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    Bulletin 08-23-2023

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    ARC 7065CChild Advocacy Board[489]Notice of Intended Action

    Proposing rulemaking related to agency reorganization and providing an opportunity for public comment

        The Child Advocacy Board hereby proposes to amend Chapter 1, �Purpose and Function,� Chapter 2, �Rules and Operation for the State Board,� Chapter 3, �Local Foster Care Review Boards,� and Chapter 4, �Court Appointed Special Advocate Program,� and rescind Chapter 5, �Public Records and Fair Information Practices,� Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 237.18.State or Federal Law Implemented    This rulemaking implements, in whole or in part, 2023 Iowa Acts, Senate File 514.Purpose and Summary    The purpose of this proposed rulemaking is to update language in the Board�s rules to reflect the movement of the Child Advocacy Board to the Department of Health and Human Services pursuant to the state government reorganization legislation passed during the 2023 Legislative Session of the Iowa General Assembly.    This rulemaking updates references to the administrator, who will be an employee of the Department of Health and Human Services as of July 1, 2023; updates references to the �Department of Human Services� to be the �Department of Health and Human Services� and rescinds the Public Records and Fair Information Practices chapter from this agency number to remove duplicative uniform rules. The specific rules describing �personally identifiable information� in rule 489�5.14(22) was previously moved to new rule 441�9.17(22). Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department of Health and Human Services for a waiver of the discretionary provisions, if any, pursuant to 441�Chapter 6.Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on September 12, 2023. Comments should be directed to: Sarah Reisetter Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Phone: 515.242.6392 Email: compliancerules@idph.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 rulemaking 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Amend subrule 1.1(1) as follows:    1.1(1) Location.  The child advocacy board is located in the Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319-0083; telephone (866)448-4608. Office hours are 8 a.m. to 4:30 p.m., Monday through Friday, except on state holidays. The child advocacy board is created within the department of inspections and appealshealth and human services.

        ITEM 2.    Amend subrule 1.1(2), definitions of �Department� and �Person or court responsible for the child,� as follows:        "Department" means the department ofhealth and human services.        "Person or court responsible for the child" means the department, including but not limited to the department ofhealth and human services, agency, or individual who is the guardian of a child by court order issued by the juvenile or district court and has the responsibility of the care of the child, or the court having jurisdiction over the child.

        ITEM 3.    Amend subrule 2.1(1) as follows:    2.1(1) Membership and terms.  The child advocacy board is created within the department of inspections and appealshealth and human services. The state board consists of nine members appointed by the governor, subject to confirmation by the senate and directly responsible to the governor. One member shall be an active court appointed special advocate volunteer, one member shall be an active member of a local citizen foster care review board, and one member shall be a judicial branch employee or judicial officer appointed from nominees submitted by the judicial branch. The appointment is for a term of four years that begins and ends as provided in Iowa Code section 69.19. Vacancies on the state board shall be filled in the same manner as original appointments are made. An employee of the department ofhealth and human services or of the department of inspections and appeals, an employee of a child-placing agency, an employee of an agency with which the department ofhealth and human services contracts for services for children under foster care, a foster parent providing foster care, or an employee of the district court is not eligible to serve on the state board. However, the judicial branch employee or judicial officer appointed from nominees submitted by the judicial branch in accordance with Iowa Code section 237.16(1) shall be eligible to serve on the state board.

        ITEM 4.    Amend subrule 2.2(1) as follows:    2.2(1)   The state boarddirector appoints an administrator for the child advocacy board. The administrator is responsible for the ongoing administration of the state and local boards� activities and of the court appointed special advocate program.

        ITEM 5.    Amend subrule 3.2(2) as follows:    3.2(2)   A person employed by the department ofhealth and human services or the judicial department, an employee of an agency with which the department ofhealth and human services contracts for services for children under foster care, a foster parent providing foster care, or a child-placing agency shall not serve on a local board.

        ITEM 6.    Amend subrule 4.1(1), definition of �Administrator,� as follows:        "Administrator" means the person selected by the child advocacy boarddirector to lead, direct and manage the staff and programs established by the board.

        ITEM 7.    Amend paragraph 4.2(3)"g" as follows:    g.    Not be a person employed by the state board, the department ofhealth and human services, the district court, or an agency with which the department ofhealth and human services contracts for services for children.

        ITEM 8.    Rescind and reserve 489�Chapter 5.    ARC 7066CEconomic Development Authority[261]Notice of Intended Action

    Proposing rulemaking related to the butchery innovation and revitalization program and providing an opportunity for public comment

        The Economic Development Authority (IEDA) hereby proposes to amend Chapter 51, �Butchery Innovation and Revitalization Program,� Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code sections 15.106A and 15E.370.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 15E.370.Purpose and Summary    Pursuant to Executive Order 10, IEDA has been directed to propose this Notice of Intended Action.    IEDA administers the Butchery Innovation and Revitalization Program pursuant to Iowa Code section 15E.370. The program was created in 2021. The program received an appropriation of $1 million for fiscal year 2024.     IEDA proposes the following amendments:

  • Remove portions of the rules that repeat statutory language, including statutory language that was amended by 2023 Iowa Acts, House File 185. The legislation changes an eligibility requirement to allow businesses with up to 75 employees to receive grants through the program.  Previously, businesses with up to 50 employees were eligible.
  • Clarify which project costs are eligible and ineligible for reimbursement with grant funds awarded through the program.
  • Make grant recipients ineligible to receive additional grants from the program during the three fiscal years following approval of the initial grant and require that recipients fully satisfy any prior agreements before applying for additional grants.
  • Replace language that requires the IEDA Board to act on all applications with language that would require the Board to act only to approve funding, consistent with other IEDA programs that require Board approval.
    • Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition IEDA for a waiver of the discretionary provisions, if any, pursuant to 261�Chapter 199. Public Comment     Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by IEDA no later than 4:30 p.m. on September 12, 2023. Comments should be directed to: Lisa Connell Iowa Economic Development Authority 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Phone: 515.348.6163 Email: lisa.connell@iowaeda.com Public Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)�b,� an oral presentation regarding this rulemaking 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Rescind the definitions of �Federally inspected small-scale meat processing business,� �Licensed custom locker,� �Mobile slaughter unit� and �State-inspected small-scale meat processing business� in rule 261�51.2(15E).

        ITEM 2.    Rescind rule 261�51.3(15E) and adopt the following new rule in lieu thereof:

    261�51.3(15E) Eligibility.      51.3(1) Eligible businesses.  To be eligible for a grant under the program, an applicant shall meet all of the eligibility requirements in Iowa Code section 15E.370(4) as amended by 2023 Iowa Acts, House File 185, in addition to all of the following requirements:    a.    The business must be incorporated or organized in Iowa or authorized to do business in Iowa.    b.    The business must be an establishment that holds a current license from the department in accordance with the requirements of Iowa Code chapter 189A or is actively working with the department to obtain a license. Factors the authority may consider in determining whether a business is actively working with the department to obtain a license include, but are not limited to, the number and frequency of contacts the business has had with the department, whether the business has submitted an application for inspection to the department or FSIS, and whether the department or FSIS has conducted a site visit at the business.    c.    The applicant must have an assessment of the applicant�s proposed investment completed by CIRAS prior to submission of an application.    51.3(2) Regulatory enforcement actions.  For the purposes of determining whether a business is ineligible for the program because the business has been subject to any regulatory enforcement action in the last five years pursuant to Iowa Code section 15E.370(4)�b,� regulatory enforcement actions include, but are not limited to, an administrative order, consent order or similar formal order issued by an applicable enforcement agency or an involuntary withdrawal of a state grant of inspection or federal grant of inspection.    51.3(3) Eligible projects.  The applicant must propose an eligible project as described in Iowa Code section 15E.370(3).    a.    For purposes of this subrule, a state-inspected small-scale meat processing business is an establishment that has been issued a state grant of inspection and meets the eligible business criteria in subrule 51.3(1).    b.    For purposes of this subrule, a federally inspected small-scale meat processing business is an establishment that has been issued a federal grant of inspection and meets eligible business criteria in subrule 51.3(1).    c.    For purposes of this subrule, a licensed custom locker is an establishment that slaughters or prepares livestock exclusively for use by the owners of the livestock, members of their household, and their nonpaying guests and employees, that is periodically inspected by the department, and that meets the eligible business criteria in subrule 51.3(1).    d.    For purposes of this subrule, a mobile slaughter unit is a self-contained slaughter establishment that can travel from site to site; that operates in compliance with applicable laws, regulations, and the most current mobile slaughter unit compliance guide issued by FSIS; and that meets the eligible business criteria in subrule 51.3(1).    51.3(4) Eligible and ineligible project costs.      a.    Eligible costs include, but are not limited to, land acquisition, site preparation, building acquisition, building construction, building remodeling, lease payments, machinery and equipment, and computer hardware or software associated with new machinery and equipment.    b.    Ineligible costs include, but are not limited to, ongoing training costs, operational costs, and costs incurred for facilities located outside the state of Iowa. Training costs specific to new investment in machinery and equipment may be considered eligible in the discretion of the authority.    51.3(5) Matching support required.  The applicant shall demonstrate the ability to provide matching financial support for the project on a one-to-one basis in the form of cash. The matching financial support must be obtained from private sources.    51.3(6) Receipt of multiple grants.  An applicant that has previously received a grant from the program shall not be eligible to apply for additional grants from the program during the three state fiscal years following approval of the previous grant. For example, an applicant that was approved for a grant on February 16, 2023 (fiscal year 2023), would be eligible to apply for an additional grant on or after July 1, 2026 (fiscal year 2027). An applicant that has previously received a grant from the program shall not be eligible to apply for additional grants from the program until any prior program agreements have been satisfied.

        ITEM 3.    Amend subrule 51.4(4) as follows:    51.4(4)   A scoring committee will consider, evaluate, and recommend applications for financial assistance under the program. The committee will review applications for financial assistance and score the applications according to the criteria described in subrule 51.5(2). Applications deemed to meet the minimum scoring criteria will be submitted to the board for a final funding decision.

        ITEM 4.    Rescind subrule 51.4(5) and adopt the following new subrule in lieu thereof:    51.4(5)   Applications that are recommended for funding by the committee will be forwarded to the board for final approval.

        ITEM 5.    Amend paragraph 51.5(2)"e" as follows:    e.    The financial need of the applicant: 10 points. Applicants that received a business improvement grant from the department for expenses incurred between March 1, 2020, and December 1, 2020, or a previous grantfinancial assistance from the programauthority will receive fewer points.

        ITEM 6.    Amend 261�Chapter 51, implementation sentence, as follows:       These rules are intended to implement Iowa Code section 15E.370as amended by 2023 Iowa Acts, House File 185.     ARC 7063CHuman Rights Department[421]Notice of Intended Action

    Proposing rulemaking related to agency reorganization and providing an opportunity for public comment

        The Department of Health and Human Services (Department) hereby proposes to amend Chapter 1, �Organization and Operations,� and rescind Chapter 2, �Public Records and Fair Information Practices,� Chapter 3, �Petitions for Rule Making,� Chapter 4, �Agency Procedure for Rule Making,� Chapter 5, �Declaratory Orders,� Chapter 6, �Contested Cases,� and Chapter 7, �Waiver Rules,� Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 217.6 and 2023 Iowa Acts, Senate File 514.State or Federal Law Implemented    This rulemaking implements, in whole or in part, 2023 Iowa Acts, Senate File 514.Purpose and Summary    The purpose of this proposed rulemaking is to update language in legacy agency chapters to reflect the agency changes made in 2023 Iowa Acts, Senate File 514, as part of the state government reorganization. This rulemaking updates language in the Human Rights Department chapters to reflect the changes in the legislation and rescinds a number of rules and chapters that are duplicative of uniform rules of agency procedure previously adopted by the legacy agencies. The Iowa Department of Health and Human Services� uniform rules on agency procedure will be contained under agency ID number [441]. This rulemaking rescinds and reserves chapters to reduce confusion among the public and regulated community regarding uniform rules for the Iowa Department of Health and Human Services.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 441�Chapter 6. Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on September 12, 2023. Comments should be directed to: Sarah Reisetter Health and Human Services Lucas State Office Building 321 East 12th Street Des Moines, Iowa 50319 Email: compliancerules@idph.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 rulemaking 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Rescind and reserve rule 421�1.2(17A,216A).

        ITEM 2.    Rescind and reserve rule 421�1.3(17A,216A).

        ITEM 3.    Amend rule 421�1.4(17A,216A) as follows:

    421�1.4(17A,216A) Mission.  The mission of the departmentdepartment�s mission related to human rightsis to ensure basic rights, freedoms, and opportunities for all by empowering underrepresented Iowans and eliminating economic, social, and cultural barriers. The department helps individuals attain economic independence by ensuring access to government services and advancing educational achievement and entrepreneurial success consistent with their aspirations.

        ITEM 4.    Amend rule 421�1.5(17A,216A) as follows:

    421�1.5(17A,216A) OrganizationContact information.  Contact information.Requests for assistance, information, inquiries, submissions, petitions, and other communicationsrelated to human rightsmay be directed to the department as follows: The office is located at 321 E. 12th Street, Des Moines, Iowa 50319. The main telephone number is (515)242-5655. The fax number is (515)242-6119. Regular office hours are Monday through Friday, 8 a.m.to 4:30 p.m., excluding legal holidays. The department�s website is humanrights.iowa.govhhs.iowa.gov.     1.5(2) Director.  The duties and responsibilities of the director are described in Iowa Code section 216A.2. The director is appointed by the governor, subject to confirmation by the senate. The director serves at the pleasure of the governor. The director is the chief administrative officer of the department and, in that capacity, administers the programs and services of the department in compliance with applicable federal and state laws and regulations. The duties of the director include preparing a budget, managing the internal operations of the department, appointing the deputy director and administrators of the divisions, and employing personnel. The director serves as an ex officio member of all of the commissions or councils within the department, as well as an ex officio, nonvoting member of the human rights board.    1.5(3) Central administration.  The central administration office is responsible for the overall planning, policy, management, communications, finances, and operations of the department.     1.5(4) Divisions.  The department is composed of the following divisions and offices:    a.    Division of community action agencies.A description of the division is contained in 421�Chapter 20.    b.    Division of criminal and juvenile justice planning.A description of the division is contained in 421�Chapter 30.    c.    Division of community advocacy and services.The division of community advocacy and services contains the following offices: the office of Latino affairs, the office on the status of women, the office of persons with disabilities, the office of deaf services, the office on the status of African Americans, the office of Asian and Pacific Islander affairs, and the office of Native American affairs. A description of the division is contained in 421�Chapter 40.

        ITEM 5.    Amend rule 421�1.6(216A) as follows:

    421�1.6(216A) Human rights board.  The authority,and dutiesand composition of the human rights board are specified in Iowa Code section 216A.3. The department shall provide staff support to the board.    1.6(1)   The board shall consist of 16 members, including 11 voting members and 5 nonvoting members and determined as follows:    a.    The voting members shall consist of nine voting members selected by each of the permanent commissions within the department, and two voting members appointed by the governor. For purposes of this subrule, �permanent commissions� means the commission of Latino affairs, commission on the status of women, commission of persons with disabilities, commission on community action agencies, commission of deaf services, justice advisory board, commission on the status of African Americans, commission of Asian and Pacific Islander affairs, and commission of Native American affairs. The term for voting members is four years. The board shall select a chairperson from the voting members of the board.    b.    The nonvoting members shall consist of the department director; two state representatives, one appointed by the speaker of the house of representatives and one by the minority leader of the house of representatives; and two state senators, one appointed by the majority leader of the senate and one by the minority leader of the senate. The regular term of an appointment made by a member of the general assembly shall be two years pursuant to Iowa Code section 69.16B.    1.6(2)   A majority of the voting members of the board shall constitute a quorum, and the affirmative vote of two-thirds of the voting members present is necessary for any substantive action taken by the board.     1.6(3)   The board shall meet not less than four times a year. Meetings shall comply with the open meetings law, Iowa Code chapter 21. Agendas and approved minutes will be posted on the department�s website.     1.6(4)   The board shall have the following duties:    a.    Develop and monitor implementation of a comprehensive strategic plan to remove barriers for underrepresented populations and, in doing so, to increase Iowa�s productivity and inclusivity, including performance measures and benchmarks.    b.    Approve, disapprove, amend, or modify the budget recommended by the director for the operation of the department, subject to the budget requirements pursuant to Iowa Code chapter 8.    c.    Adopt administrative rules pursuant to Iowa Code chapter 17A, upon the recommendation of the director, for the operation of the department.    d.    By November 1 of each year, approve the department report to the general assembly and the governor that covers activities during the preceding fiscal year.

        ITEM 6.    Rescind and reserve 421�Chapter 2.

        ITEM 7.    Rescind and reserve 421�Chapter 3.

        ITEM 8.    Rescind and reserve 421�Chapter 4.

        ITEM 9.    Rescind and reserve 421�Chapter 5.

        ITEM 10.    Rescind and reserve 421�Chapter 6.

        ITEM 11.    Rescind and reserve 421�Chapter 7.    ARC 7062CHuman Services Department[441]Notice of Intended Action

    Proposing rulemaking related to agency reorganization and providing an opportunity for public comment

        The Health and Human Services Department hereby proposes to amend Chapter 1, �Departmental Organization and Procedures,� and Chapter 9, �Public Records and Fair Information Practices,� Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 217.6 and 2023 Iowa Acts, Senate File 514.State or Federal Law Implemented    This rulemaking implements, in whole or in part, 2023 Iowa Acts, Senate File 514.Purpose and Summary    The purpose of this proposed rulemaking is to update language in legacy agency chapters to reflect the agency changes made in 2023 Iowa Acts, Senate File 514, as part of the state government reorganization. This rulemaking updates language in subrule 9.12(1) to reflect changes in the legislation and rescinds rule 441�1.8(17A,217), which is duplicative of uniform rules of agency procedure previously adopted by the legacy agencies. The Iowa Department of Health and Human Services� uniform rules on agency procedure will be contained under agency ID number [441]. Notice ARCs 7063C and 7064C, IAB 8/23/23, also propose to rescind and reserve chapters to reduce confusion among the public and regulated community regarding uniform rules for the Iowa Department of Health and Human Services.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 441�Chapter 6. Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on September 12, 2023. Comments should be directed to: Sarah Reisetter Lucas State Office Building, 6th Floor 321 East 12th Street Des Moines, Iowa 50319 Email: compliancerules@idph.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 rulemaking 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Rescind and reserve rule 441�1.8(17A,217).

        ITEM 2.    Amend subrule 9.12(1), introductory paragraph, as follows:    9.12(1) Nature and extent.  The personally identifiable information collected by the departmentin its administration of human services programs varies by the type of record. The nature and extent of personally identifiable information is described below:    ARC 7064CPublic Health Department[641]Notice of Intended Action

    Proposing rulemaking related to agency reorganization and providing an opportunity for public comment

        The Department of Health and Human Services (Department) hereby proposes to rescind Chapter 170, �Organization of the Department,� Chapter 171, �Petitions for Rule Making,� Chapter 172, �Declaratory Orders,� Chapter 173, �Contested Cases,� Chapter 174, �Agency Procedure for Rule Making,� and Chapter 175, �Fair Information Practices and Public Records,� and amend Chapter 176, �Criteria for Awards or Grants,� Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is proposed under the authority provided in Iowa Code section 217.6 and 2023 Iowa Acts, Senate File 514.State or Federal Law Implemented    This rulemaking implements, in whole or in part, 2023 Iowa Acts, Senate File 514.Purpose and Summary    The purpose of this proposed rulemaking is to update language in legacy agency chapters to reflect the agency changes made in 2023 Iowa Acts, Senate File 514, as part of the state government reorganization. This rulemaking rescinds a number of chapters that are duplicative of uniform rules of agency procedure previously adopted by the legacy agencies. The Iowa Department of Health and Human Services� uniform rules on agency procedure will be contained under agency ID number [441]. This rulemaking rescinds and reserves chapters to reduce confusion among the public and regulated community regarding uniform rules for the Iowa Department of Health and Human Services.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 441�Chapter 6.Public Comment     Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on September 12, 2023. Comments should be directed to: Sarah Reisetter Lucas State Office Building, 6th Floor 321 East 12th Street Des Moines, Iowa 50319 Email: compliancerules@idph.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 rulemaking 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

        ITEM 1.    Rescind and reserve 641�Chapter 170.

        ITEM 2.    Rescind and reserve 641�Chapter 171.

        ITEM 3.    Rescind and reserve 641�Chapter 172.

        ITEM 4.    Rescind and reserve 641�Chapter 173.

        ITEM 5.    Rescind and reserve 641�Chapter 174.

        ITEM 6.    Rescind and reserve 641�Chapter 175.

        ITEM 7.    Rescind and reserve rule 641�176.1(135,17A).

        ITEM 8.    Rescind and reserve rule 641�176.2(135,17A).

        ITEM 9.    Rescind and reserve rule 641�176.3(135,17A).

        ITEM 10.    Rescind and reserve rule 641�176.4(135,17A).

        ITEM 11.    Rescind and reserve rule 641�176.5(135,17A).

        ITEM 12.    Rescind and reserve rule 641�176.8(135,17A).    ARC 7061CEducation Department[281]Adopted and Filed

    Rulemaking related to education savings accounts

        The State Board of Education hereby adopts new Chapter 20, �Students First Act�Education Savings Accounts,� Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is adopted under the authority provided in Iowa Code section 256.7 and 2023 Iowa Acts, House File 68.State or Federal Law Implemented    This rulemaking implements, in whole or in part, 2023 Iowa Acts, House File 68.Purpose and Summary    This rulemaking adopts new Chapter 20 containing the administrative rules for the education savings account (ESA) provisions of the Students First Act. New rule 281�20.1(257) provides definitions for the program. New rule 281�20.2(257) sets eligibility requirements for participation. New rule 281�20.3(257) sets parameters for the application process. New rule 281�20.4(257) provides for administration and accountability for the program.Public Comment and Changes to Rulemaking    Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on May 31, 2023, as ARC 7023C. This rulemaking was also adopted and filed emergency and published in the Iowa Administrative Bulletin as ARC 7024C on the same date.     A public hearing was held on June 20, 2023, at 9 a.m. in the State Board Room, Second Floor, Grimes State Office Building, Des Moines, Iowa, with a videoconference option.    Two people were present, and one presented public comment at the hearing. Three organizations submitted written comments: the Iowa State Education Association, the Urban Education Network, and the Rural School Advocates of Iowa. The written comments were largely supportive of the Department�s implementation of the statute as written. The Department also considered the public discussion at the June 13, 2023, meeting of the Administrative Rules Review Committee, as well as technical drafting assistance from the Administrative Code Editor.      The Department did not make the following changes requested by commenters. One written comment and the comment at the public hearing stated that the income restrictions for the first two school years are not constitutional. The Department is unable to address this matter through rulemaking, since statutes are presumed constitutional.    The Department will not add suggested language that restates statutory requirements. For that reason, the Department did not add language spelling out which assessments students participating in the ESA program are required to take.    The Department did not add suggested language that can be adequately addressed through assurances in the platform maintained by the third-party vendor. This includes requests for rule language on notifications when a student withdraws from a nonpublic school and specific reporting requirements for enrollment data to public school districts.     The Department considered a request to clarify the relationship between online schools and online providers. No rulemaking is necessary; however, the Department restates its position under the emergency rulemaking that online schools and online providers of educational services are not synonymous. Furthermore, other rules provide that no accredited nonpublic school may be fully online without an on-ground presence (e.g. subrule 15.12(6)). It is not necessary to restate that requirement in this chapter.    One commenter asked for clarification on what happens if a student who is eligible for an ESA does not enroll in a nonpublic school. No rulemaking is necessary to provide that clarification. ESA funds are in the State�s possession until the point when the parent/guardian approves an invoice from the nonpublic school for payment of tuition and fees.    Changes from the Adopted and Filed Emergency have been made. First, based on experiences of reviewing applications under the emergency rules, the Department added language in subrule 20.1(1) to allow the Director to consider income decreases after the filing of the previous year�s tax return. Second, based on written comment, the Department added language in paragraph 20.1(6)�d� to clarify that an �accredited provider� must hold a credential relevant to the service being provided. Finally, based on technical drafting assistance from the Administrative Code Editor, the Department added language to paragraph 20.1(6)�e� to clarify what expenses are ineligible.Adoption of Rulemaking    This rulemaking was adopted by the State Board on August 3, 2023.Fiscal Impact     This rulemaking has a fiscal impact to the State of Iowa, as described in the Fiscal Note for 2023 Iowa Acts, House File 68, available at www.legis.iowa.gov/docs/publications/FN/1367577.pdf. Note that the Fiscal Note estimate was completed before the final enactment of supplemental state aid for the 2023-2024 school year. Additionally, fiscal impacts remain contingent on the number of eligible individuals who use an ESA to enroll in an accredited nonpublic school. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking 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.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking will become effective on September 27, 2023, at which time the Adopted and Filed Emergency rulemaking is hereby rescinded.    The following rulemaking action is adopted:

        ITEM 1.    Adopt the following new 281�Chapter 20: CHAPTER 20STUDENTS FIRST ACT�EDUCATION SAVINGS ACCOUNTS

    281�20.1(257) Definitions.      20.1(1)   �Annual income� means the same as �net income� as defined in Iowa Code section 422.7 in effect for the year preceding an application. In calculating annual income, the department shall use information from the last year�s state tax form and need not include income of individuals who have no legal obligation to provide support to the student unless said individual is married to the parent or guardian who is responsible for financially supporting the student. If �annual income� cannot be clearly determined through review of the submitted tax return, the department director has authority to request additional information and determine eligibility. The department director may consider income reductions after the filing of the preceding year�s tax return. This subrule applies only for school years beginning July 1, 2023, and July 1, 2024; it will cease to be applicable by operation of law on July 1, 2025.    20.1(2)   �Department� means the department of education.    20.1(3)   �Full-time� means enrollment at a nonpublic school with a minimum school calendar that meets the requirement of Iowa Code section 279.10 for at least 75 percent of the school�s definition of �full-time.�    20.1(4)   �Household� means the number of people who reside together and who are related by birth, marriage, adoption, legal guardianship, or placement in the home through a state agency. �Household� includes parents, student applicants, and other children who share at least one parent by birth, by adoption, by a parent�s current marriage, or by placement in the home through a state agency. A parent on military duty is considered to be residing in the household. If �household� cannot be clearly determined through review of the submitted tax return, the department director has authority to request additional information and determine eligibility. This subrule applies only for school years beginning July 1, 2023, and July 1, 2024; it will cease to be applicable by operation of law on July 1, 2025.    20.1(5)   �Nonpublic school� means the same as defined in Iowa Code section 285.16.    20.1(6)   �Qualified educational expenses� means the same as defined in Iowa Code section 257.11B(1)�b� as enacted by 2023 Iowa Acts, House File 68, section 7.    a.    For purposes of this subrule, an approvable provider of �educational therapies� is qualified by recognized training and education to provide those educational therapies. To prevent waste, fraud, and abuse, �educational therapies� does not include therapies provided by the student�s family. For purposes of this subrule, �family� includes parents, step-parents, guardians, siblings, half siblings, step-siblings, grandparents, step-grandparents, aunts, uncles, or first cousins.    b.    For purposes of this subrule, approvable �online education programs� means online education programs provided by online education providers approved by the department under 281�Chapter 15.    c.    For purposes of this subrule, an approvable provider of �vocational and life skills education� is any entity approved by the department or any other unit of state government to provide the vocational and life skills education sought.    d.    For purposes of this subrule, an approvable �accredited provider� is any individual or organization holding a credential issued by the Iowa board of educational examiners or any other credential issued by the state of Iowa to provide the service at issue. For purposes of this paragraph, paraprofessionals or assistants are sufficiently trained if they hold a credential issued under Iowa Code section 272.12 or if they have received training and education deemed sufficient by their supervising professional.    e.    For purposes of this subrule, expenses listed in Iowa Code section 257.11B(1)�b� as enacted by 2023 Iowa Acts, House File 68, section 7, as �not included� in the definition of �qualified educational expenses,� are not eligible for payment.    20.1(7)   �Resident� means the same as defined in Iowa Code section 282.1(2).    20.1(8)   �Student� is synonymous with the term �pupil� as that term is used in Iowa Code section 257.11B as enacted by 2023 Iowa Acts, House File 68, section 7.

    281�20.2(257) Eligible students.      20.2(1)   Resident students are eligible as described in Iowa Code section 257.11B(2) as enacted by 2023 Iowa Acts, House File 68, section 7, with annual income determined pursuant to subrule 20.1(1).    20.2(2)   Resident students are deemed to attend a nonpublic school for that school budget year under Iowa Code section 257.11B(2) as enacted by 2023 Iowa Acts, House File 68, section 7, if the student attends a nonpublic school on a full-time basis.    20.2(3)   Resident students are deemed enrolled in a nonpublic school for the school year immediately preceding the school year for which the education savings account (ESA) payment is requested under Iowa Code section 257.11B(2) as enacted by 2023 Iowa Acts, House File 68, section 7, if they enrolled in and attended a nonpublic school at any point in the immediately preceding school year.

    281�20.3(257) Application process.   The parent or guardian of an eligible student may request an ESA payment during the time period specified by Iowa Code section 257.11B(3) as enacted by 2023 Iowa Acts, House File 68, section 7, by applying to the department, in a manner prescribed by the department. Within the time frame provided by Iowa Code section 257.11B(5) as enacted by 2023 Iowa Acts, House File 68, section 7, the department will provide a response to the application.

    281�20.4(257) Administration, accountability, monitoring, and enforcement.      20.4(1)   The department will take reasonable efforts to verify eligibility of parents, students, nonpublic schools, and providers to participate in this chapter, including verifying information with other state agencies.    20.4(2)   The department will make an equal distribution of funds under this chapter to a third-party entity, for distribution to eligible students� accounts, after confirming enrollment at the start of the academic year and enrollment and attendance at the midpoint of the academic year.    20.4(3)   The department�s actions under Iowa Code section 257.11B(5)�e� and �f� as enacted by 2023 Iowa Acts, House File 68, section 7, may be any action consistent with the department�s authority under Iowa Code section 256.1.    20.4(4)   The department must recover all improperly paid ESA funds. The department and its director have flexibility to engage in voluntary collection activities if overpayments were based on a good faith error. For purposes of this chapter, a �false claim� is a statement made in conjunction with this program that is knowingly false or in reckless disregard of the truth.    20.4(5)   A parent or guardian may appeal to the state board of education any administrative decision the department or third-party entity makes pursuant to this chapter, including determinations of eligibility, allowable expenses, and removal from the program. An appeal under this subrule must be signed and in writing. Electronic submissions and signatures are allowed. Any appeals under this subrule are timely if filed within 30 days of the date of the administrative decision and are governed by 281�Chapter 6.       These rules are intended to implement Iowa Code section 257.11B as enacted by 2023 Iowa Acts, House File 68.        [Filed 8/3/23, effective 9/27/23][Published 8/23/23]Editor�s Note: For replacement pages for IAC, see IAC Supplement 8/23/23.    ARC 7058CEnvironmental Protection Commission[567]Adopted and Filed

    Rulemaking related to biofuel compatibility with underground storage tanks

        The Environmental Protection Commission (Commission) hereby amends Chapter 135, �Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks,� Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is adopted 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 rulemaking 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 rulemaking aligns 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 fuels, respectively.Public Comment and Changes to Rulemaking    Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on February 8, 2023, as ARC 6884C. A public hearing was held on February 28, 2023, at 1 p.m. in Conference Room 5 West, Wallace State Office Building, Des Moines, Iowa.    Mr. John Maynes of FUELIowa attended the public hearing. Mr. Maynes�s comments were associated with Items 1, 3, 4, and 5 as they pertain to House File 2128, specifically in regard to the requirement for owners and operators to document compatibility and capability of equipment and in regard to DNR Form 542-1336 (UST System Checklist for Equipment Compatibility) and DNR Form 542-0510, Item 10, page 2 of 9 (Equipment Repair and Replacement Form). Prior to final implementation of the aforementioned forms, and the need for owners and operators to maintain records, Mr. Maynes believed that there are some points of House File 2128 that need further clarification so that owners and operators can complete the forms correctly once the final understanding of the regulation is determined. Mr. Maynes requested that the Department of Natural Resources (Department) consider convening a stakeholder group to evaluate and review the forms and to refine the forms to help owners and installers complete the forms in a proper manner to implement the rules and the intent of the legislation. The Department agreed to review the aforementioned existing forms and present the forms to Mr. Maynes and Iowa licensed installers for comment and consideration. However, this agreement does not require changes to the rules. Therefore, no changes from the Notice have been made based on these comments.    One nonsubstantive grammatical change was made to cross-references in paragraph 135.4(3)�c.�Adoption of Rulemaking    This rulemaking was adopted by the Commission on April 18, 2023.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. A copy of the fiscal impact statement is available from the Department upon request. Jobs Impact    After analysis and review of this rulemaking, 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 rulemaking 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking will become effective on September 27, 2023.    The following rulemaking action is adopted:

        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), 135.4(5)�a�(11), 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.    [Filed 7/30/23, effective 9/27/23][Published 8/23/23]Editor�s Note: For replacement pages for IAC, see IAC Supplement 8/23/23.    ARC 7060CIowa Finance Authority[265]Adopted and Filed

    Rulemaking related to qualified allocation plans

        The Iowa Finance Authority hereby amends Chapter 12, �Low-Income Housing Tax Credits,� Iowa Administrative Code.Legal Authority for Rulemaking    This rulemaking is adopted under the authority provided in Iowa Code section 16.5.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 16.35 and Internal Revenue Code Section 42.Purpose and Summary    The updated 2024 Qualified Allocation Plans (QAPs) set forth the purposes of the plans, administrative information required for participation, threshold criteria, selection criteria, postreservation requirements, the appeal process, and compliance-monitoring components. The plans also establish the fees for filing an application for low-income housing tax credits and for compliance monitoring. Copies of the QAPs are available upon request from the Authority and are available electronically on the Authority�s website at www.iowafinance.com. It is the Authority�s intent to incorporate the updated 2024 QAPs by reference consistent with Iowa Code chapter 17A and 265�subrules 17.4(2) and 17.12(2). Public Comment and Changes to Rulemaking    Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on June 28, 2023, as ARC 7043C.     The Authority did not receive comments on the Notice but did receive comments on the draft QAP. Developers cited an increase in construction and financing costs and requested an increase in the project tax credit cap to allow easier financing for projects with 42 to 48 units. In response, the Authority increased the project tax credit cap to $1.3 million from $1.2 million. Developers also requested the ability to resyndicate their projects after 15 years, which was allowed in previous QAPs and is allowed by the Internal Revenue Service. Energy professionals requested consideration for higher energy efficiency scoring. The Authority agreed to make both changes.     A change from the Notice has been made to update the dates of incorporation to indicate the date that final changes to the QAPs were adopted by the Authority.Adoption of Rulemaking    This rulemaking was adopted by the Authority on August 2, 2023.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, the impact on jobs is expected to be consistent with the impact of previous years� QAPs. The Low-Income Housing Tax Credit Program has had a substantial positive impact on employment in Iowa, creating many jobs annually in the construction, finance, and property management fields, among others. Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 265�Chapter 18.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking will become effective on September 27, 2023.    The following rulemaking action is adopted:

        ITEM 1.    Amend rule 265�12.1(16) as follows:

    265�12.1(16) Qualified allocation plans.      12.1(1) Four percent qualified allocation plan.  The qualified allocation plan titled Iowa Finance Authority Low-Income Housing Tax Credit Program 20232024 4% Qualified Allocation Plan (�4% QAP�) dated December 7, 2022August 2, 2023, shall be the qualified allocation plan for the allocation of 4 percent low-income housing tax credits consistent with IRC Section 42 and the applicable Treasury regulations and Iowa Code section 16.35. The 4% QAP is incorporated by reference pursuant to Iowa Code section 17A.6 and 265�subrules 17.4(2) and 17.12(2). The 4% QAP does not include any amendments or editions created subsequent to December 7, 2022August 2, 2023.    12.1(2) Nine percent qualified allocation plan.  The qualified allocation plan titled Iowa Finance Authority Low-Income Housing Tax Credit Program 20232024 9% Qualified Allocation Plan (�9% QAP�) shall be the qualified allocation plan for the allocation of 9 percent low-income housing tax credits consistent with IRC Section 42 and the applicable Treasury regulations and Iowa Code section 16.35. The 9% QAP is incorporated by reference pursuant to Iowa Code section 17A.6 and 265�subrules 17.4(2) and 17.12(2). The 9% QAP does not include any amendments or editions created subsequent to November 2, 2022August 2, 2023.

        ITEM 2.    Amend rule 265�12.2(16) as follows:

    265�12.2(16) Location of copies of the plans.      12.2(1) 4% QAP.  The 4% QAP can be reviewed and copied in its entirety on the authority�s website at www.iowafinance.com. Copies of the 4% QAP, application, and all related attachments and exhibits shall be deposited with the administrative rules coordinator and at the state law library and shall be available on the authority�s website. The 4% QAP incorporates by reference IRC Section 42 and the regulations in effect as of December 7, 2022August 2, 2023. Additionally, the 4% QAP incorporates by reference Iowa Code section 16.35. These documents are available from the state law library, and information about these statutes, regulations and rules is on the authority�s website.    12.2(2) 9% QAP.  The 9% QAP can be reviewed and copied in its entirety on the authority�s website at www.iowafinance.com. Copies of the 9% QAP, the application, and all related attachments and exhibits shall be deposited with the administrative rules coordinator and at the state law library and shall be available on the authority�s website. The 9% QAP incorporates by reference IRC Section 42 and the regulations in effect as of November 2, 2022August 2, 2023. Additionally, the 9% QAP incorporates by reference Iowa Code section 16.35. These documents are available from the state law library, and information about these statutes, regulations and rules is on the authority�s website.        [Filed 8/2/23, effective 9/27/23][Published 8/23/23]Editor�s Note: For replacement pages for IAC, see IAC Supplement 8/23/23.    ARC 7059CSecretary of State[721]Adopted and Filed

    Rulemaking related to five-year review of rules

        The Secretary of State hereby amends 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 Rulemaking    This rulemaking is adopted under the authority provided in Iowa Code sections 17A.4 and 17A.7.State or Federal Law Implemented    This rulemaking implements, in whole or in part, Iowa Code section 17A.7.Purpose and Summary    The 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 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; and amend renumbered subrule 40.5(9) to improve clarity.    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 Mechanics� 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 subparagraph 45.16(1)�a�(3) into subparagraph 45.16(1)�a�(2) and renumbering subparagraph 45.16(1)�a�(4) accordingly.Public Comment and Changes to Rulemaking    Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on February 8, 2023, as ARC 6886C. No public comments were received.    In the Notice, Item 12 amended the language of the introductory paragraph of rule 721�2.3(9,631) and subrule 2.3(2) to reflect the fact that the Secretary of State no longer approves new payment accounts. In this final rulemaking, those changes were not adopted. This is a popular way for institutional customers to pay. The rest of Item 12 remains unchanged. Item 40 initially added a new subrule 40.5(13); however, it was decided to address that in a future rulemaking. Consequently, that subrule has not been adopted. Item 37 was also amended to update the parenthetical statute for rule 721�40.2(487,490,504A). Adoption of Rulemaking    This rulemaking was adopted by the Secretary of State on August 1, 2023.Fiscal Impact     This rulemaking has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rulemaking, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rulemaking 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 rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking will become effective on September 27, 2023.    The following rulemaking action is adopted:

        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 an 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 is 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) Mechanics� notice and lien registry (MNLR) forms.  
    1. Mechanics� Notice and Lien Registry�used to provide submitter information in conjunction with other MNLR forms.
    2. Cover Page for Commencement of Work Notice�used in compliance with Iowa Code section 572.13A.
    3. Cover Page for Preliminary Notice�used in compliance with Iowa Code section 572.13B.
    4. Cover Page for Mechanics� Lien - Commercial�used in compliance with Iowa Code section 572.8.
    5. Cover Page for Mechanics� Lien - Residential�used in compliance with Iowa Code section 572.8.
    6. Mechanics� Lien�used to comply with Iowa Code section 572.8.
    7. Assignment of Mechanics� Lien�used to transfer a lien.
    8. Cover Page for Bond for Discharge of Lien�used in compliance with Iowa Code section 572.15.
    9. Cover Page for Bond to Prevent Exemplary Damages�used in compliance with Iowa Code section 572.30(2).
    10. Affidavit for Release of Mechanics� Lien Bond�used in compliance with 721�subrule 45.8(3).
    11. Cover Page for Demand for Acknowledgment�used in compliance with Iowa Code section 572.23.
    12. Cover Page for Demand to Commence Action�used in compliance with Iowa Code section 572.28.
    Information regarding forms for the mechanics� notice and lien registry 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 chapter 572.

        ITEM 23.    Rescind and reserve rule 721�4.6(9A,17A).

        ITEM 24.    Amend subrules 30.1(2) to 30.1(5) as follows:    .(2) Definitions.  The following terms shall have the respective meanings provided in this rule. Terms not defined in this rule which are defined in the UCC shall have the respective meanings accorded such terms in the UCC.        "Active" means a UCC record that has not reached the one-year anniversary of its lapse date.        "Amendment" means a UCC document that purports to amend the information contained in a financing statement. Amendments include assignments, continuations and terminations.        "Assignment" means an amendment that purports to reflect an assignment of all or a part of a secured party�s power to authorize an amendment to a financing statement.        "Continuation" means an amendment that purports to continue the effectiveness of a financing statement.        "Correction statement" means a UCC document that purports to indicate that a financing statement is inaccurate or wrongfully filed.        "File number" means the unique identifying informationidentification number assigned to an initial financing statement by the filing officer for the purpose of identifying the financing statement and UCC documents relating to the financing statement in the filing officer�s information management system. The filing number bears no relation to the time of filing and is not an indicator of priority.        "Filing office" and �filing officer� mean the office of the secretary of state. The address of the office is Lucas State Office Building, First Floor, 321 East 12th Street, Des Moines, Iowa 50319.        "Financing statement" means a record or records composed of an initial financing statement and any filed record(s) relating to the initial financing statement.        "Inactive" means a UCC record that has reached the first anniversary of its lapse date.        "Individual" means a human being, or a decedent in the case of a debtor that is such decedent�s estate.        "Initial financing statement" means a UCC document that does not identify itself as an amendment or identify an initial financing statement to which it relates, as required by 2000 Iowa Acts, chapter 1149, sections 83, 85, and 89Iowa Code sections 554.9512, 554.9514, and 554.9518.        "Organization" means a legal person who is not an individual as defined above.        "Remitter" means a person who tenders a UCC document to the filing officer for filing, whether the person is a filer or an agent of a filer responsible for tendering the document for filing. �Remitter� does not include a person responsible merely for the delivery of the document to the filing office, such as the postal service or a courier service, but does include a service provider who acts as a filer�s representative in the filing process.        "Secured party of record" means, with respect to a financing statement, a person whose name is provided as the name of a secured party or a representative of the secured party in an initial financing statement that has been filed. If an initial financing statement is filed under 2000 Iowa Acts, chapter 1149, section 85, subsection 1Iowa Code section 554.9514(1), the assignee named in the initial financing statement is the secured party of record with respect to the financing statement. If an amendment of a financing statement which provides the name of a person as a secured party or a representative of a secured party is filed, the person named in the amendment is a secured party of record. If an amendment is filed under 2000 Iowa Acts, chapter 1149, section 85, subsection 2Iowa Code section 554.9514(2), the assignee named in the amendment is a secured party of record. A person remains a secured party of record until the filing of an amendment of the financing statement which deletes the person.        "Termination" means an amendment intended to indicate that the related financing statement has ceased to be effective with respect to the secured party authorizing the termination.        "UCC" means the Uniform Commercial Code as adopted in this state and in effect from time to time.        "UCC document" means an initial financing statement, an amendment, an assignment, a continuation, a termination or a correction statement. The word �document� in the term �UCC document� shall not be deemed to refer exclusively to paper or paper-based writings; it being understood that UCC documents may be expressed or transmitted electronically or through media other than such writings. (Note: This definition is used for the purpose of these rules only. The use of the term �UCC document� in these rules has no relation to the definition of the term �document� in 2000 Iowa Acts, chapter 1149, section 2, subsection 1, paragraph �ad.�Iowa Code section 554.9102(1)�af.�)    .(3) Singular and plural forms.  Singular nouns shall include the plural form, and plural nouns shall include the singular form, unless the context otherwise requires.    .(4) Place to file.  The filing office is the office for filing UCC documents relating to all types of collateral except for timber to be cut, as-extracted collateral (2000 Iowa Acts, chapter 1149, section 2, subsection 1, paragraph �f�Iowa Code section 554.9102(1)�f�) and, when the relevant financing statement is filed as a fixture filing, goods which are or are to become fixtures. Regardless of the nature of the collateral, the filing office is the office for filing all UCC documents where the debtor is a transmitting utility.    .(5) Filing office identification.  In addition to the promulgation of these rules, the filing office will disseminate information of its location, mailing address, telephone and fax numbers, and its Internet and other electronic �addresses� through usual and customary means.    a.    On-lineOnline information service.The filing officer offers on-lineonline information services at www.sos.state.ia.ussos.iowa.gov.    b.    Electronic mail.Electronic mail cannot be used for filing UCC documents or for requesting searches of the records of financing statements.

        ITEM 25.    Amend subrule 30.1(7) as follows:    30.1(7) UCC document delivery.  UCC documents may be tendered for filing at the filing office as follows:    a.    Personal delivery at the filing office�s street address.The file time for a UCC document delivered by this method is when delivery of the UCC document is accepted by the filing office (even though the UCC document may not yet have been accepted for filing and subsequently may be rejected).    b.    Courier delivery at the filing office�s street address.The file time for a UCC document delivered by this method is, notwithstanding the time of delivery, the next close of business following the time of delivery (even though the UCC document may not yet have been accepted for filing and may be subsequently rejected). A UCC document delivered after regular business hours or on a day the filing office is not open for business will have a filing time of the close of business on the next day the filing office is open for business.    c.    Postal service delivery to the filing office�s mailing address.The file time for a UCC document delivered by this method is the next close of business following the time of delivery (even though the UCC document may not yet have been accepted for filing and may be subsequently rejected). A UCC document delivered after regular business hours or on a day the filing office is not open for business will have a filing time of the close of business on the next day the filing office is open for business.    d.    Telefacsimile delivery to the filing office�s fax filing telephone number.The file time for a UCC document delivered by this method is, notwithstanding the time of delivery, the next close of business following the time of delivery (even though the UCC document may not yet have been accepted for filing and may be subsequently rejected). A UCC document delivered after regular business hours or on a day the filing office is not open for business will have a filing time of the close of business on the next day the filing office is open for business.In order for delivery of UCC documents by telefacsimile to be accepted, remitter must have a preapproved charge account as provided in 30.1(11)�d� or an acceptable credit card as provided by 30.1(11)�e.�    e.    Electronic filing.UCC documents may be transmitted electronically using the XML standard approved by the International Association of CorporationCommercial Administrators as described in 30.3(3). UCC documents may also be transmitted electronically through on-lineonline entry as described in 30.3(4). The file time for a UCC document delivered by this method is the time that the filing office�s UCC information management system analyzes the relevant transmission and determines that all the required elements of the transmission have been received in a required format and are machine-readable.

        ITEM 26.    Amend subrule 30.1(9) as follows:    30.1(9) Approved forms.  Forms for UCC documents that conform to the requirements of this rule will be accepted by the filing office. Other forms will not be accepted by the filing office.    a.    Approved forms.Only those forms approved for the relevant UCC document by the International Association of CorporationCommercial Administrators (the UCC National Forms) will be acceptable. Copies of these forms are available on the secretary of state�s website at www.sos.state.ia.uswww.sos.iowa.gov or by request to the secretary of state�s office.Note: The debtor�s taxpayer identification number (TAX ID #), social security number (SSN), and employer identification number (EIN) are not required, and will be readily available to the public if entered on UCC documents.    b.    Form�UCC search.The information request form approved by the International Association of CorporationCommercial Administrators will be acceptable. Other request forms will also be acceptable, provided they contain the information required by 30.5(2).    c.    Electronic filings.A UCC document transmitted electronically pursuant to the International Association of CorporationCommercial Administrators� XML standard and the procedures set forth in 30.3(3) or pursuant to on-lineonline data entry procedures set forth in 30.3(4) will be acceptable.

