The Agriculture and Land Stewardship Department hereby proposes to amend Chapter 52, “Marketing,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 159.27.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 159.28 and 2022 Iowa Acts, House File 2560.Purpose and Summary    This proposed rule making makes a number of changes to the Choose Iowa Promotional Program and Value-Added Agriculture Grant Program rules.    Updates to the promotional program include:

    The Corrections Department hereby proposes to amend Chapter 37, “Iowa State Industries,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 904.804.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 904.815.Purpose and Summary    This proposed rule making removes the language that allows Iowa State Industries to sell products to employees of nonprofit organizations and allows Iowa State Industries to provide limited public sales when the sales to political subdivisions are insufficient to justify continued operation of a shop. This language is inconsistent with statute.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    Pursuant to the provisions of the statute, the Department does not have authority to waive requirements established by statute.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 March 14, 2023. Comments should be directed to:Michael Savala Department of Corrections Jessie Parker Building 510 East 12th Street Des Moines, Iowa 50319 Email: michael.savala@iowa.gov Public Hearing    If requested, a public hearing to hear oral presentations will be held as follows:March 14, 2023 9 to 10 a.m.Via conference call    Persons who wish to participate in the conference call should contact Michael Savala by 8 a.m. on March 14, 2023, to facilitate an orderly hearing. A conference call number will be provided to participants prior to the hearing. The public hearing will be canceled without further notice if no public hearing is requested by March 14, 2023.    Persons who wish to make oral comments at a 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 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 action is proposed:

    The Corrections Department hereby proposes to amend Chapter 45, “Parole,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 904.108.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 906.3.Purpose and Summary    This proposed amendment eliminates a rule that is inconsistent with, and is more efficiently handled by, the Board of Parole. The proposed amendments to Chapter 45 remove a rule pertaining to conditions of parole and remove cross-references to the rule.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    This rule making is not subject to waiver, since the subject matter of rule 201—45.2(906) is handled by the Board.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 March 14, 2023. Comments should be directed to:Michael Savala Department of Corrections Jessie Parker Building 510 East 12th Street Des Moines, Iowa 50319 Email: michael.savala@iowa.govPublic Hearing    If requested, a public hearing to hear oral presentations will be held as follows: March 14, 2023 9 to 10 a.m. Via conference call    Persons who wish to participate in the conference call should contact Michael Savala by 8 a.m. on March 14, 2023, to facilitate an orderly hearing. A conference call number will be provided to participants prior to the hearing. The public hearing will be canceled without further notice if no public hearing is requested by March 14, 2023.    Persons who wish to make oral comments at a 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 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:

    The Director of the Workforce Development Department (Department) hereby proposes to amend Chapter 7, “Iowa Jobs Training Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 96.11.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapters 7, 260F and 261.Purpose and Summary    The Economic Development Authority has entered into an agreement under Iowa Code chapter 28E with the Department to administer the Iowa Jobs Training Program (260F Program). These proposed amendments clarify opportunities for small businesses and cross-entity businesses to take advantage of 260F Program funding opportunities.    Community colleges have consistently voiced concerns on behalf of small businesses that 260F Program training is unavailable for small business leadership because small business executives often run or have day-to-day tasks that involve employee functions. When these small business executives are excluded from 260F Program training, the business loses an essential opportunity for improvement.     Community colleges have also pointed out that many businesses have multiple divisions (such as a retail business also having a manufacturing arm), which similarly precludes these cross-entity businesses from benefitting from 260F Program funding opportunities.     The proposed amendment aims to reduce barriers to receiving 260F Program funding.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 March 14, 2023. Comments should be directed to: Ryan West Economic Development Authority 1000 East Grand Avenue Des Moines, Iowa 50319-0209 Email: ryan.west@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:

    The Inspections and Appeals Department hereby proposes to amend Chapter 50, “Health Care Facilities Administration,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 10A.104 and 135C.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 10A.104, 17A.7(2) and 135C.2.Purpose and Summary    The Department completed a comprehensive review of Chapter 50 in accordance with the requirement in Iowa Code section 17A.7(2). This proposed rule making updates citations and removes outdated, unnecessary, and redundant content. It also updates rules related to background checks in accordance with Iowa Code chapter 135Q.     The Department does not believe that the proposed amendments pose a financial hardship on any regulated entity or individual. Rather, the proposed amendments eliminate redundant language from the Iowa Administrative Code.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 March 14, 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:

    The Inspections and Appeals Department hereby proposes to amend Chapter 58, “Nursing Facilities,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 10A.104 and 135C.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 10A.104, 17A.7(2) and 135C.2 and 2022 Iowa Acts, House File 803.Purpose and Summary    The Department completed a comprehensive review of Chapter 58 in accordance with the requirement in Iowa Code section 17A.7(2). This proposed rule making removes outdated, unnecessary, and redundant content by streamlining language, referencing pertinent state and federal law, and conforming rules with current and long-standing practices. The proposed amendments also update rules in accordance with changes included in 2022 Iowa Acts, House File 803, providing the same power, privilege, right, or duty to a physician assistant licensed under Iowa Code chapter 148C as to a physician, as is consistent with the scope of practice of the physician assistant as specified therein.     The Department does not believe that the proposed amendments pose a financial hardship to any regulated entity or individual. Rather, the proposed amendments eliminate unnecessary language from the Iowa Administrative Code.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 March 14, 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:

    The Inspections and Appeals Department hereby proposes to rescind Chapter 60, “Minimum Physical Standards for Residential Care Facilities,” Iowa Administrative Code, and to adopt a new Chapter 60 with the same title.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 10A.104 and 135C.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 10A.104, 17A.7 and 135C.2.Purpose and Summary    The Department completed a comprehensive review of Chapter 60 in accordance with the requirement in Iowa Code section 17A.7(2). This proposed rule making rescinds and adopts a new Chapter 60, which incorporates by reference generally accepted design and construction standards for the construction and renovation of health care facilities.     The Department requested the assistance of the Building Code Bureau of the State Fire Marshal’s office to review the rules pertaining to minimum physical standards for residential care facilities.  During the review process, the Building Code Bureau compared the provisions of existing Chapter 60 against other applicable building codes and standards and determined that many of the provisions of the current chapter were outdated, unenforceable, or irrelevant. The new Chapter 60 aligns more closely with the requirements for other health care facilities licensed pursuant to Iowa Code chapter 135C and incorporates the following pertinent standards:

    The Inspections and Appeals Department hereby proposes to amend Chapter 66, “Boarding Homes,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 10A.104 and 135O.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 10A.104, 17A.7(2) and 135O.2.Purpose and Summary    The Department completed a comprehensive review of Chapter 66 in accordance with the requirement in Iowa Code section 17A.7(2). This proposed rule making clarifies current practices, updates citations, and removes unnecessary text.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 March 14, 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:

    The Board of Pharmacy hereby proposes to amend Chapter 10, “Controlled Substances,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 124.301.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 124.302.Purpose and Summary    This proposed rule making would authorize the Board, on a case-by-case basis, to issue a Controlled Substances Act registration to a business location when it would be impractical to require each individual practitioner who administers or dispenses controlled substances to separately register at the business location. Examples of such business locations include, but is not limited to, ambulatory surgical centers, dialysis centers, federally qualified health centers, and standalone clinics associated with a hospital system.Fiscal Impact    This rule making has minimal fiscal impact to the State of Iowa. The number of business locations that would obtain a registration, at $90 for a two-year registration, is unknown but expected to be fewer than ten per year.Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition 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 March 14, 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 action is proposed:

    The Public Employment Relations Board (PERB) hereby proposes to amend Chapter 2, “General Practice and Hearing Procedures,” Chapter 3, “Prohibited Practice Proceedings,” Chapter 6, “Negotiations and Negotiability Disputes,” Chapter 7, “Impasse Procedures,” Chapter 8, “Internal Conduct of Employee Organizations,” Chapter 12, “Public Records and Fair Information Practices (Uniform Rules),” Chapter 13, “Mediators,” Chapter 14, “Arbitrators”; rescind Chapter 15, “Retention and Recertification Elections,” and adopt a new Chapter 15 with the same title; and amend Chapter 16, “Electronic Document Management System,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 20.6.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 20.Purpose and Summary    This Notice of Intended Action proposes to amend rules relating to general procedures of the agency, impasse procedures, bargaining unit determination and representative certifications, retention and recertification elections, elections fees, filing of electronic documents including certified employee organization annual reports, collective bargaining agreements, mediators, and arbitrators. The agency proposes the following amendments after feedback, internal review, and implementation of new data management systems.    Item 1 strikes a cross-reference to a subrule that is proposed to be rescinded in ARC 6913C, IAB 2/22/23.    Item 2 removes the requirement that the Governor be included in service of notices since the Department of Administrative Services is already included in services. Serving the Office of the Governor is redundant. Item 2 also requires PERB to serve the Executive Director of the Board of Regents if the Board of Regents is a party to a filing. Due to its size, scope, and structure, the Board of Regents requested to be added to service of notices.    Item 3 gives the agency the ability to utilize a court reporter and pass fees on to the nonprevailing party. This practice has already been a requirement for certain types of cases under PERB’s jurisdiction, and this amendment gives PERB and its practitioners the option to use it for all cases. This amendment also creates uniformity in PERB’s procedures.    Item 4 adds a requirement that parties requesting a preliminary ruling for a negotiability dispute provide a concise explanation of the request and also includes clarification that the issue may be delegated by PERB to an administrative law judge. This provides flexibility and efficiencies while preserving the appeal rights of the requestors.    Item 5 restructures rule 621—6.6(20) and adds a subrule enforcing employer upload of a contract in accordance with Iowa Code section 20.29(2). This amendment requires employers to signify a unit as public safety or transit unit upon upload. The employee representative and the agency will be notified upon designation of public safety or transit status. If both parties agree, the agency will take official notice. Transit units are not subject to retention and recertification elections.    Item 6 changes the method of request for mediations services from email to secure upload PERB (suPERB) and requires requesting parties to indicate whether the parties intend to utilize mediation services or are using the impasse request as a means to notify the agency that contract negations have commenced. Some employee organizations prefer to notify the agency that contract negotiations have commenced as is required in private sector collective bargaining governed by National Labor Relations Board (NLRB). This rule gives such employee organizations representing both private and public employees the option to maintain consistent internal compliance processes and notifies the assigned mediator that, while assigned, the mediator is not likely to be utilized.    Item 7 moves the filing of arbitration requests from email to suPERB.    Items 8 and 9 clarify that the filings relating to objections shall be filed in the electronic document management system (EDMS). These are cases that are likely to require legal attention and therefore should be entered into the agency’s EDMS, which is intended for legal case and document management.    Items 10 through 14 move the filing of employee organization registration reports, constitutions, bylaws, amendments to said documents, and annual reports to suPERB.    Item 15 clarifies that, while other internal documents for employee organizations will be filed in suPERB, documents relating to trusteeships will be filed in EDMS.    Items 16 and 17 clarify storage of PERB documents and move the agency away from paper files.    Item 18 eliminates the PERB training requirement for mediators. The requirements imposed on mediator applicants for PERB approval are sufficient. Further, no one has sought training in recent years, PERB has not utilized ad hoc mediators in several years, requests for impasse services have decreased 62 percent, mediated settlements have decreased 61 percent, and, of the mediations currently being requested, roughly 70 percent are from unions who are simply putting the agency on notice. The Federal Mediation and Conciliation Service (FMCS) provides mediation services for free.     Item 19 updates a cross-reference to reflect the change made in Item 18.    Item 20 eliminates the PERB training requirement for arbitrators. The requirements imposed on arbitrator applicants for PERB approval are sufficient. No one has sought training in recent years, and the requests for arbitrator services have reduced 80 percent since 2016.    Item 21 updates a cross-reference to reflect the change made in Item 20.    Items 22 and 23 reduce the fee for arbitrators listed on PERB’s roster and streamline the process to maintain inclusion on the list. Chapter 14 retains a quality control component. It is unnecessary and burdensome to force an arbitrator who has previously been approved and presented no quality control issues to reapply to PERB for inclusion on the roster. The fee and fee schedule changes make inclusion on the roster for previously approved arbitrators more efficient and make PERB monitoring of the list simpler.    Item 24 updates a cross-reference to reflect the change made in Item 20.    Item 25 rescinds and replaces Chapter 15. New language fixes dates for retention and recertification elections and attempts to provide clarity to all parties pertaining to which bargaining units will be subject to retention and recertification elections with the maximum amount of notice. With a consistent and streamlined contract upload process through suPERB, parties will know with certainty which bargaining unit will be required to vote in any given year. Disallowing the practice of extensions and altering of election dates removes a great deal of confusion and makes the chapter significantly easier to administer.     Many employers fail to submit a list as required for retention and recertification elections, resulting in an automatic recertification of a bargaining unit. While the employer and employee representative may very well agree that a retention and recertification election is unnecessary at best, it remains current Iowa law. In order to efficiently administer retention and recertification elections, PERB believes it is necessary to provide clarity. Further, the clarifications provided in the new Chapter 15, along with the completion and use of suPERB for filing, gives the employers and employee organizations significantly more time to work on voter lists through suPERB in advance of the dissemination of the Notice of Intent to Conduct an Election on August 1.    Fees will no longer be fixed based on advance forecasted voter turnout. Voter turnout for elections where the bargaining units are State of Iowa employees have dropped to half of their potential turnout. The drop can be attributed to missing contracts, failure to upload contracts, extensions, and failure to turn in voter lists. With clarification and better technology, PERB can now determine the election fee earlier and, with this ability, PERB can now codify a fee structure that will hold the per voter fee paid by the employee organization to the lowest possible assessment. While some employee organizations whose units consistently extended or failed to turn in lists may now be required to pay more, other employee organizations with large units that do not escape biannual elections will likely see a decrease in the aggregate amount they are assessed.    The requirement of employers to participate in the dissemination of notices has been removed. There is no empirical evidence that suggests employer postings or transfer of information impacts the outcome in the election. Retention and recertification elections are, in large part, a question of the relationship between the bargaining unit and employee organization. While it is necessary for employers to provide a list to employee organizations, a requirement that the employer has regardless of an election, the employers do not need to have a role in the election outside of the determination of the list. Employer posting of notices creates confusion and friction and potential liability between employee organizations and employers. In return, the placement of the notices has a negligible impact on the elections, at best. The language is permissive, and objections to the elections are still available.     Employees in bargaining units with transit employees receiving federal funding are not subject to retention and recertification election. This change allows PERB to designate and remove transit units from recertification elections.    Item 25 strikes language referring to Chapter 8. All documents relating to internal conduct other than documents pertaining to the establishment of trusteeships will be filed in suPERB. Documents related to trusteeships will be filed in EDMS.    Items 26 and 27 define “EDMS” and “suPERB” and provide general guidelines for usage.    Item 28 clarifies that Chapter 16 applies to EDMS.    Item 29 rescinds the requirement for the placement of a publicly accessible terminal at the agency’s office. There is no demonstrated usage or demand by the public; PERB staff have the capacity to assist members of the public if necessary.    Item 30 adds instructions and guidelines for the registration and usage of suPERB.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    These rules do not provide for a waiver of their terms but are instead subject to the agency’s general waiver provisions found in rule 621—1.9(17A,20).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 PERB no later than 4:30 p.m. on March 24, 2023. Comments should be directed to: Erik Helland Public Employment Relations Board Jessie Parker Building, Suite 1B 510 East 12th Street Des Moines, Iowa 50319 Phone: 515.281.4414 Email: iaperb@iowa.govPublic Hearing     A public hearing at which persons may present their views orally or in writing will be held as follows: March 20, 2023 10 a.m. to 12 noonVia videoconference     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 agency at iaperb@iowa.gov. The agency will then supply the link to attend the videoconference. 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:

    The Public Employment Relations Board (PERB) hereby proposes to amend Chapter 4, “Bargaining Unit and Bargaining Representative Determination,” and Chapter 5, “Elections,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 20.6.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 20.Purpose and Summary    This Notice of Intended Action proposes to amend rules relating to determination of bargaining units, certified employee representatives, and elections associated with these processes. It is the goal of the agency to work closely with employers and employee representatives to simplify these processes and move those processes to the agency’s secure upload system, commonly referred to as suPERB. The agency is proposing these amendments after feedback, internal review, and implementation of new data management systems. The proposed amendments are described in detail as follows.    Item 1 moves certain filings from email, mail or electronic document management system (EDMS) to suPERB. SuPERB will be configured to allow the filing of petitions electronically. Shifting petitions to suPERB creates greater transparency and faster processing.     Item 2 eliminates the option, and when applicable, requirement, that petitions be combined. Combining a petition appears to be exceptionally confusing to users and creates extra paperwork for users and the agency. Units must be determined prior to determination of certification. Moving this process to suPERB creates an opportunity to simplify the process and provide explanations that do not require legal training. Combining petitions confuses the processes without creating efficiencies for the user or agency.    Items 3 through 5 move the unit determination filing process to suPERB and describe the process.    Items 6 and 7 eliminate the combination of petitions for the same reasons as described for Item 2.     Item 8 moves the filing of petitions for amendment of a unit to suPERB.    Item 9 moves the filing of petitions for amendments of certification to suPERB and clarifies that reports requiring updates are annual reports filed by the employee organization found in 621—Chapter 8. The current language in paragraph 4.8(2)“b” is ambiguous.     Item 10 requires the filing of objections to processes, set forth in rule 621—4.8(20), in EDMS. These cases are likely to result in an adjudicatory hearing and should therefore remain in EDMS.    Item 11 eliminates the requirement that parties file combined petitions in cases where parties are seeking to merge two units previously determined by PERB and represented by the same affiliated certified employee organization.    Item 12 clarifies that reports requiring updates are annual reports filed by the employee organization found in 621—Chapter 8. The current language in paragraph 4.10(2)“b” is ambiguous.     Item 13 gives the agency the option to run a petition for amendment of unit and a petition for certification of employee representative concurrently if it is requested by the parties. For the merger of two units currently being represented by the same certified employee organization, it may be advantageous to run the processes concurrently.    Item 14 moves to suPERB all filings concerning elections, including voter lists, voter challenges, requests for extensions of time to pay applicable fees, and amendment to voter lists. The agency will use suPERB to file notices and orders for all elections activities other than those related to objections to elections. Currently, some documents are filed in EDMS and some in suPERB, depending on what type of election. This is a continuation of the effort to delineate EDMS into a legal case management system for adjudicated cases and suPERB for non-adjudicatory processes. This is intended to provide simplicity and accountability.     Item 15 eliminates the notice of nonpayment for employee organizations responsible for an election fee. The same result is accomplished by not paying the fee. The filing only creates work for the user and agency.    Item 16 restructures subrule 5.1(2) as a result of the change in Item 15.     Item 17 requires the submission of voter eligibility lists through suPERB and eliminates the requirement or ability to submit lists by email. SuPERB is a significantly safer and more efficient means of collecting voter information. Item 16 also eliminates unnecessary language stating the agency will provide the employee organization the voter lists and employee’s contact information. This is a necessary and built-in function of suPERB. Historically, PERB has filed these lists in EDMS; this is no longer necessary and would be confusing. Proposed amendments to the voter eligibility list by employers and employee organizations will be handled officially through suPERB.    Item 18 clarifies that objections to elections are filed in EDMS, as is current practice.    Items 19 and 20 require the submission of voter eligibility lists for professional and nonprofessional elections as well as elections for amendment of units through suPERB and eliminates the requirement or ability to submit these lists by email. SuPERB is a significantly safer and more efficient means of collecting voter information. Items 18 and 19 also eliminate unnecessary language stating the agency will provide the employee organization the voter lists and employees’ contact information. This is a necessary and built-in function of suPERB. Historically, PERB has filed these lists in EDMS; this is no longer necessary and would be confusing. Proposed changes to the voter eligibility list by employers and employee organizations will be handled officially through suPERB.Fiscal Impact    There will be small changes to the existing database and the web interface for suPERB. These have been accounted for in budgeting. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    These rules do not provide for a waiver of their terms but are instead subject to the agency’s general waiver provisions found in rule 621—1.9(17A,20).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 PERB no later than 4:30 p.m. on May 1, 2023. Comments should be directed to: Erik Helland Public Employment Relations Board Jessie Parker Building, Suite 1B 510 East 12th Street Des Moines, IA 50319 Phone: 515.281.4414 Email: iaperb@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:

    The Revenue Department hereby proposes to amend Chapter 7, “Appeals, Taxpayer Representation, and Other Administrative Procedures,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 421.14, 421.59, 422.20 and 422.72.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 17A and sections 421.10, 421.14, 421.17, 421.60 and 422.28.Purpose and Summary    The proposed amendments accomplish a variety of objectives. The rule regarding applicability and scope is proposed to be amended in Item 1. Definitions are proposed to be amended in Item 2 to eliminate unnecessary duplication of statute. The list of tax types now available on GovConnectIowa is proposed to be updated in Item 3. Other amendments are proposed to add clarity. Changes to the Department’s rules on taxpayer representation are proposed to more clearly describe the Department’s signature requirements, to modify the Department’s procedures related to tax returns of minors, and to add clarity to the rules. Amendments to the Department’s rules on motions to redact identifying details are proposed to correct an error and to clarify hearing procedures related to such motions. Rules 701—7.9(17A) and 701—7.12(17A,421) are proposed to be amended to simplify the procedures related to untimely appeals, appeals filed in the improper format, and appeals with no statutory basis to eliminate the need for taxpayers to file a separate application for reinstatement for untimely appeals and to more closely resemble the processes utilized for late-filed cases in other administrative or judicial settings. Other amendments are proposed to multiple rules to reflect the use of electronic service by the Administrative Hearings Division of the Department of Inspections and Appeals. Finally, amendments are proposed to rule 701—7.19(17A) to ensure matters that a taxpayer seeks to appeal to the district court are first appealed to the Director to exhaust administrative procedures and ensure the Department’s final order reflects the position of the Director rather than that of an administrative law judge.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 March 14, 2023. Comments should be directed to:Alana Stamas Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50319 Phone: 515.350.3932 Email: alana.stamas@iowa.govPublic Hearing    If requested, a public hearing at which persons may present their views orally or in writing will be held as follows:March 24, 2023 10 to 11 a.m.Via video/conference call    Persons who wish to participate in the video/conference call should contact Alana Stamas before 4:30 p.m. on March 22, 2023, to facilitate an orderly hearing. A video link and conference call number will be provided to participants prior to the hearing.    Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.    Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact 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:

    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 422.14, 422.15, 422.16B, 422.36, 422.37 and 422.62.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 422.14, 422.15, 422.16B, 422.36, 422.37 and 422.62.Purpose and Summary    The proposed amendment adds a new method for the Department to provide relief from the requirement that certain taxpayers file Iowa income tax returns electronically. The existing subrule offers relief only when a taxpayer requests it for good cause, and the subrule specifies that inadequate return preparation software would never be considered good cause. The Department has since encountered a scenario in which a legal requirement changed and required an update to forms after the electronic tax forms had been developed for the year. As a result of this change to the forms, no software provider will be able to offer an electronic version of the affected form that reflects the change. The proposed amendment allows the Department to provide blanket relief from the electronic filing requirement to taxpayers who are required to use the affected form, either by providing an exception in the instructions for obtaining relief on the affected form itself or by the issuance of an order by the Director granting such relief.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 March 14, 2023. Comments should be directed to: Benjamin Clough Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306 Phone: 515.587.0662 Email: ben.clough@iowa.gov Public Hearing     If requested, a public hearing at which persons may present their views orally or in writing will be held as follows: March 14, 2023 10 to 11 a.m. Via video/conference call     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 action is proposed:

    The Revenue Department hereby proposes to amend Chapter 215, “Exemptions Primarily Benefiting Manufacturers and Other Persons Engaged in Processing,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed 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 section 423.3 as amended by 2022 Iowa Acts, Senate File 2367.Purpose and Summary    The Department previously adopted rule 701—215.2(423) to implement an exemption found in Iowa Code section 423.3(49) for manufacturers of “marketable food products for human consumption.” Senate File 2367, division VIII, amended that exemption, such that it now applies to manufacturers of “food or food ingredients.” The Department now proposes to amend the rule implementing that exemption so that it conforms to the statutory change. The Department also proposes to add several examples to the rule to illustrate situations where manufacturers may or may not be eligible to claim the exemption for eligible purchases based on the product being manufactured.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa beyond that of the legislation it seeks to implement. The Legislative Services Agency estimated division VIII of Senate File 2367 would result in a $4.2 million reduction to the General Fund, $0.8 million reduction to Securing an Advanced Vision for Education revenue, and $0.8 million reduction to local option sales tax revenues in fiscal year 2023.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 March 14, 2023. Comments should be directed to: Tim Reilly Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306 Phone: 515.782.0535 Email: tim.reilly@iowa.govPublic Hearing     A public hearing at which persons may present their views orally or in writing will be held as follows: March 14, 2023 11 a.m. to 12 noon Hoover State Office Building Des Moines, Iowa     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.     Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact 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 action is proposed:

    The Revenue Department hereby proposes to amend Chapter 220, “Exemptions Primarily of Benefit to Consumers,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed 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 section 423.3 as amended by 2022 Iowa Acts, Senate File 2367.Purpose and Summary    The Iowa Legislature enacted a sales tax exemption for diapers in 2022 Iowa Acts, Senate File 2367, division II, which took effect January 1, 2023. New Iowa Code section 423.3(109) specifically exempts from sales tax “[t]he sales price from the sale of a child or adult diaper, whether cloth or disposable.” Since the statute does not define the word “diaper,” to avoid any confusion about what is exempt as a diaper, the Department proposes this new rule to define “diaper” in accordance with the definition adopted by the Streamlined Sales Tax Governing Board, of which Iowa is a member state.Fiscal Impact     This rule making does not have any fiscal impact beyond the statute it seeks to implement. The Legislative Services Agency’s fiscal analysis for Senate File 2367, division II, estimates a reduction to General Fund revenue in FY 2023 of $4.7 million, which increases to $9.5 million in FY 2024, the first full fiscal year of the new exemption. 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 March 14, 2023. Comments should be directed to: Tim Reilly Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306 Phone: 515.782.0535 Email: tim.reilly@iowa.gov Public Hearing    If requested, a public hearing at which persons may present their views orally or in writing will be held as follows: March 14, 2023 9 to 10 a.m. Room 1 NW Hoover State Office Building Des Moines, Iowa     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.     Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact 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 action is proposed:

    The Revenue Department hereby proposes to renumber Chapter 262, “Administration of Marijuana and Controlled Substances Stamp Tax,” as Chapter 269 and to adopt a new Chapter 262, “Electric Fuel Excise Tax,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 452A.59 as amended by 2019 Iowa Acts, House File 767.State or Federal Law Implemented    This rule making implements, in whole or in part, 2019 Iowa Acts, House File 767.Purpose and Summary    The Department proposes this rule making to implement the excise tax on electric fuel, enacted by the Iowa Legislature in 2019 Iowa Acts, House File 767, that will become effective July 1, 2023. These proposed rules provide guidance as to what entities need to obtain a license to sell or dispense electric fuel either as a user, dealer, or both. The rules make clear that all administration of this excise tax—license registration, return filing, tax payments, and claims for refunds—will be handled electronically through GovConnectIowa.     The Department shared an early draft of these rules with stakeholders and incorporated many suggested changes into this Notice of Intended Action. The Department intends for these rules to take effect on July 1, 2023, in conjunction with the effective date of the excise tax on electric fuel.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa beyond the legislation it is intended to implement. The Legislative Services Agency estimated that the portions of 2019 Iowa Acts, House File 767, implementing the new electric fuel excise tax would raise $160,000 in Road Use Tax Fund revenue for fiscal year 2024 and decrease General Fund revenue by $37,000 due to the exemption from sales and use tax for electricity sold as electric fuel.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 March 14, 2023. Comments should be directed to: Tim Reilly Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306 Phone: 515.782.0535 Email: tim.reilly@iowa.gov Public Hearing     A public hearing at which persons may present their views orally or in writing will be held as follows: March 14, 2023 10 to 11 a.m. Room 1 NW Hoover State Office Building Des Moines, Iowa     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.     Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact 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:

    The Revenue Department hereby proposes to amend Chapter 700, “Fiduciary Income Tax,” 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    This proposed rule making is intended to provide updates and clarifications for the Department’s automatic extension of time for filing fiduciary income tax returns. The current rule includes detailed, outdated information relevant to tax years 1986 through 1991. The automatic filing extension applicable to current tax years is incorporated by reference to the automatic extension for individual income tax. This proposed rule making removes the outdated information and provides the relevant extension language that was previously incorporated by reference.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 March 14, 2023. Comments should be directed to:Kurt Konek Department of Revenue Hoover State Office Building P.O. Box 10457 Des Moines, Iowa 50306 Phone: 515.587.0440 Email: kurt.konek@iowa.govPublic Hearing    If requested, a public hearing at which persons may present their views orally or in writing will be held as follows:March 21, 2023 2 to 3 p.m. Via video/conference call     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 action is proposed:

    The Transportation Department hereby proposes to amend Chapter 640, “Financial Responsibility,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 307.12 and 321A.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 321A and sections 321.269 and 321.493.Purpose and Summary    This proposed rule making aligns Chapter 640 with existing legal authority and Department practice, eliminates outdated or irrelevant requirements, eliminates or replaces redundant and confusing language and accommodates current office structure and terminology. This rule making also reduces the regulatory burden on vehicle owners and operators by creating additional options and increased flexibility to demonstrate lawful compliance to avoid or lift license and registration suspension following an accident or a judgment.    Throughout the chapter, the name “Driver and Identification Services Bureau” is proposed to be changed to “Motor Vehicle Division” to reflect the structure of the work units responsible for processing submissions and information under the chapter. Additionally, the term “suspension termination notice” is proposed to be replaced with “notice terminating the suspension” and the associated form number is proposed to be eliminated to align with current Department practice, the terms “proof” and “proof of financial responsibility for the future” are proposed to be replaced with “proof of financial responsibility” to align with the language in Iowa Code chapter 321A, and other minor terminology and form changes are proposed to clarify existing Department terminology and procedures.    A definition of “security” is proposed to be added that utilizes language in Iowa Code section 321A.5. The definition clarifies the portions of the chapter that refer to the term.    The implementation sentence of rule 761—640.3(321A) is proposed to be amended to add a reference to Iowa Code section 321.269, which is the statute that requires the Department to prepare and supply accident report forms.    The proposed amendments to rule 761—640.4(321A), related to license and registration suspension for failure to deposit security following an accident, specify what types of reports qualify as a “report of a motor vehicle accident” under Iowa Code section 321A.5(1), which requires the Department to initiate suspension procedures for an uninsured vehicle owner or operator who is involved in a motor vehicle accident that results in bodily injury, death, or damage exceeding $1,500. This proposed clarification is intended to ensure that suspension procedures are properly initiated pursuant to Iowa Code section 321A.5 if the initially submitted accident report underestimates the personal or property damage to be under $1,500, or if the vehicle owner or operator is misidentified and the correct identity is later ascertained. Under the proposed clarified rule, all of the following are considered a “report of a motor vehicle accident”: a new or amended accident report submitted by a law enforcement officer or a driver, any supplemental accident report submitted by a driver, proof of transfer of ownership of a vehicle involved in the accident that occurred prior to the date of the accident, proof of identity of a driver incorrectly identified in an initial accident report, and proof of loss submitted by an insurance carrier authorized to transact insurance business in Iowa or by an insurance carrier authorized by power of attorney.    The proposed amendments to subparagraph 640.4(4)“b”(2), related to security disposition, clarify that the security can be refunded only after one year has elapsed from the date of the accident in accordance with Iowa Code section 321A.10, and that upon receipt of the applicable form, the Motor Vehicle Division may confirm with the district court that no court action has been initiated or judgment rendered as a result of the accident prior to refunding the security to the depositor, which aligns with current Department practice.    The proposed new introductory paragraph in subrule 640.4(5), related to exceptions to the requirement of security, adds cross-references to Iowa Code sections 321A.6 and 321A.7, which establish certain exceptions from security requirements. Paragraphs 640.4(5)“a” through “h” and proposed new paragraphs 640.4(5)“i” through “k” explain the specific forms and proofs that the Department can accept to prove that the person meets a statutory exception from security requirements. No new exceptions are proposed to be added; rather, the proposed amendments revise the terminology of the exceptions to more closely align with and avoid duplication of the language used in Iowa Code sections 321A.6 and 321A.7 and provide additional details about the requirements for such proof. Specifically, the proposed amendments establish that certain proofs must be signed by the parent or legal guardian of a minor (not the minor), that the Department may in some cases accept alternate forms of proof if the alternate form contains substantially the same information as the Department-prescribed form and add criteria that must be included on certain proofs to be accepted by the Department.    Vehicle owner exceptions, formerly under paragraphs 640.4(6)“a,” “b,” and “c,” are proposed to be moved under new paragraphs 640.4(5)“i,” “j,” and “k” for clarity and consistency. The proposed new paragraphs create flexibility by allowing a vehicle owner to be excepted from security requirements if the vehicle had been sold but Department records do not show that vehicle ownership had been transferred when the accident occurred (because of the buyer’s failure to submit documentation to complete the title transfer), even if the seller is unable to obtain the buyer’s signature on the required form, provided the seller makes a certification under penalty of perjury and provides evidence to support the certification. This accommodates situations where the seller, following the sale of the vehicle and assignment (signing) of the title over to the buyer, makes a good-faith attempt to obtain the signature of the buyer on Form 431125, “Affidavit of Seller,” but the buyer is unresponsive or refuses to sign the affidavit. The proposed amendments also provide that a sworn seller affidavit does not need to include the names of witnesses to the sale if there were no witnesses to the sale, which accommodates situations where the vehicle sale occurred one-on-one between the buyer and seller, and clarify under what conditions an owner may be exempt from security requirements because of ownership transfer by operation of law.    Rule 761—640.5(321A), related to suspensions for certified judgments under Iowa Code section 321A.13, is proposed to be amended to align with the current procedures and forms. The proposed amendments accomplish the following: update terminology to reflect the forms and processes used by clerks of court to report a certified copy of a judgment to the Department, add cross-references to include the Iowa Code sections that enumerate the exceptions from a suspension because of a judgment, eliminate or replace redundant and confusing language, provide that a new court order authorizing payment of a judgment in installments is acceptable to lift a defaulted judgment suspension, and clarify the conditions under which the insurance coverage exception can apply.    The proposed amendments to rule 761—640.6(321A) clarify that a person’s license or operating privilege remains suspended or revoked until the person files proof of financial responsibility with the Department, and that a person’s motor vehicle registrations remain suspended until the person files proof of financial responsibility for all vehicles registered to that person. The amendments to subrule 640.6(1) propose to add a cross-reference to include the Iowa Code section that enumerates triggering suspensions or revocations and propose clarifying language to eliminate confusion surrounding the requirements to maintain proof of financial responsibility within the two-year period.    The proposed amendments to subrule 640.6(3) specify that a person who has filed proof of financial responsibility with the Department and obtained a driver’s license will receive a card that lists the restriction code described in subrule 605.8(1) in accordance with current Department practice.    The proposed amendments to subrule 640.6(4) clarify that a person who has proof of financial responsibility as an operator only (but not as an owner) may operate any nonowned vehicle that has the applicable liability coverage.    Finally, the proposed amendments to subrule 640.6(7) remove the provision that a suspension termination notice may be presented to a county treasurer to obtain a new registration when a person has completed future proof requirements, which aligns with current Department practice and the Iowa Code.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11. Public Comment     Any interested person may submit written comments concerning this proposed rule making or may submit a written request to make an oral presentation at a public hearing. Written comments or requests to present oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on March 14, 2023. Comments should be directed to: Tracy George Department of Transportation DOT Rules Administrator, Government and Community Relations 800 Lincoln Way Ames, Iowa 50010 Email: tracy.george@iowadot.us Public Hearing     If requested, a public hearing to hear oral presentations will be held on March 16, 2023, via conference call at 10 a.m. Persons who wish to participate in the conference call should contact Tracy George before 4:30 p.m. on March 14, 2023, to facilitate an orderly hearing. A conference call number will be provided to participants prior to the hearing.     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.     Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George and advise of specific needs.    The public hearing will be canceled without further notice if no oral presentation is requested. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

