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Iowa Administrative Bulletin

Published Biweekly VOLUME XX NUMBER 9 October 22, 1997 Pages 797 to 852

CONTENTS IN THIS ISSUE

Pages 815 to 849 include ARC 7594A to ARC 7609A

AGENDA

Administrative rules review committee 802

Committee actions 805

AGRICULTURE AND LAND STEWARDSHIP
DEPARTMENT[21]

Filed Emergency After Notice, Pseudorabies,
64.147, 64.153 to 64.157 ARC 7599A 842

ALL AGENCIES

Schedule for rule making 800

Publication procedures 801

Agency identification numbers 812

BANKING

Notice--Agricultural credit corporation
maximum loan rate 815

CITATION OF ADMINISTRATIVE RULES 799

EMERGENCY MANAGEMENT DIVISION[605]

PUBLIC DEFENSE DEPARTMENT[601]"umbrella"

Public Funds Availability 814

ETHICS AND CAMPAIGN DISCLOSURE
BOARD, IOWA[351]

Filed, Civil penalties for late-filed disclosure
reports, 6.2, rescind 6.3, 6.5, 6.6 ARC 7605A 845

Filed, Civil penalties for late-filing of lobbyist
and lobbyist client reports, 13.6, 13.7
ARC 7606A 846

HUMAN SERVICES DEPARTMENT[441]

Notice, Medicaid coverage groups, 75.1
ARC 7598A 815

INTEREST RATES--PUBLIC FUNDS 840

LABOR SERVICES DIVISION[347]

Notice, General industry safety and health, 10.20
ARC 7608A 816

NURSING BOARD[655]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Notice, Advanced registered nurse practitioners,
7.1, 7.2 ARC 7597A 816

Filed, Faculty teaching in a master's program,
2.6(2)"c"(3) ARC 7595A 847

Filed, Disciplinary proceedings, 4.2, 4.7 to 4.9,
4.18, 4.19 ARC 7596A 847

PROFESSIONAL LICENSURE DIVISION[645]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Notice, Physician assistants, 325.2, 325.15,
325.17 ARC 7607A 817

PUBLIC FUNDS--AVAILABILITY

Emergency Management Division[605]
Hazard mitigation grant program 814

PUBLIC HEALTH DEPARTMENT[641]

Notice, Lead hazard notification for target
housing, ch 69 ARC 7602A 818

Notice, Lead professional certification,
amendments to ch 70 ARC 7603A 820

Notice, Love our kids grant, ch 141 ARC 7604A 835

PUBLIC HEARINGS

Summarized list 806

PUBLIC SAFETY DEPARTMENT[661]

Notice, Building code--manufactured homes,
16.626 ARC 7609A 837

SOIL CONSERVATION DIVISION[27]

AGRICULTURE AND LAND STEWARDSHIP
DEPARTMENT[21]"umbrella"

Notice, Agricultural drainage wells, ch 30
ARC 7601A 837

TRANSPORTATION DEPARTMENT[761]

Filed, Persons with disabilities parking
permits, ch 411 ARC 7594A 848

TREASURER OF STATE

Notice--Public funds interest rates 840

UTILITIES DIVISION[199]

COMMERCE DEPARTMENT[181]"umbrella"

Notice, Electric franchise notice, 11.5
ARC 7600A 840

PUBLISHED UNDER AUTHORITY OF IOWA CODE SECTIONS 2B.5 AND 17A.6

__________________________________

PREFACE

The Iowa Administrative Bulletin is published biweekly in pamphlet form pursuant to Iowa Code chapters 2B and 17A and contains Notices of Intended Action on rules, Filed and Filed Emergency rules by state agencies.

It also contains Proclamations and Executive Orders of the Governor which are general and permanent in nature; Economic Impact Statements to proposed rules and filed emergency rules; Objections filed by Administrative Rules Review Committee, Governor or the Attorney General; and Delay by the Committee of the effective date of filed rules; Regulatory Flexibility Analyses and Agenda for monthly Administrative Rules Review Committee meetings. Other "materials deemed fitting and proper by the Administrative Rules Review Committee" include summaries of Public Hearings, Attorney General Opinions and Supreme Court Decisions.

The Bulletin may also contain Public Funds Interest Rates [12C.6]; Workers' Compensation Rate Filings [515A.6(7)]; Usury [535.2(3)"a"]; Agricultural Credit Corporation Maximum Loan Rates [535.12]; and Regional Banking--Notice of Application and Hearing [524.1905(2)].

PLEASE NOTE: Italics indicate new material added to existing rules; strike through letters indicate deleted material.

KATHLEEN K. BATES, Administrative Code Editor Telephone: (515)281-3355

ROSEMARY DRAKE, Assistant Editor (515)281-7252

SUBSCRIPTION INFORMATION

Iowa Administrative Bulletin

The Iowa Administrative Bulletin is sold as a separate publication and may be purchased by subscription or single copy. All subscriptions will expire on June 30 of each year. Subscriptions must be paid in advance and are prorated quarterly as follows:

First quarter July 1, 1997, to June 30, 1998 $237.00 plus $11.85 sales tax

Second quarter October 1, 1997, to June 30, 1998 $178.00 plus $8.90 sales tax

Third quarter January 1, 1998, to June 30, 1998 $118.00 plus $5.90 sales tax

Fourth quarter April 1, 1998, to June 30, 1998 $ 60.00 plus $3.00 sales tax

Single copies may be purchased for $17.50 plus $0.88 tax. Back issues may be purchased if the issues are available.

Iowa Administrative Code

The Iowa Administrative Code and Supplements are sold in complete sets and subscription basis only. All subscriptions for the Supplement (replacement pages) must be for the complete year and will expire on June 30 of each year.

Prices for the Iowa Administrative Code and its Supplements are as follows:

Iowa Administrative Code - $1,086.00 plus $54.30 sales tax

(Price includes 22 volumes of rules and index, plus a one-year subscription to the Code Supplement and the Iowa Administrative Bulletin. Additional or replacement binders can be purchased for $10.55 plus $0.53 tax.)

Iowa Administrative Code Supplement - $382.00 plus $19.10 sales tax

(Subscription expires June 30, 1998)

All checks should be made payable to the Iowa State Printing Division. Send all inquiries and subscription orders to:

Customer Service Center

Department of General Services

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Telephone: (515)242-5120

Schedule for Rule Making
1997

NOTICE
SUBMISSION DEADLINE

NOTICE PUB.
DATE
HEARING OR
COMMENTS 20 DAYS
FIRST
POSSIBLE ADOPTION DATE
35 DAYS
ADOPTED FILING DEADLINE
ADOPTED PUB.
DATE
FIRST
POSSIBLE EFFECTIVE DATE
POSSIBLE EXPIRATION OF NOTICE 180 DAYS
Dec. 13 '96
Jan. 1
Jan. 21
Feb. 5
Feb. 7
Feb. 26
Apr. 2
June 30
Dec. 27 '96
Jan. 15
Feb. 4
Feb. 19
Feb. 21
Mar. 12
Apr. 16
July 14
Jan. 10
Jan. 29
Feb. 18
Mar. 5
Mar. 7
Mar. 26
Apr. 30
July 28
Jan. 24
Feb. 12
Mar. 4
Mar. 19
Mar. 21
Apr. 9
May 14
Aug. 11
Feb. 7
Feb. 26
Mar. 18
Apr. 2
Apr. 4
Apr. 23
May 28
Aug. 25
Feb. 21
Mar. 12
Apr. 1
Apr. 16
Apr. 18
May 7
June 11
Sept. 8
Mar. 7
Mar. 26
Apr. 15
Apr. 30
May 2
May 21
June 25
Sept. 22
Mar. 21
Apr. 9
Apr. 29
May 14
May 16
June 4
July 9
Oct. 6
Apr. 4
Apr. 23
May 13
May 28
May 30
June 18
July 23
Oct. 20
Apr. 18
May 7
May 27
June 11
June 13
July 2
Aug. 6
Nov. 3
May 2
May 21
June 10
June 25
June 27
July 16
Aug. 20
Nov. 17
May 16
June 4
June 24
July 9
July 11
July 30
Sept. 3
Dec. 1
May 30
June 18
July 8
July 23
July 25
Aug. 13
Sept. 17
Dec. 15
June 13
July 2
July 22
Aug. 6
Aug. 8
Aug. 27
Oct. 1
Dec. 29
June 27
July 16
Aug. 5
Aug. 20
Aug. 22
Sept. 10
Oct. 15
Jan. 12 '98
July 11
July 30
Aug. 19
Sept. 3
Sept. 5
Sept. 24
Oct. 29
Jan. 26 '98
July 25
Aug. 13
Sept. 2
Sept. 17
Sept. 19
Oct. 8
Nov. 12
Feb. 9 '98
Aug. 8
Aug. 27
Sept. 16
Oct. 1
Oct. 3
Oct. 22
Nov. 26
Feb. 23 '98
Aug. 22
Sept. 10
Sept. 30
Oct. 15
Oct. 17
Nov. 5
Dec. 10
Mar. 9 '98
Sept. 5
Sept. 24
Oct. 14
Oct. 29
Oct. 31
Nov. 19
Dec. 24
Mar. 23 '98
Sept. 19
Oct. 8
Oct. 28
Nov. 12
Nov. 14
Dec. 3
Jan 7 '98
Apr. 6 '98
Oct. 3
Oct. 22
Nov. 11
Nov. 26
Nov. 28
Dec. 17
Jan. 21 '98
Apr. 20 '98
Oct. 17
Nov. 5
Nov. 25
Dec. 10
Dec. 12
Dec. 31
Feb. 4 '98
May 4 '98
Oct. 31
Nov. 19
Dec. 9
Dec. 24
Dec. 26
Jan. 14 '98
Feb.18 '98
May 18 '98
Nov. 14
Dec. 3
Dec. 23
Jan. 7 '98
Jan. 9 '98
Jan. 28 '98
Mar. 4 '98
June 1 '98
Nov. 28
Dec. 17
Jan. 6 '98
Jan. 21 '98
Jan. 23 '98
Feb. 11 '98
Mar. 18 '98
June 15 '98
Dec. 12
Dec. 31
Jan. 20 '98
Feb. 4 '98
Feb. 6 '98
Feb. 25 '98
Apr. 1 '98
June 29 '98
Dec. 26
Jan. 14 '98
Feb. 3 '98
Feb. 18 '98
Feb. 20 '98
Mar. 11 '98
Apr. 15 '98
July 13 '98

PRINTING SCHEDULE FOR IAB


ISSUE NUMBER
SUBMISSION DEADLINE
ISSUE DATE
11
Friday, October 31, 1997
November 19, 1997
12
Friday, November 14, 1997
December 3, 1997
13
Friday, November 28, 1997
December 17, 1997

PLEASE NOTE:

Rules will not be accepted after 12 o'clock noon on the Friday filing deadline days unless prior approval has been received from the Administrative Rules Coordinator's office.

If the filing deadline falls on a legal holiday, submissions made on the following Monday will be accepted.

PUBLICATION PROCEDURES

TO: Administrative Rules Coordinators and Text Processors of State Agencies

FROM: Kathleen K. Bates, Iowa Administrative Code Editor

SUBJECT: Publication of Rules in Iowa Administrative Bulletin

The Iowa Administrative Code Division is using a PC system to assist in the printing of the Iowa Administrative Bulletin. In order to most effectively transfer rules from the various agencies sending their rules on a diskette, please note the following:

1. We use a Windows environment with Interleaf 6 as our word processing system and can import directly from any of the following:

Ami Pro

Microsoft Word
SuperCalc
Ami Pro Macro
Microsoft Word for Windows 1.x, 2.0, 6.0
Symphony Document
dBase
MultiMate
Wang (IWP)
DCA/FFT
Navy DIF
Windows Write
DCA/RFT
Office Writer
Word for Windows 1.x, 2.0, 6.0
DIF
Paradox
WordPerfect 4.2, 5.x, 6.0
Display Write 4
Peach Text
WordStar
Enable 1.x, 2.x, 4.x
Professional Write
WordStar 2000 ver 1.0, 3.0
Excel 3.0, 4.0, 5.0
Rich Text Format
XyWrite III, Plus
Exec MemoMaker
Samna Word
XyWrite IV
Manuscript
SmartWare

2. If you do not have any of the above, a file in an ASCII format is helpful.

3. Submit only 3 1/2\ High Density (NOT Double Density) MS-DOS or compatible format diskettes. Please indicate on each diskette the agency name, file name, the format used for exporting, chapter or chapters of rules being amended.

4. Deliver this diskette to the Administrative Code Division, 4th Floor, Lucas Building, when documents are submitted to the Governor's Administrative Rules Coordinator.

Diskettes from agencies will be returned unchanged by the Administrative Code Division. Please refer to the hard-copy document which is returned to your agency by the Governor's office. This document reflects any changes in the rules--update your diskettes accordingly.

Your cooperation helps us to print the Bulletin more quickly and cost-effectively than was previously possible and is greatly appreciated.

Guide to Rule Making, June 1995 Edition, available upon request to the Iowa Administrative Code Division, Lucas State Office Building, Fourth Floor, Des Moines, Iowa 50319.

AGENDA

The Administrative Rules Review Committee will hold a special meeting on Monday, November 10, 1997, at 7:30 a.m. in Room 116, State Capitol. This meeting will be in lieu of the regular, statutory date. The following rules will be reviewed:

Bulletin

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Pseudorabies disease, 64.147, 64.153(2), 64.154(2)"a" and "c," 64.154(4)"a" and "b," 64.154(5), 64.154(6),
64.155(2), 64.155(4), 64.155(5)"d," 64.155(8), 64.156(2)"e," 64.156(6), 64.157(2) to 64.157(6),
Filed Emergency After Notice ARC 7599A 10/22/97

COLLEGE STUDENT AID COMMISSION[283]

EDUCATION DEPARTMENT[281]"umbrella"

Address correction, 1.2(1), Notice ARC 7565A 10/8/97

Vocational-technical tuition grants, 13.1, 13.1(2), Notice ARC 7563A 10/8/97

Chiropractic graduate student forgivable loan program, ch 32, Filed ARC 7564A 10/8/97

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

Local housing assistance program, ch 28, Filed ARC 7592A 10/8/97

Governmental enterprise fund, ch 42, Filed Emergency After Notice ARC 7593A 10/8/97

Rural innovation grants--population guidelines, 49.3, Filed ARC 7591A 10/8/97

Entrepreneurs with disabilities, 56.2, 56.6(1), Filed ARC 7590A 10/8/97

Enterprise zones, ch 59, Filed Emergency After Notice ARC 7589A 10/8/97

Entrepreneurial ventures assistance program, ch 60, Filed ARC 7587A 10/8/97

Export trade assistance program, 68.7, 68.8, Filed Emergency After Notice ARC 7588A 10/8/97

ENVIRONMENTAL PROTECTION COMMISSION[567]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Water pollution control--federal standards, 60.2, 62.4, 62.5, 63.1(1)"a," Filed Without Notice ARC 7570A 10/8/97

RCC funds, 211.2, 211.11, Filed ARC 7566A 10/8/97

Packaging--heavy metal content, 213.3, 213.4(1), 213.4(2), 213.6, Filed ARC 7567A 10/8/97

Regional collection center household hazardous material disposal funding, 214.11, Filed ARC 7568A 10/8/97

Regents tire-derived fuel program, 216.7, Filed Without Notice ARC 7569A 10/8/97

ETHICS AND CAMPAIGN DISCLOSURE BOARD, IOWA[351]

Civil penalties for late-filed disclosure reports, 6.2, rescind 6.3, 6.5, 6.6, Filed ARC 7605A 10/22/97

Executive branch lobbyists--penalties for late lobbyist and client reports, 13.6, 13.7, Filed ARC 7606A 10/22/97

HUMAN SERVICES DEPARTMENT[441]

Pilot diversion and self-sufficiency grants programs, 7.5(2)"f," 41.25(9), 41.27(7)"ai," ch 47, 75.26,
Notice ARC 7545A, also Filed Emergency ARC 7546A 10/8/97

Family investment program, 9.10(20), 41.22(3)"a," 41.22(7)"b," 41.25(8), 41.27(6)"u," 41.27(9)"d," 95.3(1),
95.3(1)"d," 95.3(2), 95.3(4), Filed ARC 7547A 10/8/97

SSA RCF and IHHRC reimbursement rates, 52.1(3), 177.4(3), 177.4(7), Notice ARC 7489A Terminated ARC 7562A 10/8/97

Incorporation of FIP policies into Medicaid chapters, 75.1(1), 75.1(2), 75.1(6), 75.1(7)"a"(4), 75.1(7)"b," 75.1(11),
75.1(14) to 75.1(17), 75.1(21), 75.1(26), 75.1(28), 75.1(31), 75.1(35), 75.10(2)"b"(3), 75.11(1), 75.11(4), 75.13(1),
75.13(2), 75.14(1), 75.14(1)"d," 75.14(2) to 75.14(12), 75.16(1)"a," 75.19, 75.22, 75.25, 75.26, 75.50 to 75.60,
76.1, 76.2(1)"b" to "d," 76.2(2), 76.2(4), 76.2(5), 76.3, 76.3(1), 76.3(6), 76.5(1)"e," 76.5(2)"a" and "d," 76.7, 76.10(2),
76.10(5), rescind ch 86, Filed ARC 7548A 10/8/97

New Medicaid coverage groups: expanded specified low-income Medicare beneficiaries, home health SLMB,
SSI-related children, 75.1(34)"a," 75.1(36) to 75.1(38), Notice ARC 7598A 10/22/97

Medicaid program, 78.1(24), 78.3(19), 78.45, 79.1(2), 79.1(5)"a" and "b," 79.1(5)"e"(2) to (4), 79.1(5)"m," "y" and "z,"
79.1(16)"a," "f," "v" and "w," 81.6, 81.6(3), 81.6(16)"e," Filed ARC 7549A 10/8/97

Transitional assistance for direct education costs, 93.114(10)"c," 93.114(12), 93.114(12)"a"(1) to (3), 93.114(12)"c,"
ch 94, Filed ARC 7550A 10/8/97

Child day care, 110.1, 110.2(3), 110.5(5)"d," 110.5(13)"g," 110.6, 110.10, 110.21 to 110.34, Filed ARC 7551A 10/8/97

Day care policy, 130.3(1)"d"(2), 130.3(1)"e," ch 170 preamble, 170.1, 170.2, 170.4(3), 170.8, Filed ARC 7552A 10/8/97

Purchase of service--counties, 150.3(5)"p"(2) to (4), 150.21, 150.22, 153.57(3)"b" and "c," Filed ARC 7553A 10/8/97

Abuse of children, 175.2, 175.4(2), 175.4(2)"g," 175.4(4)"a," "b," and "d," 175.5, 175.9, 175.13, 175.14,
ch 175 division 2 preamble, 175.21, 175.22, 175.24 to 175.30, 175.31(2), 175.32, 175.36, 175.39,
175.40, Filed ARC 7554A 10/8/97

LABOR SERVICES DIVISION[347]

General industry safety and health, 10.20, Notice ARC 7608A 10/22/97

NATURAL RESOURCE COMMISSION[571]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Refunds or changes for special deer and turkey permits and general licenses, 15.11, Filed ARC 7571A 10/8/97

Sand and gravel permits, ch 19, Filed ARC 7572A 10/8/97

Zoning of Cedar River, 40.45, Notice ARC 7576A 10/8/97

Waterfowl and coot hunting seasons, 91.1 to 91.3, 91.4(2)"i" and "k," 91.6,
Filed Emergency After Notice ARC 7575A 10/8/97

Wild turkey spring hunting--license quotas, 98.12, Notice ARC 7577A 10/8/97

Deer depredation management, 106.11, Filed ARC 7574A 10/8/97

Trapping near beaver lodges and dens, 108.7(2), Filed ARC 7573A 10/8/97

NURSING BOARD[655]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Nursing education programs, 2.6(2)"c"(3), Filed ARC 7595A 10/22/97

Disciplinary proceedings, 4.2, 4.2(1), 4.7 to 4.9, 4.18"4," 4.19(2) to 4.19(4), Filed ARC 7596A 10/22/97

Advanced registered nurse practitioners, 7.1, 7.2(3)"a"(2), 7.2(4)"c," 7.2(6) to 7.2(11), Notice ARC 7597A 10/22/97

PHARMACY EXAMINERS BOARD[657]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Licensure by reciprocity, 5.4, Notice ARC 7558A 10/8/97

General pharmacy licenses, ch 6, Filed ARC 7555A 10/8/97

Hospital pharmacy--reference library, 7.3, Filed ARC 7556A 10/8/97

Transfer of prescription drug order information; emergency/first dose drug supply, 8.2(2), 8.2(3), 8.32,
Notice ARC 7559A 10/8/97

Emergency dispensing and partial filling of prescriptions for Schedule II controlled substances, 10.13,
10.13(4), 10.13(6), 10.20(1) to 10.20(4), Notice ARC 7560A 10/8/97

Confidential and electronic data in pharmacy practice, ch 21, Filed ARC 7557A 10/8/97

PROFESSIONAL LICENSING AND REGULATION DIVISION[193]

COMMERCE DEPARTMENT[181]"umbrella"

Vendor appeals, ch 3, Notice ARC 7561A 10/8/97

PROFESSIONAL LICENSURE DIVISION[645]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Respiratory care practitioners, 260.1 to 260.17, Filed ARC 7580A 10/8/97

Physician assistants, 325.2, 325.15, 325.17, Notice ARC 7607A 10/22/97

PUBLIC HEALTH DEPARTMENT[641]

Renovation, remodeling, and repainting--lead hazard notification process, ch 69, Notice ARC 7602A 10/22/97

Lead professional certification, 70.1 to 70.8, Notice ARC 7603A 10/22/97

Love our kids grant, ch 141, Notice ARC 7604A 10/22/97

PUBLIC SAFETY DEPARTMENT[661]

State of Iowa building code, 16.626, Notice ARC 7609A 10/22/97

RACING AND GAMING COMMISSION[491]

INSPECTIONS AND APPEALS DEPARTMENT[481]"umbrella"

Gaming official, procedures and licensure, 4.1, 4.3 to 4.34, 20.14(1)"g," 25.11(2)"b," 25.16 to 25.18,
Filed ARC 7584A 10/8/97

Occupational and vendor licensing, rescind 13.6(6), Notice ARC 7585A 10/8/97

REGENTS BOARD[681]

Traffic violations by users of bicycles, skateboards, and roller and in-line skates at University of Iowa, 4.2,
4.3(1), 4.3(3), 4.3(4), 4.3(7), 4.3(8), 4.4, 4.5, 4.5(3), 4.5(6), 4.5(9), 4.6, 4.6(7), 4.6(8), 4.7,
Notice ARC 7544A 10/8/97

REVENUE AND FINANCE DEPARTMENT[701]

Direct pay permits, 12.3, 13.1, 15.3, 15.3(1), 29.3, 30.1(2), 107.8, Notice ARC 7581A 10/8/97

Individual income tax, 39.6(3)"a," 40.9, 40.48, 40.51, 41.12, 43.4(4), 43.8, 43.8(1), 43.8(1)"c," 43.8(2)"i,"
Filed ARC 7583A 10/8/97

Interest and dividends, 40.2, 40.3, 40.32, 40.52, 53.5, 53.6, Filed ARC 7582A 10/8/97

SOIL CONSERVATION DIVISION[27]

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]"umbrella"

Financial incentive program for soil erosion control, 10.32(5), 10.41, 10.41(1), 10.42, 10.55, 10.58, 10.60(1),
10.60(8), 10.60(9), 10.74(5)"a," 10.81(3)"d," 10.82(2), 10.82(3)"a" and "k," 10.84, Notice ARC 7542A 10/8/97

Water protection fund, 12.50, 12.76, 12.77(1), 12.82, 12.82(6) to 12.82(9), 12.83, 12.84(4), 12.84(6) to 12.84(9),
12.85, Notice ARC 7543A 10/8/97

Agricultural drainage wells--alternative drainage system assistance program, ch 30, Notice ARC 7601A 10/22/97

TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION, IOWA[751]

Access to facilities, dial-up access from remote locations, 14.1(2), ch 16, Notice ARC 7407A Terminated ARC 7579A 10/8/97

Access to facilities, dial-up access from remote locations, 14.1(2), ch 16, Notice ARC 7578A 10/8/97

TRANSPORTATION DEPARTMENT[761]

Special registration plates, ch 401, Notice ARC 7541A 10/8/97

Persons with disabilities parking permits, ch 411, Filed ARC 7594A 10/22/97

UTILITIES DIVISION[199]

COMMERCE DEPARTMENT[181]"umbrella"

Electric franchise notice, 11.5(2)"d," 11.5(8), Notice ARC 7600A 10/22/97

Universal service--low-income assistance, 22.4(2), 22.4(2)"a," 22.4(3)"c"(4), 22.4(3)"e," 22.4(7)"i," 22.18,
38.8, 39.1, 39.3, 39.4, Notice ARC 7586A 10/8/97

ADMINISTRATIVE RULES REVIEW COMMITTEE MEMBERS

Regular statutory meetings are held the second Tuesday of each month at the seat of government as provided in Iowa Code section 17A.8. A special meeting may be called by the Chair at any place in the state and at any time.

EDITOR'S NOTE: Terms ending April 30, 1999.

Senator H. Kay Hedge, Chairperson

3208 335th Street

Fremont, Iowa 52561

Representative Christopher Rants, Vice-Chairperson

2740 South Glass

Sioux City, Iowa 51106

Senator Merlin E. Bartz

2081 410th Street

Grafton, Iowa 50440

Representative Danny Carroll

244 400th Avenue

Grinnell, Iowa 50112

Senator John P. Kibbie

4285 440th Avenue

Emmetsburg, Iowa 50536

Representative Minnette Doderer

2008 Dunlap Court

Iowa City, Iowa 52245

Senator William Palmer

1002 Lakeview Drive

Ankeny, Iowa 50021

Representative Janet Metcalf

12954 NW 29th Drive

Des Moines, Iowa 50325

Senator Sheldon Rittmer

3539 230th Street

DeWitt, Iowa 52742

Representative Keith Weigel

315 W. Main, P.O. Box 189

New Hampton, Iowa 50659

Joseph A. Royce

Legal Counsel

Capitol, Room 116A

Des Moines, Iowa 50319

Telephone (515) 281-3084

Fax (515)281-3084

Jackie Van Ekeren Romp

Administrative Rules Coordinator

Governor's Ex Officio Representative

Capitol, Room 15

Des Moines, Iowa 50319

Telephone (515) 281-6331

Fax (515)281-6611

ADMINISTRATIVE RULES REVIEW COMMITTEE ACTIONS
NOVEMBER 1996 THROUGH OCTOBER 1997

OBJECTION (17A.4(2) and (17A.4(4)"a")

CORRECTIONS DEPARTMENT[201]
Inmate telephone commissions, 20.20, ARC 7298A, IAB 6/18/97, ARRC meeting 7/8/97.
Objection filed 7/22/97 (Pursuant to Iowa Code section 17A.4(2), the rule ceases to be effective January 18, 1998.)
SECRETARY OF STATE[721]
County and city election ordinances, 21.30, 21.31, ARC 7295A, IAB 6/18/97, ARRC meeting 7/8/97.
The rules were amended ARC 7456A, IAB 8/27/97; objection was withdrawn ARRC meeting 9/8/97.
70-DAY DELAY (17A.4(5))

ENVIRONMENTAL PROTECTION COMMISSION[567]
Regents tire-derived fuel program, ch 216, ARC 7242A, IAB 5/21/97, delayed 70 days from 6/25/97, ARRC meeting 6/10/97.
Delay withdrawn ARRC meeting 8/19/97, effective 8/20/97.
REVENUE AND FINANCE DEPARTMENT[701]
Communication services, 18.20(5), 18.20(6), ARC 6997A, IAB 1/15/97, delayed 70 days from 2/19/97, ARRC meeting 2/10/97.
Delay expired 4/30/97.
TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION, IOWA[751]
Authorized use and users, ch 7, ARC 7186A, IAB 4/9/97, delayed 70 days from 5/14/97, ARRC meeting 5/13/97.
Ch 7 rescinded effective 7/9/97, ARC 7361A, IAB 7/16/97.
GENERAL REFERRAL TO SPEAKER OF THE HOUSE AND PRESIDENT OF THE SENATE (17A.8(7))

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]
Groundwater protection fund, ch 45, ARRC meeting 7/8/97
CORRECTIONS DEPARTMENT[201]
Inmate telephone commissions, 20.20, ARC 7298A, IAB 6/8/97, ARRC meeting 7/8/97
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]
Iowa industrial new jobs training program--calculation of average county or average regional wage, 5.13(2), ARRC meeting 11/12/96
HUMAN SERVICES DEPARTMENT[441]
Disability services management, 25.42, ARC 6960A, IAB 1/1/97, ARRC meeting 1/6/97
FIP, Medicaid and social service block grant programs, amendments to chs 41, 75, 86, 153, ARC 6961A, IAB 1/1/97, ARRC meeting 1/6/97
Medical services provided to persons in nonmedical public institutions, 79.9(5), ARRC meeting 11/12/96
Eligibility for child care, ch 130, ARRC meeting 6/10/97
INSURANCE DIVISION[191]
Postdelivery benefits and care, 70.8, 70.9, ch 81, ARC 6991A, IAB 1/1/97, ARRC meeting 1/7/97
LABOR SERVICES DIVISION[347]
Construction contractor registration, ch 150, ARC 7062A, IAB 2/16/97, ARRC meeting 3/10/97
PUBLIC HEALTH DEPARTMENT[641]
Decision-making assistance program and parental notification of intent to terminate a pregnancy through abortion, ch 89,
ARC 6896A, IAB 12/4/96, ARRC meeting 1/6/97
PUBLIC SAFETY DEPARTMENT[661]
Direct breath testing, 7.2, ARRC meeting 10/14/97
REVENUE AND FINANCE DEPARTMENT[701]
Motor vehicle use tax on long-term leases, 26.68, 31.4, 31.5, 32.11, 34.5, 34.9, 34.10, ARC 6974A, IAB 1/1/97, ARRC meeting 1/7/97
SECRETARY OF STATE[721]
City and county election ordinances--initiative and referendum, 21.30, 21.31, ARC 7295A, IAB 6/18/97, ARRC meeting 8/19/97
TRANSPORTATION DEPARTMENT[761]
Handicapped parking, 411.3, ARRC meeting 2/10/97
POW license plates--retention and renewal by surviving spouse, ARRC meeting 10/14/97
MISCELLANEOUS

Joe Royce's salary--one step increase, effective 6/27/97; ARRC meeting 7/8/97
Approved paying $350 NAARR membership dues, ARRC meeting 9/8/97

PUBLIC HEARINGS

To All Agencies:

The Administrative Rules Review Committee voted to request that Agencies comply with Iowa Code section 17A.4(1)"b" by allowing the opportunity for oral presentation (hearing) to be held at least twenty days after publication of Notice in the Iowa Administrative Bulletin.




HUMAN SERVICES DEPARTMENT[441]



Pilot diversion and self-sufficiency
grants programs, 7.5(2), 41.25(9),
41.27(7)"ai," ch 47, 75.26
IAB 10/8/97 ARC 7545A
(See also ARC 7546A)
Conference Room--6th Floor
Iowa Bldg., Suite 600
411 Third St. S.E.
Cedar Rapids, Iowa
October 31, 1997
10 a.m.

Lower Level
417 E. Kanesville Blvd.
Council Bluffs, Iowa
October 29, 1997
9 a.m.

Conference Room 3--5th Floor
Bicentennial Bldg.
428 Western Ave.
Davenport, Iowa
October 30, 1997
10 a.m.

Conference Room 104
City View Plaza
1200 University
Des Moines, Iowa
October 30, 1997
1 p.m.

Liberty Room
Mohawk Square
22 N. Georgia Ave.
Mason City, Iowa
October 30, 1997
10 a.m.

Conference Room 2
120 E. Main
Ottumwa, Iowa
October 29, 1997
10 a.m.

Fifth Floor
520 Nebraska St.
Sioux City, Iowa
October 29, 1997
1 p.m.

Conference Room 220
Pinecrest Office Bldg.
1407 Independence Ave.
Waterloo, Iowa
October 29, 1997
10 a.m.
LABOR SERVICES DIVISION[347]


General industry safety
and health, 10.20
IAB 10/22/97 ARC 7608A
1000 E. Grand Ave.
Des Moines, Iowa
November 13, 1997
9 a.m.
(If requested)
NATURAL RESOURCE COMMISSION[571]


Boating speed--Cedar River,
Charles City, 40.45
IAB 10/8/97 ARC 7576A
Conference Room--4th Floor West
Wallace State Office Bldg.
Des Moines, Iowa
October 28, 1997
10 a.m.
Wild turkey spring hunting,
98.12
IAB 10/8/97 ARC 7577A
Wildlife Bureau Office
Wallace State Office Bldg.
Des Moines, Iowa
November 5, 1997
10 a.m.
PUBLIC HEALTH DEPARTMENT[641]


Renovation, remodeling, and
repainting--lead hazard
notification process, ch 69
IAB 10/22/97 ARC 7602A
(ICN Network)

Buena Vista University
Room 7B
W. 4th St. and College
Storm Lake, Iowa
November 13, 1997
1 p.m.

Kirkwood Community College
The Farm Bldg., Room 32B
6301 Kirkwood Blvd. S.W.
Cedar Rapids, Iowa
November 13, 1997
1 p.m.

Hawkeye Community College
Tama Hall, Room 110
1501 E. Orange
Waterloo, Iowa
November 13, 1997
1 p.m.

Indian Hills Community College
Advanced Tech. Center, Room 108
525 Grandview Ave.
Ottumwa, Iowa
November 13, 1997
1 p.m.

North Iowa Area Community College
Career Bldg., Room 129
500 C Dr.
Mason City, Iowa
November 13, 1997
1 p.m.

Southwestern Community College
Instructional Center, Room 207
1501 W. Townline
Creston, Iowa
November 13, 1997
1 p.m.

ICN Room--3rd Floor
Lucas State Office Bldg.
Des Moines, Iowa
November 13, 1997
1 p.m.
Lead professional certification,
amendments to ch 70
IAB 10/22/97 ARC 7603A
(ICN Network)

Buena Vista University
Room 7B
W. 4th St. and College
Storm Lake, Iowa
November 13, 1997
10 a.m.

Kirkwood Community College
The Farm Bldg., Room 32B
6301 Kirkwood Blvd. S.W.
Cedar Rapids, Iowa
November 13, 1997
10 a.m.

Hawkeye Community College
Tama Hall, Room 110
1501 E. Orange
Waterloo, Iowa
November 13, 1997
10 a.m.

Indian Hills Community College
Advanced Tech. Center, Room 108
525 Grandview Ave.
Ottumwa, Iowa
November 13, 1997
10 a.m.

North Iowa Area Community College
Career Bldg., Room 129
500 C Dr.
Mason City, Iowa
November 13, 1997
10 a.m.
PUBLIC HEALTH
DEPARTMENT[641]
(ICN Network)

(Cont'd)
Southwestern Community College
Instructional Center, Room 207
1501 W. Townline
Creston, Iowa
November 13, 1997
10 a.m.

ICN Room--3rd Floor
Lucas State Office Bldg.
Des Moines, Iowa
November 13, 1997
10 a.m.
Love our kids grant, ch 141
IAB 10/22/97 ARC 7604A
(ICN Network)

National Guard Armory
1712 LeClark Rd.
Carroll, Iowa
November 18, 1997
1 to 2 p.m.

National Guard Armory
1000 Walnut St.
Mt. Pleasant, Iowa
November 18, 1997
1 to 2 p.m.

National Guard Armory
1160 10th St. S.W.
Mason City, Iowa
November 18, 1997
1 to 2 p.m.

ICN Room--3rd Floor
Lucas State Office Bldg.
Des Moines, Iowa
November 18, 1997
1 to 2 p.m.

Iowa Braille and Sight Saving School
1002 G Ave.
Vinton, Iowa
November 18, 1997
1 to 2 p.m.

National Guard Armory
11 E. 23rd St.
Spencer, Iowa
November 18, 1997
1 to 2 p.m.
PUBLIC SAFETY DEPARTMENT[661]


Building code--manufactured homes,
16.626
IAB 10/22/97 ARC 7609A
Leavitt Room
Des Moines Botanical Center
909 E. River Dr.
Des Moines, Iowa
November 20, 1997
10:30 a.m.
RACING AND GAMING COMMISSION[491]


Occupational and vendor
licensing, rescind 13.6(6)
IAB 10/8/97 ARC 7585A
Suite B
717 E. Court
Des Moines, Iowa
October 28, 1997
9 a.m.
REGENTS BOARD[681]


Traffic and parking at universities,
4.2 to 4.7
IAB 10/8/97 ARC 7544A
Room W401
Pappajohn Business Admin. Bldg.
University of Iowa
Iowa City, Iowa
November 3, 1997
9 a.m.
SOIL CONSERVATION DIVISION[27]


Financial incentive program
for soil erosion control,
10.32(5), 10.41, 10.42,
10.55, 10.58, 10.60, 10.74(5),
10.81(3), 10.82, 10.84
IAB 10/8/97 ARC 7542A
Conference Room--2nd Floor
South Half
Wallace State Office Bldg.
Des Moines, Iowa
November 3, 1997
2 p.m.
SOIL CONSERVATION DIVISION[27]
(Cont'd)


Water protection practices--water
protection fund, 12.50, 12.76,
12.77(1), 12.82 to 12.85
IAB 10/8/97 ARC 7543A
Conference Room--2nd Floor
South Half
Wallace State Office Bldg.
Des Moines, Iowa
November 3, 1997
2 p.m.
Agricultural drainage wells--
alternative drainage system
assistance program, ch 30
IAB 10/22/97 ARC 7601A
Co. Extension Meeting Room
Wright County Extension Service
210 1st St. S.W.
Clarion, Iowa
November 13, 1997
10 a.m.

Courtroom
Pocahontas County Courthouse
Pocahontas, Iowa
November 13, 1997
1:30 p.m.

Conference Room--1st Floor
Wallace State Office Bldg.
Des Moines, Iowa
November 14, 1997
10 a.m.
TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION, IOWA[751]


Unauthorized Internet use; dial-up
access from remote locations,
14.1(2), ch 16
IAB 10/8/97 ARC 7578A
(ICN Network)

STARC Armory
Camp Dodge
Johnston, Iowa
October 29, 1997
9 a.m.

Algona Armory
ICN Classroom
1511 N. POW Camp Rd.
Algona, Iowa
October 29, 1997
9 a.m.

Boone Flight Facility
ICN Classroom
700 Snedden Dr.
Boone, Iowa
October 29, 1997
9 a.m.

Burlington Armory
ICN Classroom
2500 Summer St.
Burlington, Iowa
October 29, 1997
9 a.m.

Carroll Armory
1712 LeClark Rd.
Carroll, Iowa
October 29, 1997
9 a.m.

Cedar Rapids Armory
Classroom 4
10400 18th St. S.W.
Cedar Rapids, Iowa
October 29, 1997
9 a.m.

Centerville Armory
ICN Classroom
RR 1, Box 125B
(1 mile east of Hwy. 5 on Dewey Rd.)
Centerville, Iowa
October 29, 1997
9 a.m.

Charles City Armory
ICN Classroom
2003 Clark St.
Charles City, Iowa
October 29, 1997
9 a.m.
TELECOMMUNICATIONS
AND TECHNOLOGY
COMMISSION, IOWA[751]

(ICN Network)
(Cont'd)
Corning Armory
Room 111
RR 1, Box 190
Corning, Iowa
October 29, 1997
9 a.m.

Council Bluffs Armory
ICN Room
2415 Kanesville Rd.
Council Bluffs, Iowa
October 29, 1997
9 a.m.

Davenport Public Library
Meeting Room A
321 Main St.
Davenport, Iowa
October 29, 1997
9 a.m.

Dubuque Armory
ICN Classroom
195 Radford Rd.
Dubuque, Iowa
October 29, 1997
9 a.m.

Iowa Falls Armory
ICN Classroom
217 Georgetown Rd.
Iowa Falls, Iowa
October 29, 1997
9 a.m.

Keokuk Armory
ICN Classroom
170 Boulevard Rd.
Keokuk, Iowa
October 29, 1997
9 a.m.

Knoxville Armory
1015 N. Lincoln
Knoxville, Iowa
October 29, 1997
9 a.m.

LeMars Armory
ICN Classroom
1050 Lincoln St. S.E.
LeMars, Iowa
October 29, 1997
9 a.m.

Muscatine Armory
ICN Classroom
1421 Park Ave.
Muscatine, Iowa
October 29, 1997
9 a.m.

Ottumwa Armory
ICN Classroom
2858 N. Court Rd.
Ottumwa, Iowa
October 29, 1997
9 a.m.

Shenandoah Armory
ICN Classroom
601 Ferguson Rd.
Shenandoah, Iowa
October 29, 1997
9 a.m.

Sioux Center Community Center
ICN Classroom
102 S. Main St.
Sioux Center, Iowa
October 29, 1997
9 a.m.

Spencer Armory
ICN Classroom
11 E. 23rd St.
Spencer, Iowa
October 29, 1997
9 a.m.
TELECOMMUNICATIONS
AND TECHNOLOGY
COMMISSION, IOWA[751]

(ICN Network)
(Cont'd)
Storm Lake Armory
1601 Park St.
Storm Lake, Iowa
October 29, 1997
9 a.m.

Waterloo Armory
ICN Classroom
3306 Airport Blvd.
Waterloo, Iowa
October 29, 1997
9 a.m.
TRANSPORTATION DEPARTMENT[761]


Special registration plates,
ch 401
IAB 10/8/97 ARC 7541A
Conference Room--Lower Level
Park Fair Mall
100 Euclid Ave.
Des Moines, Iowa
October 30, 1997
10 a.m.
(If requested)
UTILITIES DIVISION[199]


Electric franchise notice,
11.5(2)"d"; rescind 11.5(8)
IAB 10/22/97 ARC 7600A
Hearing Room--1st Floor
Lucas State Office Bldg.
Des Moines, Iowa
November 18, 1997
10 a.m.
Hazardous liquid pipelines,
ch 13
IAB 9/10/97 ARC 7485A
Hearing Room--1st Floor
Lucas State Office Bldg.
Des Moines, Iowa
October 30, 1997
10 a.m.
Universal service--low income
assistance, 22.4, 22.18,
38.8, 39.1, 39.3, 39.4
IAB 10/8/97 ARC 7586A
Hearing Room--1st Floor
Lucas State Office Bldg.
Des Moines, Iowa
November 4, 1997
10 a.m.
Universal service--eligible carriers,
ch 39
IAB 9/24/97 ARC 7538A
(See also ARC 7539A)
Hearing Room--1st Floor
Lucas State Office Bldg.
Des Moines, Iowa
November 4, 1997
10 a.m.

CITATION of Administrative Rules

The Iowa Administrative Code shall be cited as (agency identification number) IAC
(chapter, rule, subrule, lettered paragraph, or numbered subparagraph).

441 IAC 79 (Chapter)

441 IAC 79.1(249A) (Rule)

441 IAC 79.1(1) (Subrule)

441 IAC 79.1(1)"a" (Paragraph)

441 IAC 79.1(1)"a"(1) (Subparagraph)

The Iowa Administrative Bulletin shall be cited as IAB (volume), (number), (publication
date), (page number), (ARC number).

IAB Vol. XII, No. 23 (5/16/90) p. 2050, ARC 872A

AGENCY IDENTIFICATION NUMBERS

Due to reorganization of state government by 1986 Iowa Acts, chapter 1245, it was necessary to revise the agency identification numbering system, i.e., the bracketed number following the agency name.

"Umbrella" agencies and elected officials are set out below at the left-hand margin in CAPITAL letters.

Divisions (boards, commissions, etc.) are indented and set out in lowercase type under their statutory "umbrellas."

Other autonomous agencies which were not included in the original reorganization legislation as "umbrella" agencies are included alphabetically in small capitals at the left-hand margin, e.g., BEEF INDUSTRY COUNCIL, IOWA [101].

The following list will be updated as changes occur:

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Agricultural Development Authority[25]

Soil Conservation Division[27]

ATTORNEY GENERAL[61]

AUDITOR OF STATE[81]

BEEF INDUSTRY COUNCIL, IOWA[101]

blind, department For The[111]

CITIZENS' AIDE[141]

CIVIL RIGHTS COMMISSION[161]

COMMERCE DEPARTMENT[181]

Alcoholic Beverages Division[185]

Banking Division[187]

Credit Union Division[189]

Insurance Division[191]

Professional Licensing and Regulation Division[193]

Accountancy Examining Board[193A]

Architectural Examining Board[193B]

Engineering and Land Surveying Examining Board[193C]

Landscape Architectural Examining Board[193D]

Real Estate Commission[193E]

Real Estate Appraiser Examining Board[193F]

Savings and Loan Division[197]

Utilities Division[199]

CORRECTIONS DEPARTMENT[201]

Parole Board[205]

CULTURAL AFFAIRS DEPARTMENT[221]

Arts Division[222]

Historical Division[223]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

City Development Board[263]

Iowa Finance Authority[265]

EDUCATION DEPARTMENT[281]

Educational Examiners Board[282]

College Student Aid Commission[283]

Higher Education Loan Authority[284]

Iowa Advance Funding Authority[285]

Libraries and Information Services Division[286]

Public Broadcasting Division[288]

School Budget Review Committee[289]

EGG COUNCIL[301]

ELDER AFFAIRS DEPARTMENT[321]

EMPLOYMENT SERVICES DEPARTMENT[341]

Job Service Division[345]

Labor Services Division[347]

ETHICS AND CAMPAIGN DISCLOSURE BOARD, IOWA[351]

EXECUTIVE COUNCIL[361]

FAIR BOARD[371]

GENERAL SERVICES DEPARTMENT[401]

HUMAN INVESTMENT COUNCIL[417]

HUMAN RIGHTS DEPARTMENT[421]

Community Action Agencies Division[427]

Criminal and Juvenile Justice Planning Division[428]

Deaf Services Division[429]

Persons With Disabilities Division[431]

Latino Affairs Division[433]

Status of Blacks Division[434]

Status of Women Division[435]

HUMAN SERVICES DEPARTMENT[441]

INSPECTIONS AND APPEALS DEPARTMENT[481]

Employment Appeal Board[486]

Foster Care Review Board[489]

Racing and Gaming Commission[491]

State Public Defender[493]

INTERNATIONAL NETWORK ON TRADE(INTERNET)[497]

LAW ENFORCEMENT ACADEMY[501]

LIVESTOCK HEALTH ADVISORY COUNCIL[521]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

NARCOTICS ENFORCEMENT ADVISORY COUNCIL[551]

NATIONAL AND COMMUNITY SERVICE, IOWA COMMISSION ON[555]

NATURAL RESOURCES DEPARTMENT[561]

Energy and Geological Resources Division[565]

Environmental Protection Commission[567]

Natural Resource Commission[571]

Preserves, State Advisory Board[575]

PERSONNEL DEPARTMENT[581]

PETROLEUM UNDERGROUND STORAGE TANK FUND
BOARD, IOWA COMPREHENSIVE[591]

prevention of disabilities policy council[597]

PUBLIC DEFENSE DEPARTMENT[601]

Emergency Management Division[605]

Military Division[611]

PUBLIC EMPLOYMENT RELATIONS BOARD[621]

PUBLIC HEALTH DEPARTMENT[641]

Substance Abuse Commission[643]

Professional Licensure Division[645]

Dental Examiners Board[650]

Medical Examiners Board[653]

Nursing Board[655]

Pharmacy Examiners Board[657]

PUBLIC SAFETY DEPARTMENT[661]

RECORDS COMMISSION[671]

REGENTS BOARD[681]

Archaeologist[685]

REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]

SECRETARY OF STATE[721]

SEED CAPITAL CORPORATION, IOWA[727]

SESQUICENTENNIAL COMMISSION, IOWA STATEHOOD[731]

sheep and wool promotion board, iowa[741]

telecommunications and technology commission, iowa[751]

TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]

TREASURER OF STATE[781]

UNIFORM STATE LAWS COMMISSION[791]

VETERANS AFFAIRS COMMISSION[801]

veterinary medicine board[811]

voter registration commission[821]

wallace technology transfer foundation[851]

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Industrial Services Division[873]

Labor Services Division[875]

Workforce Development Board and
Workforce Development Center Administration Division[877]

NOTICES

NOTICE -- AGRICULTURAL CREDIT CORPORATION MAXIMUM LOAN RATE

In accordance with the provisions of Iowa Code section 535.12, the Superintendent of Banking has determined that the maximum rate of interest that may be charged on loans by Agricultural Credit Corporations as defined in Iowa Code section 535.12, subsection 4, shall be:

August 1, 1996 -- August 31, 1996 6.85%

September 1, 1996 -- September 30, 1996 6.90%

October 1, 1996 -- October 31, 1996 6.80%

November 1, 1996 -- November 30, 1996 6.75%

December 1, 1996 -- December 31, 1996 6.75%

January 1, 1997 -- January 31, 1997 6.65%

February 1, 1997 -- February 28, 1997 6.70%

March 1, 1997 -- March 31, 1997 6.70%

April 1, 1997 -- April 30, 1997 6.70%

May 1, 1997 -- May 31, 1997 7.00%

June 1, 1997 -- June 30, 1997 7.00%

July 1, 1997 -- July 31, 1997 6.95%

August 1, 1997 -- August 31, 1997 7.15%

September 1, 1997 -- September 30, 1997 6.95%

October 1, 1997 -- October 31, 1997 6.95%

ARC 7598A

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code [omega]17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under
[omega]17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend Chapter 75, "Conditions of Eligibility," appearing in the Iowa Administrative Code.

These amendments add three new Medicaid coverage groups mandated by the Balanced Budget Act of 1997, H.R. 2015, Sections 4732 and 4913. They are an Expanded Specified Low-Income Medicare Beneficiaries group, a Home Health SLMB group, and an SSI-related children's coverage group. In addition, paragraph 75.1(34)"a" is corrected to indicate that the income of Specified Low-Income Medicare Beneficiaries must be less than the applicable limit, rather than equal to or less than the limit.

To be eligible to receive Medicaid under the Expanded SLMB or the Home Health SLMB coverage groups, a person must meet the same eligibility criteria as the current SLMB coverage group except for the income level and not be otherwise eligible for Medicaid. The income limit for the Expanded SLMB coverage group is 120 percent of the federal poverty level to less than 135 percent of the federal poverty level. The income limit for the Home Health SLMB coverage group is 135 percent of the federal poverty level to less than 175 percent of the federal poverty level.

The Expanded SLMB group will pay only the Medicare Part B premiums and the Home Health SLMB will pay only the home health portion of the Medicare Part B premium.

The SSI-related coverage group provides Medicaid eligibility to any child who had been receiving SSI as of August 22, 1996, who was subsequently canceled due to the revised disability criteria for children contained in the Personal Responsibility and Work Opportunity Act of 1996 (P.L. 104-193). Medicaid will be continued for these children as long as the child would continue to be eligible for SSI except for the change in disability criteria under Public Law 104-193. The Balanced Budget Act of 1997 signed August 5, 1997, requires coverage for this group be implemented retroactive to July 1, 1997.

Consideration will be given to all written data, views, and arguments thereto received by the Bureau of Policy Analysis, Department of Human Services, Hoover State Office Building, Des Moines, Iowa 50319-0114, on or before November 12, 1997.

These amendments are intended to implement Iowa Code section 249A.4.

The following amendments are proposed.

ITEM 1. Amend subrule 75.1(34), paragraph "a," as follows:

a. The person's monthly income exceeds 100 percent of the federal poverty level but does not exceed is less than the following percentage of the federal poverty level (as defined by the United States Office of Management and Budget and revised annually in accordance with Section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved:

(1) 110 percent effective January 1, 1993.

(2) 120 percent effective January 1, 1995, and thereafter.

ITEM 2. Amend rule 441--75.1(249A) by adding the following new subrules 75.1(36) to 75.1(38):

75.1(36) Expanded specified low-income Medicare beneficiaries. Medicaid benefits to cover the cost of the Medicare Part B premium shall be available to persons who are entitled to Medicare Part A provided the following conditions are met:

a. The person's monthly income is at least 120 percent of the federal poverty level but is less than 135 percent of the federal poverty level (as defined by the United States Office of Management and Budget and revised annually in accordance with Section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved.

b. The person's resources do not exceed twice the maximum amount of resources that a person may have and obtain benefits under the Supplemental Security Income (SSI) program.

c. The amount of the income and resources shall be determined the same as under the SSI program unless the person lives and is expected to live at least 30 consecutive days in a medical institution and has a spouse at home. Then the resource determination shall be made according to subrules 75.5(3) and 75.5(4). Income shall not include any amount of social security income attributable to the cost-of-living increase through the month following the month in which the annual revision of the official poverty level is published.

d. The person is not otherwise eligible for Medicaid.

e. The effective date of eligibility shall be as set forth in rule 441--76.5(249A).

75.1(37) Home health specified low-income Medicare beneficiaries. Medicaid benefits to cover the cost of the home health portion of the Medicare Part B premium shall be available to persons who are entitled to Medicare Part A provided the following conditions are met:

a. The person's monthly income is at least 135 percent of the federal poverty level but is less than 175 percent of the federal poverty level (as defined by the United States Office of Management and Budget and revised annually in accordance with Section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved.

b. The person's resources do not exceed twice the maximum amount of resources that a person may have and obtain benefits under the Supplemental Security Income (SSI) program.

c. The amount of the income and resources shall be determined the same as under the SSI program unless the person lives and is expected to live at least 30 consecutive days in a medical institution and has a spouse at home. Then the resource determination shall be made according to subrules 75.5(3) and 75.5(4). Income shall not include any amount of social security income attributable to the cost-of-living increase through the month following the month in which the annual revision of the official poverty level is published.

d. The person is not otherwise eligible for Medicaid.

e. The effective date of eligibility shall be as set forth in rule 441--76.5(249A).

75.1(38) Continued Medicaid for disabled children from August 22, 1996. Medical assistance shall be available to persons who were receiving SSI or SSI-related Medicaid as of August 22, 1996, and who would continue to be eligible for SSI or SSI-related Medicaid but for Section 211(a) of the Personal Responsibility and Work Opportunity Act of 1996 (P.L. 104-193).

ARC 7608A

LABOR SERVICES DIVISION[347]

Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code [omega]17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under
[omega]17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code sections 88.5 and 17A.3(1), the Labor Commissioner hereby gives Notice of Intended Action to amend Chapter 10, "General Industry Safety and Health Rules," Iowa Administrative Code.

The amendment relates to Office of Management and Budget Control Numbers under the Paperwork Reduction Act; longshoring and marine terminals; air contaminants, corrections; methylene chloride, approval of information collection requirements, extension of start-up dates and a correction; and methylene chloride amendment and extension of start-up date.

If requested by November 11, 1997, a public hearing will be held on November 13, 1997, at 9 a.m. in the office of the Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa. Any interested person will be given the opportunity to make oral or written submissions concerning the proposed amendment. Written data or arguments to be considered in adoption may be submitted by interested persons no later than November 13, 1997, to the Deputy Labor Commissioner, Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319-0209.

The Division has determined that this Notice of Intended Action may have an impact on small business. This amendment will not necessitate additional annual expenditures exceeding $100,000 by any one political subdivision or agency or any contractor providing services to political subdivisions or agencies.

The Division will issue a regulatory flexibility analysis as provided by Iowa Code section 17A.31 if a written request is filed by delivery or by mailing postmarked no later than November 12, 1997, to the Deputy Labor Commissioner, Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319. The request may be made by the Administrative Rules Review Committee, the Governor, a political subdivision, at least 25 persons who qualify as a small business under the Act, or an organization of small businesses representing at least 25 persons which is registered with the Division of Labor Services under the Act.

This amendment is intended to implement Iowa Code section 88.5.

The following amendment is proposed.

Amend rule 347--10.20(88) by inserting at the end thereof:

62 Fed. Reg. 29668 (June 2, 1997)

62 Fed. Reg. 40195 (July 25, 1997)

62 Fed. Reg. 42018 (August 4, 1997)

62 Fed. Reg. 42666 (August 8, 1997)

62 Fed. Reg. 43581 (August 14, 1997)

62 Fed. Reg. 48175 (September 15, 1997)

ARC 7597A

NURSING BOARD[655]

Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code [omega]17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under
[omega]17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code sections 17A.3 and 147.76, the Iowa Board of Nursing hereby gives Notice of Intended Action to amend Chapter 7, "Advanced Registered Nurse Practitioners," Iowa Administrative Code.

These amendments improve language, use terminology that is more accurate and more clearly articulate the requirements for registration as an advanced registered nurse practitioner. Provisions are made for destruction of incomplete applications after a specified time.

Any interested person may make written comments or suggestions on or before November 11, 1997. Such written materials should be directed to the Executive Director, Iowa Board of Nursing, State Capitol Complex, 1223 East Court Avenue, Des Moines, Iowa 50319. Persons who want to convey their views orally should contact the Executive Director at (515)281-3256, or in the Board office at 1223 East Court Avenue, by appointment.

These amendments are intended to implement Iowa Code sections 17A.3, 147.10, 147.53, 147.76, and 152.1.

The following amendments are proposed.

ITEM 1. Amend rule 655--7.1(152), six of the definitions, as follows:

"Advanced registered nurse practitioner (ARNP)" is a nurse with current licensure as a registered nurse in Iowa who is registered in Iowa to practice in an advanced role. The ARNP is prepared for an advanced role by virtue of additional knowledge and skills gained through an organized postbasic a formal advanced practice education program of nursing in a specialty area approved by the board. In the advanced role, the nurse practices nursing assessment, intervention, and management within the boundaries of the nurse-client relationship. Advanced nursing practice occurs in a variety of settings within an interdisciplinary health care team which provide for consultation, collaborative management, or referral. The ARNP may perform selected medically delegated functions when a collaborative practice agreement exists.

"Certified clinical nurse specialist" is an ARNP prepared at the master's level who possesses evidence of current advanced level certification as a clinical specialist in an area of nursing practice by a national professional nursing association certifying body as approved by the board.

"Certified nurse-midwife" is an ARNP educated in the disciplines of nursing and midwifery who possesses evidence of current advanced level certification by a national professional nursing association certifying body approved by the board. The certified nurse-midwife is authorized to manage the care of normal newborns and women, antepartally, intrapartally, postpartally or gynecologically.

"Certified nurse practitioner" is an ARNP educated in the disciplines of nursing who has advanced knowledge of nursing, physical and psychosocial assessment, appropriate interventions, and management of health care, and who possesses evidence of current certification by a national professional nursing association certifying body approved by the board.

"Certified registered nurse anesthetist" is an ARNP educated in the disciplines of nursing and anesthesia who possesses evidence of current advanced level certification by a national professional nursing association certifying body approved by the board.

"National professional nursing association certifying body" is a professional nursing organization certifying body approved by the board. Agencies approved by the board include the American Nurses Credentialing Center, the American Academy of Nurse Practitioners, the American College of Nurse-Midwives Certification Council, the Council on Certification of Nurse Anesthetists, the National Certification Board of Pediatric Nurse Practitioners and Nurses, the National Certification Corporation for the Obstetric, Gynecologic, and Neonatal Nursing Specialties, and the Oncology Nursing Certification Organization.

ITEM 2. Amend subrule 7.2(3), paragraph "a," subparagraph (2), as follows:

(2) Satisfactory completion of an organized postbasic a formal advanced practice educational program of study in a nursing specialty area approved by the board and appropriate clinical experience as approved by the board.

ITEM 3. Amend subrule 7.2(4), paragraph "c," as follows:

c. A copy of the time-dated, advanced level certification by appropriate national organization certifying body evidencing that the applicant holds current certification in good standing; copy of official transcript directly from the formal postbasic training advanced practice educational program maintaining the records necessary to document that all requirements have been met in one of the specialty areas of nursing practice as listed in subrule 7.2(1). The transcript shall verify the date of completion of the program/graduation and the degree conferred. A registered nurse may make application to practice in more than one specialty area of nursing practice.

ITEM 4. Add the following new subrule 7.2(6) and renumber subrules 7.2(6) to 7.2(10) as 7.2(7) to 7.2(11):

7.2(6) The registered nurse shall complete the registration process within 12 months of receipt of the application materials. The board reserves the right to destroy the documents after 12 months.

ITEM 5. Amend renumbered subrule 7.2(8), paragraph "c," as follows:

c. Copy of current time-dated, advanced level certification by appropriate national organization certifying body.

ITEM 6. Amend renumbered subrule 7.2(9) as follows:

7.2(9) Continuing education requirements. Continuing education shall be met as required for certification by the relevant national certification board or agency certifying body, as outlined in 655--subrule 5.2(3), paragraph "e."

ITEM 7. Amend renumbered subrule 7.2(11), introductory paragraph, as follows:

7.2(11) License Registration to practice as an advanced registered nurse practitioner revoked, suspended, etc. The board may restrict, suspend or revoke a license registration to practice as an advanced registered nurse practitioner on any of the grounds stated in Iowa Code section 147.55 or 152.10 or chapter 272C. In addition:

ARC 7607A

PROFESSIONAL LICENSURE DIVISION[645]

BOARD OF PHYSICIAN ASSISTANT EXAMINERS

Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code [omega]17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under
[omega]17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 148C.7, the Board of Physician Assistant Examiners hereby gives Notice of Intended Action to amend Chapter 325, "Physician Assistants," Iowa Administrative Code.

These amendments provide that the Iowa Board of Physician Assistant Examiners will accept all programs accredited by the Council on Accreditation of Allied Health Educational Programs (CAAHEP) implementing Iowa Code section 148C.2.

Any interested person may make written suggestions or comments on these proposed amendments prior to November 12, 1997. Such written materials should be directed to Roxanne Sparks, Iowa Board of Physician Assistant Examiners, Lucas State Office Building, 4th Floor, 321 East 12th Street, Des Moines, Iowa 50319.

The Division has determined that these amendments will have no impact on small business within the meaning of Iowa Code section 17A.31.

These amendments are intended to implement Iowa Code chapter 148C.

The following amendments are proposed.

ITEM 1. Amend rule 645--325.2(148C), definition of "Approved program," as follows:

"Approved program" means a program for the education of physician assistants which has been formally evaluated and approved by the board or by the Accreditation Review Committee of Education for Physician Assistants of the American Medical Association or its successor agency. accredited by the Committee on Allied Health Education and Accreditation or its successor, the Council on Accreditation of Allied Health Educational Programs, or its successor.

ITEM 2. Amend rule 645--325.15(148C) as follows:

645--325.15(148C) Physician assistant trainee.

325.15(1) Any person who is enrolled as a trainee in any school offering an accredited physician assistant training program (student) in an approved program shall comply with the rules set forth in this chapter. A trainee (student) is exempted from licensure requirements.

325.15(2) Notwithstanding any other provisions of these rules, a trainee (student) may perform medical services when they are rendered within the scope of an approved program.

ITEM 3. Rescind rule 645--325.17(148C) and adopt the following new rule in lieu thereof:

645--325.17(148C) Essential requirements of an approved program. An educational program for the instruction of a physician assistant shall meet the essential requirements and criteria as established by the Committee on Allied Health Education and Accreditation or its successor, the Council on Accreditation of Allied Health Educational Programs, or its successor agency. Any educational program for the instruction of a physician assistant which is not currently accredited by the Council on Accreditation of Allied Health Educational Programs, or its successor agency, does not meet the definition of an approved program.

ARC 7602A

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code [omega]17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under
[omega]17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of 1997 Iowa Acts, House File 335, section 6, the Department of Public Health proposes to adopt a new Chapter 69, "Renovation, Remodeling, and Repainting--Lead Hazard Notification Process," Iowa Administrative Code.

This chapter implements a program to require individuals who perform renovation, remodeling, and repainting of target housing for compensation to provide an approved lead hazard information pamphlet to the owner and occupant of the housing prior to commencing the work.

These rules are based on the most current draft of U.S. Environmental Protection Agency requirements for notification regarding lead hazards prior to renovation, remodeling, and repainting.

The Department of Public Health intends to seek authorization from the U.S. Environmental Protection Agency to administer and enforce Section 406 of the federal Toxic Substance Control Act. In order to receive authorization from the U.S. EPA, the Department of Public Health's rules must be judged to be as protective as Section 406 of the federal Toxic Substance Control Act. Under 40 CFR Part 745, notification prior to renovation, remodeling, or repainting will become mandatory on August 31, 1999. The Department of Public Health must submit an application by March 1, 1998, asking for this program to be approved. The U.S. EPA must approve or disapprove this application by August 31, 1998. If this application is not approved, the U.S. EPA will enforce the federal regulations in Iowa beginning on August 31, 1998.

Consideration will be given to all written suggestions or comments on the proposed chapter and on the Department of Public Health's intent to seek authorization from the U.S. Environmental Protection Agency to administer and enforce Section 406 of the federal Toxic Substance Control Act received on or before November 13, 1997. Such written materials should be sent to the Lead Poisoning Prevention Program, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319, fax (515)281-4529.

Also, there will be a public hearing on November 13, 1997, at 1 p.m. (local Iowa time) over the Iowa Communications Network (ICN) at which time persons may present their views. The sites for the public hearing are: Buena Vista University, Room 7B, West 4th Street and College, Storm Lake; Kirkwood Community College, Room 32B, The Farm Building, 6301 Kirkwood Boulevard SW, Cedar Rapids; Hawkeye Community College, Room 110, Tama Hall, 1501 East Orange, Waterloo; Indian Hills Community College, Room 108, Advanced Technical Center, 525 Grandview Avenue, Ottumwa; North Iowa Area Community College, Room 129, Career Building, 500 C Drive, Mason City; Southwestern Community College, Room 207, Instructional Center, 1501 West Townline, Creston; and Iowa Department of Public Health ICN Room, 3rd Floor, Lucas State Office Building, Des Moines.

This chapter is intended to implement 1997 Iowa Acts, House File 335, section 6.

The following amendment is proposed.

Adopt the following new chapter:

CHAPTER 69

RENOVATION, REMODELING, AND REPAINTING--
LEAD HAZARD NOTIFICATION PROCESS

641--69.1(135) Applicability. This chapter applies to all persons who perform renovation, remodeling, and repainting for compensation in target housing.

641--69.2(135) Definitions.

"Common area" means a portion of the building that is generally accessible to all occupants. This includes, but is not limited to, hallways, stairways, laundry and recreational rooms, playground, community centers, garages, and boundary fences.

"Department" means the Iowa department of public health.

"Dwelling unit" means a single, unified combination of rooms designed for use as a dwelling by one family.

"Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5 percent by weight.

"Lead-based paint hazard" means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-based paint that is deteriorated or present in accessible surfaces, friction surfaces, and impact surfaces that would result in adverse human health effects.

"Living area" means any area of a residential dwelling used by at least one child, six years of age or less, including, but not limited to, living rooms, kitchen areas, dens, play-rooms, and children's bedrooms.

"Multifamily dwelling" means a structure that contains more than one separate residential dwelling unit, which is used or occupied, or is intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.

"Renovation, remodeling, repainting" means modifying of any existing structure or portion of a structure where painted surfaces are disturbed, unless the activity fits the criteria of lead abatement as defined in 641--70.2(135) and is performed by a certified lead abatement contractor as defined in 641--70.2(135). This includes, but is not limited to, removing walls, ceilings, and other painted building components; window replacement; floor refinishing; and sanding, scraping, stripping, water blasting, or otherwise removing paint.

"Residential dwelling" means (1) a detached single-family dwelling unit, including the surrounding yard, attached structures such as porches and stoops, and detached buildings and structures including, but not limited to, garages, farm buildings, and fences, or (2) a single-family dwelling unit in a structure that contains more than one separate residential dwelling unit, which is used or occupied, or intended to be used or occupied, in whole or part, as the home or residence of one or more persons.

"Target housing" means housing constructed prior to 1978 with the exception of housing for the elderly or for persons with disabilities, unless at least one child, six years of age or less, resides or is expected to reside in the housing, and housing which does not contain a bedroom.

641--69.3(135) Notification required. Beginning on August 1, 1999, individuals who perform renovation, remodeling, and repainting of target housing for compensation must do the following prior to commencing the work:

69.3(1) Provide the pamphlet, Lead Poisoning: How to Protect Iowa Families, to the owner and occupant of each dwelling unit where renovation, remodeling, and repainting will be performed.

69.3(2) Obtain a signed, dated acknowledgment from the owner and occupant of each dwelling unit where renovation, remodeling, and repainting will be performed affirming that they have received the pamphlet and are aware of the potential health hazards from remodeling, renovating, or repainting housing containing lead-based paint.

a. The acknowledgment shall include the following language:

I have received the pamphlet entitled Lead Poisoning: How to Protect Iowa Families and am aware of the potential health risk associated with remodeling, renovating, or repainting housing containing lead-based paint or lead-based paint hazards.

b. Below the statement, the acknowledgment shall require the signature of the owner and occupant, along with their dates of signature.

c. The type size shall be no smaller than 12-point type.

d. The acknowledgment may be included as a separate sheet or as a part of any written contract or service agreement. The acknowledgment must be completed prior to commencing the work.

e. If the parties use a written contract or agreement which is written in a language other than English, the acknowledgment text shall be written in the same language as the text of the contract or agreement.

69.3(3) If the general nature, location, and expected starting and ending dates of the planned renovation, remodeling, and repainting change after the initial notification has been conducted, the individual conducting the renovation, remodeling, and repainting shall provide further notification to the owners and occupants providing revised information on the ongoing or planned activities.

641--69.4(135) Notification required in multifamily housing. Beginning on August 1, 1999, individuals who perform renovation, remodeling, and repainting of common areas in multifamily target housing for compensation must do the following prior to commencing the work:

69.4(1) Provide the pamphlet, Lead Poisoning: How to Protect Iowa Families, an approved lead hazard information pamphlet to the owner of the multifamily target housing where renovation, remodeling, and repainting will be performed.

69.4(2) Obtain a signed, dated acknowledgment from the owner of the multifamily target housing where renovation, remodeling, and repainting will be performed affirming that the owner has received the pamphlet and is aware of the potential health hazards from remodeling, renovating, or repainting housing containing lead-based paint.

a. The acknowledgment shall include the following language:

I have received the pamphlet entitled Lead Poisoning: How to Protect Iowa Families and am aware of the potential health risk associated with remodeling, renovating, or repainting housing containing lead-based paint or lead-based paint hazards.

b. Below the statement, the acknowledgment shall require the signature of the owner, along with the date of signature.

c. The type size shall be no smaller than 12-point type.

d. The acknowledgment may be included as a separate sheet or as a part of any written contract or service agreement. The acknowledgment must be completed prior to commencing the work.

e. If the parties use a written contract or agreement which is written in a language other than English, the acknowledgment text shall be written in the same language as the text of the contract or agreement.

f. Notify each owner and occupant of the multifamily housing, in writing, of the intended remodeling, repainting, or renovation, and make the pamphlet, Lead Poisoning: How to Protect Iowa Families, available upon request. At a minimum, this notification shall be accomplished by distributing written notice to each owner and occupant of the target housing. The notice shall describe:

(1) The general nature and location of the planned renovation, remodeling, and repainting activity.

(2) The expected starting and ending dates of the planned renovation, remodeling, and repainting activity.

(3) A statement of how the owners and occupants can obtain the pamphlet, Lead Poisoning: How to Protect Iowa Families, at no charge from the individual conducting the renovation, remodeling, and repainting activity.

g. These activities shall be conducted by the individual planning to perform the renovation, remodeling, and repainting, or by the owner on behalf of this individual.

h. If the owner performs the notification activities on behalf of the individual planning to perform the renovation, remodeling, and repainting, then the individual planning to perform the renovation, remodeling, and repainting must retain a statement signed and dated by the owner of the dwelling describing the steps performed to notify all occupants of the intended renovation, remodeling, and repainting, and to provide the pamphlet, Lead Poisoning: How to Protect Iowa Families, at no charge upon request. Regardless of who performs the notification activities required in this subrule, the individual planning to conduct the renovation, remodeling, and repainting shall be responsible for ensuring compliance with this subrule and shall be liable for any failures to comply with the notification requirements in this subrule.

69.4(3) If the general nature, location, and expected starting and ending dates of the planned renovation, remodeling, and repainting change after the initial notification has been conducted, the individual conducting the renovation, remodeling, and repainting shall provide further notification to the owners and occupants providing revised information on the ongoing or planned activities.

641--69.5(135) Record-keeping requirements. Beginning on August 1, 1999, individuals who conduct renovation, remodeling, and repainting for compensation in target housing shall retain all records necessary to demonstrate compliance with this chapter for a minimum of three years following completion of the renovation, remodeling, and repainting. The records shall include:

69.5(1) The address or location of the target housing where remodeling, renovation, or repainting was conducted.

69.5(2) A list of all the occupants of the dwelling units where renovation, remodeling, or repainting was conducted at the commencement of the work.

69.5(3) Copies of signed, dated acknowledgments as required by subrule 69.3(2) from each owner and occupant of a dwelling unit where renovation, remodeling, or repainting was conducted.

69.5(4) Copies of signed, dated acknowledgments as required by subrule 69.4(2) from each owner of multifamily target housing where renovation, remodeling, or repainting was conducted in common areas.

69.5(5) Copies of all signed, dated statements of notification, as well as copies of all notification materials to all owners and occupants as required by acknowledgments as required by subrule 69.4(2) from each owner and occupant of multifamily target housing where renovation, remodeling, or repainting was conducted in common areas.

641--69.6(135) Enforcement.

69.6(1) The department may enter the place of business of an individual who conducts renovation, remodeling, and repainting for the purpose of enforcing the notification required by this chapter.

69.6(2) The following are considered to be in violation of this chapter:

a. Failure or refusal to comply with any requirements of this chapter.

b. Failure or refusal to establish, maintain, provide, copy, or permit access to records or reports as required by this chapter.

c. Failure or refusal to permit entry or inspection as described in subrule 69.6(1).

These rules are intended to implement 1997 Iowa Acts, House File 335, section 6.

ARC 7603A

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code [omega]17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under
[omega]17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 135.102, the Department of Public Health proposes to adopt amendments to Chapter 70, "Lead Professional Certification," Iowa Administrative Code.

Iowa Code section 135.105A directs the Department of Public Health to establish a program for the training and certification of lead inspectors and lead abaters and states that a person shall not perform lead abatement or lead inspections unless the person has completed a training program approved by the Department and has obtained certification. Property owners are required to be certified only if the property in which they will perform lead inspections or lead abatement is occupied by a person other than the owner or a member of the owner's immediate family while the measures are being performed. A person may be certified as both a lead inspector and a lead abater. However, a person who is certified as both shall not provide both inspection and abatement services at the same site unless a written consent or waiver, following full disclosure by the person, is obtained from the owner or manager of the site. The legislation establishing this Iowa Code section stated that this section could take effect only after the Department of Public Health obtained certification from the U.S. Environmental Protection Agency (EPA) as an accredited program to train and certify lead inspectors and abaters. However, the legislation also stated that the Department could establish a temporary program for the voluntary certification of lead inspectors and lead abaters during the period prior to obtaining certification as an accredited program from the U.S. EPA.

In September 1996, the Department of Public Health adopted rules to implement a voluntary program to certify lead inspectors in response to the demand for lead inspectors that was created by the U.S. EPA rules that require disclosure regarding lead-based paint prior to the sale or rental of a pre-1978 dwelling.

In May 1997, the Department of Public Health amended the existing rules to implement a voluntary program to certify additional lead professionals, including lead inspectors, elevated blood lead (EBL) inspectors, lead abatement contractors, lead abatement workers, and visual risk assessors. These rules were adopted to meet the public demand for additional categories of certified lead inspectors and to ensure that certified lead abatement contractors and certified lead abatement workers were available to meet the requirements of a U.S. Department of Housing and Urban Development grant received by the city of Dubuque.

Since the Department of Public Health certification program has not yet received authorization from the U.S. EPA, certification of lead professionals is still voluntary.

In order to receive authorization from the U.S. EPA, the Department of Public Health must establish a program for the mandatory certification of lead professionals that will be considered as protective as the U.S. EPA rules contained in Subpart L and Subpart Q of 40 CFR Part 745 of the Code of Federal Regulations. Under 40 CFR Part 745, approval of training programs will become mandatory on March 1, 1999, and certification of lead professionals will become mandatory on August 31, 1999. The Department of Public Health must submit an application by March 1, 1998, asking for this program to be approved. The U.S. EPA must approve or disapprove this application by August 31, 1998. If this application is not approved, the U.S. EPA will enforce the federal regulations in Iowa beginning on August 31, 1998.

The proposed amendments to Chapter 70 make changes to the current voluntary certification program for lead professionals. In addition, in order to meet the U.S. EPA requirements for authorization of this program, approval of training programs will become mandatory on March 1, 1999, and certification of lead professionals will become mandatory on August 1, 1999. While these amendments require lead professionals to be certified and establish specific requirements for how to perform lead-based paint activities if a property owner, manager or occupant chooses to undertake them, nothing in this chapter requires a property owner, manager, or occupant to undertake any particular lead-based paint activity.

These rules are based on the final U.S. Environmental Protection Agency requirements for certification of lead professionals.

Consideration will be given to all written suggestions or comments on the proposed amendments and on the Department of Public Health's intent to seek authorization from the U.S. Environmental Protection Agency to administer and enforce Subpart L - Lead Based Paint Activities of Part 745 of the Code of Federal Regulations received on or before November 13, 1997. Such written materials should be sent to the Lead Poisoning Prevention Program, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319, fax (515)281-4529.

Also, there will be a public hearing on November 13, 1997, at 10 a.m. (local Iowa time) over the Iowa Communications Network (ICN) at which time persons may present their views. The sites for the public hearing are: Buena Vista University, Room 7B, West 4th Street and College, Storm Lake; Kirkwood Community College, Room 32B, The Farm Building, 6301 Kirkwood Boulevard SW, Cedar Rapids; Hawkeye Community College, Room 110, Tama Hall, 1501 East Orange, Waterloo; Indian Hills Community College, Room 108, Advanced Technical Center, 525 Grandview Avenue, Ottumwa; North Iowa Area Community College, Room 129, Career Building, 500 C Drive, Mason City; Southwestern Community College, Room 207, Instructional Center, 1501 West Townline, Creston; and Iowa Department of Public Health ICN Room, Third Floor, Lucas State Office Building, Des Moines.

These amendments are intended to implement Iowa Code section 135.105A.

The following amendments are proposed.

Amend 641--Chapter 70 as follows:

CHAPTER 70

LEAD PROFESSIONAL CERTIFICATION

641--70.1(135) Applicability. This Prior to August 1, 1999, this chapter applies to all persons who are certified lead professionals in Iowa. After August 1, 1999, this chapter applies to all persons who are lead professionals in Iowa. While this chapter requires lead professionals to be certified and establishes specific requirements for how to perform lead-based paint activities if a property owner, manager or occupant chooses to undertake them, nothing in this chapter requires a property owner, manager, or occupant to undertake any particular lead-based paint activity.

641--70.2(135) Definitions.

"Adequate quality control" means a plan or design which ensures the authenticity, integrity, and accuracy of samples, including dust, soil, and paint chip or paint film samples. Adequate quality control also includes provisions for representative sampling.

"Approved course" means a course that has been approved by the department for the training of lead professionals.

"Certified elevated blood lead (EBL) inspection agency" means an agency that has met the requirements of 641--70.5(135) and that has been certified by the department.

"Certified elevated blood lead (EBL) inspector" means a person who has met the requirements of 641--70.5(135) and who has been certified by the department.

"Certified lead abatement contractor" means a person who has met the requirements of 641--70.5(135) and who has been certified by the department.

"Certified lead abatement worker" means a person who has met the requirements of 641--70.5(135) and who has been certified by the department.

"Certified lead inspector" means a person who has met the requirements of 641--70.5(135) and who has been certified by the department.

"Certified lead professional" means a person who has been certified by the department as a lead inspector, elevated blood lead (EBL) inspector, lead abatement contractor, lead abatement worker, or visual risk assessor.

"Certified visual risk assessor" means a person who has met the requirements of 641--70.5(135) and who has been certified by the department.

"Child-occupied facility" means a building, or portion of a building, constructed prior to 1978, visited by the same child six years of age or under, on at least two different days within any week (Sunday through Saturday period, provided that each day's visit lasts at least three hours and the combined weekly visit lasts at least six hours). Child-occupied facilities may include, but are not limited to, day-care centers, preschools and kindergarten classrooms.

"Clearance levels" means values that indicate the maximum amount of lead permitted in dust on a surface following completion of an abatement activity. These values are 100 micrograms per square foot on floors, 500 micrograms per square foot on windowsills, and 800 micrograms per square foot on window troughs.

"Common area" means a portion of the building that is generally accessible to all occupants. This includes, but is not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, garages, and boundary fences.

"Component or building component" means specific design or structural elements or fixtures of a building, residential dwelling, or child-occupied facility that are distinguished from each other by form, function, and location. These include, but are not limited to, interior components such as ceilings, crown moldings, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim (including sashes, window heads, jambs, sills or stools and troughs), built-in cabinets, columns, beams, bathroom vanities, countertops, and air conditioners; and exterior components such as painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fascias, rake boards, cornerboards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, windowsills or stools and troughs, casing, sashes and wells, and air conditioners.

"Containment" means a process to protect workers and the environment by controlling exposures to the lead-contaminated dust and debris created during an abatement.

"Course agenda" means an outline of the key topics to be covered during a training course, including the time allotted to teach each topic.

"Course test" means an evaluation of the overall effectiveness of the training which shall test the trainees' knowledge and retention of the topics covered during the course.

"Course test blueprint" means written documentation identifying the proportion of course test questions devoted to each major topic in the course curriculum.

"Department" means the Iowa department of public health.

"Deteriorated paint" means paint that is cracking, flaking, chipping, peeling, or otherwise separating from the substrate of a building component.

"Discipline" means one of the specific types or categories of lead-based paint activities identified in this chapter for which individuals may receive training from approved courses and become certified by the department. For example, "lead inspector" is a discipline.

"Distinct painting history" means the application history, as indicated by its visual appearance or a record of application, over time, of paint or other surface coatings to a component or room.

"Documented methodologies" means methods or protocols used to sample for the presence of lead in paint, dust, and soil.

"Elevated blood lead (EBL) child" means any child who has had one venous blood lead level greater than 20 micrograms per deciliter or at least two venous blood lead levels of 15 to 19 micrograms per deciliter.

"Elevated blood lead (EBL) inspection" means an inspection to determine the sources of lead exposure for an elevated blood lead (EBL) child and the provision within ten working days of a written report explaining the results of the investigation to the owner and occupant of the residential dwelling or child-occupied facility being inspected and to the parents of the elevated blood lead (EBL) child.

"Encapsulant" means a substance that forms a barrier between lead-based paint and the environment using a liquid-applied coating (with or without reinforcement materials) or an adhesively bonded covering material.

"Encapsulation" means the application of an encapsulant.

"Enclosure" means the use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the environment.

"Guest instructor" means an individual designated by the training program manager or principal instructor to provide instruction specific to the lecture, hands-on work activities, or work practice components of a course.

"Hands-on skills assessment" means an evaluation which tests the trainees' ability to satisfactorily perform the work practices and procedures identified in 641--70.6(135), as well as any other skill taught in a training course.

"Hazardous waste" means any waste as defined in 40 CFR 2561.3.

"Interim controls" means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including repairing deteriorated lead-based paint, specialized cleaning, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.

"Lead abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards in a residential dwelling or child-occupied facility. Abatement includes, but is not limited to, (1) the removal of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil and (2) all preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures. Lead abatement specifically includes, but is not limited to,(1) projects for which there is a written contract or other documentation, which provides that an individual will be conducting activities in or to a residential dwelling or child-occupied facility that shall result in or are designed to permanently eliminate lead-based paint hazards, (2) projects resulting in the permanent elimination of lead-based paint hazards, (3) projects resulting in the permanent elimination of lead-based paint hazards that are conducted by firms or individuals who, through their company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint abatement, and (4) projects resulting in the permanent elimination of lead-based paint that are conducted in response to an abatement order. Abatement does not include renovation, remodeling, landscaping, or other activities, when such activities are not designed to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. Furthermore, abatement does not include interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently, reduce lead-based paint hazards.

"Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5 percent by weight.

"Lead-based paint activities" means, in the case of target housing and child-occupied facilities, lead inspection, elevated blood lead (EBL) inspection, lead hazard screen, risk assessment, lead abatement, and visual risk assessment.

"Lead-based paint hazard" means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-based paint that is deteriorated or present in accessible surfaces, friction surfaces, and impact surfaces that would result in adverse human health effects.

"Lead-contaminated dust" means surface dust in residential dwellings or child-occupied facilities that contains in excess of 100 micrograms per square foot on floors, 500 micrograms per square foot on windowsills, and 800 micrograms per square foot on window troughs.

"Lead-contaminated soil" means bare soil on residential real property and on the property of a child-occupied facility that contains lead in excess of 400 parts per million for areas where child contact is likely and in excess of 2,000 parts per million if child contact is not likely.

"Lead hazard screen" means a limited risk assessment activity that involves limited paint and dust sampling.

"Lead inspection" means a surface-by-surface investigation to determine the presence of lead-based paint and a determination of the existence, nature, severity, and location of lead-based paint hazards in a residential dwelling or child-occupied facility and the provision of a written report explaining the results of the investigation and options for reducing lead-based paint hazards to the person requesting the lead inspection.

"Lead professional" means a person who conducts lead abatement, lead inspections, elevated blood lead (EBL) inspections, lead hazard screens, risk assessments, or visual risk assessments.

"Living area" means any area of a residential dwelling used by at least one child, six years of age or less, including, but not limited to, living rooms, kitchen areas, dens, playrooms, and children's bedrooms.

"Multifamily dwelling" means a structure that contains more than one separate residential dwelling unit, which is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.

"Occupant protection plan" means a plan developed by a certified lead abatement contractor prior to the commencement of lead abatement in a residential dwelling or child-occupied facility that describes the measures and management procedures that will be taken during lead abatement to protect the building occupants from exposure to any lead-based paint hazards.

"Permanently covered soil" means soil which has been separated from human contact by the placement of a barrier consisting of solid, relatively impermeable materials, such as pavement or concrete. Grass, mulch, and other landscaping materials are not considered permanent covering.

"Principal instructor" means the individual who has the primary responsibility for organizing and teaching a particular course.

"Recognized laboratory" means an environmental laboratory recognized by the U.S. Environmental Protection Agency pursuant to Section 405(b) of the federal Toxic Substance Control Act as capable of performing an analysis for lead compounds in paint, soil, and dust.

"Reduction" means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement.

"Refresher training course" means a course taken by a certified lead professional to maintain certification in a particular discipline.

"Residential dwelling" means (1) a detached single-family dwelling unit, including the surrounding yard, attached structures such as porches and stoops, and detached buildings and structures including, but not limited to, garages, farm buildings, and fences, or (2) a single-family dwelling unit in a structure that contains more than one separate residential dwelling unit, which is used or occupied, or intended to be used or occupied, in whole or part, as the home or residence of one or more persons.

"Risk assessment" means an investigation to determine the existence, nature, severity, and location of lead-based paint hazards in a residential dwelling or child-occupied facility and the provision of a written report explaining the results of the investigation and options for reducing lead-based paint hazards to the person requesting the risk assessment.

"State certification examination" means a discipline-specific examination administered by the department to test the knowledge of a person who has completed an approved training course and is applying for certification in a particular discipline.

"Target housing" means housing constructed prior to 1978 with the exception of housing for the elderly or for persons with disabilities, unless at least one child, six years of age or less, resides or is expected to reside in the housing, and housing which does not contain a bedroom.

"Training hour" means at least 50 minutes of actual learning, including, but not limited to, time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, or hands-on experience.

"Training manager" means the individual responsible for administering an approved course and monitoring the performance of principal instructors and guest instructors.

"Training program" means a person or organization sponsoring a lead professional training course.

"Visual inspection for clearance testing" means the visual examination of a residential dwelling or a child-occupied facility following an abatement to determine whether or not the abatement has been successfully completed.

"Visual risk assessment" means a visual assessment to determine the presence of lead-based deteriorated paint or other potential sources of lead-based paint hazards in a residential dwelling or child-occupied facility and the provision of a written report explaining the results of the assessment to the person requesting the visual risk assessment.

"X-ray fluorescence analyzer (XRF)" means an instrument that determines lead concentrations in milligrams per square centimeter (mg/cm2) using the principle of x-ray fluorescence.

641--70.3(135) Certification allowed. Prior to August 1, 1999, Lead lead professionals may be certified by the department. Beginning August 1, 1999, lead professionals must be certified by the department in the appropriate discipline before they conduct lead abatement, lead inspections, elevated blood lead (EBL) inspections, lead hazard screens, risk assessments, and visual risk assessments, except persons who perform these activities within residential dwellings that they own, unless the residential dwelling is occupied by a person other than the owner or a member of the owner's immediate family while these activities are being performed. In addition, elevated blood lead (EBL) inspections shall be conducted only by certified elevated blood lead (EBL) inspectors employed by or under contract with a certified elevated blood lead (EBL) inspection agency. Lead professionals shall not state that they have been certified by the state of Iowa unless they have met the requirements of 641--70.5(135) and been issued a certificate by the department. Elevated Prior to August 1, 1999, elevated blood lead (EBL) inspection agencies may be certified by the department. Beginning August 1, 1999, elevated blood lead (EBL) inspection agencies must be certified by the department. Elevated blood lead (EBL) inspection agencies shall not state that they have been certified by the state of Iowa unless they have met the requirements of 641--70.5(135) and been issued a certificate by the department.

641--70.4(135) Course approval and standards. Lead Prior to March 1, 1999, lead professional training courses for initial certification and refresher training may be approved by the department. Beginning March 1, 1999, lead professional training courses for initial certification and refresher training must be approved by the department. Training programs shall not state that they have been approved by the state of Iowa unless they have met the requirements of 641-- 70.4(135) and been issued a letter of approval by the department.

70.4(1) Training courses shall meet the following requirements:

a. The training course shall employ a training manager who has the following qualifications:

(1) A bachelor's or graduate degree in building construction technology, engineering, industrial hygiene, safety, public health, or a related field; or two years of experience in managing a training program specializing in environmental hazards.

(2) Demonstrated experience, education, or training in lead professional activities, including lead inspection, lead abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.

b. The training manager shall designate a qualified principal instructor for each course who has the following qualifications:

(1) Demonstrated experience, education, or training in teaching workers or adults.

(2) Certification as a lead inspector, elevated blood lead (EBL) inspector, or lead abatement contractor.

(3) Demonstrated experience, education, or training in lead professional activities, including lead inspection, lead abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.

c. The principal instructor shall be responsible for the organization of the course and oversight of the teaching of all course material. The training manager may designate guest instructors as needed to provide instruction specific to the lecture, hands-on activities, or work practice components of a course.

d. The training program shall ensure the availability of, and provide adequate facilities for, the delivery of the lecture, course test, hands-on training, and assessment activities. This includes providing training equipment that reflects current work practices and maintaining or updating the equipment as needed.

e. The training manager shall maintain the validity and integrity of the hands-on skills assessment or to ensure that it accurately evaluates the trainees' performance of the work practices and procedures associated with the course topics contained in subrules 70.4(3) to 70.4(8).

f. The training manager shall maintain the validity and integrity of the course test to ensure that it accurately evaluates the trainees' knowledge and retention of the course topics.

g. The course test shall be developed in accordance with the test blueprint submitted with the course approval application.

h. The training program shall issue unique course completion certificates to each individual who passes the course. The course completion certificate shall include:

(1) The name and address of the individual and a unique identification number.

(2) The name of the particular course that the individual completed.

(3) Dates of course completion and test passage.

(4) The name, address, and telephone number of the training program.

i. The training manager shall develop and implement a quality control program. The plan shall be used to maintain and improve the quality of the training program over time. This plan shall contain at least the following elements:

(1) Procedures for periodic revision of training materials and the course test to reflect changes in regulations and recommended practices.

(2) Procedures for the training manager to conduct an annual review of the competency of the principal instructor.

j. The training program shall offer courses that teach the work practice standards for conducting lead-based paint activities contained in 641--70.6(135) and other standards developed by the department. These standards shall be taught in the appropriate courses to provide trainees with the knowledge needed to perform the lead-based paint activities they are responsible for conducting.

k. The training manager shall ensure that the training program complies at all times with all requirements in this rule.

l. The training manager shall allow the department to audit the training program to verify the contents of the application for approval and for reapproval.

m. The training program shall maintain, and make available to the department, upon request, the following records:

(1) All documents specified in 641--paragraph 70.4(2)"f."

(2) Current curriculum/course materials and documents reflecting any changes made to these materials.

(3) The course test blueprint.

(4) Information regarding how the hands-on assessment is conducted including, but not limited to, who conducts the assessment, how the skills are graded, what facilities are used, and the pass/fail rate.

(5) The quality control plan as described in 70.4(1)"i."

(6) Results of the students' hands-on skills assessments and course tests and a record of each student's course completion certificate.

(7) Any other materials that have been submitted to the department as part of the program's application for approval.

n. The training program shall retain all required records at the address specified on the training program approval application for a minimum of six years.

o. The training program shall notify the department in writing within 30 days of changing the address specified on its training program approval application or transferring the records from that address.

70.4(1) 70.4(2) If a person or organization sponsoring a lead professional training course training program desires approval of a course by the department, the person or organization training program shall apply to the department for approval of the course at least 30 90 days before the course is scheduled to begin initial offering of the course. The application shall include:

a. Sponsoring organization Training program name, contact person, address, and telephone number.

b. Course dates and times.

c. Course location, including a description of the facilities and equipment to be used for lecture and hands-on training.

d. Course outline agenda, including approximate times allotted to each training segment.

e. A copy of each reference material, text, student and instructor manuals, and audio-visual material used in the course.

f. The name(s) and qualifications of the training manager, principal instructor(s), and guest instructors. The following documents shall be submitted as evidence that training managers and principal instructors have the education, work experience, training requirements, or demonstrated experience required by 70.4(1):

(1) Official transcripts or diplomas as evidence of meeting the education requirements.

(2) Résumés, letters of reference, or documentation of work experience, as evidence of meeting the work experience requirements.

(3) Certificates from lead-specific training courses, as evidence of meeting the training requirements.

g. A copy of the course test blueprint.

h. A description of the activities and procedures that will be used for conducting the assessment of hands-on skills for each course.

h i. Maximum class size.

j. A copy of the quality control plan for the course.

k. A fee of $200.

70.4(2) 70.4(3) To be approved for the training of lead inspectors prior to March 1, 1999, a course must be at least 24 instructional training hours and with a minimum of 8 hours devoted to hands-on training activities. Beginning March 1, 1999, a course must be at least 40 training hours with a minimum of 12 hours devoted to hands-on training activities. Lead inspector training courses shall cover at least the following subjects (requirements ending in an asterisk (*) indicate areas that require hands-on activities as an integral component of the course):

a. Role and responsibilities of an inspector.

b. Background information on lead and its adverse health effects, how children and adults are exposed to lead, and how to prevent lead exposure in children and adults.

c. Background information on federal, state, and local regulations and guidance that pertains to lead-based paint and lead-based paint activities.

d. Lead-based paint inspection methods, including selection of rooms and components for sampling or testing to determine if a property is free of lead-based paint as specified in the Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (1995, U.S. Department of Housing and Urban Development), and methods to determine if lead-based paint hazards are present in a property.*

e. Paint, dust, and soil sampling methodologies.*

f. Clearance standards and testing, including random sampling.*

g. Identification of lead-based paint hazards.

g. Collection of background information to perform a risk assessment.

h. Sources of environmental lead contamination such as paint, surface dust and soil, and water.

i. Visual inspection to identify lead-based paint hazards.*

j. Lead hazard screen protocol.

k. Visual risk assessment protocol.

l. Sampling for other sources of lead exposure.*

m. Interpretation of lead-based paint and other lead sampling results, including all applicable federal, state, and local guidance or regulations pertaining to lead-based paint hazards.*

n. Development of hazard control options, the role of interim controls, and operations and maintenance activities to reduce lead-based paint hazards.

h o. Preparation of the final inspection report.

i p. Record keeping.

j. The course shall conclude with a written examination. The student must achieve a passing mark on the examination to successfully complete the course.

q. The course shall conclude with a course test and, if applicable, a hands-on skills assessment. The student must achieve a score of at least 80 percent on the examination and successfully complete the hands-on skills assessment to successfully complete the course.

70.4(3) 70.4(4) To be approved for the training of elevated blood lead (EBL) inspectors prior to March 1, 1999, a course must be at least 32 instructional training hours and with a minimum of 8 hours devoted to hands-on training activities. Beginning March 1, 1999, a course must be at least 48 training hours with a minimum of 12 hours devoted to hands-on training activities. Elevated blood lead (EBL) inspector training courses shall cover at least the following subjects (requirements ending in an asterisk (*) indicate areas that require hands-on activities as an integral component of the course):

a. Role and responsibilities of an elevated blood lead (EBL) inspector.

b. Background information on lead and its adverse health effects, how children and adults are exposed to lead, and how to prevent lead exposure in children and adults.

c. Background information on federal, state, and local regulations and guidance that pertains to lead-based paint and lead-based paint activities.

d. Lead-based paint inspection methods, including selection of rooms and components for sampling or testing to determine if a property is free of lead-based paint as specified in the Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (1995, U.S. Department of Housing and Urban Development), and methods to determine if lead-based paint hazards are present in a property.*

e. Paint, dust, and soil sampling methodologies.*

f. Clearance standards and testing, including random sampling.*

g. Identification of lead-based paint hazards.

g. Collection of background information to perform a risk assessment.

h. Environmental case management of elevated blood lead (EBL) children.

h. Sources of environmental lead contamination such as paint, surface dust and soil, and water.

i. Visual inspection to identify lead-based paint hazards.*

j. Lead hazard screen protocol.

k. Visual risk assessment protocol.

l. Sampling for other sources of lead exposure.*

m. Interpretation of lead-based paint and other lead sampling results, including all applicable federal, state, and local guidance or regulations pertaining to lead-based paint hazards.*

n. Development of hazard control options, the role of interim controls, and operations and maintenance activities to reduce lead-based paint hazards.*

i o. Preparation of the final inspection report.

j p. Record keeping.

k. The course shall conclude with a written examination. The student must achieve a passing mark on the examination to successfully complete the course.

q. Environmental case management of elevated blood lead (EBL) children.

r. The course shall conclude with a course test and, if applicable, a hands-on skills assessment. The student must achieve a score of at least 80 percent on the examination and successfully complete the hands-on skills assessment to successfully complete the course.

70.4(4) 70.4(5) To be approved for the training of lead abatement contractors, a course must be at least 32 40 instructional training hours with a minimum of 12 hours devoted to hands-on activities and shall cover at least the following subjects (requirements ending in an asterisk (*) indicate areas that require hands-on activities as an integral component of the course):

a. Role and responsibilities of a lead abatement contractor.

b. Background information on lead and its adverse health effects, how children and adults are exposed to lead, and how to prevent lead exposure in children and adults.

c. Background information on federal, state, and local regulations and guidance that pertains to lead-based paint and lead-based paint activities.

d. Liability and insurance issues relating to lead-based paint abatement.

e. Identification of lead-based paint and lead-based paint hazards.*

f. Interpretation of lead inspection reports.*

g. Development and implementation of an occupant protection plan and abatement report.

h. Respiratory protection and protective clothing.*

i. Employee information and training.

j. Approved methods for conducting lead-based paint abatement and interim controls.*

k. Prohibited methods for conducting lead-based paint abatement and interim controls.

l. Interior dust abatement and cleanup.*

m. Soil and exterior dust abatement and cleanup.*

n. Clearance standards and testing, including random sampling.

o. Cleanup and waste disposal.

p. Record keeping.

q. The course shall conclude with a written examination. The student must achieve a passing mark on the examination to successfully complete the course.

q. The course shall conclude with a course test and, if applicable, a hands-on skills assessment. The student must achieve a score of at least 80 percent on the examination and successfully complete the hands-on skills assessment to successfully complete the course.

70.4(5) 70.4(6) To be approved for the training of lead abatement workers, a course must be at least 32 instructional training hours with a minimum of 12 hours devoted to hands-on activities and shall cover at least the following subjects (requirements ending in an asterisk (*) indicate areas that require hands-on activities as an integral component of the course):

a. Role and responsibilities of a lead abatement worker.

b. Background information on lead and its adverse health effects, how children and adults are exposed to lead, and how to prevent lead exposure in children and adults.

c. Background information on federal, state, and local regulations and guidance that pertains to lead-based paint and lead-based paint activities.

d. Identification of lead-based paint and lead-based paint hazards.*

e. Approved methods for conducting lead-based paint abatement and interim controls.*

f. Prohibited methods for conducting lead-based paint abatement and interim controls.

g. Interior dust abatement and cleanup.*

h. Soil and exterior dust abatement and cleanup.*

i. Cleanup and waste disposal.

j. Respiratory protection.*

k. Personal hygiene.

l. The course shall conclude with a written examination. The student must achieve a passing mark on the examination to successfully complete the course.

l. The course shall conclude with a course test and, if applicable, a hands-on skills assessment. The student must achieve a score of at least 80 percent on the examination and successfully complete the hands-on skills assessment to successfully complete the course.

70.4(6) 70.4(7) To be approved for the training of visual risk assessors, a course must be at least 16 instructional training hours with a minimum of 4 hours devoted to hands-on activities and shall cover at least the following subjects (requirements ending in an asterisk (*) indicate areas that require hands-on activities as an integral component of the course):

a. Role and responsibilities of a visual risk assessor.

b. Background information on lead and its adverse health effects, how children and adults are exposed to lead, and how to prevent lead exposure in children and adults.

c. Background information on federal, state, and local regulations and guidance that pertains to lead-based paint and lead-based paint activities.

d. Methods of conducting visual risk assessments.*

e. Paint, dust, and soil sampling methodologies.*

f. Clearance standards and testing, including random sampling.*

g. Identification of lead-based paint hazards.*

h. Preparation of the final assessment report.

i. Record keeping.

j. The course shall conclude with a written examination. The student must achieve a passing mark on the examination to successfully complete the course.

j. The course shall conclude with a course test and, if applicable, a hands-on skills assessment. The student must achieve a score of at least 80 percent on the examination and successfully complete the hands-on skills assessment to successfully complete the course.

70.4(8) To be approved for refresher training, a course must be at least 8 training hours and shall cover at least the following subjects:

a. A review of the curriculum topics of the initial certification course for the appropriate discipline as listed in 70.4(3) to 70.4(7).

b. An overview of current safety practices relating to lead-based paint activities in general, as well as specific information pertaining to the appropriate discipline.

c. Current laws and regulations relating to lead-based paint activities in general, as well as specific information pertaining to the appropriate discipline.

d. Current technologies relating to lead-based paint activities in general, as well as specific information pertaining to the appropriate discipline.

e. The course shall conclude with a course test and, if applicable, a hands-on skills assessment. The student must achieve a score of at least 80 percent on the examination and successfully complete the hands-on skills assessment to successfully complete the course.

70.4(9) Approvals of training courses shall expire three years after the date of issuance. The training manager shall submit the following at least 90 days prior to the expiration date for a course to be reapproved:

a. Sponsoring organization name, contact person, address, and telephone number.

b. A list of the courses for which reapproval is sought.

c. A description of any changes to the training staff, facility, equipment, or course materials since the approval of the training program.

d. A statement signed by the training manager stating that the training program complies at all times with 641--70.4(135).

e. A fee of $200.

70.4(10) The department shall consider a request for approval of a training course that has been approved by a state or tribe authorized by the U.S. Environmental Protection Agency.

a. The course shall be approved if it meets the requirements of 641--70.4(135).

b. If the course does not meet all of the requirements of 641--70.4(135), the department shall inform the training provider of additional topics and training hours that are needed to meet the requirements of 641--70.4(135).

641--70.5(135) Certification and recertification.

70.5(1) A person wishing to become a certified lead professional shall apply on forms supplied by the department. The applicant must submit:

a. A completed application form.

b. Documentation of successful A certificate of completion of an approved course for the discipline in which the applicant wishes to become certified.

c. A person wishing to become a certified lead inspector or a certified elevated blood lead (EBL) inspector shall provide documentation of successful completion of the manufacturer's training course or equivalent for the x-ray fluorescence (XRF) analyzer that the inspector will use to conduct lead inspections.

d. Documentation that the applicant meets the additional experience and education requirements in 641--subrule 70.5(2) for the discipline in which the applicant wishes to become certified. The following documents shall be submitted as evidence that the applicant has the education and work experience required by 641--subrule 70.5(2):

(1) Official transcripts or diplomas as evidence of meeting the education requirements.

(2) Résumés, letters of reference, or documentation of work experience, as evidence of meeting the work experience requirements.

e. Beginning March 1, 1999, a certificate showing that the applicant has passed the state certification examination in the discipline in which the applicant wishes to become certified.

d f. A $50 nonrefundable filing fee.

70.5(2) A person who has completed a course of training prior to September 1, 1996, or has completed a training course in another state may be certified in Iowa. The person shall submit:

a. A completed Iowa application form.

b. Documentation showing that the training course met the hour and subject requirements for an approved course for the discipline in which the person wishes to become certified.

c. Documentation of successful completion of the training course for the discipline in which the person wishes to become certified.

d. A person wishing to become a certified lead inspector or a certified elevated blood lead (EBL) inspector shall provide documentation of successful completion of the manufacturer's training course or equivalent for the x-ray fluorescence (XRF) analyzer that the inspector will use to conduct lead inspections.

e. A $50 nonrefundable filing fee.

70.5(2) To become certified by the department as a lead inspector, elevated blood lead (EBL) inspector, lead abatement contractor, lead abatement worker, or visual risk assessor, an applicant must meet the education and experience requirements for the appropriate discipline:

a. Lead inspectors and elevated blood lead (EBL) inspectors must meet one of the following requirements:

(1) Bachelor's degree.

(2) Associate's degree and one year of related experience (e.g., lead, environmental health, public health, housing inspection, building trades).

(3) High school diploma and two years of related experience (e.g., lead, environmental health, public health, housing inspection, building trades).

(4) Certification as an industrial hygienist, professional engineer, registered architect, registered sanitarian, registered environmental health specialist, or registered nurse.

b. Lead abatement contractors must meet one of the following requirements:

(1) One year of experience as a certified lead abatement worker.

(2) Two years of experience in building trades.

c. No additional education or experience is required for lead abatement workers.

d. Visual risk assessors must meet one of the following requirements:

(1) Associate's degree.

(2) High school diploma and one year of related experience (e.g., lead, environmental health, public health, housing inspection, building trades).

(3) Certification as an industrial hygienist, professional engineer, registered architect, registered sanitarian, registered environmental health specialist, or registered nurse.

70.5(3) Certifications under these rules issued prior to March 1, 1999, shall expire on August 1, 1999. At that time By August 1, 1999, lead professionals certified prior to March 1, 1999, must be recertified by submitting the following: according to the requirements of U.S. Environmental Protection Agency (EPA)-authorized Iowa regulations or the U.S. EPA, whichever is applicable at that time.

a. A completed application form.

b. For lead inspectors, a certificate showing the completion of additional training hours in an approved course to meet the total training hours required by subrule 70.4(3).

c. For elevated blood lead (EBL) inspectors, a certificate showing the completion of additional training hours in an approved course to meet the total training hours required by subrule 70.4(4).

d. Documentation that the applicant meets the experience and education requirements in 641--subrule 70.5(2) for the discipline in which the applicant wishes to become certified. The following documents shall be submitted as evidence that the applicant has the education and work experience required by 641--subrule 70.5(2):

(1) Official transcripts or diplomas as evidence of meeting the education requirements.

(2) Résumés, letters of reference, or documentation of work experience, as evidence of meeting the work experience requirements.

e. A certificate showing that the applicant has successfully completed an approved refresher training course for the appropriate discipline.

f. A certificate showing that the applicant has passed the state certification examination in the discipline in which the applicant wishes to become certified.

g. A $50 nonrefundable fee.

70.5(4) An agency wishing to become a certified elevated blood lead (EBL) inspection agency shall apply on forms supplied by the department. The agency must submit:

a. A completed application form.

b. Documentation that the agency has the authority to require the repair of lead hazards identified through an elevated blood lead (EBL) inspection.

c. Documentation that the agency employs or intends to contract has contracted with a certified elevated blood lead (EBL) inspector to provide environmental case management of all elevated blood lead (EBL) children in the agency's service area, including follow-up to ensure that lead-based paint hazards identified as a result of elevated blood lead (EBL) inspections are corrected.

70.5(5) Beginning March 1, 1999, individuals certified as lead professionals must be recertified each year. To be recertified, lead professionals must submit the following:

a. A completed application form.

b. A $50 nonrefundable fee.

c. Every three years, a certificate showing that the applicant has successfully completed an approved refresher training course for the appropriate discipline.

70.5(6) The department shall develop and administer the state certification examinations for the disciplines of lead inspector, elevated blood lead (EBL) inspector, lead abatement contractor, lead abatement worker, and visual risk assessor.

a. An individual may take the state certification examination no more than three times within six months of receiving a certificate of completion from an approved course.

b. If an individual does not pass the certification examination within six months of receiving a certificate of completion from an approved course, the individual must retake the appropriate approved course before reapplying for certification.

641--70.6(135) Standards of conduct. Work practice standards for conducting lead-based paint activities in target housing and child-occupied facilities.

70.6(1) A certified lead professional shall comply with these standards of conduct. Prior to March 1, 1999, when performing any lead-based paint activity described as an inspection, elevated blood lead (EBL) inspection, lead hazard screen, risk assessment, visual risk assessment, or lead abatement, a certified individual must perform that activity in compliance with the appropriate requirements below. Beginning on March 1, 1999, all lead-based paint activities shall be performed according to the work practice standards in 641--70.6(135) and a certified individual must perform that activity in compliance with the appropriate requirements below.

70.6(2) A certified lead inspector shall use only the approved methods of x-ray fluorescence and laboratory analysis to determine the presence of lead-based paint on a surface. A certified lead inspector shall use a laboratory certified by the National Lead Laboratory Accreditation Program to conduct laboratory analysis. A certified lead inspector shall maintain a written record for each residential dwelling or child-occupied facility inspected for no fewer than three years. The inspection record shall include, at least:

a. Date of each inspection;

b. Address of building;

c. Date of construction;

d. Apartment numbers (if applicable);

e. The name, address and telephone number of the owner or owners of each residential dwelling or child-occupied facility;

f. Name, signature, and certification number of each certified inspector conducting the investigation;

g. Name, address, and telephone number of each laboratory conducting an analysis of collected samples;

h. Each testing method and device and sampling procedure employed for paint analysis, including quality control data and, if used, the serial number of any x-ray fluorescence (XRF) device;

i. Specific locations of each painted component tested for the presence of lead-based paint; and

j. The results of the inspection expressed in terms appropriate to the sampling method used.

70.6(2) A certified lead inspector or a certified elevated blood lead (EBL) inspector must conduct lead inspections according to the following standards. Beginning on August 1, 1999, lead inspections shall be conducted only by a certified lead inspector or a certified elevated blood lead (EBL) inspector.

a. When conducting an inspection to determine if a property is free of lead-based paint, the inspector shall use the documented methodologies, including selection of rooms and components for sampling or testing, specified in the Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (1995, U.S. Department of Housing and Urban Development).

b. When conducting an inspection to determine if lead-based paint and lead-based paint hazards are present in a property, the following locations shall be selected and tested for the presence of lead-based paint:

(1) In a residential dwelling and child-occupied facility, the inspector must test each component with a distinct painting history and each exterior component with a distinct painting history for lead-based paint, except those components that the inspector determines have never been painted or have been replaced after 1978.

(2) In a multifamily dwelling or child-occupied facility, the inspector must also test each component with a distinct painting history in every common area, except those components that the inspector determines have never been painted or have been replaced after 1978.

c. Paint shall be sampled using adequate quality control by x-ray fluorescence or by laboratory analysis using a recognized laboratory to determine the presence of lead-based paint on a surface.

d. If lead-based paint is identified through an inspection, the inspector must conduct a visual inspection to determine the presence of lead-based paint hazards and any other potential lead hazards.

e. A certified lead inspector or a certified elevated blood lead (EBL) inspector shall prepare a written report for each residential dwelling or child-occupied facility inspected and shall provide a copy of this report to the person requesting the inspection. A certified lead inspector or a certified elevated blood lead (EBL) inspector shall maintain a copy of each written report for no fewer than three years. The inspection report shall include, at least:

(1) Date of each inspection;

(2) Address of building;

(3) Date of construction;

(4) Apartment numbers (if applicable);

(5) The name, address, and telephone number of the owner or owners of each residential dwelling or child-occupied facility;

(6) Name, signature, and certification number of each certified inspector conducting the investigation;

(7) Name, address, and telephone number of each laboratory conducting an analysis of collected samples;

(8) Each testing method and device and sampling procedure employed for paint analysis, including quality control data and, if used, the serial number of any x-ray fluorescence (XRF) device;

(9) Specific locations of each painted component tested for the presence of lead-based paint;

(10) The results of the inspection expressed in terms appropriate to the sampling method used;

(11) A description of the location, type, and severity of identified lead-based paint hazards, and any other potential lead hazards; and

(12) A description of interim controls and abatement options for each identified lead-based paint hazard and a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure.

70.6(3) A certified elevated blood lead (EBL) inspector shall maintain a written record for each residential dwelling or child-occupied facility inspected for no fewer than 10 years. The inspection record shall include, at least:

a. Date of each inspection;

b. Address of building;

c. Date of construction;

d. Apartment numbers (if applicable);

e. The name, address and telephone number of the owner or owners of each residential dwelling or child-occupied facility;

f. The name, address, telephone number and, if available, blood lead levels of the occupants of each residential dwelling or child-occupied facility;

g. Name, signature, and certification number of each certified elevated blood lead (EBL) inspector conducting the investigation;

h. Name, address, and telephone number of each laboratory conducting an analysis of collected samples;

i. Each testing method and device and sampling procedure employed for paint analysis, including quality control data and, if used, the serial number of any x-ray fluorescence (XRF) device;

j. Specific locations of each painted component tested for the presence of lead-based paint;

k. The results of the inspection expressed in terms appropriate to the sampling method used;

l. A list of the lead-based paint hazards found and recommended actions to repair these lead-based paint hazards;

m. A record of conversations held with the owners and occupants of each residential dwelling or child-occupied facility prior to, during, and after the inspection; and

n. Records of follow-up visits made to each residential dwelling or child-occupied facility where lead-based paint hazards are identified to ensure that lead-based paint hazards are safely repaired.

70.6(3) A certified elevated blood lead (EBL) inspector must conduct elevated blood lead (EBL) inspections according to the following standards. Beginning on August 1, 1999, EBL inspections shall be conducted only by a certified EBL inspector.

a. When conducting an elevated blood lead (EBL) inspection, the following locations shall be selected and tested for the presence of lead-based paint:

(1) In a residential dwelling and child-occupied facility, the inspector must test each component with a distinct painting history and each exterior component with a distinct painting history shall be tested for lead-based paint, except those components that the inspector determines have never been painted or have been replaced after 1978.

(2) In a multifamily dwelling or child-occupied facility, the inspector must also test each component with a distinct painting history in every common area, except those components that the inspector determines have never been painted or have been replaced after 1978.

b. Paint shall be sampled using adequate quality control by x-ray fluorescence or by laboratory analysis using a recognized laboratory to determine the presence of lead-based paint on a surface.

c. If lead-based paint is identified through an inspection, the inspector must conduct a visual inspection to determine the presence of lead-based paint hazards and any other potential lead hazards.

d. A certified elevated blood lead (EBL) inspector shall prepare a written report for each residential dwelling or child-occupied facility where an elevated blood lead (EBL) inspection has been conducted and shall provide a copy of this report to the owner and the occupant of the dwelling. The report shall include, at least:

(1) Date of each elevated blood lead (EBL) inspection;

(2) Address of building;

(3) Date of construction;

(4) Apartment numbers (if applicable);

(5) The name, address, and telephone number of the owner or owners of each residential dwelling or child-occupied facility;

(6) Name, signature, and certification number of each certified elevated blood lead (EBL) inspector conducting the investigation;

(7) Name, address, and telephone number of each laboratory conducting an analysis of collected samples;

(8) Each testing method and device and sampling procedure employed for paint analysis, including quality control data and, if used, the serial number of any x-ray fluorescence (XRF) device;

(9) Specific locations of each painted component tested for the presence of lead-based paint;

(10) The results of the inspection expressed in terms appropriate to the sampling method used;

(11) A description of the location, type, and severity of identified lead-based paint hazards, and any other potential lead hazards; and

(12) A description of interim controls and abatement options for each identified lead-based paint hazard and a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure.

e. A certified elevated blood lead (EBL) inspector shall maintain a written record for each residential dwelling or child-occupied facility where an elevated blood lead (EBL) inspection has been conducted for no fewer than ten years. The record shall include, at least:

(1) A copy of the written report required by paragraph 70.6(3)"d."

(2) Blood lead test results for the elevated blood lead (EBL) child.

(3) A record of conversations held with the owners and occupants of each residential dwelling or child-occupied facility prior to, during, and after the EBL inspection.

(4) Records of follow-up visits made to each residential dwelling or child-occupied facility where lead-based paint hazards are identified to ensure that lead-based paint hazards are safely repaired.

70.6(4) A certified lead inspector or a certified elevated blood lead (EBL) inspector must conduct lead hazard screens according to the following standards. Beginning on August 1, 1999, lead hazard screens shall be conducted only by a certified lead inspector or a certified elevated blood lead (EBL) inspector.

a. Background information regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to at least one child six years of age or less shall be collected.

b. A visual inspection of the residential dwelling or child-occupied facility shall be conducted to determine if any deteriorated paint is present and to locate at least two dust sampling locations.

c. If deteriorated paint is present, each surface with deteriorated paint which is determined to have a distinct painting history must be tested for the presence of lead.

d. In residential dwellings, two composite dust samples shall be collected. One sample shall be collected from the floors and the other from the window well and window trough in rooms, hallways, or stairwells where at least one child aged six or less is most likely to come in contact with dust.

e. In multifamily dwellings and child-occupied facilities, a composite dust sample shall also be collected from common areas where at least one child aged six or less is likely to come in contact with dust.

f. Dust samples shall be collected using the documented methodologies specified in the Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (1995, U.S. Department of Housing and Urban Development). Dust samples shall be analyzed by a recognized laboratory to determine the level of lead.

g. Paint shall be sampled using adequate quality control by x-ray fluorescence or by laboratory analysis using a recognized laboratory to determine the presence of lead-based paint on a surface.

h. A certified lead inspector shall prepare a written report for each residential dwelling or child-occupied facility where a lead hazard screen is conducted and shall provide a copy of this report to the person requesting the lead hazard screen. A certified lead inspector shall maintain a copy of each written report for no fewer than three years. The report shall include, at least:

(1) Date of each lead hazard screen;

(2) Address of building;

(3) Date of construction;

(4) Apartment numbers (if applicable);

(5) The name, address, and telephone number of the owner or owners of each residential dwelling or child-occupied facility;

(6) Name, signature, and certification number of each certified inspector conducting the investigation;

(7) Name, address, and telephone number of each recognized laboratory conducting an analysis of collected samples;

(8) Results of the visual inspection;

(9) Each testing method and device and sampling procedure employed for paint analysis, including quality control data and, if used, the serial number of any x-ray fluorescence (XRF) device;

(10) Specific locations of each painted component tested for the presence of lead-based paint;

(11) All results of laboratory analysis of collected paint, dust, and soil samples;

(12) Any other sampling results;

(13) Background information collected regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to at least one child six years of age or less; and

(14) Recommendations, if warranted, for a follow-up lead inspection or risk assessment and, as appropriate, any further actions.

70.6(5) A certified lead inspector or a certified elevated blood lead (EBL) inspector must conduct risk assessments according to the following standards. Beginning on August 1, 1999, risk assessments shall be conducted only by a certified lead inspector or a certified elevated blood lead (EBL) inspector.

a. Background information regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to at least one child six years of age or less shall be collected.

b. A visual inspection for risk assessment shall be undertaken to locate the existence of deteriorated paint and other potential lead hazards and to assess the extent and causes of the paint deterioration.

c. If deteriorated paint is present, each surface with deteriorated paint which is determined to have a distinct painting history must be tested for the presence of lead.

d. Accessible, friction, and impact surfaces having a distinct painting history shall be tested for the presence of lead.

e. In residential dwellings, dust samples shall be collected from the windowsill, window trough, and floor in all living areas where at least one child is most likely to come in contact with dust. Dust samples may be either composite or single-surface samples.

f. In multifamily dwellings and child-occupied facilities, dust samples shall also be collected from common areas adjacent to the sampled residential dwellings or child-occupied facility and in other common areas where the lead inspector or elevated blood lead (EBL) inspector determines that at least one child aged six or less is likely to come in contact with dust. Dust samples may be either composite or single-surface samples.

g. In child-occupied facilities, dust samples shall be collected from the window well, window trough, and floor in each room, hallway, or stairwell utilized by one or more children, six years of age or less, and in other common areas where the lead inspector or elevated blood lead (EBL) inspector determines that at least one child six years of age or less is likely to come in contact with dust. Dust samples may be either composite or single-surface samples.

h. Soil samples shall be collected in exterior play areas and drip line/foundation areas where bare soil is present.

i. Dust samples, soil, and paint samples shall be collected using the documented methodologies specified in the Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (1995, U.S. Department of Housing and Urban Development). Dust and soil samples shall be analyzed by a recognized laboratory to determine the level of lead.

j. Paint shall be sampled using adequate quality control by x-ray fluorescence or by laboratory analysis using a recognized laboratory to determine the presence of lead-based paint on a surface.

k. A certified lead inspector or a certified elevated blood lead (EBL) inspector shall prepare a written report for each residential dwelling or child-occupied facility where a risk assessment is conducted and shall provide a copy of the report to the person requesting the risk assessment. A certified lead inspector or a certified elevated blood lead (EBL) inspector shall maintain a copy of the report for no fewer than three years. The report shall include, at least:

(1) Date of each risk assessment;

(2) Address of building;

(3) Date of construction;

(4) Apartment numbers (if applicable);

(5) The name, address, and telephone number of the owner or owners of each residential dwelling or child-occupied facility;

(6) Name, signature, and certification number of each certified inspector conducting the investigation;

(7) Name, address, and telephone number of each recognized laboratory conducting an analysis of collected samples;

(8) Results of the visual inspection;

(9) Each testing method and device and sampling procedure employed for paint analysis, including quality control data and, if used, the serial number of any x-ray fluorescence (XRF) device;

(10) Specific locations of each painted component tested for the presence of lead-based paint;

(11) All results of laboratory analysis of collected paint, dust, and soil samples;

(12) Any other sampling results;

(13) Background information collected regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to at least one child six years of age or less;

(14) To the extent that they are used as part of the lead-based paint hazard determination, the results of any previous inspections or analyses for the presence of lead-based paint, or other assessments of lead-based paint hazards;

(15) A description of the location, type, and severity of identified lead-based paint hazards, and any other potential lead hazards; and

(16) A description of interim controls and abatement options for each identified lead-based paint hazard and a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure.

70.6(4) 70.6(6) A certified lead abatement contractor shall ensure that lead abatement is conducted according to all federal, state, and local requirements and must: A certified lead abatement contractor or lead abatement worker must conduct lead abatement according to the following standards and must utilize only certified lead abatement workers. Beginning on August 1, 1999, lead abatement shall be conducted only by a certified lead abatement contractor or a certified lead abatement worker.

a. Be A certified lead abatement contractor must be on site during all work site preparation and during the postabatement cleanup of work areas. At all other times when lead abatement is being conducted, the certified lead abatement contractor shall be on site or available by telephone, pager, or answering service, and be able to be present at the work site in no more than two hours.

b. Utilize certified abatement workers to conduct lead abatement.

b. A certified lead abatement contractor shall ensure that lead abatement is conducted according to all federal, state, and local requirements.

c. Notify A certified lead abatement contractor shall notify the Iowa department of public health at least seven days prior to the commencement of lead abatement in a residential dwelling or child-occupied facility.

d. Develop A certified lead abatement contractor shall develop an occupant protection plan for all lead abatement projects prior to starting lead abatement and shall implement the occupant protection plan during the lead abatement project. The occupant protection plan shall be unique to each residential dwelling or child-occupied facility. The occupant protection plan shall describe the measures and management procedures that will be taken during the abatement to protect the building occupants from exposure to any lead-based paint hazards.

e. Ensure that approved Approved methods are must be used to conduct lead abatement and that prohibited work practices are must not be used to conduct lead abatement. The following are prohibited work practices:

(1) Open-flame burning or torching of lead-based paint.

(2) Machine sanding or grinding or abrasive blasting or sandblasting of lead-based paint unless used with High Efficiency Particulate Air (HEPA) exhaust control that removes particles of 0.3 microns or larger from the air at 99.97 percent or greater efficiency.

(3) Uncontained water blasting of lead-based paint.

(4) Dry scraping or dry sanding of lead-based paint except in conjunction with the use of a heat gun or around electrical outlets.

(5) Operating a heat gun at a temperature at or above 1100 degrees Fahrenheit.

f. Ensure that approved methods are used to conduct soil abatement. Soil abatement shall be conducted using one of the following methods:

(1) If soil is removed, the lead-contaminated soil shall be replaced with soil that is not lead-contaminated.

(2) If soil is not removed, the lead-contaminated soil shall be permanently covered.

g. Ensure that postabatement Postabatement clearance procedures are shall be conducted by a certified lead inspector. or a certified elevated blood lead (EBL) inspector using the following procedures:

(1) Following an abatement, a visual inspection shall be performed to determine if deteriorated paint surfaces or visible amounts of dust, debris, or residue are still present. If deteriorated paint surfaces or visible amounts of dust, debris, or residue are present, these conditions must be eliminated prior to the continuation of the clearance procedures.

(2) Following the visual inspection and any required postabatement cleanup, clearance sampling for lead-contaminated dust shall be conducted. Clearance sampling may be conducted by employing single-surface sampling or composite dust sampling.

(3) Dust samples shall be collected a minimum of one hour after the completion of final postabatement cleanup activities.

(4) Dust samples shall be collected using the documented methodologies specified in the Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (1995, U.S. Department of Housing and Urban Development). Dust samples shall be analyzed by a recognized laboratory to determine the level of lead.

(5) The following postabatement clearance activities shall be conducted as appropriate based upon the extent or manner of abatement activities conducted in the residential dwelling or child-occupied facility:

1. After conducting an abatement with containment between abated and unabated areas, one dust sample shall be taken from one windowsill and window trough (if available) and one dust sample shall be taken from the floor of no fewer than four rooms, hallways, or stairwells within the containment area. In addition, one dust sample shall be taken from the floor outside the containment area. If there are fewer than four rooms, hallways, or stairwells within the containment area, then all rooms, hallways, and stairwells shall be sampled.

2. After conducting an abatement with no containment, two dust samples shall be taken from no fewer than four rooms, hallways, or stairwells in the residential dwelling or child-occupied facility. One dust sample shall be taken from one windowsill and window trough (if available) and one dust sample shall be taken from the floor of each room, hallway, or stairwell selected. If there are fewer than four rooms, hallways, or stairwells within the containment area, then all rooms, hallways, and stairwells shall be sampled.

3. Following an exterior abatement, a visual inspection shall be conducted. All horizontal surfaces in the outdoor living area closest to the abated surface shall be found to be cleaned of visible dust and debris. In addition, a visual inspection shall be conducted to determine the presence of paint chips on the drip line or next to the foundation below any exterior surface abated. If visible dust, debris, or paint chips are present, they must be removed from the site and properly disposed of according to all applicable federal, state, and local standards.

(6) The rooms, hallways, and stairwells selected for sampling shall be selected using the documented methodologies specified in the Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (1995, U.S. Department of Housing and Urban Development).

(7) The certified lead inspector or certified elevated blood lead (EBL) inspector shall compare the residual lead level as determined by the laboratory analysis from each dust sample with applicable clearance levels for lead in dust on floors and window troughs. If the residual lead levels in a dust sample exceed the clearance levels, then all the components represented by the failed dust sample shall be recleaned and retested until clearance levels are met.

h. In a multifamily dwelling with similarly constructed and maintained residential dwellings, random sampling for the purpose of clearance may be conducted if the following conditions are met:

(1) The certified lead abatement contractors and certified lead abatement workers who abate or clean the dwellings do not know which residential dwellings will be selected for the random sampling.

(2) A sufficient number of residential dwellings are selected for dust sampling to provide a 95 percent level of confidence that no more than 5 percent or 50 of the residential dwellings (whichever is smaller) in the randomly sampled population exceed the appropriate clearance levels.

(3) The randomly selected residential dwellings shall be sampled and evaluated for clearance according to the procedures found in paragraph 70.6(6)"g."

h i. Prepare The certified lead abatement contractor shall prepare an abatement report containing the following information:

(1) Starting and completion dates of the lead abatement project.

(2) The name and address of each certified lead abatement contractor and certified lead abatement worker conducting the abatement.

(3) The occupant protection plan required by 641-- 70.6(4)"d." 70.6(6)"d."

(4) The name, address, and signature of each certified lead inspector or certified elevated blood lead (EBL) inspector conducting clearance sampling, The the date on which the clearance testing was conducted, and the results of all postabatement clearance testing and all soil analyses, if applicable.

(5) The name and address of each laboratory that conducted the analysis of clearance samples and soil samples.

(6) The name, address, and signature of each certified lead inspector conducting clearance testing.

(7) (6) A detailed written description of the lead abatement project, including lead abatement methods used, locations of rooms and components where lead abatement occurred, reasons for selecting particular lead abatement methods, and any suggested monitoring of encapsulants or enclosures.

(8) (7) Maintain all reports and plans required in this subrule for a minimum of three years.

(9) (8) Provide a copy of all reports required by this subrule to the building owner who contracted for the lead abatement.

70.6(5) A certified lead abatement worker shall conduct lead abatement according to all federal, state, and local requirements and must:

a. Follow the provisions of the occupant protection plan for all lead abatement projects.

b. Use approved methods to conduct lead abatement. The following are prohibited work practices:

(1) Open-flame burning or torching of lead-based paint.

(2) Machine sanding or grinding or abrasive blasting or sandblasting of lead-based paint unless used with High Efficiency Particulate Air (HEPA) exhaust control that removes particles of 0.3 microns or larger from the air at 99.97 percent or greater efficiency.

(3) Uncontained water blasting of lead-based paint.

(4) Dry scraping or dry sanding of lead-based paint except in conjunction with the use of a heat gun or around electrical outlets.

(5) Operating a heat gun at a temperature at or above 1100 degrees Fahrenheit.

c. Use approved methods to conduct soil abatement.

70.6(6) A certified visual risk assessor shall maintaina written record for each residential dwelling or child-occupied facility inspected for no fewer than three years. The inspection record shall include, at least:

a. Date of each visual assessment;

b. Address of building;

c. Date of construction;

d. Apartment numbers (if applicable);

e. The name, address and telephone number of the owner or owners of each residential dwelling or child-occupied facility;

f. Name, signature, and certification number of each certified visual assessor conducting the investigation;

g. Name, address, and telephone number of each laboratory conducting an analysis of collected samples;

h. Each testing method and device and sampling procedure employed for paint analysis, including quality control data and, if used, the serial number of any x-ray fluorescence (XRF) device;

i. Specific locations of painted components identified as likely to contain lead-based paint and likely to be lead-based paint hazards; and

j. Information for the owner and occupants on how toreduce lead hazards in the residential dwelling or child-occupied facility.

70.6(7) A certified lead inspector, a certified elevated blood lead (EBL) inspector, or a certified visual risk assessor must conduct visual risk assessments according to the following standards. Beginning on August 1, 1999, visual risk assessments shall be conducted only by a certified lead inspector, a certified elevated blood lead (EBL) inspector, or a certified visual risk assessor.

a. Background information regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to at least one child six years of age or less shall be collected.

b. A visual inspection for risk assessment shall be undertaken to locate the existence of deteriorated paint and other potential lead hazards and to assess the extent and causes of the paint deterioration.

c. A certified lead inspector, a certified elevated blood lead (EBL) inspector, or a certified visual risk assessor shall prepare a written report for each residential dwelling or child-occupied facility where a visual risk assessment is conducted and shall provide a copy of the report to the person requesting the visual risk assessment. A certified lead inspector, a certified elevated blood lead (EBL) inspector, or a certified visual risk assessor shall maintain a copy of the report for no fewer than three years. The report shall include, at least:

(1) Date of each visual risk assessment;

(2) Address of building;

(3) Date of construction;

(4) Apartment numbers (if applicable);

(5) The name, address, and telephone number of the owner or owners of each residential dwelling or child-occupied facility;

(6) Name, signature, and certification number of each certified visual assessor conducting the visual risk assessment;

(7) Specific locations of painted components identified as likely to contain lead-based paint and likely to be lead-based paint hazards; and

(8) Information for the owner and occupants on how to reduce lead hazards in the residential dwelling or child-occupied facility.

70.6(7) 70.6(8) A certified elevated blood lead (EBL) inspection agency shall maintain the written records for all elevated blood lead (EBL) inspections conducted by persons that the agency employs or contracts with to provide elevated blood lead (EBL) inspections in the agency's service area.

70.6(8) 70.6(9) A person may be certified as a lead inspector, visual risk assessor, or elevated blood lead (EBL) inspector and as a lead abatement contractor or lead abatement worker. However, a person who is certified both as a lead inspector, visual risk assessor, or elevated blood lead (EBL) inspector and as a lead abatement contractor or lead abatement worker shall not provide both lead inspection or visual risk assessment and lead abatement services at the same site unless a written consent or waiver, following full disclosure by the person, is obtained from the owner or manager of the site.

70.6(10) Any paint chip, dust, or soil samples collected pursuant to the work practice standards contained in this section shall be collected by persons certified as a lead inspector or an elevated blood lead (EBL) inspector. These samples shall be analyzed by a recognized laboratory.

70.6(11) Composite dust sampling shall be conducted only in the situations specified in subrules 70.6(4), 70.6(5), and 70.6(6). If composite sampling is conducted, it shall meet the following requirements:

a. Composite dust samples shall consist of at least two subsamples.

b. Every component that is being tested shall be included in the sampling.

c. Composite dust samples shall not consist of subsamples from more than one type of component.

641--70.7(135) Quality assurance of work done by certified lead professionals.

70.7(1) An authorized representative of the department may review written records of work done by certified lead professionals during normal business hours.

70.7(2) An authorized representative of the department may accompany a certified lead inspector or certified visual risk assessor on a lead inspection or visual risk assessment during normal business hours and may visit sites where certified lead abatement contractors and certified lead abatement workers are conducting lead abatement during normal business hours.

641--70.7(135) Enforcement.

70.7(1) The department may enter premises or facilities where violations of the provisions regarding lead-based paint activities may occur for the purpose of conducting inspections.

70.7(2) The department may enter premises or facilities where training programs conduct business.

70.7(3) The department may take samples and review rec-ords as part of the lead-based paint activities inspection process.

70.7(4) The following are considered to be in violation of this chapter:

a. Failure or refusal to comply with any requirements of 641--70.3(135) to 641--70.6(135).

b. Failure or refusal to establish, maintain, provide, copy, or permit access to records or reports as required by 641--70.3(135) to 641--70.6(135).

c. Failure or refusal to permit entry or inspection as described in subrules 70.7(1) to 70.7(3).

d. Obtaining certification through fraudulent representation.

e. Failing to obtain certification from the department and performing work requiring certification at a job site.

f. Fraudulently obtaining certification and engaging in any lead-based paint activities requiring certification.

g. Violators are subject to civil penalties pursuant to Iowa Code section 135.105A.

641--70.8(135) Denial, suspension or revocation of certification and denial, or suspension, revocation, or modification of course approval.

70.8(1) The department may deny an application for certification, or may suspend or revoke a certification, when it finds that the applicant or certified lead professional has committed any of the following acts:

a. Negligence or incompetence in the performance of a lead inspection, a visual risk assessment, or lead abatement.

b. Fraud in obtaining certification.

c. Falsification of the inspection records required by rule 70.6(135).

a. Obtained documentation of training through fraudulent means.

b. Gained admission to and completed an accredited training program through misrepresentation of admission requirements.

c. Obtained certification through misrepresentation of certification requirements or related documents dealing with education, training, professional registration, or experience.

d. Performed work requiring certification at a job site without having proof of certification.

e. Permitted the duplication or use of the individual's own certificate by another.

f. Performed work for which certification is required, but for which appropriate certification has not been received.

d g. Failure Failed to follow the standards of conduct required by rule 70.6(135).

h. Failed to comply with federal, state, or local lead-based paint statutes and regulations.

70.8(2) The department may deny, suspend, or revoke, or modify the approval for a course when it finds that the training program, training manager, or other person with supervisory authority over the course has:

a. Falsification of the information required to be submitted by rule 70.4(135).

b. The course did not comply with the course content required by rule 70.4(135).

a. Misrepresented the contents of a training course to the department or to the student population.

b. Failed to submit required information or notifications in a timely manner.

c. Failed to maintain required records.

d. Falsified approval records, instructor qualifications, or other information or documentation related to course approval.

e. Failed to comply with the training standards and requirements in 641--70.4(135).

f. Made false or misleading statements to the department in its application for approval or reapproval which the department relied upon in approving the application.

70.8(3) Complaints. Complaints regarding a certified lead professional or an approved course shall be submitted in writing to Iowa Department of Public Health, Lead Poisoning Prevention Program, 321 East 12th Street, Des Moines, Iowa 50319-0075. The complainant shall provide:

a. The name of the certified lead professional and the specific details of the action(s) by the certified lead professional that did not comply with the rules, or

b. The name of the sponsoring person or organization of an approved course and the specific way(s) that an approved course did not comply with the rules.

70.8(4) Appeals.

a. Notice of denial, suspension or revocation of certification, or denial, or suspension, revocation, or modification of course approval shall be sent to the affected individual or organization by restricted certified mail, return receipt requested, or by personal service. The affected individual or organization shall have a right to appeal the denial, suspension or revocation.

b. An appeal of a denial, suspension or revocation shall be submitted by certified mail, return receipt requested, within 30 days of the receipt of the department's notice to the Iowa Department of Public Health, Lead Poisoning Prevention Program, 321 East 12th Street, Des Moines, Iowa 50319-0075. If such a request is made within the 30-day time period, the notice of denial, suspension or revocation shall be deemed to be suspended. Prior to or at the hearing, the department may rescind the notice upon satisfaction that the reason for the denial, suspension or revocation has been or will be removed. After the hearing, or upon default of the applicant or alleged violator, the administrative law judge shall affirm, modify or set aside the denial, suspension or revocation. If no appeal is submitted within 30 days, the denial, suspension or revocation shall become the department's final agency action.

c. Upon receipt of an appeal that meets contested case status, the appeal shall be transmitted to the department of inspections and appeals within five working days of receipt pursuant to the rules adopted by that agency regarding the transmission of contested cases. The information upon which the denial, suspension or revocation is based shall be provided to the department of inspections and appeals.

d. The hearing shall be conducted according to the procedural rules of the department of inspections and appeals found in 481--Chapter 10, Iowa Administrative Code.

e. When the administrative law judge makes a proposed decision and order, it shall be served by restricted certified mail, return receipt requested, or delivered by personal service. The proposed decision and order then becomes the department's final agency action without further proceedings ten days after it is received by the aggrieved party unless an appeal to the director is taken as provided in paragraph 70.8(4)"f."

f. Any appeal to the director for review of the proposed decision and order of the administrative law judge shall be filed in writing and mailed to the director by certified mail, return receipt requested, or delivered by personal service within ten days after the receipt of the administrative law judge's proposed decision and order by the aggrieved party. A copy of the appeal shall also be mailed to the administrative law judge. Any request for appeal shall state the reason for appeal.

g. Upon receipt of an appeal request, the administrative law judge shall prepare the record of the hearing or submission to the director. The record shall include the following:

(1) All pleadings, motions, and rulings.

(2) All evidence received or considered and all other submissions by recording or transcript.

(3) A statement of all matters officially noticed.

(4) All questions and offers of proof, objection, and rulings thereon.

(5) All proposed findings and exceptions.

(6) The proposed findings and order of the administrative law judge.

h. The decision and order of the director becomes the department's final agency action upon receipt by the aggrieved party and shall be delivered by restricted certified mail, return receipt requested, or by personal service.

i. It is not necessary to file an application for a rehearing to exhaust administrative remedies when appealing to the director or the district court as provided in Iowa Code section 17A.19. The aggrieved party to the final agency action of the department who has exhausted all administrative remedies may petition for judicial review of that action pursuant to Iowa Code chapter 17A.

j. Any petition for judicial review of a decision and order shall be filed in the district court within 30 days after the decision and order becomes final. A copy of the notice of appeal shall be sent to the department by certified mail, return receipt requested, or by personal service to the Iowa Department of Public Health, Lead Poisoning Prevention Program, 321 East 12th Street, Des Moines, Iowa 50319-0075.

k. The party who appeals a final agency action to the district court shall pay the cost of the preparation of a transcript of the contested case hearing for the district court.

70.8(5) Public notification.

a. The public shall be notified of the suspension, revocation, modification, or reinstatement of course approval through appropriate mechanisms.

b. The department shall maintain a list of courses for which the approval has been suspended, revoked, modified, or reinstated.

These rules are intended to implement Iowa Code section 135.105A.

ARC 7604A

PUBLIC HEALTH DEPARTMENT[641]

Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code [omega]17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under
[omega]17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 147A.4 and section 321.34 as amended by 1997 Iowa Acts, House File 704, section 8, the Iowa Department of Public Health hereby gives Notice of Intended Action to adopt Chapter 141, "Love Our Kids Grant," Iowa Administrative Code.

1997 Iowa Acts, House File 704, section 8, created "love our kids" license plates that may be issued by the Iowa Department of Transportation. Revenues collected from the love our kids plates are deposited with the Iowa Department of Public Health. The proposed rules establish guidelines for the distribution of those funds.

The Iowa Department of Public Health will hold a public hearing over the Iowa Communications Network (ICN) on Tuesday, November 18, 1997, from 1 to 2 p.m. Sites participating in the ICN broadcast include:

National Guard Armory, 1712 LeClark Road, Carroll, Iowa;

National Guard Armory, 1000 Walnut Street, Mt. Pleasant, Iowa;

Mason City National Guard Armory, 1160 Tenth Street SW, Mason City, Iowa;

Lucas State Office Building, Third Floor ICN Room, 321 East Twelfth Street, Des Moines, Iowa (origination site);

Iowa Braille and Sight Saving School, 1002 G Avenue, Vinton, Iowa;

National Guard Armory, 11 East 23rd Street, Spencer, Iowa.

Any oral or written comments must be received on or before November 11, 1997. Comments should be addressed to Gary Ireland, EMS Bureau Chief, Iowa Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075.

These rules are intended to implement Iowa Code section 147A.4 and section 321.34 as amended by 1997 Iowa Acts, House File 704, section 8.

The following new chapter is proposed.

Adopt 641--Chapter 141 as follows:

CHAPTER 141

LOVE OUR KIDS GRANT

641--141.1(321) Definitions. For the purpose of these rules, the following definitions shall apply:

"Applicant" means an individual, organization, or entity who has as its responsibility the development, promotion, and implementation of injury prevention and education initiatives for children and who has submitted an application for a love our kids grant.

"Competitive grant" means the competitive grant application process to determine the grant award for a project period.

"Continuous grant" means the subsequent grant years within a project period following a competitive grant process.

"Department" means the Iowa department of public health.

"Director" means the director of the Iowa department of public health.

"Fiscal year" means the 12-month period beginning July 1 and ending June 30.

"Project period" means the period of time which the department intends to support the project without requiring the recompetition for funds. The project period is specified within the grant application period and may extend to three years.

"RFP" means request for proposal.

"Service delivery area" means the defined geographic area for delivery of project services. Competitive applications shall not fragment existing integrated service delivery within the defined geographic area.

"Service program" means any 24-hour emergency medical care ambulance service, or nontransport service that has received authorization by the department.

641--141.2(321) Purpose. The purpose of the love our kids grant is to provide competitive grant funding to statewide, regional and local agencies and service programs who have as their responsibility the development, promotion, and implementation of injury prevention and education initiatives for children in Iowa.

641--141.3(321) Funding limitations. Grants awarded under this program shall be subject to the guidelines within the RFP and the following, including but not limited to:

141.3(1) Up to 10 percent of the funds generated by this program may be retained by the department for program management.

141.3(2) Following disbursement of the funds pursuant to subrule 141.3(1), 50 percent of the remaining funds may be made available to a single statewide private not-for-profit organization in an agricultural environment whose primary responsibility is the development, promotion, and implementation of injury prevention and education initiatives for farm/agricultural-related safety programs for children.

141.3(3) Following the disbursement of the funds pursuant to subrule 141.3(1), 50 percent of the remaining funds may be made available to statewide, regional and local agencies or service programs who have as their responsibility the development, promotion, and implementation of injury prevention and education initiatives for children.

141.3(4) Expenditures occurring prior to the project period are not eligible for reimbursement.

141.3(5) Continuous grant awards shall be subject to the availability of funds.

641--141.4(321) Use of funds. Funds may be used for injury prevention initiatives specified within the RFP guidelines for children aged birth to 21 including but not limited to:

1. Education and materials;

2. Training materials and equipment;

3. Safety equipment;

4. Public information and education campaigns;

5. Conferences/seminars/workshops;

6. Systems development;

7. Contractual services;

8. Personnel costs.

641--141.5(321) Application process. An application for a love our kids grant is required and available from the Iowa Department of Public Health, Bureau of EMS, Lucas State Office Building, Des Moines, Iowa 50319-0075. The application process is as follows:

141.5(1) Applications from qualified applicants shall be submitted within the request for proposal (RFP) guidelines established by the department.

141.5(2) The department shall review the application, and may approve, partially approve, request clarification or request a new application.

641--141.6(321) Application denial or partial denial--appeal.

141.6(1) Denial or partial denial of an application shall be effected in accordance with the requirements of Iowa Code section 17A.12. Notice to the applicant of denial or partial denial shall be served by restricted certified mail, return receipt requested, or by personal service.

141.6(2) Any request for appeal concerning denial or partial denial shall be submitted by the aggrieved party in writing to the department by certified mail, return receipt requested, within 30 days of the receipt of the department's notice. The address is Iowa Department of Public Health, Bureau of Emergency Medical Services, Lucas State Office Building, Des Moines, Iowa 50319-0075. Prior to or at the hearing, the department may rescind the denial or partial denial. If no request for appeal is received within the 30-day time period, the department's notice of denial or partial denial shall become the department's final agency action.

141.6(3) Upon receipt of an appeal that meets contested case status, the appeal shall be forwarded within five working days to the department of inspections and appeals pursuant to the rules adopted by that agency regarding the transmission of contested cases. The information upon which the adverse action is based and any additional information which may be provided by the aggrieved party shall also be provided to the department of inspections and appeals.

141.6(4) The hearing shall be conducted according to the procedural rules of the department of inspections and appeals found in 481--Chapter 4, Iowa Administrative Code.

141.6(5) When the hearing officer makes a proposed decision and order, it shall be served by restricted certified mail, return receipt requested, or delivered by personal service. That proposed decision and order then becomes the department's final agency action without further proceedings ten days after it is received by the aggrieved party unless an appeal to the director is taken as provided in subrule 141.6(6).

141.6(6) Any appeal to the director for review of the proposed decision and order of the administrative law judge shall be filed in writing and mailed to the director by certified mail, return receipt requested, or delivered by personal service within ten days after the receipt of the administrative law judge's proposed decision and order by the aggrieved party. A copy of the appeal shall also be mailed to the administrative law judge. Any request for an appeal shall state the reason for appeal.

141.6(7) Upon receipt of an appeal request, the administrative law judge shall prepare the record of the hearing for submission to the director. The record shall include the following:

a. All pleadings, motions, and rules.

b. All evidence received or considered and all other submissions by recording or transcript.

c. A statement of all matters officially noticed.

d. All questions and offers of proof, objections and rulings on them.

e. All proposed findings and exceptions.

f. The proposed decision and order of the administrative law judge.

141.6(8) The decision and order of the director becomes the department's final agency action upon receipt by the aggrieved party and shall be delivered by restricted certified mail, return receipt requested, or by personal service.

141.6(9) It is not necessary to file an application for a rehearing to exhaust administrative remedies when appealing to the director or the district court as provided in Iowa Code section 17A.19. The aggrieved party to the final agency action of the department who has exhausted all administrative remedies may petition for judicial review of that action pursuant to Iowa Code chapter 17A.

141.6(10) Any petition for judicial review of a decision and order shall be filed in the district court within 30 days after the decision and order becomes final. A copy of the notice of appeal shall be sent to the department by certified mail, return receipt requested, or by personal service. The address is Iowa Department of Public Health, Bureau of Emergency Medical Services, Lucas State Office Building, Des Moines, Iowa 50319-0075.

141.6(11) The party who appeals a final agency action to the district court shall pay the cost of the preparation of a transcript of the contested case hearing for the district court.

ARC 7609A

PUBLIC SAFETY DEPARTMENT[661]

Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code [omega]17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under
[omega]17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 103A.7, the Building Code Commissioner hereby gives Notice of Intended Action to amend Chapter 16, "State of Iowa Building Code," Iowa Administrative Code, subject to the approval of the Building Code Advisory Council.

The Building Code Commissioner has received a petition for rule making, requesting an amendment to Chapter 16. The petition requests that rule 661--16.626(103A), intro-ductory paragraph, be amended by striking EXCEPTION 2. The rule provides that manufactured homes installed in Iowa shall be installed with support and anchorage as recommended by the manufacturer and required by applicable federal standards. EXCEPTION 2 allows local jurisdictions to adopt a stricter standard, requiring that manufactured homes be installed with permanent foundations. The petition requesting that EXCEPTION 2 be deleted from the rule points out that the exception appears to be in conflict with Iowa Code section 130A.10, paragraph 3, which states thatfactory-built structures approved by the Building Code Commissioner are deemed to comply with building code requirements and exempt from any additional local building regulations.

The Building Code Commissioner is issuing this Notice of Intended Action with the intention of proceeding with rule making as requested in the petition, subject to the approval of the Building Code Advisory Council.

A public hearing regarding this amendment will be held by the Building Code Advisory Council on November 20, 1997, at 10:30 a.m., in the Leavitt Room at the Des Moines Botanical Center, 909 East River Drive, Des Moines, Iowa 50316. Persons may present their views concerning this amendment at the public hearing orally or in writing. Persons who wish to make oral presentations at the hearing should contact the Building Code Bureau, Fire Marshal Division, Iowa Department of Public Safety, 621 East 2nd Street, Des Moines, Iowa 50309-1831; or by telephone at (515)281-5132 at least one day prior to the hearing. Any interested persons may make oral or written comments concerning this proposed amendment to the Building Code Bureau by mail, telephone, or in person at the above addressat least one day prior to the public hearing. Commentsmay also be submitted by electronic mail via the Internet to admrule@dps.state.ia.us at least one day prior to the public hearing.

This amendment is intended to implement Iowa Code section 103A.7.

The following amendment is proposed.

Amend rule 661--16.626(103A), introductory paragraph, by striking EXCEPTION 2.

ARC 7601A

SOIL CONSERVATION DIVISION[27]

Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code [omega]17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under
[omega]17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 161A.4(1), the Division of Soil Conservation gives Notice of Intended Action to adopt Chapter 30, "Agricultural Drainage Wells--Alternative Drainage System Assistance Program," Iowa Administrative Code.

These rules are being proposed to implement 1997 Iowa Acts, Senate File 473, and House File 733, section 16, which provide financial assistance to landowners in closing certain agricultural drainage wells and developing alternative drainage outlets to surface watercourses.

These rules establish the procedures and eligibility criteria for landowners to participate in and receive financial assistance from the Agricultural Drainage Wells--Alternative Drainage System Assistance Program established in 1997 Iowa Acts, Senate File 473, and House File 733, section 16. The alternative drainage system projects financially assisted through the program will be developed on a watershed basis through the establishment of drainage district outlet improvements under Iowa Code chapter 468. Applications for financial assistance will be submitted to the Division by the affected drainage districts. The Division will allocate funds to eligible watershed projects. Financial assistance under the program will be distributed by the drainage districts to reduce the assessments to eligible landowners under the adopted classifications of the districts. Financial assistance funds will be distributed in accordance with 28E agreements between the drainage districts and the Division.

Provisions of 1997 Iowa Acts, Senate File 473, and House File 733, section 16, and these proposed rules deal with concerns about the use of agricultural drainage wells that were also addressed in the 1987 Iowa Groundwater Protection Act. Pursuant to that Act, the Iowa Department of Agriculture and Land Stewardship has conducted research and demonstration projects since 1989 in cooperation with Iowa State University and other agencies to address concerns about contamination of groundwater through the use of agricultural drainage wells. The findings of those project studies support the dual approach of closure of certain agricultural drainage wells and utilization of specific management practices to minimize groundwater contamination from the remaining wells, as set forth in 1997 Iowa Acts, Senate File 473.

Any interested person may submit written suggestions or comments on the rules proposed in this Notice of Intended Action. Such written materials should be directed to James Gulliford, Administrator, Division of Soil Conservation, Iowa Department of Agriculture and Land Stewardship, Wallace State Office Building, Des Moines, Iowa 50319, and must be received by the Division no later than 4:30 p.m., Friday, November 14, 1997. To telephone comments, contact the Division at (515)281-5851 or fax (515)281-6170.

Interested persons are also invited to attend any of three public hearings scheduled for these proposed rules. Comments at the hearings may be presented either orally or in writing. The length of oral presentations may be limited if necessary to accommodate all who wish to offer comments. Time, date and location of each hearing are as follows:

November 13, 1997 County Extension Meeting Room

10 a.m. Wright County Extension Service

210 First Street SW

Clarion, Iowa

November 13, 1997 Courtroom

1:30 p.m. Pocahontas County Courthouse

Pocahontas, Iowa

November 14, 1997 First Floor Conference Room

10 a.m. Wallace State Office Building

900 East Grand Avenue

Des Moines, Iowa

These rules are intended to implement 1997 Iowa Acts, Senate File 473, and House File 733, section 16.

The following new chapter is proposed:

CHAPTER 30

AGRICULTURAL DRAINAGE WELLS--ALTERNATIVE DRAINAGE

SYSTEM ASSISTANCE PROGRAM

27--30.1 to 30.9 Reserved.

27--30.10(159,161A,455H) Authority and scope. This chapter establishes procedures and standards to be followed by the division of soil conservation, Iowa department of agriculture and land stewardship, in accordance with the policies of the state soil conservation committee in implementing the agricultural drainage wells--alternative drainage system assistance program established by 1997 Iowa Acts, Senate File 473 and House File 733, section 16. This program provides financial assistance for closing agricultural drainage wells and constructing alternative drainage systems that are part of a drainage district. These rules establish the assistance program, provide for the allocation of assistance funds, and establish procedures and standards for eligibility to receive assistance under the program.

27--30.11(159,161A,455H) Rules are severable. If any provision of a rule or subrule or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the rule or subrule which can be given effect without invalid provision or application, and to this end the provisions of these rules or subrules are severable.

27--30.12 to 30.19 Reserved.

27--30.20(159,161A,455H) Definitions. When used in this chapter:

"Agricultural drainage well" means a vertical opening to an aquifer or permeable substratum which is constructed by any means including but not limited to drilling, driving, digging, boring, augering, jetting, washing, or coring, and which is capable of intercepting or receiving surface or subsurface drainage water from land directly or by a drainage system.

"Agricultural drainage well area" means an area of land where surface or subsurface water drains into an agricultural drainage well directly or through a drainage system connecting to the agricultural drainage well.

"Alternative drainage system" means a drainage system constructed as part of a drainage district in order to drain surface or subsurface water from land due to the closing of an agricultural drainage well.

"Designated agricultural drainage well area" means an agricultural drainage well area in which there is located an anaerobic lagoon or earthen manure storage basin required to obtain a construction permit by the department of natural resources.

"Division" means the division of soil conservation of the department of agriculture and land stewardship.

"Drainage district" means a drainage district established pursuant to Iowa Code chapter 468.

"Drainage system" means tile lines, laterals, surface inlets, or other improvements which are constructed to facilitate the drainage of land.

"Earthen storage structure" means an earthen cavity, either covered or uncovered, including but not limited to an anaerobic lagoon or earthen manure storage basin which is used to store manure, sewage, wastewater, industrial waste, or other waste regulated by the department of natural resources, if stored in a liquid or semiliquid state.

"Land" means land which is used or which is suitable for use for any purpose, if the land is located within an agricultural drainage well area which includes land used or suitable for use in farming.

"Noncrop acres" means a land tract as identified in the assessment schedule in the report of the classification commission adopted at public hearing pursuant to Iowa Code sections 468.44 through 468.46 which is not predominantly used for row crop production. Areas used for wetland mitigation shall not be considered in determining predominant land use.

"Watershed area" means the benefited land area of a drainage district.

27--30.21 to 30.29 Reserved.

27--30.30(159,161A,455H) Appropriations. Funds for the agricultural drainage wells -- alternative drainage system assistance program are appropriated to the division of soil conservation, Iowa department of agriculture and land stewardship, beginning July 1, 1997. The following amounts, or so much thereof as is necessary, have been appropriated to the alternative drainage system assistance fund:

1. For the fiscal year beginning July 1, 1997, and ending June 30, 1998: $1,500,000.

2. For the fiscal year beginning July 1, 1998, and ending June 30, 1999: $1,500,000.

Moneys shall be used to provide financial assistance under the program and to defray expenses by the division in administering the program. However, not more than 1 percent of the fund may be used to defray administrative expenses of the division. Moneys which are unobligated at the end of the fiscal year shall not revert but will be available during subsequent fiscal years of the program. Moneys earned as income, including interest, from the fund shall remain in the fund until expended, notwithstanding Iowa Code section 12C.7.

27--30.31(159,161A,455H) Other funds. Funds for the agricultural drainage wells -- alternative drainage system assistance program may be from moneys available to and obtained or accepted by the division or the state soil conservation committee from the United States or private sources for placement in the fund.

27--30.32 to 30.39 Reserved.

27--30.40(159,161A,455H) Allocation of funds. Funds will be allocated by the division for specific agricultural drainage well closure and alternative drainage system improvement projects. Allocations shall be 75 percent of the estimated cost of installing the alternative drainage system improvements as defined by Iowa Code section 468.3, except as limited by the total allocation provision of subrule 30.40(2). Allocations of financial assistance funds will be in accordance with either subrule 30.40(1) or subrule 30.40(2).

30.40(1) Allocation by a priority system based on contamination potential. Funds will be allocated by the division for project applications which meet all program requirements set forth in these rules and both of the following priority criteria:

a. The proposed project provides for closure of agricultural drainage wells in watershed areas which include one or more designated agricultural drainage well area(s), and

b. The proposed alternative drainage system will provide an alternative drainage outlet to allow for closing all agricultural drainage wells in the watershed area.

30.40(2) Allocation for a single drainage improvement project which will allow for the closing of 30 or more agricultural drainage wells. Funds will be allocated by the division for a single drainage improvement project which will provide alternative drainage outlets to allow for the closing of 30 or more agricultural drainage wells constructed by a drainage district established under Iowa Code section 468.22 on or after July 1, 1987, and prior to July 1, 1997, for which a construction contract for the project is successfully let prior to March 1, 1998.

The allocation under this subrule shall not exceed $500,000 for the fiscal year beginning July 1, 1997, and ending June 30, 1998, and $500,000 for the fiscal year beginning July 1, 1998, and ending June 30, 1999, for a total allocation not to exceed $1 million.

30.40(3) Application for fund allocation. Application for fund allocation to a new drainage district shall be submitted to the division by the board of supervisors on behalf of eligible owners of land following receipt of petition to establish a drainage district pursuant to Iowa Code section 468.8 and before the hearing on establishment pursuant to Iowa Code section 468.22. Application for fund allocation to an existing drainage district shall be submitted to the division by the district board on behalf of eligible owners of land prior to the hearing on improvement pursuant to Iowa Code section 468.126. The application for fund allocation shall be in writing and shall identify:

a. Approximate location and boundary of the watershed area served by the proposed project.

b. Approximate watershed drainage area.

c. Expected number of agricultural drainage wells to be closed.

d. Location of any anaerobic lagoon or earthen manure storage basin required to obtain a construction permit by the department of natural resources.

e. Preliminary cost estimate for the alternative drainage system.

f. Anticipated project time line.

g. Anticipated or actual date of establishment of the drainage district under Iowa Code section 468.22.

27--30.41 to 30.49 Reserved.

27--30.50(159,161A,455H) Eligibility. Financial assistance from the program will be limited by the criteria of this rule.

30.50(1) Cost-share rate. Cost-share payments from the fund shall not exceed 75 percent of the estimated cost or 75 percent of the actual cost of the project, whichever is less.

30.50(2) Eligible costs. Project costs eligible for financial assistance cost sharing from the fund are:

a. Construction costs normally incidental to the costs of a drainage district including, but not limited to:

(1) Tile or channel mains.

(2) Laterals.

(3) Associated excavations, backfilling, tile line cradling materials, and junctions.

b. Cost of improvements as defined by Iowa Code section 468.3 including, but not limited to:

(1) Administrative, legal and publication costs.

(2) Classification.

(3) Engineering design, construction inspection and contract administration.

(4) Financing costs.

(5) Damages.

c. Costs of wetland mitigation required under federal law.

d. Costs of connection lines from mains or laterals of the drainage district to the terminus of in-field drains at the existing wellheads of the agricultural drainage wells.

e. Costs of closure and plugging of agricultural drainage wells in accordance with 567 IAC 39, Requirements for Properly Plugging Abandoned Wells, or by an alternative method approved by the department of natural resources.

f. Costs for removal of agricultural drainage well cisterns in accordance with applicable requirements of the department of natural resources.

30.50(3) Project design and construction. The alternative drainage system of the drainage district shall be designed to meet standard engineering practice for drainage district improvements and be approved by the division. Construction shall be in accordance with the design and standard construction practice for drainage district improvements.

30.50(4) Noncrop acres. Noncrop acres within a designated agricultural drainage well area shall not be eligible to benefit from the program.

30.50(5) Eligible persons. A person who owns an interest in land within a designated agricultural drainage well area shall not be eligible to participate in the program, if the person is any of the following:

a. A party to a pending legal or administrative action, including a contested case proceeding under Iowa Code chapter 17A, relating to an alleged violation involving an animal feeding operation as regulated by the department of natural resources, regardless of whether the pending action is brought by the department or the attorney general.

b. Is classified as a habitual violator for a violation of state law involving an animal feeding operation as regulated by the department of natural resources.

30.50(6) Closure of agricultural drainage wells. Closure of an agricultural drainage well owned and located within the watershed area served by the alternative drainage system of the drainage district is required for the landowner to be eligible for financial assistance from the fund.

30.50(7) Compliance with applicable statutes. The alternative drainage system project of the drainage district shall be conducted in compliance with all applicable statutes, rules and requirements.

27--30.51 to 30.59 Reserved.

27--30.60(159,161A,455H) Payment of financial assistance. Financial assistance under the program will be distributed to eligible landowners by the drainage district, under the terms of a 28E agreement between the division and the drainage district.

30.60(1) Distribution to eligible landowners under adopted classification. Funds will be transferred by the division for all eligible costs of the project under the program to the drainage district for distribution to eligible landowners in accordance with the adopted classification of the district. The financial assistance shall be distributed to reduce the actual assessment to eligible landowners under the adopted classification.

30.60(2) Time of payment. Financial assistance funds shall be transferred to the drainage district to reimburse actual expenditures of the district. The fund transfer to the drainage district will be in accordance with the terms of the 28E agreement.

27--30.61 to 30.69 Reserved.

27--30.70(159,161A,455H) Compliance procedures and reviews. This rule establishes procedures for compliance actions taken by the division when it is found that program requirements or funding agreements are not being carried out.

30.70(1) Compliance with program requirements or funding agreements. Upon determination that program requirements or funding agreements have not been complied with, the division shall notify the affected landowners or drainage district of the lack of compliance and establish a schedule for achieving compliance with applicable requirements. In the event compliance is not achieved, no financial assistance from the program shall be provided. If financial assistance payments have previously been made, the division may order the recipient to pay back the division the total amount of the financial assistance payment in accordance with a schedule determined by the division.

30.70(2) Compliance reviews. A landowner or drainage district that has been determined ineligible for financial assistance or has been ordered to pay back to the division financial assistance payments because of lack of compliance with program requirements or funding agreements may seek review of the compliance action taken by the division. The affected landowner or drainage district may address concerns about the compliance action in writing to the director of the division. Upon receipt of such concern, the director shall review the actions taken and shall communicate the findings of the compliance review to the complainant. The director's decision following review of the actions taken shall constitute final agency action for purposes of invoking the judicial review provisions of Iowa Code chapter 17A.

These rules are intended to implement 1997 Iowa Acts, Senate File 473, and House File 733, section 16.

NOTICE--PUBLIC FUNDS INTEREST RATES

In compliance with Iowa Code chapter 74A and section 12C.6, the committee composed of Treasurer of StateMichael L. Fitzgerald, Superintendent of Credit Unions James E. Forney, Superintendent of Banking Michael K. Guttau, and Auditor of State Richard D. Johnson have established today the following rates of interest for public obligations and special assessments. The usury rate for October is 8.25%.

INTEREST RATES FOR PUBLIC
OBLIGATIONS AND ASSESSMENTS
74A.2 Unpaid Warrants Maximum 6.0%

74A.4 Special Assessments Maximum 9.0%

RECOMMENDED for 74A.3 and 74A.7: A rate equal to 75% of the Federal Reserve monthly published indices for U.S. Government securities of comparable maturities.

The rate of interest has been determined by a committee of the state of Iowa to be the minimum interest rate that shall be paid on public funds deposited in approved financial institutions. To be eligible to accept deposits of public funds of the state of Iowa, a financial institution shall demonstrate a commitment to serve the needs of the local community in which it is chartered to do business. These needs include credit services as well as deposit services. All such financial institutions are required to provide the committee with a written description of their commitment to provide credit services in the community. This statement is available for examination by citizens.

New official state interest rates, effective October 10, 1997, setting the minimums that may be paid by Iowa depositories on public funds are listed below.

TIME DEPOSITS
7 - 31 days Minimum 4.60%
32 - 89 days Minimum 4.80%
90 - 179 days Minimum 5.10%
180 - 364 days Minimum 5.10%
One year Minimum 5.20%
Two years or more Minimum 6.20%These are minimum rates only. The one year and less are six-tenths of a percent below average rates. Public body treasurers and their depositories may negotiate a higher rate according to money market rates and conditions.

Inquiries may be sent to Michael L. Fitzgerald, Treasurer of State, State Capitol, Des Moines, Iowa 50319.

ARC 7600A

UTILITIES DIVISION[199]

Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code [omega]17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under
[omega]17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code sections 17A.4, 476.1, 476.2, 478.1, and 478.13, the Utilities Board (Board) gives notice that on September 26, 1997, the Board issued an order in Docket No. RMU-97-11, In re: Electric Franchise Notice, "Order Commencing Rule Making," to consider an amendment to paragraph 11.5(2)"d" concerning the content of public notice and rescind subrule 11.5(8) regarding notice of electric distribution line construction.

The purpose of this rule making is to make the Board's rules consistent with recent amendments to Iowa Code sections 478.1 and 478.13 enacted during the 1997 Regular Session of the Seventy-seventh General Assembly. Iowa Code section 478.1 was amended by eliminating the notice requirement relating to distribution line construction. Thus, the Board is proposing to rescind current subrule 11.5(8) which requires notice be given to affected parties of proposed construction of electric lines capable of operating only at less than 34,500 volts.

The Board is also proposing to modify paragraph 11.5(2)"d" to reflect the amendment to Iowa Code section 478.13 regarding the option for the published notice of countywide franchise extension petitions to contain an offer to provide a current map. Paragraph 11.5(2)"d" will contain a provision for the inclusion of a telephone number and an address through which parties can request a map from the utility at no charge.

Pursuant to Iowa Code section 17A.4(1)"a" and "b," any interested person may file a written statement of position on the proposed amendment no later than November 11, 1997, by filing an original and ten copies in a form substantially complying with 199 IAC 2.2(2). All written statements should clearly state the author's name and address and should make specific reference to this docket. All communications should be directed to the Executive Secretary, Iowa Utilities Board, Lucas State Office Building, Des Moines, Iowa 50319.

An oral presentation is scheduled for November 18, 1997, at 10 a.m. in the Utilities Board's First Floor Hearing Room, Lucas State Office Building, Des Moines, Iowa. Pursuant to 199 IAC 3.7(17A,474), all interested persons may participate in this proceeding. Persons with disabilities requiring assistive services or devices to observe or participate should contact the Utilities Board at (515)281-5256 in advance of the scheduled date to request that appropriate arrangements be made.

These amendments are intended to implement Iowa Code sections 478.1 and 478.13.

The following amendments are proposed.

ITEM 1. Amend paragraph 11.5(2)"d" as follows:

d. When a petition for countywide extension of franchise is filed, the petitioner shall state whether the published notice is to will contain a legal description of the route, or provide information on the location and availability of a map of the route, as provided for in Iowa Code section 478.13 or

will include a telephone number and an address through which parties can request a map from petitioner at no charge. The map content shall be as described in paragraph 11.5(2)"c." A copy of this map shall be filed with the petition.

ITEM 2. Rescind and reserve subrule 11.5(8).

FILED EMERGENCY

ARC 7599A

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Adopted and Filed Emergency After Notice

Pursuant to the authority of Iowa Code sections 159.5(11), 159.6(2), and 163.1(1), the Iowa Department of Agriculture and Land Stewardship adopts the following amendments to Chapter 64, "Infectious and Contagious Diseases," Iowa Administrative Code.

The purpose of the amendments is to (1) add some pertinent definitions, (2) require the owner to assist in testing the swine, (3) allow certain breeding animals to be identified as a group, (4) provide for changes in the movement of animals from herds on cleanup and from herds delinquent in testing, (5) redefine "moved farm-to-farm," (6) state the requirements for relocating swine, (7) require concentration points to report identification applied to slaughter swine, (8) implement vaccination requirements for certain imported feeder swine, (9) provide changes in maintaining monitored feeder pig status, (10) establish rules for the operation of fertility centers, and (11) change some requirements for herd cleanup plans.

Notice of Intended Action was published in the Iowa Administrative Bulletin on August 27, 1997, as ARC 7474A. A public hearing was held on September 16, 1997, from 10 a.m. to 12 noon in the Second Floor Conference Room, Wallace State Office Building, Des Moines, Iowa.

The following comments were received:

1. Iowa Select Farms suggested that the amendment to subrule 64.157(2), paragraph "c," subparagraph (2), be changed by adding "according to the terms of the herd plan" at the end of the subparagraph. This change has been made.

2. The Iowa Pork Producers Association commented in support of the amendments.

The Department of Agriculture and Land Stewardship finds that these amendments confer a benefit on pork producers in Iowa by removing restrictions on the movement of feeder pigs in Iowa.

In addition, the Iowa legislature mandated in 1997 Iowa Acts, Senate File 555, that these amendments be adopted by October 1, 1997. Therefore, these amendments, pursuant to Iowa Code section 17A.5(2)"b"(1), became effective upon filing on October 1, 1997.

These amendments are intended to implement Iowa Code chapters 163 and 166D.

The following amendments are adopted.

ITEM 1. Amend rule 21--64.147(163,166D) by adding the following new definitions in alphabetical order:

"All-in-all-out" means a management system whereby feeder swine are handled in groups kept "separate and apart" from other groups in a production facility. These groups are removed from the production facility with the completely vacated area being cleaned and sanitized prior to the introduction of another group.

"Fertility center" means a premises where breeding swine are maintained for the purposes of the collection of semen, ovum, or other germplasm and for the distribution of semen, ovum, or other germplasm to other swine herds.

"Native Iowa feeder pig" means a feeder pig farrowed in Iowa, and always located in Iowa.

ITEM 2. Amend subrule 64.153(2) as follows:

64.153(2) All producers will permit sufficient swine in their herds to be tested at program expense to determine the health status of the herd at intervals during the course of the program as deemed necessary by the department.

The owner shall confine the swine to be tested in a suitable place and restrain them in a suitable manner so that the proper tests can be applied. If the owner refuses to confine and restrain the swine, after reasonable time the department may employ sufficient help to properly confine and restrain them and the expense of such help shall be paid by the owner.

The swine tested may shall be sufficient in number, and by method of selection, to qualify for the surveillance program required to attain and maintain the program stages according to the most recent "State-Federal-Industry Program Standards" for pseudorabies eradication.

ITEM 3. Amend subrule 64.154(2), paragraphs "a" and "c," as follows:

a. Breeding swine.

(1) Ear tags or tattoos with an alphabetic or numeric system to provide unique identification for each animal.

(2) Ear notches or ear tattoos, if applied according to the standard breed registry system.

(3) Electronic devices, other devices, or marks which, when applied, will permanently and uniquely identify each animal.

(4) Breeding swine qualified to move intrastate without individual tests may move without unique identification of each animal, if they are all identified as a group to the herd of origin by an official premises tattoo.

c. Restricted movement slaughter swine. When the department determines that a majority of herds within a program area have been tested, all herds not tested within 12 months and all infected herds not on an approved herd cleanup plan shall only move swine directly to slaughter or to an approved premises. The department may, until a herd plan is approved and showing progress, require the movement of all slaughter swine by "direct movement," to slaughter only, by a Permit for Movement of Animals which provides a description of the animals, the owner, the consignee, the date of movement, the destination, and the identification or vehicle seal number if applicable. These "restricted movement slaughter swine" Swine moving directly to slaughter or to an approved premises shall be individually identified by approved metal ear tags attached to each swine. applied at the farm of origin. If the consignment is transported directly from the farm of origin to slaughter, the individual ear The identification requirement may be is waived if the consignment of swine is sealed within the transport vehicle at the farm of origin by an official seal available from the department. This seal shall be applied by an accredited veterinar-ian. This seal shall be removed by an accredited veterinarian, USDA official, or department official upon arrival of the consignment at the destination indicated on the Permit for Movement of Animals.

The ear tags shall have an alphanumeric alphabetic or numeric numbering system to provide unique identification with each herd, each lot, or each individual swine. They shall be applied prior to movement and listed on the shipping permit Permit for Movement of Animals. This shipping permit will Permit for Movement of Animals shall be issued and distributed by an accredited veterinarian according to 64.155(8). as follows:

1. Original to accompany shipment.

2. Mail a copy to destination of shipment.

3. Mail a copy to state of destination (USDA VS office).

4. Mail a copy to state of origin (USDA VS office).

5. Veterinarian issuing permit will retain a copy.

ITEM 4. Amend subrule 64.154(4), paragraphs "a" and "b," as follows:

a. Native Iowa feeder pigs moved farm-to-farm within the state are exempt from identification requirements if the owner transferring possession and the person taking possession state on the Certificate of Inspection agree in writing that the feeder pigs will not be commingled with other swine for a period of 30 days. The owner transferring possession shall provide a copy of the agreement to the person taking possession of the feeder pigs.

b. "Moved farm-to-farm" as used in this rule means feeder pigs farrowed and raised in Iowa by a farm owner or operator and sold to another farm owner or operator who agree, by signature on the Certificate of Inspection in writing, not to commingle these pigs for at least 30 days.

Feeder pigs purchased for resale by a pig dealer cannot be moved farm-to-farm, as described in the above paragraph. They must be accompanied by a Certificate of Veterinary Inspection and be identified.

ITEM 5. Amend subrule 64.154(5) as follows:

64.154(5) Swine moved being relocated intrastate without a change of ownership or possession are exempt from health certification, identification requirements, and transportation certification, except as required by Iowa Code chapter 172B, and provided relocation records sufficient to determine the origin, the number relocated, the date relocated, and destination of the relocated swine are available for inspection.

Swine relocated within a herd held on multiple premises are exempted from this health certification, identification requirement, and transportation certification, except as required by Iowa Code chapter 172B and the above record-keeping requirements.

Relocation records, if required, shall be maintained and available for inspection for a minimum of two years.

ITEM 6. Amend subrule 64.154(6) as follows:

64.154(6) This rule should not be construed to implement or affect the identification requirements set down in Iowa Code sections 163.34, 163.35, 163.36, and 163.37. Records of identification applied to slaughter swine at concentration points shall be reported weekly to the department on forms provided by the department.

ITEM 7. Amend subrule 64.155(2) as follows:

64.155(2) Intrastate Certificates of Veterinary Inspection shall be used for the following movements:

a. The farm-to-farm intrastate movement of feeder swine, with a change of ownership, originating from noninfected herds requires approved identification, and noninfected herd identification number, and showing the date of last test included on the certificate a Certificate of Veterinary Inspection. The feeder swine shall be quarantined for 30 days.

b. The farm-to-farm intrastate movement, with a change of ownership, of breeding swine from nonquarantined herds requires approved identification and noninfected herd number, or individual test results and dates tested included on the certificate a Certificate of Veterinary Inspection only. The breeding swine shall be quarantined for 30 days.

c. The concentration points to farm movement of feeder swine originating from noninfected herds requires approved identification and herd identification number and date tested included on the certificate a Certificate of Veterinary Inspection. The feeder swine shall be quarantined for 30 days.

d. The concentration point to farm intrastate movement of noninfected breeding swine from nonquarantined herds requires approved identification and noninfected herd number or individual test results and dates tested included on the certificate a Certificate of Veterinary Inspection. The breeding swine shall be quarantined for 30 days.

e. The farm to an approved premises or from a concentration point to an approved premises movement of feeding sows and boars feeder swine requires approved identification and approved premises number to be included on the certificate a Certificate of Veterinary Inspection. A statement, "Quarantined until slaughter," shall be included on the certificate Certificate of Veterinary Inspection.

f. Movement of exhibition swine to an exhibition when a certificate is required must be with a Certificate of Veterinary Inspection.

ITEM 8. Amend subrule 64.155(4) as follows:

64.155(4) A Farm-to-Farm Certificate of Veterinary Inspection, a transportation certificate according to Iowa Code chapter 172B, or an Intrastate Certificate of Veterinary Inspection, shall be used for moving identification-exempt native Iowa feeder pigs farm-to-farm according to 64.154(4)"b." Feeder swine purchased for resale by a pig dealer must be identified and accompanied by a Certificate of Inspection.

The statement, "These pigs will not be commingled with other swine for 30 days," must be added to the Intrastate Certificate of Veterinary Inspection and completed according to 64.154(4)"b."

ITEM 9. Amend subrule 64.155(5) by adding new paragraph "d" as follows:

d. Beginning January 1, 1998, all imported feeder swine, except those from qualified negative herds, must be vaccinated for pseudorabies with a G1 deleted vaccine within 45 days of arrival if imported into a county with a pseudorabies prevalence greater than 3 percent. This requirement must be stated on the import interstate certificate. Imported swine consigned directly to slaughter are exempt from vaccination requirements.

ITEM 10. Rescind and reserve subrule 64.155(8).

ITEM 11. Amend subrule 64.156(2), paragraph "e," as follows:

e. Monitored, or higher, status feeder pigs moved to a facility not within the vicinity of the herd of origin and unexposed to lesser status swine sold may regain, and maintain, monitored status by a negative test of all or a random sample of 30 head of each segregated group, whichever is less, within 30 days prior to sale resale or movement.

ITEM 12. Amend rule 21--64.156(166D) by adding the following new subrule:

64.156(6) Fertility centers. Breeding swine in a fertility center shall attain a "noninfected herd" status by an initial negative test of all breeding swine in the center. This status shall be maintained by a monthly negative test of a random sample of five head or 10 percent, whichever is greater, of the swine at the center. All additions of swine to the fertility center must originate from a "noninfected" herd, must be placed in isolation for 30 days or more, and must be tested negative for pseudorabies 20 days or more after being isolated.

a. Semen and germplasm must be identified to the fertility center of origin.

b. Imported semen or germplasm must originate from a fertility center, or "noninfected" herd, with requirements at least equivalent to the above, and be identified to the fertility center.

ITEM 13. Amend subrule 64.157(2) as follows:

64.157(2) The herd cleanup plan shall contain:

a. Owner's name, location and herd number.

b. Type of herd plan selected, e.g., offspring segregation, test and removal, depopulation.

c. Brief description Description of the plan, which may mandate the use of vaccine. shall include the following requirements:

(1) The breeding herd shall be maintained on an approved vaccination program, at least four times per year;

(2) The progeny shall be weaned and segregated by five weeks of age or less, and progeny group isolation shall be maintained according to the terms of the herd plan;

(3) The herd must be visited on a regular basis (at least quarterly) by the herd veterinarian to monitor progress of the herd cleanup plan. This will include quarterly testing if applicable, overseeing management procedures which may include all-in-all-out swine movement, ventilation, sanitation, disinfection, and vaccine handling;

(4) Vaccine shall be administered to the progeny swine at least once, or more often if required by the herd plan;

(5) Feeder pig movement or relocation from the premises of origin must be detailed in writing in the herd cleanup plan. If this movement, or relocation, involves more than one district veterinarian's area, all participants must concur with the cleanup plan;

(6) Culled breeding swine must move directly to slaughter or to an approved premises. No swine moved from infected herds may be represented as breeding swine;

(7) All new and updated cleanup plans shall be designed to complete herd cleanup in less than two years or before January 1, 2000. After January 1, 1999, all infected herds, with breeding swine, shall implement a test and removal herd cleanup plan with all positive swine moved direct to slaughter; all infected "finisher only" swine herds shall operate on an all-in-all-out herd management program direct to slaughter; and all swine movement from infected herds may be by "restricted movement to slaughter" unless exempted by the "feeder pig cooperator" plan.

When this herd is designated a noninfected herd, or has been depopulated, by procedures detailed in Iowa Code section 166D.9, the plan is completed.

d. Changes and updates must be made, in writing, to the department.

d. Specific movement limitations which may include approved destination locations, "restricted movement to slaughter," or other appropriate animal movement control measures.

e. Signatures of the herd owner, the owner's veterinarian, and the epidemiologist or the epidemiologist's representative.

ITEM 14. Rescind and reserve subrules 64.157(3) and 64.157(4).

ITEM 15. Amend subrule 64.157(5) as follows:

64.157(5) If this herd cleanup plan is not followed, is discontinued, or is not progressing in a satisfactory manner as determined by the department, the herd is a quarantined herd and is subject to restricted movement, "restricted movement to slaughter," according to 64.154(2)"c," and 64.155(8), until a new and approved cleanup plan is in place and showing progress according to a designated epidemiologist.

ITEM 16. Rescind and reserve subrule 64.157(6).

[Filed Emergency After Notice 10/1/97, effective 10/1/97]

[Published 10/22/97]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/22/97.

FILED

ARC 7605A

ETHICS AND CAMPAIGN DISCLOSURE BOARD, IOWA[351]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 17A.3 and 68B.32A, the Iowa Ethics and Campaign Disclosure Board amends Chapter 6, "Civil Penalties," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on July 2, 1997, as ARC 7348A. No public comments were received. The adopted amendments are identical to those published under Notice of Intended Action. The Ethics and Campaign Disclosure Board adopted these amendments on September 11, 1997.

The amendments combine all provisions regarding the routine assessment of civil penalties for late-filed disclosure reports into a single rule, 6.2(56), and rescind current rules addressing aspects of the penalty assessment process which are brought together in new rule 6.2(56). The rewriting of the rule allows for the elimination of incorrect Iowa Code references. Substantively, the revised penalty schedule creates a distinction between political and candidate committees which are formed and file at the state level from those which are formed and file at the county level, in recognition that county committees in general are smaller monetarily and highly dependent upon volunteers who may have little or no other political or financial experience.

For committees reporting on the county level, the amended penalty schedule is twice the current penalty schedule, in recognition that the penalty schedule has not been modified in over 15 years and that a $10 initial penalty provides little disincentive for the late filing of a report, even at the county level. However, because the amendments will also rescind the separate penalty assessments for late payment of penalties, the revised automatic penalty assessments will cease at $200, whereas the existing automatic schedule continues up to $400. Under the amendment, additional penalty assessments beyond $200 will require case-by-case review by the Board. By statute, the maximum amount of penalty which can be levied by the Board for a violation, including a late-filed report, is $2000.

For committees reporting on the state level, the amended penalty schedule is more than twice the current penalty schedule, also in recognition that the penalty schedule has not been modified in over 15 years and that a $10 initial penalty provides little disincentive for the late filing of a report, particularly at the state level. The initial penalty assessment will begin at $50, since the greatest negative public impact of a late-filed report is suffered within the first few days after the filing deadline. Again, however, because the amendments will also rescind the separate penalty assessments for late payment of penalties, the revised automatic penalty assessments will cease at $300, whereas the existing automatic schedule continues up to $400. Under the amendment, additional penalty assessments beyond $300 will require case-by-case review by the Board. By statute, the maximum amount of penalty which can be levied by the Board for a violation, including a late-filed report, is $2000. For preelection supplementary reports and special election reports, the current amounts of flat penalty assessments are doubled, in recognition that the penalties have not been modified for over 15 years, and that there is a particularly strong public interest in timely filing of these preelection reports which can be significantly harmed by even the shortest delay in filing.

The amendments also add a routine penalty assessment for late-filed verified statements of registration (VSRs). These statements are a "short-form" committee filing which is an alternative currently allowed by the Iowa Code for committees not organized under Iowa law. Rather than requiring out-of-state committees to form an Iowa committee with an Iowa bank account or Iowa officers, and make full disclosure of all committee activities, this option allows committees which are organized and which file reports in jurisdictions similar to Iowa to file a one-page report indicating the name of the contributing committee, the recipient Iowa committee, the amount of the contribution, and the jurisdiction in which the contributing committee makes full disclosure. The Iowa Code requires that this statement be provided both to the Board and to the recipient committee at the time the contribution is made. Currently, there is no automatic penalty assessment for a failure to timely file a VSR. Given the significant amount of money which comes into Iowa through the use of the VSRs, the upward trend of that amount, and the fact that the VSR is simply an alternative to filing a full report for which there is a late-filing penalty, the Board has determined to establish remedies including a routine penalty assessment for these late-filed reports as well. Although the Iowa Code indicates that the VSR should be filed simultaneously with the making of the contribution, the Board has determined to allow a ten-day window to allow for communication regarding the contribution and the VSR between the contributing committee and the Iowa recipient committee. Because out-of-state committees contributing to Iowa committees are generally well funded and well staffed and should therefore be held accountable for knowledge of compliance with Iowa when they choose to become politically involved in Iowa, the Board believes that some initial flat penalty should be assessed. However, since the workload of Board staff may not permit them to become aware of the failure of a non-Iowa committee to file a VSR until months after the contribution is made, additional penalty increases will not occur until after the out-of-state committee is specifically notified by the Board that the VSR is delinquent.

The current rule allowing all committees to request waiver or reduction of a routinely assessed penalty is retained in the new rule.

These amendments will become effective January 3, 1998.

These amendments are intended to implement Iowa Code sections 56.5, 56.6, 68B.32B, 68B.32C, and 68B.32D.

The following amendments are adopted.

ITEM 1. Rescind rule 351--6.2(56) and insert in lieu thereof the following new rule:

351--6.2(56) Routine civil penalty assessments for late-filed disclosure reports.

6.2(1) Committees subject to penalty assessments. In routine resolution of violations for late-filed disclosure reports, the board shall assess and collect monetary penalties both for statewide committees whose reports are filed with the board and for committees whose reports are filed with the county commissioners of elections. After a delinquent committee has filed, the board shall notify delinquent filing committees of the amount of the assessment by regular United States mail to the address on file with the board. In the case of committees who have a reporting responsibility to both the board and the county commissioners of elections, the penalty shall be applicable for failure to file at the primary depository where the report is delinquent.

6.2(2) Committees which file with the county commissioner. Committees which have filed a statement of organization with the county commissioner of elections and which are required to file disclosure reports in the office of the county commissioner of elections shall be assessed civil penalties for late-filed reports in accordance with the following schedules:

Date report received

First-time
delinquency

Repeat delinquency by
same treasurer of a
committee in 12-month
period

1 to 14 consecutive days delinquent
$ 20

$ 50

15 to 30 consecutive days delinquent
$ 50

$ 100

31 to 45 consecutive days delinquent
$ 100

$ 200

6.2(3) Committees which file with the board.

a. Non-supplemental and non-special election reports. Committees which have filed a statement of organization with the board and which are required to file disclosure reports in the board office shall be assessed civil penalties for late-filed reports, except for supplemental and special election reports, in accordance with the following schedules:

Date report received

First-time
delinquency

Repeat delinquency by
same treasurer of a
committee in 12-month
period

1 to 14 consecutive days delinquent
$ 50

$ 100

15 to 30 consecutive days delinquent
$ 100

$ 200

31 to 45 consecutive days delinquent
$ 200

$ 300

b. Supplemental reports. General assembly candidates' committees required to file supplemental disclosure reports shall be assessed a $200 civil penalty for filing the supplemental report one or more days delinquent, except that if there is a repeat delinquency on a supplemental report by the same treasurer within a 12-month period, the penalty shall be $400.

Statewide candidates' committees required to file supplemental disclosure reports shall be assessed a $400 civil penalty for filing the supplemental report one or more days delinquent, except that if there is a repeat delinquency on a supplemental report by the same treasurer within a 12-month period, the penalty shall be $800.

c. Special election reports. The committees of general assembly candidates to fill vacancies in special elections shall be assessed a $200 civil penalty for filing the special election report one or more days delinquent.

The committees of statewide candidates to fill vacancies in special elections shall be assessed a $400 civil penalty for filing the special election report one or more days delinquent.

6.2(4) Extreme delinquencies. Committees which owe reports which are more than 45 days delinquent or which have been delinquent three or more times shall be referred to as extreme delinquencies and shall be subject to review of the board, and the committee may be considered for a more serious sanction or penalty. The committee may also be considered for a more serious sanction or penalty if there is evidence that any delinquency was intentional.

6.2(5) Late-filed verified statements of registration. The board shall routinely assess and collect monetary penalties against committees which are organized in a jurisdiction other than Iowa and which choose to file a verified statement of registration (VSR) as provided in Iowa Code section 56.5 and rule 351--4.13(56), but are delinquent in filing the VSR. A VSR is considered delinquent if it is not received on or before the tenth day after the date of the contribution, or mailed bearing a United States Postal Service postmark dated on or before the tenth day after the contribution. A flat late penalty of $25 shall be assessed for late-filed VSRs, except that if it is a repeat delinquency by the same committee in a 12-month period, the flat late penalty shall be $50. However, if the VSR is not filed within ten days after notice of the delinquency is sent to the committee by the board, the amount of the late-filing penalty shall increase to $100 for a first-time delinquency, or to $200 for a repeat delinquency by the same committee within a 12-month period. A VSR which is not filed within 45 days after the notice is sent by the board shall be referred to as an extreme delinquency and shall be subject to the provisions of subrule 6.2(4). In addition, a committee which has received a contribution from a committee which has failed to file a VSR may be required to return the contribution.

6.2(6) Requests for waiver of penalties. Penalties will be automatically assessed in resolution of violations for late filings to all delinquent committees. If a committee feels there are mitigating circumstances which prevented its timely filing, it may make written request to the board for waiver of the penalty. Waivers may be granted only under exceptional or very unusual circumstances. The board will review the request and issue either a waiver or denial of the request. If a waiver is granted, the board will determine how much of the penalty may be waived based on the circumstances. If a denial is issued, the committee shall promptly pay the incurred penalty.

This rule is intended to implement Iowa Code sections 56.5, 56.6, 68B.32B, 68B.32C, and 68B.32D.

ITEM 2. Rescind and reserve rule 351--6.3(56).

ITEM 3. Rescind and reserve rule 351--6.5(56).

ITEM 4. Rescind and reserve rule 351--6.6(56).

[Filed 10/3/97, effective 1/3/98]

[Published 10/22/97]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/22/97.

ARC 7606A

ETHICS AND CAMPAIGN DISCLOSURE BOARD, IOWA[351]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 17A.3 and 68B.32A, the Iowa Ethics and Campaign Disclosure Board amends Chapter 13, "Executive Branch Lobbyists," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on July 2, 1997, as ARC 7347A. No public comments were received. The adopted amendments are identical to those published under Notice of Intended Action. The Ethics and Campaign Disclosure Board adopted these amendments on September 11, 1997.

The amendments revise the routine civil penalties for the late filing of lobbyist and lobbyist client reports by reducing the amounts to be more consistent with the civil penalties assessed by the Board in its campaign finance reporting jurisdiction. Also, the time frame before a penalty escalates is lengthened, in order to be more consistent with the time frames on the campaign finance disclosure penalties. Further, the longer period of time prior to fine escalation should minimize communication difficulties among the Board and the lobbyists and clients, where those difficulties stem from the current short period (five days) before the penalty increases. Additionally, with regard to late client reports, references to more than two occurrences within a calendar year are stricken, as only two reports are due annually.

These amendments will become effective January 3, 1998.

These amendments are intended to implement Iowa Code sections 68B.32B, 68B.32C, 68B.32D, 68B.37 and 68B.38.

The following amendments are adopted.

ITEM 1. Amend rule 351--13.6(68B) as follows:

351--13.6(68B) Penalties for late lobbyist reports. A person who registers as a lobbyist in the executive branch of Iowa government but fails to timely file a required lobbyist's periodic report shall be subject to an automatic civil penalty according to the following schedule:

Days
Delinquent

1st
Occurrence
2nd
Occurrence in a calendar year
Subsequent
Occurrences in a calendar year
1 to 5 14
$ 25
$ 100 50
$ 250 100
6 15 to 30
100 50
250 100
500 200
31 and over
250 100
500 200
1,000 400

ITEM 2. Amend rule 351--13.7(68B) as follows:

351--13.7(68B) Penalties for late client reports. A client who fails to timely file a required client's report shall be subject to an automatic civil penalty according to the following schedule:

Days
Delinquent

1st
Occurrence
2nd
Occurrence in a
calendar year

Subsequent Occurrences
1 to 5 14
$ 25
$ 100 50
$ 250
6 15 to 30
100 50
250 100
500
31 and over
250 100
500 200
1,000

[Filed 10/3/97, effective 1/3/98]

[Published 10/22/97]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/22/97.

ARC 7595A

NURSING BOARD[655]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 17A.3, 147.76 and 272C.3, the Iowa Board of Nursing hereby adopts an amendment to Chapter 2, "Nursing Education Programs," Iowa Administrative Code.

This amendment changes the education requirement for faculty to teach in a master's program. The majority of faculty will be required to hold an earned doctorate. A faculty member without an earned doctorate shall hold a master's degree in nursing, advanced level certification and current registration as an advanced practice registered nurse with the nursing board in the state in which the individual teaches.

Notice of Intended Action was published in the Iowa Administrative Bulletin on July 2, 1997, as ARC 7341A. There are no changes from the Notice of Intended Action.

This amendment is intended to implement Iowa Code section 152.5.

This amendment will become effective November 26, 1997.

The following amendment is adopted.

Rescind subrule 2.6(2), paragraph "c," subparagraph (3), and insert in lieu thereof the following new subparagraph (3):

(3) The majority of faculty teaching in a master's program must hold earned doctorates with a major in nursing at the master's or doctoral level. A faculty member without an earned doctorate shall have a master's degree in nursing, advanced level certification in the clinical specialty area in which the individual teaches, by a national professional nursing organization approved by the board, and current registration as an advanced registered nurse practitioner in the state(s) in which the individual teaches.

[Filed 9/26/97, effective 11/26/97]

[Published 10/22/97]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/22/97.

ARC 7596A

NURSING BOARD[655]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 17A.3, 147.76, 272C.3 and 272C.5, the Iowa Board of Nursing hereby adopts amendments to Chapter 4, "Disciplinary Proceedings," Iowa Administrative Code.

These amendments clarify processes related to investigative board sanctions and correct Iowa Code citations. They reduce redundant language describing the process for complaint receipt, clarify the settlement process, clarify parameters for subpoena powers of the board, and specify the offenses that are subject to fine as required by the Iowa Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on July 2, 1997, as ARC 7342A. There are no changes from the Notice.

These amendments are intended to implement Iowa Code chapter 17A and sections 147.55, 152.10, 272C.3 to 272C.6 and 272C.10.

These amendments will become effective on November 26, 1997.

The following amendments are adopted.

ITEM 1. Amend rule 655--4.2(17A,147,152,272C), introductory paragraph, as follows:

655--4.2(17A,147,152,272C) Complaints and investigations. A complaint is an allegation of wrongful acts or omissions related to nursing practice or licensure. Complaints filed with the board shall be in writing.

ITEM 2. Amend subrule 4.2(1) to read as follows:

4.2(1) In accordance with Iowa Code section 258A.3(1)"c," 272C.3(1)"c," the board shall review or investigate, upon written complaint or upon its own motion pursuant to other information received by the board, alleged acts or omissions which the board reasonably believes constitute cause for the licensee discipline.

ITEM 3. Rescind rule 655--4.7(17A,147,152,272C) and insert in lieu thereof the following new rule:

655--4.7(17A,147,152,272C) Settlements. Pursuant to the provisions of Iowa Code sections 17A.12 and 272C.3, the board may consider resolution of disciplinary matters through informal settlement prior to commencement of contested case proceedings. The executive director or a designee may negotiate with the licensee regarding a proposed disposition of the controversy. Upon consent of both parties, the board will review the proposal for action.

ITEM 4. Rescind rule 655--4.8(17A,147,152,272C) and insert in lieu thereof the following new rule:

655--4.8(17A,147,152,272C) Subpoena powers. The board shall have the authority to issue a subpoena in accordance with the provisions of Iowa Code sections 17A.13 and 272C.6.

4.8(1) A subpoena which demands the attendance of a witness or the production of evidence at hearing shall be issued by the presiding officer on behalf of the board or the licensee. Requests shall be made to the board office in writing and shall include the name of the witness or a description of the evidence. Service of the subpoena will be the responsibility of the requesting party.

4.8(2) A subpoena which requires production of real evidence that is necessary to an investigation may be issued upon the authority of the executive director or a designee.

ITEM 5. Rescind rule 655--4.9(17A,147,152,272C) and insert in lieu thereof the following new rule:

655--4.9(17A,147,152,272C) Refusal to obey subpoena. In the event obedience to a subpoena is refused, the requesting party may petition the district court for enforcement.

ITEM 6. Amend rule 655--4.18(17A,147,152,272C), numbered paragraph "4," to read as follows:

4. Civil penalty. A fine may be imposed in accordance with Iowa Code section 272C.3(2)"e." Assessment of a fine shall be specified in the order and may not exceed a maximum amount of $1000. Fines may be incurred for:


* Practicing without an active license: $50 for each month or part thereof, beginning on the date that a license enters delinquent status.


* Obtaining a license by falsification of continuing education records: $50 for each contact hour falsified.


* Violating rule 4.19(17A,147,152,272C): an amount deemed appropriate.

ITEM 7. Amend the introductory paragraphs of subrules 4.19(2), 4.19(3) and 4.19(4) as follows:

4.19(2) In accordance with Iowa Code sections section 147.55(2) and 272C.19(2), professional incompetency may include but need not be limited to the following:

4.19(3) In accordance with Iowa Code sections section 147.55(3) and 272C.10(3), nursing behavior (i.e., acts, knowledge, and practices) which constitutes knowingly making misleading, deceptive, untrue, or fraudulent representations in the practice of a profession may include but need not be limited to the following:

4.19(4) In accordance with Iowa Code sections section 147.55(3) and 272C.10(3), nursing behavior (i.e., acts, knowledge, and practices) which constitutes unethical conduct may include but need not be limited to the following:

[Filed 9/26/97, effective 11/26/97]

[Published 10/22/97]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/22/97.

ARC 7594A

TRANSPORTATION DEPARTMENT[761]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 307.10 and 307.12, the Department of Transportation, on September 23, 1997, rescinded Chapter 411, "Handicapped Identification Devices," and adopted in lieu thereof Chapter 411, "Persons with Disabilities Parking Permits," Iowa Administrative Code.

Notice of Intended Action for these rules was published in the August 13, 1997, Iowa Administrative Bulletin as ARC 7422A.

1997 Iowa Acts, House File 688, made several changes to the handicapped parking law:

1. "Handicapped" parking permits are now termed "persons with disabilities" parking permits.

2. Persons with permanent disabilities will not be required to renew their permits every four years; they will be issued nonexpiring permits.

3. A "handicapped" designation on a driver's license or nonoperator's identification card is no longer required.

4. A physician's or chiropractor's signature on the face of a windshield placard is no longer required.

1997 Iowa Acts, House File 692, provides that a physician assistant or an advanced registered nurse practitioner may furnish the statement needed to obtain a persons with disabilities parking permit.

1997 Iowa Acts, Senate File 177, section 5, provides for issuance of wheelchair lift warning cones.

These rules address application for a persons with disabilities parking permit, issuance of removable windshield placards, parking stickers and wheelchair lift warning cones, rev-ocation of a permit, and return of a permit.

These rules are identical to the ones published under Notice of Intended Action.

These rules are intended to implement Iowa Code chapter 321L.

These rules will become effective November 26, 1997.

Rule-making action:

Rescind 761--Chapter 411, "Handicapped Identification Devices," and insert in lieu thereof the following new chapter:

CHAPTER 411

PERSONS WITH DISABILITIES PARKING PERMITS

761--411.1(321L) Administration. The office of vehicle services administers this chapter. Its mailing address is Office of Vehicle Services, Iowa Department of Transportation, P.O. Box 9278, Des Moines, Iowa 50306-9278. It is located in Park Fair Mall, 100 Euclid Avenue, Des Moines.

761--411.2(321L) Application for persons with disabilities parking permit.

411.2(1) Application for a persons with disabilities parking permit shall be made on Form 411055, which may be obtained from the department, a county treasurer's office, or the Persons with Disabilities Division, Department of Human Rights, Lucas State Office Building, Des Moines, Iowa 50319. The completed form shall be submitted to the office of vehicle services. The form may also be taken to a driver's license examination station.

411.2(2) The application shall include a signed statement written on the physician's, chiropractor's, physician assistant's or advanced registered nurse practitioner's letterhead. The statement shall indicate that the person is a person with a disability and whether the disability is permanent or temporary.

411.2(3) If an agency or organization is providing transportation for persons with disabilities or elderly persons, the application shall include the name, mailing address, telephone number and federal employer's identification number of the agency or organization and the signature of its authorized representative.

761--411.3(321L) Removable windshield placards.

411.3(1) Eligibility.

a. A person who has a permanent disability is eligible for a nonexpiring removable windshield placard.

b. An agency or organization providing transportation for persons with disabilities or elderly persons is eligible for a removable windshield placard valid for four years from the date of issuance. However, the first reissuance will occur in the year 2001. The placard shall bear the name of the agency or organization and the signature of its authorized representative.

c. A person who has a temporary disability is eligible for a temporary removable windshield placard valid for no less than one week nor more than six months.

411.3(2) Display. A removable windshield placard shall be displayed by hanging it from the rearview mirror in the driver's compartment of the motor vehicle so that it can be read through the windshield from outside the vehicle. If there is no rearview mirror in the vehicle, the placard shall be displayed on the dashboard. If the vehicle has no rearview mirror and no dashboard, the person with a disability may obtain a persons with disabilities special registration plate parking sticker to be affixed to the vehicle's registration plate.

761--411.4(321L) Persons with disabilities special registration plate parking stickers.

411.4(1) Eligibility.

a. A person who has a permanent disability and who owns a motor vehicle for which the person has been issued disabled veterans plates under Iowa Code section 321.105 or registration plates under Iowa Code section 321.34 may obtain a persons with disabilities special registration plate parking sticker to be affixed to the rear plate.

b. A person who has a temporary disability is not eligible for the sticker.

c. An agency or organization providing transportation for persons with disabilities or elderly persons is not eligible for the sticker.

411.4(2) Display. The sticker shall be affixed to the lower right corner of the rear registration plate, as required in rule 761--400.53(321).

411.4(3) Validity. The sticker is valid as long as the registration for the vehicle is current.

761--411.5(321L) Persons with disabilities special registration plates. See 761--Chapter 401.

761--411.6(321L) Wheelchair lift warning cone.

411.6(1) Eligibility. A person who has been issued a persons with disabilities parking permit other than a temporary removable windshield placard and who operates a motor vehicle with a wheelchair lift is eligible for a wheelchair lift warning cone.

411.6(2) Application. Application for a warning cone shall be made to the office of vehicle services. The application shall include the applicant's name and mailing address, the plate number of the vehicle operated by the applicant that is equipped with a wheelchair lift, and a self-certification stating that the vehicle is so equipped.

411.6(3) Display. A wheelchair lift warning cone may be displayed only in conjunction with a persons with disabilities parking permit when the vehicle equipped with the lift is parked in a persons with disabilities parking space.

761--411.7(321L) Revocation. Proof of conviction of two or more violations involving improper use of a persons with disabilities parking permit is grounds for revocation of the holder's privilege to possess or use the permit.

411.7(1) If the permit is revoked, the holder shall return it to the department within ten days after receipt of notice of revocation unless the holder requests a hearing within the ten-day period.

411.7(2) A request for a hearing shall be made in writing to the director of the office of vehicle services. The hearing shall be held in accordance with 761--Chapter 13.

761--411.8(321L) Return of parking permit. A persons with disabilities parking permit to be returned to the department in accordance with Iowa Code section 321L.3 shall be returned within ten days of the occurrence.

These rules are intended to implement Iowa Code chapter 321L and 1997 Iowa Acts, Senate File 177, section 5, House File 688, and House File 692.

[Filed 9/24/97, effective 11/26/97]

[Published 10/22/97]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 10/22/97.


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