        ITEM 27.    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 $10. If there are additional pages, the fee is $20. But theThe fee for filing and indexing a UCC document communicated byusing a medium authorized by these rules whichthat is other than on paper or in a paper-based format shall be $5.     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 28.    Amend subrules 30.1(13) and 30.1(14) as follows:    30 30.1 1(13) Public records services.  Public records services are provided on a nondiscriminatory basis to any member of the public on the terms described in these rules. The following methods are available for obtaining copies of UCC documents and copies of data from the UCC information management system.    a.    Individually identified documents.Copies of individually identified UCC documents are available in the following forms.    (1)   Paper.    (2)   TIFPDF files.    b.    Bulk copies of documents.Bulk copies of UCC documents are available in a TIFPDF format on CD-ROM or DVDvia download from the office.    c.    Data from the information management system.A list of available data elements from the UCC information management system and the file layout of the data elements are available from the filing officer upon request. Data from the information management system is available as follows.    (1)   Full extract. A bulk data extract of information from the UCC information management system is available on a weekly basis.    (2)   Format. Extracts from the UCC information management system are available via downloads from the filing office or CD-ROM.    d.    Direct on-lineonline services.On-lineOnline services make UCC data and images available.    30 30.1 1(14) Fees for public records services.  Fees for public records services are established as follows.    a.    Paper copies of individual documents.    (1)   Regular delivery method�$1 per page.    (2)   Fax delivery�$2 per page.    b.    Bulk copies of documents.    (1)   Subscription basis�4 cents per page plus $25 per week (delivered on CD-ROM).    (2)   Document image master file�4 cents per document.    c.    Data from the information management system�full extract.Download�$300.    (1)   Download�$300.    (2)   CD-ROM�$325.

        ITEM 29.    Amend rule 721�30.2(554) as follows:

    721�30.2(554) Acceptance and refusal of documents.      30.2(1) Duty to file.  Provided that there is no ground to refuse acceptance of the document under 30.2(2), a UCC document is filed upon its receipt by the filing officer with the filing fee, and the filing officer shall promptly assign a file number to the UCC document and index it in the information management system.    30.2(2) Grounds for refusal of UCC document.  The following grounds are the sole grounds for the filing officer�s refusal to accept a UCC document for filing. As used herein, the term �legible� is not limited to refer only to written expressions on paper: it requires a machine-readable transmission for electronic transmissions and an otherwise readily decipherable transmission in other cases.    a.    Debtor name and address.An initial financing statement or an amendment that purports to add a debtor shall be refused if the document fails to include a legible debtor name and address for a debtor, in the case of an initial financing statement, or for the debtor purporting to be added in the case of such an amendment. If the document contains more than one debtor name or address and some names or addresses are missing or illegible, the filing officer shall index the legible name and address pairings, and provide a notice to the remitter containing the file number of the document, identification of the debtor name(s) that was (were) indexed, and a statement that debtors with illegible or missing names or addresses were not indexed.    b.    Additional debtor identification.An initial financing statement or an amendment adding one or more debtors shall be refused if the document fails to identify whether each named debtor (or each added debtor in the case of such an amendment) is an individual or an organization, if the last name of each individual debtor is not identified, or if, for each debtor identified as an organization, the document does not include in legible form the organization�s type, state of organization and organization number (if it has one) or a statement that it does not have one.    c.    Secured party name and address.An initial financing statement, an amendment purporting to add a secured party of record, or an assignment shall be refused if the document fails to include a legible secured party (or assignee in the case of an assignment) name and address. If the document contains more than one secured party (or assignee) name or address, and some names or addresses are missing or illegible, the filing officer shall refuse the UCC document.    d.    Lack of identification of initial financing statement.A UCC document other than an initial financing statement shall be refused if the document does not provide a file number of a financing statement in the UCC information management system that has not lapsed.    e.    Identifying information.A UCC document that does not identify itself as an amendment or identify an initial financing statement to which it relates, as required by 2000 Iowa Acts, chapter 1149, sections 83, 85, and 89Iowa Code sections 554.9512, 554.9514, and 554.9518, is an initial financing statement.    f.    Timeliness of continuation.A continuation shall be refused if it is not received during the six-month period concluding on the day upon which the related financing statement would lapse.    (1)   First day permitted. The first day on which a continuation may be filed is the date of the month corresponding to the date upon which the financing statement would lapse, six months preceding the month in which the financing statement would lapse. If there is no such corresponding date during the sixth month preceding the month in which the financing statement would lapse, the first day on which a continuation may be filed is the last day of the sixth month preceding the month in which the financing statement would lapse, although filing by certain means may not be possible on such date if the filing office is not open on such date.    (2)   Last day permitted. The last day on which a continuation may be filed is the date upon which the financing statement lapses.    g.    Fee.A document shall be refused if the document is accompanied by less than the full filing fee tendered by a method described in 30.1(11).    h.    Means of communication.UCC documents communicated to the filing office by a means of communication not authorized by the filing officer for the communication of UCC documents shall be refused.    i.    XML refusal.UCC documents communicated by XML may be refused as provided in 30.3(3) for reasons not applicable to other communications methods.    30.2(3) Grounds not warranting refusal.  The sole grounds for the filing officer�s refusal to accept a UCC document for filing are enumerated in 30.2(2). The following are examples of defects that do not constitute grounds for refusal to accept a document. They are not a comprehensive enumeration of defects outside the scope of permitted grounds for refusal to accept a UCC document for filing.    a.    Errors.The UCC document contains or appears to contain a misspelling or other apparently erroneous information.    b.    Incorrect names.    (1)   The UCC document appears to identify a debtor incorrectly.    (2)   The UCC document appears to identify a secured party or a secured party of record incorrectly.    c.    Extraneous information.The UCC document contains additional or extraneous information of any kind.    d.    Insufficient information.The UCC document contains less than the information required by Article 9 of the UCC, provided that the document contains the information required in 30.2(2)�a� through 30.2(2)�e.�Note: The debtor�s taxpayer identification number (TAX ID #), social security number (SSN), and employer identification number (EIN) are not required, and willmay be readily available to the public if entered on UCC documents.    e.    Collateral description.The UCC document incorrectly identifies collateral, or contains an illegible or unintelligible description of collateral, or appears to contain no such description.    f.    Excess fee.The document is accompanied by funds in excess of the full filing fee.    30.2(4) Time limit.  The filing officer shall determine whether criteria exist to refuse acceptance of a UCC document for filing not later than the second business day after the date the document would have been filed had it been accepted for filing and shall index a UCC document not so refused within the same time period.    30.2(5) Procedure upon refusal.  If the filing officer finds grounds under 30.2(2) to refuse acceptance of a UCC document, the filing officer shall return the document, if written, to the remitter and will refund the filing fee. The filing office shall send a notice that contains the date and time the document would have been filed had it been accepted for filing (unless such date and time are stamped on the document) and a brief description of the reason for refusal to accept the document under 30.2(2). The notice shall be sent to a secured party or the remitter as provided in 30.4(2)�e� no later than the second business day after the filing office receives the document. The refund may be delivered with the notice or under separate cover.    30.2(6) Acknowledgment.      a.    At the request of a filer or remitter who filessubmits a paper or paper-based UCC document, the filing officer shall either:    (1)   Send to said filer or remitter an image of the record of the UCC document showing the file number assigned to it and the date and time of filing; or    (2)   If such filer or remitter provides a copy of such UCC document, note the file number and the date and time of filing on the copy and deliver or send it to said filer or remitter.    b.    For UCC documents not filed in paper or paper-based form, the filing officer shall communicate to the filer or remitter the information in the filed document, the file number and the date and time of filing.    30.2(7) Other notices.  Nothing in these rules prevents a filing officer from communicating to a filer or a remitter that the filing officer noticed apparent potential defects in a UCC document, whether or not it was filed or refused for filing. However, the filing office is under no obligation to do so and may not, in fact, have the resources to do so or to identify such defects. THE RESPONSIBILITY FOR THE LEGAL EFFECTIVENESS OF FILING RESTS WITH FILERS AND REMITTERS AND THE FILING OFFICE BEARS NO RESPONSIBILITY FOR SUCH EFFECTIVENESS.    30.2(8) Refusal errors.  If a secured party or a remitter demonstrates to the satisfaction of the filing officer that a UCC document that was refused for filing should not have been refused under 30.2(2), the filing officer will file the UCC document as provided in these rules with a filing date and time assigned when such filing would have occurred had it not been wrongfully rejected. The filing officer will also file a statement (and such demonstration of error shall constitute the secured party�s authorization to do so) that states that the effective date and time of filing is the date and time the UCC document was originally tendered for filing, and that sets forth such date and time.

        ITEM 30.    Amend rule 721�30.3(554) as follows:

    721�30.3(554) UCC information management system.      30.3(1) Policy statement.  The filing officer uses an information management system to store, index, and retrieve information relating to financing statements. The information management system includes an index of the names of debtors named on financing statements which are active. This rule describes the UCC information management system.    30.3(2) General provisions�UCC information management system.      a.    Primary data elements.The primary data elements used in the UCC information management system are the following.    (1)   Identification numbers.
    1. 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.
    2. 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.
        (2)   Type of document. The type of UCC document from which data is transferred is identified in the information management system from information supplied by the remitter.    (3)   Filing date and filing time. The filing date and filing time of UCC documents are stored in the information management system. Calculation of the lapse date of an initial financing statement is based upon the filing date.    (4)   Identification of parties. The names and addresses of debtors and secured parties are transferred from UCC documents to the UCC information management system using one or more data entry or transmittal techniques.    (5)   Status of financing statement. In the information management system, each financing statement has a status of active or inactive.    (6)   Page count. The total number of pages in a UCC document is maintained in the information management system.    (7)   Lapse indicator. An indicator is maintained by which the information management system identifies whether a financing statement will lapse and, if it does, when it will lapse. The lapse date is determined as provided in 30.4(5).        b.    Names of debtors who are individuals.For the purpose of this paragraph, �individual� means a human being, or a decedent in the case of a debtor that is such decedent�s estate. This rule applies to the name of a debtor or a secured party on a UCC document who is an individual.    (1)   Individual name fields. The names of individuals are stored in files that include only the names of individuals, and not the names of organizations. Separate data entry fields are established for first (given), middle (given), and last names (surnames or family names) of individuals. A filer should place the name of a debtor with a single name (e.g., �Cher�) in the last name field. The filing officer assumes no responsibility for the accurate designation of the components of a name but will accurately enter the data in accordance with the filer�s designations.    (2)   Titles and prefixes before names. Titles and prefixes, such as �doctor,� �reverend,� �Mr.,� and �Ms.,� should not be entered in the UCC information management system. However, as provided in 30.4(8), when a UCC document is submitted with designated name fields, the data will be entered in the UCC information management system exactly as it appears.    (3)   Titles and suffixes after names. Titles or indications of status such as �M.D.� and �esquire� are not part of an individual�s name and should not be provided by filers in UCC documents. Suffixes that indicate which individual is being named, such as �senior,� �junior,� �I,� �II,� and �III,� are appropriate. In either case, as provided in 30.4(8), the suffixes will be entered into the information management system exactly as received.    (4)   Truncation�individual names. Personal name fields in the UCC database are fixed in length. Although filers should continue to provide full names on their UCC documents, a name that exceeds the fixed length is entered as presented to the filing officer, up to the maximum length of the data entry field. The lengths of data entry name fields, except for on-lineonline filing (30.3(4)�b�), are as follows.
    1. First name: 50 characters.
    2. Middle name: 50 characters.
    3. Last name: 50 characters.
    4. Suffix: 15 characters.
        c.    Names of debtors that are organizations.This rule applies to the name of an organization that is a debtor or a secured party on a UCC document.    (1)   Single field. The names of organizations are stored in files that include only the names of organizations and not the names of individuals. A single field is used to store an organization name.    (2)   Truncation�organization names. The organization name field in the UCC database is fixed in length. The maximum length, except for on-line filing (30.3(4)�b�), is 100 characters. Although filers should continue to provide full names on their UCC documents, a name that exceeds the fixed length is entered as presented to the filing officer, up to the maximum length of the data entry field.    d.    Estates.Although they are not human beings, estates are treated as if the decedent were the debtor under 30.3(2)�b.�    e.    Trusts.If the trust is named in its organic document(s), its full legal name, as set forth in such document(s), is used. Such trusts are treated as organizations. If the trust is not so named, the name of the settlor is used. If a settlor is indicated to be an organization, the name is treated as an organization name. If the settlor is an individual, the name is treated as an individual name. A UCC document that uses a settlor�s name should include other information provided by the filer to distinguish the debtor trust from other trusts having the same settlor, and all financing statements filed against trusts or trustees acting with respect to property held in trust should indicate the nature of the debtor. If other information is included in, or as part of, the name of the debtor, the information will be entered as if it were a part of the name under 30.4(8) and 30.4(9).    f.    Initial financing statement.Upon the filing of an initial financing statement, the status of the parties and the status of the financing statement shall be as follows:    (1)   Status of secured party. Each secured party named on an initial financing statement shall be a secured party of record, except that if the UCC document names an assignee, the secured party/assignor shall not be a secured party of record and the secured party/assignee shall be a secured party of record.    (2)   Status of debtor. The status of a debtor named on the document shall be active and shall continue as active until one year after the financing statement lapses.    (3)   Status of financing statement. The status of the financing statement shall be active. A lapse date shall be calculated five years from the file date, unless the initial financing statement indicates that it is filed with respect to a public-financing transaction or a manufactured-home transaction, in which case the lapse date shall be thirty30 years from the file date, or if the initial financing statement indicates that it is filed against a transmitting utility, in which case there shall be no lapse date. A financing statement remains active until one year after it lapses, or if it is indicated to be filed against a transmitting utility, until one year after it is terminated with respect to all secured parties of record.    g.    Amendment.Upon the filing of an amendment, the status of the parties and the status of the financing statement shall be as follows:    (1)   Status of secured party and debtor. An amendment shall affect the status of its debtor(s) and secured party(ies) as follows:
    1. 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).
    2. 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).
    3. 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.
    4. 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.
    5. 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.
    6. 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.
    7. 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.
        (2)   Status of financing statement. An amendment shall have no effect upon the status of the financing statement, except that a continuation may extend the period of effectiveness of a financing statement.        h.    Assignment of powers of secured party of record.    (1)   Status of the parties. An assignment shall have no effect on the status of the parties to the financing statement, except that each assignee named in the assignment shall become a secured party of record.    (2)   Status of financing statement. An assignment shall have no effect upon the status of the financing statement.    i.    Continuation.    (1)   Continuation of lapse date. Upon the timely filing of one or more continuations by any secured party(ies) of record, the lapse date of the financing statement shall be postponed for five years.    (2)   Status of parties. The filing of a continuation shall have no effect upon the status of any party to the financing statement.    (3)   Status of financing statement. Upon the filing of a continuation statement, the status of the financing statement remains active.    j.    Termination.    (1)   Status of parties. The filing of a termination shall have no effect upon the status of any party to the financing statement.    (2)   Status of financing statement. A termination shall have no effect upon the status of the financing statement and the financing statement shall remain active in the information management system until one year after it lapses, unless the termination relates to a financing statement that indicates it is filed against a transmitting utility, in which case the financing statement will become inactive one year after it is terminated with respect to all secured parties of record.    k.    Correction statement.    (1)   Status of parties. The filing of a correction statement shall have no effect upon the status of any party to the financing statement.    (2)   Status of financing statement. A correction statement shall have no effect upon the status of the financing statement.    l.    Procedure upon lapse.If there is no timely filing of a continuation with respect to a financing statement, the financing statement lapses on its lapse date, but no action is then taken by the filing office. On the first anniversary of such lapse date, the information management system renders or is caused to render the financing statement inactive and the financing statement will no longer be made available to a searcher unless inactive statements are requested by the searcher and the financing statement is still retrievable by the information management system.        30.3(3) XML documents.      a.    Definitions.For the purpose of rules relating to the electronic transmission of UCC documents, the following terms shall have the meaning provided in this rule.        "XML" means extensible markup language.        "XML document" means a UCC document transmitted from a remitter to the filing officer by XML techniques authorized under this rule.    b.    XML authorized.A remitter may be authorized for XML transmission upon the written authorization of the filing officer. A request to be authorized to transmit XML documents shall be in writing and delivered to the filing officer. Upon receipt of a request for authorization, the filing officer shall provide the remitter with necessary information on the requirements for XML transmission, including format, address for transmission, and other necessary specifications.    (1)   The filing officer shall authorize a remitter to engage in XML transmissions if:
    1. The remitter holds an account for the billing of fees by the filing officer,
    2. The remitter has entered into an agreement, in form and substance satisfactory to the filing officer, with the filing office, and
    3. 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.
        (2)   The filing officer may suspend or revoke the authorization when, in the filing officer�s sole discretion, it is determined that a remitter�s transmissions are incompatible with the filing officer�s XML system.        c.    IACA standard adopted.The XML format for filing a UCC document, as adopted by the International Association of CorporationCommercial Administrators and in effect from time to time, is adopted in this state as a format for electronic transmission of UCC documents, although the filing officer shall, periodically and at the request of an authorized XML remitter, identify which versions and releases of the XML format are then in use by and acceptable to the filing office.    d.    Implementation guide.The filing office publishes an implementation guide that prescribes in further detail the use of the XML format in the UCC filing system. The guide is available upon request made in writing to the filing office at its mailing address set forth in 30.1(2) above.        30.3(4) Direct on-lineonline filing and search procedures.      a.    Direct on-lineonline filing and search services are available to any person with Internet access to the UCCsecretary of state website: sos.iowa.gov. On-line filing services require a preapproved account, in accordance with 30.1(11)�d.�    b.    Document filing procedures. Initial financing statements and amendments may be filed via the UCCsecretary of state website, which allows for entry of information required on the approved UCC forms specified in 30.1(9). The on-lineonline filing procedure does not allow for the maximum length of characters as defined in 30.3(2)�b�(4).and 30.3(2)�c.� Therefore, on-lineonline filing should be used only if the filer is able to key all information without truncation. A record which is created by the filer in this manner is subject to all of the provisions of the UCC, as if it were a paper document submitted to the filing office. However, attachments may not be submitted. Filing instructions are provided on the website.    c.    Search request procedures. A certified search naming a particular debtor may be obtained via the UCCsecretary of state website: sos.iowa.gov. A request that is created by the filer in this manner is subject to all of the provisions of the UCC as if it were a paper search request submitted to the filing office. Images of individual financing statements may be obtained on lineonline. Instructions are provided on the website.

        ITEM 31.    Amend rule 721�30.4(554) as follows:

    721�30.4(554) Filing and data entry procedures.      30.4(1) Policy statement.  This rule describes the filing procedures of the filing officer upon and after receipt of a UCC document. Except as provided in these rules, data are transferred from a UCC document to the information management system exactly as the data are set forth in the document. Personnel who create reports in response to search requests type search criteria exactly as set forth on the search request. No effort is made to detect or correct errors of any kind.    30.4(2) Document indexing and other procedures before archiving.      a.    Date and time stamp.The date and time of receipt are noted on the document or otherwise permanently associated with the record maintained for a UCC document in the UCC information management system.    b.    Cash management.Transactions necessary to payment of the filing fee are performed.    c.    Document review.The filing office determines whether a ground exists to refuse the document under 30.2(2).    d.    File stamp.If there is no ground for refusal of the document, the document is stamped or deemed filed and a unique identification number and the filing date are stamped on the document or permanently associated with the record of the document maintained in the UCC information management system. The sequence of the identification number is not an indication of the order in which the document was received.    e.    Correspondence.    (1)   Acknowledgment of filing. If there is no ground for refusal of the document, an acknowledgment of filing is prepared as provided in 30.2(6) and communicated as follows:
    1. 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.
    2. 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).
    3. 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).
    4. UCC document transmitted electronically using XML standard. Acknowledgment of filing is returned electronically.
    5. UCC document transmitted by on-lineonline entry. Acknowledgment of filing is returned electronically.
        (2)   Notice of refusal. If there is a ground for refusal of the document, notification of refusal to accept the document is prepared as provided in 30.2(5) and communicated as follows:
    1. 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.
    2. 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).
    3. 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).
    4. UCC document transmitted electronically using XML standard. Notice of refusal is returned electronically.
    5. UCC document transmitted by on-lineonline entry. Notice of refusal is returned electronically.
        f.    Data entry.Data entry and indexing functions are performed as described in this rule.        30.4(3) Filing date.  The filing date of a UCC document is the date the UCC document is received with the proper filing fee if the filing office is open to the public on that date or, if the filing office is not open on that date, the filing date is the next date the filing office is open, except that, in each case, UCC documents received after 4:30 p.m. shall be deemed received on the following daynext date the filing office is open. The filing officer may perform any duty relating to the document on the filing date or on a date after the filing date.    30.4(4) Filing time.  The filing time of a UCC document is determined as provided in 30.1(7).    30.4(5) Lapse date and time.  A lapse date is calculated for each initial financing statement (unless the debtor is indicated to be a transmitting utility). The lapse date is the same date of the same month as the filing date in the fifth year after the filing date or relevant subsequent fifth anniversary thereof if a timely continuation statement is filed, but if the initial financing statement indicates that it is filed with respect to a public-finance transaction or a manufactured-home transaction, the lapse date is the same date of the same month as the filing date in the thirtieth year after the filing date. The lapse takes effect at midnight at the end of the lapse date. The relevant anniversary for a February 29 filing date shall be March 1 in the fifth year following the year of the filing date.    30.4(6) Errors of the filing officer.  The filing office may correct the errors of filing officer personnel in the UCC information management system at any time. If the correction is made after the filing officer has issued aUCC search report with a certification date that includes the filing date of a corrected document, the filing officer shall proceed as follows: Aplace a record relating to the relevant initial financing statement will be placed in the UCC information management system stating the date of the correction and explaining the nature of the corrective action taken. The record shall be preserved for so long as the record of the initial financing statement is preserved in the UCC information management system.    30.4(7) Errors other than filing office errors.  An error by a filer is the responsibility of such filer. It can be corrected by filing an amendment or it can be disclosed by a correction statement.    30.4(8) Data entry of names�designated fields.  A filing should designate whether a name is that of an individual or an organization and, if an individual, also designate the first, middle and last names and any suffix. With regard to designated fields, the following shall apply.    a.    Organization names.Organization names are entered into the UCC information management system exactly as set forth in the UCC document, even if it appears that multiple names are set forth in the document or if it appears that the name of an individual has been included in the field designated for an organization name.    b.    Individual names.On the form that designates separate fields for first, middle, and last names and any suffix, the filing officer enters the names into the first, middle, and last name and suffix fields in the UCC information management system exactly as set forth on the form.    c.    Designated fields required.The filing office specifies in 30.1(9) the use of forms that designate separate fields for individual and organization names and separate fields for first, middle, and last names and any suffix. Such forms diminish the possibility of filing office error and help ensure that filers� expectations are met. However, filers should be aware that the inclusion of names in an incorrect field or failures to transmit names accurately to the filing office may cause filings to be ineffective. All documents submitted through direct data entry or through XML will be required to use designated name fields.    30.4(9) Data entry of names�no designated fields.  A UCC document that is an initial financing statement or an amendment that adds a debtor to a financing statement and that fails to specify whether the debtor is an individual or an organization will be refused by the filing office.    30.4(10) Verification of data entry.  The filing officer uses the following procedures to verify the accuracy of data entry tasks. Double key entry is employed for data entered in the following fields.
    1. Time and date of filing.
    2. Document identification number.
    3. Document type.
    4. Debtor name fields.
    5. City address of debtor.
        30.4(11) Initial financing statement.  A new recordbearing the file number of the financing statement and the date and time of filing is opened in the UCC information management system for each initial financing statement that bears the file number of the financing statement and the date and time of filing.    a.    The name and address of each debtor that are legibly set forth in the financing statement are entered into the record of the financing statement. Each debtor name and city isare included in the searchable index and not removed until one year after the financing statement lapses.    b.    The name and address of each secured party that are legibly set forth in the financing statement are entered into the record of the financing statement.    c.    The record is indexed according to the name of the debtor(s) and is maintained for public inspection.    d.    A lapse date is established for the financing statement and the lapse date is maintained as part of the record, unless the initial financing statement indicates that it is filed against a transmitting utility.    30.4(12) Amendment.  A record is created for the amendment that bears the file number for the amendment and the date and time of filing.    a.    The record of the amendment is associated with the record of the related initial financing statement in a manner that causes the amendment to be retrievable each time a record of the financing statement is retrieved.    b.    The name and address of each additional debtor and secured partiesparty are entered into the UCC information management system in the record of the financing statement. Each additional debtor name and city isare added to the searchable index and not removed until one year after the financing statement lapses.    c.    If the amendment is a continuation, a new lapse date is established for the financing statement and maintained as part of its record.    30.4(13) Correction statement.  A record is created for the correction statement that bears the file number for the correction statement and the date and time of filing. The record of the correction statement is associated with the record of the related initial financing statement in a manner that causes the correction statement to be retrievable each time a record of the financing statement is retrieved.    30.4(14) Global filings.      a.    The filing officer may accept for filing a single UCC document for the purpose of amending more than one financing statement, for one or both of the following purposes:     (1)   Amendment to change secured party name;    (2)   Amendment to change secured party address.    b.    A blanket filing shall consist of a written document describing the requested amendment on a form approved by the filing office, and a machine-readable file furnished by the remitter and created to the filing officer�s specifications containing appropriate indexing information. A copy of blanket filing specifications is available from the filing officer upon request. Acceptance of a blanket filing is conditioned upon the determination of the filing officer in the filing officer�s sole discretion.    30.4(14) Affidavit of wrongful filing.  Assessment is made, notices are sent, and records determined to be wrongful are terminated and reinstated in accordance with Iowa Code section 554.9513A.    30.4(15) Archives�general.  This subrule relates to the maintenance of inactive financing statements and the ability of those archives to be searched.    a.    Paper UCC documents.    (1)   Storage. Paper UCC documents are scanned into the UCC information management system.    (2)   Retention. Paper is not retained.    b.    Databases.The UCC information management system is backed up to magnetic tape every business day.    30.4(16) Archives�data retention.  Data in the UCC information management system relating to financing statements that have lapsed is retained for at least five years from the date of lapse.    30.4(17) Archival searches.  Archival searches may be available through arrangements with the filing office in its sole discretion.    30.4(18) Notice of bankruptcy.  The filing officer takes no action upon receipt of a notification, formal or informal, of a bankruptcy proceeding involving a debtor named in the UCC information management system. Accordingly, financing statements will lapse as scheduled unless properly continued.

        ITEM 32.    Amend rule 721�30.5(554) as follows:

    721�30.5(554) Search requests and reports.      30.5(1) General requirements.  The filing officer maintains for public inspection a searchable index forof all records of active UCC documents that provides for the retrieval of a record by the name of the debtor and by the file number of the initial financing statement to which the record relates and which associates with one another each initial financing statement and each filed UCC document relating to the initial financing statement.    30.5(2) Search requests.  Search requests shall contain the following information.    a.    Name searched.A search request should set forth the full correct name of a debtor or the name variant desired to be searched and must specify whether the debtor is an individual or an organization.    (1)   Individual. The full name of an individual shall consist of a first name, a middle name or initial, and a last name, although a search request may be submitted with no middle name or initial and, if only a single name is presented (e.g., �Cher�), it will be treated as a last name, and a search will disclose only those UCC documents where only the last name was entered.    (2)   Organization. The full name of an organization shall consist of the name of the organization as stated on the articles of incorporation or other organic documents in the state or country of organization or the name variant desired to be searched. A search request will be processed using the name in the exact form it is submitted.    b.    Requesting party.The name and address of the person to whom the search report is to be sent, if applicable.    c.    Fee.The appropriate fee shall be enclosed,if applicable, payable by a method described in 30.1(11).    d.    Search request with filing.If a filer requests a search at the time a UCC document is filed, by checking the box on the form set forth in 30.1(9)�a,� the name to be searched will be the debtor name as set forth on the form, the requesting party will be the remitter of the UCC document, and the search request will be deemed to request a search that would be effective to retrieve all financing statements filed on or prior to the date the UCC document is filed.    30.5(3) Optional information.  A UCC search request may contain any of the following information.    a.    A request that copies of documents referred to in the report be included with the report. The request may limit the copies requested by limiting them by reference to the address of the debtor, the city of the debtor, the date of filing (or a range of filing dates) or the identity of the secured party(ies) of record on the financing statements located by the related search.    b.    A request that the search of a debtor name be limited to debtors in a particular city. A report created by the filing officer in response to such a request shall contain the following statement:�A search limited to a particular city may not reveal all filings against the debtor searched and the searcher bears the risk of relying on such a search.�    c.    Instructions on the mode of delivery requested, if other than by ordinary mail, which request will be honored if the requested mode is then made available by the filing office.    30.5(4) Rules applied to search requests.  Search results are created by applying standardized search logic to the name presented to the filing officer by the person requesting the search. Human judgment does not play a role in determining the results of the search. Only the following rules are applied to conduct searches.    a.    There is no limit to the number of matches that may be returned in response to the search criteria.    b.    No distinction is made between uppercase and lowercase letters.    c.    Punctuation marks and accents are disregarded.    d.    Words and abbreviations at the end of a name that indicate the existence or nature of an organization as set forth in the �Ending Noise Words� list as promulgated by the International Association of CorporationCommercial Administrators, and adopted from time to time, are disregarded (e.g., company, limited, incorporated, corporation, limited partnership, limited liability company or abbreviations of the foregoing).    e.    The word �the� at the beginning of the search criteria is disregarded.    f.    All spaces are disregarded.    g.    For first and middle names of individuals, initials are treated as the logical equivalent of all names that begin with such initials, and no middle name or initial is equated with all middle names and initials. For example, a search request for �John A. Smith� would cause the search to retrieve all filings against all individual debtors with �John� as the first name, �Smith� as the last name, and with the initial �A� or any name beginning with �A� in the middle name field. If the search request were for �John Smith� (first and last names with no designation in the middle name field), the search would retrieve all filings against individual debtors with �John� as the first name, �Smith� as the last name and with any name or initial or no name or initial in the middle name field.    h.    After taking the preceding rules into account to modify the name of the debtor requested to be searched and to modify the names of debtors contained in active financing statements in the UCC information management system, the search will reveal only names of debtors that are contained in active financing statements and, as modified, exactly match the name requested, as modified.    30.5(5) Search responses.  Reports created in response to a search request shall include the following.    a.    Filing officer.Identification of the filing officer and the certification of the filing officer required by the UCC.    b.    Report date.The date the report was generated.    c.    Name searched.Identification of the name searched.    d.    Certification date.The certification date applicable to the report; i.e., the date and time through which the search is effective and reveals all relevant UCC documents filed on or prior to that date.    e.    Identification of initial financing statements.Identification of each unlapsed (or active, if requested) initial financing statement filed on or prior to the certification date and time corresponding to the search criteria, by name of debtor, by identification number, and by file date and file time.    f.    History of financing statement.For each initial financing statement on the report, a listing of all related UCC documents filed by the filing officer on or prior to the certification date.    g.    Copies.Copies of all UCC documents revealed by the search and requested by the searcher.

        ITEM 33.    Amend 721�Chapter 30, implementation sentence, as follows:       These rules are intended to implement Iowa Code chapters 17A and 554and 2017 Iowa Acts, Senate File 516, section 23.

        ITEM 34.    Amend rule 721�40.1(490,499,504A) as follows:

    721�40.1(9,490,499,504A504) Filing of documents.  Documents pertaining to profit corporations, nonprofit corporations,limited liability companies, limited partnerships, and cooperative associations shall be delivered for filing to the office of Secretary of State, Lucas State Office Building, Des Moines, Iowa 50319.    40.1(1)   A copy of a signature, however made, is acceptable with regard to documents delivered to the secretary of state for filing pursuant to Iowa Code chapter 490.    40.1(2)   A document pertaining to a profit corporation, a nonprofit corporation, a limited liability company, a limited partnership, or a cooperative association delivered to the secretary of state for filing must be captioned to describe the record�s purpose and be in a medium permitted by the secretary of state.    40.1(3)   A document submitted for same-day preclearance service as provided in Iowa Code chapter 9 may be delivered by fax or in person. Preclearance service speed is not guaranteed on a document delivered by any other method.    40.1(4)   Where the secretary of state prescribes and furnishes a form for the filing of a document pertaining to a profit corporation, a nonprofit corporation, a limited liability company, a limited partnership, or a cooperative association, the secretary requires the use of that form as permitted by Iowa law.    40.(2) 40.1(5)   A documentpertaining to a profit corporation, a nonprofit corporation, a limited liability company, a limited partnership, or a cooperative association delivered to the secretary of state for filing pursuant to the Iowa business corporation Act, Iowa Code chapter 490, may be delivered by telecopierfax to (515)242-5953.    40.(3) 40.1(6)   A document delivered by telecopierfax may be delivered at any time of day. The date and time of receipt printed on the document by the telecopierfax machine constitutes the date and time endorsement required by Iowa Code section 490.125(2).    40.(4) 40.1(7)   A document delivered by telecopierfax shall be printed on paper measuring 8�? by 11?, unless a copy of a larger document, reduced to 8�? by 11? paper, is acceptable to the filing party. The document received by the secretary of state via telecopierfax shall constitute the copy that is filed and returned to the corporation pursuant to Iowa Code section 490.125(2).    40.(5) 40.1(8)   A document delivered by telecopierfax shall be accompanied by a cover sheet that provides the name, address, and telephone number of the filing party, and instructions as to the manner by which the filing fee will be paid. The filing fee may be billed to an account maintained by the filing party pursuant to rule 721�2.3(17A)721�2.3(9,631). The filing fee may be paid by any other means authorized by the secretary of state.    40.1(6)   If a telecopier is used to deliver a document that is subject to the multiple copy requirement of Iowa Code section 490.130, the additional copy or copies shall be delivered by telecopier contemporaneously with the copy of the document to be filed.    40.(7) 40.1(9)   A document delivered by telecopierfax for filing may be rejected if the print quality of the document is deemed by agency personnel to be unacceptable for microfilmingscanning purposes. The secretary of state will notify the filing party by telephone, email, or regular mail of the rejection of a document pursuant to this subrule. The secretary of state will accept for filing the original copy of the document, effective on the date of the transmission by telecopierfax, if the original document is received in the office of the secretary of state within ten days of date of the notification of the rejection.       This rule is intended to implement Iowa Code chapterchapters 9 and490.

        ITEM 35.    Rescind rule 721�40.2(490,499,504A).

        ITEM 36.    Renumber rules 721�40.3(487,490,504A) to 721�40.9(488,489,490,504) as 721�40.2(487,490,504A) to 721�40.8(488,489,490,504).

        ITEM 37.    Amend renumbered rule 721�40.2(487,490,504A) as follows:

    721�40.2(487,490,504A486A,488,489,490,496C,499,501,501A,504) Names distinguishable upon corporate records.      40.2(1)   Except as provided in these rules, a name is considered distinguishable upon the records of the secretary of state if it contains one or more different letters or numerals, or if it contains a different sequence of letters or numerals. A single space used to divide a sequence of letters or numerals into separate words is considered to be a letter for the purpose of this subrule. Differences between singular and plural forms of words are distinguishable. Differences between numerals, Roman numerals, and words representing numerals are distinguishable. The following characters are considered as letters for the purpose of this subrule: $ (dollar sign); + (plus sign); % (percent sign); � (cent sign).    40.2(2)   The following words and abbreviations, when positioned as the last word or abbreviation in the corporatebusiness entity name, are not considered in determining whether a name is distinguishable upon the records of the secretary of state:    1a.    Corporation    2b.    Company    3c.    Incorporated    4d.    Limited
    1. Corp.
    2. Co.
    3. Inc.
    4. Ltd.
        e.    Benefit Corporation    f.    Cooperative    g.    Limited Partnership    h.    Limited Liability Partnership    i.    Registered Limited Liability Partnership    j.    Limited Liability Limited Partnership    k.    Professional Corporation    l.    Limited Company    m.    Limited Liability Company    n.    Professional Limited Liability Company    o.    Any abbreviation of any of the above        40.2(3)   The presence or absence of the words �limited partnership,� or the abbreviation �L.P.� in any limited partnership name, when positioned at the end of the name, is not considered in determining whether a name�protected series� or the abbreviation �PS� in the name of a protected series, when such words or abbreviation is meant to comply with Iowa Code section 489.14202(2)�b,� is not considered in determining whether the name of a protected series is distinguishable upon the records of the secretary of state.    40.2(4)   The presence or absence of the words �professional corporation� or the abbreviation �P.C.� in the name of any professional corporation, when positioned at the end of the name, is not considered in determining whether a name is distinguishable upon the records of the secretary of state.    40.2(5)   The presence or absence of the words �registered limited liability partnership,� or the abbreviation �L.L.P.� in any limited liability partnership name, when positioned at the end of the name, is not considered in determining whether a name is distinguishable upon the records of the secretary of state.    40.2(6)   The presence or absence of the words �limited liability company,� or the abbreviation �L.L.C.� or �L.C.� in any limited liability company name, when positioned at the end of the name, is not considered in determining whether a name is distinguishable upon the records of the secretary of state.    40.2(7)   Reserved.    40.2(8)   Reserved.    40.2(9)   Reserved.    40.2(10)   Reserved.    40.(11) 40.2(4)   Differences in punctuation and special characters are not considered in determining whether a name is distinguishable upon the records of the secretary of state. Punctuation and special characters include, but are not limited to:�(apostrophe)[(left bracket)](right bracket):(colon),(comma)�(dash)-(hyphen)!(exclamation point)((left parenthesis))(right parenthesis).(period)?(question mark)�(single quote mark)�(double quote mark);(semicolon)/(slash)*(asterisk)@(at sign)\(back slash){(left brace)}(right brace)^(caret)=(equal sign)>(greater than sign)<(less than sign)#(number sign)~(tilde)_(underline)    40.2(12)   Reserved.    40.(13) 40.2(5)   Differences in capitalization are not considered in determining whether a name is distinguishable upon the records of the secretary of state.    40.(14) 40.2(6)   Differences between an ampersand (&) and the word �and� are not considered in determining whether a name is distinguishable upon the records of the secretary of state.    40.2(15)   Reserved.    40.(16) 40.2(7)   In determining whether a name is distinguishable upon the records of the secretary of state, names found in the following records will not be considered:    1a.    Fictitious names.    2b.    Assumed names of nonprofit corporations.    3c.    Names of corporations (profit or nonprofit) whose certificates of incorporation have been canceled.    4d.    Names of corporations (profit or nonprofit) whose certificates of authorityor certificates of registration have been revoked.    5e.    Expired or terminated assumed names.    6f.    Expired name reservations.    7g.    Expired name registrations.       This rule is intended to implement Iowa Code sections 487.102(4), 490.401, 504A.6, and 504A.67486A.1002, 488.108, 489.108, 490.401, 496C.5, 499.4, 501.104, 501A.301, and 504.401.

        ITEM 38.    Amend renumbered rule 721�40.3(490,491,496C,497,498,499,504A) as follows:

    721�40.3(490489,491,496C,497,498,499,504A501,501A,504) Payment and refund of fees.      40.3(1)   The office of secretary of state requires a payment of all fees in full at the time of filing of any corporate document or request for copies.    40.3(2)   Filing under any of the corporation or cooperativebusiness entity chapters may be effected only upon the receipt of the correct filing fee. Failure to include the filing fee or partial payment of the filing fee will result in the return of the filing to the sender with instructions to include the correct filing fee.    40.3(3)   In the event that a filing fee overpayment is made, the amount in excess of the correct filing fee shall be returned to the filing party. No adjustment is required if the amount of overpayment is one dollar or less.    40.3(4)   This subrule implements the pilot project authorized by 2000 Iowa Acts, House File 2545, section 32, for fees required by Iowa Code section 490.122, subsection 1, paragraphs �a� and �s.�490.122(1)�a� and �v.�    a.    The secretary of state may refund payment of the corporate filing fees required pursuant to the provisions of Iowa Code section 490.122, subsection 1, paragraphs �a� and �s,�490.122(1)�a� and �v,� if, within five business days from the time the corporate filing is received and date stamped, the entity has not been entered on the records of the secretary of state.    b.    To receive a refund under this subrule, the corporatebusiness entity must make a written request with the business services division of the secretary of state�s office. The written request must specify the reason(s) for the refund and provide evidence of entitlement to the refund.    c.    The filing fee shall not be refunded if the corporate filing fails to satisfy all of the filing requirements of Iowa Code chapter 490.    d.    The decision of the secretary of state not to issue a refund under this subrule is final and not subject to review pursuant to the provisions of the Iowa administrative procedure Act.    40.3(5)   This subrule implements the pilot project authorized by 2000 Iowa Acts, House File 2545, section 32, for fees required by Iowa Code section 504A.85, subsections 1 and 9.504.113(1)�a� and �s.�    a.    The secretary of state may refund payment of the corporate filing fees required pursuant to the provisions of Iowa Code section 504A.85, subsections 1 and 9,504.113(1)�a� and �s,� if, within five business days from the time the corporate filing is received and date stamped, the entity has not been entered on the records of the secretary of state.    b.    To receive a refund under this subrule, the corporate entity must make a written request with the business services division of the secretary of state�s office. The written request must specify the reason(s) for the refund and provide evidence of entitlement to the refund.    c.    The filing fee shall not be refunded if the corporate filing fails to satisfy all of the filing requirements of Iowa Code chapter 504A504.    d.    The decision of the secretary of state not to issue a refund under this subrule is final and not subject to review pursuant to the provisions of the Iowa administrative procedure Act.

        ITEM 39.    Amend renumbered rule 721�40.4(491,496A,499,504A,548) as follows:

    721�40.4(491,496A,499,504A,548486A,488,489,490,499,501,501A,504) Document to county recorder.      40.4(1)   Any corporate document that is required by law to be filed in the office of the county recorder will be forwarded directly to the office of the county recorder in the county where the corporation�s registered office is located.    40.4(2)   Reserved.

        ITEM 40.    Amend renumbered rule 721�40.5(548) as follows:

    721�40.5(548) Registration and protection of marks.      40.5(1) Classification.  The following general classes of goods and services are established, but do not limit or extend the applicant�s or registrant�s rights, and a single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used comprised in a single class, but in no event shall a single application include goods or services upon which the mark is being used which fall within different classes of goods or services.The said classes are as follows:    GOODSClassTitle    1Raw or partly prepared materials    2Receptacles    3Baggage, animal equipments, portfolio, and pocketbooks    4Abrasives and polishing materials    5Adhesives    6Chemicals and chemical compositions    7Cordage    8Smokers� articles, not including tobacco products    9Explosives, firearms, equipments, and projectiles    10Fertilizers    11Inks and inking materials    12Construction materials    13Hardware,and plumbing, and steam-fitting supplies    14Metals and metal castings and forgings    15Oils and greases    16Paints and painters� materials    17Tobacco products    18Medicines and pharmaceutical preparations    19Vehicles    20Linoleum and oiled cloth    21Electrical apparatus, machines, and supplies    22Games, toys, and sporting goods    23Cutlery, machinery, and tools, and parts thereof    24Laundry appliances and machines    25Locks and safes    26Measuring and scientific appliances    27HorologicalClocks, watches, and other horological instruments    28Jewelry and precious-metal ware    29Brooms, brushes, and dusters    30Crockery, earthenware, and porcelain    31Filters and refrigerators    32Furniture and upholstery    33Glassware    34Heating, lighting, and ventilating apparatus    35Belting, hose, machinery packing, and nonmetallic tires    36Musical instruments and supplies    37Paper and stationery    38Prints and publications    39Clothing    40Fancy goods, furnishings, and notions    41Canes, parasols, and umbrellas    42Knitted, netted, and textile fabrics, and substitutes thereof    43Thread and yarn    44Dental, medical, and surgical appliances    45Soft drinks and carbonated waters    46Foods and ingredients of foods    47Wines    48Malt beverages and liquors    49Distilled alcoholic liquors    50Merchandise not otherwise classified    5150Cosmetics and toilet preparations    5251Detergents and soaps    52Digital products and software applications    53Goods not otherwise classified    SERVICESClassTitle    100MiscellaneousServices not otherwise classified    101Advertising and business    102Insurance and financial    103Construction, maintenance, and repair    104Communication    105Transportation and storage    106Material treatment, recycling, and waste disposal    107Education and entertainment    108Software as a service    109Medical    110Hair and cosmetic    111Restaurant and bar    112Real estate sales and property management    113Retail sales    40.5(2) Assistance in applications.  The secretary of state cannot give legal advice as to the nature and extent of the protection afforded by law nor advise as to the registrability of a specific mark except as questions may arise in connection with pending applications.    40.5(3) Incomplete or defective applications.  An application will not be filed unless the application and accompanying facsimiles or specimens are in proper form, comply with the statutory requirements and are accompanied by the statutory feeestablished by rule. Specimens which are metal need not be submitted, a facsimile being preferable in order to avoid filing problems. Documents not filed will be returned with a statement of the reasons therefor.    40.5(4) Registration dates.  The registration date is the date on which the mark is actually posted in the registration indices ofthe registration application is stamped received by the office of the secretary of state,if, after the application has been examined and found acceptable, it is allowed for registration.    40.5(5) Form of application.  The application shall be on a current form supplied by the secretary of state, be completed in the English language and plainly written or typed. If the mark or any part thereof is not in the English language, it must be accompanied by a sworn translation.    40.5(6) Withdrawal of application.  Prior to actual registration of the mark, the applicant, by written request, may withdraw the application.    40.5(7) Plurality of goods in single application.  A single application may recite a plurality of goods, or a plurality of services, comprised in a single class, provided the particular identification of each of the goods or services be stated and the mark is used or has been actually used on or in connection with all of the goods or in connection with all of the services specified.    40.5(8) Single class in one application.  A single application to register a mark for both goods and services or for goods or services in different classes will be rejected. Applications must be restricted to goods or services comprised in a single class.    40.5(9) Conflicts.  Whenever application is made for registration of a mark or trade name which so resembles a mark registered in this state or a mark previously used in this state by another and not abandoned,so as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive, a conflict shall be declared to exist and registration denied.    40.5(10) Conflicts between applications.  Conflicts between pending applications will be resolved on the basis of the claimed date of first use. The secretary of state may require affidavits and other proof of first use.    40.5(11) Record change on automatic transfer.  In the event of mergers or consolidations of corporations, a certified copy of such documents may be accepted to transfer ownership of marks.If the name of the owner of record of a mark is changed, and request for a change of the records is made, then written proof of such change can be made by sworn affidavit showing the manner or mode by which the change of ownership was made.    40.5(12) Change of address.  If the registered owner of a mark changes the address set forth on the registration, then written notice of such change of address must be given to the secretary of state. Such notice must clearly identify the mark or marks involved and must request that the change of address be noted on the records of the registration on file.

        ITEM 41.    Amend renumbered rule 721�40.6(80GA,SF2274) as follows:

    721�40.6(80GA,SF2274504) Revised nonprofit corporation Act fees.  The following are the fees for the revised nonprofit corporation Act, 2004 Iowa Acts, Senate File 2274Iowa Code section 504.113.    40.6(1)   The secretary shall collect the following fee when the documents described below are delivered to the secretary�s office for filing.Articles of incorporation $20Application for use of indistinguishable name $5Application for reserved name $10Notice of transfer of reserved name $10Application for registered name $2 per month or part thereofApplication for renewal of registered name $20Corporation�s statement of change of registered agent    or registered office or bothNo FeeAgent�s statement of change of registered office for    each affected corporation not to exceed a total ofNo FeeAgent�s statement of resignation No FeeAmendment of articles of incorporation $10Restatement of articles of incorporation with amendments $20Articles of merger $20Articles of dissolution $5Articles of revocation of dissolution $5Certificate of administrative dissolution No FeeApplication for reinstatement following    administrative dissolution$5Certificate of reinstatement No FeeCertificate of judicial dissolution No FeeApplication for certificate of authority $25Application for amended certificate of authority $25Application for certificate of withdrawal $5Certificate of revocation of authority to transact business No FeeBiennial report No FeeArticles of correction $5Application for certificate of existence or authorization $5Any other document required or permitted by the Act $5    40.6(2)   The secretary of state shall collect a fee of $5 each time process is served on the secretary under this chapter.    40.6(3)   The secretary of state shall collect the following fees for copying and certifying the copy of any filed document relating to a domestic or foreign corporation:    a.    $1 per page for copying.    b.    $5 per page for the certificate.

        ITEM 42.    Amend renumbered rule 721�40.7(488,489,490) as follows:

    721�40.7(488,489,490) Biennial reports.  The secretary of state shall collect the following fees at the time the documents described in this rule are delivered to the secretary for filing.    40.7(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 $45. This fee may be provided in the form of credit card, cash, personal check, cashier�s check, or money order, or by secretary of state charge account.     b.    The fee for an electronic filing through the secretary of state Internet website is $30. This fee must be paid by credit card or secretary of state charge account.     40.7(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 $45. This fee may be provided in the form of credit card, cash, personal check, cashier�s check, or money order, or by secretary of state charge account.     b.    The fee for an electronic filing through the secretary of state Internet website is $30. This fee must be paid by credit card or secretary of state charge account.

