of course at any time before the party’s discovery is closed, or if no order is entered closing the party’s discovery, at any time before the case is assigned for hearing. Otherwise, a party may amend a pleading only by leave of the workers’ compensation commissioner or deputy workers’ compensation commissioner or by written consent of the adverse party. Leave to amend, including leave to amend to conform to proof, shall be freely given when justice so requires. 4.9(6) Form, submission and ruling on motions. All motions, including pre-answer motions and motions for summary judgment, shall have appended to them a concise memorandum brief and argument. All motions and applications except motions for summary judgment shall be deemed submitted without hearing on the record presented on the tenth day following filing. Motions for summary judgment shall be deemed submitted as provided in Iowa Rule of Civil Procedure 1.981. Resistances to motions shall have appended to them a concise memorandum brief and argument and shall be filed on or before the date of submission. Briefs and arguments are waived unless appended to the motion, application or resistance.An order may be entered consolidating any motion for ruling withthe hearing of the contested case. Any party desiring a ruling on a motion prior tothe hearing may concisely set forth the necessity of prior ruling in the motion, application or resistance. If a pre-answer motion alleging lack of jurisdiction is overruled or consolidated with hearing of the contested case, the party shall plead to the merits and proceed to hearing of the contested case without submitting to the jurisdiction of the workers’ compensation commissioner. If a motion attacking a pleading is consolidated with hearing of the contested case, the party shall respond to the pleading in the same manner as if the motion had been overruled. 4.9(7) Consolidation. All petitions involving the same claimant and employer will automatically be consolidated.Any party may file a motion to consolidate common questions of fact and law surrounding an injury or a series of injuries. The motionto consolidate shall be deemed approvedwithout an order if no resistance to the motion is filed with the workers’ compensation commissioner within ten days of the filing of the motion. No order granting the motion will be filed by the workers’ compensation commissioner. As an alternative, the parties may make an oral motion to consolidate common questions of fact or law at the time of the pretrial hearing. A ruling on the motion will be included with the order issued from the pretrial hearing. 4.9(8) Withdrawal of counsel. Counsel may withdraw if another counsel has appeared or if the client’s written consent accompanies the withdrawal.Under all other circumstances, counsel may withdraw only upon the order of the workers’ compensation commissioner after making written application. Counsel shall give the client written notice that the client has the right to object to the withdrawal by filing written objections and a request for a hearing to the Division of Workers’ Compensation, 150 Des Moines Street, Des Moines, Iowa 50309, within ten days following the date the notice was mailed or personally delivered to the client. The client’s response does not need to be filed in WCES but may be mailed or delivered to the division. Counsel’s application shall be accompanied by proof that a copy of the application and notice was sent by certified mail addressed to the client’s last-known address or was delivered to the client personally. If no objections are timely filed, the withdrawal will become effective when approved by the workers’ compensation commissioner. If objections are timely filed, a hearing on the application will be held. No withdrawal under this subrule will be effective without the approval of the workers’ compensation commissioner. The filing of an application to withdraw stays all pending matters until a ruling is made on the application. 4.9(9) Requests for default. Requests or motions for default shall be as provided in Iowa Rules of Civil Procedure 1.971 to 1.977 except that entry of default shall be by order of the workers’ compensation commissioner or a deputy workers’ compensation commissioner. 