    The Utilities Board hereby proposes to amend Chapter 11, “Electric Lines,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code chapter 478 and section 474.5(1).State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 478.Purpose and Summary    The Board opened this proposed rule making to provide clarity on the issue of whether an electric transmission line company is required to seek an amendment to a Board-issued electric transmission line franchise when the company constructs a new substation or switching station along and connected to an existing franchised line. Under the existing rules, the Board concluded an amendment is necessary, and that determination is currently being litigated in two cases in the district court for Polk County. Presently, the district court has issued a stay in those two cases to allow this rule making to progress. The proposed amendments would clarify that an amendment to the existing franchise under these circumstances is not necessary. The proposed amendments would further provide electric transmission line companies greater flexibility in seeking an extension of an existing electric transmission line franchise and in voluntarily withdrawing a petition.    The Board issued an order on February 6, 2023, commencing this rule making. The order is available on the Board’s electronic filing system, efs.iowa.gov, under RMU-2022-0011.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    No waiver provision is included in the proposed amendments because the Board has a general waiver provision in rule 199—1.3(17A,474,476) that provides procedures for requesting a waiver of the rules in Chapter 11.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 March 14, 2023. Comments should be directed to: IT Support Iowa Utilities Board Phone: 515.725.7300 Email: ITSupport@iub.iowa.gov Public Hearing     A public hearing at which persons may present their views orally or in writing will be held as follows: March 28, 2023 10 a.m. to 12 noon Board Hearing Room 1375 East Court Avenue Des Moines, Iowa     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.     Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

    The Corrections Department hereby amends Chapter 45, “Parole,” Chapter 50, “Jail Facilities,” and Chapter 51, “Temporary Holding Facilities,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 147.77 as enacted by 2022 Iowa Acts, House File 803, and section 904.108.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.Purpose and Summary    This rule making implements amendments enacted by 2022 Iowa Acts, House File 803. House File 803 directed the Department to add physician assistants to lists of health care workers who may perform various duties that are within their scope of practice.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 6607C. 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 February 2, 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 201—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 29, 2023.    The following rule-making actions are adopted:

    The Economic Development Authority (IEDA) hereby amends Chapter 56, “Employee Stock Ownership Plan (ESOP) Formation Assistance,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 15.106A.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 15.108 and 2013 Iowa Acts, House File 648.Purpose and Summary    The ESOP Formation Assistance Program was established in 2014. The program offers reimbursement of up to 50 percent of the cost of a feasibility study for establishing an ESOP.    These amendments offer clarification of program policies and streamline the approval process. Changes include the following: