Iowa Legislature: Bulletin_9_20

Bulletin 09-20-2023

Front matter not included

ARC 7069CAgriculture and Land Stewardship Department[21]Notice of Intended Action

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

The Agriculture and Land Stewardship Department hereby proposes to amend Chapter 52, “Marketing,” Iowa Administrative Code.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in 2023 Iowa Acts, House File 700.State or Federal Law Implemented This rulemaking implements, in whole or in part, 2023 Iowa Acts, House File 700.Purpose and Summary The proposed rulemaking implements 2023 Iowa Acts, House File 700, by creating rules for the Dairy Innovation Program. The proposed rules create definitions, provide eligibility criteria, and establish the application and review process as well as criteria to score applications. The proposed rules also establish grant agreement terms and provide an explanation for how grant funds will be disbursed to awardees.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 21—Chapter 8.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 the Department no later than 4:30 p.m. on October 13, 2023. Comments should be directed to: Colin Tadlock Iowa Department of Agriculture and Land Stewardship Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Phone: 515.518.7609 Email: colin.tadlock@iowaagriculture.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: October 13, 2023 1 p.m. Second Floor Conference Room Wallace State Office Building Des Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees 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. Reserve rules 21—52.25 to 21—52.40.

ITEM 2. Adopt the following new division heading after rule 21—52.40:DAIRY INNOVATION PROGRAM

ITEM 3. Adopt the following new rules 21—52.41(159) to 21—52.47(159):

21—52.41(159) Definitions. For purposes of this division: "Agreement" means a contract for financial assistance under the program describing the terms on which the financial assistance is to be provided. "Applicant" means a person applying for assistance under the program. This includes but is not limited to an individual or business. "Grant" means an award of financial assistance with the expectation that, with the fulfillment of the conditions, terms, and obligations of the agreement with the department for the project, repayment of funds is not required by the recipient. "Project" means an activity or activities undertaken by the applicant to be carried out to meet the goals of the program. "Recipient" means a person who has applied for and been chosen to receive financial assistance through the program.

21—52.42(159) Eligibility. 52.42(1) Eligible businesses. The department has the sole authority in determining the eligibility of an applicant for participation in the program. To be eligible for a grant under the dairy innovation program, an applicant shall meet all the eligibility requirements in Iowa Code section 159.31A(4) as enacted by 2023 Iowa Acts, House File 700, as well as the following: a. The business must currently be permitted by the department or actively working with the department to obtain a permit. b. The business must not have been subject to any department license or permit suspension or revocation within the last five years from the date of the application submission. 52.42(2) Eligible projects. To be eligible for a grant under the program, a project shall meet the requirements of Iowa Code section 159.31A as enacted by 2023 Iowa Acts, House File 700, as well as the following requirements: a. Not be in progress until a grant is awarded. b. Be completed in 12 months or less. c. Be conducted in Iowa. 52.42(3) Ineligible expenses. The following items are not eligible expenses under the program: a. Expenses incurred prior to the awarding of a grant. b. Start-up costs including but not limited to inventory, license, or permit fees or working capital. c. Advertising, public relations, or entertainment costs. d. Employee benefits and wages. e. Paying off existing debt, related collection costs, or legal costs. f. Paying off existing fines, penalties, or settlements from failure to comply with any applicable law or regulations. 52.42(4) Grant amount and terms. The maximum amount of financial assistance awarded to a recipient under the program shall not exceed $100,000.

21—52.43(159) Application and review process. 52.43(1) The department will establish a uniform application process and make information about applying available on its website. 52.43(2) Applications will only be accepted during the times established by the department. Late submissions will not be accepted. 52.43(3) An applicant must demonstrate the ability to provide matching support for the project on a one-to-one basis. The matching financial support shall be from private sources. 52.43(4) A scoring committee established by the department will review and evaluate applications based on the scoring criteria described in rule 21—52.44(159). 52.43(5) Projects for processing and projects for labor-reducing technology will be scored independently of each other. 52.43(6) The department, after considering the recommendations made by the scoring committee, will determine which applications to fund and how much should be awarded to each applicant. The department has final decision-making authority on requests for financial assistance for the program. The department will notify the applicant in writing of the approval or denial.

21—52.44(159) Scoring criteria. 52.44(1) Application scoring. A scoring committee will be established by the department to evaluate applications with a score of 0 to 100. Projects receiving a score below 60 will not be considered. 52.44(2) Scoring criteria. The department will use the following criteria to evaluate each application: a. The extent to which the project addresses the goals of the program to create new jobs, expand opportunities and provide greater flexibility or convenience for local small-scale farmers, and reduce labor associated with the on-farm production and storage of milk: 25 points. b. The sufficiency of the project’s budget and financing structure: 20 points. c. The sufficiency of the project’s proposed work plan and timeline including a detailed description of the steps the applicant will take to complete the project as well as estimated dates: 20 points. d. The ability of the applicant to demonstrate sound business management, financial aptitude, and stability: 15 points. e. The extent to which measurable objectives can be determined that demonstrate the proposed project’s benefit to the agriculture community: 10 points. f. The completeness of the application information and sufficiency of detail used to describe the project in the application: 10 points.

21—52.45(159) Grant agreement. 52.45(1) Agreement terms. An agreement shall not be for more than one year. The department, in its sole discretion, may grant an extension, not to exceed three months, if the department determines extenuating circumstances are likely to delay or have delayed the completion of the project. 52.45(2) Termination of agreement. An agreement shall be terminated if the recipient no longer meets the qualifications for an eligible business. Additionally, an agreement may be terminated if the recipient, in the sole opinion of the department, does any of the following: a. Substantially violates any applicable statute or rule; b. Violates any agreement between the department and the recipient; or c. Acts in a manner that may damage the reputation of the program.

21—52.46(159) Disbursement of funds. The department will disburse funds for a project only after an agreement has been executed between the recipient and the department and all the applicable conditions for disbursement have been met, including the submission of documentation pertaining to the eligible expenditures. Disbursement of funds under the agreement will be on a reimbursement basis for expenses incurred by the applicant and will be disbursed upon final completion of a project.

21—52.47(159) Authority of department. The department may enter upon the premises of any recipient to examine any records or materials necessary to ensure compliance with these rules.

ITEM 4. Adopt the following new division implementation sentence after rule 25—52.47(159): This division is intended to implement 2023 Iowa Acts, House File 700.ARC 7072CAgriculture and Land Stewardship Department[21]Notice of Intended Action

Proposing rulemaking related to weights and measures and providing an opportunity for public comment

The Agriculture and Land Stewardship Department hereby proposes to rescind Chapter 85, “Weights and Measures,” Iowa Administrative Code, and adopt a new chapter with the same title.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code sections 214.10, 214A.1A, 215.24 and 215A.3 and 2023 Iowa Acts, House File 666.State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code chapters 214, 214A, 215 and 215A and 2023 Iowa Acts, House File 666.Purpose and Summary This proposed rulemaking updates the State’s weights and measures rules by removing outdated or redundant provisions that are covered by statute. The rulemaking also simplifies and restructures the chapter to enhance readability for the public. Additionally, the proposed rulemaking implements 2023 Iowa Acts, House File 666, by adopting rules related to testing the accuracy and correctness of electric vehicle charging stations to assist in the proper collection of Road Use Tax Fund moneys. The standards being utilized are included in the 2023 version of the National Institute of Standards and Technology Handbook 44.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 21—Chapter 8. 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 the Department no later than 4:30 p.m. on October 13, 2023. Comments should be directed to: Colin Tadlock Iowa Department of Agriculture and Land Stewardship Wallace State Office Building 502 East Ninth Street Des Moines, Iowa 50319 Phone: 515.518.7609 Email: colin.tadlock@iowaagriculture.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: October 13, 2023 2 p.m. Second Floor Conference Room Wallace State Office Building Des Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees 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 21—Chapter 85 and adopt the following new chapter in lieu thereof: CHAPTER 85WEIGHTS AND MEASURES

21—85.1(215) Definitions. "Automatic grain scale" means a scale constructed with a mechanical device so that a stream of grain flowing into its hopper can be checked at any given weight, long enough to register said weight and dump the load. The garner above the scale should have at least three times the capacity of the scale to ensure a steady flow at all times.

On automatic-indicating scales. On a particular scale, the maintenance tolerances applied shall be not smaller than one-fourth the value of the minimum reading-face graduation; the acceptance tolerances applied shall be not smaller than one-eighth the value of the minimum reading-face graduation.
However, on a prepacking scale (D.11, D.12) having graduated intervals of less than one-half ounce, the maintenance tolerances applied shall not be smaller than one-eighth ounce and the acceptance tolerances applied shall be not smaller than one-sixteenth ounce.

"Counter scale" means a scale of any type that is especially adopted on account of its compactness, light weight, moderate capacity and arrangements of parts for use upon a counter, bench, or table. "Motor truck scale" means a scale built by the manufacturer for the use of weighing commodities transported by motor truck. This rule is intended to implement Iowa Code section 215.18.

21—85.2(189,215) Weights and measures. 85.2(1) The specifications, tolerances and regulations for commercial weighing and measuring devices, together with amendments thereto, as recommended by the National Institute of Standards and Technology (NIST) and published in NIST Handbook 44 amended or revised as of January 1, 2020, shall be the specifications, tolerances and regulations for commercial weighing and measuring devices in the state of Iowa, except as modified by state statutes, or by rules adopted and published by the Iowa department of agriculture and land stewardship and not rescinded. 85.2(2) The NIST Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality, Handbook 133, Checking the Net Contents of Packaged Goods, Type Evaluation, and all supplements to these handbooks, as published by the NIST amended or revised as of January 1, 2020, are adopted in their entirety by reference except as modified by state statutes, or by rules adopted and published by the department. This rule is intended to implement Iowa Code sections 189.9, 189.13, 189.17, 215.14, 215.18 and 215.23.

21—85.3() Reserved.

21—85.4() Reserved.

21—85.5() Reserved.

21—85.6() Reserved.

21—85.7() Reserved.

21—85.8() Reserved.

21—85.9() Reserved.WEIGHTS AND SCALES

21—85.10(215) Scale design. A scale shall be of such materials and construction that (1) it will support a load of its full nominal capacity without developing undue stresses or deflections, (2) it may reasonably be expected to withstand normal usage without undue impairment of accuracy or the correct functioning of parts, and (3) it will be reasonably permanent in adjustment. 85.10(1) Stability of indications. A scale shall be capable of repeating with reasonable precision its indications and recorded representations. This requirement shall be met irrespective of repeated manipulation of any scale element in a manner duplicating normal usage, including: a. Displacement of the indicating elements to the full extent allowed by the construction of the scale, b. Repeated operation of a locking device, and c. Repeated application or removal of unit weights. 85.10(2) Interchange or reversal of parts. Parts that may readily be interchanged or reversed in the course of normal usage shall be so constructed that their interchange or reversal will not materially affect the zero-load balance or the performance of the scale. Parts which may be interchanged or reversed in normal field assembly shall be: a. So constructed that their interchange or reversal will not affect the performance of the scale, or b. So marked as to show their proper positions. 85.10(3) Pivots. Pivots shall be made of hardened steel, except that agate may be used in prescription scales, and shall be firmly secured in position. Pivot knife-edges shall be sharp and straight, and cone-pivot points shall be sharp. 85.10(4) Position of equipment, primary or recording indicating elements (electronic weighing elements). A device equipped with a primary or recording element shall be so positioned that its indications may be accurately read and the weighing operations may be observed from some reasonable “customer” position; the permissible distance between the equipment and a reasonable customer position shall be determined in each case upon the basis of individual circumstances, particularly the size and character of the indicating element; a window large enough should be placed in the building and the installation should be so arranged as to afford an unobstructed view of the platform. This rule is intended to implement Iowa Code section 215.18.

21—85.11(215) Scale pit. 85.11(1) In the construction of a scale pit, walls must be of reinforced concrete. A slab floor must be installed in the pit. The floor must be at least 12 inches thick with a minimum of grade 40 reinforcement rod running into all piers and sidewalls, installed according to the manufacturer’s specifications. There shall be an approach at each end of the scale of not less than ten feet, and said approach shall be of reinforced concrete 12 inches thick on a level with the scale deck. A slope of a one-inch drop across the ten-foot span may be allowed for drainage. 85.11(2) Electronic scales shall have a vertical clearance of not less than four feet from the floor line to the bottom of the I-beam of the scale bridge, thus providing adequate access for inspection and maintenance. The load-bearing supports of all scales installed in a fixed location shall be constructed to ensure the strength, rigidity and permanence required for proper scale performance. This rule is intended to implement Iowa Code section 215.15.

21—85.12(215) Pitless scales. A person may install pitless electronic, self-contained and vehicle scales in a permanent location provided the following conditions for the construction are incorporated: 85.12(1) Scale installation applications and permits must be submitted to the department the same as the pit scale installation, with specifications being furnished by the manufacturer, for approval. 85.12(2) Piers shall extend below the frost line or be set on solid bedrock, and they shall be of reinforced concrete. 85.12(3) A reinforced concrete slab the width of the scale, at least six inches thick, shall run full length under the scale. Slab and piers shall be tied together with reinforcement rod, with a minimum clearance of eight inches between floor and weighbridge. 85.12(4) Reinforced Portland cement approaches at least 12 inches thick, ten feet long and as wide as the scale shall be provided on each end in a level plane with the scale platform. 85.12(5) A scale shall be installed at an elevation to ensure adequate drainage away from the scale. 85.12(6) A scale platform and indicator shall be protected from wind and other elements that could cause inaccurate operation of the scale. Protection modifications that attach to or touch the scale or parts attached to the scale shall be approved by the department prior to installation. This rule is intended to implement Iowa Code section 215.14.

21—85.13(215) Master weights. Master scale test weights used for checking scales after being overhauled must be sealed as to their accuracy once every two years. Said weights after being sealed are to be used only as master test weights. This rule is intended to implement Iowa Code section 215.17.

21—85.14(215) Provision for sealing coin slot. Provision shall be made on a coin-operated scale for applying a lead and wire seal in such a way that insertion of a coin in the coin slot will be prevented. This rule is intended to implement Iowa Code section 215.18.

21—85.15(215) Lengthening of platforms. The length of the platform of a vehicle scale shall not be increased beyond the manufacturer’s designed dimension except when the modification has been approved by a competent scale-engineering authority, preferably that of the engineering department of the manufacturer of the scale, and by the weights and measures bureau. This rule is intended to implement Iowa Code section 215.18.

21—85.16(215) Accessibility for testing purposes. A large capacity scale shall be so located, or such facilities for normal access thereto shall be provided, that the test weights of the weights and measures official, in the denominations customarily provided, and in the amount deemed necessary by the weights and measures official for the proper testing of the scale, may readily be brought to the scale by the customary means; otherwise, it shall be the responsibility of the scale owner or operator to supply such special facilities, including necessary labor, as may be required to transport the test weights to and from the scale, for testing purposes, as required by the weights and measures official. If the design, construction or location of a large-capacity scale is such as to require a testing procedure involving special accessories or an abnormal amount of handling of test weights, such accessories or needed assistance in the form of labor shall be supplied by the owner or operator of the scale, as required by the weights and measures official. This rule is intended to implement Iowa Code sections 215.1A and 215.10.

21—85.17(215) Wheel-load weighers and axle-load scales. The requirements for wheel-load weighers and axle-load scales apply only to such scales in official use for the enforcement of traffic in highway laws or for the collection of statistical information by government agencies. This rule is intended to implement Iowa Code section 215.18.