4.9(10) Pro hac vice. An out-of-state attorney desiring to appear pro hac vice in an Iowa division of workers’ compensation case is required to access the office of professional regulation (OPR)/supreme court commissions (SCC) website, submit certain personal information to complete pertinent fields in the lawyer database, and pay a fee that will be deposited in the client security trust fund. The registration and fee payment allow the attorney to apply to appear pro hac vice in Iowa division of workers’ compensation cases, subject to the limits and requirements of Iowa Court Rule 31.14, for a period of up to five years from the date of registration. Attorneys who register and pay the fee appear in the OPR/SCC database with the status of “pro hac vice.” The Iowa division of workers’ compensation will request from the Iowa courts that a pro hac vice number be issued and will provide that number to the out-of-state attorney for registration with WCES. The affiliated in-state attorney shall file in WCES the application to appear pro hac vice completed by the out-of-state attorney using a pleading that is substantially similar to Iowa Court Rule 31.25—Form 1. This rule is intended to implement the provisions of Iowa Code section 17A.12. ITEM 24. Amend rule 876—4.12(86) as follows:876—4.12(86) Service on parties. Any document or paper not delivered underrules876—4.6(85,86,17A) and 876—4.7(86,17A) which is to be filed, or whichand seeks relief from or action of or against another party, or which makes argument, or which has any significant effect on any contested case, shall be served on each party of record underrule876—4.13(86). This rule is intended to implement Iowa Code sections 17A.12 and 86.18. ITEM 25. Amend rule 876—4.13(86) as follows:876—4.13(86) Method of service. Except as provided inrules876—4.6(85,86,17A) and 876—4.7(86,17A), service of all documents and papers to be served according to 876—4.12(86) and 876—4.18(85,86,17A)this chapter or otherwise upon a party represented by an attorney shall be made upon the attorney unless service upon the party is ordered by the workers’ compensation commissioneror deputy workers’ compensation commissioner. Service upon the attorney or party shall be made using WCES once a party or party’s attorney has registered in WCES for the claim being contested. If a party has been allowed to not file withgranted a waiver of the mandatory use of WCES or if a party or attorney has not appeared in WCES, service upon the attorney or party shall be made by delivery of a copy or mailing a copy to the last-known address of the attorney or party or, if no address is known, by filing a copy with the division of workers’ compensation. Delivery of a copy within this rule means: Handinghanding it to the attorney or party; leaving it at the office of the attorney or party’s office or with the person in charge of the office; or if there is no one in charge of the office, leaving it in a conspicuous place in the office; or if the office is closed or the person to be served has no office, leaving it at the person’s dwelling house, or usual place of abode with some person of suitable age and discretion who is residing at the dwelling or abode. Service by mail under this rule is complete upon mailing. Documents that are served on a party for discovery and medical evidence underrules876—4.14(86) and 876—4.18(17A,85,86) areshall not to be filed with the division of workers’ compensation. No documents or papers referred to in this rule shall be served by the workers’ compensation commissioner. This rule is intended to implement Iowa Code sections 17A.12 and 86.18. ITEM 26. Amend rule 876—4.14(86) as follows:876—4.14(86) Filing of documents and papers. All documents and papers required to be served on a party under rule 876—4.12(86) shall be filed with the workers’ compensation commissioner either before service or within a reasonable time thereafter. However, unless otherwise ordered by the workers’ compensation commissioner or deputy workers’ compensation commissioner, noNo deposition, notice of deposition, notice of service of interrogatories, interrogatories, request for production of documents, request for admissionrequests for discovery, notice of responses to requests for discovery,and notice of medical records and reports required to be served byrule876—4.17(86), and answers and responses thereto shall be filed with or accepted for filing by the workers’ compensation commissionerin WCES unlessordered by the workers’ compensation commissioner or a deputy workers’ compensation commissioner, or its use becomes otherwise necessary in the action, in which case it shall be attached to therelevant motion or response tothe motion requiring its use, or unless offered as evidence at hearing of the contested case. This rule is intended to implement Iowa Code section 86.18. ITEM 27. Amend rule 876—4.15(86) as follows:876—4.15(86) Proof of service. Proof of service of all documents and papers to be served on another party underrule876—4.12(86) shall be filed with the division of workers’ compensation promptly and, in any event, before action is to be taken thereon by the workers’ compensation commissioneror a deputy workers’ compensation commissioner or any party unless a responsive pleading has been filed. Proof shall be made by filing the document in WCES when another party is registered in WCES for that claim. If a party or a party’s attorney or representative is not in WCES for the claim being contested, the proof shall show the date and manner of service and may be by written acknowledgment of service, by certification of a member of the bar of this state, by affidavit of the person who served the papers, or by any other proof satisfactory to the workers’ compensation commissioner. This rule is intended to implement Iowa Code section 86.18. ITEM 28. Rescind and reserve rule 876—4.16(86). ITEM 29. Amend rule 876—4.17(17A,85,86) as follows:876—4.17(17A,85,86) Service of records and reports. Each party to a contested case shall serve all records received pursuant to a patient’s waiver (Form 14-0043—authorization for release of information regarding claimants seeking workers’ compensation benefits) and medical records and reports concerning the injured worker in the possession of the party upon each opposing party not later than 20 days following filing of an answer or, if not then in possession of a party, within 10 days of receipt. Medical records and reports are records of medical practitioners and institutions concerning the injured worker. Medical practitioners and institutions are medical doctors, osteopaths,include physicians, physician assistants, surgeons, osteopathic physicians and surgeons, chiropractors, dentists, nurses, podiatrists, psychiatrists, psychologists, counselors, hospitals, clinics, persons engaged in physical or vocational rehabilitation or evaluation for rehabilitation, all other practitioners of the healing arts or sciences, and all other institutions in which the healing arts or sciences are practiced. Each party shall serve a notice accompanying the records and reports identifying the records and reports served by the name of the practitioner or institution or other source and date of the records and reports and, if served later than 20 days following filing of the answer, stating the date when the records and reports were received by the party serving them. Pursuant torule876—4.14(86), the notice and records and reports shall not be filed with the workers’ compensation commissioner. A party failing to comply with the provisions of this rule shall, if the failure is prejudicial to an opposing party, be subject to the provisions ofrule876—4.36(86). This rule does not require a party to serve any record or report that was previously served by another party in a contested case proceeding.For hearings on or after July 1, 2004, complianceCompliance with this rule does notautomatically permit a record or report to be received into evidence if the record or report was not served prior to an applicable deadline established by rule or order for completing discovery or service of exhibits. This rule is intended to implement Iowa Code sections 86.8 and 86.18. ITEM 30. Amend rule 876—4.19(86) as follows:876—4.19(86) Prehearing procedure. 4.19(1) Prehearing procedure in contested cases shall be administered in accordance with these rules and the orders issued by the workers’ compensation commissioner or a deputy workers’ compensation commissioner. 4.19(2) Counsel of record and pro se litigantsThe parties have a duty to exercise reasonable diligence to bring the contested case to hearing at the earliest reasonable opportunity. 4.19(3) For contested cases that were filed on or after July 1, 2004, theThe following time limits govern prehearing procedure, completion of discovery and case management in contested cases, except proceedings under rules 876—4.46(17A,85,86) and 876—4.48(17A,85,86) and except when otherwise ordered by the workers’ compensation commissioner or a deputy workers’ compensation commissioner. a. Within 120 days following filing of a petition, the counsel of record for all parties and all pro se litigantsself-represented parties shall request a hearing by using WCES when this function is available to the public in WCES. In a case for which permission has been granted to be excused from using WCESa request for waiver of the mandatory use of WCES has been granted, counsel of record for all parties and all pro se litigantsself-represented parties shall jointly contact the hearing administrator by telephone at (515)725-3891 between the hours of 8:30 a.m. and 11 a.m. central time, Monday through Friday, excluding holidays, or by email at dwc.hearing@iwd.state.ia.us to schedule a hearing date, place and time. Claimant has primary responsibility for initiating the contact. The parties shall identify the case by file number and the names of the parties and request that the hearing be set at a specific date, place and time that is shown to be available on the hearing scheduler published on the division’s website. Primary and backup times must be requested for hearings in venues other than Des Moines. When the contact is made by email, a copy of the request shall be sent to each opposing party, and the hearing administrator will reply indicating whether or not the case is assigned at the time requested. If a request is denied, the parties shall continue to contact the hearing administrator by telephone or email until the case is scheduled or a prehearing conference is ordered. A joint scheduling contact may be initiated by any party at any other time agreeable to the parties. If more than 120 days have elapsed since the petition was filed, any party may move to schedule the hearing at a particular date, time and place that is available and the hearing administrator may assign the case for hearing at any date, time and place. The hearing date shall be within 12 months following the date the petition was filed or as soon thereafter as reasonably practicable as determined by the hearing administrator. If the parties fail to schedule the hearing with the hearing administratorwithin nine months of the filing of the original notice and petition, the case will be scheduled at the discretion of the hearing administrator without prior notice to the parties. b. A party who intends to introduce evidence from an expert witness, including a rebuttal expert witness, shall certify to all other parties the expert’s name, subject matter of expertise, qualifications, and a summary of the expert’s opinions within the following time period: (1) claimant—120 days before hearing; (2) employer/second injury fund of Iowa—90 days before hearing; (3) rebuttal—60 days before hearing. Certification is not required to introduce evidence from an examining physician pursuant to Iowa Code section 85.39, a treating physician, or a vocational consultant if the expert witness is known by all parties to have personally provided services to the claimant and the witness’s reports are served on opposing parties prior to the date when certification is required. The parties may alter these times by written agreement. c. Discovery responses must be supplemented as required in Iowa Rules of Civil Procedure 1.503(4) and 1.508(3). Discovery responses shall be supplemented within 20 days after a party requests supplementation. All discovery responses, depositions, and reports from independent medical examinations shall be completed and served on opposing counsel and pro se litigantsself-represented parties at least 30 days before hearing. The parties may alter these times by written agreement. d. At least 30 days before hearing, counsel of record and pro se litigantsself-represented parties shall serve a witness and an exhibit list on all opposing counsel and pro se litigantsself-represented parties and exchange all intended exhibits that were not previously required to be served. The witness list shall name all persons, except the claimant, who will be called to testify at the hearing or who will be deposed prior to the hearing in lieu of testifying at the hearing. The witness and exhibit lists are not filed in WCES. If the exhibit list does not contain actual exhibits, the exhibit list must specifically identify each exhibit in a way that permits the opposing party to recognize the exhibit. The description for a document should include the document’s date, number of pages and author or source. Exhibits that were specifically identified when served pursuant to rule 876—4.17(17A,85,86) or in a discovery response may be collectively identified by describing the service such as “exhibits described in the notices served pursuant to rule 876—4.17(17A,85,86) on May 7, June 11 and July 9, 2004.” Blanket references such as “all medical records,” “personnel file” or “records produced during discovery” do not specifically identify an exhibit. A party may serve a copy of the actual intended exhibits in lieu of an exhibit list. At least 14 days before hearing, counsel of record and pro se litigantsself-represented parties shall fileall proposed exhibits in WCES, or, if the counsel of record and pro se litigants are excused from using WCES,if a party has been granted a waiver of the mandatory use of WCES, the party shall file the proposed exhibits with the division of workers’ compensation. CounselAt least seven days before the hearing, counsel of record and pro se litigantsself-represented parties shall file all written objections and motions to exclude evidence at least seven days before the hearingwith the division of workers’ compensation and serve a copy on all other parties. Objections to exhibits are waived if they are not filed at least seven days before the hearing. Evidentiary depositions pursuant to Iowa Code section 86.18(2) may be taken at any time before the hearing in lieu of the witness testifying at the hearing. e. If evidence is offered at hearing that was not disclosed in the time and manner required by these rules,or as altered by order of the workers’ compensation commissioner or a deputy workers’ compensation commissioner or by a written agreement by the parties, the