Iowa Administrative Bulletin

IOWA ADMINISTRATIVE BULLETIN
Published Biweekly VOLUME XXI NUMBER 12 December 2, 1998 Pages 1045 to 1120

CONTENTS IN THIS ISSUE
Pages 1060 to 1113 include ARC 8501A to ARC 8540A
AGENDA
Administrative rules review committee 1050
ALL AGENCIES
Schedule for rule making 1048
Publication procedures 1049
Agency identification numbers 1058
ARCHITECTURAL EXAMINING BOARD[193B]
Professional Licensing and Regulation Division[193]
COMMERCE DEPARTMENT[181]"umbrella"
Filed, Registration; fees, 2.3, 2.5 ARC 8514A 1080
Filed, Noncompliance--college student aid
commission, 2.7, 5.25, 6.9(4) ARC 8513A 1080
CITATION OF ADMINISTRATIVE RULES 1047
COMMUNITY ACTION AGENCIES DIVISION[427]
HUMAN RIGHTS DEPARTMENT[421]"umbrella"
Notice, Weatherization assistance program, 5.6
ARC 8539A 1060
Notice, Low-income home energy assistance
program, 10.8 ARC 8540A 1060
CORRECTIONS DEPARTMENT[201]
Notice, Incarceration fees, 20.10 ARC 8537A 1061
DENTAL EXAMINERS BOARD[650]
PUBLIC HEALTH DEPARTMENT[641]"umbrella"
Notice, Public records--college student aid
noncompliance, 6.9(2)"i" ARC 8520A 1061
Notice, Licensure denial--certificate of
noncompliance, 11.9 ARC 8521A 1062
Notice, Suspension or revocation of license--
certificate of noncompliance, 30.4
ARC 8522A 1062
Notice, Student loan default/noncompliance
with agreement for payment of obligation,
ch 34 ARC 8523A 1062
EDUCATIONAL EXAMINERS BOARD[282]
EDUCATION DEPARTMENT[281]"umbrella"
Filed, Middle school endorsement, 14.20(15)
ARC 8526A 1082
EMERGENCY MANAGEMENT DIVISION[605]
PUBLIC DEFENSE DEPARTMENT[601]"umbrella"
Filed, Enhanced 911 telephone systems,
ch 10 ARC 8517A 1082
ENGINEERING AND LAND SURVEYING
EXAMINING BOARD[193C]
Professional Licensing and Regulation Division[193]
COMMERCE DEPARTMENT[181]"umbrella"
Filed, Denial of license, 1.11(1) ARC 8501A 1089
GENERAL SERVICES DEPARTMENT[401]
Economic Impact Statement, Fees paid to
newspapers, 5.21 1114
HISTORICAL DIVISION[223]
CULTURAL AFFAIRS DEPARTMENT[221]"umbrella"
Filed, Historical resource development program,
49.1 to 49.3, 49.5 to 49.7 ARC 8519A 1089
HUMAN SERVICES DEPARTMENT[441]
Notice, Rent subsidy program, 53.1 to 53.5
ARC 8512A 1064
Notice, Family preservation program, ch 185
division III preamble ARC 8502A 1066
Filed, Resources of community spouse--appeals,
75.1(35), 75.5(3), 75.6, 75.15, 75.23, 75.25
ARC 8511A 1090
Filed, Pharmacy reimbursement, 79.1(8)"a"
ARC 8510A 1092
Filed, Nursing facilities, 81.1, 81.3, 81.5(2), 81.6,
81.7, 81.9(2), 81.10, 81.11(1), 81.13(1),
81.14(1) ARC 8509A 1092
INSPECTIONS AND APPEALS DEPARTMENT[481]
Filed, Critical access hospitals, 51.2(7), 51.52
ARC 8516A 1095
INSURANCE DIVISION[191]
COMMERCE DEPARTMENT[181]"umbrella"
Notice of proposed workers' compensation
rate filing 1066
Notice, Life, accident and health self-funded
plans--state exemption, 35.20(1)
ARC 8518A 1066
INTEREST RATES--PUBLIC FUNDS 1079
labor services division[875]
WORKFORCE DEVELOPMENT DEPARTMENT[871]"umbrella"
Filed, Organizational structure, amend and
transfer 347--ch 1 to 875--ch 1, amend 2.1,
2.2(1)"b" ARC 8536A 1096
MEDICAL EXAMINERS BOARD[653]
PUBLIC HEALTH DEPARTMENT[641]"umbrella"
Notice, Impaired physician review committee,
12.16 ARC 8515A 1067
NATURAL RESOURCE COMMISSION[571]
NATURAL RESOURCES DEPARTMENT[561]"umbrella"
Notice, Free lifetime fishing licenses to persons
with severe mental or physical disabilities,
15.7(1), 15.8 to 15.12 ARC 8528A 1068
Notice, Boating passenger capacity, 39.1, 39.2
ARC 8532A 1069
Notice, Meandered streams--motor vehicle use,
49.5"11" ARC 8527A 1070
Amended Notice, Endangered and threatened
plant and animal species, ch 77 ARC 8529A 1070
Notice, Nonresident deer hunting, 94.1, 94.6,
94.8 ARC 8530A 1070
Filed, Depositaries, 15.2, 15.3(4) ARC 8531A 1102
Filed, No-wake zones at Sabula, 40.34
ARC 8533A 1103
Filed, Wild turkey spring hunting, 98.1(1), 98.3,
98.10(1), 98.14 ARC 8538A 1103
PROFESSIONAL LICENSURE DIVISION[645]
PUBLIC HEALTH DEPARTMENT[641]"umbrella"
Notice, Cosmetology arts and sciences, 60.10(1),
64.1(1), 64.2, 64.3, 64.5, 64.6 ARC 8525A 1071
Notice, Optometry examiners, 180.4, 180.5,
180.12(5) ARC 8524A 1073
PUBLIC HEALTH DEPARTMENT[641]
Filed, Reportable diseases, 1.2(1) ARC 8504A 1104
Filed, Immunizations, 7.4(6) ARC 8505A 1105
Filed, Renovation, remodeling, and repainting--
lead hazard notification process, 69.2 to 69.9
ARC 8507A 1105
Filed, Lead professional certification, 70.2, 70.4
to 70.9 ARC 8508A 1108
Filed, Domestic abuse death review team,
ch 91 ARC 8503A 1108
Filed, Emergency medical services, 132.1,
132.5(5), 132.8, 132.9(6), 132.16(3),
139.6(2) ARC 8506A 1110
PUBLIC HEARINGS
Summarized list 1052
REVENUE AND FINANCE DEPARTMENT[701]
Notice, Net capital gains, 40.38 ARC 8535A 1074
Filed, Eligible housing business tax credit,
42.13, 52.15 ARC 8534A 1112
TREASURER OF STATE
Notice--Public funds interest rates 1079
PUBLISHED UNDER AUTHORITY OF IOWA CODE SECTIONS 2B.5 AND 17A.6
__________________________________
PREFACE
The Iowa Administrative Bulletin is published biweekly in pamphlet form pursuant to Iowa Code chapters 2B and 17A and contains Notices of Intended Action on rules, Filed and Filed Emergency rules by state agencies.
It also contains Proclamations and Executive Orders of the Governor which are general and permanent in nature; Economic Impact Statements to proposed rules and filed emergency rules; Objections filed by Administrative Rules Review Committee, Governor or the Attorney General; and Delay by the Committee of the effective date of filed rules; Regulatory Flexibility Analyses and Agenda for monthly Administrative Rules Review Committee meetings. Other "materials deemed fitting and proper by the Administrative Rules Review Committee" include summaries of Public Hearings, Attorney General Opinions and Supreme Court Decisions.
The Bulletin may also contain Public Funds Interest Rates [12C.6]; Workers' Compensation Rate Filings [515A.6(7)]; Usury [535.2(3)"a"]; Agricultural Credit Corporation Maximum Loan Rates [535.12]; and Regional Banking--Notice of Application and Hearing [524.1905(2)].
PLEASE NOTE: Italics indicate new material added to existing rules; ~~strike through letters~~ indicate deleted material.
KATHLEEN K. BATES, Administrative Code Editor Telephone: (515)281-3355
ROSEMARY DRAKE, Assistant Editor (515)281-7252
Fax: (515)281-4424
SUBSCRIPTION INFORMATION
Iowa Administrative Bulletin
The Iowa Administrative Bulletin is sold as a separate publication and may be purchased by subscription or single copy. All subscriptions will expire on June 30 of each year. Subscriptions must be paid in advance and are prorated quarterly as follows:
First quarter July 1, 1998, to June 30, 1999 $244.10 plus $12.21 sales tax
Second quarter October 1, 1998, to June 30, 1999 $185.00 plus $9.25 sales tax
Third quarter January 1, 1999, to June 30, 1999 $125.00 plus $6.25 sales tax
Fourth quarter April 1, 1999, to June 30, 1999 $ 65.00 plus $3.25 sales tax
Single copies may be purchased for $19.00 plus $0.95 tax. Back issues may be purchased if the issues are available.
Iowa Administrative Code
The Iowa Administrative Code and Supplements are sold in complete sets and subscription basis only. All subscriptions for the Supplement (replacement pages) must be for the complete year and will expire on June 30 of each year.
Prices for the Iowa Administrative Code and its Supplements are as follows:
Iowa Administrative Code - $1,119.00 plus $55.95 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 $10.90 plus $0.55 tax.)
Iowa Administrative Code Supplement - $393.50 plus $19.68 sales tax
(Subscription expires June 30, 1999)
All checks should be made payable to the Iowa State Printing Division. Send all inquiries and subscription orders to:
Customer Service Center
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Telephone: (515)242-5120
Schedule for Rule Making
1998

NOTICE SUBMISSION DEADLINE	NOTICE PUB. DATE	HEARING OR COMMENTS 20 DAYS	FIRST POSSIBLE ADOPTION DATE 35 DAYS	ADOPTED FILING DEADLINE	ADOPTED PUB. DATE	FIRST POSSIBLE EFFECTIVE DATE	POSSIBLE EXPIRATION OF NOTICE 180 DAYS
Dec. 26 '97	Jan. 14 '98	Feb. 3	Feb. 18	Feb. 20	Mar. 11	Apr. 15	July 13
Jan. 9 '98	Jan. 28	Feb. 17	Mar. 4	Mar. 6	Mar. 25	Apr. 29	July 27
Jan. 23	Feb. 11	Mar. 3	Mar. 18	Mar. 20	Apr. 8	May 13	Aug. 10
Feb. 6	Feb. 25	Mar. 17	Apr. 1	Apr. 3	Apr. 22	May 27	Aug. 24
Feb. 20	Mar. 11	Mar. 31	Apr. 15	Apr. 17	May 6	June 10	Sept. 7
Mar. 6	Mar. 25	Apr. 14	Apr. 29	May 1	May 20	June 24	Sept. 21
Mar. 20	Apr. 8	Apr. 28	May 13	May 15	June 3	July 8	Oct. 5
Apr. 3	Apr. 22	May 12	May 27	May 29	June 17	July 22	Oct. 19
Apr. 17	May 6	May 26	June 10	June 12	July 1	Aug. 5	Nov. 2
May 1	May 20	June 9	June 24	June 26	July 15	Aug. 19	Nov. 16
May 15	June 3	June 23	July 8	July 10	July 29	Sept. 2	Nov. 30
May 29	June 17	July 7	July 22	July 24	Aug. 12	Sept. 16	Dec. 14
June 12	July 1	July 21	Aug. 5	Aug. 7	Aug. 26	Sept. 30	Dec. 28
June 26	July 15	Aug. 4	Aug. 19	Aug. 21	Sept. 9	Oct. 14	Jan. 11 '99
July 10	July 29	Aug. 18	Sept. 2	Sept. 4	Sept. 23	Oct. 28	Jan. 25 '99
July 24	Aug. 12	Sept. 1	Sept. 16	Sept. 18	Oct. 7	Nov. 11	Feb. 8 '99
Aug. 7	Aug. 26	Sept. 15	Sept. 30	Oct. 2	Oct. 21	Nov. 25	Feb. 22 '99
Aug. 21	Sept. 9	Sept. 29	Oct. 14	Oct. 16	Nov. 4	Dec. 9	Mar. 8 '99
Sept. 4	Sept. 23	Oct. 13	Oct. 28	Oct. 30	Nov. 18	Dec. 23	Mar. 22 '99
Sept. 18	Oct. 7	Oct. 27	Nov. 11	Nov. 13	Dec. 2	Jan. 6 '99	Apr. 5 '99
Oct. 2	Oct. 21	Nov. 10	Nov. 25	Nov. 27	Dec. 16	Jan. 20 '99	Apr. 19 '99
Oct. 16	Nov. 4	Nov. 24	Dec. 9	Dec. 11	Dec. 30	Feb. 3 '99	May 3 '99
Oct. 30	Nov. 18	Dec. 8	Dec. 23	Dec. 25	Jan. 13 '99	Feb. 17 '99	May 17 '99
Nov. 13	Dec. 2	Dec. 22	Jan. 6 '99	Jan. 8 '99	Jan. 27 '99	Mar. 3 '99	May 31 '99
Nov. 27	Dec. 16	Jan. 5 '99	Jan. 20 '99	Jan. 22 '99	Feb. 10 '99	Mar. 17 '99	June 14 '99
Dec. 11	Dec. 30	Jan. 19 '99	Feb. 3 '99	Feb. 5 '99	Feb. 24 '99	Mar. 31 '99	June 28 '99
Dec. 25	Jan. 13 '99	Feb. 2 '99	Feb. 17 '99	Feb. 19 '99	Mar. 10 '99	Apr. 14 '99	July 12 '99
Jan. 8 '99	Jan. 27 '99	Feb. 16 '99	Mar. 3 '99	Mar. 5 '99	Mar. 24 '99	Apr. 28 '99	July 26 '99

PRINTING SCHEDULE FOR IAB
ISSUE NUMBER	SUBMISSION DEADLINE	ISSUE DATE
14	Friday, December 11, 1998	December 30, 1998
15	Friday, December 25, 1998	January 13, 1999
16	Friday, January 8, 1999	January 27, 1999

PLEASE NOTE:
Rules will not be accepted after 12 o'clock noon on the Friday filing deadline days unless prior approval has been received from the Administrative Rules Coordinator's office.
If the filing deadline falls on a legal holiday, submissions made on the following Monday will be accepted.

PUBLICATION PROCEDURES
TO: Administrative Rules Coordinators and Text Processors of State Agencies
FROM: Kathleen K. Bates, Iowa Administrative Code Editor
SUBJECT: Publication of Rules in Iowa Administrative Bulletin
The Administrative Code Division uses Interleaf 6 to publish the Iowa Administrative Bulletin and can import documents directly from most other word processing systems, including Microsoft Word, 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, but not on the diskettes; diskettes are returned unchanged.
Your cooperation helps us print the Bulletin more quickly and cost-effectively than was previously possible and is greatly appreciated.

AGENDA
The Administrative Rules Review Committee will hold its regular, statutory meeting on Tuesday, December 8, 1998, at10 a.m., and Wednesday, December 9, 1998, at 9 a.m. in Room 118, State Capitol, Des Moines, Iowa. The following rules will be reviewed:
NOTE: See also Agenda published in the November 18, 1998, Iowa Administrative Bulletin.
Bulletin
ARCHITECTURAL EXAMINING BOARD[193B]
Professional Licensing and Regulation Division[193]
COMMERCE DEPARTMENT[181]"umbrella"
Reinstatement of a lapsed registration; original registration fees, 2.3, 2.3(1), 2.3(2), 2.5, Filed ARC 8514A 12/2/98
Certificate of noncompliance from the college student aid commission, 2.7, 5.25, 6.9(4), Filed ARC 8513A 12/2/98
COMMUNITY ACTION AGENCIES DIVISION[427]
HUMAN RIGHTS DEPARTMENT[421]"umbrella"
Recoupment of overpayments or payments fraudulently obtained under the weatherization assistance program, 5.6,
Notice ARC 8539A 12/2/98
Recoupment of overpayments or payments fraudulently obtained under the low-income home energy assistance
program, 10.8, 10.8(2) to 10.8(4), Notice ARC 8540A 12/2/98
CORRECTIONS DEPARTMENT[201]
Incarceration fees, 20.10, Notice ARC 8537A 12/2/98
DENTAL EXAMINERS BOARD[650]
PUBLIC HEALTH DEPARTMENT[641]"umbrella"
Sharing of information with the college student aid commission, 6.9(2)"i," Notice ARC 8520A 12/2/98
License denial--certificate of noncompliance, 11.9, 11.10, Notice ARC 8521A 12/2/98
Discipline--certificate of noncompliance, 30.4"41" and "42," Notice ARC 8522A 12/2/98
Student loan default/noncompliance with agreement for payment of obligation, ch 34, Notice ARC 8523A 12/2/98
EDUCATIONAL EXAMINERS BOARD[282]
EDUCATION DEPARTMENT[281]"umbrella"
Middle school endorsement, 14.20(15)"b"(2)"2," Filed ARC 8526A 12/2/98
EMERGENCY MANAGEMENT DIVISION[605]
PUBLIC DEFENSE DEPARTMENT[601]"umbrella"
Enhanced 911 telephone systems, ch 10, Filed ARC 8517A 12/2/98
ENGINEERING AND LAND SURVEYING EXAMINING BOARD[193C]
Professional Licensing and Regulation Division[193]
COMMERCE DEPARTMENT[181]"umbrella"
Administrative remedies, 1.11(1), Filed ARC 8501A 12/2/98
GENERAL SERVICES DEPARTMENT[401]
Fees paid to newspapers, 5.21, Economic Impact Statement on ARC 8270A (IAB 8/26/98) 12/2/98
HISTORICAL DIVISION[223]
CULTURAL AFFAIRS DEPARTMENT[221]"umbrella"
Historical resource development program, 49.1, 49.2, 49.3(1)"a," 49.3(2)"d," 49.5(2)"d," 49.5(3), 49.6(1)"c" and "d,"
49.6(3)"e," 49.7(1)"b"(7) and (18), 49.7(2)"f," Filed ARC 8519A 12/2/98
HUMAN SERVICES DEPARTMENT[441]
Rent subsidy program, ch 53 preamble, 53.1 to 53.3, 53.3(1), 53.3(2), 53.4(3), 53.5(2), Notice ARC 8512A 12/2/98
Additional resources for community spouse; X-PERT system; transfer of assets, 75.1(35)"c"(2), 75.5(3)"a" and "e," 75.6,
75.15, 75.23(3), 75.23(5)"d," 75.25, Filed ARC 8511A 12/2/98
Pharmacy reimbursement, 79.1(8)"a," Filed ARC 8510A 12/2/98
Medicaid payment to nursing facilities, 81.1, 81.3(1), 81.3(2)"a"(4), 81.3(3), 81.5(2), 81.6, 81.6(3), 81.6(4), 81.6(13), 81.6(15),
81.6(16)"b" and "g," 81.6(17), 81.7, 81.9(2), 81.10(5)"e"(1), 81.10(7)"a," 81.11(1), 81.13(1)"a" to "f," 81.14(1),
Filed ARC 8509A 12/2/98
Family preservation program services, ch 185 division III preamble, Notice ARC 8502A 12/2/98
INSPECTIONS AND APPEALS DEPARTMENT[481]
Critical access hospitals, 51.2(7), 51.52, Filed ARC 8516A 12/2/98
INSURANCE DIVISION[191]
COMMERCE DEPARTMENT[181]"umbrella"
Life and accident and health self-funded plans--state exemption, 35.20(1), Notice ARC 8518A 12/2/98
LABOR SERVICES DIVISION[875]
WORKFORCE DEVELOPMENT DEPARTMENT[871]"umbrella"
Organizational structure, amend and transfer 347--ch 1 to 875--ch 1, amend 2.1, 2.2(1)"b," Filed ARC 8536A 12/2/98
MEDICAL EXAMINERS BOARD[653]
PUBLIC HEALTH DEPARTMENT[641]"umbrella"
Evaluation of facilities and treatment providers for the impaired physician review committee (IPRC), 12.16(1),
12.16(9) to 12.16(20), Notice ARC 8515A 12/2/98
NATURAL RESOURCE COMMISSION[571]
NATURAL RESOURCES DEPARTMENT[561]"umbrella"
General license regulations, 15.2(1), 15.2(3)"a," 15.2(4), 15.2(5)"a" to "c," and "e," 15.3(4), Filed ARC 8531A 12/2/98
Free lifetime fishing licenses to persons with severe mental or physical disabilities, 15.7(1), 15.8 to 15.12,
Notice ARC 8528A 12/2/98
Boating passenger capacity rating, 39.1, 39.2, Notice ARC 8532A 12/2/98
No-wake zones on the Mississippi River at Sabula, 40.34(1), 40.34(3), Filed ARC 8533A 12/2/98
Des Moines River--motor vehicle prohibition in meandered streams, 49.5"11," Notice ARC 8527A 12/2/98
Nonresident deer hunting, 94.1, 94.6, 94.8, Notice ARC 8530A 12/2/98
Wild turkey spring hunting, 98.1(1)"b," 98.3, 98.3(1)"a," 98.10(1), 98.14, Filed ARC 8538A 12/2/98
PROFESSIONAL LICENSURE DIVISION[645]
PUBLIC HEALTH DEPARTMENT[641]"umbrella"
Board of cosmetology arts and sciences examiners, 60.10(1), 64.1(1), 64.2, 64.3, 64.5, 64.6, Notice ARC 8525A 12/2/98
Board of optometry examiners, 180.4, 180.5, 180.5(1) to 180.5(3), 180.12(5)"d," Notice ARC 8524A 12/2/98
PUBLIC HEALTH DEPARTMENT[641]
Reportable disease list, 1.2(1)"a," Filed ARC 8504A 12/2/98
Immunization schedule, 7.4(6), Filed ARC 8505A 12/2/98
Renovation, remodeling, and repainting--lead hazard notification process, 69.2 to 69.9, Filed ARC 8507A 12/2/98
Lead professional certification, 70.2, 70.4(1)"e," 70.4(2)"k," 70.4(8) to 70.4(11), 70.5(2)"a" and "e," 70.6(2)"d"(6),
70.6(4)"h," 70.6(4)"h"(6), 70.6(6)"d" and "i," 70.6(7)"c"(6), 70.7 to 70.9, Filed ARC 8508A 12/2/98
Iowa domestic abuse death review team, ch 91, Filed ARC 8503A 12/2/98
Emergency medical services, 132.1, 132.5(5)"a," 132.8(2), 132.8(10), 132.9(6), 132.16(3), 139.6(2), Filed ARC 8506A 12/2/98
REVENUE AND FINANCE DEPARTMENT[701]
Net capital gains received by individual taxpayers, 40.38, 40.38(6) to 40.38(14), Notice ARC 8535A 12/2/98
Eligible housing business tax credit, 42.13, 52.15, Filed ARC 8534A 12/2/98
PUBLIC HEARINGS
To All Agencies:
The Administrative Rules Review Committee voted to request that Agencies comply with Iowa Code section 17A.4(1)"b" by allowing the opportunity for oral presentation (hearing) to be held at least twenty days after publication of Notice in the Iowa Administrative Bulletin.

AGENCY	HEARING LOCATION	DATE AND TIME OF HEARING
CORRECTIONS DEPARTMENT[201]
Institutions administration-- incarceration fees, 20.10 IAB 12/2/98 ARC 8537A	Conference Room 420 Keo Way Des Moines, Iowa	December 22, 1998 9 to 11 a.m.
DENTAL EXAMINERS BOARD[650]
Dental hygiene committee, 1.1 IAB 11/18/98 ARC 8474A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	December 9, 1998 1 p.m.
Dental hygiene committee within the board, 5.1, 5.2, 5.6 IAB 11/18/98 ARC 8477A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	December 9, 1998 1 p.m.
Public records--college student aid noncompliance, 6.9(2)"i" IAB 12/2/98 ARC 8520A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Ave. Des Moines, Iowa	December 23, 1998 1 p.m.
Dental hygiene committee--petitions for rule making, 7.1 IAB 11/18/98 ARC 8481A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	December 9, 1998 1 p.m.
Definition--unauthorized practice of dental hygiene, 10.4 IAB 11/18/98 ARC 8487A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	December 9, 1998 1 p.m.
Application to practice dental hygiene, 11.5 to 11.8 IAB 11/18/98 ARC 8486A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	December 9, 1998 1 p.m.
Applications--college student aid noncompliance, 11.9, 11.10 IAB 12/2/98 ARC 8521A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	December 23, 1998 1 p.m.
Examinations--dental hygiene committee, 12.3, 12.4(2) IAB 11/18/98 ARC 8485A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	December 9, 1998 1 p.m.
Dental hygiene--faculty permits, 13.2 IAB 11/18/98 ARC 8484A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	December 9, 1998 1 p.m.
DENTAL EXAMINERS BOARD[650] (Cont'd)
Dental hygiene committee-- application review, 14.1(5), 14.5(4) IAB 11/18/98 ARC 8483A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	December 9, 1998 1 p.m.
Dental hygiene committee--license application fees, 15.1, 15.2 IAB 11/18/98 ARC 8476A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	December 9, 1998 1 p.m.
Fee increase--dental radiography, 22.9(2) IAB 11/18/98 ARC 8475A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	December 9, 1998 1 p.m.
Dental hygiene continuing education, 25.11 IAB 11/18/98 ARC 8482A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	December 9, 1998 1 p.m.
Dental hygiene ethics, 27.1 IAB 11/18/98 ARC 8478A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	December 9, 1998 1 p.m.
Discipline--college student aid noncompliance, 30.4 IAB 12/2/98 ARC 8522A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	December 23, 1998 1 p.m.
Dental hygiene committee-- complaint and peer review, 31.1, 31.5 IAB 11/18/98 ARC 8480A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	December 9, 1998 1 p.m.
Student loan default/noncompliance with agreement for payment of obligation, ch 34 IAB 12/2/98 ARC 8523A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	December 23, 1998 1 p.m.
Disciplinary hearings, 51.4, 51.7(3) IAB 11/18/98 ARC 8479A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	December 9, 1998 1 p.m.
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]
Self-employment loan program-- definition of low income, 51.3 IAB 11/18/98 ARC 8453A	Main Conference Room 200 E. Grand Ave. Des Moines, Iowa	December 9, 1998 2 p.m.
Entrepreneurial ventures and assistance program, 60.4, 60.5 IAB 11/18/98 ARC 8454A	Main Conference Room 200 E. Grand Ave. Des Moines, Iowa	December 9, 1998 1 p.m.
HUMAN SERVICES DEPARTMENT[441]
Limited benefit plan, 7.5(8), 40.23, 40.26, 41.24, 93.104, 93.105(2), 93.138, 93.140(2) IAB 11/18/98 ARC 8464A	Conference Room--6th Floor Iowa Bldg., Suite 600 411 Third St. S.E. Cedar Rapids, Iowa	December 9, 1998 10 a.m.
	Administrative Conference Room 417 E. Kanesville Blvd. Council Bluffs, Iowa	December 9, 1998 9 a.m.
	Conference Room 3--5th Floor Bicentennial Bldg. 428 Western Davenport, Iowa	December 10, 1998 10 a.m.
	Conference Room 104 City View Plaza 1200 University Des Moines, Iowa	December 9, 1998 1:30 p.m.
	Liberty Room Mohawk Square 22 N. Georgia Ave. Mason City, Iowa	December 10, 1998 10 a.m.
	Conference Room 3 120 E. Main Ottumwa, Iowa	December 9, 1998 10 a.m.
	Fifth Floor 520 Nebraska St. Sioux City, Iowa	December 10, 1998 1 p.m.
	Conference Room 420 Pinecrest Office Bldg. 1407 Independence Ave. Waterloo, Iowa	December 9, 1998 10 a.m.
FIP and FMAP and FMAP-related Medicaid programs, 41.27, 41.28(1), 46.21, 46.24(3), 75.57, 75.58(1), 93.132, 93.133 IAB 11/18/98 ARC 8465A	Conference Room--6th Floor Iowa Bldg., Suite 600 411 Third St. S.E. Cedar Rapids, Iowa	December 9, 1998 10 a.m.
	Administrative Conference Room 417 E. Kanesville Blvd. Council Bluffs, Iowa	December 9, 1998 9 a.m.
	Conference Room 3--5th Floor Bicentennial Bldg. 428 Western Davenport, Iowa	December 10, 1998 10 a.m.
	Conference Room 104 City View Plaza 1200 University Des Moines, Iowa	December 9, 1998 1:30 p.m.
	Liberty Room Mohawk Square 22 N. Georgia Ave. Mason City, Iowa	December 10, 1998 10 a.m.
HUMAN SERVICES DEPARTMENT[441] (Cont'd)	Conference Room 3 120 E. Main Ottumwa, Iowa	December 9, 1998 10 a.m.
	Fifth Floor 520 Nebraska St. Sioux City, Iowa	December 10, 1998 1 p.m.
	Conference Room 420 Pinecrest Office Bldg. 1407 Independence Ave. Waterloo, Iowa	December 9, 1998 10 a.m.
Healthy and well kids in Iowa (HAWK-I) program, 76.1, 76.11(4), ch 86 IAB 11/4/98 ARC 8450A	Administrative Conference Room 417 E. Kanesville Blvd. Council Bluffs, Iowa	December 2, 1998 10 a.m.
	Conference Room 104 City View Plaza 1200 University Des Moines, Iowa	December 2, 1998 10 a.m.
	Conference Room 3 120 E. Main Ottumwa, Iowa	December 2, 1998 10 a.m.
HCBS physical disability waiver services, 77.41, 78.46, 79.1(2), 79.14(1), 83.92 to 83.111 IAB 11/4/98 ARC 8427A	Conference Room--6th Floor Iowa Bldg., Suite 600 411 Third St. S.E. Cedar Rapids, Iowa	December 2, 1998 10 a.m.
	Administrative Conference Room 417 E. Kanesville Blvd. Council Bluffs, Iowa	December 2, 1998 9 a.m.
	Conference Room 5--5th Floor Bicentennial Bldg. 428 Western Davenport, Iowa	December 2, 1998 10 a.m.
LABOR SERVICES DIVISION[875]
General industry safety and health, 10.20 IAB 11/18/98 ARC 8498A	1000 E. Grand Ave. Des Moines, Iowa	December 10, 1998 9 a.m. (If requested)
NATURAL RESOURCE COMMISSION[571]
Free lifetime fishing licenses for persons with severe physical or mental disabilities, 15.7(1), 15.8 to 15.12 IAB 12/2/98 ARC 8528A	Conference Room--4th Floor West Wallace State Office Bldg. Des Moines, Iowa	December 23, 1998 10 a.m.
U.S. Coast Guard capacity rating, 39.1, 39.2 IAB 12/2/98 ARC 8532A	Conference Room--4th Floor West Wallace State Office Bldg. Des Moines, Iowa	December 23, 1998 9 a.m.
Meandered streams--motor vehicle use, 49.5 IAB 12/2/98 ARC 8527A	Conference Room--4th Floor East Wallace State Office Bldg. Des Moines, Iowa	January 21, 1999 10 a.m.
NATURAL RESOURCE COMMISSION[571] (Cont'd)
Nonresident deer hunting, 94.1, 94.6, 94.8 IAB 12/2/98 ARC 8530A	Conference Room--4th Floor Wallace State Office Bldg. Des Moines, Iowa	January 14, 1999 1 p.m.
PERSONNEL DEPARTMENT[581]
Deferred compensation, 15.6, 15.13 IAB 11/18/98 ARC 8472A	North Conference Room--1st Floor Grimes State Office Bldg. Des Moines, Iowa	December 10, 1998 1:30 p.m.
PETROLEUM UST FUND BOARD, IOWA COMPREHENSIVE[591]
Remedial and insurance claims, 11.1(3) IAB 11/18/98 ARC 8470A	Conference Room Suite B 1000 Illinois St. Des Moines, Iowa	December 8, 1998 10 a.m.
Remedial and insurance claims, 11.1(3)"r," 11.1(5)"f" IAB 11/18/98 ARC 8471A	Conference Room Suite B 1000 Illinois St. Des Moines, Iowa	December 8, 1998 10 a.m.
PROFESSIONAL LICENSURE DIVISION[645]
Barber examiners, 20.12 IAB 11/18/98 ARC 8492A	Conference Room 1--4th Floor Lucas State Office Bldg. Des Moines, Iowa	December 8, 1998 2 to 3 p.m.
Cosmetology arts and sciences examiners, 60.10(1), 64.1(1), 64.2, 64.3, 64.5, 64.6 IAB 12/2/98 ARC 8525A	Conference Room--3rd Floor Side Two Lucas State Office Bldg. Des Moines, Iowa	December 22, 1998 8:30 to 10:30 a.m.
Optometry examiners, 180.4, 180.5, 180.12(5) IAB 12/2/98 ARC 8524A	Conference Room--3rd Floor Side Two Lucas State Office Bldg. Des Moines, Iowa	December 22, 1998 1 to 3 p.m.
PUBLIC HEALTH DEPARTMENT[641]
Death certification, autopsy and disinterment, 101.4 to 101.6 IAB 11/18/98 ARC 8496A	Conference Room--4th Floor Lucas State Office Bldg. Des Moines, Iowa	December 8, 1998 3 p.m.
Iowa regionalized system of perinatal health care, ch 150 IAB 11/18/98 ARC 8497A (ICN Network)	ICN Classroom 1 Iowa School for the Deaf 1600 S. Hwy. 275 Council Bluffs, Iowa	December 9, 1998 10 a.m.
	Central High School 1120 Main St. Davenport, Iowa	December 9, 1998 10 a.m.
	Room 153 Mason City High School 1700 4th St. S.E. Mason City, Iowa	December 9, 1998 10 a.m.
PUBLIC HEALTH DEPARTMENT[641] (Cont'd)	Room 215 East High School 5011 Mayhew Ave. Sioux City, Iowa	December 9, 1998 10 a.m.
	East High School 214 High St. Waterloo, Iowa	December 9, 1998 10 a.m.
	ICN Room--3rd Floor Lucas State Office Bldg. Des Moines, Iowa	December 9, 1998 10 a.m.
RACING AND GAMING COMMISSION[491]
Peace officer on riverboat, 25.14(2) IAB 11/18/98 ARC 8456A	Suite B 717 E. Court Des Moines, Iowa	December 8, 1998 9 a.m.
REVENUE AND FINANCE DEPARTMENT[701]
Taxation of net capital gains, 40.38 IAB 12/2/98 ARC 8535A	Conference Room--4th Floor Hoover State Office Bldg. Des Moines, Iowa	January 5, 1999 9 a.m.
Condominiums--commercial or residential real estate, 71.1 IAB 11/4/98 ARC 8435A (See also ARC 8342A)	Conference Room--4th Floor Hoover State Office Bldg. Des Moines, Iowa	December 4, 1998 10 a.m.

CITATION of Administrative Rules

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

441 IAC 79 (Chapter)

441 IAC 79.1(249A) (Rule)

441 IAC 79.1(1) (Subrule)

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

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

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

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

AGENCY IDENTIFICATION NUMBERS
Due to reorganization of state government by 1986 Iowa Acts, chapter 1245, it was necessary to revise the agency identification numbering system, i.e., the bracketed number following the agency name.
"Umbrella" agencies and elected officials are set out below at the left-hand margin in CAPITAL letters.
Divisions (boards, commissions, etc.) are indented and set out in lowercase type under their statutory "umbrellas."
Other autonomous agencies which were not included in the original reorganization legislation as "umbrella" agencies are included alphabetically in small capitals at the left-hand margin, e.g., BEEF INDUSTRY COUNCIL, IOWA[101].
The following list will be updated as changes occur:
AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]
Agricultural Development Authority[25]
Soil Conservation Division[27]
ATTORNEY GENERAL[61]
AUDITOR OF STATE[81]
BEEF INDUSTRY COUNCIL, IOWA[101]
BLIND, DEPARTMENT FOR THE[111]
CITIZENS' AIDE[141]
CIVIL RIGHTS COMMISSION[161]
COMMERCE DEPARTMENT[181]
Alcoholic Beverages Division[185]
Banking Division[187]
Credit Union Division[189]
Insurance Division[191]
Professional Licensing and Regulation Division[193]
Accountancy Examining Board[193A]
Architectural Examining Board[193B]
Engineering and Land Surveying Examining Board[193C]
Landscape Architectural Examining Board[193D]
Real Estate Commission[193E]
Real Estate Appraiser Examining Board[193F]
Savings and Loan Division[197]
Utilities Division[199]
CORRECTIONS DEPARTMENT[201]
Parole Board[205]
CULTURAL AFFAIRS DEPARTMENT[221]
Arts Division[222]
Historical Division[223]
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]
City Development Board[263]
Iowa Finance Authority[265]
EDUCATION DEPARTMENT[281]
Educational Examiners Board[282]
College Student Aid Commission[283]
Higher Education Loan Authority[284]
Iowa Advance Funding Authority[285]
Libraries and Information Services Division[286]
Public Broadcasting Division[288]
School Budget Review Committee[289]
EGG COUNCIL[301]
ELDER AFFAIRS DEPARTMENT[321]
EMPLOYMENT SERVICES DEPARTMENT[341]
Job Service Division[345]
Labor Services Division[347]
EMPOWERMENT BOARD, IOWA[349]
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]
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]
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]
WORKFORCE DEVELOPMENT DEPARTMENT[871]
Labor Services Division[875]
Workers' Compensation Division[876]
Workforce Development Board and
Workforce Development Center Administration Division[877]
NOTICES
ARC 8539A
COMMUNITY ACTION AGENCIES DIVISION[427]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 216A.92B, the Division of Community Action Agencies hereby gives Notice of Intended Action to amend Chapter 5, "Weatherization Assistance Program," Iowa Administrative Code.
The amendment was approved at the November 13, 1998, regular meeting of the Commission on Community Action Agencies.
The amendment establishes procedures to implement a 28E Agreement between the Department of Human Rights and the Department of Inspections and Appeals to recoup overpayments or payments fraudulently obtained under the Weatherization Assistance Program.
Any interested person may present written comments, data, views and arguments on the proposed amendment not later than 4:30 on January 5, 1999. Such written materials should be addressed to James E. Smith, Administrator, Division of Community Action Agencies, Department of Human Rights, Lucas State Office Building, Capitol Complex, Des Moines, Iowa 50319.
The following acronyms are used in this amendment:
LAA - Local Administering Agencies
DHR/DCAA - Department of Human Rights/Division of Community Action Agencies
This amendment is intended to implement Iowa Code section 216A.92.
The following amendment is proposed.
Adopt new rule 427--5.6(216A) as follows:
427--5.6(216A) Payments.
5.6(1) Duplicate and fraudulent payment control. Each LAA is required to provide a system to monitor and prevent possible duplicate and other fraudulent applications and payments. Duplication cross-checks shall be based on household members' names, addresses and social security numbers.
5.6(2) Referrals. Each LAA is required to refer all suspected cases of fraud, including duplicate payments and fraudulent statements on applications, to the DHR/DCAA for investigation.
5.6(3) Overpayments. If the DHR/DCAA receives information from an LAA or from any source that an overpayment has occurred because of client error, client fraud, client misrepresentation or agency error, the DHR/DCAA may refer the overpayment to the department of inspections and appeals (DIA) for investigation and collection in accordance with the procedures under 481 IAC 71.
ARC 8540A
COMMUNITY ACTION AGENCIES DIVISION[427]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 216A.92B, the Division of Community Action Agencies hereby gives Notice of Intended Action to amend Chapter 10, "Low-Income Home Energy Assistance Program," Iowa Administrative Code.
These amendments were approved at the November 13, 1998, regular meeting of the Commission on Community Action Agencies.
These amendments establish procedures to implement a 28E Agreement between the Department of Human Rights and the Department of Inspections and Appeals to recoup overpayments or payments fraudulently obtained under the Low-Income Home Energy Assistance Program.
Any interested person may present written comments, data, views and arguments on the proposed amendments not later than 4:30 p.m. on January 5, 1999. Such written materials should be addressed to James E. Smith, Administrator, Division of Community Action Agencies, Department of Human Rights, Lucas State Office Building, Capitol Complex, Des Moines, Iowa 50319.
These amendments are intended to implement Iowa Code section 216A.92 and PL 97-35 as amended by PL 98-558.
The following amendments are proposed.
ITEM 1. Amend 427--10.8(216A,PL97-35,PL98-558), catchwords, as follows:
427--10.8(216A,PL97-35,PL98-558) ~~Types of Payments~~ Payments.
ITEM 2. Amend subrule 10.8(2) as follows:
10.8(2) Duplicate and fraudulent payment control. Each LAA is required to provide a system to monitor and prevent possible duplicate and other fraudulent applications and payments. Duplication cross-checks shall be based on household members' ~~name, address and social security number~~ names, addresses and social security numbers. ~~Suspected cases of fraud, including making fraudulent statements on an application, will be referred to the state for investigation.~~
ITEM 3. Adopt the following new subrule 10.8(3):
10.8(3) Referrals. Each LAA is required to refer all suspected cases of fraud, including duplicate payments and fraudulent statements on applications, to the DHR/DCAA for investigation.
ITEM 4. Adopt the following new subrule 10.8(4):
10.8(4) Overpayments. If the DHR/DCAA receives information from an LAA or from any source that an overpayment has occurred because of client error, client fraud, client misrepresentation or agency error, the DHR/DCAA may refer the overpayment to the department of inspections and appeals (DIA) for investigation and collection in accordance with the procedures under 481 IAC 71.
ARC 8537A
CORRECTIONS DEPARTMENT[201]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code Supplement section 904.108(1)"l," the Department of Corrections gives Notice of Intended Action to amend Chapter 20, "Institutions Administration," Iowa Administrative Code.
Iowa Code Supplement section 904.108(7) authorizes the Director to collect incarceration fees from inmates for custodial expenses. These expenses include, but are not limited to, education, clothing, and room and board. For the purpose of recouping budget deficits targeted for the collection of these fees, the Department finds it necessary to change its collection method of assessing $5 per month to adding a 6 percent surcharge to all store orders including canteen purchases. Exceptions would include, for example, funeral trip expenses and education expenses. Exceptions will require approval of the Warden or designee.
Any interested person may submit written comments to the Director on or before December 22, 1998. Written comments must be sent to the Director, Department of Corrections, 420 Keo Way, Des Moines, Iowa 50309.
A public hearing is scheduled for 9 to 11 a.m. on December 20, 1998, in the Corrections Conference Room at the above address.
This amendment was approved by the Department on November 13, 1998.
This amendment is intended to implement Iowa Code Supplement section 904.108(7).
The following amendment is proposed.
Amend rule 201--20.10(904) as follows:
201--20.10(904) Incarceration fees. Effective July 1, 1997, an incarceration fee ~~of up to $5 per month~~ will be assessed to all inmates. ~~who are financially able to pay. The ability to pay will be determined by an inmate's medical, physical, and mental status as well as security and program levels.~~ The incarceration fee will be collected by way of a6 percent surcharge added to all canteen purchases.
~~20.10(1)~~ Deductions will occur on the first workday of each month provided all other legal and department financial obligations have been met including personal hygiene items and postage. Legal obligations include, but may not be limited to, Iowa Code section 904.108 as amended by 1997 Iowa Acts, chapter 190; Iowa Code sections 904.508, 904.702, 904.809 and 904.909; Iowa Code chapters 610 and 610A; and Iowa Rules of Civil Procedure section 80(b). Federal obligations include but are not limited to United States Code Title 28, Section 1915(b), and Federal Rules of Civil Procedure, page 54, and United States Code Title 31, Section 3713.
~~20.10(2)~~ For those inmates determined to be able to pay, the first deduction will occur on the first workday in August and on the first workday of each subsequent month thereafter until the release of the inmate.
~~20.10(3)~~ ~~If an inmate is determined to be able to pay but there are insufficient funds in the inmate's account at the time of the deduction, the amount will be deducted from subsequent credits to the account.~~
20.10(4) Inmates assigned to a violator program at ICIW or NCF, in accordance with Iowa Code section 904.207, ~~or inmates employed in private sector jobs, in which case federal regulations apply in accordance with Iowa Code section 904.108 as amended by 1997 Iowa Acts, chapter 190,~~ are excluded from deductions as required by rule.
201.10(5) The director may temporarily delay or suspend the collection of these ~~fees~~ surcharges or may modify the method or source of collections. ~~to minimize related administrative burdens.~~
This rule is intended to implement Iowa Code Supplement section 904.108(7) ~~as amended by 1997 Iowa Acts, chapter 190~~.
ARC 8520A
DENTAL EXAMINERS BOARD[650]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners gives the Notice of Intended Action to amend Chapter 6, "Public Records and Fair Information Practices," Iowa Administrative Code.
This amendment implements 1998 Iowa Acts, chapter 1081, requiring professional licensing boards to deny the issuance or renewal of a license or to suspend or revoke a license upon receipt of a certificate of noncompliance from the College Student Aid Commission.
Any interested person may make written suggestions or comments on the proposed amendment on or before December 22, 1998. Such written comments should be directed to Constance L. Price, Executive Director, Board of Dental Examiners, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa 50319.
There will be a public hearing on December 23, 1998, at1 p.m. in the Second Floor Conference Room, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa. 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 amendment.
This amendment is intended to implement 1998 Iowa Acts, chapter 1081.
The following amendment is proposed.
Amend subrule 6.9(2) by adopting new paragraph "i" as follows:
i. Notwithstanding any statutory confidentiality provision, the board may share information with the college student aid commission for the sole purpose of identifying applicants or licensees subject to enforcement under 1998 Iowa Acts, chapter 1081.
ARC 8521A
DENTAL EXAMINERS BOARD[650]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners gives Notice of Intended Action to amend Chapter 11, "Applications," Iowa Administrative Code.
This rule implements 1998 Iowa Acts, chapter 1081, requiring professional licensing boards to deny the issuance or renewal of a license upon receipt of a certificate of noncompliance from the College Student Aid Commission.
Any interested person may make written suggestions or comments on this proposed amendment on or before December 22, 1998. Such written comments should be directed to Constance L. Price, Executive Director, Board of Dental Examiners, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa 50319.
There will be a public hearing on December 23, 1998, at1 p.m. in the Second Floor Conference Room, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa. 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 rule.
This amendment is intended to implement 1998 Iowa Acts, chapter 1081.
The following amendment is proposed.
Adopt new rule 650--11.9 (261) as follows and renumber existing rule 11.9(147) as 11.10(147).
650--11.9(261) Receipt of certificate of noncompliance. The board shall consider the receipt of a certificate of noncompliance from the college student aid commission pursuant to 1998 Iowa Acts, chapter 1081, and 650--Chapter 34 of these rules or receipt of a certificate of noncompliance of a support order from the child support recovery unit pursuant to Iowa Code chapter 252J and 650--Chapter 33 of these rules. License denial shall follow the procedures in the statutes and board rules as set forth in this rule.
ARC 8522A
DENTAL EXAMINERS BOARD[650]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners gives Notice of Intended Action to amend Chapter 30, "Discipline," Iowa Administrative Code.
These amendments implement 1998 Iowa Acts, chapter 1081, requiring professional licensing boards to suspend or revoke a license upon receipt of a certificate of noncompliance from the College Student Aid Commission.
Any interested person may make written suggestions or comments on this proposed amendment on or before December 22, 1998. Such written comments should be directed to Constance L. Price, Executive Director, Board of Dental Examiners, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa 50319.
There will be a public hearing on December 23, 1998, at1 p.m. in the Second Floor Conference Room, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa. 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 rule.
These amendments are intended to implement 1998 Iowa Acts, chapter 1081.
The following amendments are proposed.
Amend rule 650--30.4(153) as follows:
Amend numbered paragraph "41" as follows:
41. Noncompliance with a support order or with a written agreement for payment of support as evidenced by a certificate of noncompliance issued pursuant to Iowa Code chapter 252J. Disciplinary proceedings initiated under this subrule shall follow the procedures set forth in Iowa Code chapter 252J and Iowa Administrative Code 650--Chapter 33.
Adopt new numbered paragraph "42" as follows:
42. Receipt of a certificate of noncompliance issued by the college student aid commission pursuant to 1998 Iowa Acts, chapter 1081. Disciplinary proceedings initiated under this subrule shall follow the procedures set forth in 1998 Iowa Acts, chapter 1081, and Iowa Administrative Code 650--Chapter 34.
ARC 8523A
DENTAL EXAMINERS BOARD[650]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners gives Notice of Intended Action to adopt new Chapter 34, "Student Loan Default/Noncompliance with Agreement for Payment of Obligation," Iowa Administrative Code.
These rules implement 1998 Iowa Acts, chapter 1081, requiring professional licensing boards to deny the issuance or renewal of a license upon receipt of a certificate of noncompliance from the College Student Aid Commission.
Any interested person may make written suggestions or comments on this proposed amendment on or before December 22, 1998. Such written comments should be directed to Constance L. Price, Executive Director, Board of Dental Examiners, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa 50319.
There will be a public hearing on December 23, 1998, at1 p.m. in the Second Floor Conference Room, Executive Hills West, 1209 East Court Avenue, Des Moines, Iowa. 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 amendment.
This amendment is intended to implement 1998 Iowa Acts, chapter 1081.
The following amendment is proposed.
Adopt new 650--Chapter 34 as follows:
CHAPTER 34
STUDENT LOAN DEFAULT/NONCOMPLIANCE WITH AGREEMENT FOR PAYMENT
OF OBLIGATION
650--34.1(77GA,ch1081) Definitions. For the purpose of this chapter the following definitions shall apply:
"Act" means 1998 Iowa Acts, chapter 1081.