21—85.18() Reserved.

21—85.19() Reserved.MEASURES

21—85.20(214A,208A) Motor fuel and antifreeze tests and standards. 85.20(1) In the interest of uniformity, the tests and standards for motor fuel, including but not limited to renewable fuels such as ethanol blended gasoline, biodiesel, and biodiesel blended fuel, and components such as an oxygenate, raffinate natural gasoline and motor vehicle antifreeze shall be those established by ASTM International in effect on December 1, 2022, with the following exceptions: a. Biodiesel blended fuel classified as higher than B-20 but less than B-99. b. Tests and standards that are otherwise required by statute. 85.20(2) The components used to produce biodiesel blended fuel classified as higher than B-20 but less than B-99 must meet the following department standards: a. The biodiesel must meet ASTM International specification D6751. b. The diesel must meet ASTM International specification D975. 85.20(3) Diesel fuel that does not comply with ASTM International specifications may be blended with biodiesel, additives, or other diesel fuel so that the finished blended product does meet the applicable specifications. This rule is intended to implement Iowa Code sections 208A.5, 208A.6, 214A.2, and 215.18.

21—85.21(215) Tolerances on petroleum products measuring devices. All pumps or meters at filling stations may have a tolerance of not over five cubic inches per five gallons, minus or plus. All pumps or measuring devices of a large capacity shall have a maintenance tolerance of 50 cubic inches, minus or plus, on a 50-gallon test. An additional one-half cubic inch tolerance shall be added per gallon over and above a 50-gallon test. Acceptance tolerances on large capacity pumps and measuring devices shall be one-half the maintenance tolerances. This rule is intended to implement Iowa Code sections 214.2 and 215.20.

21—85.22(215) Meter adjustments and tagging. If a meter is found to be incorrect and also capable of further adjustment, said meter shall be adjusted, rechecked and sealed. If a seal is broken for any cause other than by a state inspector, the department shall be promptly notified of same. 85.22(1) Companies specializing in testing and repairing gasoline and fuel oil dispensing pumps or meters shall be registered with the weights and measures bureau upon meeting requirements set forth by the department. 85.22(2) In accordance with the NIST Handbook 44, accredited repair and testing companies shall be authorized to affix a security seal, properly marked with the identification of such company. 85.22(3) If a meter is found to be inaccurate, an inspection report shall be left by the inspector requiring repair. After the meter has been repaired and placed in service, the licensee shall notify the weights and measures bureau. 85.22(4) If the meter has not been repaired within 30 days, the meter may be condemned and a red condemned tag may be attached to the meter. This rule is intended to implement Iowa Code sections 215.5, 215.12 and 215.20.

21—85.23(215) Servicer’s license fee. The fee for a servicer’s license shall be $10. This rule is intended to implement Iowa Code section 215.23.

21—85.24(215) Recording elements. All weighing or measuring devices shall be provided with appropriate recording or indicating elements, which shall be definite, accurate and easily read under any conditions of normal operation of the device. Graduations and a suitable indicator shall be provided in connection with indications and recorded representations designed to advance continuously. Graduations shall not be required in connection with indications or recorded representations designed to advance intermittently or with indications or recorded representations of the selector type. This rule is intended to implement Iowa Code section 215.18.

21—85.25(215) Air eliminator. All gasoline or oil metering devices shall be equipped with an effective air eliminator to prevent passage of air or vapor through the meter. The vent from such eliminator shall not be closed or obstructed. This rule is intended to implement Iowa Code section 215.18.

21—85.26(215) Delivery outlets. No means shall be provided by which any measured liquid can be diverted from the measuring chamber of the meter or the discharge line therefrom. However, two or more delivery outlets may be installed, if automatic means is provided to ensure that liquid can flow from only one such outlet at one time and the direction of flow for which the mechanism may be set at any time is definitely and conspicuously indicated. This rule is intended to implement Iowa Code section 215.18.

21—85.27(215) LP-gas delivery. In the delivery of LP-gas by commercial bulk trucks (bobtail) across state lines, it shall be mandatory for all trucks delivering products in Iowa to be equipped with a meter that has been licensed by the state of Iowa and carries the seal of an accredited meter service and proving company. This rule is intended to implement Iowa Code section 215.20.

21—85.28(215) LP-gas meter registration. The location of all LP-gas liquid meters in retail trade shall be listed, by the owner, with the department. Upon putting a new or used meter into service in the state of Iowa, the user shall report to the weights and measures bureau. This rule is intended to implement Iowa Code section 215.20.

21—85.29(214A,215) Advertisement of the price of liquid petroleum products for retail use. 85.29(1) Nothing in this rule shall be deemed to require that the price per gallon or liter or any grade or kind of liquid petroleum product sold on the station premises be displayed or advertised except on the liquid petroleum metering distribution pumps. 85.29(2) Petroleum product retailers, if they elect to advertise the unit price of their petroleum products at or near the curb, storefront or billboard, shall display the price per gallon or liter. The advertised price shall equal the computer price settings shown on the metering pump or shall be displayed in a manner clear to the purchaser for discounts offered for cash payment. Product names displayed shall match the product names on the retail motor fuel dispensers and all consumer receipts. 85.29(3) Notwithstanding the provisions of subrule 85.29(2), cash only prices may be posted by the petroleum marketer on the following basis: a. Cash only prices must be disclosed on the posted sign as “cash only” or similar unequivocal wording in lettering 3″ high and ¼″ in stroke when the whole number price being shown is 36″ or less in height; or in lettering at least 6″ high and ½″ in stroke when the whole number price being shown is more than 36″ in height. b. Cash prices posted or advertised must be available to all customers, regardless of type of service (e.g., full service or self-service); or grade of product (e.g., regular, unleaded, gasohol and diesel). c. Cash and credit prices or discounts must be prominently displayed on the dispenser. d. A chart showing applicable cash discounts expressed in terms of both the computed and posted price shall be available to the customer on the service station premises. 85.29(4) On all outside display signs, the whole number shall not be less than 6″ in height and not less than 3/8″ in stroke, and any fraction shall be at least one-third of the size of the whole number in both height and width. 85.29(5) The price must be complete, including taxes, without any missing numerals or fractions in the price. 85.29(6) Price advertising signs shall identify the type of product (e.g., regular, unleaded, gasohol and diesel), in lettering at least 3″ high and ¼″ in stroke when the whole number price being shown is 36″ or less in height, or in lettering at least 6″ high and ½″ in stroke when the whole number price being shown is more than 36″ in height. 85.29(7) A price advertising sign shall display if the price is in liters, and may display if the price is in gallons, the unit measure in letters of 3″ minimum. 85.29(8) Directional or informational signs for customer location of the type of service or product advertised shall be clearly and prominently displayed on the station premises in a manner not misleading to the public. 85.29(9) The advertising of other commodities or services offered for sale by petroleum retailers in such a way as to mislead the public with regard to petroleum product pricing shall be prohibited. 85.29(10) Ethanol blended gasoline classified with an octane rating of 87 or higher may be labeled or advertised as “super” or “plus.” 85.29(11) The octane rating of fuel offered for sale shall be posted on the pump in a conspicuous place. The octane rating shall be posted for registered fuels. No octane rating shall be posted on the pump for ethanol blended gasoline classified as higher than E-15. The minimum octane rating for gasoline offered for sale by a retail dealer is 87 for regular grade gasoline and 91 for premium grade gasoline. 85.29(12) A wholesale dealer selling ethanol blended gasoline or biodiesel fuel to a purchaser shall provide the purchaser with a statement indicating the actual volume percentage present. The statement may be on the sales slip provided or a similar document such as a bill of lading or invoice. This statement shall include the specific amount of biodiesel, even if the amount of renewable fuel is 5 percent or less. This rule is intended to implement Iowa Code sections 214A.3, 214A.16 and 215.18.

21—85.30(214A,215) Gallonage determination for retail sales. The method of determining gallonage on gasoline or diesel motor vehicle fuel for retail sale shall be on a gross volume basis. Temperature correction or any deliberate methods of heating shall be prohibited. This rule is intended to implement Iowa Code sections 214A.3 and 215.18.

21—85.31(214,214A,215) Blender pumps. Motor fuel blender pumps or blender pumps installed or modified after November 1, 2008, that sell both ethanol blended gasoline classified as higher than E-15 and gasoline need to have at least two hoses per pump to separate registered gasoline fuels from flex fuels. This rule is intended to implement Iowa Code section 214A.2.

21—85.32() Reserved.

21—85.33() Reserved.

21—85.34() Reserved.

21—85.35() Reserved.

21—85.36() Reserved.

21—85.37() Reserved.

21—85.38() Reserved.

21—85.39() Reserved.MOISTURE-MEASURING DEVICES

21—85.40(215A) Testing devices. All moisture-measuring devices will be tested against a measuring device that will be furnished by the department, and all moisture-measuring devices will be inspected to determine whether they are in proper operational condition and supplied with the proper accessories. This rule is intended to implement Iowa Code section 215A.2.

21—85.41(215A) Rejecting devices. Moisture-measuring devices may be rejected for any of the following reasons: 85.41(1) The moisture-measuring device tested is found to be out of tolerance with the measuring device used by the department by one of the inspectors so assigned by more than 0.7 percent on grain moisture content. 85.41(2) The person does not have available the latest charts for the type of device being used. 85.41(3) The person does not have available the proper scale or scales and thermometers for use with the type of device being used. 85.41(4) The moisture-measuring device is not free from excessive dirt, debris, or cracked glass or is not kept in good operational condition at all times. This rule is intended to implement Iowa Code section 215A.6.

21—85.42(215,215A) Specifications and standards for moisture-measuring devices. The specifications and tolerances for moisture-measuring devices are those established by the United States Department of Agriculture as of November 15, 1971, in chapter XII of GR instruction 916-6, equipment manual, used by the Federal Grain Inspection Service; and those recommended by the National Bureau of Standards and published in National Bureau of Standards Handbook 44 as of July 1, 1985. This rule is intended to implement Iowa Code section 215A.3.

21—85.43(215) Testing high-moisture grain. When testing high-moisture grain, the operator of a moisture-measuring device shall use the following procedure: Test each sample six times, adding the six measurements thus obtained and dividing the total by six to obtain an average, which shall be deemed to be the moisture content of such sample. This rule is intended to implement Iowa Code section 215A.7.

21—85.44() Reserved.

21—85.45() Reserved.

21—85.46() Reserved.

21—85.47() Reserved.

21—85.48() Reserved.

21—85.49() Reserved.TESTING AND ACCURACY

21—85.50(452A) Electric vehicle charging stations. 85.50(1) The department will inspect licensed electric fuel dealers and users for accuracy and correctness from a list provided by the department of revenue. 85.50(2) The specifications and tolerances for electric fuel and charging stations shall be those as published in the NIST Handbook 44, Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices, amended or revised as of January 1, 2023, in the state of Iowa, except as modified by state statutes, or by rules adopted and published by the department. 85.50(3) A charging station and each connector installed on a charging station will be tested for accuracy and correctness utilizing a measuring device that will be furnished by the department and tested against the electric fuel meter serving that charging station. 85.50(4) For purposes of this rule, “connector” means the portion of the charging station that directly interfaces, connects or plugs into an electric vehicle through which electric fuel is supplied to an electric vehicle. This rule is intended to implement Iowa Code section 452A.21.ARC 7070CRacing and Gaming Commission[491]Notice of Intended Action

Proposing rulemaking related to proceedings, wagering, and fantasy sports contests and providing an opportunity for public comment

The Racing and Gaming Commission hereby proposes to amend Chapter 4, “Contested Cases and Other Proceedings,” Chapter 13, “Sports Wagering,” and Chapter 14, “Fantasy Sports Contests,” Iowa Administrative Code.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code sections 99D.7, 99E.3 and 99F.4.State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code chapters 99D, 99E and 99F.Purpose and Summary Items 1 through 5 and 7 clarify the administrator’s authority in proceedings. Item 6 clarifies the types of licensees to which the rules are applicable. Item 8 enhances licensee requirements for messaging to applicants/customers with regard to underage wagering and account sharing. Item 9 enhances licensee requirements with regard to identifying and preventing wagering by prohibited persons and enhances reporting requirements by the licensee with regard to account sharing. Items 10 and 15 enhance licensee requirements for account verification at registration. Item 11 enhances responsibilities of licensees to detect potential fraudulent or suspicious activity. Item 12 enhances responsibilities of licensees to verify account funding sources. Item 13 fixes a cross-reference issue caused by restructuring in Item 10. Item 14 adds a requirement of annual testing for geolocation system auditing. Item 16 enhances licensee requirements with regard to identifying and preventing wagering by prohibited persons. Item 17 enhances licensee requirements for messaging to applicants/customers with regard to underage wagering and account sharing and enhances responsibilities of licensees to verify account funding sources.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 Commission for a waiver of the discretionary provisions, if any. 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 Commission no later than 4:30 p.m. on October 10, 2023. Comments should be directed to: Barb Blake Iowa Racing and Gaming Commission 1300 Des Moines Street Des Moines, Iowa 50309 Email: barb.blake@iowa.gov Public Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: October 10, 2023 9 a.m. Commission Office, Suite 100 1300 Des Moines Street Des Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Commission and advise of specific needs. 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 rule 491—4.1(17A) as follows:

491—4.1(17A) Scope and applicability. This chapter applies to contested case proceedings conducted by the racing and gaming commission. The chapter shall also apply to gaming boards’ and board of stewards’ proceedings and gaming representatives’or administrator’s designees’ actions.

ITEM 2. Amend rule 491—4.4(99D,99E,99F), catchwords, as follows:

491—4.4(99D,99E,99F) Gaming representativesand administrator’s designees—licensing and regulatory duties.

ITEM 3. Amend paragraphs 4.4(2)"a" and 4.4(2)"b" as follows: a. A gaming representative shall make a referral to the gaming boardshall be in writing. The referral shall make reference to rules or statutory provisions at issue and provide a factual basis supporting the violation. b. The gaming representativeor the administrator’s designee making the referral to the gaming board, or a designee of the gaming board, shall appear before the gaming board at the hearing to provide any information requested by the board.

ITEM 4. Amend subrule 4.4(7) as follows: 4.4(7) The gaming representativeor the administrator’s designee shall have other powers and duties set forth in the statutes and rules, and as assigned by the administrator.

ITEM 5. Amend subrule 4.5(3) as follows: 4.5(3) The gaming board, upon receipt of a referral, may review the referral prior to the hearing. The gaming board may return a referral to the initiating gaming representativeor the administrator’s designee on its own motion prior to hearing if the information provided appears insufficient to establish a violation.

ITEM 6. Amend subrule 4.5(9) as follows: 4.5(9) The gaming board has the power to interpret the rules and to decide all questions not specifically covered by them. The board has the power to determine all questions arising with reference to the conduct of gaming,sports wagering and fantasy sports contests, and the authority to decide any question or dispute relating to racing, or gaming, sports wagering or fantasy sports contests in compliance with rules promulgated by the commission or policies approved for licensees, and persons participating in licensed racing or gaming agree in so doing to recognize and accept that authority. The board may also suspend the license of any license holder when the board has reasonable cause to believe that a violation of law or rule has been committed and that the continued performance of that individual in a licensed capacity would be injurious to the best interests of racing or gaming.

ITEM 7. Amend subrule 4.5(13) as follows: 4.5(13) Informal settlements. A licensee may enter into a written stipulation representing an informed mutual consent with a gaming representativeor the administrator’s designee. This stipulation must specifically outline the violation and the penalty imposed. Stipulations must be approved by the gaming board. Stipulations are considered final agency action and cannot be appealed.

ITEM 8. Amend subrule 13.2(4) as follows: 13.2(4) Public notice. a. The public shall have access to the sports wagering rules, available wagers, odds or payouts, the payout period, and the source of the information used to determine the outcome of a sports wager. All licensees and advance deposit sports wagering operators shall require participants to follow the rules of play. The sports wagering rules shall be: a. (1) Displayed in the licensee’s sports wagering area. b. (2) Posted on the internet site or mobile application used to conduct advance deposit sports wagering. c. (3) Included in any terms and conditions disclosure statements of the advance deposit sports wagering system. b. Advance deposit sports wagering operators shall prominently display the following information on any interface that accepts wagers: (1) Account sharing is prohibited. Each account holder must not share usernames or passwords with other people. Each wager made on an account shall be made by only the registered account holder and shall not be made on behalf of any other individual. (2) Persons under the age of 21 are prohibited from wagering. No person shall attempt to circumvent account setup procedures designed to prohibit wagering from individuals under the age of 21. Registered account holders shall not attempt to assist in the placement of a wager by any individual under the age of 21. (3) Any other disclosures, as required by the administrator.

ITEM 9. Amend subrule 13.2(7) as follows: 13.2(7) Internal controls. Licensees and advance deposit sports wagering operators shall submit a description of internal controls to the administrator. The submission shall be made at least 30 days before sports operations are to commence unless otherwise approved by the administrator. All internal controls must be approved by the administrator prior to commencement of sports operations. The operator shall submit to the administrator any changes to the internal controls previously approved at least 15 days before the changes are to become effective unless otherwise directed by the administrator. It shall be the affirmative responsibility and continuing duty of each licensee and advance deposit sports wagering operator and their employees to follow and comply with all internal controls. The submission shall include controls and reasonable methods that provide for the following: a. To prohibit wagering by coaches, athletic trainers, officials, players, or other individuals who participateand persons employed in a position with direct involvement with coaches, athletic trainers, officials, players or other individuals who participate in an authorized sporting event in which wagers may be accepted.Licensees shall demonstrate the capability, subject to review and approval by the administrator, to prevent prohibited persons from wagering on events on which they are not allowed to wager by implementing one of the following: (1) Organize and maintain a list of prohibited persons. (2) Participate in a third-party association or group that organizes and maintains a list of prohibited persons. b. To prohibit wagering by persons who are employed in a position with direct involvement with coaches, players, athletic trainers, officials, athletes or participants in an authorized sporting event in which wagers may be acceptedaccounts opened by individuals on behalf of persons under the age of 21. c. To promptly report to the commission any criminal or disciplinary proceedings commenced against the licensee or its employees. d. To promptly report to the commission, in a format approved by the administrator, any abnormal wagering activity or patterns that may indicate a concern about the integrity of an authorized sporting event or events, and any other conduct with the potential to corrupt a wagering outcome of an authorized sporting event for purposes of financial gain, including but not limited to match fixing, and suspicious or illegal wagering activities, including the use of funds derived from illegal activity, wagers to conceal or launder funds derived from illegal activity, use of agents to place wagers,account sharing, or use of false identification. Integrity-monitoring procedures shall also provide for the sharing of information with other licensees, other governing authorities, and accredited sports governing entities by participating in an integrity-monitoring association or group or by another method as approved by the administrator. e. Written notification to the commission for any incident where there is a violation involving criminal activity, Iowa Code chapter 99F, a commission rule or order, or an internal control within 72 hours of detection. The licensee or advance deposit sports wagering operator shall provide a written report detailing the violation as required by and in a format approved by the administrator. f. The segregation of incompatible functions so that no employee is in a position to perpetrate and conceal errors or irregularities in the normal course of the employee’s duties. g. User access controls for all sensitive and secure, physical and virtual, areas and systems within a sports wagering operation. h. Treatment of problem gambling by: (1) Identifying problem gamblers. (2) Complying with the process established by the commission pursuant to Iowa Code section 99F.4(22) and 491—subrule 5.4(12). (3) Cooperating with the Iowa gambling treatment program in creating and establishing controls. (4) Including information on the availability of the gambling treatment program in a substantial number of the licensee’s advertisements and printed materials. i. Setoff winnings of customers who have a valid lien established under Iowa Code chapter 99F.

ITEM 10. Amend subrule 13.5(2) as follows: 13.5(2) Account registration. A person must have an established account in order to place advance deposit sports wagers. The process for establishing an account is subject to the administrator’s approval. An account may be established through on-site registration under procedures previously approved by the administrator, or through remote registration. To establish an account, an application for an account shall be signed or otherwise authorized in a manner approved by the administrator and shall include the applicant’s full legal name, principal residential address, date of birth,social security number, and any other information required by the administrator. The account registration process shall also include: a. Age verification to prevent persons under the legal age for sports wagering from establishing an account. b. Player verification of legal name, physical address, and age to correctly identify account holders.An applicant verification process that includes an exact match of the following: (1) Date of birth, including month, date and year of birth. (2) Social security number, including matching the full number or matching the last four digits. (3) Last name. c. An applicant verification process that permits a flexible match by allowing the following: (1) First name may include nicknames and abbreviations. (2) Address may include abbreviations. d. Authentication of identification by: (1) Answering knowledge-based questions based on the applicant’s public or private data; or (2) Verifying that device ID and phone number match the applicant’s publicly known data; or (3) Comparing of valid government-issued ID to applicant’s picture taken at time of account registration; or (4) Another method as approved by the administrator. c. e. Verification that the playerapplicant is not on the statewide self-exclusion list set forth in Iowa Code section 99F.4(22) prior to establishing an account. d. f. Availability and acceptance of a set of terms and conditions that is also readily accessible to the player before and after registration and noticed when updated. Notices shall include, at a minimum, the following: (1) Explanation of rules in which any unrecoverable malfunctions of hardware/software are addressed including, but not limited to, if the unrecoverable malfunction, wagering event cancellation, or other catastrophic malfunction results in the voiding of any wagers. (2) Procedures to deal with interruptions caused by the suspension of data flow from the network server during an event. (3) Specifications advising players to keep their account credentials secure. (4) Statement that no underage individuals are permitted to participate in wagering. (5) Explanation of conditions under which an account is declared inactive and actions undertaken on the account once this declaration is made. e. g. Availability and acceptance of a privacy policy that is also readily accessible to the player before and after registration and noticed when updated and that includes, at a minimum, the following: (1) Statement of information that is collected, the purpose for information collection, and the conditions under which information may be disclosed. (2) Statement that any information obtained in respect to player registration or account establishment must be done in compliance with the privacy policy. (3) Requirement that any information about player accounts which is not subject to disclosure pursuant to the privacy policy must be kept confidential, except where the release of that information is required by law. (4) Requirement that all player information must be securely erased from hard disks, magnetic tapes, solid state memory, and other devices before the device is properly disposed of by the licensee. If erasure is not possible, the storage device must be destroyed. f. h. If an advance deposit sports wagering operator has an agreement with more than one licensee, the advance deposit sports wagering operator shall submit an agreement to the administrator that indicates the manner in which customer net receipts shall be assigned with its licensee partners. The agreement shall include all partnering licensees and their respective qualified sponsoring organizations, and the net receipts shall be allocated using one of the following methods: (1) Make available an option for new remotely registered customers to select the licensee at which net receipts are assigned. (2) Allocate new remotely registered customer net receipts to the licensee which is located nearest to the customer’s principal residential address. (3) Distribute all customer receipts evenly between all licensees for which an agreement exists. (4) An alternative allocation agreement that complies with local, state and federal law.The agreement shall be made available for public inspection.

ITEM 11. Amend paragraphs 13.5(3)"b" and 13.5(3)"e" as follows: b. Location detection procedures to reasonably detect and dynamically monitor the location of a player attempting to place any wageror perform other activity related to an Iowa authorized account.The advance deposit sports wagering operator or licensee shall utilize and monitor geolocation activity to detect potential fraudulent and suspicious activity, which shall be reported in accordance with paragraph 13.2(7)“d.” A player outside the permitted boundaryattempting to make a wager shall be rejected, and the player shall be notified. The confidence radius shall be entirely located within the permitted boundary. e. Authentication for log in through a username and passwordusing a multifactor authentication process or other secure alternative means as authorized by the commission.After successful log in, multifactor authentication will need to be performed at least every seven days for each unique device. Processes for retrieving lost usernames and passwords shall be available, secure, and clearly disclosed to the player. Players shall be allowed to change their passwords.

ITEM 12. Amend subrule 13.5(4) as follows: 13.5(4) Account funds. The following requirements apply to the maintenance of funds associated with a player account: a. Positive player identification, including any personal identification number (PIN) entry or other approved secure methods, must be completed before the withdrawal of any moneys held by the advance deposit sports wagering operator or licensee can be made.An advance deposit sports wagering account shall not be funded by an outside financial account of an individual under the age of 21. b. Prior to the deposit of any funds into or withdrawal of any funds out of the advance deposit sports wagering account using any outside financial account, the financial account shall be verified against the advance deposit sports wagering account to confirm that the player is an authorized user of the outside financial account. c. Account transactions that take place in person shall require positive player identification of the player associated with the advance deposit sports wagering account. b. d. Payments from an account are to be paid directly to an account with a financial institution in the name of the player or made payable to the player and forwarded to the player’s address or through another method that is not prohibited by state or federal law. c. e. An advance deposit sports wagering operator or licensee must have in place security or authorization procedures to ensure that only authorized adjustments can be made to player accounts and that changes are auditable. d. f. It shall not be possible to transfer funds between two player accounts. e. g. An advance deposit sports wagering operator or licensee shall provide a transaction log or account statement history at no cost to players upon request. Information provided shall include sufficient information to allow players to reconcile the statement or log against their own financial records. f. h. Requests for withdrawals shall not be unreasonably withheld and shall be completed in a timely manner. g. i. An advance deposit sports wagering operator or licensee shall provide a fee-free method for players to deposit or withdraw funds from player accounts. h. j. If the method of reserve utilized to comply with subrule 13.2(6) is not in the form of cash or cash equivalents segregated from operational funds, an advance deposit sports wagering operator or licensee shall segregate player account funds from operational funds.

ITEM 13. Amend subrule 13.5(7) as follows: 13.5(7) Expiration or termination of an Iowa Code section 99F.7A operating agreement. In the event an advance deposit sports wagering operating agreement between a licensee under Iowa Code section 99F.7A and another entity expires, terminates, or is no longer valid, notice of termination must be given to the commission and all customers affiliated with the licensee. A customer shall be given an opportunity to close an account. If the advance deposit sports wagering operator has an operating agreement with other licensees in the state of Iowa, the customer shall have the option to select another partner licensee to which their net receipts shall be assigned, or the customer’s net receipts shall be assigned to any remaining partner licensees in accordance with an agreement submitted to the administrator pursuant to paragraph 13.5(2)“f.”13.5(2)“h.”

ITEM 14. Amend subrule 13.6(3) as follows: 13.6(3) Annual testing. a. A system integrity and security risk assessment shall be performed annually on the advance deposit sports wagering system. (1) The testing organization must be independent of the licensee and shall be qualified by the administrator. (2) The system integrity and security risk assessment shall be completed no later than March 31 of each year. (3) Results from the risk assessment shall be submitted to the administrator no later than 60 days after the assessment is completed. Results shall include a remediation plan to address any risks identified during the risk assessment. (4) The risk assessment shall be conducted in accordance with current and accepted industry standard review requirements for risk assessments. (5) The risk assessment shall include a review of licensee controls. Review of controls shall include but not be limited to a comparison of licensee controls to industry standard and best practice controls, and an audit of the licensee processes for compliance with those controls. b. A geolocation system and integrity test shall be performed annually on the advance deposit wagering system. (1) The testing organization must be independent of the licensee and the licensed geolocation vendor and shall be qualified by the administrator. (2) The geolocation test shall be completed and the results submitted no later than March 31 of each year. (3) Geolocation testing shall review existing licensee procedures for detecting and reporting fraudulent activity associated with any account activity detected by the geolocation system, and shall recommend updates to those procedures to align with any current or updated industry standard or commission guidance. b. c. At the discretion of the administrator, additional assessments or specific testing criteria may be required.

ITEM 15. Amend subrule 14.7(2) as follows: 14.7(2) Customer verification of legal name, physical address and age to correctly identify account holders. a. A customer verification process shall include an exact match of the following: (1) Date of birth, including month, date and year of birth. (2) Social security number, including matching the full number or matching the last four digits. (3) Last name. b. A customer verification process shall permit a flexible match by allowing the following: (1) First name may include nicknames and abbreviations. (2) Address may include abbreviations. c. A customer verification process shall authenticate identification by the following: (1) Answering knowledge-based questions based on the applicant’s public or private data; or (2) Verifying that device ID and phone number match the applicant’s publicly known data; or (3) Comparing a valid government-issued ID to a photo of the applicant taken at the time of account registration; or (4) Another method as approved by the administrator.

ITEM 16. Amend paragraph 14.8(1)"c" as follows: c. Restriction of entries from coaches, officials, athletes, contestants, or other individuals who participate in a game or contest that is the subject of an internet fantasy sports contest in which the outcome is determined, in whole or in part, by the accumulated statistical results of a team of individuals in the game or contest in which they participate.Licensees shall demonstrate the capability, subject to review and approval by the administrator, to prevent prohibited persons from participating in contests in which they are not allowed to participate by implementing one of the following: (1) Organize and maintain a list of prohibited persons. (2) Participate in a third-party association or group that organizes and maintains a list of prohibited persons.

ITEM 17. Amend subrule 14.8(5) as follows: 14.8(5) Operating requirements. A fantasy sports contest service provider shall ensure the following: a. Players winning fantasy sports contests shall have winning funds deposited into their player account or be paid by other means approved by the administrator within 48 hours from the end of the contest. Players shall have a fee-free method to deposit or withdraw funds from their player account. If funds are unable to be placed in a player’s account, the fantasy sports contest service provider shall mail the funds to the player’s address on file within ten days. b. A player account shall not be funded by an outside financial account of an individual under the age of 21. c. Prior to the deposit or withdrawal of any funds into or out of the player account using any outside financial account, the financial account shall be verified against the player account to confirm that the player is an authorized user of the outside financial account. b. d. Player withdrawal of funds maintained in the player account shall be completed within five business days of the request unless the licensed fantasy sports contest service provider believes, in good faith, that the player engaged in fraud or other illegal activity pursuant to Iowa Code chapter 99D, 99E or 99F. c. e. Procedures allow for a player to close an account and to access the player’s history, including all fantasy sports contests in which the player participated. d. f. Employees of the licensee are prohibited from participation in any fantasy sports contest offered by the licensee in which a cash prize is offered to the public. This includes prohibiting relatives living in the same household as such employees from competing in any fantasy sports contests offered by any licensee. e. g. Prohibition of the sharing of confidential information that could affect fantasy sports contest play with third parties until the information is made publicly available. f. h. Players are allowed to voluntarily self-exclude in compliance with Iowa Code section 99F.4(22), and a fantasy sports contest service provider shall follow all resolutions associated with the process. i. Authentication for log in using a multifactor authentication process or other secure alternative means as authorized by the commission. After successful log in, multifactor authentication will need to be performed at least every seven days for each unique device. Processes for retrieving lost usernames and passwords shall be available, secure, and clearly disclosed to the player. Players shall be allowed to change their passwords. j. Fantasy sports contest service providers shall prominently display the following information on any interface that accepts wagers: (1) Account sharing is prohibited. Each account holder must not share usernames or passwords with other people. Each wager made on an account shall be made by only the registered account holder and shall not be made on behalf of any other individual. (2) Persons under the age of 21 are prohibited from wagering. No person shall attempt to circumvent account setup procedures designed to prohibit wagering from individuals under the age of 21. Registered account holders shall not attempt to assist in the placement of a wager by any individual under the age of 21. (3) Any other disclosures, as required by the administrator.ARC 7071CWorkforce Development Department[871]Notice of Intended Action

Proposing rulemaking related to physician assistants and providing an opportunity for public comment

The Director of the Workforce Development Department hereby proposes to amend Chapter 24, “Claims and Benefits,” Iowa Administrative Code.Legal Authority for Rulemaking This rulemaking is proposed under the authority provided in Iowa Code section 96.11.State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code chapters 90A and 96 as amended by 2022 Iowa Acts, House File 803.Purpose and Summary This proposed rulemaking aligns with the changes implemented in 2022 Iowa Acts, House File 803. In particular, the proposed amendments allow claimants to utilize advice from a physician assistant in addition to a physician. A public hearing was held on August 29, 2023, for the Regulatory Analysis for this chapter.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. 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 October 10, 2023. Comments should be directed to: Jeffrey Koncsol Iowa Workforce Development 1000 East Grand Avenue Des Moines, Iowa 50319-0209 Email: jeffrey.koncsol@iwd.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. Amend subrule 24.23(6) as follows: 24.23(6) If an individual has a medical report on file submitted by a physicianor a physician assistant, stating such individual is not presently able to work.

ITEM 2. Amend subrule 24.25(35) as follows: 24.25(35) The claimant left because of illness or injury which was not caused or aggravated by the employment or pregnancy and failed to: a. Obtain the advice of a licensed and practicing physicianor physician assistant; b. Obtain certification of release for work from a licensed and practicing physicianor physician assistant; c. Return to the employer and offer services upon recovery and certification for work by a licensed and practicing physicianor physician assistant; or d. Fully recover so that the claimant could perform all of the duties of the job.

ITEM 3. Amend paragraph 24.26(6)"a" as follows: a. Nonemployment related separation.The claimant left because of illness, injury or pregnancy upon the advice of a licensed and practicing physicianor physician assistant. Upon recovery, when recovery was certified by a licensed and practicing physicianor physician assistant, the claimant returned and offered to perform services to the employer, but no suitable, comparable work was available. Recovery is defined as the ability of the claimant to perform all of the duties of the previous employment.

ITEM 4. Amend subrule 24.26(9) as follows: 24.26(9) The claimant left employment upon the advice of a licensed and practicing physicianor physician assistant for the sole purpose of taking a family member to a place having a different climate and subsequently returned to the claimant’s regular employer and offered to perform services, but the claimant’s regular or comparable work was not available. However, during the time the claimant was at a different climate the claimant shall be deemed to be unavailable for work notwithstanding that during the absence the claimant secured temporary employment. (Family is defined as: wife, husband, children, parents, grandparents, grandchildren, foster children, brothers, brothers-in-law, sisters, sisters-in-law, aunts, uncles or corresponding relatives of the classified employee’s spouse or other relatives of the classified employee or spouse residing in the classified employee’s immediate household.)ARC 7073CAlcoholic Beverages Division[185]Adopted and Filed

Rulemaking related to retail alcohol licenses

The Alcoholic Beverages Division hereby amends Chapter 1, “Organization and Operation,” Chapter 4, “Liquor Licenses—Beer Permits—Wine Permits,” Chapter 5, “License and Permit Division,” and Chapter 8, “Transportation and Warehouse”; rescinds Chapter 17, “Class ‘E’ Liquor Control Licenses”; and amends Chapter 18, “Public Records and Fair Information Practices,” Iowa Administrative Code.Legal Authority for Rulemaking This rulemaking is adopted under the authority provided in Iowa Code section 123.10.State or Federal Law Implemented This rulemaking implements, in whole or in part, 2022 Iowa Acts, Senate File 2374.Purpose and Summary The amendments to these rules, which are now administered by the Department of Revenue (Department), are in response to 2022 Iowa Acts, Senate File 2374. The legislation revised alcoholic beverage license and permit classifications and fees, removed the additional privilege of Sunday sales, removed the $5,000 bond requirement for wine direct shipper permittees that are not native wineries, and removed the 100,000-proof gallon production cap on native distilleries. Additionally, this rulemaking aligns with current agency practices by updating the methods of payment accepted by class “E” retail alcohol licensees for alcoholic liquor, and also by promoting the Department’s electronic licensing system for license transfers, bond endorsement, and wine gallonage tax report filing requirements. The amendments also eliminate outdated and redundant language instances, including where rule language is duplicative of statutory language. Other nonsubstantive clarifying amendments are also made.Public Comment and Changes to Rulemaking Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on July 26, 2023, as ARC 7049C. Public hearings were held on August 15, 2023, at 2 p.m. and August 16, 2023, at 9 a.m., both in the Iowa Alcoholic Beverages Division Boardroom and via video/conference call. No one attended the public hearings. No public comments were received. Based on an informal comment from an external stakeholder and further review, the following changes from the Notice have been made:

Revised subparagraph 4.2(4)“b”(8) by not adopting the change of inserting language referencing certificate of compliance holders since that is not a classification pertaining to 185—Chapter 4. Also, the word “permittee” has been stricken because Iowa Code section 123.39(1)“b”(3) only applies to retail alcohol licensees.
Revised rule 185—4.4(123) by not adopting the change of inserting language referencing certificate of compliance holders since that is not a classification pertaining to 185—Chapter 4.
Amended renumbered subrule 4.7(5) to remove the redundant language regarding miniature liquor bottles during the holiday season and also to provide clarity that mixed drinks or cocktails are allowed to be removed from a retail alcohol licensee’s licensed premises pursuant to Iowa Code section 123.49(2)“d”(3). Additionally, language was stricken regarding containers of beer being taken off of a licensed premises because the statutory authority under Iowa Code section 123.131 was repealed under 2022 Iowa Acts, Senate File 2374.
Amended rule 185—4.11(123) to add the new special class “C” retail native wine license where applicable, which was created by 2023 Iowa Acts, House File 677. The rule implementation sentence was also amended to include Iowa Code section 123.31C as enacted by 2023 Iowa Acts, House File 677.
Amended rule 185—4.28(123) with a grammatical fix from singular “employee” to plural “employees.”

Adoption of Rulemaking This rulemaking was adopted by the Administrator, with the approval of the Alcoholic Beverages Commission, on August 30, 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 Department for a waiver of the discretionary provisions, if any, pursuant to 185—Chapter 19. 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 October 25, 2023. The following rulemaking action is adopted:

ITEM 1. Amend rule 185—1.2(123,17A) as follows:

185—1.2(123,17A) Scope and rules. Promulgated under Iowa Code chapters 17A and 123, these rules shall apply to all matters before the alcoholic beverages division. No rule shall in any way relieve a certificate of compliance holder, manufacturer, micro-distillernative distiller, vintner, brewer, wholesaler, alcohol carrier, wine direct shipper, liquor controlretail alcohol licensee or wine permittee or beer permittee, or an agent or employee thereof from any duty under the laws of this state. This rule is intended to implement Iowa Code section 123.4.

ITEM 2. Amend 185—Chapter 1, implementation sentence, as follows: These rules are intended to implement Iowa Code sections 123.4, 123.5, 123.6, 123.9, 123.10, 123.21(10), and 17A.3.

ITEM 3. Amend 185—Chapter 4, title, as follows:LIQUORRETAIL ALCOHOL LICENSES—BEER PERMITS—WINE PERMITS

ITEM 4. Amend rule 185—4.1(123) as follows:

185—4.1(123) Definitions. "Act" means the alcoholic beverage control Act. "Administrator" means the chief administrative officer of the alcoholic beverages division or a designee. "Beverages" as used in Iowa Code section 123.3(18)123.3(21) does not include alcoholic liquor, wine, or beer as defined in Iowa Code sections 123.3(4), 123.3(5), 123.3(7), 123.3(19), 123.3(28), 123.3(30), 123.3(43) and 123.3(47)any alcoholic beverage as defined in Iowa Code section 123.3(4). "Division" means the alcoholic beverages division of the department of commerce. This rule is intended to implement Iowa Code sections 123.3 and 123.4.

ITEM 5. Amend subparagraph 4.2(4)"b" as follows: (8) A pattern or practice by the licenseeor permittee of failing to report any change in the ownership or interest of the business pursuant to Iowa Code section 123.39(1)“b”(3).

ITEM 6. Amend rule 185—4.4(123) as follows:

185—4.4(123) Licensed premises. The following criteria must be met before a “place” (as used in Iowa Code section 123.3(25)123.3(29)) may be licensed as a “place susceptible of precise description satisfactory to the administrator.” 4.4(1) The “place” must be owned by or under the control of the prospective licenseeor permittee. 4.4(2) The “place” must be solely within the jurisdiction of one local approving authority. 4.4(3) The “place” must be described by a sketch of the “premises” as defined in Iowa Code section 123.3(25)123.3(29) and showing the boundaries of the proposed “place”; showing the locations of selling/serving areas within the confines of the “place”; showing all entrances and exits; and indicating the measurements of the “place” and distances between selling/serving areas. 4.4(4) The “place” must satisfy the health, safety, fire and seating requirements of the division, local authorities and the Iowa department of inspections and appeals. 4.4(5) Any other criteria as required by the administrator. This rule is intended to implement Iowa Code sections 123.3(25)123.3(29) and 123.4.

ITEM 7. Amend rule 185—4.5(123) as follows:

185—4.5(123) Mixed drinks or cocktails not for immediate consumption. An on-premises liquor controlA class “C,” class “D,” or class “F” retail alcohol licensee may mix, store, and allow the consumption of mixed drinks or cocktails which are not for immediate consumption for up to 72 hours, subject to the requirements and restrictions provided in 2012 Iowa Acts, House File 2465, section 22,Iowa Code section 123.49(2)“d” and this rule. 4.5(1) Definitions. "Immediate consumption.," For purposes of Iowa Code section 123.49(2)“d” as amended by 2012 Iowa Acts, House File 2465, section 22, and this rule, “immediate consumption” is defined asfor the purposes of this rule, means the compounding and fulfillment of a mixed drink or cocktail order upon receipt of the order for the mixed drink or cocktail. "Mixed drink or cocktail.," A mixed drink or cocktail is a beverage composed in whole or in part of alcoholic liquors, combined with other alcoholic beverages or nonalcoholic beverages or ingredients including but not limited to ice, water, soft drinks, or flavoringsfor the purposes of this rule, means an alcoholic beverage as defined in Iowa Code section 123.3(32). 4.5(2) Location. Mixed drinks or cocktails which are not for immediate consumption shall be mixed, stored, and consumed on the liquor controlretail alcohol licensed premises. Mixed drinks or cocktails shall not be removed from the licensed premises. 4.5(3) No change. 4.5(4) Container. A mixed drink or cocktail which is not for immediate consumption shall at all times be in a container compliant with applicable state and federal food safety statutes and regulations. a. The mixed drink or cocktail shall be mixed and remain stored in the same container. b. The mixed drink or cocktail shall be removed from the stored container for one of the following dispensing purposes: (1) To compound and fulfill a mixed drink or cocktail order upon receipt of the order for the mixed drink or cocktail. (2) For transfer into a pourable container. The pourable container shall have affixed a label compliant with subrule 4.5(5) displaying label information identical to that on the container from which the contents were poured. The expiration date and time shall not be extended by the transfer of product to a pourable container. c. The mixed drink or cocktail may be strained into another container when each of the following conditions is met: (1) The mixed drink or cocktail is returned without delay to the labeled container from which it was strained. (2) The container and process are compliant with applicable state and federal food safety statutes and regulations. d. An original package of alcoholic liquor as purchased from the division or an original package of wine shall not be used to mix, store, or dispense a mixed drink or cocktail, pursuant to Iowa Code section 123.49(2)“d”as amended by 2012 Iowa Acts, House File 2465, section 22, and section 123.49(2)“e.”and “e.” e. The mixed drink or cocktail shall not be mixed, stored, or dispensed from a container bearing an alcoholic beverage name brand. 4.5(5) Label. A label shall be placed on a container when the contents of the mixed drink or cocktail are placed into the empty container. a. Contents are defined in subrule 4.5(6). b. The label shall be subject to the following requirements and restrictions: (1) The label shall be affixed to the container in a conspicuous place. (2) The label shall legibly identify the month, day, and year the contents are placed into the empty container. (3) The label shall legibly identify the time the contents were placed into the empty container. The time shall be reported to the minute utilizing the 12-hour clock, and include either the ante meridian (AM) or post meridian (PM) part of time. (4) The label shall legibly identify the month, day, and year the contents expire. (5) The label shall legibly identify the time the contents expire. The time shall be reported in the same manner as reported in subparagraph 4.5(5)“b”(4). (6) The label shall legibly specify the title of the recipe used for the contents of the container. (7) The label shall legibly identify the person who prepared the contents of the container. (8) The label shall legibly identify the size of the batch within the container and be conspicuously marked with the words “CONTAINS ALCOHOL.” (9) The label shall be removed from the container once the entire contents have been consumed, transferred to a pourable container pursuant to subparagraph 4.5(4)“b”(2), or destroyed and disposed of in accordance with applicable law. (10) A label shall not be reused, nor shall a removed label be reapplied to a container. (11) A new label, subject to the requirements and restrictions of paragraph 4.5(5)“b,” shall be placed on the container for each prepared batch of mixed drinks or cocktails which is not for immediate consumption. c. A licensee may access a label template on the website of the division located at www.IowaABD.com. 4.5(6) Contents. Contents include alcoholic beverages, nonalcoholic ingredients, or combination thereof, which are not for immediate consumption. a. A licensee is limited to utilizing alcoholic beverages in the mixed drink or cocktail which are authorized by the license. b. A licensee shall utilize alcoholic beverages in the mixed drink or cocktail which are obtained as prescribed by Iowa Code chapter 123. c. The added flavors and other nonbeverage ingredients of the mixed drink or cocktail shall not include hallucinogenic substances, added caffeine or added stimulants including but not limited to guarana, ginseng, and taurine, or a controlled substance as defined in Iowa Code section 124.401. 4.5(7) Disposal. a. Any mixed drink or cocktail, or portion thereof, not consumed within 72 hours of the contents’ being placed into the empty container is expired and shall be destroyed and disposed of in accordance with applicable law. b. An expired mixed drink or cocktail which is not for immediate consumption shall not be: (1) Added to an empty container and relabeled; or (2) Added to another mixed drink or cocktail which is not for immediate consumption. 4.5(8) Records. A licensee shall maintain accurate and legible records for each prepared batch of mixed drinks or cocktails which is not for immediate consumption. a. Records shall contain: (1) The month, day, and year the contents are placed into the empty container. (2) The time the contents are placed into the empty container. The time shall be reported in the same manner as reported in subparagraph 4.5(5)“b”(4). (3) Each alcoholic beverage, including the brand and the amount, placed in the container. The amount of each alcoholic beverage shall be reported utilizing the metric system. (4) Each nonalcoholic ingredient placed in the container. (5) The recipe title and directions for preparing the contents of the container. (6) The size of the batch. (7) The identity of the person who prepared the contents of the container. (8) The month, day, and year the contents of the container are destroyed and disposed of or entirely consumed. (9) The time the contents of the container are destroyed and disposed of or entirely consumed. The time shall be reported in the same manner as reported in subparagraph 4.5(5)“b”(4). (10) The method of destruction and disposal or shall specify that the entire contents were consumed. (11) The identity of the person who destroyed and disposed of the contents, if the contents were not consumed. b. A licensee may access record-keeping forms on the website of the division located at www.IowaABD.com, by sending a request by fax to (515)281-7375, or by sending a request by mail to Alcoholic Beverages Division, 1918 SE Hulsizer Road, Ankeny, Iowa 50021. c. Records shall be maintained on the licensed premises for a period of three years and shall be open to inspection pursuant to Iowa Code section 123.30(1)123.33. 4.5(9) Dispensing machines. A dispensing machine which contains a mixed drink or cocktail with alcoholic beverages is subject to the requirements and restrictions of this rule. 4.5(10) Food safety compliance. A licensee who mixes, stores, and allows the consumption of mixed drinks or cocktails which are not for immediate consumption shall comply with all applicable state and federal food safety statutes and regulations. 4.5(11) Federal alcohol compliance. A licensee who mixes, stores, and allows the consumption of mixed drinks or cocktails which are not for immediate consumption shall comply with all applicable federal statutes and regulations. Prohibitions include but are not limited to processing with non-tax-paid alcoholic liquor, aging alcoholic liquor in barrels, heating alcoholic liquor, bottling alcoholic liquor, and refilling alcoholic liquor or wine bottles. 4.5(12) Violations. Failure to comply with the requirements and restrictions of this rule shall subject the licensee to the penalty provisions of Iowa Code section 123.39. This rule is intended to implement Iowa Code subsectionsection123.49(2)as amended by 2012 Iowa Acts, House File 2465, section 22.

ITEM 8. Amend rule 185—4.6(123) as follows:

185—4.6(123) Filling and selling of beer in a container other than the original container. Class “B,” class “C,” and special class “C,” liquor controland class “E” retail alcohol licensees, class “B” and class “C” beer permittees, and the licensee’s or permittee’s employees may fill, refill, and sell beer in a container other than the original container, otherwise known as a growler, subject to the requirements and restrictions provided in Iowa Code section 123.131 as amended by 2020 Iowa Acts, House File 2540, section 14; Iowa Code section 123.132;123.31A and this rule. 4.6(1) Definitions. "Beer," for the purposes of this rule, means “beer” as defined in Iowa Code section 123.3(7) and “high alcoholic content beer” as defined in Iowa Code section 123.3(22). "Growler," for the purposes of this rule, means any fillable and sealable glass, ceramic, plastic, aluminum, or stainless steel container designed to hold beer or high alcoholic content beer. "Original container," for the purposes of this rule, means a vessel containing beer that has been lawfully obtained and has been securely capped, sealed, or corked at the location of manufacture. For special class “A” beer permit holders, an “original container” includes a tank used for storing and serving beer. 4.6(2) Filling and refilling requirements. a. A growler shall have the capacity to hold no more than 72 ounces. b. A growler shall be filled or refilled only by the licensee or permittee or the licensee’s or permittee’s employees who are 18 years of age or older. c. A growler shall be filled or refilled only on demand by a consumer at the time of the sale. d. A growler shall be filled or refilled only with beer from the original container procured from a class “A” beer permittee unless the beer being used to fill or refill a growler on the premises of a special class “A” beer permit holder was manufactured by that special class “A” beer permit holder on the permitted premises. e. A retailer may exchange a growler to be filled or refilled. f. The filling or refilling of a growler shall at all times be conducted in compliance with applicable state and federal food safety statutes and regulations. 4.6(3) Sealing requirements. A filled or refilled growler shall be securely sealed at the time of the sale by the licensee or permittee or the licensee’s or permittee’s employees in the following manner: a. A growler shall bear a cap, lid, stopper, or plug. b. A plastic heat shrink wrap band, strip, or sleeve shall extend around the cap or lid or over the stopper or plug to form a seal that must be broken upon the opening of the growler. A lid permanently affixed with a can seamer shall not require a plastic heat shrink wrap band, strip, or sleeve. c. The heat shrink wrap seal shall be so secure that it is visibly apparent when the seal on a growler has been tampered with or a sealed growler has otherwise been reopened. d. A growler shall not be deemed an open container, subject to the requirements of Iowa Code sections 321.284 and 321.284A, provided the sealed growler is unopened and the seal has not been tampered with and the contents of the growler have not been partially removed. 4.6(4) Restrictions. a. A growler shall not be filled in advance of a sale. b. A growler filled pursuant to this rule shall not be delivered or direct-shipped to a consumer. c. A growler filled pursuant to this rule shall not be sold or otherwise distributed to a retailer. d. A licensee or permittee or a licensee’s or permittee’s employees shall not allow a consumer to fill or refill a growler. e. The filling, refilling and selling of a growler shall be limited to the hours in which alcoholic beverages may be legally sold. f. A filled or refilled growler shall not be sold to any consumer who is under legal age, intoxicated, or simulating intoxication. g. An original container shall only be opened on the premises of a class “C” beer permittee“B” or class “E” retail alcohol licensee for the limited purposes of filling or refilling a growler as provided in this rule, or for a tasting in accordance with rule 185—16.7(123). h. A class “C” beer permittee shall only fill a growler at the time of an in-person sale. 4.6(5) No change. This rule is intended to implement Iowa Code sections 123.123, 123.131, and 123.132section 123.31A.

ITEM 9. Amend rule 185—4.7(123) as follows:

185—4.7(123) Improper conduct. 4.7(1) Illegality on premises. Illegality on premises. Noretail alcohol licensee, permittee, theiror the licensee’s agent or employee, shall engage in any illegal occupation or illegal act on the licensed premisepremises. 4.7(2) Cooperation with law enforcement officers. Cooperation with law enforcement officers. Noretail alcohol licensee, permittee, theiror the licensee’s agent or employee, shall refuse, fail or neglect to cooperate with any law enforcement officer in the performance of such officer’s duties to enforce the provisions of the Act. 4.7(3) Illegal activities. Illegal activities. Noretail alcohol licensee, permittee, theiror the licensee’s agent or employee, shall knowingly allow in or upon the licensed premises any conduct as defined in Iowa Code sections 725.1, 725.2, 725.3, 728.2, 728.3 and 728.5. 4.7(4) Frequenting premises. Frequenting premises. Noretail alcohol licensee, permittee, theiror the licensee’s agent or employee, shall knowingly permit the licensed premises to be frequented by, or become the meeting place, hangout or rendezvous for known pimps, panhandlers or prostitutes, or those who are known to engage in the use, sale or distribution of narcotics, or in any other illegal occupation or business. 4.7(5) Prohibited interest in business of licensee. Rescinded IAB 5/15/91, effective 6/19/91. 4.(6) 4.7(5) Open containers of alcoholic beverages. Noretail alcohol licensee, permittee, its agents or employeesor the licensee’s agent or employee, shall allow any filled, partially filled, or empty liquor glasses or liquor bottles, including miniature liquor bottles during the holiday season, to be taken off the licensed premises, excluding mixed drinks or cocktails pursuant to Iowa Code section 123.49(2)“d”(3). However, unopened and opened containers and glasses of beer may be allowed to be taken off the licensed premises. A class “E” liquor controlretail alcohol licensee, its agents or employeesor the licensee’s agent or employee, shall not permit other liquor control licensees or consumers to remove partially filled, empty, open or unsealed containers of alcoholic liquor from the class “E”retail alcohol licensed premises. 4.(7) 4.7(6) Identifying markers. Identifying markers. A licensee shall not keep on the licensed premises nor use for resale alcoholic liquor which does not bear identifying markers as prescribed by the administrator of thisthe division. Identifying markers shall demonstrate that the alcoholic liquor was lawfully purchased from thisthe division. 4.7(8) A licensee or permittee, or an agent or employee of a licensee or permittee, who sells, gives or otherwise supplies alcoholic liquor, wine or beer to a person 19 or 20 years old does not subject the license or permit to suspension or revocation. The division or the local authority shall not impose any administrative sanction, including license suspension or revocation, upon a licensee or permittee who is convicted of a violation of Iowa Code section 123.47A, nor shall administrative proceedings pursuant to Iowa Code chapter 17A and Iowa Code section 123.39 be commenced against a licensee or permittee for a violation of Iowa Code section 123.47A. 4.7(9) The holder of a class “E” liquor control license shall sell alcoholic liquor in original, sealed and unopened containers only for off-premises consumption. This rule is intended to implement Iowa Code subsectionsection123.49(2).

ITEM 10. Amend rule 185—4.8(123) as follows:

185—4.8(123) Violation by agent, servant or employee. Any violation of the Act or the rules of the division by any employee, agent or servant of a licensee or permittee shall be deemed to be the act of the licensee or permittee and shall subject the license or permit of said licensee or permittee to suspension or revocation. This rule is intended to implement Iowa Code sections 123.4 and 123.49(2).

ITEM 11. Amend rule 185—4.9(123) as follows:

185—4.9(123) Gambling evidence. The intentional possession or willful keeping of any gambling device, machine or apparatus as defined in Iowa Code section 99A.1725.9 upon the premises of any establishment licensed by the division shall be prima facie evidence of a violation of Iowa Code section 123.49(2)“a” and subject the license of said licensee or permittee to suspension or revocation. This rule is intended to implement Iowa Code sections 123.4 and 123.49.

ITEM 12. Amend rule 185—4.11(123) as follows:

185—4.11(123) Filling and selling of wine and native wine in a container other than the original container. Class “C” liquor control licensees; class “B,” class “B” native, and class “C” native wine permitteesClass “B,” class “C,” special class “C,” and class “E” retail alcohol licensees; special class “B” and special class “C” retail native wine licensees; and the licensee’s or permittee’s employees may fill, refill, and sell wine or native wine in a container other than the original container, otherwise known as a growler, subject to the requirements and restrictions provided in Iowa Code sections 123.178, 123.178A, and 123.178B as amended by 2020 Iowa Acts, House File 2540, sections 4, 5, 6, 7, 8, and 9,123.30, 123.31A, and 123.31B and in this rule. 4.11(1) Definitions. "Growler," for the purposes of this rule, means any fillable and sealable glass, ceramic, plastic, aluminum, or stainless steel container designed to hold wine or native wine. "Native wine," for the purposes of this rule, means wine manufactured in Iowa by fermentation of fruit, vegetables, dandelions, clover, honey, or any combination of these ingredients by a class “A” wine permitteethe same as defined in Iowa Code section 123.3(36). "Original container," for the purposes of this rule, means a vessel containing wine or native wine that has been lawfully obtained and has been securely capped, sealed, or corked at the location of manufacture. "Wine," for the purposes of this rule, means “wine”the same as defined in Iowa Code section 123.3(54)123.3(53). 4.11(2) Filling and refilling requirements. a. A growler shall have the capacity to hold no more than 72 ounces. b. A growler shall be filled or refilled only by the licensee or permittee or the licensee’s or permittee’s employees who are 18 years of age or older. c. A growler shall be filled or refilled only on demand by a consumer at the time of the sale. d. A growler shall be filled or refilled only with wine or native wine from the original container procured from a class “A” wine permittee. e. Class “B” native and class “C” native wine permitteesSpecial class “B” and special class “C” retail native wine licensees shall fill a growler with only native wine. f. A retailer may exchange a growler to be filled or refilled. g. The filling or refilling of a growler shall at all times be conducted in compliance with applicable state and federal food safety statutes and regulations. 4.11(3) Sealing requirements. A filled or refilled growler shall be securely sealed at the time of the sale by the licensee or permittee or the licensee’s or permittee’s employees in the following manner: a. A growler shall bear a cap, lid, stopper, or plug. b. A plastic heat shrink wrap band, strip, or sleeve shall extend around the cap or lid or over the stopper or plug to form a seal that must be broken upon the opening of the growler. A lid permanently affixed with a can seamer shall not require a plastic heat shrink wrap band, strip, or sleeve. c. The heat shrink wrap seal shall be so secure that it is visibly apparent when the seal on a growler has been tampered with or a sealed growler has otherwise been reopened. d. A growler shall not be deemed an open container, subject to the requirements of Iowa Code sections 321.284 and 321.284A, provided the sealed growler is unopened and the seal has not been tampered with and the contents of the growler have not been partially removed. 4.11(4) Restrictions. a. A growler shall not be filled in advance of a sale. b. A growler filled pursuant to this rule shall not be delivered or direct-shipped to a consumer. c. A growler filled pursuant to this rule shall not be sold or otherwise distributed to a retailer. d. A licensee or permittee or a licensee’s or permittee’s employees shall not allow a consumer to fill or refill a growler. e. The filling, refilling, and selling of a growler shall be limited to the hours in which alcoholic beverages may be legally sold. f. A filled or refilled growler shall not be sold to any consumer who is under legal age, intoxicated, or simulating intoxication. g. An original container shall only be opened on the premises of a class “B” or class “B” native wine permitteeand class “E” retail alcohol licensee for the limited purposes of filling or refilling a growler as provided in this rule, or for a tasting in accordance with rule 185—16.7(123). 4.11(5) Violations. Failure to comply with the requirements and restrictions of this rule shall subject the licensee or permittee to the penalty provisions provided in Iowa Code chapter 123. This rule is intended to implement Iowa Code sections 123.172, 123.178, 123.178A, and 123.178B123.30, 123.31A, and 123.31B and section 123.31C as enacted by 2023 Iowa Acts, House File 677, section 5.

ITEM 13. Amend rule 185—4.13(123) as follows:

185—4.13(123) Outdoor service. Any licensee or permittee having an outdoor, contiguous, discernible area on the same property on which their licensed establishment is located may serve the type of alcoholic liquor or beerbeverage permitted by the license or permit in the outdoor area. After a licensee or permittee satisfies the requirements of this rule, theythe licensee may serve and sell beer or liquoralcoholic beverages in both theirthe licensee’s indoor licensed establishment and in theirthe licensee’s outdoor area at the same time because an outdoor area is merely an extension of theirthe licensee’s licensed premisepremises and is not a transfer of their license. A licensee or permittee, prior to serving in the outdoor area, must file with thisthe division:

A new diagram showing the discernible outdoor area.
A letter from licensee or permittee telling what dates the outdoor area will be used.
3A letter from localLocal authority approvingapproval of the outdoor area.
4A letter from the insurance and bonding companies acknowledgingInsurance company acknowledgment that the outdoor area is covered by the dramshop insurance policy and the bond.

This rule is intended to implement Iowa Code sections 123.3(20)123.3(29), 123.4 and 123.38.

ITEM 14. Amend rule 185—4.14(123) as follows:

185—4.14(123) Revocation or suspension by local authority. When the local authority revokes or suspends a beer permit, wine permit, or liquor controlretail alcohol license, theythe local authority shall notify the division in written form stating the reasons for the revocation or suspension and in the case of a suspension, the length of time of the suspension. This rule is intended to implement Iowa Code sections 123.4, 123.32, and 123.39.

ITEM 15. Amend rule 185—4.15(123) as follows:

185—4.15(123) Suspension of liquor controlretail alcohol license, wine permit, or beer permit. At the time of the suspension of anyretail alcohol license, wine permit, or beer permit by the division, there shall be placed, in a conspicuous place in the front door or window of the licensed establishment, a placard furnished by the division showing that the license or permit of that establishment has been suspended by the division and such placard shall also show the number of days and reason for the suspension. No licensee or permittee shall remove, alter, obscure or destroy said placard without the express written approval of the division. This rule is intended to implement Iowa Code sections 123.4 and 123.39.

ITEM 16. Rescind and reserve rule 185—4.16(123).

ITEM 17. Amend rule 185—4.17(123) as follows:

185—4.17(123) Prohibited storage of alcoholic beverages and wine. No licensee shall permit alcoholic beverages and wine, purchased under authority of a retailalcohol license or retail permit, to be kept or stored upon any premises other than those licensed. However, under special circumstances, the administrator may authorize the storage of alcoholic beverages and wine on premises other than those covered by the license or permit. The administrator may allow class “D” liquor controlretail alcohol licensees to store alcoholic liquor and wine in a bonded warehouse to be used for consumption in Iowa, under the authority of a class “D” liquor controlretail alcohol license. This rule is intended to implement Iowa Code sections 123.4 and 123.21(11)123.10(11).

ITEM 18. Amend rule 185—4.18(123) as follows:

185—4.18(123) Transfer of license or permit to another location. A licensee or permittee cannot transfer to anyone else the right to use the liquorretail alcohol license, wine permit, or beer permit of the licensee or permittee; the right of transfer is merely an opportunity for a licensee or permittee to use the licensee’s or permittee’s liquorretail alcohol license, wine permit, or beer permit at a different location. A liquorretail alcohol license, wine permit, or a beer permit may only be transferred within the boundaries of the local authority which approved the license or permit. 4.18(1) Permanent transfers. A person may obtain an applicationapply for a permanent transfer from the local authority or the division. The application must be approved by the local authority and sent to the division prior to the transfer. An endorsement from theThe insurance company holding the dramshop policy listing the new address must be sent to the divisionendorse the application prior to the transfer. When the above requirements are met, the division shall issue an amended license or permit showing the new permanent address. 4.18(2) Temporary transfers. If the transfer of aretail alcohol license or permit is for the purpose of accommodating a special event or circumstance temporary in nature, the minimum time of transfer is hereby set at 24 hours and transfer time shall not exceed seven days. A letter fromperson may apply for a temporary transfer. The application must be approved by the local authority granting the temporary transfer must be sent toand the division. The insurance company holding the dramshop policy must be notified of any change of addressendorse the application prior to the transfer. This rule is intended to implement Iowa Code sections 123.4 and 123.38.

ITEM 19. Amend rule 185—4.19(123) as follows:

185—4.19(123) Execution and levy on alcoholic liquor, wine, and beer. Judgments or orders requiring the payment of money or the delivery of the possession of property may be enforced against liquor controlretail alcohol licensees,and beerpermittees, and wine permittees by execution pursuant to the provisions of Iowa Code chapter 626., entitled “Executions.” 4.19(1) A secured party as defined in Iowa Code section 554.9105(1)“m”554.9102(1)“by” may take possession of and dispose of a liquor controlretail alcohol licensee’s or permittee’s alcoholic liquor, wine, and beer in which the secured party has a security interest in such collateral pursuant to the provisions of Iowa Code chapter 554. The secured party may operate under the liquor controlretail alcohol license or permit of its debtor as defined in Iowa Code section 554.9105(1)“d”554.9102(1)“ad” for the purpose of disposing of the alcoholic liquor, wine, and beer. However, if the debtor is a class “E” liquor controlretail alcohol licensee, the secured party may not purchase alcoholic liquor from the division to continue to operate its debtor’s business. A secured party operating under the liquor controlretail alcohol license or permit of its debtor shall dispose of the alcoholic liquor, wine, and beer by sale only to persons authorized under Iowa Code chapter 123 to purchase alcoholic liquor, wine, and beer from the debtor. When a secured party takes possession of a liquor controlretail alcohol licensee’s or permittee’s alcoholic liquor, wine, and beer, the secured party shall notify the division in writing of such action. A secured party shall further inform the division of the manner in which it intends to dispose of the alcoholic liquor, wine, and beer and shall state the reasonable length of time in which it intends to operate under the liquor controlretail alcohol license or permit of its debtor. The secured party shall notify the division in writing when the disposition of its collateral has been completed, and the secured party shall cease operating under the liquor controlretail alcohol license or permit of its debtor. 4.19(2) A sheriff or other officer acting pursuant to Iowa Code chapter 626 may take possession of a liquor controlretail alcohol licensee’s or permittee’s alcoholic liquor, wine, and beer and may dispose of such inventory according to the provisions of Iowa Code chapter 626; however, the sheriff or other officer must sell the alcoholic liquor, wine and beer only to those persons authorized by Iowa Code chapter 123 to purchase alcoholic liquor, wine, and beer from the liquor controlretail alcohol licenseeor permittee whose inventory is subject to the execution and levy. The sheriff or other officer shall notify the division in writing at the time the sheriff or officer takes possession of a liquor controlretail alcohol licensee’s or permittee’s alcoholic liquor, wine, and beer and shall further notify the division of the time and place of the sale of such property. This rule is intended to implement Iowa Code sections 123.4, 123.21(3)123.10, and 123.38.

ITEM 20. Amend rule 185—4.20(123) as follows:

185—4.20(123) Liquor store checksClass “E” retail alcohol licensee methods of payment accepted. The Iowa state liquor stores and the division may acceptpersonal or business checks from holders of a retail liquor control license, including a class “E” licensee, under the following conditions:a class “E” retail alcohol licensee made payable to the division for the amount of the purchase which has been certified by the bank on which the check is drawn. Bank drafts, signed by the licensee, will be accepted.

The check must be either the personal check of the licensee or the business check of the licensee. The business check must be the named establishment on the license and cannot be a check on another business owned or operated by the licensee.
The check must be signed by the licensee. (For all holders of liquor control licenses this is interpreted as those persons whose authorized signatures are on file with the bank for the licensee’s account). However, this does not preclude an agent of the licensee from presenting a check signed by the licensee in the normal transaction of buying liquor.
Traveler’s checks and bank drafts, signed by the licensee, will be accepted.
Personal checks or traveler’s checks may be accepted as payment for purchases in state liquor stores. Second party checks shall not be accepted as payment for purchases in state liquor stores. Vendors shall follow the policy established by the administrator of the division for accepting personal checks and traveler’s checks for the purchase of alcoholic beverages.

4.20(1) If a licensee presents this division with a check which is subsequently dishonored by the licensee’s bank, the administrator of this division shall cause a written notice of nonpayment and penalty to be served upon the licensee. If the licensee fails to satisfy the obligation within ten days after service of the notice, the administrator or designee shall hold a hearing as in other contested cases pursuant to Iowa Code chapter 17A to determine whether or not the licensee failed to satisfy the obligation within ten days after service of the notice of nonpayment and penalty. If the administrator determines that the licensee has failed to satisfy the obligation, after notice and an opportunity to be heard, the administrator shall suspend the licensee’s liquor control license for a period of not less than 3 and not more than 30 days. 4.(2) 4.20(1) A retail liquoralcohol licensed establishment which tenders the division one insufficient funds checkbank draft for the purchase of alcoholic liquor will lose its check-writingbank draft privilege for 90 days from the date the establishment pays the division even though the division does not suspend the liquor license because the establishment paid the division within the 10-day demand period. A retail liquoralcohol licensed establishment which tenders the division more than one insufficient funds checkbank draft for the purchase of alcoholic liquor will lose its check-writingbank draft privilege for 180 days from the date the establishment pays the division even though the division does not suspend the liquor license because the establishment paid the division within the 10-day demand period.During the period that a licensee may not tender checksbank drafts to the state liquor stores or this division in payment for alcoholic liquor, state liquor stores and thisthe division may accept from the licensee: cash,a money order payable to the division for the amount of the purchase, a bank cashier’s check signed by a bank official and made payable to the division for the amount of the purchase, or the licensee’s personal or business check made payable to the division for the amount of the purchase which has been certified by the bank on which the check is drawn. 4.(3) 4.20(2) The division may collect from the licensee a $10 fee for each dishonored checkbank draft tendered to the division by a licensee for the purchase of alcoholic beverages. 4.20(4) The division may accept from the general public for alcoholic beverages traveler’s checks issued in a foreign country if payment is in U.S. dollars. 4.(5) 4.20(3) The division may require, at the discretion of the administrator, that a licensee submit a letter of credit in a reasonable amount to be determined by the administrator for future purchases of alcoholic liquor from the division, when a licensee tenders to the division a checkbank draft which is subsequently dishonored by the bank on which the check is drawn if the licensee fails to satisfy the obligation within ten days after service of notice of nonpayment and penalty. This rule is intended to implement Iowa Code sections 123.4 and 123.24.

ITEM 21. Rescind and reserve rule 185—4.21(123).

ITEM 22. Rescind and reserve rule 185—4.22(123).

ITEM 23. Amend rule 185—4.25(123) as follows:

185—4.25(123) Age requirements. Persons 21 years of age or older may hold a liquorretail alcohol license, wine permit, or beer permit; however, persons who are between the ages of 18 and 21 and hold a liquor license, wine permit, or beer permit before September 1, 1986, are not affected by or subject to this rule, and may hold such license or permit even though the licensee or permittee has not attained the age of 21. Persons 18 years of age and older may be bartenders, waiters, waitresses, and may handle alcoholic beverages, wine, and beer during the course of the person’s employment for a licensee or permittee in establishments in which alcoholic beverages, wine, and beer are consumed. Persons 16 years of age and older may sell beer and winealcoholic beverages in off-premises beer and wine establishments. Persons must be 18 years of age or older to work in a state liquor store. This rule is intended to implement Iowa Code sections 123.30, 123.47A and 123.49.

ITEM 24. Amend rule 185—4.26(123) as follows:

185—4.26(123) Timely filed status. 4.26(1) In addition to the requirements which may be imposed by a local authority upon the holder of an alcoholic beverages license or permita retail alcohol license to obtain timely filed status of a renewal application, the division may grant timely filed status if the applicant complies with the following conditions: a. The applicant filessubmits a completed application with the local authority or the division as required by applicable law. b. The applicant files aA current dram shopdramshop liability certificate with the local authority or the divisionhas been endorsed by the insurance company if proof of dram shopdramshop liability is required as a condition precedent to the issuance of the license or permit. c. The applicant pays the appropriate license or permit fee in full to the local authority or the division as required by applicable law. d. The applicant files aA bond with the local authority or the divisionhas been certified by the carrier if a bond is required as a condition precedent to the issuance of the license or permit under applicable law. 4.26(2) Timely filed status allows the holder of the license or permit to continue to operate under a license or permit after its expiration and until the local authority and the division have finally determined whether the license or permit should be issued. If the application for the license or permit is denied, timely filed status continues until the last day for seeking judicial review of the division’s action. 4.26(3) An applicant for a new alcoholic beveragesretail alcohol license or permit may not sell alcoholic liquor, wine or beer in the proposed establishment until a license or permit has been granted by the division. This rule is intended to implement Iowa Code sections 123.32, 123.35 and 17A.18.

ITEM 25. Amend rule 185—4.28(123) as follows:

185—4.28(123) Use of establishment during hours alcoholic liquor, wine, and beerbeverages cannot be consumed. No one, includinga retail alcohol licensee, permittee, and employeesthe licensee’s employees, can consume beer, wine, or alcoholic beverages in their licensed establishment during hours which beer, wine, and alcoholic beverages cannot be sold. An establishment covered by a liquorretail alcohol license, wine permit, or beer permit can be used as a restaurant or any other lawful purpose during hours which beer, wine, or alcoholic liquoralcoholic beverages cannot be sold as long as beer, wine, or alcoholic beverages are not consumed during these hours. This rule is intended to implement Iowa Code section 123.49.

ITEM 26. Rescind and reserve rule 185—4.31(123).

ITEM 27. Rescind and reserve rule 185—4.33(123).

ITEM 28. Amend rule 185—4.34(123) as follows:

185—4.34(123) Determination of population. Decennial Censuses and Special Censuses done by the U.S. Census Bureau are recognized as being the official population of a town for the purpose of deciding the price of licenses and permits in that town, but estimates done by the U.S. Census Bureau cannot be viewed as being the official population when deciding the price of licenses and permits. This rule is intended to implement Iowa Code subsection 123.21(11)section 123.10(11).

ITEM 29. Amend rule 185—4.36(123) as follows:

185—4.36(123) Sale of alcoholic liquor and winebeverages stock when licensee or permittee sells business. When aretail alcohol licensee or permittee goes out of business, the licensee or permittee may sell the licensee’s or permittee’s stock of alcoholic liquor and winebeverages to the person who is going to operate a licensed establishment in the same location. This rule is intended to implement Iowa Code subsection 123.21(5)section 123.10.

ITEM 30. Rescind and reserve rule 185—4.37(123).

ITEM 31. Rescind and reserve rule 185—4.38(123).

ITEM 32. Amend rule 185—4.40(123) as follows:

185—4.40(123) Warehousing of beer and wine. A person holding a class “A” wine permit or a class “A” or “F” beer permit shall warehouse their wine or beer inventory within the state of Iowa. Persons issued a class “A” wine permit or class “A” or “F” beer permit prior to June 10, 1987, shall comply upon renewal or November 1, 1987, whichever date occurs first. A warehouse of a person holding a class “A” wine permit or a class “A” or “F” beer permit shall be considered a licensed premises. This rule is intended to implement Iowa Code sectionsections123.127and 123.175.

ITEM 33. Amend rule 185—4.41(123) as follows:

185—4.41(123) Vending machines to dispense alcoholic beverages prohibited. A liquor controlretail alcohol licensee or beer or wine permittee shall not install or permit the installation of vending machines on the licensed premises for the purpose of selling, dispensing or serving alcoholic beverages. A vending machine is defined as a slug, coin, currency or credit card operatedslug-, coin-, currency- or credit card-operated mechanical device used for dispensing merchandise, including single cans of beer or other alcoholic beverages, and includes a mechanical device operated by remote control and used for dispensing single cans of beer or other alcoholic beverages. A vending machine is not a unit installed in individual hotel or motel rooms used for the storage of alcoholic beverages and intended for the personal use of hotel or motel guests within the privacy of the guests’ rooms. This rule is intended to implement Iowa Code sections 123.47, 123.47A, 123.49(1), 123.49(2)“b,” 123.49(2)“h,” and 123.49(2)“k.”section 123.49.

ITEM 34. Amend rule 185—5.1(123) as follows:

185—5.1(123) Manufacture and sale of native wine. Manufacturers of native wine from grapes, cherries, other fruits or other fruit juices, vegetables, vegetable juices, dandelions, clover, honey, or any combination of these ingredients,as defined in Iowa Code section 123.3(36) may sell, keep or offer for sale and deliver their native wine subject to the following regulations and restrictions. 5.1(1) Manufacturer of native wine defined. A manufacturer of native wine is a person in Iowa who processes grapes, cherries, other fruits or other fruit juices, vegetables, vegetable juices, dandelions, clover, honey, or any combination of these ingredients, by fermentation into wine. 5.1(2) Residency requirements. A manufacturer of native wine who is a sole proprietor must be a resident of Iowa. At least one of the partners of a partnership which is a manufacturer of native wine must be a resident of Iowa. A corporation which is a manufacturer of native wine must be registered to do business in Iowa with the Iowa secretary of state’s office in lieu of any other residency requirements. 5.(3) 5.1(1) Licenses required. a. Class “A” native wine permit. Before selling its wine to the division, class “A” wine wholesalers, retail wine permittees, and liquor control licensees, a manufacturer of native wine shall apply for and shall obtain from the division one class “A” native wine permit and a $5,000 bond for its wineries and for its retail establishments. A class “A” native wine permit obtained for a native winery and for retail establishments costs $25 a year. A manufacturer of native wine may obtain an application for a class “A” native wine permit from the division and may submit the completed application and the $25 fee to the division without having to get the application approved by a local authority. Each class “A” native wine permit is valid for one year from the effective date and must be renewed each year. A manufacturer of native wine must display the original or a copy of its class “A” native wine permit in each of its native wineries and in each of its retail establishments. The $25 fee paid for a class “A” native winery is not refundable. A manufacturer of native wine must register its retail establishment on formsor systems provided by the division. The division shall issue a manufacturer of native wine duplicate copies of its class “A” native wine permit so that a copy of it can be posted in each winery and retail establishment. b. Vintner’s certificate of compliance.In order for a manufacturer of native wine to be able to sell its wine to the division, it must obtain an application for a vintner’s certificate of compliance from the division and must obtain a vintner’s certificate from the division at no expense in addition to obtaining from the division its one class “A” native wine permit. c. Class “B” wine permit.In order for a manufacturer of native wine to sell wine it did not manufacture, it must obtain a class “B” wine permit and a $1,000 bond for each native winery or retail establishment. 5.1(4) Exclusive operation of retail establishments. No person except a manufacturer of native wine can operate a class “A” native wine retail establishment. 5.1(5) Distance a retail establishment must be from a native winery. A manufacturer of native wine cannot have a retail establishment within five miles of a native winery not operated by the manufacturer of native wine. 5.1(6) Sale of native wine only. A manufacturer of native wine may sell wine it did not manufacture only if it obtains an appropriate retail wine permit for each location. 5.1(7) Hours of sale. A manufacturer of native wine can sell its native wine in its native winery and in its retail establishments on Mondays through Saturdays between the hours of 9 a.m. and 10 p.m. and on Sundays between the hours of 10 a.m. and 12 midnight. 5.1(8) Premises, books of account and records available for inspection. A manufacturer of native wine shall cause the premises, books of account, and records to be accessible and available at all reasonable times for inspection by representatives of the division, the law enforcement division of the Iowa department of public safety, or members of local police authority. 5.1(9) Delivery of native wine. A manufacturer of native wine may ship its native wine in closed containers to individual purchasers inside and outside Iowa. 5.(10) 5.1(2) Reports required. a. Monthly combined wine production and wine gallonage tax report. A monthly report is required showing the amount of wine on hand at the beginning of the month, the amount produced, the amount sold, the amount of wine gallonage tax due, and any other information requested. Report forms shall be furnished by the division. A manufacturer of native wine shall submit a report along with any wine gallonage tax payment toin the division’s licensing divisionsystem by the tenth of each month for the preceding month’s business. Reports and wine gallonage tax payments postmarkedsubmitted by the tenth of each month for the preceding month shall be considered timely. This report must be mailedsubmitted for each month even if no wine sales were made during the month. b. Annual report.A manufacturer of native wine shall, in January of each year, deliver to the division a complete report, sworn to under oath by the owner, a partner or corporate officer, showing the number of gallons of wine produced by the winery in the preceding year. Report forms shall be furnished by the division. 5.1(11) Wine gallonage tax. A manufacturer of native wine must pay to the division a $1.75 wine gallonage tax on its native wine it sells at wholesale: (1) to retail liquor licensees, (2) to retail beer permittees, (3) to retail wine permittees, and (4) to the division. A manufacturer of native wine does not pay the $1.75 wine gallonage tax on its native wine it: (1) sells at retail in Iowa in its winery and in its retail establishments, (2) ships to individuals inside and outside Iowa, and (3) sells to other class “A” wine permittees and to class “F” beer permittees. This rule is intended to implement Iowa Code sections 123.4, 123.56123.49, 123.176, and 123.183.

ITEM 35. Amend rule 185—5.2(123) as follows:

185—5.2(123) Annual productionProduction of a native distillery. 5.2(1) Native distillery. A native distillery is a business with an operating still which produces and manufactures native distilled spirits and holds a class “A” native distilled spirits licenseas defined in Iowa Code section 123.3(35). The total number of proof gallons of native distilled spirits produced and manufactured by a native distillery on an annual basis shall be used to determine the amount of native distilled spirits that may be sold per person per day from the native distillery’s licensed premises for off-premises consumption and to determine eligibility to obtain a class “C” native distilled spirits liquor control license. 5.(1) 5.2(2) Definitions. "Annual basis," for the purpose of this rule, means a year as defined in Iowa Code section 4.1(40) beginning January 1 and ending December 31. "Native distilled spirits" means an alcoholic beverage as defined in Iowa Code section 123.3(28)123.3(34). "Operating still," for the purpose of this rule, means a still that is registered with the Alcohol and Tobacco Tax and Trade Bureau pursuant to 27 CFR 19.75(b) and is actively used to manufacture spirits. "Proof gallon," for the purpose of this rule, means a United States gallon of proof spirits, or the alcoholic equivalent thereof, as defined by the Alcohol and Tobacco Tax and Trade Bureau pursuant to 27 CFR 30.11. 5.2(2) The total number of proof gallons of native distilled spirits produced and manufactured by a native distillery on an annual basis shall combine all production facilities of the business and shall be determined based on the 12-month sum of line 26 of Alcohol and Tobacco Tax and Trade Bureau Form 5110.28, Monthly Report of Processing Operations, filed monthly by the native distillery with the division, pursuant to Iowa Code section 123.43A(5). 5.2(3) The amount of native distilled spirits that may be sold per person per day from a native distillery’s licensed premises for off-premises consumption shall be determined based on the total number of proof gallons of native distilled spirits as determined in subrule 5.2(2) for the preceding calendar year beginning January 1 and ending December 31. 5.2(4) As a condition of obtaining a class “C” native distilled spirits liquor control license, a native distillery shall report to the division, at the time of application, the total number of proof gallons of native distilled spirits as determined in subrule 5.2(2) for the preceding calendar year beginning January 1 and ending December 31. This rule is intended to implement Iowa Code sections 123.3(29), 123.30(3)“c”(3), 123.31(6)123.43 and 123.43A.

ITEM 36. Rescind and reserve rule 185—5.3(123).

ITEM 37. Rescind and reserve rule 185—5.4(123).

ITEM 38. Rescind and reserve rule 185—5.6(123).

ITEM 39. Amend rule 185—5.7(123), implementation sentence, as follows: This rule is intended to implement Iowa Code sections 123.4, 123.21(11)123.10, 123.31 and 123.56123.49.

ITEM 40. Amend rule 185—5.8(123) as follows:

185—5.8(123) Dramshop liability insurance requirements. For the purpose of providing proof of financial responsibility, as required under the provisions of Iowa Code section 123.92, a liability insurance policy shall meet the following requirements. 5.8(1) Current certificate required. The dramshop liability certificate of insurance shall be issued by a company holding a current certificate of authority from the Iowa insurance commissioner authorizing the company to issue dramshop liability insurance in Iowa or issued under the authority and requirements of Iowa Code sections 515.120 and 515.122. The dramshop policy shall take effect the day the license or permit takes effect and shall continue until the expiration date of the license or permit. A new dramshop liability certificate of insurance shall be provided each time the division issues a new license. The dramshop liability certificate of insurance shall contain the following: the name of the insurance provider; the policy number; the name and address of the insured; the license or permit number of the insured, if applicable; and the policy effective dates. Upon request, an insurance company or an insured shall provide to the division a duplicate original of the policy and all pertinent endorsements. 5.8(2) Minimum coverage required. The dramshop liability insurance policy shall provide the following minimum liability coverage, exclusive in interests and cost of action, per occurrence: a. Fifty thousand dollars for bodily injury to or death of one person in each claim or occurrence. b. One hundred thousand dollars for bodily injury to or death of two or more persons in each occurrence. c. Twenty-five thousand dollars for loss of means of support of any one person in each occurrence. d. Fifty thousand dollars for loss of means of support of two or more persons in each occurrence. 5.8(3) Permitted policies. All dramshop policies issued under this rule shall be occurrence-based policies, not claims-made-based policies. a. Claims-made-based policies.Claims-made-based policies provide liability coverage only if a written claim is made during the policy period, or any applicable extended reporting period. b. Occurrence-based policies.Occurrence-based policies provide liability coverage only for injuries or damages that occur during the policy period regardless of the number of written claims made. 5.8(4) Cancellation. An insurance company or an insured may cancel a liability policy by giving a minimum of 30 days’ prior written notice to the division of the party’s intent to cancel the liability policy. The 30-day period shall begin on the date that the division receives the notice of cancellation. The party seeking to cancel a liability policy shall mail written notice of such cancellation to the division in Ankeny, Iowa, by certified mail, or other method deemed acceptable by the division, and shall mail a copy of the notice of cancellation to the licensee or permittee at that party’s post office address. The notice of cancellation shall contain the following: the name of the party to whom the copy of the notice of cancellation was mailed, the address to which the copy of the notice of cancellation was sent, the date on which the notice of cancellation was mailed, the date the liability policy is being canceled, and the liquor controlretail alcohol license or permit number of the licensee or permittee to be affected by such cancellation. 5.8(5) No change. 5.8(6) Proof of financial responsibility. A licensee or permittee shall be deemed to have furnished proof of financial responsibility as contemplated under the provisions of Iowa Code sections 123.92, 123.93, and 123.94 when the licensee or permittee has filed with the division at its offices in Ankeny, Iowa, a properly executed form as described by subrule 5.8(1), or by other method deemed acceptable by the division. 5.8(7) Signature required. Copies of the form described above shall not be deemed properly executed unless the authorized company representative executing the same shall first have filed with the division a sample of the representative’s signature. Electronic and facsimile signatures will be acceptable. 5.8(8) Single insurance policies for multiple establishments. Any licensee that holds multiple licenses throughout the state may purchase a single dramshop insurance policy for all locations provided that: a. The single dramshop insurance policy provides at least the minimum level of coverage required under this rule for each and every location covered by the policy. b. All other provisions of this rule are met by the single dramshop insurance policy. 5.8(9) Assault and battery policy requirement. Any dramshop insurance policy issued under this rule shall not contain an exclusionary clause for assault and battery or intentional force with regard to: a. Employees, agents or any person acting as an agent of the establishment. b. All patrons or visitors to the establishment. 5.8(10) Implementation dates. During the 12-month period commencing on September 1, 2003, all licensees and permittees applying for or renewing a license or permit shall obtain a dramshop insurance policy that conforms to the provisions of rule 5.8(123). This rule is intended to implement Iowa Code sections 123.92, 123.93 and 123.94.

ITEM 41. Amend rule 185—5.9(123) as follows:

185—5.9(123) Surety bond requirements. A $5,000 surety bond shall be filed with the division with each application for a class “A” wine permit and with each application for a wine direct shipper license unless the applicant for the wine direct shipper license posted a surety bond as part of obtaining a class “A” wine permit. A $10,000 surety bond shall be filed with the division for each application for a class “A” beer permit or special class “A” beer permit. A surety bond in an amount of at least $5,000 but not more than $15,000 shall be filed with the division with each application for a class “E” liquor control license. Each surety bond shall meet the following requirements. 5.9(1) Certificate of authority. The surety bond shall be issued by a company holding a current certificate of authority from the commissioner of insurance authorizing the company to issue bonds in Iowa. 5.9(2) Forfeiture of bond. The surety bond shall contain a provision for the principal and surety to consent to the forfeiture of the principal sum of the bond in the event of revocation of the license or permit by the violation of any Iowa Code provision which requires forfeiture of the bond. 5.9(3) Cancellation. A surety company or a principal may cancel a bond by giving a minimum of 30 days’ written notice to thisthe division of the party’s intent to cancel the bond. The 30-day period shall commence on the date that thisthe division receives the notice of cancellation. The party seeking to cancel a bond shall submit written notice of such cancellation to the division in Ankeny, Iowa, and further shall submit a copy of the notice of cancellation to the other party. The notice of cancellation shall containthe following: the name of the party to whom the copy of the notice of cancellation was submitted, the date on which the notice of cancellation was submitted, the date the bond is being canceled, and the license or permit number of the licensee or permittee to be affected by such cancellation. 5.9(4) Proof of bond. A licensee or permittee shall be deemed to have furnished a surety bond when the licensee or permittee has: a. filedFiled with the division a form prescribed by the division containing the following: the name of the bond provider; the city and state where the bond provider is located; the bond number, the names of the principal, and the city and state where the principal is located; the amount of the bond; the type of license or permit guaranteed by the bond; the effective date of the bond; signatures of the principal and the bond provider; and any other information the administrator of the division may require., or b. Met this requirement by any other method deemed acceptable by the administrator of the division or a designee. 5.9(5) Alternate for surety bond. Rescinded IAB 5/15/91, effective 6/19/91. 5.9(6) Two bonds. Rescinded IAB 5/15/91, effective 6/19/91. 5.9(7) Class “E” bond. Rescinded IAB 10/31/01, effective 12/5/01. This rule is intended to implement Iowa Code sections 123.30, 123.50, 123.127,and123.175, and 123.187.

ITEM 42. Amend subrule 8.2(4) as follows: 8.2(4) Special order. Products that are not currently listed for sale by the division may be purchased through a special order placed with the supplier of the product. a. A request for a special order will be placed with the division by a class “E” liquor controlretail alcohol licensee. Special order requests shall be submitted electronically or in a manner prescribed by the administrator or the administrator’s designee. The administrator, or the administrator’s designee, may reject a special order request if it is determined that the requested product is in violation of the requirements set out in subparagraphs 8.3(3)“a”(1) and 8.3(3)“a”(2). b. If the division accepts a special order request, the request shall be forwarded on to the supplier of the product. The supplier may approve or deny the special order request. c. All special order products shall be sold and distributed by the division to class “E” liquor controlretail alcohol licensees by the case only. d. Special order products are not eligible for return to the division by a class “E” liquor controlretail alcohol licensee without approval from the administrator or the administrator’s designee.

ITEM 43. Amend subrule 8.2(7) as follows: 8.2(7) Quantity limitations. Quantities of listed products available for purchase by class “E” liquor controlretail alcohol licensees may be limited at the administrator’s, or the administrator’s designee’s, discretion.

ITEM 44. Amend subrule 8.6(3) as follows: 8.6(3) Price lists. The division shall publish a price list electronically on a monthly basis showing the price to be paid by class “E” liquor controlretail alcohol licensees for each brand, variety, and category of product available for sale by the division. The price list shall be published on the division’s website at shop.iowaabd.com and may be distributed to class “E” liquor controlretail alcohol licensees as deemed necessary by the administrator or the administrator’s designee.

ITEM 45. Amend rule 185—8.8(123) as follows:

185—8.8(123) Barrel programs. A supplier may offer a barrel program, allowing a class “E” liquor controlretail alcohol licensee to purchase the bottled contents of a barrel-aged product along with the aging barrel. 8.8(1) Barrel programs shall be uniformly offered to all class “E” liquor controlretail alcohol licensees. 8.8(2) Suppliers may sample barrel-aged products pursuant to rule 185—16.8(123). 8.8(3) Barrel program products shall be classified as special orders. 8.8(4) Products purchased as part of a barrel program shall be sold and delivered to the individual class “E” liquor controlretail alcohol licensee that placed the special order. Barrel program special orders and products shall not be split between two or more class “E” liquor controlretail alcohol licensees. 8.8(5) Aging barrels sold in conjunction with a barrel program shall bear conspicuous and substantial advertising matter. 8.8(6) Bottles from a barrel program may bear customized labels.

ITEM 46. Rescind and reserve 185—Chapter 17.

ITEM 47. Amend 185—Chapter 18, introductory paragraph, as follows: CHAPTER 18PUBLIC RECORDS AND FAIR INFORMATION PRACTICESThe alcoholic beverages division hereby adopts, with the following exceptions and amendments, rules of the Governor’s Task Force on Uniform Rules ofon Agency Procedure relating to public records and fair information practices, which are printed in the first Volume of the Iowa Administrative Codepublished at www.legis.iowa.gov/docs/Rules/Current/UniformRules.pdf on the general assembly’s website.

ITEM 48. Amend subparagraph 18.10(2)"g" as follows: (2) Information collected and maintained on licensees’ and permittees’ dramshop liability insurance.

ITEM 49. Amend rule 185—18.14(123,22) as follows:

185—18.14(123,22) Personally identifiable information. This rule describes the nature and extent of personally identifiable information which is collected, maintained, and retrieved by the agency by personal identifier in record systems as defined in rule 185—18.1(123,22). For each record system, this rule describes the legal authority for the collection of that information, the means of storage of that information and indicates whether a data processing system matches, collates, or permits the comparison of personally identifiable information in one record system with personally identifiable information in another record system. The record systems maintained by the agency are: 18.14(1) Licensing records. Licensing records include, but are not limited to, information identifying ownership, location, form of business entity and statements concerning eligibility of applicants to hold liquorretail alcohol licenses and permits. These records are collected and maintained pursuant to Iowa Code sections 123.19123.23, 123.29, 123.30, 123.33, 123.42, 123.56123.49, 123.124, 123.125, 123.127to 123.129, 123.135, 123.173, 123.175, 123.176, and 123.180. Licensing records are stored on microfiche, in an automated data processing system, and in extant form. The information stored in the automated data system does not match, collate or permit comparison with other data processing systems. The information contained in licensing records is public information. 18.14(2) Contested case matters. These records are collected and maintained pursuant to Iowa Code sections 17A.12, 17A.3(1)“d,”17A.3(2), 123.24, 123.39, 123.49, and 123.50. Contested case matters are stored on microfiche, and in extant form. The information stored does not match, collate or permit comparison with other data processing systems. The information contained in contested case matters is public information. Contested case matters include all pleadings, motions, briefs, orders, transcripts, exhibits, and physical evidence utilized in the resolution of the matter. 18.14(3) Waivers of rule and declaratory rulings. Waivers of rule and declaratory rulings may contain information which identifies individuals. These records are maintained pursuant to Iowa Code section 17A.9 and rule 1.3(123,17A). Waivers of rule and declaratory rulings are stored on microfiche and in extant form. The method of storage does not match, collate or permit comparison with other data processing systems. The information contained in waivers of rule and declaratory rulings is public information. 18.14(4) Purchase orders, invoices, account numbers and personal identification numbers. Purchase orders and invoices include, but are not limited to, records of purchases of alcoholic liquor made by Classclass “E” liquor controlretail alcohol licensees from the agency and related shipping and transmittal documents. Account numbers and personal identification numbers identify individual Classclass “E” liquor controlretail alcohol licensees and provide the agency with a method of filling orders, shipping and obtaining payment for liquor from telephone orders by Classclass “E” liquor controlretail alcohol licensees. These records are collected and maintained pursuant to Iowa Code sections 123.16, 123.24 and 123.30. Purchase orders are stored in extant form and in automated data processing systems. The automated data processing systems used to store these records do not match, collate, or permit comparison with other data processing systems except to the extent that such records may be used by warehouse personnel for inventory control, movement of alcoholic liquor within the warehouse, and filling and shipping orders to Classclass “E” liquor controlretail alcohol licensees. The information contained in these records which identifies purchases made by individual Classclass “E” liquor control licensesretail alcohol licensees is confidential pursuant to Iowa Code section 22.7. 18.14(5) Bailment shipments. Records of bailment shipments include, but are not limited to, information derived from suppliers concerning shipments of alcoholic liquor into the state warehouse facility, information generated internally concerning alcoholic liquor received from suppliers, information generated by the agency for accounting purposes concerning liquor purchases from suppliers, and information generated by the agency for purposes of inventory control. Records of bailment shipments may contain personally identifiable information on Classclass “E” liquor controlretail alcohol licensees, and to the extent that such record contains information on purchases of liquor by individual Classclass “E” liquor controlretail alcohol licensees, the record is confidential. These records are collected and maintained pursuant to Iowa Code section 123.30. Records of bailment shipments are stored in extant form and in automated data processing systems. The method of storage does not match, collate, or permit comparison with other data processing systems, except that comparisons may be made for purposes of agency tracking or auditing liquor inventory. 18.14(6) Nonliquor related vendors. Nonliquor related vendors include, but are not limited to, records of purchases of office supplies, warehouse supplies, trucks, trucking equipment and repairs, used in the internal operation of the agency. These records may contain personally identifiable information, and are collected and maintained pursuant to Iowa Code section 123.20. The information contained in these records is public information. These records are stored in extant form, and do not match, collate or permit comparison with automated data processing systems. 18.14(7) Leases. Leases include records related to agency subleasing of former state liquor stores, the names and addresses of sublessees and landlords, and information concerning the buildings. This information is collected and maintained pursuant to Iowa Code section 123.20, and is public information. The records are stored in extant form and do not match, collate or permit comparison with automated data processing systems. 18.14(8) Inspections and audits of licensees’ books and records. Inspections and audits of licensees’ books and records contain personally identifiable information relating to the operation of licensed establishments and beer and wine wholesalers’ operations. These records are collected and maintained pursuant to Iowa Code sections 123.33,and123.138, and 123.185. These records are stored in extant form, and the manner of storage does not permit comparison with automated data processing systems. The information is public information, except to the extent that the records concerning purchases of liquor made by Classclass “E” liquor controlretail alcohol licensees from the agency are confidential. To the extent that these records may be used in anticipation of formal administrative proceedings, criminal or civil proceedings against a licensee or permittee, this chapter does not apply to these records. 18.14(9) Litigation files. These files or records contain information regarding litigation or anticipated litigation, which includes judicial and administrative proceedings. The records include briefs, depositions, docket sheets, documents, correspondence, attorneys’ notes, memoranda, research materials, witness information, investigation materials, information compiled under the direction of the attorney, and case management records. The files contain materials which are confidential as attorney work product and attorney-client communications. Some materials are confidential under other applicable provisions of law or because of a court order. Persons wishing copies of pleadings and other documents filed in litigation should obtain these from the clerk of the appropriate court which maintains the official copy. 18.14(10) Personnel files. The agency maintains files containing information about employees, families and dependents, and applicants for positions with the agency. The files include payroll records, biographical information, medical information relating to disability, performance reviews and evaluations, disciplinary information, information required for tax withholding, information concerning employee benefits, affirmative action reports, and other information concerning the employer-employee relationship. Some of this information is confidential under Iowa Code section 22.7(11). [Filed 8/31/23, effective 10/25/23][Published 9/20/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/20/23.ARC 7074CMedicine Board[653]Adopted and Filed

Rulemaking related to licensing regulation, veterans and military spouses

The Board of Medicine hereby amends Chapter 9, “Permanent and Administrative Medicine Physician Licensure,” and Chapter 18, “Military Service and Veteran Reciprocity,” Iowa Administrative Code.Legal Authority for Rulemaking This rulemaking is adopted under the authority provided in Iowa Code chapter 147 and 2022 Iowa Acts, Senate File 2383.State or Federal Law Implemented This rulemaking implements, in whole or in part, Iowa Code section 272C.12 and 2022 Iowa Acts, Senate File 2383.Purpose and Summary These amendments implement the licensure-related provisions of 2022 Iowa Acts, Senate File 2383, which established requirements for licensure by verification and updated the requirements and parameters of licensure for veterans and their spouses.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 7042C. No public comments were received. No changes from the Notice have been made.Adoption of Rulemaking This rulemaking was adopted by the Board on August 17, 2023.Fiscal Impact This rulemaking will have limited fiscal impact. The provisions of the rulemaking will waive the initial application and renewal fees for veterans who were honorably or generally discharged within the previous five years. However, the overall number of applications that meet these criteria is low. Jobs Impact After analysis and review of this rulemaking, there may be a positive impact on jobs since the rulemaking will streamline and remove some of the requirements related to licensure by verification. Additionally, the rulemaking will clearly provide an alternative pathway to licensure of spouses of veterans when moving to Iowa.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 Board for a waiver of the discretionary provisions, if any, pursuant to 653—Chapter 3.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 October 25, 2023. The following rulemaking action is adopted:

ITEM 1. Adopt the following new rule 653—9.5(272C):

653—9.5(272C) Licensure by verification. Licensure by verification is available in accordance with the following: 9.5(1) Eligibility. A person may seek licensure by verification if the person is currently licensed as a physician in at least one other jurisdiction that has a scope of practice substantially similar to that of Iowa. 9.5(2) Board application. The applicant must submit the following: a. A completed application for licensure by verification. b. Payment of the application fee. c. A completed fingerprint packet to facilitate a criminal history background check by the DCI and FBI. d. A verification form, completed by the licensing authority in the jurisdiction that issued the applicant’s license, verifying that the applicant’s license in that jurisdiction complies with the requirements of Iowa Code section 272C.12. The completed verification form must be sent directly from the licensing authority to the board. e. Proof of passing an examination as required by rule 653—9.7(147,148). f. A copy of the complete criminal record, if the applicant has a criminal history. g. A copy of the relevant disciplinary documents, if another jurisdiction has taken disciplinary action against the applicant. h. A written statement from the applicant detailing the scope of practice in the other state. i. Copies of relevant laws setting forth the scope of practice in the other state. 9.5(3) Applicants with prior discipline. If another jurisdiction has taken disciplinary action against an applicant, the board will determine whether the cause for the disciplinary action has been corrected and the matter has been resolved. If the board determines the disciplinary matter has not been resolved, the board will neither issue a license nor deny the application for licensure until the matter is resolved. A person who has had a license revoked, or who has voluntarily surrendered a license, in another jurisdiction is ineligible for licensure by verification. 9.5(4) Applicants with pending licensing complaints or investigations. If an applicant is currently the subject of a complaint, allegation, or investigation relating to unprofessional conduct pending before any regulating entity in another jurisdiction, the board will neither issue a license nor deny the application for licensure until the complaint, allegation, or investigation is resolved. 9.5(5) Temporary licenses. Applicants who satisfy all requirements for a license under this section except for passing a required examination specific to the laws of this state may be issued a temporary license that is valid for a period of three months and may be renewed once for an additional period of three months. The applicant must submit proof of passing the required examination before the temporary license expires.

ITEM 2. Rescind the definition of “Provisional license” in rule 653—18.1(272C).

ITEM 3. Adopt the following new definition of “Temporary license” in rule 653—18.1(272C): "Temporary license" means a temporary license issued pursuant to rule 653—10.5(147,148).

ITEM 4. Amend rule 653—18.3(272C) as follows:

653—18.3(272C) Veteran and spouse reciprocity. 18.3(1) A veteran or spouse with an unrestricted professional license in another jurisdiction may apply for licensure in Iowa through reciprocity. A veteran or spouse must pass any examinations required for licensure to be eligible for licensure through reciprocity. A fully completed application for licensure submitted by an applicant under this subrule shall be given priority and shall be expedited. 18.3(2) An application for licensure by reciprocity shall contain all of the information required of all applicants for licensure who hold unrestricted licenses in other jurisdictions and who are applying for licensure by reciprocity, including but not limited to completion of all required forms, payment of applicable fees, disclosure of criminal or disciplinary history, and, if applicable, a criminal history background check. In addition, the applicant shall provide such documentation as is reasonably needed to verify the applicant’s status as a veteran under Iowa Code section 35.1(2) or as a spouse. 18.3(3) Upon receipt of a fully completed licensure application, the board shall promptly determine if the professional or occupational licensing requirements ofscope of practice in the jurisdiction where the veteran or spouse is licensed areis substantially equivalent to the licensing requirements in Iowa. The board may consider the following factors in determining substantial equivalence: scope of practice, education and coursework, degree requirements, and postgraduate experiencesshall make this determination based on information supplied by the applicant and such additional information as the board may acquire from the applicable jurisdiction. 18.3(4) The board shall promptly grant a license to the veteran or spouseapplicant if the veteran or spouseapplicant is licensed in the same or similar profession in another jurisdiction whose licensure requirements arescope of practice is substantially equivalent to those requiredthe scope of practice in Iowa, unless the applicant is ineligible for licensure based on other grounds, for example, the applicant’s disciplinary or malpractice history or criminal background. 18.3(5) If the board determines that the licensing requirementsscope of practice in the jurisdiction in which the veteran or spouseapplicant is licensed areis not substantially equivalent to those requiredthe scope of practice in Iowa, the board shall promptly inform the applicant of the additional experience, education, or examinationstraining required for licensure in Iowa. Unless the applicant is ineligible for licensure based on other grounds, such as disciplinary or malpractice history or criminal background, the following shall apply: a. If the applicant has not passed the required examination(s) for licensure, the applicant maynot be issued a temporary license but may request that the application be placed in pending status. b. If additional experience or educationor training is required in order for the applicant’s qualifications to be considered substantially equivalent, the applicant may request that the board issue a provisionaltemporary license for a specified period of time during which the applicant will successfully complete the necessary experience or educationor training. The board shall issue a provisionaltemporary license for a specified period of time upon such conditions as the board deems reasonably necessary to protect the health, welfare or safety of the public, unless the board determines that the deficiency is of a character that the public health, welfare or safety will be adversely affected if a provisionaltemporary license is granted. c. If a request for a provisionaltemporary license is denied, the board shall issue an order fully explaining the decision and shall inform the applicant of the steps the applicant may take in order to receive a provisionaltemporary license. d. If a provisionaltemporary license is issued, the application for full licensure shall be placed in pending status until the necessary experience or educationor training has been successfully completed or the provisionaltemporary license expires, whichever occurs first. The board may extend a provisionaltemporary license on a case-by-case basis for good cause. 18.3(6) A veteran or spouseAn applicant who is aggrieved by the board’s decision to deny an application for a reciprocal license or a provisionaltemporary license or is aggrieved by the terms under which a provisionaltemporary license will be granted may request a contested case (administrative hearing) and may participate in a contested case by telephonevideo conferencing. A request for a contested case shall be made within 30 days of issuance of the board’s decision. There shall be no fees or costs assessed against the veteran or spouseapplicant in connection with a contested case conducted pursuant to this subrule. [Filed 8/21/23, effective 10/25/23][Published 9/20/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 9/20/23.

Back matter not included

Additional Formats