evidence will be excluded if the objecting party shows that receipt of the evidence would be unfairly prejudicial. Sanctions may be imposed pursuant torule876—4.36(86) in addition to or in lieu of exclusion if exclusion is not an effective remedy for the prejudice. If a party offers an exhibit or document in paper form which is accepted by the workers’ compensation commissioner or a deputy workers’ compensation commissioner, the party shall have five working days to submit an electronic copy of the document by using WCES. f. At least 14 days before the hearing, counsel of record and pro se litigantsself-represented parties shall prepare and file a joint hearing report that defines the claims, defenses, and issues that are to be submitted to the deputyworkers’ compensation commissioner who presides at the hearing. The hearing report shall be filed in Microsoft Word formatportable document format (pdf) or as an image-on-text document (searchable pdf) as a proposed hearing report. After the hearing report is finalized at the hearing, the deputy commissioner or a party shall save and file the completed hearing report as a pdf or scanned document in WCES. The hearing report shall be signed by all counsel of record and pro se litigants and submitted to the deputyself-represented parties. The approved hearing report order shall be signed by the deputy workers’ compensation commissioner and filed in WCES. g. If a filerparty is unable to meet a nonjurisdictional filing deadline because of a technical failure in WCES, the filerparty must file the document using the earliest available electronic or nonelectronic means. The filing of the document will be accepted by the division of workers’ compensation as timely unless theworkers’ compensation commissioner ora deputyworkers’ compensation commissioner determines that the untimely filing of the document should not be excusedotherwise. h. Jurisdictional deadlines, including but not limited to any applicable statute of limitations, cannot be extended. It is the filer’seach party’s responsibility to ensure that a document is filed timely to comply with jurisdictional deadlines. A technical failure, including a failure of WCES, will not excuse a failure to comply with a jurisdictional deadline. i. A filerparty is not excused from missing a jurisdictional or nonjurisdictional filing deadline because of problems attributable to the filer (such as telephone line problems, problems with the filer’s Internet service provider, hardware problems, software problems, etc.)party. This rule is intended to implement Iowa Code chapter 86. ITEM 31. Amend rule 876—4.20(86) as follows:876—4.20(86) Prehearing conference. A deputyworkers’ compensation commissioner or the workers’ compensation commissioner may order parties in the case to either appear before theworkers’ compensation commissioner or a deputyworkers’ compensation commissioner for a conference, or communicate with the commissioner or the commissioner’s designeea deputy commissioner and with each other in any manner as may be prescribed to consider, so far as applicable to the particular case:- The necessity or desirability of amending pleadings by formal amendment or prehearing order;
- Agreeing to admissions of facts, documents or records not really controverted, to avoid unnecessary proof;
- Limiting the number of witnesses;
- Settling any facts of which theworkers’ compensation commissioner ora deputyworkers’ compensation commissioner is to be asked to take official notice;
- Stating and simplifying the factual and legal issues to be determined;
- Specifying the items and amounts of compensation claimed;
- Specifying all proposed exhibits and proof thereof;
- Consolidation, separation for hearing, and determination of points of lawof cases and bifurcation of issues;
- Specifying all witnesses expected to testify;
- Possibility of settlement;
- Filing of advance briefs, if any;
- Setting or altering dates for completion of discovery or completion of medical evidence by each party;
- Any other matter which may facilitate, expedite, or simplify any contested case.
- The cost of public transportation if tendered by the employer or insurance carrier.
- All mileage incident to the use of a private auto. The per-mile rate for use of a private auto from August 1, 2005, through June 30, 2006, shall be 40.5 cents. For annual periods beginning July 1, 2006, and thereafter, theThe per-mile rate shall be the rate allowed by the Internal Revenue Service for the business standard mileage rate in effect on July 1 of each year.
- Meals and lodging if reasonably incident to the examination.
- Taxi fares or other forms of local transportation if incident to the use of public transportation.
- Ambulance service or other special means of transportation if deemed necessary by competent medical evidence or by agreement of the parties.