Administrative rules review committee 1642

Committee actions 1645

AGRICULTURE AND LAND STEWARDSHIP
DEPARTMENT[21]

Notice, Infectious and contagious diseases--
blood samples, 64.8 ARC 7831A 1655

Filed Emergency, Infectious and contagious
diseases--blood samples, 64.8 ARC 7832A 1670

ALL AGENCIES

Schedule for rule making 1640

Publication procedures 1641

Agency identification numbers 1652

BANKING

Notice--Agricultural credit corporation
maximum loan rate 1655

CITATION OF ADMINISTRATIVE RULES 1651

COLLEGE STUDENT AID COMMISSION[283]

EDUCATION DEPARTMENT[281]"umbrella"

Filed Emergency, Federal family education
loan consolidation, 10.2(1) ARC 7838A 1670

DELAY

Environmental Protection Commission[567]
Agricultural drainage wells, 50.2 to 50.4,
50.6 to 50.8, 51.3, 52.5, 52.21 1681

ENGINEERING AND LAND SURVEYING
EXAMINING BOARD[193C]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Notice, Tutelage; certificate of responsibility,
1.4, 1.30(4) ARC 7850A 1655

Filed, Hearing on license denial; peer review
consultant; discipline, 1.11, 4.2(6), 4.4(1)
ARC 7849A 1672

ENVIRONMENTAL PROTECTION
COMMISSION[567]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Delay, Agricultural drainage wells, 50.2 to 50.4,
50.6 to 50.8, 51.3, 52.5, 52.21 1681

HUMAN SERVICES DEPARTMENT[441]

Notice, Mental illness special services fund,
39.21, 39.23, 39.29 ARC 7840A 1656

Notice, Nonsedating antihistamines, 78.1(2),
78.28(1) ARC 7841A 1658

INSPECTIONS AND APPEALS DEPARTMENT[481]

Notice, Transportation hearing fees, 10.27
ARC 7843A 1658

Notice, Construction in hospitals, 51.50, 51.51
ARC 7845A 1658

Filed Emergency, Transportation hearing fees,
10.27 ARC 7844A 1671

INTEREST RATES--PUBLIC FUNDS 1668

MEDICAL EXAMINERS BOARD[653]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Filed, Impaired physician recovery, 12.16
ARC 7837A 1672

PERSONNEL DEPARTMENT[581]

Notice, Pay decisions, ch 4, 8.6, 8.12, 10.3
ARC 7842A 1660

PETROLEUM UST FUND BOARD, IOWA
COMPREHENSIVE[591]

Filed, Reimbursement of remedial and insurance
claims--financial responsibility, 11.1(3)"b"
ARC 7836A 1673

Filed, Remedial and insurance claims--inability
to pay, 11.1(3)"n"(3) ARC 7834A 1674

Filed, Remedial and insurance claims--
payments for conducting RBCA analysis on
"monitor only" sites, 11.8 ARC 7835A 1674

PROFESSIONAL LICENSURE DIVISION[645]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Notice, Barber examiners, 20.101, 20.102(3),
20.106, 20.214(5), 21.1, 21.2, 21.4, 21.5,
21.7, 21.14, 29.14 ARC 7847A 1664

Filed, Cosmetology arts and sciences, 60.2(2),
60.5 to 60.8, 60.10(1), 60.12, 61.6, 62.1
ARC 7848A 1675

PUBLIC FUNDS--AVAILABILITY

Public Health Department[641]
Gambling treatment information 1654

PUBLIC HEALTH DEPARTMENT[641]

Notice of Public Funds Availability 1654

PUBLIC HEARINGS

Summarized list 1646

REVENUE AND FINANCE DEPARTMENT[701]

Filed, Apportionment of income for resident
shareholders of S corporations, 50.1
ARC 7851A 1676

SECRETARY OF STATE[721]

Notice, Constitutional amendment on ballot,
21.200(4) ARC 7846A 1666

SOIL CONSERVATION DIVISION[27]

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]"umbrella"

Filed, Minerals program, 60.10, 60.12, 60.20,
60.30, 60.40, 60.41, 60.50(1), 60.60, 60.65,
60.70, 60.75, 60.80, 60.85, 60.90, 60.95
ARC 7839A 1676

TRANSPORTATION DEPARTMENT[761]

Notice, Motor carriers--hazardous materials,
520.1(1) ARC 7830A 1666

TREASURER OF STATE

Notice--Public funds interest rates 1668

WORKFORCE DEVELOPMENT BOARD/
SERVICES DIVISION[877]

WORKFORCE DEVELOPMENT DEPARTMENT[871]"umbrella"

Filed, Job training partnership program,
rescind 345--ch 14; adopt 877--ch 12
ARC 7833A 1680

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

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.

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

Hoover State Office Building, Level A

Des Moines, IA 50319

Telephone: (515)242-5120

PRINTING SCHEDULE FOR IAB
ISSUE NUMBER	SUBMISSION DEADLINE	ISSUE DATE
19	Friday, February 20, 1998	March 11, 1998
20	Friday, March 6, 1998	March 25, 1998
21	Friday, March 20, 1998	April 8, 1998

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.

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 Administrative Code Division uses Interleaf 6 to publish the Iowa Administrative Bulletin and can import documents directly from most other word processing systems, including Ami Pro, Microsoft Word, Professional Write, Word for Windows (Word 7 or earlier), and WordPerfect.

1. To facilitate the processing of rule-making documents, we request a 3.5" High Density (not Double Density) IBM PC-compatible diskette of the rule making. Please indicate on each diskette the following information: agency name, file name, format used for exporting, and chapter(s) amended. Diskettes may be delivered to the Administrative Code Division, 4th Floor, Lucas State Office Building or included with the documents submitted to the Governor's Administrative Rules Coordinator.

2. Alternatively, if you have Internet E-mail access, you may send your document as an attachment to an E-mail message, addressed to both of the following:

bcarr@legis.state.ia.us

kbates@legis.state.ia.us

Please note that changes made prior to publication of the rule-making documents are reflected on the hard copy returned to agencies by the Governor's office; diskettes are returned unchanged.

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

Bulletin

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Animal blood sample collection, 64.8, Filed Emergency ARC 7832A, also Notice ARC 7831A 2/25/98

ATTORNEY GENERAL[61]

Forfeited property, ch 33, Notice ARC 7106A Terminated, also Notice ARC 7825A 2/11/98

COLLEGE STUDENT AID COMMISSION[283]

EDUCATION DEPARTMENT[281]"umbrella"

Consolidation loans, 10.2(1)"b"(7), Filed Emergency ARC 7838A 2/25/98

DENTAL EXAMINERS BOARD[650]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Deep sedation/general anesthesia, parenteral conscious sedation and nitrous oxide inhalation analgesia,
ch 29 title, 29.1, 29.2(2) to 29.2(4), 29.3(6), 29.4, 29.5(1), 29.5(3), 29.6(3) to 29.6(6), 29.7 to 29.13,
Notice ARC 7809A 2/11/98

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

CDBG housing set-aside program, 23.11, Filed ARC 7811A 2/11/98

Housing fund, ch 25, Filed ARC 7812A 2/11/98

EDUCATIONAL EXAMINERS BOARD[282]

EDUCATION DEPARTMENT[281]"umbrella"

Issuance of practitioners' licenses, ch 14, Notice ARC 7802A 2/11/98

Substitute teacher's license, 14.17, Notice ARC 7801A 2/11/98

EDUCATION DEPARTMENT[281]

Open enrollment, 17.9(1), Notice ARC 7797A 2/11/98

Physical examination for bus drivers, 43.15, Notice ARC 7796A 2/11/98

ENGINEERING AND LAND SURVEYING EXAMINING BOARD[193C]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Tutelage requirement, certificate of responsibility, 1.4, 1.4(2), 1.30(4), Notice ARC 7850A 2/25/98

License denial procedures, single peer review consultant, discipline period for closed cases, 1.11, 4.2(6), 4.4(1),
Filed ARC 7849A 2/25/98

ENVIRONMENTAL PROTECTION COMMISSION[567]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

State revolving fund loans for wastewater treatment, 92.3, 92.4(3), 92.4(6), 92.4(7), 92.5(1),
92.5(2)"a," 92.5(3), 92.6(2)"a"(1), 92.6(2)"d"(4) and (5), 92.7(2)"e," 92.8(7), 92.10, 92.10(1),
92.10(2)"b" and "c," 92.10(3), 92.10(4), Notice ARC 7824A 2/11/98

HUMAN SERVICES DEPARTMENT[441]

Grants for homeless persons with mental illness, 39.21, 39.23(1) to 39.23(4), 39.23(4)"g," "h," and "p,"
39.23(6), 39.29(1), 39.29(5)"a" and "e," Notice ARC 7840A 2/25/98

Exemption of educational funds as income for FIP eligibility and FMAP-related Medicaid coverage, 40.27(1)"a"(3),
41.27(1)"d" and "e," 41.27(6)"r" and "s," 41.27(9)"g," 75.52(1)"a"(3), 75.57(1)"b" and "c,"
75.57(6)"r" and "s," 75.57(9)"g," Filed Emergency After Notice ARC 7791A 2/11/98

Statewide average cost for nursing care, 75.15(2)"b," 75.24(3)"b," 75.24(3)"b"(1) to (6), Notice ARC 7789A 2/11/98

HCBS MR and brain injury waiver programs, 77.37(12)"b," 77.37(12)"c"(1), 77.39(10)"b,"
77.39(10)"c"(1), 79.1(1)"e" and "f," 79.1(2), 79.1(15), 79.1(17), 83.67(9)"d," Notice ARC 7806A 2/11/98

Authorization for nonsedating antihistamines, 78.1(2)"a"(3), 78.28(1)"d"(7), Notice ARC 7841A 2/25/98

Medicaid approval for dental procedures, 78.4(1)"a" and "c," 78.4(3)"e," 78.4(4)"d," 78.4(7),
78.4(8)"a," 78.28(2), Notice ARC 7807A 2/11/98

Medicaid reimbursement for chiropractors, federally qualified health centers and rural health clinics, 78.8,
79.1(2), 88.14, Filed ARC 7792A 2/11/98

Medicaid home health agency policy, 78.9(1), 78.9(1)"j," 78.9(10)"a"(1), Notice ARC 7790A 2/11/98

Medicaid managed care program, 88.1, 88.3(3), 88.3(6), 88.3(7), 88.4(1), 88.4(3)"a," 88.6, 88.6(4),
88.10(1), 88.12(1), 88.12(2), 88.41, 88.42(1), 88.46(1), 88.46(2), 88.46(3), 88.46(3)"d,"
88.47(1)"a," 88.48(1), 88.48(1)"e," 88.48(3), 88.49, 88.51(3), 88.52, Notice ARC 7829A 2/11/98

Child care centers, ch 109, Filed ARC 7793A 2/11/98

Abuse of children, rescind division I of ch 175, amend division II preamble, 175.21 to 175.27, 175.31 to 175.33,
175.35 to 175.42, Notice ARC 7808A 2/11/98

INSPECTIONS AND APPEALS DEPARTMENT[481]

Transportation hearing fee, 10.27, Filed Emergency ARC 7844A, also Notice ARC 7843A 2/25/98

Construction in hospitals, 51.50, 51.51, Notice ARC 7845A 2/25/98

INSURANCE DIVISION[191]

COMMERCE DEPARTMENT[181]"umbrella"

Mental health benefits, emergency services, emergency medical condition, 35.30, 40.20(1), 40.20(2),
Notice ARC 7798A 2/11/98

Securities, 50.31, 50.32, 50.36 to 50.38, 50.42, 50.57(10) to 50.57(19), Filed ARC 7805A 2/11/98

LABOR SERVICES DIVISION[347]

General industry safety and health, 10.20, Notice ARC 7826A 2/11/98

Construction safety and health, 26.1, Notice ARC 7827A 2/11/98

MEDICAL EXAMINERS BOARD[653]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Impaired physician review committee, 12.16(1), 12.16(4)"a," 12.16(5), 12.16(6), 12.16(6)"c," 12.16(7),
Filed ARC 7837A 2/25/98

NATURAL RESOURCE COMMISSION[571]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Washboard mussels, 87.1, (Notice ARC 7745A, IAB 12/31/98) Small Business Regulatory Flexibility Analysis 2/11/98

PERSONNEL DEPARTMENT[581]

Pay, ch 4, 8.6, 8.12, 10.3, Notice ARC 7842A 2/25/98

Benefits--deferred compensation, 15.6, 15.13, Amended Notice ARC 7810A 2/11/98

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

Financial responsibility coverage, 11.1(3)"b," Filed ARC 7836A 2/25/98

Inability to pay criteria, 11.1(3)"n"(3), Filed ARC 7834A 2/25/98

Payments for conducting RBCA analysis on "monitor only" sites, 11.8, Filed ARC 7835A 2/25/98

PROFESSIONAL LICENSURE DIVISION[645]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Barbers, 20.101(1) to 20.101(3), 20.102(3), 20.106, 20.214(5), 21.1, 21.2, 21.4, 21.5, 21.7, 21.14, 29.14(5),
29.14(7), Notice ARC 7847A 2/25/98

Cosmetology, 60.2(2)"a," 60.5(1), 60.5(2)"a," 60.5(3), 60.6(3), 60.7(2)"a and "c," 60.8(3), 60.10(1)"h,"
60.12(2)"a" and "b," 60.12(3), 61.6(2), 61.6(3), 62.1(7), 62.1(21), 62.1(22), Filed ARC 7848A 2/25/98

Physical therapy, 200.1, 200.3(3), 200.4(3), 200.5, 200.8, 200.9(1) to 200.9(4), 200.9(10),
200.10(3), 200.12(1), 200.12(2), 200.12(3)"b," 200.18, 200.19, 200.19(1), 200.19(2)"b,"
200.19(6) to 200.19(12), 200.20 to 200.26, Filed ARC 7821A 2/11/98

Physical therapist assistants, 202.3(5), 202.4(7), 202.6, 202.9, 202.10(1) to 202.10(4), 202.10(10),
202.11(3), 202.11(6), 202.11(7), 202.13(1), 202.13(2), 202.13(3)"b," 202.19 to 202.26, Notice ARC 7820A 2/11/98

Physician assistants, 325.2, 325.15, 325.17, Filed ARC 7822A 2/11/98

PUBLIC HEALTH DEPARTMENT[641]

Notification and surveillance of reportable diseases, 1.2(1)"a"(1), Notice ARC 7818A 2/11/98

Renovation, remodeling, and repainting--lead hazard notification process, ch 69, Filed ARC 7814A 2/11/98

Lead professional certification, 70.1 to 70.8, Filed ARC 7813A 2/11/98

Emergency medical services, 132.1, 132.16, Filed Emergency ARC 7817A 2/11/98

Iowa law enforcement emergency care provider, 139.1, 139.2, 139.6, Filed Emergency ARC 7816A 2/11/98

Love our kids grant, ch 141, Filed ARC 7815A 2/11/98

Gambling treatment program, ch 162, Filed ARC 7819A 2/11/98

RACING AND GAMING COMMISSION[491]

INSPECTIONS AND APPEALS DEPARTMENT[481]"umbrella"

Occupational and vendor licensing, rescind 13.6(6), Filed ARC 7794A 2/11/98

REGENTS BOARD[681]

University of Iowa application fee, foreign student application fee, 1.1, 1.2, Notice ARC 7800A 2/11/98

REVENUE AND FINANCE DEPARTMENT[701]

Apportionment of income for resident shareholders of S corporations, 50.1, Filed ARC 7851A 2/25/98

SECRETARY OF STATE[721]

Proposed constitutional amendment, 21.200(4), Notice ARC 7846A 2/25/98

SOIL CONSERVATION DIVISION[27]

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]"umbrella"

Minerals program, 60.10, 60.12, 60.20(1), 60.20(4), 60.30(3), 60.30(8), 60.40(3), 60.40(5), 60.40(7),
60.41(3), 60.41(4), 60.50(1), 60.60(1), 60.60(3), 60.65, 60.70(2), 60.70(3), 60.70(4), 60.75(2), 60.75(3)"f,"
60.80(2), 60.80(7), 60.80(8), 60.85(1), 60.85(2), 60.90, 60.95, Filed ARC 7839A 2/25/98

SUBSTANCE ABUSE COMMISSION[643]

PUBLIC HEALTH DEPARTMENT[641] "umbrella"

Standards for programs and the operating a motor vehicle while intoxicated (OWI) law, ch 8,
Filed ARC 7823A 2/11/98

TRANSPORTATION DEPARTMENT[761]

Driver's privacy protection, 415.2, 415.4(6), 600.4(8), 600.16, 601.1(6), 604.40(1)"b," 605.5(1), 605.5(5),
605.7, 605.11(2)"f," 605.26(2)"c" and "h," 611.2, 611.4(4), 615.1, 615.9(1)"a," 615.9(3), 615.25(1),
615.38(1)"a," 615.40, 615.45(4), 620.3(3)"c," 620.4(4), 620.10, 630.2(1), 630.2(2), Filed ARC 7799A 2/11/98

Driver's privacy protection--law enforcement agencies, 415.3, 415.4(8), 415.4(9), Notice ARC 7795A 2/11/98

Motor carrier safety, hazardous materials, 520.1(1)"a" and "b," Notice ARC 7830A 2/25/98

TREASURER OF STATE[781]

Deposit and security of public funds in credit unions, ch 14, Filed ARC 7828A 2/11/98

UTILITIES DIVISION[199]

COMMERCE DEPARTMENT[181]"umbrella"

Rb factor, 19.10(1), Filed ARC 7804A 2/11/98

Quality of service--telephone, 22.1(3), 22.2(6)"c," 22.3(1) to 22.3(15), 22.6, 22.6(1) to 22.6(6),
Filed ARC 7803A 2/11/98

WORKFORCE DEVELOPMENT BOARD/SERVICES DIVISION[877]

WORKFORCE DEVELOPMENT DEPARTMENT[871]"umbrella"

Iowa job training partnership program, rescind 345--ch 14; adopt 877--ch 12, Filed ARC 7833A 2/25/98

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)281-5995	Jackie Van Ekeren Romp Administrative Rules Coordinator Governor's Ex Officio Representative Capitol, Room 11 Des Moines, Iowa 50319 Telephone (515)281-6331 Fax (515)281-6611

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.)

PERSONNEL DEPARTMENT[581]

Deferred compensation, 15.6, 15.13, ARC 7464A, IAB 8/27/97, ARRC meeting 11/10/97.
Objection filed 11/26/97 (Pursuant to Iowa Code section 17A.4(2), the rule ceases to be effective May 25, 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.

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.

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.

ENVIRONMENTAL PROTECTION COMMISSION[567]

Agricultural drainage wells, 50.2, 50.3(1), 50.4, 50.6(4), 50.6(7), 50.7(2), 50.7(4), 50.8(2), 51.3, 52.5, 52.21,
ARC 7760A, IAB 1.14.98, ARRC meeting 2/9/98

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]

Required wages under the CEBA program, ARC 7647A, IAB 11/19/97, ARRC meeting 12/9/97

HUMAN SERVICES DEPARTMENT[441]

Eligibility for child care, ch 130, ARRC meeting 6/10/97

LABOR SERVICES DIVISION[347]

Construction contractor registration, ch 150, ARC 7062A, IAB 2/16/97, ARRC meeting 3/10/97

MANAGEMENT DEPARTMENT[541]

Forms for public hearing notice for use by municipalities, H.F. 726, section 12, ARRC meeting 2/9/98

NATURAL RESOURCE COMMISSION[571]

Washboard mussels, 87.1, ARC 7745A, IAB 12/31/97, ARRC meeting 1/6/98
Deer depredation, 106.11, ARC 7574A, IAB 10/8/97, ARRC meeting 11/10/97

PUBLIC SAFETY DEPARTMENT[661]

Direct breath testing, 7.2, ARRC meeting 10/14/97

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

TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION[751]

Access to facilities, dial-up from remote locations, ARC 7578A, IAB 10/8/97, ARRC meeting 11/10/97

TRANSPORTATION DEPARTMENT[761]

Digitally issued photo driver's license, 605.26(2)"h," ARC 7706A, IAB 12/17/97, ARRC meeting 1/6/98
POW license plates--retention and renewal by surviving spouse, ARRC meeting 10/14/97
Enhanced penalty for OWI based on past record, H.F. 707, ARRC meeting 12/9/97

UTILITIES DIVISION[199]

Natural gas transportation, 19.13(4)"e" and "f," 19.13(6), ARRC meeting 12/9/97

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
Approved proposed budget for FY '98-99, ARRC meeting 11/10/97

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.

DENTAL EXAMINERS BOARD[650]
Deep sedation/general anesthesia, conscious sedation and nitrous oxide inhalation analgesia, 29.1 to 29.13 IAB 2/11/98 ARC 7809A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	March 18, 1998 2:30 p.m.
EDUCATIONAL EXAMINERS BOARD[282]
Issuance of practitioners' licenses, ch 14 IAB 2/11/98 ARC 7802A	Conference Room--2nd Floor Grimes State Office Bldg. Des Moines, Iowa	March 6, 1998 10 a.m.
(ICN Network)	ICN Room--2nd Floor Grimes State Office Bldg. Des Moines, Iowa	March 10, 1998 7 to 8:30 p.m.
	Air National Guard ICN Classroom, Bldg. 250 Harbor Dr. Sioux City, Iowa	March 10, 1998 7 to 8:30 p.m.
	Harris-Lake Park High School ICN Room 1 105 Ave. A West Lake Park, Iowa	March 10, 1998 7 to 8:30 p.m.
	Waterloo Armory ICN Classroom 3306 Airport Blvd. Waterloo, Iowa	March 10, 1998 7 to 8:30 p.m.
	Green Valley AEA 14 Turner Room 1405 N. Lincoln Creston, Iowa	March 10, 1998 7 to 8:30 p.m.
	North High School 626 W. 53rd St. Davenport, Iowa (west parking lot, gymnasium entrance)	March 10, 1998 7 to 8:30 p.m.
	National Guard Armory ICN Room 1501 W. Stone Ave. Fairfield, Iowa	March 10, 1998 7 to 8:30 p.m.
EDUCATIONAL EXAMINERS BOARD[282] (Cont'd) (ICN Network)	Iowa City High School Industrial Technology Bldg. 1900 Morningside Dr. Iowa City, Iowa (north of the high school)	March 10, 1998 7 to 8:30 p.m.
	North Iowa Area Community College Activity Center, Room 106 500 College Dr. Mason City, Iowa	March 10, 1998 7 to 8:30 p.m.
	Dubuque Armory ICN Classroom 195 Radford Rd. Dubuque, Iowa	March 10, 1998 7 to 8:30 p.m.
	Loess Hills AEA--ICN Room Fire Number 24997 Council Bluffs, Iowa (on Hwy. 92, 6 miles east of Council Bluffs)	March 10, 1998 7 to 8:30 p.m.
	National Guard Armory 1659 Nelson Ave. Fort Dodge, Iowa (adjacent to airport)	March 10, 1998 7 to 8:30 p.m.
Substitute teacher's license, 14.17 IAB 2/11/98 ARC 7801A	Conference Room 3 North Third Floor Grimes State Office Bldg. Des Moines, Iowa	March 5, 1998 10 a.m.
EDUCATION DEPARTMENT[281]
Open enrollment, 17.9(1) IAB 2/11/98 ARC 7797A	State Board Room Grimes State Office Bldg. Des Moines, Iowa	March 11, 1998 2 p.m.
Pupil transportation, 43.15 IAB 2/11/98 ARC 7796A	State Board Room Grimes State Office Bldg. Des Moines, Iowa	March 11, 1998 1 p.m.
ENVIRONMENTAL PROTECTION COMMISSION[567]
State revolving fund loans for wastewater treatment, 92.3 to 92.8, 92.10 IAB 2/11/98 ARC 7824A	Conference Room--4th Floor Wallace State Office Bldg. Des Moines, Iowa	March 3, 1998 10 a.m.
HUMAN SERVICES DEPARTMENT[441]
Home- and community-based (HCBS) MR and brain injury waiver programs, 77.37(12), 77.39(10), 79.1, 83.67(9) IAB 2/11/98 ARC 7806A	Conference Room--6th Floor Iowa Bldg., Suite 600 411 Third St. S.E. Cedar Rapids, Iowa	March 6, 1998 1 p.m.
	Lower Level 417 E. Kanesville Blvd. Council Bluffs, Iowa	March 4, 1998 9 a.m.
HUMAN SERVICES DEPARTMENT[441] (Cont'd)	Conference Room 3--5th Floor Bicentennial Bldg. 428 Western Davenport, Iowa	March 5, 1998 12:30 p.m.
	Conference Room 104 City View Plaza 1200 University Des Moines, Iowa	March 4, 1998 10 a.m.
	Liberty Room Mohawk Square 22 N. Georgia Ave. Mason City, Iowa	March 5, 1998 11:30 a.m.
	Conference Room 2 120 E. Main Ottumwa, Iowa	March 4, 1998 1 p.m.
	Fifth Floor 520 Nebraska St. Sioux City, Iowa	March 5, 1998 10 a.m.
	Conference Room 220 Pinecrest Office Bldg. 1407 Independence Ave. Waterloo, Iowa	March 4, 1998 11 a.m.
Managed health care providers, 88.1, 88.3, 88.4, 88.6, 88.10(1), 88.12, 88.41, 88.42(1), 88.46, 88.47(1), 88.48, 88.49, 88.51(3), 88.52 IAB 2/11/98 ARC 7829A	Conference Room--6th Floor Iowa Bldg., Suite 600 411 Third St. S.E. Cedar Rapids, Iowa	March 6, 1998 3 p.m.
	Lower Level 417 E. Kanesville Blvd. Council Bluffs, Iowa	March 4, 1998 11:30 a.m.
	Conference Room 4--5th Floor Bicentennial Bldg. 428 Western Davenport, Iowa	March 5, 1998 8 a.m.
	Conference Room 104 City View Plaza 1200 University Des Moines, Iowa	March 4, 1998 1 p.m.
	Liberty Room Mohawk Square 22 N. Georgia Ave. Mason City, Iowa	March 4, 1998 10 a.m.
	Conference Room 2 120 E. Main Ottumwa, Iowa	March 4, 1998 9 a.m.
	Fifth Floor 520 Nebraska St. Sioux City, Iowa	March 4, 1998 2 p.m.
HUMAN SERVICES DEPARTMENT[441] (Cont'd	Conference Room 403 Pinecrest Office Bldg. 1407 Independence Ave. Waterloo, Iowa	March 4, 1998 10 a.m.
Abuse of children, rescind ch 175, division I; amend 175.21 to 175.27, 175.31 to 175.33, 175.35 to 175.42 IAB 2/11/98 ARC 7808A	Conference Room--6th Floor Iowa Bldg., Suite 600 411 Third St. S.E. Cedar Rapids, Iowa	March 6, 1998 10 a.m.
	Lower Level 417 E. Kanesville Blvd. Council Bluffs, Iowa	March 4, 1998 10 a.m.
	Conference Room 3--5th Floor Bicentennial Bldg. 428 Western Davenport, Iowa	March 5, 1998 10 a.m.
	Conference Room 100 City View Plaza 1200 University Des Moines, Iowa	March 4, 1998 9 a.m.
	Liberty Room Mohawk Square 22 N. Georgia Ave. Mason City, Iowa	March 5, 1998 11 a.m.
	Conference Room 2 120 E. Main Ottumwa, Iowa	March 4, 1998 11 a.m.
	Fifth Floor 520 Nebraska St. Sioux City, Iowa	March 4, 1998 1 p.m.
	Conference Room 220 Pinecrest Office Bldg. 1407 Independence Ave. Waterloo, Iowa	March 4, 1998 10:30 a.m.
INSPECTIONS AND APPEALS DEPARTMENT[481]
Construction in hospitals, 51.50, 51.51 IAB 2/25/98 ARC 7845A	Conference Room--3rd Floor Side Two Lucas State Office Bldg. Des Moines, Iowa	March 17, 1998 11 a.m.
LABOR SERVICES DIVISION[347]
General industry safety and health, 10.20 IAB 2/11/98 ARC 7826A	Division of Labor Services 1000 E. Grand Ave. Des Moines, Iowa	March 5, 1998 9 a.m. (If requested)
Construction safety and health, 26.1 IAB 2/11/98 ARC 7827A	Division of Labor Services 1000 E. Grand Ave. Des Moines, Iowa	March 5, 1998 9 a.m. (If requested)
PERSONNEL DEPARTMENT[581]
Pay, ch 4, 8.6, 8.12, 10.3 IAB 2/25/98 ARC 7842A	North Conference Room--1st Floor Grimes State Office Bldg. Des Moines, Iowa	March 17, 1998 10 a.m.
Benefits--deferred compensation, 15.6, 15.13 IAB 2/11/98 ARC 7810A	South Conference Room--1st Floor Grimes State Office Bldg. Des Moines, Iowa	March 4, 1998 1 p.m.
PROFESSIONAL LICENSURE DIVISION[645]
Barber examiners, 20.101, 20.102(3), 20.106, 20.214(5), 21.1, 21.2, 21.4, 21.5, 21.7, 21.14, 29.14 IAB 2/25/98 ARC 7847A	Conference Room--4th Floor Side One Lucas State Office Bldg. Des Moines, Iowa	March 19, 1998 9 to 11 a.m.
Physical therapist assistants, 202.3(5), 202.4(7), 202.6, 202.9 to 202.11, 202.13, 202.19 to 202.26 IAB 2/11/98 ARC 7820A	Conference Room--4th Floor Lucas State Office Bldg. Des Moines, Iowa	March 3, 1998 11 a.m. to 1 p.m.
PUBLIC HEALTH DEPARTMENT[641]
AIDS, 1.2(1) IAB 2/11/98 ARC 7818A (ICN Network)	Scott Community College Room 210 500 Belmont Rd. Bettendorf, Iowa	March 9, 1998 10 a.m.
	University of Northern Iowa Schindler Hall, Room 130C Hudson Rd. and 23rd St. Cedar Falls, Iowa	March 9, 1998 10 a.m.
	Trinity Hospital Mobile Classroom 802 Kenyon Rd. Fort Dodge, Iowa	March 9, 1998 10 a.m.
	Public Health Department--3rd Floor Lucas State Office Bldg. Des Moines, Iowa	March 9, 1998 10 a.m.
REGENTS BOARD[681]
Admission fees at state universities, 1.1, 1.2 IAB 2/11/98 ARC 7800A	Conference Room--1st Floor West Old Historical Bldg. E. 12th and Grand Ave. Des Moines, Iowa	March 3, 1998 4 p.m.
SECRETARY OF STATE[721]
Constitutional amendment on ballot--general election, 21.200(4) IAB 2/25/98 ARC 7846A	Office of the Secretary of State Second Floor Hoover State Office Bldg. Des Moines, Iowa	March 20, 1998 1:30 p.m.
TRANSPORTATION DEPARTMENT[761]
Motor vehicle records-- privacy protection, 415.3, 415.4 IAB 2/11/98 ARC 7795A	Conference Room--Lower Level Park Fair Mall 100 Euclid Ave. Des Moines, Iowa	March 5, 1998 10 a.m. (If requested)
Motor carriers--hazardous materials, 520.1(1)"a" and "b" IAB 2/25/98 ARC 7830A	Conference Room--Lower Level Park Fair Mall 100 Euclid Ave. Des Moines, Iowa	March 19, 1998 10 a.m. (If requested)

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

"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]

Pursuant to the authority of Iowa Code sections 159.5(11) and 163.1, the Iowa Department of Agriculture and Land Stewardship hereby gives Notice of Intended Action to amend Chapter 64, "Infectious and Contagious Diseases," Iowa Administrative Code.

This amendment is intended to clarify that employees or contractors with the Iowa Department of Agriculture and Land Stewardship or the United States Department of Agriculture may enter into the premises of a slaughter facility in Iowa for the purpose of obtaining blood samples from animals confined at or being slaughtered at the facility to determine whether the animals are infected with an infectious or contagious disease. This amendment has been requested by the Iowa Pseudorabies Advisory Committee.

Any interested person may make written suggestions or comments on the proposed amendment on or before 4:30 p.m. on March 17, 1998. Such written material should be directed to Dr. Walter D. Felker, State Veterinarian, Iowa Department of Agriculture and Land Stewardship, Wallace State Office Building, Des Moines, Iowa 50319.

This amendment was also Adopted and Filed Emergency and is published herein as ARC 7832A. The content of that submission is incorporated by reference.

This amendment is intended to implement Iowa Code chapter 163.

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%

November 1, 1997 -- November 30, 1997 6.95%

December 1, 1997 -- December 31, 1997 7.10%

January 1, 1998 -- January 31, 1998 7.00%

February 1, 1998 -- February 28, 1998 7.05%

ARC 7850A

Pursuant to the authority of Iowa Code section 542B.6, the Engineering and Land Surveying Examining Board hereby gives Notice of Intended Action to amend Chapter 1, "Administration," Iowa Administrative Code.

These amendments will allow for a deviance from the stringency of the current tutelage requirement and will dissuade licensees from altering the wording on the certificate of responsibility.

Any interested person may make written or oral suggestions or comments on these proposed amendments on or before March 17, 1998. Comments should be directed to Gleean Coates, Executive Secretary, Iowa Engineering and Land Surveying Examining Board, 1918 S.E. Hulsizer Road, Ankeny, Iowa 50021, or by telephoning (515) 281-7360.

These amendments are intended to implement Iowa Code sections 542B.14 and 542B.20.

The following amendments are proposed.

ITEM 1. Amend rule 193C--1.4(542B) by adding the following new numbered paragraph "5":

5. References. An applicant for a Principles and Practice Examination or for licensure by comity shall submit five references, at least three of which shall be from licensed professional engineers or land surveyors as appropriate on forms provided by the board. At least two of the references shall be from a supervisor of the applicant.

ITEM 2. Amend subrule 1.4(2) as follows:

1.4(2) Practical experience requirements. Practical engineering or land surveying experience is required prior to licensing. The purpose of such requirement is to ensure that the applicant has acquired the professional judgment, capacity and competence to design engineering works, structures, and systems or to determine land boundaries. The following guidelines will be considered by the board in determining whether an applicant's experience satisfies the statutory requirements.

a. Quality. Experience should be of such quality as to demonstrate that the applicant has developed technical skill and initiative in the correct application of surveying or engineering principles. Such experience further should demonstrate the capacity to review the applications of these principles by others and to assume responsibility for surveying or engineering work of professional character. To be readily acceptable, an applicant's experience should be under the tutelage of a professional engineer or land surveyor.

An applicant, who is an engineer intern and whose tutelage or portion of tutelage has not been under a licensed professional engineer, must submit a cover letter to the board requesting consideration of such experience along with the application. The applicant shall also submit a letter of reference from the applicant's supervisor(s). The letter of reference shall assess the applicant's performance, development, integrity, and ability to assume responsible charge and shall contain a description of the supervisor's background in education and experience and the nature of the tutelage provided to the applicant. The board may require the applicant to submit additional letters of reference or other evidence of suitable tutelage. The board may require an oral interview with the applicant or other evidence to verify the applicant's knowledge and experience in the principles and practice of engineering. The board may conduct interviews with persons providing tutelage to the applicant.

b. to e. No change.

ITEM 3. Amend subrule 1.30(4), introductory paragraph and first sample, as follows:

1.30(4) Each engineering or land surveying document submitted to a client or any public agency, hereinafter referred to as the official copy (or official copies), shall contain an information block on its first page or on an attached cover sheet for application of a seal by the licensee in responsible charge and an information block for application of a seal by each professional consultant contributing to the submission. The seal and original signature shall be applied only to a final submission. Each official copy (or official copies) of a submission shall be stapled, bound or otherwise attached together so as to clearly establish the complete extent of the submission. Each certification block shall display the seal of the licensee and shall designate the portion of the submission for which that licensee is responsible, so that responsibility for the entire submission is clearly established by the combination of the stated seal responsibilities. The engineering certification block will substantially shall conform to the sample shown below:

SEAL

I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. (signature) (date) Printed or typed name My license renewal date is December 31, ____________. Pages or sheets covered by this seal:

ARC 7840A

Pursuant to the authority of Iowa Code section 225C.6, the Department of Human Services proposes to amend Chapter 39, "Mental Illness Special Services Fund," appearing in the Iowa Administrative Code.

These amendments implement the following changes to policy governing grants for homeless persons with mental illness under the state grant program and the Stewart B. McKinney Homeless Assistance Act:

* The cost of engineering and legal expenses incidental to determining the feasibility or practicability of acquiring or constructing a project and initial staffing costs are no longer allowed because of limited funding.

* The requirement for a written letter of endorsement from the MH/DD Regional Planning Council is changed to a letter of endorsement from the Central Point of Coordination Administrator in counties. The MH/DD Regional Planning Councils are no longer required under Iowa law.

* Potential applicants are allowed to use a facsimile (telephone fax letter) or other methods when submitting notices of intent to apply for grant funds.

* In addition, minor language changes are made to clarify certain parts of the rules and the name of the application form is revised.

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 March 18, 1998.

These amendments are intended to implement Iowa Code chapter 225C.

The following amendments are proposed.

ITEM 1. Amend rule 441--39.21(225C), definitions of "Applicant," "Community living arrangements," and "Construction and start-up costs," as follows:

"Applicant" means a county board of supervisors from a single county or combination of counties or a person or other entity approved in writing by a county or multicounty board of supervisors unit of local government, public housing agency, or private nonprofit organization.

"Community living arrangements" means an array of new living environments found in the community that provide to which varying levels of support which are determined are provided based on an individual's level of need and personal choice.

"Construction and start-up costs" includes costs associated with rehabilitation or renovation of an existing structure to meet the intent and purpose of this program. It also includes the cost of acquisition of all land, rights-of-way, property rights, easements, franchise rights, and interests required for acquisition, construction, or both. Cost also means the cost of engineering, legal expenses incidental to determining the feasibility or practicability of acquiring or constructing a project. It also means other expenses incidental to the acquisition or construction of a project, the financing or the acquisition or construction, including the amount authorized in the special services fund for the purposes of this program and the financing of the placing of a project in operation, and the expense of other eligible project activities including initial staffing costs. Initial staffing costs are limited to a maximum of 60 days. Start-up costs may also include: rental assistance per usage permitted under the Stewart B. McKinney Homeless Assistance Act (39.29(7 8)f); security, damage, and rental deposits; utility deposits; or similar costs associated with procuring a living arrangement from a private landlord. Limitations for the usage of funds to pay for these start-up activities will be defined for fund recipients by the division in order to best meet the intentions of the program.

Further amend rule 441--39.21(225C) by adding the following new definition in alphabetical order:

"Central point of coordination administrator" means CPC administrator as defined at rule 441--25.11(225C).

ITEM 2. Amend rule 441--39.23(225C) as follows:

Amend subrule 39.23(1) as follows:

39.23(1) Grant cycle. The administrator will announce through public notice the opening of an application period. Applicants Potential applicants for grants shall submit first a letter notice of intent to apply and then a grant proposal by the deadlines specified in the public notice.

Amend subrule 39.23(2), introductory paragraph, as follows:

39.23(2) Letter Notices of intent. Letters Notices of intent, in printed, hard copy form, should be no longer than two typed pages and must:

Amend subrule 39.23(3) as follows:

39.23(3) Review of letters notices of intent. Only letters notices of intent received by the deadline specified in the public notice will be considered. Facsimile submittals will not be considered. Notices of intent may be sent to the department using methods that will produce a printed copy, e.g., hard copy delivered by a postal or other carrier, electronic mail documents that may be printed from the receiving computer, or a facsimile machine that produces a printed copy of the document. Verbal notices of intent shall not be considered. The sender assumes all risk for the delivery of the notice of intent to the destination and by the deadline published in the public notice regardless of the method used. Applicants shall be given a written acknowledgment of receipt of the letter notice of intent which may include comments on the project if the intent shows a lack of understanding of program requirements. The administrator shall have the discretion to amend the letter notice of intent content requirements for any given grant application period.

Amend subrule 39.23(4), introductory paragraph and paragraphs "g" and "h," as follows:

39.23(4) State grant proposal. Applicants for the construction and start-up funds shall submit the proposal to the administrator on Form 470-2773, Application for Construction and Start-Up Grant Funds to Develop Community Living Arrangements for Homeless Persons with Mental Illness. If a proposal does not contain all the information specified in the application package including the original application and the required number of copies of the application or if it is received after the submittal deadline, the proposal shall be denied for review. The application content length shall not exceed 15 pages excluding appendices. Proposals that exceed these page limitations shall be denied for excluded from the competitive review process. Only hard copies of the application will be accepted. Facsimile and other nonhard copy submittals shall be denied for review. The administrator shall have the discretion to amend the grant proposal content requirements for any given grant application period. Applications shall contain the following information:

g. A letter of endorsement from the planning council central point of coordination administrator of the county or counties in which the project will occur. This letter shall nominate the project for construction and start-up funding. For a statewide project, a letter is required only from the planning council central point of coordination administrator of the county of the applicant.

h. Six letters of support from agencies or individuals stating familiarity with the proposed project and substantiating the experience of the applicant to conduct the proposed project. These letters should be authored by a diverse group including professional or service provider organizations, local government and housing officials, advocates for persons to be served by the project, and service consumers and their family members. A minimum of one letter each must be from:

(1) individuals or organizations Consumer organizations or mental health service consumers that represent Iowa consumers of mental health services.

(2) and Family member organizations or individuals or organizations that represent family members of persons with mental illness.

Further amend subrule 39.23(4) by rescinding and reserving paragraph "p."

Amend subrule 39.23(6) as follows:

39.23(6) Notification. Notification of acceptance or denial of the proposal will be sent to each applicant within ten working days of receipt after the application due date.

ITEM 3. Amend rule 441--39.29(225C) as follows:

Amend subrule 39.29(1) as follows:

39.29(1) Applicants for the Stewart B. McKinney funds. The applicants for the Stewart B. McKinney Homeless Assistance Act funds include states, Indian tribes, metropolitan cities, public housing agencies, counties, governmental agencies, private nonprofit organizations, or community mental health organizations that are public nonprofit organizations. The United States Department of Housing and Urban Development (HUD) defines the requirements of all applications. In order to ensure that applicants that wish to use state funds to meet Stewart B. McKinney Homeless Assistance Act application match requirements meet the HUD and state criteria, the division shall screen all applications before endorsing them. Federal regulations and other state criteria pertaining to Stewart B. McKinney programs shall be the bases for the state's screening process.

Amend subrule 39.29(5), paragraphs "a" and "e," as follows:

a. A written letter of endorsement by the planning council central point of coordination administrator of the county(ies) in which the proposed project will occur. This letter shall nominate the applicant and project for consideration by the department.

e. A minimum of six letters of support from agencies or individuals stating familiarity with the proposed project and substantiating the experience of the applicant to conduct the proposed project. These letters should be authored by a diverse group including professional or service provider organizations, local government and housing officials, advocates for the population group, and service consumers and their family members. A minimum of one letter each must be from:

(1) individuals or organizations Consumer organizations or mental health service consumers that represent Iowa consumers of mental health services.

(2) and Family member organizations or individuals or organizations that represent family members of persons with mental illness.

ARC 7841A

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend Chapter 78, "Amount, Duration and Scope of Medical and Remedial Services," appearing in the Iowa Administrative Code.

These amendments revise the prior authorization requirements for nonsedating antihistamines. The number of unsuccessful trials on a sedating antihistamine required for prior authorization for a nonsedating antihistamine to be approved is lowered from two to one for persons 20 years of age and younger.

This change was suggested by medical professionals and others and approved by the Medicaid Drug Utilization Review Commission as being more representative of current medical practice.

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 March 18, 1998.

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

The following amendments are proposed.

ITEM 1. Amend subrule 78.1(2), paragraph "a," subparagraph (3), twenty-first unnumbered paragraph, as follows:

Prior authorization is required for all nonsedating antihistamines. Patients 21 years of age and older must have received two unsuccessful trials with other covered antihistamines (chlorpheniramine or diphenhydramine) or unless evidence must be is provided that the use of these agents would be medically contraindicated, prior to the utilization of the nonsedating antihistamines. Patients 20 years of age and younger must have received one unsuccessful trial with another covered antihistamine (chlorpheniramine or diphenhydramine) unless evidence is provided that the use of these agents would be medically contraindicated, prior to the utilization of the nonsedating antihistamines. (Cross-reference 78.28(1)"d"(7))

ITEM 2. Amend subrule 78.28(1), paragraph "d," subparagraph (7), as follows:

(7) Prior authorization is required for all nonsedating antihistamines. Patients 21 years of age and older must have received two unsuccessful trials with other covered antihistamines (chlorpheniramine or diphenhydramine) or unless evidence must be is provided that the use of these agents would be medically contraindicated, prior to the utilization of the nonsedating antihistamines. Patients 20 years of age and younger must have received one unsuccessful trial with another covered antihistamine (chlorpheniramine or diphenhydramine) unless evidence is provided that the use of these agents would be medically contraindicated, prior to the utilization of the nonsedating antihistamines.

ARC 7843A

Pursuant to the authority of Iowa Code section 10A.104(5), the Department of Inspections and Appeals gives Notice of Intended Action to amend Chapter 10, "Contested Case Hearings," Iowa Administrative Code.

The proposed amendment implements provisions of recently enacted legislation, 1997 Iowa Acts, chapter 104, which revised the procedure for the collection of fees for hearings conducted for the Department of Transportation. The hearing fee previously paid by the applicant for a motor carrier certificate is now to be shared equally between the applicant and any persons objecting to the granting of a certificate.

Interested persons may make written comments or suggestions on the proposed amendment on or before March 17, 1998. Written materials should be addressed to the Director, Department of Inspections and Appeals, Lucas State Office Building, Des Moines, Iowa 50319-0083; fax (515)242-6863.

This amendment was also Adopted and Filed Emergency and is published herein as ARC 7844A. The purpose of this Notice is to solicit comment on that submission, the subject matter of which is incorporated by reference.

This amendment is intended to implement Iowa Code Supplement chapter 325A.

ARC 7845A

Pursuant to the authority of Iowa Code section 135B.7, the Department of Inspections and Appeals gives Notice of Intended Action to amend Chapter 51, "Hospitals," Iowa Administrative Code.

These amendments update language to reflect current codes and standards of practice relating to construction in hospitals.

Interested persons may make written comments or suggestions on the proposed amendments on or before March 17, 1998. Written materials should be addressed to the Director, Department of Inspections and Appeals, Lucas State Office Building, Des Moines, Iowa 50319-0083; fax (515)242-6863.

A public hearing will be held on March 17, 1998, at 11 a.m., Side 2, Third Floor Conference Room, Lucas State Office Building, East 12th and Grand Avenue, Des Moines, Iowa. Persons may present their views orally or in writing at the public hearing.

These amendments are intended to implement Iowa Code chapter 135B.

The following amendments are proposed.

ITEM 1. Amend rule 481--51.50(135B), introductory paragraph, as follows:

481--51.50(135B) Minimum standards for construction after January 26, 1994, and prior to [insert effective date of new rule 481--51.51(135B)]. Hospitals and off-site premises licensed under this chapter shall be built in accordance with these construction requirements. These rules apply to plans approved by the state fire marshal or local authority having jurisdiction after January 26, 1994, and prior to [insert effective date of new rule 481--51.51(135B)], 1998, for new construction, renovations, additions, functional alterations, or changes in utilization to existing facilities.

ITEM 2. Amend 481--Chapter 51 by adding the following new rule:

481--51.51(135B) Minimum standards for construction after (insert effective date of this rule). Hospitals and off-site premises licensed under this chapter shall be built in accordance with these construction requirements. These rules apply to plans approved by the state fire marshal or local authority having jurisdiction after (insert effective date of this rule), for new construction, renovations, additions, functional alterations, or changes in utilization to existing facilities.

51.51(1) Variances. Certain patient populations, conditions in the area, or the site may justify variances. In specific cases, variances to the rules may be granted by the director of the Iowa department of inspections and appeals after the following conditions are met:

a. The design and planning for the specific property shall offer improved or compensating features which provide equivalent desirability and utility;

b. Alternate or special construction methods, techniques, and mechanical equipment shall offer equivalent durability, utility, safety, structural strength and rigidity, sanitation, odor control, protection from corrosion, decay and insect attack, and quality of workmanship;

c. The health, safety or welfare of any patient shall not be endangered;

d. Variations are limited to the specific project under consideration and shall not be construed as establishing a precedent for similar acceptance in other cases;

e. Occupancy and function of the building shall be considered; and

f. Type of licensing shall be considered.

51.51(2) General requirements. Hospitals shall comply with the following guidelines and codes in the development of their building plans and construction of their facilities:

a. "Guidelines for Design and Construction of Hospital and Medical Care Facilities," 1996-97 edition, The American Institute of Architects Academy of Architecture for Health with assistance from the U.S. Department of Health and Human Services.

b. "The Model Energy Code," 1992 edition, Council of American Building Officials.

c. Special design considerations for persons with disabilities (patients, staff, and visitors) American National Standards Institute No. A117.1 and the Americans with Disabilities Act, Titles II and III.

d. State Building Code, 1997 edition.

51.51(3) Life safety. Facilities and construction shall be in accordance with National Fire Protection Association (NFPA) Standard 99 (Standards for Health Care Facilities--1996 edition), Standard 101 (Life Safety Code--1985 edition), and rules of local authorities. Facilities and construction shall be approved by the state fire marshal or local authority having jurisdiction.

51.51(4) Elevator requirements.

a. All facilities where either resident beds or other facilities for patients are not located on the first floor shall have electric or electrohydraulic elevators. The first floor is the floor first reached from the main front entrance.

b. Elevators shall comply with division of labor services rules as promulgated under Iowa Code chapter 89A and 347--Chapters 71 to 77.

51.51(5) Plumbing requirements. All plumbing and other pipe systems shall be designed and installed in accordance with the requirements of the Iowa Plumbing Code, 1996 edition, and applicable provisions of local ordinances.

51.51(6) Mechanical requirements. Steam and hot water heating and domestic water heating systems shall comply with division of labor services rules promulgated under Iowa Code chapter 89 and 875--Chapters 204 to 209.

51.51(7) Electrical requirements. All electrical and electronic systems shall comply with NFPA Standard 70 National Electrical Code, 1996 edition.

51.51(8) Radiology suite. The suite shall be designed and equipped in accordance with the following references:

a. National Council on Radiation Protection and Measurements Reports (NCRP), Nos. 33 and 49.

b. Iowa department of public health 641--Chapters 38 to 41.

51.51(9) Waste processing services--storage and disposal. In lieu of the waste processing service requirements in the "Guidelines for Design and Construction of Hospital and Medical Care Facilities" in paragraph 51.51(2)"a," space and facilities shall be provided for the sanitary storage and disposal of waste by incineration, mechanical destruction, compaction, containerization, removal or a combination of these techniques. These techniques must comply with the following environmental protection commission rules: rules 567-- 64.2(455B) and 64.3(455B); solid waste requirements of rules 567--101.1(455B,455D), 102.1(455B), 104.1(455B), and 567--Chapters 106, 118 and 119; and air quality requirements of 567--subrules 22.1(1) and 23.4(12).

51.51(10) Codes and standards. See 481--subrule 51.50(10).

ARC 7842A

Pursuant to the authority of Iowa Code section 19A.19, the Department of Personnel proposes to rescind Chapter 4, "Pay," and adopt a new Chapter 4 with the same title, and to amend Chapter 8, "Appointments," and Chapter 10, "Promotion, Transfer, Temporary Assignment, Reassignment and Voluntary Demotion," Iowa Administrative Code.

All issues dealing with pay are consolidated in Chapter 4. Chapter 4 will provide agencies with greater flexibility in making pay decisions. The incorporation of pay issues from Chapters 8 and 10 into Chapter 4 will enable all users to find rules in their correct subject matter area for ease of readability.

Consideration will be given to all written suggestions and comments on the proposed amendments on or before March 17, 1998. Such written materials should be sent to the Assistant to the Director, Department of Personnel, Grimes State Office Building, Des Moines, Iowa 50319-0150; fax (515) 242-6450.

Also, there will be a public hearing on March 17, 1998, at 10 a.m. in the North Conference Room, Grimes State Office Building, First Floor, Des Moines, Iowa, at which time persons may present their views.

These amendments are intended to implement Iowa Code section 19A.9.

The following amendments are proposed.

ITEM 1. Rescind 581--Chapter 4 and adopt the following new chapter in lieu thereof:

581--4.2(19A) Pay plan content. Pay plans shall have numbered pay grades showing minimum and maximum salaries and intermediate salary steps, if applicable.

581--4.3(19A) Pay plan review and amendment. The director shall review pay plans at least annually and, taking into account the results of collective bargaining and other factors, may adjust pay ranges or reassign classes to different pay grades.

581--4.4(19A) Pay administration.

4.4(1) Employees. The director shall assign classes to pay plans and grades and shall assign employees to classes. Employees shall be paid either at one of the established steps or at a rate between the minimum and maximum of the pay grade of the class to which assigned. Pay decisions shall be at the discretion of the appointing authority, unless otherwise provided for in this chapter or by the director.

4.4(2) Appointed officials. Unless otherwise provided for in the Iowa Code or these rules, the staff of the governor, full-time board and commission members, department directors, deputy directors, division administrators, independent agency heads and others whose appointments are provided for by law or who are appointed by the governor may be granted pay increases of any amount at any time within the pay grade of the class or position to which appointed.

4.4(3) Total compensation. An employee shall not receive any pay other than that provided for the discharge of assigned duties, unless employed by the state in another capacity or specifically authorized in the Iowa Code, an Act of the general assembly or these rules.

4.4(4) Part-time employment. Pay for part-time employment shall be proportionate to full-time employment and based on hourly rates.

4.4(5) Effective date of changes. All pay changes shall be effective on the first day of a pay period, unless otherwise approved by the director. Original appointments, reemployment and reinstatements shall be effective on the employee's first day of work.

4.4(6) General pay increases. The director shall administer general pay increases for employees that have been authorized by the legislature and approved by the governor. An employee in a noncontract class whose pay has been red-circled above the maximum pay rate of the class to which assigned shall not receive a general pay increase, unless specifically authorized by the Acts of the general assembly or otherwise provided for in these rules.

4.4(7) Pay corrections. An employee's pay shall be corrected if it is found to be in violation of these rules or a collective bargaining agreement. If the correction is the result of an error or omission, the pay may be corrected within 12 pay periods following the date the employee's pay was incorrectly set or the transaction that should have occurred was omitted. Corrections shall be made on the first day of a pay period.

a. Retroactive pay. An employee may receive retroactive pay for a period of up to 90 calendar days preceding the date the error was corrected or the omission occurred. Requests for retroactive pay beyond 90 calendar days or which extend into a previous fiscal year must be submitted to the state appeal board.

b. Overpayment and underpayment. If an error results in an employee's being overpaid for wages, except for FICA, state and federal income taxes and IPERS contributions shall be collected. Also, premiums for health, dental and life insurance benefits that have been underpaid shall be subject to collection. An employee may choose to repay the amount from wages in the pay period following discovery of the error, have the overpayment deducted from succeeding pay periods not to exceed the number of pay periods during which the overpayment occurred, or the employee or appointing authority may submit an alternate repayment plan to the director. The director shall notify the appointing authority of the decision on the alternate repayment plan. The appointing authority shall submit the repayment plan on forms prescribed by the department beginning with the document correcting the employee's pay. If the employee terminates, the amount remaining shall be deducted from wages, vacation payout, applicable sick leave payout and any wage correction payback from IPERS.

581--4.5(19A) Appointment rates.

4.5(1) An employee shall be paid at the minimum pay rate for the class to which appointed, except in the following instances:

a. Individual advanced rate. For new hires or promotions and upward reclassifications of employees in contract classes, the appointing authority may grant steps or pay rates in excess of the minimum pay for a class when the employee possesses qualifying education and experience that exceed the minimum qualifications required for the class. Advanced appointment rates that exceed the midpoint of the pay range shall first be submitted to the director for review. All employees possessing equivalent qualifications in the same class and with the same appointing authority may be adjusted to the advanced rate.

b. Blanket advanced rate. If there is a scarcity of applicants, an appointing authority may submit a written request to the director documenting the economic or employment conditions that make employment at the minimum pay rate for a class unlikely. The director may authorize appointments beyond the minimum rate for the class as a whole or in a specific geographical area. All current employees and new or promoted employees under the same conditions and in the same class shall be paid the higher rate. This rate shall remain in effect until rescinded by the director.

c. Trainee. The director may authorize trainee appointments below the minimum pay rate for a class as provided for in rule 581--8.9(19A). Pay shall be set one step or 5 percent below the minimum rate for each semester or equivalent amount of training the appointee lacks in meeting the minimum qualifications for the class to which appointed. Pay increases shall be automatic and coincide with the successful completion of each semester or additional equivalent amounts of training.

d. Internship. If an appointment is made to the administrative intern or transportation engineer intern class, the employee may be paid from the lowest pay rate in the pay plan to which the class is assigned up to 15 percent above the minimum of the pay grade for the class.

e. Emergency, intermittent and seasonal. If an appointment is made to a class on an emergency, intermittent or seasonal basis, the employee may be paid at any rate within the pay grade of the pay plan to which the class is assigned.

f. Overlap. If an appointment is made on an overlap basis, the employee shall be paid in accordance with this subrule. See rule 581--8.12(19A).

581--4.6(19A) Payroll transactions.

4.6(1) Pay at least at minimum. If a transaction results in an employee's being paid from a different pay plan or pay grade, the employee shall be paid at least the minimum pay rate of the class to which assigned, except as provided in paragraphs "c" and "d" of subrule 4.5(1).

4.6(2) Pay not to exceed maximum. If a transaction results in an employee's being paid from a different pay plan or pay grade, the employee's pay shall not exceed the maximum pay rate of the class to which assigned, except as provided in subrule 4.6(3) or 4.6(13) or rule 4.8(19A).

4.6(3) Red-circling. If the pay of an employee in a noncontract class exceeds the maximum pay for the class to which assigned, the employee's pay may be maintained (red-circled) above the maximum for up to one year. Requests to change the time period or the red-circled rate must first be submitted to the director for approval. If approved, the appointing authority shall notify the employee in writing of any changes in the time period and the pay. If an employee's classification or agency changes, a request to rescind the red-circling may be submitted by the appointing authority to the director for approval. The director may also require red-circling in certain instances.

4.6(4) Pay plan changes. If a transaction results in an employee's being paid from a pay plan without steps, the employee shall be paid at the employee's current pay rate, except as provided in subrules 4.6(1) and 4.6(2). When the transaction results in an employee's being paid from a pay plan with steps, the employee shall be paid at a step in the pay plan that is closest to but not less than the employee's current pay rate, except that for demotions the employee's pay shall be at the discretion of the appointing authority so long as it is not greater than it was prior to the demotion. For setting eligibility dates, see subrule 4.7(5).

4.6(5) Pay grade changes. If a transaction results in an employee in a noncontract class being paid in a higher pay grade, the employee's pay may be increased by up to 5 percent for each grade above the employee's current pay grade, except as provided in subrules 4.6(1) and 4.6(2). The implementation of pay grade changes for employees in contract classes shall be negotiated with the applicable collective bargaining representative. For setting eligibility dates, see subrule 4.7(5).

4.6(6) Promotion. For setting eligibility dates, see subrule 4.7(5).

a. Noncontract classes. If an employee is promoted to a noncontract class, the employee may be paid at any rate in the pay grade of the pay plan to which the employee's new class is assigned, except as provided in subrules 4.6(1) and 4.6(2).

b. Contract classes. If an employee is promoted to a contract class without steps, the employee shall receive a 5 percent pay increase. If promoted to a contract class with steps, the employee shall receive a one-step pay increase, except as provided in subrules 4.6(1), 4.6(2) and 4.6(4).

c. Leadworker. If an employee who is receiving additional pay for leadworker duties is promoted, the pay increase shall be calculated using the employee's new base pay plus the leadworker pay.

4.6(7) Demotion. If an employee demotes voluntarily or is disciplinarily demoted, the employee may be paid at any step or pay rate that does not exceed the employee's pay at the time of demotion, except as provided in subrules 4.6(1), 4.6(2) and 4.6(4). For setting eligibility dates, see subrule 4.7(5).

4.6(8) Transfer. If an employee transfers under these rules to a different class, the employee shall be paid at the employee's current pay rate, except as provided in subrules 4.6(1), 4.6(2) and 4.6(4).

4.6(9) Reclassification. If an employee's position is reclassified, the employee shall be paid as provided for in subrule 4.6(6), 4.6(7) or 4.6(8), whichever is applicable. For setting eligibility dates, see subrule 4.7(5).

4.6(10) Return from leave. If an employee returns from an authorized leave, the employee shall be paid at the same step or pay rate as prior to the leave, including any pay increases to which the employee would have been eligible if not on leave, except as provided for in subrules 4.6(1) and 4.6(2). For setting eligibility dates, see subrule 4.7(5).

4.6(11) Recall. If an employee is recalled in accordance with 581--subrule 11.3(6), the employee shall be paid at the same step or pay rate as when laid off or bumped, except as provided in subrules 4.6(1) and 4.6(2). For setting eligibility dates, see subrule 4.7(5).

4.6(12) Reinstatement. If an employee is reinstated in accordance with rule 581--8.6(19A), the employee may be paid at the same step or pay rate as when separated, including any pay grade, pay plan, class or general salary increases, except as provided in subrules 4.6(1), 4.6(2) and 4.6(4). For setting eligibility dates, see subrule 4.7(5).

4.6(13) Change of duty station. If an employee is promoted, reassigned or voluntarily demoted at the convenience of the appointing authority and a change in duty station beyond 25 miles is required, the employee may receive a one-step or up to 5 percent pay increase. The pay may exceed the maximum pay for the class to which assigned. Notice must first be given to the director. Subsequent changes in duty station may result in the additional pay being removed.

581--4.7(19A) Within grade increases.

4.7(1) General. An employee may receive a periodic step or percentage increase in base pay that is within the pay grade and pay plan of the class to which assigned upon completion of a minimum pay increase eligibility period.

a. Pay increase eligibility periods. The minimum pay increase eligibility period for employees paid from pay plans without steps shall be 52 weeks, except that it shall be 26 weeks for new hires and employees who receive an increase in base pay as a result of a promotion, reclassification or pay grade change. Minimum pay increase eligibility periods for employees paid from pay plans with steps shall be the number of weeks in the pay plan that corresponds to the employee's step.

b. Noncreditable periods. Except for required educational and military leave, periods of leave without pay exceeding 30 calendar days shall not count toward an employee's pay increase eligibility period.

c. Reduction of time periods. The director may authorize a reduction in pay increase eligibility periods for classes where there are unusual recruitment and retention circumstances.

4.7(2) Noncontract classes. An employee in a noncontract class may be given any amount of within grade pay increase up to the maximum pay rate for the employee's class. The pay increase shall be at the beginning of the pay period following completion of the employee's prescribed minimum pay increase eligibility period and shall not be retroactive, except as provided for in subrule 4.4(7).

a. Performance. Within grade pay increases shall be based on performance, and are not automatic, except as provided in paragraph "c" of subrule 4.5(1), and may be delayed beyond completion of the employee's minimum pay increase eligibility period. To be eligible, a within grade pay increase must be accompanied by a current performance evaluation on which the employee received a rating of at least "meets job expectations." Time spent on required educational or military leave shall be considered to "meet job expectations."

b. Lump sum. When budgetary conditions make it infeasible to grant within grade pay increases, an appointing authority may instead grant a lump sum increase. The increase shall not be added to the employee's base pay and shall be allowed only once in a fiscal year. Lump sum pay increases must be requested in writing from the director.

4.7(3) Contract classes. Within grade pay increases for employees in contract classes shall be in accordance with the terms of their collective bargaining agreement.

4.7(4) Certified teachers. Within grade pay increases for employees who are required to possess a current valid teaching certificate with appropriate endorsements and approvals by the Iowa department of education shall be based on length of service, performance and credentials.

4.7(5) Eligibility dates. An employee's pay increase eligibility date shall be set at the time of hire, and if the employee starts on the first working day of the pay period, it shall be the first day of the pay period following completion of the employee's minimum pay increase eligibility period. Otherwise, it shall be the first day of the pay period following the date the employee starts work.

a. General. A new eligibility date shall be set when an employee receives an increase in base pay. The following pay increase eligibility periods shall be used to set these dates.

(1) Fifty-two weeks for employees paid from pay plans without steps, except that for new hires and employees who receive a pay increase as a result of a promotion, reclassification or pay grade change it shall be 26 weeks.

(2) For employees paid from pay plans with steps, it shall be the number of weeks in the pay plan that corresponds to the employee's pay step after the pay increase.

b. Bumping. An employee who is recalled to a class from which the employee was bumped shall have a new eligibility date set if the pay increase eligibility period of the class to which recalled is less than the employee's current pay increase eligibility period.

c. No adjustment for educational or military leave. An employee who returns to work from required educational or military leave shall have the employee's eligibility date restored without adjusting for the period of absence.

d. Adjustments for returning from leave, recall and reinstatement. An employee who returns to work from a recall list or from an authorized leave of absence or who is reinstated shall have the employee's eligibility date restored, but adjusted for the period of absence that exceeds 30 calendar days.

e. Prior service credit. If a transfer or demotion results in an employee's having a longer pay increase eligibility period, credit shall be given for the time served toward completion of the employee's new pay increase eligibility period.

f. Administrative changes. The director may change eligibility dates when economic or other pay adjustments are made to the classification plan or pay plans.

4.7(6) Suspension. If within grade pay increases are suspended by an Act of the general assembly, the rules that provide for such increases shall also be suspended.

581--4.8(19A) Temporary assignments. Requests to provide employees with additional pay for temporary assignments shall first be submitted in writing to the director for review and indicate the reason and period of time required, if applicable. This pay may exceed the maximum for the employee's class. If temporary assignments are terminated or the duties removed, the additional pay shall also end.

4.8(1) Leadworker duty. An employee in a nonsupervisory class who is temporarily assigned duties such as distributing and reviewing work and maintaining attendance or production records may be given additional pay of up to 5 percent.

4.8(2) Special duty. An employee who is temporarily assigned to a vacant position in a class with a higher pay grade may be given additional pay equal to that provided in paragraph "a" or "b" of subrule 4.6(6), whichever is applicable.

4.8(3) Extraordinary duty. An employee who is temporarily assigned higher level duties, including supervisory duties, may be given additional pay in step or percent increments.

4.8(4) Effect on within grade increases. Temporary assignments shall not affect an employee's eligibility for within grade pay increases, and the additional pay amount shall be recalculated whenever a within grade pay increase is granted. The class to which the employee is temporarily assigned shall be controlling for purposes of overtime, shift differential, standby and call back pay.

581--4.9(19A) Special pay.

4.9(1) Shift differential. If an overtime eligible employee in a noncontract class works for an appointing authority whose operations require other than a day shift, the employee shall receive a shift differential if scheduled to work four or more hours between 6 p.m. and 6 a.m. for two or more consecutive workweeks, or is regularly assigned to rotate shifts. The amount of the shift differential shall be determined by the director and paid in cents per hour. There shall be one rate for the 6 p.m. to midnight time period and another higher rate for the midnight to 6 a.m. time period. Employees who work in both time periods shall be paid at the rate applicable to the period in which the majority of their hours are worked. Employees who work equal amounts in both time periods shall be paid at the higher rate. The differential shall be in addition to the employee's regular base pay and shall be paid for all hours in pay status.

Employees in overtime exempt noncontract classes may receive a shift differential if a request is first submitted in writing and approved by the director. Shift differential for employees in contract classes shall be in accordance with the terms of the applicable collective bargaining agreement.

4.9(2) Call back. If an overtime eligible employee in a noncontract class is directed to report to work during unscheduled hours that are not contiguous to the beginning or the end of the employee's assigned shift, the employee shall be paid a minimum of three hours. These hours shall be considered as hours worked for purposes of determining overtime, but shall not count as standby hours if the employee is in standby status. Employees in overtime exempt noncontract classes may be eligible for call back pay, if a request is first submitted in writing and approved by the director.

Call back for employees in contract classes shall be in accordance with the terms of the applicable collective bargaining agreement.

4.9(3) Standby. If an employee in an overtime eligible noncontract class is directed to be on standby after the end of the employee's shift, the employee shall be paid 10 percent of the employee's hourly pay rate for each hour in a standby status. If required to be on standby, an employee shall receive at least one hour of standby pay. Time spent working while on standby shall not count in determining standby pay, nor shall standby hours count for purposes of determining overtime. Employees in overtime exempt classes may be eligible for standby pay if a request is first submitted in writing and approved by the director. Standby for employees in contract classes shall be in accordance with the terms of the applicable collective bargaining agreement.

4.9(4) Discretionary payments. A lump sum payment for exceptional job performance may be given to an employee whenever the appointing authority deems it appropriate. A written explanation setting forth the reasons shall first be submitted to the director.

4.9(5) Recruitment or retention payments. A lump sum payment to a job applicant or an employee may be made for recruitment or retention reasons. A written explanation shall first be submitted in writing to the director.

As a condition of receiving recruitment or retention pay, the recipient must sign an agreement to continue employment with the appointing authority for a period of time following receipt of the payment that is deemed by the appointing authority to be commensurate with the amount of the payment. If the recipient is terminated for cause or voluntarily leaves state employment, the recipient will be required to repay the appointing authority for the proportionate amount of the payment for the time remaining, and it will be recouped from the final paycheck. When the recipient changes employment to another state agency, then a repayment schedule must be approved by the director. Recoupment will be coordinated with the department of revenue and finance to ensure a proper reporting of taxes.

581--4.10(19A) Phased retirement. An employee who participates in the phased retirement program shall receive 10 percent of the employee's regular biweekly pay in addition to being paid for the number of hours the employee works or is in pay status during the pay period. An employee who is on leave without pay during an entire pay period shall not receive the additional 10 percent for that pay period.

581--4.11(19A) Overtime.

4.11(1) Administration. Job classes shall be designated by the director as overtime eligible or overtime exempt.

4.11(2) Eligible job classes. An employee in a job class designated as overtime eligible shall be paid at a premium rate (one and one-half hours) for every hour in pay status over 40 hours in a workweek.

4.11(3) Exempt job classes. An employee in an overtime exempt job class shall not be paid for hours worked or in pay status over 40 hours in a workweek, except as specifically provided for in a collective bargaining agreement.

4.11(4) Method of payment. Payment of overtime for employees in noncontract classes shall be in cash or compensatory time. The decision shall rest with the employee, except that the appointing authority may require overtime to be paid in cash. Employees in noncontract classes may elect compensatory time for call back, standby, holiday hours and for working on a holiday. Payment of overtime for employees in contract classes shall be in accordance with the terms of the applicable collective bargaining agreement.

4.11(5) Compensatory time. An overtime eligible employee in a noncontract class may accrue up to 80 hours of compensatory time before it must be paid off. Compensatory time may be paid off at any time, but it shall be paid off if the employee separates, transfers to a different agency, or moves to a class with a different overtime eligibility designation. The paying off of compensatory time for employees in classes covered by a collective bargaining agreement shall be in accordance with the terms of the applicable agreement.

4.11(6) Holiday hours. Holiday hours that have already been paid at a premium rate shall not be counted in calculating overtime.

These rules are intended to implement Iowa Code section 19A.9.

ITEM 2. Amend rule 581--8.6(19A) as follows:

581--8.6(19A) Reinstatement. A former permanent employee who was separated for other than just cause may be reinstated with permanent, or probationary, or intermittent status to any class for which qualified at the discretion of an appointing authority. Reinstatement shall not require certification from a list of eligibles. The period of reinstatement eligibility shall be equal to the period of continuous state employment immediately prior to the employee's separation, to a maximum of two years. A former permanent employee who is reinstated with intermittent status shall continue to be eligible for reinstatement with probationary or permanent status during the balance of the original reinstatement period. Current employees are not eligible for reinstatement. and An employee employees who has have retired from state government shall not be eligible for reinstatement. Retired former employees may, however, apply for employment in accordance with 581--paragraph 5.2(4)"b."

A permanent employee who demotes may at any time be reinstated to a position in the class occupied prior to the demotion at the discretion of the appointing authority. Reinstatement shall not require promotional certification from a list of eligibles. The employee shall be paid in accordance with the rules on promotion in 581--subrule 4.5(4).

Former employees who are reinstated shall accrue vacation at the same rate as at the time they separated from state employment, and the employee's previous vacation anniversary date minus the period of separation shall be restored. This paragraph shall be effective retroactive to January 1, 1995.

ITEM 3. Adopt new rule 581--8.12(19A) as follows:

581--8.12(19A) Overlap appointment. When it is considered necessary to fill a position on an overlap basis pending the separation of an employee, the appointment of a new employee may be made in accordance with these rules for a period not to exceed 30 calendar days. An overlap appointment must be in the same class as the authorized position being overlapped, unless otherwise approved by the director. Any overlap appointment for a longer period must first be approved by the director.

ITEM 4. Amend rule 581--10.3(19A) as follows:

581--10.3(19A) Temporary assignments.

10.3(1) An appointing authority may assign a permanent employee to special duty when that employee is temporarily needed in a position in another class. This assignment shall be without prejudice to the employee's rights in or to the regularly assigned position. Unless there is a statutory requirement to the contrary, the employee need not be qualified for, nor certified to, the class to which temporarily assigned.

10.3(2) An appointing authority may temporarily assign a permanent employee duties that are extraordinary for the employee's class. These duties may be of a level higher than, lower than, or similar to the duties regularly assigned to the employee's class, and may be in addition to or in place of some or all of the employee's regularly assigned duties.

10.3(3) Additional pay may be requested by the appointing authority when:

a. A special duty assignment is to a class in a higher pay grade;

b. A special duty assignment is from a nonsupervisory to a supervisory class having the same pay grade;

c. Extraordinary duties are assigned that are of a level higher than the duties assigned to the class to which the employee is allocated; or

d. Supervisory duties are assigned to an employee whose regular assignment is in a nonsupervisory class.

When approved, additional pay shall be in accordance with 581--subrule 4.5(6).

10.3(4) 10.3(3) Requests shall be submitted to the director in writing for assignments to special or extraordinary duty that exceed three complete pay periods, explaining the need and the period of time requested. Temporary assignments shall not initially be approved for a period longer than one year. Extensions may be requested. Requests shall be submitted on forms prescribed by the director.

10.3(5) 10.3(4) An appointing authority may make temporary assignments without additional pay for up to three consecutive pay periods in a fiscal year. Approval for temporary assignments without additional pay beyond three consecutive pay periods may be granted by the director.

10.3(6) 10.3(5) An appointing authority shall provide restricted duty work assignments, without change to an employee's class and regular pay rate, for those employees who have a medical release to return to restricted duty following a job-related illness or injury. The original period of restricted duty shall be the hourly equivalent of 20 work days (which shall be on a pro rata basis for part-time employees), or until the employee is medically released for full duty, whichever is less. Extensions to the original period may be requested by the appointing authority and shall be subject to the approval of the director. Exceptions to this subrule must be approved by the director.

ARC 7847A

Pursuant to the authority of Iowa Code sections 147.76 and 158.15, the Board of Barber Examiners hereby gives Notice of Intended Action to amend Chapter 20, "Barber Examiners," Chapter 21, "Sanitary Conditions for Barbershops and Barber Schools," and Chapter 29, "Public Records and Fair Information Practices," Iowa Administrative Code.

These amendments increase the biennial continuing education requirements for barbers to eight hours; change the period for reporting continuing education to coincide with the renewal period; allow continuing education credit for barbers that has been approved by the Iowa Board of Cosmetology Arts and Sciences; remove the requirement that at least one instructor of any continuing education activity be a barber; remove the requirement for sponsors of continuing education to report to the board following the presentation of a program; add a fee for change of location for a barber school; clarify requirements for posting of these rules; clarify requirements for posting of licenses and permits; clarify requirements for entrances and exits for shops in a residence; remove outdated language regarding barbers working in salons; clarify rules for sanitary conditions for schools and shops; remove restriction to practice if infected with a communicable disease; and allow for storing license records and inspections on computer software.

Any interested person may make written or oral suggestions or comments on these proposed amendments on or before March 17, 1998. Comments should be directed toRoxanne Sparks, Bureau of Professional Licensure, Iowa Department of Public Health, Lucas State Office Building, 4th Floor, Des Moines, Iowa 50319-0075.

A public hearing will be held on March 19, 1998, from 9 to 11 a.m., in the Fourth Floor Conference Room, Side 1, Lucas State Office Building, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments.

The proposed amendments may have an impact on small business. The Department has considered the factors listed in Iowa Code subsection 17A.31(4), paragraphs "a" to "l." The following may request the issuance of a regulatory flexibility analysis: the Administrative Rules Review Committee, the Governor, a political subdivision, at least 25 persons signing the request who qualify as a small business, or an organization registered with the Department and representing at least 25 persons. The request must:

1. Include the name, address, and telephone number of the person(s) authoring the request.

2. Be submitted in writing to the staff person and address listed in this Notice.

3. Be delivered to the Bureau of Professional Licensure or postmarked no later than 20 days after publication of this Notice in the Iowa Administrative Bulletin.

These amendments are intended to implement Iowa Code sections 147.76 and 158.15.

The following amendments are proposed.

ITEM 1. Amend subrule 20.101(1) as follows:

20.101(1) Beginning January 1, 1988, each Each person licensed to practice barbering in this state shall complete during each continuing education license renewal biennial period a minimum of six eight hours of continuing education approved by the board. Compliance with the requirement of continuing education is a prerequisite for license renewal in each subsequent biennial license renewal period beginning July 1 of each even-numbered year and ending June 30 of the next even-numbered year.

ITEM 2. Rescind and reserve subrule 20.101(2).

ITEM 3. Amend subrule 20.101(3) as follows:

20.101(3) Hours of continuing education credit may be obtained by attending and participating in a continuing education activity, either previously accredited by the board or the Iowa board of cosmetology arts and sciences or which otherwise meets the requirements herein and is approved by the board pursuant to 20.103(272C).

ITEM 4. Amend subrule 20.102(3) as follows:

20.102(3) It is conducted by individuals who have special education, training, and experience by reason of which said individuals should be considered experts concerning the subject matter of the program, and is accompanied by a paper, manual or written outline which substantially pertains to the subject matter of the program. At least one instructor in the program must be a licensed barber. Except as may be allowed pursuant to 20.107(272C), no licensee shall receive credit exceeding 10 percent of the annual total required hours for self-study, including television viewing, video or sound-recorded programs, correspondence work, or research, or by other similar means as authorized by the board.

ITEM 5. Rescind and reserve 645--20.106(272C).

ITEM 6. Amend subrule 20.214(5) as follows:

20.214(5) Renewal or change of location of barber school license is $250.

ITEM 7. Amend 645--21.1(158) as follows:

645--21.1(158) Rules posted. The manager of each barbershop shall keep a copy of these rules (Chapter 21, "Sanitary Conditions for Barbershops and Barber Schools," Iowa Administrative Code) posted in a conspicuous place in the shop.

ITEM 8. Rescind 645--21.2(158) and adopt the following new rule in lieu thereof:

645--21.2(158) License. The original license, duplicate license or temporary permit, and the current renewal certifying that the practitioner is licensed or that the practitioner is a trainee certified by the board shall be visibly displayed for each licensee. Shop and school of barbering licenses along with the current renewal shall be posted visible to the public therein.

ITEM 9. Amend 645--21.4(158) as follows:

645--21.4(158) Quarters. Barbering shall not be practiced in a residence unless the shop is completely separated from living quarters by a solid permanent partition. A solid door leading to residence shall be permitted providing it remains closed during business hours except during ingress entering and egress leaving. An outside entrance shall be provided.

ITEM 10. Amend 645--21.5(158) as follows:

645--21.5(158) Quarters adjacent to other business. A barbershop located in a room adjacent to a food service establishment, tavern or grocery shall be in a completely separate room and doors between shall be rendered unusable except for emergencies. A barbershop may be operated in conjunction with a cosmetology establishment provided it meets all the requirements of the law pertaining to barbering.

ITEM 11. Rescind 645--21.7(158) and adopt the following new rule in lieu thereof:

645--21.7(158) Equipment.

21.7(1) Except as set forth in subrule 21.7(2), all styling and haircutting tools, instruments and equipment in a shop or a school of barbering which come in contact with a patron's hair, nails or skin, except those which come in contact with blood or body fluids, shall be sanitized before use on each patron by cleansing thoroughly with soap and hot water, and then be disinfected by complete immersion in an EPA-registered, hospital-grade, bactericidal, virucidal and fungicidal disinfectant that is mixed and used according to the manufacturer's directions, after which the tools and implements should be dried and placed in a closed cabinet. All tools and implements which have come in contact with blood or body fluids must be disinfected by complete immersion in an EPA-registered, hospital-grade and tuberculocidal disinfectant that is mixed and used according to the manufacturer's directions. Disinfected implements must be stored in a disinfected, dry, covered container. All germicidal solutions shall be labeled.

21.7(2) All metallic instruments shall be kept clean by wiping carefully after each use with cotton saturated withan approved disinfectant solution. It is recommended thatthe solution used with metallic instruments be an EPA-registered, hospital-grade, bactericidal, virucidal and fungicidal disinfectant that is mixed and used according to the manufacturer's directions which shall be kept at each occupied work station.

21.7(3) An EPA-registered, hospital-grade disinfecting agent shall be available for immediate use at all times a shop or barbering school is in operation.

21.7(4) A barbershop owner shall provide closed cabinets or drawers for the keeping of all tools and towels when they are not in use.

21.7(5) A barbershop owner shall provide a minimum of one washbasin or lavatory for every two barber chairs in use. The washbasins or lavatories shall be so situated that one is readily accessible to the operator of each barber chair.

ITEM 12. Rescind and reserve 645--21.14(158).

ITEM 13. Amend 29.14(5) and 29.14(7) as follows:

29.14(5) Licensure records. These records contain information about the licensee including any or all of the following: transcripts, collected pursuant to Iowa Code section 147.19; application for licensure by examination, collected pursuant to Iowa Code sections 147.29 to 147.43; application for temporary permit, collected pursuant to Iowa Code section 158.4; birth certificates, collected pursuant to Iowa Code section 147.3; references, collected pursuant to Iowa Code section 147.3; past felony record, collected pursuant to Iowa Code section 147.3; high school graduation or equivalency records, collected pursuant to Iowa Code section 147.29; examination scores, collected pursuant to Iowa Code section 247.34; continuing education records, collected pursuant to Iowa Code section 272C.2. In the case of licensure by endorsement, the board collects verification of licensure by another board pursuant to Iowa Code section 147.47. This information is stored on paper, or microfilm only , or computer software.

29.14(7) Routine inspection reports. These records contain information about salons shops, and schools or whatever else is inspected by the board or agents of the board to determine compliance with applicable laws and rules. This information is stored on paper only or computer software.

ARC 7846A

Pursuant to the authority of Iowa Code section 17A.3(1)"b," the Iowa Secretary of State hereby gives Notice of Intended Action to amend Chapter 21, "Election Forms and Instructions," Iowa Administrative Code.

The purpose of the proposed amendment is to provide voters and other interested persons with the opportunity to review the summary to be printed on the ballot for the proposed constitutional amendment to be voted upon at the November 3, 1998, General Election. Since the only purpose of this Notice is to solicit public comments, following the comment period the Notice will be terminated without adopting the amendment.

Any interested person may make written suggestions or comments on the proposed amendment on or before Friday, March 20, 1998. Written comments should be sent to the Senior Election Officer, Office of the Secretary of State, Second Floor, Hoover State Office Building, Des Moines, Iowa 50319-0138, fax (515)242-5953. Anyone who wishes to comment orally may telephone the Elections Division at (515)281-5823 or visit the office on the second floor of the Hoover Building.

There will be a public hearing on Friday, March 20, 1998, at 1:30 p.m. at the office of the Secretary of State, Second Floor, Hoover State Office Building. Persons may comment orally or in writing. Persons who speak at the hearing will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment.

This amendment is intended to implement Iowa Code section 49.44.

The following amendment is proposed.

Amend rule 721--21.200(49) by adding the following new subrule:

21.200(4) A proposed constitutional amendment was passed by the Seventy-sixth General Assembly as House Joint Resolution 13 and by the Seventy-seventh General Assembly as House Joint Resolution 5. This proposed amendment will be voted upon at the general election to be held on November 3, 1998.

The summary proposed by the secretary of state appears below:

ARC 7830A

Pursuant to the authority of Iowa Code sections 307.10 and 307.12, the Department of Transportation hereby gives Notice of Intended Action to amend Chapter 520, "Regulations Applicable to Carriers," Iowa Administrative Code.

Iowa Code section 321.449 requires the Department to adopt rules consistent with the Federal Motor Carrier Safety Regulations promulgated under United States Code, Title 49, and found in 49 Code of Federal Regulations (CFR), Parts 390 to 399. Iowa Code section 321.450 requires the Department to adopt rules consistent with the Federal Hazardous Materials Regulations promulgated under United States Code, Title 49, and found in 49 CFR, Parts 107, 171 to 173, 177, 178 and 180. To ensure the consistency required by statute, the Department annually adopts the specified parts of 49 CFR as adopted by the United States Department of Transportation.

Commercial vehicles transporting goods in interstate commerce are subject to the Federal Motor Carrier Safety Regulations on the effective dates specified in the Federal Register. Commercial vehicles transporting hazardous materials in interstate commerce or transporting certain hazardous materials intrastate are subject to the Federal Hazardous Materials Regulations on the effective dates specified in the Federal Register. The adoption of the federal regulations by the Department will extend the enforcement of the regulations to commercial vehicles operated intrastate unless exempted by statute.

Proposed federal regulations are published in the Federal Register to allow a period for public comment, and, after adoption, the final regulations are again published in the Federal Register. Each year a revised edition of 49 CFR is published incorporating all of the final regulations adopted during the year. Although revised editions of 49 CFR are usually dated October or November, the publication is not actually available in Iowa for several months after that date.

The amendments to the Federal Motor Carrier Safety Regulations and Federal Hazardous Materials Regulations that have become final and effective since the 1996 edition of the CFR are listed in the information below. The parts affected are followed by Federal Register (FR) citations.

Parts 107, 171, 172, 173, 177, 178 and 180 (FR Vol. 61, No. 191, Page 51334, 10-1-96)

This final rule corrects editorial errors, makes minor regulatory changes, and in response to requests for clarification, improves the clarity of certain provisions to the Hazardous Materials Regulations.

Parts 172 and 173 (FR Vol. 61, No. 191, Page 51238, 10-1-96)

This final rule responds to petitions for reconsideration of the published final rule under Docket HM 220A, May 28, 1996, and clarifies testing frequency (12 years) for fire extinguisher(s). Companies that perform external visual inspections are not required to have copies of Compressed Gas Association (CGA) pamphlets C-6 or C-6.3; however, it is strongly recommended.

Part 171 (FR Vol. 61, No. 242, Page 65958, 12-16-96)

This final rule updates references in the Hazardous Materials Regulations to include the most recent amendments to the International Maritime Dangerous Goods Code (IMDG) and the International Civil Aviation Organization's (ICAO) Technical Instructions for the Safe Transportation by Air.

Parts 171, 173 and 180 (FR Vol. 62, No. 5, Page 1208, 1-8-97)

This final rule requires all intrastate shippers and carriers to comply with the Hazardous Materials Regulations with certain exceptions. It defines agricultural products, farmer, material of trade, and allows for the use of non-specification containers for flammable liquid petroleum products in intrastate commerce. This is referenced in pending legislation (states are to adopt prior to July 1, 1998).

Parts 171, 172, 173 and 177 (FR Vol. 62, No. 5, Page 1217, 1-8-97)

This final rule amends the Hazardous Materials Regulations to better identify hazardous materials in transportation, adds a new poison inhalation label and placard, and lowers the quantity for a specific hazard class placarding from 5,000 pounds to 2,205 pounds of Table 2 items. Implementation of this rule has been delayed by a later rule making.

Parts 107 and 171 (FR Vol. 62, No. 13, Page 2970, 1-21-97)

This final rule increases the civil penalty amount the Research and Special Programs Administration (RSPA) may assess from $25,000 to $27,500.

Part 171 (FR Vol. 62, No. 33, Page 7638, 2-19-97)

This interim final rule amends the Hazardous Materials Regulations to specify the conditions under which certain cargo tank motor vehicles may be used on an interim basis. This rule has been extended until March 1, 1999, by a later rule making.

Parts 172, 173 and 178 (FR Vol. 62, No. 58, Page 4334, 3-26-97)

This final rule corrects errors in the September 26, 1996, final rule.

Parts 171, 172, 173 and 178 (FR Vol. 62, No. 87, Page 24690, 5-6-97)

This final rule amends the Hazardous Materials Regulations to maintain alignment with corresponding provisions of IMDG and ICAO. These revisions are necessary to facilitate the transportation of hazardous materials in international commerce.

Part 171 (FR Vol. 62, No. 105, Page 29673, 6-2-97)

This final rule allows the transportation of certain hazardous materials in non-specification open-head fiber drums

until September 30, 1999.

Parts 171 and 172 (FR Vol. 62, No. 108, Page 30767, 6-5-97)

This final rule adds a specific shipping description to the Hazardous Materials Table for chemical oxygen generators. (Oxygen Generator, Chemical, 5.1, UN 3353 Packing Group 1 or 11)

Parts 171 and 172 (FR Vol. 62, No. 124, Page 34667, 6-27-97)

This final rule corrects the typographical error for the ID number for Chemical Oxygen Generators (correct ID number is 3356). Also, the effective compliance date was delayed from July 7, 1997, until August 7, 1997.

Parts 391 and 392 (FR Vol. 62, No. 133, Page 37150, 7-11-97)

FHWA is making technical amendments to physical qualification, examination and controlled substance/alcohol use testing regulations for drivers under the commercial driver's license program. The amendments are necessary to correct minor errors and to remove obsolete regulations.

Parts 171 and 172 (FR Vol. 62, No. 140, Page 39398, 7-22-97)

This rule changes the effective date of the January 8, 1997, final rule. The final rule is delayed until October 1, 1998, and beyond.

Included in the October 1, 1998, compliance date are identification numbers for non-bulk hazardous materials loaded at one facility, poison inhalation hazard (PIH) material, enclosed vehicle containing a cargo tank or intermediate bulk package and fumigant marking and reduction of 2,268 kg (5,000 lbs.) to 1,000 kg (2,205 lbs.) for placard requirements for Table 2 items. Carriers must instruct employees to contact the company in the event of a hazardous materials incident, which requires shipping paper and emergency response information for trailers/vehicles separated from their motive power and parked at a location other than the consignee's, consignor's or carrier's facility.

PIH labels will be required as of October 1, 1999. The PIH placard and prohibition on the displaying of extraneous information on placards or placard holders will become effective on October 1, 2001.

Part 171 (FR Vol. 62, No. 159, Page 44037, 8-18-97)

This final rule extends the date of the rule issued February 19, 1997, until March 1, 1999. Requirements include a radio transmitter that can activate the closure of the internal self-closing stop valve, and the operator remains within the operating range of the transmitter and has an unobstructed view of the cargo tank motor vehicle at all times that the internal stop valve is open.

A cargo tank motor vehicle that has an emergency discharge system conforming to the requirements in Section 178.337-11(a)(1)(I) of this subchapter may be operated under the provisions of this paragraph.

A comprehensive written emergency operating procedure must be developed for all transfer operations, and hazardous materials employees who perform unloading functions must be trained in its provisions. The emergency procedure must be prominently displayed in or on the cargo tank motor vehicle.

Continuing Qualification--An existing in-service cargo tank motor vehicle may continue to be marked and documented as required by Part 180 of this subchapter if the following statement is added to the Certificate of Compliance by the owner or operating motor carrier, "Emergency excess flow control performance not established for this unit."

New Cargo Tank Motor Vehicles--A new cargo tank motor vehicle manufactured, marked and certified prior to March 1, 1999, may be marked and certified as conforming to specification MC 331 if it otherwise meets all requirements of the specification and the following statement is added to the certification document: "Emergency discharge control performance not established for this unit."

The following marking must be displayed on a cargo tank motor vehicle used or represented for use under this section: "Operating Under 49 CFR 171.5."

Part 172 (FR Vol. 62, No. 167, Page 45702, 8-28-97)

This rule makes a technical correction.

Parts 172 and 177 (FR Vol. 62, No. 169, Page 46214, 9-2-97)

This direct final rule removes the Radiation Protection Program regulations and related modal provisions that require the development and maintenance of a written radiation protection program for persons who offer, accept for transportation, or transport radioactive materials. This action is necessary to address difficulties and complexities concerning implementation of and compliance with the requirements for a radiation protection program.

Parts 171 and 173 (FR Vol. 62, No. 183, Page 49559, 9-22-97)

This final rule changes the compliance date from October 1, 1997, to October 1, 1998. It also contains some technical amendments and responses for reconsideration. These were printed in the October 1, 1997, Hazardous Materials Regulations.

Part 390 (FR Vol. 62, No. 185, Page 49939, 9-24-97)

This document makes technical amendments to correct references within several parts to subchapter B.

The following sentence will be deleted: "49 CFR Sections 391.109 and 391.111 concerning random drug testing shall not apply to intrastate operations." This no longer applies since the intrastate exemption was preempted by the Omnibus Transportation Employee Testing Act of 1991, which requires employers to test drivers for the illegal use of controlled substances when the drivers are required to obtain a commercial driver's license (CDL). In a final rule (FR Vol. 61, 3-8-96), the Federal Highway Administration (FHWA) preempted state and local laws concerning drug testing of CDL drivers.

Any person or agency may submit written comments concerning these proposed amendments or may submit a written request to make an oral presentation. The comments or request shall:

1. Include the name, address, and telephone number of the person or agency authoring the comments or request.

2. Reference the number and title of the proposed rule, as given in this Notice, that is the subject of the comments or request.

3. Indicate the general content of a requested oral presentation.

4. Be addressed to the Department of Transportation, Director's Staff Division, 800 Lincoln Way, Ames, Iowa 50010; fax (515)239-1639; Internet E-mail address: rules@iadot.e-mail.com.

5. Be received by the Director's Staff Division no later than March 17, 1998.

A meeting to hear requested oral presentations is scheduled for March 19, 1998, at 10 a.m. in the conference room of the Motor Vehicle Division, which is located on the lower level of Park Fair Mall, 100 Euclid Avenue, Des Moines.

The meeting will be canceled without further notice if no oral presentation is requested.

The proposed amendments may have an impact on small business. The Department has considered the factors listed in Iowa Code subsection 17A.31(4), paragraphs "a" to "l." The following may request the issuance of a regulatory flexibility analysis: the Administrative Rules Review Committee, the Governor, a political subdivision, at least 25 persons signing the request who qualify as a small business, or an organization registered with the Department and representing at least 25 persons. The request must:

1. Include the name, address, and telephone number of the person(s) authoring the request.

2. Be submitted in writing to the Director's Staff Division at the address listed in this Notice.

3. Be delivered to the Director's Staff Division or postmarked no later than 20 days after publication of this Notice in the Iowa Administrative Bulletin.

These amendments are intended to implement Iowa Code chapter 321.

Proposed rule-making actions:

Amend subrule 520.1(1), paragraphs "a" and "b," as follows:

a. Motor carrier safety regulations. The Iowa department of transportation adopts the Federal Motor Carrier Safety Regulations, 49 CFR Parts 390-399 (October 1, 1996 1997). 49 CFR Sections 391.109 and 391.111 concerning random drug testing shall not apply to intrastate operations.

b. Hazardous materials regulations. The Iowa department of transportation adopts the Federal Hazardous Materials Regulations, 49 CFR Parts 107, 171-173, 177, 178, and 180 (October 1, 1996 1997). The regulations in the October 1, 1990, edition of Title 49 CFR shall remain in full force and effect in accordance with the transition provisions of 49 CFR Section 171.14 (December 31, 1991).

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 February is 7.75%.

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 February 12, 1998, setting the minimums that may be paid by Iowa depositories on public funds are listed below.

Two years or more Minimum 5.10%These are minimum rates only. The one year and less are four-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.

FILED EMERGENCY

ARC 7832A

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Adopted and Filed Emergency

Pursuant to the authority of Iowa Code sections 159.5(11) and 163.1, the Iowa Department of Agriculture and Land Stewardship hereby adopts an amendment to Chapter 64, "Infectious and Contagious Diseases," Iowa Administrative Code.

This amendment is intended to clarify that employees or contractors with the Iowa Department of Agriculture and Land Stewardship or the United States Department of Agriculture may enter into the premises of a slaughter facility in Iowa for the purpose of obtaining blood samples from animals confined at or being slaughtered at the facility to determine whether the animals are infected with an infectious or contagious disease. This amendment has been requested by the Iowa Pseudorabies Advisory Committee.

In compliance with Iowa Code section 17A.4(2), the Department finds that notice and public participation are impracticable because the long-term practice of collecting blood has been suddenly discontinued in some slaughter facilities in Iowa. The termination of this practice places the Iowa pseudorabies and swine brucellosis programs in jeopardy and negatively impacts similar programs in other states. An alternative mechanism to provide the blood samples is needed immediately to maintain those programs, to safeguard Iowa's livestock industries by maintaining surveillance of Iowa's livestock herds for possible infection with infectious or contagious diseases, and to protect the public from outbreaks of possible zoonotic diseases.

The Department also finds, pursuant to Iowa Code section 17A.5(2)"b"(2), that the normal effective date of the amendment should be waived and this amendment should be made effective upon filing with the Administrative Rules Coordinator on January 28, 1998, as it confers a benefit upon the public by providing continued surveillance of Iowa's livestock for possible infection with an infectious or contagious disease.

This amendment is also being simultaneously published herein under Notice of Intended Action as ARC 7231A to allow for public comment.

This amendment is intended to implement Iowa Code chapter 163.

This amendment became effective on January 28, 1998.

The following amendment is adopted.

Amend 21--Chapter 64 by adopting the following new rule:

21--64.8(163) Animal blood sample collection. Any animal slaughtered in Iowa is subject to having blood samples taken in order to determine whether the animal is infected with an infectious or contagious disease. Upon written notification from the department or from the United States Department of Agriculture, the management of a slaughter facility shall provide for or permit the collection of blood samples for testing from any animal confined at or being slaughtered at such a facility.

If the department or the United States Department of Agriculture chooses to place government employees or private contractors in the facility for the purpose of collecting the blood samples, neither the facility nor the management of the facility shall charge a fee for providing such access. In addition, the slaughter facility shall provide blood collectors access to facilities routinely available to plant employees such as rest rooms, lockers, break rooms, lunchrooms, and storage facilities to facilitate blood collection in the same manner and on the same terms as the facility provides access to the facility to meat inspectors employed by the department or the Food Safety Inspection Service of the United States Department of Agriculture.

[Filed Emergency 1/28/98, effective 1/28/98]

[Published 2/25/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 2/25/98.

ARC 7838A

COLLEGE STUDENT AID COMMISSION[283]

Adopted and Filed Emergency

Pursuant to the authority of Iowa Code subsection 261.37(5), the College Student Aid Commission amends Chapter 10, "Federal Family Education Loan Programs," Iowa Administrative Code.

The amendment allows eligible lenders to make consolidation loans under the Commission's guarantee and according to federal requirements.

In compliance with Iowa Code section 17A.4(2), the Commission finds that notice and public participation are impracticable and contrary to public interest because Public Law 105-78 concerning student loans was signed by President Clinton on November 13, 1997, to be effective that date.

The Commission finds, pursuant to Iowa Code section 17A.5(2)"b"(2), that the normal effective date of the amendment should be waived and the amendment made effective upon filing with the Administrative Rules Coordinator because the federal law does not allow amendments to these changes.

This amendment became effective February 2, 1998.

This amendment is intended to implement Iowa Code section 261.37(5).

The following amendment is adopted.

Rescind subparagraph 10.2(1)"b"(7) and insert the following new subparagraph:

(7) Prior to making a federal consolidation loan under the commission's guarantee, a lender shall ascertain that at least one of the underlying loans to be consolidated was made under Part B or D of the Higher Education Act of 1965 and at least one of the following criteria is met:

1. For a loan consolidation which includes an underlying loan or loans made under Part B of the Act, at least one of the underlying loans must be guaranteed by the commission.

2. For a loan consolidation which does not include a loan or loans made under Part B of the Act, but includes a loan or loans made under Part D of the Act, a lender must ascertain that the borrower is a resident of the state of Iowa at the time of submitting the application for loan consolidation; or that the borrower was a resident of the state of Iowa at the time of submitting the application for the Part D loan; or that the borrower received at least one of the underlying Part D loans while attending an Iowa institution.

[Filed Emergency 2/2/98, effective 2/2/98]

[Published 2/25/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 2/25/98.

ARC 7844A

INSPECTIONS AND APPEALS DEPARTMENT[481]

Adopted and Filed Emergency

Pursuant to the authority of Iowa Code section 10A.104(5), the Department of Inspections and Appeals hereby amends Chapter 10, "Contested Case Hearings," Iowa Administrative Code.

The amendment implements provisions of recently enacted legislation, 1997 Iowa Acts, chapter 104, which revised the procedure for the collection of fees for hearings conducted for the Department of Transportation. The hearing fee previously paid by the applicant for a motor carrier certificate is now to be shared equally between the applicant and any persons objecting to the granting of a certificate.

In compliance with Iowa Code section 17A.4(2), the Department finds that notice and public participation are unnecessary because the amendment is required to comply with statutory changes.

The Department also finds, pursuant to Iowa Code section 17A.5(2)"b"(1), that the normal effective date of this amendment should be waived since 1997 Iowa Acts, chapter 104, allows the amendment to be effective upon filing with the Administrative Rules Coordinator on February 6, 1998.

The amendment is also published herein under Notice of Intended Action as ARC 7843A to allow public comment. This emergency filing permits the Department to implement the new provisions of the law.

This amendment is intended to implement Iowa Code Supplement chapter 325A.

This amendment became effective February 6, 1998.

The following amendment is adopted.

Amend rule 481--10.27(10A) as follows:

481--10.27(10A) Transportation hearing fees. Any hearing on an application required by Iowa Code Supplement chapter 325 or 327A 325A shall require:

10.27(1) The applicant and any persons objecting to the granting of a certificate to submit a hearing fee of $350 to be shared equally to cover payment of all costs and expenses of the hearing. The department may require additional amounts as necessary and shall provide a written itemized account of all additional expenses to the applicant parties. The hearing fee shall be made by check payable to the Iowa Department of Inspections and Appeals.

10.27(2) The hearing fee to be received no later than 14 days after the notice of hearing, unless otherwise ordered. Failure to timely submit the hearing fee may result in cancellation of the hearing and denial of the application.

10.27(3) If a scheduled hearing is canceled, that the hearing fee, less expenses incurred by the department, be refunded to the payer payers. This shall not be interpreted to authorize a refund to an applicant who fails to appear at a scheduled hearing.

10.27(4) That the hearing fee shall be The applicant and any persons objecting to the granting of a certificate to submit a hearing fee of $150 to be shared equally if the hearing is held by a summary proceeding conducted without a personal appearance before the ALJ and where pleadings, affidavits, records, or other documents are submitted to the division for a decision by an ALJ.

[Filed Emergency 2/6/98, effective 2/6/98]

[Published 2/25/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 2/25/98.

FILED

ARC 7849A

ENGINEERING AND LAND SURVEYING EXAMINING BOARD[193C]

Adopted and Filed

Pursuant to the authority of Iowa Code section 542B.6, the Engineering and Land Surveying Examining Board hereby amends Chapter 1, "Administration," and Chapter 4, "Discipline and Professional Conduct of Licensees," Iowa Administrative Code.

These amendments develop procedures on license denial, allow for a single peer review consultant, and remove the five-year discipline period for closed cases.

Notice of Intended Action was published in the Iowa Administrative Bulletin on December 3, 1997, as ARC 7672A. These amendments are identical to the Notice.

These amendments are intended to implement Iowa Code sections 542B.14 and 542B.22.

These amendments will become effective on April 1, 1998.

The following amendments are adopted.

ITEM 1. Amend 193C--Chapter 1 by adopting new rule 193C--1.11(542B) as follows:

193C--1.11(542B) Hearing on license denial. If the board, upon receipt of a complete and proper application for initial license or licensure by comity, accompanied by the proper fee, shall deny licensure to the applicant, the executive secretary shall send written notice to the applicant by regular first-class mail identifying the basis for license denial.

1.11(1) An applicant denied licensure may request a hearing before the board within 30 days of the date the notice of license denial is mailed. A request for hearing must be in writing and is deemed made on the date of the United States Postal Service postmark or the date of personal service. The request for hearing shall specify the grounds under which the applicant contends the board erred in denying licensure. If a request for hearing is timely made, the board shall issue a notice of hearing and conduct a contested case hearing.

1.11(2) Hearings on license denial shall be open to the public. The burden of presenting evidence and information or documents to support the applicant's position shall be the responsibility of the applicant.

1.11(3) The board, after a hearing on license denial, may grant or deny the application for licensure. If denied, the board shall state the reasons for denial of the license and may state conditions under which the application for licensure could be granted, if applicable.

1.11(4) The notice of license denial, request for hearing, notice of hearing, and order are open records available for inspection and copying in accordance with Iowa Code chapter 22. Copies may be provided to the media, the National Council of Examiners for Engineering and Surveying (NCEES), and other persons or entities.

1.11(5) Judicial review of a final order denying licensure may be sought in accordance with the provisions of Iowa Code section 17A.19 which are applicable to judicial review of any agency's final decision in a contested case.

ITEM 2. Rescind and reserve subrule 4.2(6).

ITEM 3. Amend subrule 4.4(1) as follows:

4.4(1) Membership. A committee shall generally consist of three or more licensed engineers or licensed land surveyors or both, as determined by the board, who are selected for their knowledge and experience in the type of engineering or land surveying involved in the complaint. The board may appoint a two-member peer review committee or a single peer review consultant to perform the function of a peer review committee when, in the board's discretion, appointing a committee with three or more members would be impractical, unnecessary or undesirable given the nature of the expertise required, the need for prompt action or other circumstances of the complaint.

[Filed 2/6/98, effective 4/1/98]

[Published 2/25/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 2/25/98.

ARC 7837A

MEDICAL EXAMINERS BOARD[653]

Adopted and Filed

Pursuant to the authority of Iowa Code section 147.76, the Iowa Board of Medical Examiners hereby amends Chapter 12, "Discipline," Iowa Administrative Code.

Chapter 12 is being amended by making technical corrections to the rules on the impaired physician review committee, adding the definition of "Initial agreement," and clarifying eligibility criteria related to the diversion of controlled substances.

Notice of Intended Action was published in the November 5, 1997, Iowa Administrative Bulletin as ARC 7630A. No comments were received. The adopted amendments are identical to those published under Notice. These amendments were approved at the January 18, 1998, meeting of the Board of Medical Examiners.

These amendments will become effective April 1, 1998.

These amendments are intended to implement Iowa Code chapters 147, 148, 150, 150A, and 272C.

The following amendments are adopted.

ITEM 1. Amend subrule 12.16(1), definitions of "Impaired physician program contract" and "IPP," as follows:

"Impaired physician program recovery contract" or "contract" means the written document establishing the terms for participation in the impaired physician recovery program prepared by the impaired physician review committee.

"IPP" "IPRP" or "program" means the impaired physician recovery program.

Further amend subrule 12.16(1) by adding the following new definition in alphabetical order:

"Initial agreement" means the written document establishing the initial terms for participation in the impaired physician recovery program.

ITEM 2. Amend subrule 12.16(4), paragraph "a," as follows:

a. The licensee engaged in the unlawful diversion or distribution of controlled substances or illegal substances to a third party or for personal profit or gain;

ITEM 3. Amend subrule 12.16(5) as follows:

12.16(5) Type of program. The impaired physician recovery program is an individualized recovery or rehabilitation program designed to meet the specific needs of the impaired physician. The committee shall meet with the licensee and, in consultation with the licensee and upon the recommendation of an IPRC-approved evaluator, shall determine the type of recovery or rehabilitation program required to treat the licensee's impairment. The committee shall prepare an impaired physician program recovery contract, to be signed by the licensee, that shall provide a detailed description of the goals of the program, the requirements for successful completion, and the licensee's obligations therein.

ITEM 4. Amend subrule 12.16(6), introductory paragraph, as follows:

12.16(6) Terms of participation. A licensee shall agree to comply with the terms for participation in the IPP IPRP established in the initial agreement and contract. Terms of participation specified in the contract shall include, but are not limited to:

ITEM 5. Amend subrule 12.16(6), paragraph "c," as follows:

c. Practice restrictions. The IPRC may impose restrictions on the license to practice medicine as a term of the initial agreement or contract until such time as it receives a report from an approved evaluator that the licensee is capable of practicing with reasonable safety and skill. As a condition of participating in the program, a licensee is required to agree to restrict practice in accordance with the terms specified in the initial agreement or contract. In the event that the licensee refuses to agree to or comply with the restrictions established in the initial agreement or contract, the committee shall refer the licensee to the board for appropriate action.

ITEM 6. Amend subrule 12.16(7) as follows:

12.16(7) Limitations. The IPRC establishes the terms and monitors a participant's compliance with the program specified in the initial agreement and contract. The IPRC is not responsible for participants who fail to comply with the terms of or successfully complete the IPP IPRP. Participation in the program under the auspices of the IPRC shall not relieve the board of any duties and shall not divest the board of any authority or jurisdiction otherwise provided. Any violation of the statutes or rules governing the practice of medicine by a participant shall be referred to the board for appropriate action.

[Filed 2/2/98, effective 4/1/98]

[Published 2/25/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 2/25/98.

ARC 7836A

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

Adopted and Filed

Pursuant to the authority of Iowa Code sections 455G.4(3), 455G.6(15), 455G.9 and 455G.21, the Iowa Comprehensive Petroleum Underground Storage Tank Fund Board (Board) hereby amends Chapter 11, "Remedial or Insurance Claims," Iowa Administrative Code.

The rules in Chapter 11 describe the guidelines for reimbursement of remedial and insurance claims.

Paragraph 11.1(3)"b" requires that any owner or operator applying for remedial benefits shall demonstrate financial responsibility coverage no later than October 26, 1990. If there is a lapse in financial responsibility coverage for any period after October 26, 1990, the owner/operator will no longer be eligible for benefits if the site for which benefits are being requested has active tanks during the time the owner was unable to demonstrate financial responsibility. This paragraph requires that all owners maintain financial responsibility continuously while tanks are operational. As a result of this paragraph, those owners who made a good-faith attempt to maintain their financial responsibility coverage through the state insurance fund, but encountered a lapse of coverage due to improper documentation, incorrect premium payment or missing a deadline, lost not only their financial responsibility coverage but also all remedial benefits to address past contamination.

This proposed amendment will allow for the reinstatement of remedial benefits if the lapse in financial responsibility coverage occurred after an owner/operator made a good-faith attempt to comply with the coverage requirements. Although coverage will not be backdated, the owner/operator will remain eligible for remedial benefits if extenuating circumstances are documented which created the lapse in coverage and the owner can document good-faith attempts to maintain that coverage.

Notice of Intended Action was published in the November 19, 1997, Iowa Administrative Bulletin as ARC 7668A. The adopted amendment is identical to that published under Notice.

This amendment was approved by the Board on January 26, 1998.

This amendment will become effective on April 1, 1998.

This amendment is intended to implement Iowa Code sections 455G.9 and 455G.21.

The following amendment is adopted.

Amend paragraph 11.1(3)"b" as follows:

b. To be eligible for benefits under Iowa Code section sections 455G.9 and 455G.21, any owner or operator applying for such benefits shall demonstrate financial responsibility coverage using a method provided for under 567--Chapter 136 no later than October 26, 1990. If an owner or operator is unable to demonstrate financial responsibility coverage, or there is a lapse in the financial responsibility coverage for any period after October 26, 1990, the owner/operator will no longer be eligible for benefits if the site for which benefits are being requested has active tanks during the time the owner/operator was unable to demonstrate financial responsibility or if there is a lapse of financial responsibility coverage. The financial responsibility coverage requirement shall not be required on tanks which are temporarily closed consistent with 11.1(3)"o." subject to the following limitations:

(1) The financial responsibility coverage requirement shall not be required on tanks which are temporarily closed consistent with 11.1(3)"o."

(2) A lapse of financial responsibility coverage shall not cause loss of remedial benefits if the owner or operator can demonstrate:

1. Good-faith attempts were made to maintain the financial responsibility coverage;

2. Communications were ongoing between the owner or operator and the board in an attempt to maintain financial responsibility coverage at the time of the lapse;

3. The lapse in coverage was due to failure to timely submit proper documentation, failure to timely pay full payment of required premium, or both;

4. If the lapse was due to a failure to timely submit proper documentation:

* The owner or operator is able to demonstrate that documentation was submitted in a good-faith attempt to comply with the financial responsibility criteria.

* The owner or operator can provide factual support that the documentation submitted was sufficient to maintain financial responsibility coverage.

* The owner or operator submits a signed affidavit certifying that the owner or operator believed the documentation submitted was sufficient to maintain financial responsibility coverage.

5. If the lapse was due to a failure to timely submit full payment of required premium:

* The owner or operator is able to demonstrate that the payment was submitted in a good-faith attempt to comply with the financial responsibility criteria.

* The owner or operator can provide factual support that the payment submitted was sufficient to maintain financial responsibility coverage.

* The owner or operator submits a signed affidavit certifying that the owner or operator believed the payment submitted was sufficient to maintain financial responsibility coverage.

6. The owner or operator submits an amount equal to the full premium and any applicable surcharges that would have been required if financial responsibility coverage had been maintained.

The board will determine if the action taken by the owner or operator qualifies as good faith based upon the financial responsibility coverage requirements and the owner or operator's knowledge of and experience with financial responsibility coverage requirements and general business principles. When determining good faith, the board may consider the owner or operator's past history of maintaining financial responsibility coverage, the extent of the owner or operator's business knowledge taking into consideration business size and the number of UST sites owned or operated, compliance with other environmental programs, and other events occurring at the time of the financial responsibility coverage lapse which may have impacted the owner or operator's actions when attempting to maintain the financial responsibility coverage.

[Filed 1/28/98, effective 4/1/98]

[Published 2/25/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 2/25/98.

ARC 7834A

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

Adopted and Filed

Pursuant to the authority of Iowa Code sections 455G.4(3), 455G.6(15), 455G.9 and 455G.21, the Iowa Comprehensive Petroleum Underground Storage Tank Fund Board (Board) hereby amends Chapter 11, "Remedial or Insurance Claims," Iowa Administrative Code.

Chapter 11 describes the guidelines for reimbursement of remedial and insurance claims. This amendment will modify the current inability to pay criteria under which owners or operators can receive 100 percent reimbursement for corrective actions. This amendment will allow the Board to utilize the Iowa Department of Natural Resources' evaluation of ability to pay for individual claims and take into consideration the individual's cash flow when determining whether or not the individual should qualify for 100 percent reimbursement.

Notice of Intended Action was published in the November 5, 1997, Iowa Administrative Bulletin as ARC 7615A. The Petroleum Marketers of Iowa submitted comments supporting the amendment. The adopted amendment is identical to that published under Notice.

This amendment was approved by the Board on January 26, 1998.

This amendment will become effective on April 1, 1998.

This amendment is intended to implement Iowa Code sections 455G.9 and 455G.21.

The following amendment is adopted.

Amend subparagraph 11.1(3)"n"(3) as follows:

(3) Claimant does not have a net worth of $15,000 or greater and has submitted documentation of net worth in accordance with Iowa Code section 455G.10(4) and 591--subrule 12.10(3) or the claimant is an individual who is financially unable to pay copayments associated with the cost of corrective action as determined by using the department's evaluation of ability to pay found at 567 IAC 135.17(455B).

[Filed 1/28/98, effective 4/1/98]

[Published 2/25/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 2/25/98.

ARC 7835A

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

Adopted and Filed

Pursuant to the authority of Iowa Code sections 455G.4(3), 455G.6(15), 455G.9 and 455G.21, the Iowa Comprehensive Petroleum Underground Storage Tank Fund Board (Board) hereby amends Chapter 11, "Remedial or Insurance Claims," Iowa Administrative Code.

Chapter 11 describes the guidelines for reimbursement under remedial and insurance claims. Iowa Code section 455G.9(1)"f" allows 100 percent funding up to $20,000 for the completion of site cleanup reports. Thereafter, costs are considered corrective action subject to the copayment requirements of Iowa Code section 455G.9(4). This amendment will create a new rule which will allow for 100 percent reimbursement of costs associated with the conversion of a previously accepted site cleanup report for all "monitor only" sites which are currently eligible for remedial or innocent landowner benefits. The amendment will increase the 100 percent funding of SCRs from $20,000 up to $30,000 for sites with previously accepted SCRs. This amendment will allow DNR to receive an RBCA conversion of "monitor only" sites without DNR having to direct the owner to do the conversion. Only those owners who voluntarily agree to have the conversion completed at 100 percent funding will receive this benefit. Those owners who choose not to voluntarily conduct the conversion, and those owners who are not otherwise eligible for benefits from this program, will have their sites reviewed internally by DNR and DNR's staff assistance contractor and will be notified by DNR of the results of the conversion after the internal review.

During the rule-making process, it was noted that "transition" SCRs are subject to the same consideration as previously accepted monitor only SCRs. Transition SCRs are reports which were submitted on or after August 15, 1996, and on or before January 31, 1997. There are 152 transition SCRs which are being included in the definition of previously accepted SCRs addressed by these amendments.

Notice of Intended Action was published in the November 5, 1997, Iowa Administrative Bulletin as ARC 7616A. Public comments supporting the amendment were submitted by the Petroleum Marketers of Iowa. The adopted amendment includes transition SCRs in the definition of previously accepted SCRs but is otherwise identical to that published under Notice.

This amendment was approved January 26, 1998.

This amendment will become effective on April 1, 1998.

This amendment is intended to implement Iowa Code sections 455G.9, 455G.11, 455G.13 and 455G.21.

The following amendment is adopted.

Amend 591--Chapter 11 by adding the following new rule:

591--11.8(455G) Payments for conducting RBCA analysis on "monitor only" sites.

11.8(1) When reviewing applications for benefits for the cost of completing an RBCA analysis on a site which has an approved SCR requiring "monitoring only," or on a site with an SCR submitted between August 15, 1996, and January 31, 1997, the criteria in this rule shall apply when determining payment eligibility.

11.8(2) Tier 1, Tier 2, and Tier 3 risk-based corrective action analysis must have budgets preapproved by the board or its administrator prior to any costs being incurred.

11.8(3) Benefits shall be limited to those costs associated with activities which are required to be completed in order for a Tier 1, Tier 2, or Tier 3 to be accepted by the department and which will determine the risk associated with the site.

11.8(4) Only sites which are currently eligible for benefits under this chapter are eligible for reimbursement of costs associated with activities under this rule.

11.8(5) One hundred percent of the costs may be preapproved not to exceed $10,000 for all activities associated with the completion of the Tier 1, Tier 2, or Tier 3 analysis. Costs which exceed $10,000 will be subject to the limitations of Iowa Code section 455G.9(1)"f."

[Filed 1/28/98, effective 4/1/98]

[Published 2/25/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 2/25/98.

ARC 7848A

PROFESSIONAL LICENSURE DIVISION[645]

BOARD OF COSMETOLOGY ARTS
AND SCIENCES EXAMINERS

Adopted and Filed

Pursuant to the authority of Iowa Code section 157.14, the Board of Cosmetology Arts and Sciences Examiners hereby amends Chapter 60, "Licensure of Cosmetologists, Electrologists, Estheticians, Manicurists, Nail Technologists, and Instructors of Cosmetology Arts and Sciences," Chapter 61, "Licensure of Salons and Schools of Cosmetology Arts and Sciences," and Chapter 62, "Fees," Iowa Administrative Code.

The amendments update the requirements of cosmetology, electrology, esthetics, manicurist, and nail technology curriculum; change the number of hours of training for electrology from 325 to 425 hours; require successful completion of the Iowa Law Examination for persons applying for manicurist license; require practical experience in the area of electrolysis for instructors of electrology courses; clarify the requirements for reinstatement of inactive license; replace language for school credit hours; change the fee for an instructor's license from $30 to $70; and add language for fees for reinstatement application and Iowa Law Examination.

Notice of Intended Action was published in the Iowa Administrative Bulletin on November 19, 1997, as ARC 7663A. A public hearing was held on December 9, 1997, with no comments received during the hearing. Written comments were received from the Iowa Cosmetology Schools Association. After review and discussion, the following revision was made to the Notice:

In new subrule 61.6(2), paragraph "a," subparagraph (3), the first sentence was deleted because it duplicates another sentence in the same section.

These amendments were adopted by the Board on February 3, 1998.

These amendments will become effective on April 1, 1998.

These amendments are intended to implement Iowa Code chapter 157.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [60.2(2), 60.5 to 60.8, 60.10(1), 60.12, 61.6, 62.1] is being omitted. With the exception of the change noted above, these rules are identical to those published under Notice as ARC 7663A, IAB 11/19/97.

[Filed 2/6/98, effective 4/1/98]
[Published 2/25/98]

[For replacement pages for IAC, see IAC Supplement 2/25/98.]

ARC 7851A

REVENUE AND FINANCE DEPARTMENT[701]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 421.17(19) and 422.68, the Iowa Department of Revenue and Finance hereby adopts an amendment to Chapter 50, "Apportionment of Income for Resident Shareholders of S Corporations," Iowa Administrative Code.

Notice of Intended Action was published in IAB, Volume XX, Number 14, on December 31, 1997, page 1247, as ARC 7733A.

The amendment to rule 701--50.1(422) corrects erroneous dates in the rule.

This amendment is identical to that published under Notice of Intended Action.

This amendment will become effective April 1, 1998, after filing with the Administrative Rules Coordinator and publication in the Iowa Administrative Bulletin.

This amendment is intended to implement Iowa Code chapters 421 and 422.

The following amendment is adopted.

Amend rule 701--50.1(422) as follows:

701--50.1(422) Apportionment of income for resident shareholders of S corporations. For tax years beginning on or after January 1, 1996, and before January 1, 1998, resident shareholders of S corporations which are value-added corporations and which carry on business within and without Iowa may, at their election, determine the S corporation income allocable to sources within Iowa by allocation and apportionment of the S corporation income. For tax years beginning on or after January 1, 1998, resident shareholders of all S corporations which carry on business within and without Iowa may, at their election, determine the S corporation income allocable to sources within Iowa by allocation and apportionment of the S corporation income. For tax years beginning on or after January 1, 1997 1996, and before January 1, 1998 1997, in order to take advantage of this provision, the taxpayers must first file their return reporting all income to Iowa and then file a refund claim based on allocation and apportionment.

For tax years beginning on or after January 1, 1997, a shareholder in an S corporation which carries on business within and without Iowa which has elected to apportion income and then elects not to apportion income shall not reelect to apportion income for three tax years immediately following the first tax year in which the shareholder elected not to apportion income, unless the director of revenue and finance consents to the election.

This rule is intended to implement Iowa Code Supplement section 422.5, subsection 1, paragraph "j,." as amended by 1997 Iowa Acts, chapters 111 and 158.

[Filed 2/6/98, effective 4/1/98]

[Published 2/25/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 2/25/98.

ARC 7839A

SOIL CONSERVATION DIVISION[27]

Adopted and Filed

Pursuant to the authority of Iowa Code section 161A.4(1), the Soil Conservation Division hereby amends Chapter 60, "Minerals Program," Iowa Administrative Code.

These amendments make corrective changes and implement changes and authorities granted in 1996 Iowa Acts, chapter 1043, which amended Iowa Code chapter 208. Amended rules modify the criterion for reclamation of mine sites, clarify definitions, amend hearing procedures, and provide for administrative actions and the assessment of penalties.

Notice of Intended Action was published in the Iowa Administrative Bulletin on September 24, 1997, as ARC 7540A.

A change was made in the definition of "Exploration" in Item 2, substituting the word "excavation" for the word "mining." Subrule 60.40(3) in Item 7 was modified to strike a phrase from the first paragraph. An amendment to subrule 60.80(4) dealing with grading and included in the Notice of Intended Action as Item 22 was deleted on the basis of comment received, and items were renumbered accordingly. Paragraph 60.90(2)"a" in Item 26 was rewritten to clarify intent in response to comment received. All other aspects of these rules are identical to those published under Notice of Intended Action.

These amendments are intended to implement Iowa Code chapter 208.

These amendments will become effective on April 1, 1998.

The following amendments are adopted.

ITEM 1. Amend the introductory paragraph of rule 27--60.10(208) as follows:

27--60.10(208) 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 requirements of Iowa Code chapter 208 to ensure reclamation upon completion of mining operations for limestone, sand, gravel, gypsum, clay and other nonfuel minerals gypsum, clay, stone, sand, gravel, and other ores or mineral solids, except coal.

ITEM 2. Amend rule 27--60.12(208) as follows:

27--60.12(208) Definitions. When used in this chapter, unless context otherwise requires the following definitions apply:

"Acceptable species" means plant species recognized as desirable permanent species and normally used in conjunction with agriculture, forestry, wildlife or similar plans for reclamation.

"Administrator" means the administrator of the division of soil conservation, Iowa department of agriculture and land stewardship, or a designee.

"Affected land" means land disturbed in the process of mining, from which overburden has been removed or upon which stockpiles have been set, including crushing areas and stockpile areas but not including roadways. Affected land shall include areas which have been disturbed by erosion, siltation or slump of a highwall or overburden above a highwall.

"Affected land" means the area of land from which overburden has been removed or upon which overburden has been deposited, or land which has otherwise been disturbed, changed, influenced, or altered in any way in the course of mining, including processing and stockpile areas but not including roads.

"Angle of repose" means the maximum angle of slope (measured from horizontal) at which loose cohesion materials will come to rest on a pile of similar material.

"Committee" means the state soil conservation committee.

"Critical slope angle" means the maximum slope incline which the soil and rock materials underlying the slope can support, without failure, under existing climate, vegetation, and land use.

"Department" means the Iowa department of agriculture and land stewardship.

"Division" means the division of soil conservation under within the Iowa department of agriculture and land stewardship.

"Dredge operation" means an operation to mine sand, gravel, or other nonfuel minerals for sale or for processing or consumption in the regular operation of a business by removing the product directly from its natural state beneath the surface of a river, lake or other body of water.

"Exploration" means the excavation of limited amounts of any mineral to determine the location, quantity, or quality of the mineral deposit.

"Highwall" means the vertical working face of a surface mining operation unexcavated face of exposed overburden and mineral in a surface mine.

"Mine" means any underground or surface mine developed and operated for the purpose of extracting any ores or mineral solids except coal.

"Mine" or "Mine mine site" means the a site where surface mining is being conducted or has been conducted in the past and the operator anticipates further mining operations, or the surface operation related to an underground mine, or the land facilities and stockpiles related to a river dredging operation.

"Mineral" means gypsum, clay, stone, sand, gravel, or other ores or mineral solids, except coal.

"Mining" means the excavation of gypsum, clay, stone, sand, gravel, or other ores or mineral solids, except coal, for sale or for processing or consumption in the regular operation of a business and shall include surface mining and underground mining.

1. "Surface mining" means mining by removing the overburden lying above the natural deposits and excavating directly from the natural deposits exposed, or by excavating directly from deposits lying exposed in their natural state, and shall include dredge operations conducted in or on natural or artificially created waterways within the state.

2. "Underground mining" means mining by digging or constructing access tunnels, adits, ramps, or shafts and excavating directly from the natural mineral deposits exposed.

"Mining operation" means activities conducted by an operator on a mine site relative to the excavation of minerals and shall include disturbing overburden, excavation and processing of minerals, stockpiling and removal of minerals from a site, and all reclamation activities conducted on a mine site.

"Official notice" means service of a written notice or order to an operator via personal service or certified mail to the last-known address. Service shall not be deemed incomplete because of refusal to accept.

"Operator" means any person, firm, partnership, or corporation, or political subdivision engaged in and controlling a mining operation but shall not include a political subdivision of the state of Iowa.

"Overburden" means all of the earth and other materials which lie above natural mineral deposits and includes all earth and other materials disturbed from their natural state in the process of mining.

"Pit floor" or "quarry floor" means the lower limit of a surface excavation to extract minerals.

"Political subdivision" means any county, district, city, or other public agency within the state of Iowa.

"Reclamation" means the process of restoring disturbed lands to the premined uses of the lands or other productive uses.

"Registered site" means a site which meets the requirements of Iowa Code section 208.13 and for which the operator has received a valid registration certificate from the division.

"Surface mining" means the mining of gypsum, clay, stone, sand, gravel, and other nonfuel minerals for sale or for processing or consumption in the regular operation of a business by removing the overburden lying above the natural deposits and mining directly from the natural deposits exposed, or by mining directly from deposits lying exposed in their natural state. Surface mining shall include dredge operations which remove deposits lying exposed in their natural state (under the surface of a stream or other body of water).

"Topsoil" means the natural medium located at the surface of the land which contains favorable characteristics for the growth of vegetation.

"Underground mining" means the mining of gypsum, clay, stone, sand, gravel, and other nonfuel minerals for sale or for processing or consumption in the regular operation of a business by excavating access shafts, ramps or adits and mining directly from the natural deposits beneath the surface.

ITEM 3. Amend subrule 60.20(1) as follows:

60.20(1) Application for mining license. All operators wanting to mine minerals in Iowa shall apply for a mining license. The application form shall be acceptable complete only if completed submitted on the form supplied by the division, and signed by the operator or an authorized representative, of the operator and accompanied by a license application fee.

When the operator is a firm, partnership or organization, the license application shall be signed by the president, registered agent or an authorized representative.

ITEM 4. Amend subrule 60.20(4) as follows:

60.20(4) License renewal. Any operator who fails to renew the mining license within the 30-day period following the expiration deadline established in subrule 60.20(3) will be required to apply for a new license. Failure to renew a license within 30 days of after official notice by certified mail will invalidate all registrations.

ITEM 5. Amend subrule 60.30(3) as follows:

60.30(3) Application for registration. An application for registration shall be acceptable only if completed on the form provided by the division and signed by the operator or an authorized representative of the operator and accompanied by a bond or bond increase, a map of the area to be mined, and the registration fee. The completed registration application, registration fee, map, and the bond or bond increase shall be received at least seven days prior to the removal of overburden.

ITEM 6. Rescind subrule 60.30(8) and adopt the following new subrule in lieu thereof:

60.30(8) Sign. Any signs required by other governmental bodies may be used to comply with Iowa Code section 208.9(2) provided that the sign is posted at the main entrance of the site or at the scale house, if the scale house is visible from the nearest roadway, and includes the operator's name, telephone number, and the site registration number.

ITEM 7. Amend subrule 60.40(3) as follows:

60.40(3) Surety bond. A surety bond shall be written by a company authorized to do business in Iowa and shall be made on a form provided by the division. A surety bond shall be signed by the operator or an authorized representative of the operator as well as a representative of the surety and shall be notarized by an authorized notary public.

The surety bond shall be written to cover all acres affected by the mining process pursuant to Iowa Code chapter 208. An attachment shall be included as part of the bond document which lists the sites by name and location (county, township, range, section, and legal description). This attachment shall be signed by representatives of the surety and the principal and notarized.

ITEM 8. Rescind subrule 60.40(5) and adopt the following new subrule in lieu thereof:

60.40(5) Cash. Cash deposited as bond does not pay interest to the operator.

ITEM 9. Adopt new subrule 60.40(7) as follows:

60.40(7) Interest-bearing account. Penalties, interest, bond reversions and bond forfeitures collected under the provisions of Iowa Code chapter 208 or these rules shall be deposited in an interest-bearing account and may be used for the cost and administrative expense of reclamation or rehab-ilitation activities for any mine site as deemed necessary and appropriate by the division.

ITEM 10. Amend subrule 60.41(3) as follows:

60.41(3) Return of bond. Upon release of an entire bond a certificate of deposit or cash posted as bond, the certificate of deposit or cash payment the original bond shall be returned to the operator.

Upon the release of a surety bond, the original bond shall be returned to and the surety company, if applicable, and the operator shall be notified of the action by the mailing of a courtesy copy.

ITEM 11. Amend subrule 60.41(4) as follows:

60.41(4) Reverting of cash bond. If the operator fails to request a release of cash bond after termination or expiration of a mining license, cash bond funds held shall revert to a mineral reclamation fund set aside by the division aninterest-bearing account maintained by the division, provided a period of at least five years has elapsed since the license expiration. These funds will be used to complete reclamation of lands where the bond forfeited was insufficient to complete the necessary reclamation work. These funds may be used for the cost and administrative expenses of reclamation or rehabilitation activities for any mine site as deemed necessary and appropriate by the division.

ITEM 12. Amend subrule 60.50(1) as follows:

60.50(1) Registration transfer request. If control of an active site or the right to conduct future mining at an inactive a registered site is acquired by an operator other than the operator holding authorization to conduct surface mining on the site, then both operators shall fill out the required portions of a Transfer Application form. The completed form shall then be filed with the division within 30 days of the actual transfer and prior to the start of any work by the new operator.

ITEM 13. Amend subrule 60.60(1) as follows:

60.60(1) Reclamation approval request. Upon completion of reclamation activities on a mine site or any part thereof, the operator, registered agent, or an authorized representative shall may file a Reclamation Approval Request with the division. The form shall be completed and signed by the operator or a legal representative of the operator.

ITEM 14. Amend subrule 60.60(3) as follows:

60.60(3) Approval denied. If release approval is denied the site condition is not approved, the mineral inspector division shall notify the operator, in writing, and explain the reason for the disapproval. The operator shall then complete the work reclamation specified by the inspector division and reapply for approval.

ITEM 15. Adopt new rule 27--60.65(208) as follows:

27--60.65(208) Enforcement actions.

60.65(1) Notice of violation. Notice to an operator of violations of these rules or Iowa Code chapter 208 shall include:

a. A description of the violation, including a citation of the rule or statute violated,

b. A description of the action required to abate the violation, and

c. A deadline for abatement.

60.65(2) Issuance of administrative order. If an operation fails to complete abatement measures in the time allowed, the division may initiate an administrative order in accordance with these rules and Iowa Code chapter 208.

60.65(3) Referral to attorney general. Pursuant to Iowa Code section 208.10A, the division may also notify the attorney general in the event of noncompliance by the operator following notice. The attorney general shall institute a civil action in district court for injunctive relief and for the assessment of a civil penalty not to exceed $10,000. The division may make such referral either in lieu of or in conjunction with the issuance of an administrative order.

ITEM 16. Rescind subrule 60.70(2) and adopt the following new subrule in lieu thereof:

60.70(2) Underground mine maps. The state geologist shall provide the division with copies of each map and map extension received pursuant to Iowa Code section 460A.12.

ITEM 17. Amend subrule 60.70(3) as follows:

60.70(3) Filing date. Surface reports Reports shall be filed annually at the end of each calendar year by January 31 for the previous year. Underground maps shall be received by March 31 for the previous year. Reports and maps not received within 30 days after the specified date shall invalidate the registration of a site.

ITEM 18. Amend subrule 60.70(4) as follows:

60.70(4) Final report. Upon conclusion of mining at any site the operator shall file, within 30 days, a mining report indicating that all mining activity is completed. This report shall be filed regardless of any other reports filed in connection with subrule 60.70(3).

ITEM 19. Amend subrule 60.75(2) as follows:

60.75(2) Erosion control. Affected areas which will not be disturbed by future operations shall be graded, disked, mulched, fertilized, and seeded as necessary within a period of nine months to attain substantial and appropriate grass, legume, shrub, tree, or crop, or other acceptable species and to ensure viable erosion control.

ITEM 20. Amend subrule 60.75(3), paragraph "f," as follows:

f. The division may grant a variance from this subrule, provided the operator submits a written complete application that meets the requirements of rule 27--60.85(208) at least 180 60 days prior to the proposed starting date of any mining within the setback limitations.

ITEM 21. Amend subrule 60.80(2) as follows:

60.80(2) Requirements. The operator shall grade all remaining affected lands, except stockpiles, crushing processing areas, pit floors, and highwalls, to allowable slopes within six months following the filing of the final report. Stockpiles and crushing processing areas shall be graded or the material exported from the site within one year following the final report.

ITEM 22. Amend subrule 60.80(7) as follows:

60.80(7) Penalties. Failure to comply. Failure to adhere to the reclamation schedule may be grounds for an administrative order, revocation of the operator's license to mine and, or initiation of bond forfeiture proceedings.

ITEM 23. Amend subrule 60.80(8) as follows:

60.80(8) Variance. The division may grant a variance from rule 27--60.80(208) provided the operator submits a written complete application that meets the requirements of rule 27--60.85(208) at least one year prior to the initiation of affected reclamation activities. Examples of reasonable variances would include wetland areas, building sites, or use of overburden materials for protective berms and screens.

ITEM 24. Amend subrule 60.85(1), introductory paragraph, as follows:

60.85(1) Application for variance. An A complete application for a variance must include:

ITEM 25. Amend subrule 60.85(2) as follows:

60.85(2) Criteria for approval of a variance. A variance filed with the division shall be approved or disapproved within 90 30 days of receiving a completed application for a variance.

In either approving or disapproving the variance request, the division will consider the reclamation plan, the postmining land use, the effects on the adjacent properties, the extent to which reclamation requirements are being met, and other relevant factors.

ITEM 26. Adopt new rule 27--60.90(208) as follows and renumber existing rule 27--60.90(208) as 27-- 60.95(208):

27--60.90(208) Administrative orders and assessment of penalties. The division may issue an administrative order directing an operator to desist in an activity or practice which constitutes a violation of these rules or to take corrective action to abate the violation.

60.90(1) Issuance of administrative order. Any administrative order issued by the division shall be signed by the division administrator and shall include:

a. A description of the violation or violations being addressed, including a citation to each rule or provision being violated, a summary of the facts and legal requirements, and a general rationale for the prescribed penalty.

b. A description of corrective measures or actions required to abate the violation or violations.

c. A time period for commencing and completing corrective actions called for in the administrative order.

d. A proposed penalty assessment.

e. The time allowed for filing an appeal to contest the order.

60.90(2) Assessment of penalty. An administrative order issued by the division shall include a proposed penalty assessment for the violation or violations being cited. The proposed penalty called for in the order shall not exceed $5,000 for each violation.

a. A point system will be used in assessing each violation. Criteria for assigning points shall be as follows:

(1) For history, up to 20 points may be assigned based on the history of previous violations.

(2) For seriousness,

1. Up to 20 points may be assigned based on the seriousness of the violation in terms of its potential or actual damage, or

2. Up to 15 points may be assigned for a violation of the administrative requirements of these rules. Administrative requirements would include items such as license and registration, payment of fees, posting of signs, and submittal of reports.

(3) For negligence, up to 10 points may be assigned on the basis of negligence on the part of the operator to whom the order is issued for failing to correct the cause of the violation. Up to 25 points may be assigned for a violation that occurs through a greater degree of fault than negligence, which means reckless, knowing, or intentional conduct. The division may also consider the degree to which the operator gained an economic benefit as a result of failing to comply with these regulations.

A reduction of the assigned points by up to 20 points may be allowed for good-faith efforts by the operator to achieve better than normal compliance.

b. The dollar value for points assigned shall be $20 for each point from 1 to 25 and $100 for each point thereafter to a maximum of 70 points. An abridged table summarizing dollar values for point assessments is as follows:

Points	$		Points	$
5	100		40	2,000
10	200		45	2,500
15	300		50	3,000
20	400		55	3,500
25	500		60	4,000
30	1,000		70 and above	5,000
35	1,500

c. When a penalty will be assessed.

(1) The division may assess a penalty for a proposed order that becomes a final order when 30 or fewer points are assigned to the administrative order.

(2) The division shall assess a penalty for a proposed assessment that becomes a final order when 31 or more points are assigned to the administrative order.

d. A proposed assessment worksheet shall accompany each administrative order issued by the division.

60.90(3) Waiver of point system. Upon the division administrator's own initiative or upon written request from an operator within 15 days of receipt of an administrative order, the division may waive the use of the point system as a means of determining a proposed penalty. In so doing, the administrator must determine that the penalty is demonstrably unjust based upon factors present in the particular case.

When the division has waived the use of the point system in determining a penalty, the division administrator shall document the basis for the waiver in the case record and shall also provide a written explanation of the basis for the assessment made to the operator to whom the administrative order was issued.

60.90(4) Submittal of information. Within 15 days of receipt of an administrative order, an operator may provide the division information about the violation or violations addressed in the order. The division will consider any such information in determining the facts of the violation or violations and the amount of the final penalty.

60.90(5) Final assessment and payment of penalty.

a. Unless an appeal contesting the administrative order has been received, the proposed assessment shall become a final order within 30 days following service of the administrative order and the penalty assessed shall become due and payable. If the administrative order is appealed, the proposed assessment shall become a final order and the penalty assessed due and payable within 30 days following service of a final decision on the appeal.

b. All penalties shall be paid within 30 days of the date that the order assessing the penalty becomes final. An operator who fails to pay an administrative penalty assessed by a final order of the division shall pay, in addition, interest at the rate of 11/2 percent of the unpaid balance of the assessed penalty for each month or part of a month that the penalty remains unpaid.

(1) Failure to pay all penalties within 30 days of the date that the order assessing the penalty becomes final shall constitute a violation of these rules.

(2) The division may request the attorney general to institute proceedings to recover all penalties assessed in the event of failure of the operator to make payment.

60.90(6) Deposit of penalty moneys. Penalties collected under the provisions of these rules shall be deposited in an interest-bearing account and may be used for the cost and administrative expenses of reclamation or rehabilitation activities for any mine site as deemed necessary and appropriate by the division.

[Filed 2/2/98, effective 4/1/98]

[Published 2/25/98]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 2/25/98.

ARC 7833A

WORKFORCE DEVELOPMENT BOARD/SERVICES DIVISION[877]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 84A.1B(9) and 96.11, the Department of Workforce Development hereby rescinds 345--Chapter 14, "Iowa Job Training Partnership Program," and adopts 877--Chapter 12, "Iowa Job Training Partnership Program," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 7658A on November 19, 1997. No comments concerning the amendment were received from the public. The amendment is identical to that published under Notice of Intended Action.

The amendment updates the chapter for changes in federal law and streamlines the chapter to make it more understandable for county officials, administrators, and participants.

The Workforce Development Board adopted the amendment on January 26, 1998.

These rules will become effective on April 1, 1998.

These rules are intended to implement Iowa Code chapters 7B and 84A and P.L. 97-300 as amended by P.L. 102-367.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [rescind 345--Ch 14; adopt 877--Ch 12] is being omitted. These rules are identical to those published under Notice as ARC 7658A, IAB 11/19/97.

[Filed 1/28/98, effective 4/1/98]
[Published 2/25/98]

[For replacement pages for IAC, see IAC Supplement 2/25/98.]

---

Previous Bulletin Table of Contents Next Bulletin

---

---

© 1998 Cornell College and League of Women Voters of Iowa

---

Comments about this site or page? lsbinfo@legis.state.ia.us.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed Feb 25 0:02:04 CST 1998
URL: /Rules/1998/Bulletin/acb980225.html
sam