        ITEM 43.    Amend renumbered rule 721�40.8(488,489,490,504) as follows:

    721�40.8(488,489,490,504) Online filing requirements.  The following requirements apply to the electronic filing of documents and the certification of electronic documents. This rule applies to documents filed in conjunction with the filing requirements in Iowa Code chapters 488, 489, 490, and 504.    40.8(1)   Registered agents who file documents electronically must provide an email address to the secretary of state.    a.    If a registered agent does not have an email address, the agent shall provide the email address of another individual or entity designated to receive electronic correspondence on behalf of the registered agent.    b.    The registered agent shall notify the secretary of state within 60 days that the email address provided in compliance with this rule has been changed or discontinued.    c.    An email address disclosed in compliance with this rule shall not be viewed as a public record under Iowa Code chapter 22 and shall not be disclosed by the secretary of state.    d.    The secretary of state may use email for official correspondence with an entity, except when law requires delivery by United States mail.    40.8(2)   For filings requiring an online account, an applicant must follow the terms and conditions on the secretary of state�s Internet website for each electronic filing.    40.8(3)   All correspondence related to an electronic filing shall be handled electronically in accordance with the requirements set forth in the uniform electronic transactions Act, Iowa Code chapter 554D.    40.8(4)   Documents filed electronically shall be accompanied by the appropriate fee. This fee must be paid by check, credit card, or secretary of state charge account.

        ITEM 44.    Amend 721�Chapter 40, implementation sentence, as follows:       These rules are intended to implement Iowa Code chapters 490, 491, 499, 504, and 548and 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) as follows:

    721�42.2(9A,17A) General information.  Further information pertaining to the Registration of Athlete Agents Act and all application forms may be obtained by contacting the Secretary of State, CorporationsBusiness Services Division, Lucas State Office Building, Des Moines, Iowa 50319, (515)281-5204 during regular office hours, 8 a.m. to 4:30 p.m. Monday through Friday except legal holidays.

        ITEM 47.    Amend rule 721�43.1(9B) as follows:

    721�43.1(9B) Certificate of notarial acts.  A notarial act shall be evidenced by a certificate signed and dated by a notarial officer, be executed contemporaneously with the performance of the notarial act for which the certificate applies, and not be completed until the notarial act has been performed. The certificate shall include all of the information required by Iowa Code section 9B.15(1). A certificate of a notarial act is sufficient if it meets the requirements set out in Iowa Code section 9B.15(3). A certificate of a notarial act performed under Iowa Code section 9B.14Aas enacted by 2019 Iowa Acts, chapter 44, section 6, must also meet the requirements of Iowa Code section 9B.14A(4)as enacted by 2019 Iowa Acts, chapter 44, section 6.

        ITEM 48.    Amend rule 721�43.2(9B) as follows:

    721�43.2(9B) Short form certificates.  Short form certificates of notarial acts may be used provided the certificates comply with the provisions of Iowa Code sections 9B.15 and 9B.16. For purposes of this rule, a �record� and an �instrument� have the same meaning and effect. A short form certificate of a notarial act performed under Iowa Code section 9B.14Aas enacted by 2019 Iowa Acts, chapter 44, section 6, must meet the requirements of Iowa Code section 9B.14A(5)as enacted by 2019 Iowa Acts, chapter 44, section 6.

        ITEM 49.    Amend rule 721�43.5(9B) as follows:

    721�43.5(9B) Commission as notary public.  An individual applying to the secretary of state for a commission as a notary public shall comply with the requirements and qualifications of Iowa Code section 9B.21.     43.5(1) Application.  The applicant shall complete and file with the secretary of state an Application for Appointment as Notary Public. The affirmation section on an Application for Appointment as Notary Public shall constitute an executed oath of office as required by Iowa Code section 9B.21(3). An individual who wishes to perform notarial acts for remotely located individuals shall also complete and file with the secretary of state an additional application containing information indicating that the applicant meets the additional training and technology requirements of Iowa Code section 9B.14Aas enacted by 2019 Iowa Acts, chapter 44, section 6, and this chapter, as well as any additional information the secretary of state may require.    43.5(2) Reapproval.  A notary public�s approval to perform notarial acts for remotely located individuals shall expire on the same date as the individual�s notary public commission. Two months preceding the expiration of approval, the secretary of state shall notify the notary public of the expiration date and furnish an application for reapproval. The secretary of state may provide for combining its reappointment and reapproval forms.    43.5(3) Training.      a.    A notary public who wishes to begin performing notarial acts under Iowa Code section 9B.14Aas enacted by 2019 Iowa Acts, chapter 44, section 6, shall, within the six-month period immediately preceding the first performance of such an act, satisfactorily complete a training course approved by the secretary of state concerning the requirements and methods for performing notarial acts for remotely located individuals and shall provide satisfactory proof to the secretary of state that the applicant has completed the course.     b.    An applicant for reappointment as a notary public who currently holds a notary public commission, who wishes to continue performing notarial acts under Iowa Code section 9B.14Aas enacted by 2019 Iowa Acts, chapter 44, section 6, and who has satisfactorily completed the initial training course required by paragraph 43.5(3)�a� at least one time prior to the 12-month period immediately preceding application for reappointment shall, within the 6-month period immediately preceding the deadline for application for reappointment, satisfactorily complete an update course approved by the secretary of state concerning the requirements and methods for performing notarial acts for remotely located individuals and shall provide satisfactory proof to the secretary of state that the applicant has completed the course.

        ITEM 50.    Amend rule 721�43.7(9B) as follows:

    721�43.7(9B) Protection of recording and personally identifiable information.  A notary public shall protect from unauthorized access the recording of a notarial act pursuant to Iowa Code section 9B.14A(3)�c�as enacted by 2019 Iowa Acts, chapter 44, section 6, and any �personally identifiable information� as defined in Iowa Code section 9B.14C(1)as enacted by 2019 Iowa Acts, chapter 44, section 8, disclosed during the performance of an electronic notarial act using audiovisual communications, except as permitted pursuant to Iowa Code sections 9B.14C(2) and 9B.14C(3)as enacted by 2019 Iowa Acts, chapter 44, section 8.

        ITEM 51.    Amend rule 721�43.9(9B) as follows:

    721�43.9(9B) Standards for communication technology and identity proofing for notarial acts performed for remotely located individuals.      43.9(1)   A notary public may not perform a notarial act for a remotely located individual unless the technology identified by the notary public pursuant to Iowa Code section 9B.14A(7)as enacted by 2019 Iowa Acts, chapter 44, section 6, satisfies all of the following:    a.    Has been approved by the secretary of state in accordance with this chapter.    b.    Provides continuous, synchronous audiovisual feeds.    c.    Provides sufficient video resolution and audio clarity to enable the notary public and remotely located individual to see and speak with each other simultaneously through live, real-time transmission.    d.    Provides sufficient captured image resolution for identity proofing performed in accordance with Iowa Code section 9B.14A(3)as enacted by 2019 Iowa Acts, chapter 44, section 6.    e.    Provides a means of authentication that reasonably ensures only authorized parties have access to the audiovisual record of the performed notarial act.     f.    Provides for the recording of the electronic notarial act in compliance with this chapter and Iowa Code section 9B.14Aas enacted by 2019 Iowa Acts, chapter 44, section 6, in sufficient quality to ensure the verification of the electronic notarial act.    g.    Ensures that any change to or tampering with an electronic record before or after the electronic notarial seal has been affixed and the electronic notarial act has been completed is evident.    h.    Provides confirmation that the electronic record presented is the same electronic record notarized.    i.    Provides a means of electronically affixing the notary�s official stamp to the notarized document.    j.    Provides an electronic notary journal that complies with the provisions of this chapter to document the electronic notarial acts.    k.    Provides security measures the secretary of state deems reasonable to prevent unauthorized access toall of the following:    (1)   The live transmission of the audiovisual communication.    (2)   A recording of the audiovisual communication.    (3)   The verification methods and credentials used in the identity proofing procedure.    (4)   The electronic records presented for online notarization.    (5)   Any personally identifiable information used in the identity proofing or credential analysis.    43.9(2)   Identity proofing and credential analysis must be performed by a third-party credential service provider whose methods and standards are substantially similar to those defined in the most recent edition of the National Institute of Standards and Technology�s Digital Identity Guidelines, and that has provided evidence to the notary public of the ability to satisfy the following requirements:    a.    Identity proofing is performed through dynamic knowledge-based authentication which meets the following requirements:    (1)   Principal must answer a quiz consisting of a minimum of five questions related to the principal�s personal history or identity, formulated from public and proprietary data sources;    (2)   Each question must have a minimum of five possible answer choices;    (3)   At least 80 percent of the questions must be answered correctly;    (4)   All questions must be answered within two minutes;    (5)   If the principal fails the first attempt, the principal may retake the quiz one time within 24 hours;    (6)   During the retake, a minimum of 60 percent of the prior questions must be replaced;    (7)   A principal who fails the second attempt is not permitted to retry with the same notary public for 24 hours; and    (8)   A principal who fails the third attempt is not permitted to make any further attempts.    b.    Credential analysis is performed utilizing public and proprietary data sources to verify the credential presented by the principal.    c.    Credential analysis shall, at a minimum, do all of the following:    (1)   Use automated software processes to aid the notary public in verifying the identity of a principal or any credible witness;.    (2)   Ensure that the credential passes an authenticity test, substantially similar to those defined in the most recent edition of the National Institute of Standards and Technology�s Digital Identity Guidelines, that:    1.   Uses appropriate technology to confirm the integrity of visual, physical, or cryptographic security features;    2.   Uses appropriate technology to confirm that the credential is not fraudulent or inappropriately modified;    3.   Uses information held or published by the issuing source or authoritative source(s), as available, to confirm the validity of personal details and credential details; and    4.   Provides output of the authenticity test to the notary public.    (3)   Enable the notary public to visually compare the following for consistency: the information and photo, if the credential presented contains a photo, presented on the credential itself and the principal as viewed by the notary public in real time through audiovisual transmission.    d.    If the principal must exit the workflow, the principal must meet the criteria outlined in this rule and must restart the identity proofing and credential analysis from the beginning.    43.9(3)   Upon change of any of the technology identified by the notary public pursuant to Iowa Code section 9B.14A(7)as enacted by 2019 Iowa Acts, chapter 44, section 6, which affects compliance with the requirements of Iowa Code chapter 9B or this chapter, the provider of the technology shall immediately notify the secretary of state and all Iowa notaries public using its technology of the change. Information that qualifies as trade secret under Iowa law shall be kept confidential in accordance with Iowa Code section 22.7(3). It is the responsibility of the provider to specify to the secretary of state the information it believes falls within the definition of �trade secret� under Iowa Code section 550.2(4) and other applicable law.

        ITEM 52.    Amend rule 721�43.10(9B) as follows:

    721�43.10(9B) Providers of communication technology.      43.10(1) Provider requirements.  A notary public authorized to perform notarial acts for remotely located individuals may only use a provider of communication technology for the audiovisual recording of electronic notarial acts subject to the provisions of this chapter and Iowa Code sections 9B.14Aas enacted by 2019 Iowa Acts, chapter 44, section 6, and 9B.14Bas enacted by 2019 Iowa Acts, chapter 44, section 7, if the provider:    a.    Has registered with and been approved by the secretary of state in accordance with this chapter;    b.    Allows the remote notary public sole control of the recording of the electronic notarial act using audiovisual communication, subject to the authorized access granted by the notary; and    c.    Provides the notary with access to the recording of the electronic notarial act using audiovisual communication pursuant to this chapter.    43.10(2) Backup strategy requirement�release of records to secretary of state.      a.    The secretary of state may not approve a provider of communication technology as defined in Iowa Code section 9B.14A(1)�a�as enacted by 2019 Iowa Acts, chapter 44, section 6, unless the provider uses a backup strategy that is acceptable to the secretary of state for use as a record keeper for any record that is related to a remote notarial act.    b.    If the provider of communication technology and the owner of the backup strategy described in paragraph 43.10(2)�a� are the same entity, in the event that the provider ceases business operations, the provider shall notify the secretary of state in advance of such cessation of business operations and, at the secretary of state�s request, shall release to the secretary of state any record described in paragraph 43.10(2)�a.�    c.    If the provider of communication technology and the owner of the backup strategy described in paragraph 43.10(2)�a� are separate entities, the provider shall sign an agreement with the owner of the backup strategy that, in the event that the provider or the owner ceases business operations, the entity ceasing business operations shall notify the other entity and the secretary of state in advance of such cessation of business operations, and, at the secretary of state�s request, the owner of the backup strategy shall release to the secretary of state any record described in paragraph 43.10(2)�a.�    43.10(3) Protection of recording and personally identifiable information.  A provider of communication technology shall protect from unauthorized access the recording of a notarial act pursuant to Iowa Code section 9B.14A(3)�c�as enacted by 2019 Iowa Acts, chapter 44, section 6, and any �personally identifiable information� as defined in Iowa Code section 9B.14C(1)as enacted by 2019 Iowa Acts, chapter 44, section 8, disclosed during the performance of an electronic notarial act using audiovisual communications.

        ITEM 53.    Amend paragraph 43.11(1)"a" as follows:    a.    A provider of communication technology that wishes to apply for approval by the secretary of state for use of its technology by Iowa notaries public to perform notarial acts under Iowa Code section 9B.14Aas enacted by 2019 Iowa Acts, chapter 44, section 6, shall submit a registration electronically to the secretary of state, which shall include:    (1)   Legal name of the provider of communication technology;    (2)   How the business is organized;    (3)   Mailing address of the provider of communication technology;    (4)   Physical address of the provider of communication technology;    (5)   Name and title of contact person at the provider of communication technology;    (6)   Phone number of contact person named in subparagraph 43.11(1)�a�(5);    (7)   Name of communication technology provided;    (8)   Description of the technology used to ensure compliance with the provisions of Iowa Code chapter 9B and this chapter;    (9)   Name of the provider or providers of the knowledge-based authentication, credential analysis, and digital certificate services;    (10)   Plan for the retention and storage of data including, but not limited to, records, journals, and recordings in the event the provider of communication technology no longer provides the technology for use by Iowa notaries public for any reason; and    (11)   Declaration that the communication technology complies with all Iowa laws.

        ITEM 54.    Amend subrule 45.1(1) as follows:    45.1(1) Scope.  This chapter applies to the creation and administration of a mechanics� notice and lien registry under Iowa Code chapter 572. Allfiled mechanics� liens filedon or after January 1, 2013, must be posted in the office of the administrator in accordance with these rules. The residential notice provisions of these rules apply to labor performed and materials supplied on or after January 1, 2013.Mechanics� liens filed prior to January 1, 2013, shall remain with the clerk of the district court of the county in which the building, land, or improvement charged with the lien is situated.Rules 721�45.4(572) and 721�45.5(572) apply only to residential construction. All other rules in this chapter apply to both residential and commercial construction.

        ITEM 55.    Amend rule 721�45.2(572) as follows:

    721�45.2(572) Creation of mechanics� notice and lien registry.  The administrator shall create and administer a mechanics� notice and lien registry, hereafter known as the MNLR.    45.2(1) Access to MNLR by the general public.  The MNLR shall be accessible to the general public through the administrator�s Web sitewebsite at www.sos.iowa.gov/mnlr. A notice, lien or any other document posted is immediately accessible to the general public.    45.2(2) MNLR searchable by index.  The MNLR shall be searchable by the following indexes:    a.    Owner name.    b.    General contractor name.    c.    MNLR number.     d.    Property address.     e.    Legal description.    f.    Tax parcel identification number.    g.    County.    45.2(3) Acknowledgment of receipt.  The administrator shall provide a receipt acknowledging submission of a notice if the submission of information is by U.S. mail, facsimile transmission, personal delivery, or courier delivery, or acknowledging submission of a lien if the submission of information is by U.S. mail. The acknowledgment shall be sent to the e-mailemail address provided by the person submitting the required information to post a notice or lien.    45.2(4) MNLR user registration.  To post information on the MNLR Internet Web sitewebsite, the person must register as a user on the MNLR. Procedures for MNLR user registration and allowed use of the MNLR shall be posted on the administrator�s Web sitewebsite.

        ITEM 56.    Amend rule 721�45.3(572) as follows:

    721�45.3(572) Administrator identification.  In addition to the promulgation of these rules, the administrator will disseminate the administrator�s location, mailing address, telephone and facsimile numbers, and the administrator�s Internetwebsite and other electronic �addresses�addresses through usual and customary means.

        ITEM 57.    Amend rule 721�45.4(572) as follows:

    721�45.4(572) Posting of notice of commencement of work.      45.4(1) Posting by general contractor.   A general contractor for residential construction shall post a notice of commencement of work to the MNLR within ten days of commencement of work, or the general contractor is not entitled to a lien or remedies provided in Iowa Code chapter 572.    45.4(2) Information in notice of commencement of work.  The information provided shall, at a minimum, include:    a.    The name and address of the owner.    b.    The name, address, and telephone number of the general contractor or owner-builder.    c.    The address of the property or a description of the location of the property if the property cannot be reasonably identified by an address.    d.    The legal description of the property.    e.    The date work commenced.    f.    The tax parcel identification number.    g.    The countyor counties in which the building, land, or improvement to be charged with the lien is situated.    h.    The e-mailemail address of the person posting or submitting the notice of commencement of work or the e-mailemail address of another individual or entity designated to receive electronic correspondence on behalf of this person.    45.4(3) Commencement of work owner notice.  At the time a notice of commencement of work is posted on the MNLR, the administrator shall mail a written owner notice to the owner�s address. If the owner�s address is different than the property address, a copy of the notice shall also be sent to the property address, addressed to the owner.    a.    The owner notice shall be in boldface type and of a minimum size of ten points and contain the following language:�Persons or companies furnishing labor or materials for the improvement of real property may enforce a lien upon the improved property if they are not paid for their contributions, even if the parties have no direct contractual relationship with the owner. The mechanics� notice and lien registry provides a listing of all persons or companies furnishing labor or materials who have posted a lien or who may post a lien upon the improved property. If the person or company has posted its notice or lien to the mechanics� notice and lien registry, you may be required to pay the person or company even if you have paid the general contractor the full amount due. Therefore, check the mechanics� notice and lien registry internet website for information about the property including persons or companies furnishing labor or materials before paying your general contractor. In addition, when making payment to your general contractor, it is important to obtain lien waivers from your general contractor and from persons or companies registered as furnishing labor or materials to your property. The information in the mechanics� notice and lien registry is posted on the internet website of the mechanics� notice and lien registry.�    b.    The owner notice shall include the MNLR Internet Web sitewebsite address and MNLR toll-free telephone number.

        ITEM 58.    Amend rule 721�45.5(572) as follows:

    721�45.5(572) Posting of preliminary notice.      45.5(1) Posting by subcontractor.      a.    A subcontractor for residential construction who has provided or will provide labor or furnish material for residential construction shall post a preliminary notice to the MNLR, or the subcontractor is not entitled to a lien or remedies provided in Iowa Code chapter 572.    b.    Prior to the posting of a preliminary notice, a notice of commencement of work must be posted on the MNLR. If the general contractor or owner-builder has not posted a notice of commencement of work on the MNLR within ten days of commencement of work on the property, then the subcontractor may post a notice of commencement of work on the MNLR prior to posting the preliminary notice. In order to post a notice of commencement of work on the MNLR, the subcontractor must comply with subrule 45.4(2).    45.5(2) Contents of preliminary notice.  The information provided by the subcontractor shall, at a minimum, include:    a.    The name of the owner.    b.    The MNLR number.    c.    The name, address, and telephone number of the subcontractor furnishing the labor, service, equipment, or material.    d.    The name and address of the person who contracted with the claimant for the furnishing of the labor, service, equipment, or material.    e.    The name of the general contractor or owner-builder under which the claimant is performing or will perform the work.    f.    The address of the property or a description of the location of the property if the property cannot be reasonably identified by an address.    g.    The legal description of the property.    h.    The date the material or materials were first furnished or the labor was first performed.    i.    The tax parcel identification number.    j.    The countyor counties in which the building, land, or improvement to be charged with the lien is situated.    k.    The e-mailemail address of the subcontractor or the e-mailemail address of another individual or entity designated to receive electronic correspondence on behalf of the subcontractor.    45.5(3) Preliminary notice owner notice.  At the time that a preliminary notice is posted on the MNLR, the administrator shall mail a written owner notice, as provided in paragraphs 45.4(3)�a� and 45.4(3)�b,� to the owner�s address. An owner-builder shall not receive an owner notice.    45.5(4) Proof of service of owner notice.  The administrator shall post a proof of service on the MNLR. The subcontractor may obtain a copy by downloading the proof of service from the record of postings by MNLR number.

        ITEM 59.    Amend rule 721�45.6(572) as follows:

    721�45.6(572) Posting of mechanic�smechanics� lien.      45.6(1) Posting of mechanic�s lien.  A person must post on the MNLR a verified statement of account of the demand due the person, after allowing all credits.    45.6(2) Contents of the statement of account.  The verified statement of account provided by the person shall include:    a.    The date when such material was first furnished or labor first performed, and the date on which the last of the material was furnished or the last of the labor was performed.    b.    The legal description of the property to be charged with the lien.    c.    The name and last-known mailing address of the owner of the property.    d.    The address of the property or a description of the location of the property if the property cannot be reasonably identified by an address.    e.    The tax parcel identification number.    45.6(3) Mechanic�sMechanics� lien owner notice.  At the time that a lien is posted on the MNLR, the administrator shall mail a copy of the lien to the owner�s address. The owner notice shall include the MNLR Internet Web sitewebsite address and MNLR toll-free telephone number.    45.6(4) Identification of lien countyor counties.  A lien posted to the MNLR under this rule shall be limited to the countyor counties in which the building, land, or improvement to be charged with the lien is situated. The countyor counties identified on the MNLR Web sitewebsite at the time of posting the required notices in rules 721�45.4(572) and 721�45.5(572) shall be the only countyor counties in which the building, land, or improvement may be charged with a mechanic�smechanics� lien.    45.6(5) Lien information contained in posting.  The liens posted on the MNLR shall contain the following items:    a.    The name of the person by whom posted.    b.    The date and hour of posting.    c.    The amount thereof.    d.    The name of the person against whom the lien is posted.    e.    The legal description of the property to be charged.    f.    The tax parcel identification number of the property to be charged.    g.    The address of the property or a description of the location of the property if the property cannot be reasonably identified by an address.    45.6(6) Additional information for posting of a mechanic�smechanics� lien for commercial property.  The person posting the mechanic�smechanics� lien for a commercial property must register as a user with the MNLR and must provide the following additional information:    a.    The name and mailing address of the owner.    b.    The name, address, and telephone number of the general contractor or owner-builder.    c.    The countyor counties in which the building, land, or improvement to be charged with the lien is situated.    d.    The e-mailemail address of the person posting or submitting the mechanic�smechanics� lien or the e-mailemail address of another individual or entity designated to receive electronic correspondence on behalf of the person posting the lien.

        ITEM 60.    Adopt the following new subrule 45.8(3):    45.8(3) Affidavit for release of bond.  Upon satisfaction or forfeiture of a mechanics� lien, the owner may release a bond submitted to discharge the lien pursuant to Iowa Code section 572.15 by submitting to the administrator an affidavit for release of bond.

        ITEM 61.    Amend rule 721�45.11(572) as follows:

    721�45.11(572) Nondisclosure of MNLR information.   The following information, provided in compliance with this chapter, shall not be viewed as a public record under Iowa Code chapter 22 and shall not be disclosed by the administrator:
    1. An e-mailemail address.
    2. MNLR user account or payment information.

        ITEM 62.    Amend rule 721�45.12(572) as follows:

    721�45.12(572) Obligation to update information.  The administrator may use e-mailemail for official correspondence with a registered user, except when law requires delivery by U.S. mail. If the registered user wants to receive timely notice by the administrator, it is the obligation of the registered user to update the user�s contact information on the MNLR.

        ITEM 63.    Amend rule 721�45.13(572) as follows:

    721�45.13(572) Fees and services.      45.13(1) Fee for posting and mailing.  The following fees shall be charged for posting on the MNLR and for the mailing of notices:    a.    The fee for posting a notice of commencement of work using the Internet Web sitewebsite is $7. The fee for posting a notice of commencement of work by submitting the notice to the administrator by U.S. mail, facsimile, personal delivery, or courier delivery is $10.    b.    The fee for posting a preliminary notice on the MNLR using the Internet Web sitewebsite is $7. The fee for posting a preliminary notice by submitting the notice to the administrator by U.S. mail, facsimile, personal delivery, or courier delivery is $10.    c.    The fee for posting a mechanic�smechanics� lien using the Internet Web sitewebsite is $30. The fee for posting a mechanic�smechanics� lien by submitting the lien to the administrator by U.S. mail is $40.    d.    The fee for mailing a copy of the demand for acknowledgment is $5 per party�s mailing address.    e.    The fee for mailing a copy of the demand to commence action is $5 per party�s mailing address.    f.    The fee for posting a correction statement is $5 to mail a new owner notice.    45.13(2) Searching the MNLR.  A search of the MNLR by index list is available at no cost via the administrator�s Web sitewebsite. Any person may search the MNLR without registering as an MNLR user. When a search of the MNLR is performed by the administrator, the following fees apply:    a.    The fee for an MNLR search request is $5. The search will only be performed if an MNLR number is provided by the requester. Other than by MNLR number, no other search will be performed by the administrator. The request may be made by verbal communication, on paper, by facsimile, or by e-mailemail. The search provides the requester with a copy of the summary of postings for the provided MNLR number, and an estimate of the cost to obtain a paper copy of the documents listed on the summary of postings.    b.    The fee for a paper copy of a document posted on the MNLR is:    (1)   $1 per page, delivered by U.S. mail.    (2)   $2 per page, delivered by facsimile machine.Documents will not be delivered via e-mailemail.    45.13(3) Public records services.  Public records services are provided on a nondiscriminatory basis to any member of the public on the terms described in these rules. The following fees shall be charged for obtaining copies of MNLR documents and copies of data from the MNLR information management system, as generated and provided by the administrator, by the following methods:    a.    Paper copies of individual documents. The requester must provide the MNLR document number.    (1)   U.S. mail delivery � $1 per page.    (2)   Facsimile delivery � $2 per page. Documents will not be delivered via e-mailemail.     b.    Data download.    (1)   Subscription service that allows a subscriber to electronically receive data fields via a spreadsheet format (unlimited downloads): $500 annual fee, renewable January 1 each year. For subscribers, bulk copies of PDF images of postings may be purchased for 4 cents per document, delivered to the subscriber on a computer disk.(2)   One-time full extract of data for a calendar year via download: up to $1,000 per year. In addition to the purchase of the download, a requester for full data extract may purchase a copy of all PDF images of postings for the calendar year for 4 cents per document, delivered to the requester on a computer disk.    45.13(4) Methods of payment.  Fees for posting, mailing, and searching rendered by the administrator may be paid to the administrator by the following methods:    a.    Check. Checks made payable to administrator, including checks in an amount to be filled in by the administrator but not to exceed a particular amount, will be accepted for payment if they are cashier�s checks or certified checks drawn on a bank acceptable to the administrator or if the drawer is acceptable to the administrator.    b.    Electronic funds transfer. The administrator may accept payment via electronic funds transfer under National Automated Clearing Housing Association (NACHA) rules from persons who have entered into appropriate NACHA-approved arrangements for such transfers and who authorize the relevant transfer pursuant to such arrangements and rules.    c.    Accounts receivable. Payment for services shall be in accordance with rule 721�2.3(17A).    d.    Credit card. The administrator may accept payments made by credit card issued by an approved credit card issuer.    45.13(5) Receipt of required fees verified.      a.    A receipt of the required fee must be verified by the administrator to post to the MNLR. The administrator may reject a submission or posting; or post a withdrawal statement on the MNLR if the administrator is notified of insufficient funds, a disputed credit card charge, or other failure. A posting rejected for insufficient funds shall be identified as such by the administrator on the MNLR. If a posting is withdrawn by the administrator for failure to pay the required fee, the MNLR document number will be unavailable to select for posting a mechanic�s lien; the original posting with funds verified may be reposted by the MNLR user.    b.    In order for the administrator to provide a requested copy of an MNLR search or public record, receipt of the required fee must be verified by the administrator.    45.13(6) Overpayment and underpayment policies.      a.    The administrator shall refund the amount of an overpayment exceeding $15, less the administrative cost of processing a refund.    b.    Upon receipt of a submission with an insufficient fee, the administrator shall return the document as provided in rule 721�45.14(572). A refund of partial payment may be included with the document or delivered under separate cover.

        ITEM 64.    Amend rule 721�45.14(572) as follows:

    721�45.14(572) Grounds for refusal of a posting or submission.   A posting or submission may be refused by the administrator on the following grounds:
    1. 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;
    2. 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;
    3. The required fee is not paid for a submission or posting or the fee paid for the submission or posting is insufficient;
    4. A submission is not on a form provided by the administrator for the purpose of performing the requested posting; or
    5. A submission is not legible, as determined by the administrator.
    Additional grounds for the administrator�s refusal to accept an MNLR document for posting may be established by policy. The policy shall be noticed to the public by the posting of the policy on the MNLR Web sitewebsite.

        ITEM 65.    Amend rule 721�45.15(572) as follows:

    721�45.15(572) Posting of a filing office statement, correction statement, or withdrawal statement.      45.15(1) Filing office statement.  The administrator may post a filing office statement to correct information that was incorrectly transcribed from a paper submission.    45.15(2) Correction statement.  A correction statement for a commencement of work or a preliminary notice is an electronic posting by a registered MNLR user. A correction statement does not allow for a change in the countyor counties where the building, land or improvement to be charged with the lien is situated; in the date of the commencement of work; or in the date that material was first furnished or labor was first performed by the subcontractor.    45.15(3) Withdrawal statement.      a.    A withdrawal statement of an original posting of a notice or lien shall be made by the general contractor, owner-builder, or subcontractor, or party authorized on behalf of the original party, who originally posted the record on the MNLR. The MNLR number is required at the time the withdrawal statement is posted to identify the posting to be withdrawn.    b.    A withdrawal statement of an original posting of a notice, lien or other document may be made by the administrator as provided in subrule 45.13(5).    45.15(4) Notice of filing office statement, correction statement, or withdrawal statement to registered users.  At the time of the posting of a filing office statement, a correction statement, or a withdrawal statement, a notice will be sent by e-mailemail to all registered users, except the administrator, who have posted to the MNLR number.

        ITEM 66.    Amend rule 721�45.16(572) as follows:

    721�45.16(572) Assignment of date and time stamp and MNLR number.      45.16(1) Method and time of posting.      a.    For a notice of commencement of work or preliminary notice, the posting shall be date- and time-stamped as follows:    (1)   If posted electronically on the MNLR, the time of posting shall be upon posting of all required information and payment of the required fees.    (2)   If the required information and fee are submitted by U.S. mailor facsimile transmission to the filing office, the administrator shall post to the MNLR within three business days of receipt.    (3)   If the required information and fee are submitted by facsimile transmission to the filing office, the administrator shall post to the MNLR within three business days of receipt.    (4)   (3)   If the required information and fee are submitted by personal delivery or courier delivery to the filing office�s street address, the administrator shall post to the MNLR within three business days of receipt.    b.    For a mechanic�s lien, demand for acknowledgement of satisfaction of claim, demand to commence action to enforce the lien, bond to discharge a mechanic�s lien, or bond to prevent exemplary damages, the posting will be date- and time-stamped as follows:    (1)   If posted electronically on the MNLR, the time of posting shall be upon submission of all required information and payment of the required fees.    (2)   If the required information and fee are submitted by U.S. mail to the filing office, the administrator shall post to the MNLR within three business days of receipt.    c.    For a filing office statement, a correction statement, or a withdrawal statement, the posting shall be date- and time-stamped at the time the statement is posted electronically on the MNLR by the registered MNLR user.    45.16(2) Assignment of an MNLR number.   The administrator shall assign an MNLR number at the time that a notice of commencement of work or a mechanic�s lien on a commercial property is posted on the MNLR.        [Filed 8/2/23, effective 9/27/23][Published 8/23/23]Editor�s Note: For replacement pages for IAC, see IAC Supplement 8/23/23.
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