"Board" means the board of dental examiners.
"Certificate of noncompliance" means written certification from the college student aid commission to the licensing authority certifying that the licensee has defaulted on an obligation owed to or collected by the commission.
"Commission" means the college student aid commission.
650--34.2(77GA,ch1081) Issuance or renewal of alicense--denial. The board shall deny the issuance or renewal of a license upon receipt of a certificate of noncompliance from the college student aid commission according to the procedures set forth in 1998 Iowa Acts, chapter 1081. In addition to those procedures, this rule shall apply.
34.2(1) The notice required by 1998 Iowa Acts, chapter 1081, section 6, shall be served by restricted certified mail, return receipt requested, or by personal service in accordance with the Iowa Rules of Civil Procedure. Alternatively, the applicant or licensee may accept service personally or through authorized counsel.
34.2(2) The effective date of the denial of the issuance or renewal of a license, as specified in the notice required by 1998 Iowa Acts, chapter 1081, section 6, shall be 60 days following service of the notice upon the applicant or licensee.
34.2(3) The board's executive director is authorized to prepare and serve the notice required by 1998 Iowa Acts, chapter 1081, section 6, upon the applicant or licensee.
34.2(4) Applicants and licensees shall keep the board informed of all court actions and all college student aid commission actions taken under or in connection with Iowa Code chapter 261 and shall provide the board copies, within seven days of filing or issuance, of all applications filed with the district court pursuant to 1998 Iowa Acts, chapter 1081, section 7, all court orders entered in such actions, and withdrawals of certificates of noncompliance by the college student aid commission.
34.2(5) All board fees required for application, license renewal or license reinstatement must be paid by applicants or licensees, and all continuing education requirements must be met before a license will be issued, renewed, or reinstated after the board has denied the issuance or renewal of a license pursuant to Iowa Code chapter 261.
34.2(6) In the event an applicant or licensee timely files a district court action following service of a board notice pursuant to 1998 Iowa Acts, chapter 1081, sections 6 and 7, the board shall continue with the intended action described in the notice upon the receipt of a court order lifting the stay, dismissing the action, or otherwise directing the board to proceed. For purposes of determining the effective date of the denial of the issuance or renewal of a license, the board shall count the number of days before the action was filed and the number of days after the action was disposed of by the court.
34.2(7) The board shall notify the applicant or licensee in writing through regular first-class mail, or such other means as the board deems appropriate in the circumstances, within ten days of the effective date of the denial of the issuance or renewal of a license, and shall similarly notify the applicant or licensee when the license is issued or renewed following the board's receipt of a withdrawal of the certificate of noncompliance.
650--34.3(77GA,ch1081) Suspension or revocation of a license. The board shall suspend or revoke a license upon receipt of a certificate of noncompliance from the college student aid commission according to the procedures set forth in 1998 Iowa Acts, chapter 1081. In addition to those procedures, the following shall apply:
34.3(1) The notice required by 1998 Iowa Acts, chapter 1081, section 6, shall be served by restricted certified mail, return receipt requested, or by personal service in accordance with the Iowa Rules of Civil Procedure. Alternatively, the licensee may accept service personally or through authorized counsel.
34.3(2) The effective date of revocation or suspension of a license, as specified in the notice required by 1998 Iowa Acts, chapter 1081, section 6, shall be 60 days following service of the notice upon the licensee.
34.3(3) The executive director is authorized to prepare and serve the notice required by 1998 Iowa Acts, chapter 1081, section 6, and is directed to notify the licensee that the license will be suspended, unless the license is already suspended on other grounds. In the event a license is on suspension, the executive director shall notify the licensee of the board's intention to revoke the license.
34.3(4) Licensees shall keep the board informed of all court actions and all college student aid commission actions taken under or in connection with Iowa Code chapter 261 and shall provide the board copies, within seven days of filing or issuance, of all applications filed with the district court pursuant to 1998 Iowa Acts, chapter 1081, section 7, all court orders entered in such actions, and withdrawals of certificates of noncompliance by the college student aid commission.
34.3(5) All board fees required for license renewal or reinstatement must be paid by licensees, and all continuing education requirements must be met before a license will be renewed or reinstated after the board has suspended or revoked a license pursuant to Iowa Code chapter 261.
34.3(6) In the event a licensee timely files a district court action following service of a board notice pursuant to 1998 Iowa Acts, chapter 1081, sections 6 and 7, the board shall continue with the intended action described in the notice upon the receipt of a court order lifting the stay, dismissing the action, or otherwise directing the board to proceed. For purposes of determining the effective date of the denial of the issuance or renewal of a license, the board shall count the number of days before the action was filed and the number of days after the action was disposed of by the court.
34.3(7) The board shall notify the registrant in writing through regular first-class mail, or such other means as the board deems appropriate in the circumstances, within ten days of the effective date of the suspension or revocation of a license, and shall similarly notify the licensee when the license is reinstated following the board's receipt of a withdrawal of the certificate of noncompliance.
These rules are intended to implement 1998 Iowa Acts, chapter 1081.
ARC 8512A
HUMAN SERVICES DEPARTMENT[441]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 217.6, the Department of Human Services proposes to amend Chapter 53, "Rent Subsidy Program," appearing in the Iowa Administrative Code.
The Rent Subsidy program is designed to provide rent assistance to eligible persons to help them live successfully in their own home and community. An eligible person may receive assistance in meeting rental expense and, in the initial two months of eligibility, in purchasing necessary household furnishings and supplies.
These amendments revise the Rent Subsidy program as directed by the Seventy-seventh General Assembly as follows:

* Eligibility for the program has been expanded from persons receiving only the Home- and Community-Based Services (HCBS) mental retardation waiver to persons receiving any HCBS waiver, including the ill and handicapped waiver, the elderly waiver, the AIDS/HIV waiver, the mental retardation waiver, the brain injury waiver, and the soon to be implemented physical disabilities waiver.

* The program will be available to persons leaving any medical institution, rather than just intermediate care facilities for the mentally retarded.

* The beginning date of eligibility for having left a medical institution has been moved back one year, to July 1, 1995. From April 1, 1999, through May 30, 1999, persons discharged from a medical institution between July 1, 1995, and June 30, 1996, shall receive first consideration for eligibility and participation in the program. At the end of the 60-day period, all applications received during that time from other persons shall be considered in the chronological order they were received and, if applicable, participation in the program will be approved retroactive to the date that would have been allowed had an application been processed immediately on receipt.

* Up to 100 persons who can avoid placement in a medical institution by using this program and by using services provided under a waiver shall be eligible for the rent subsidy if they meet other eligibility requirements.

* Rent subsidy funds are also available to persons able to leave a medical institution by use of services provided under an HCBS waiver who turned 18 during the last year of their institutional stay.

* Applicants must provide evidence that they are responsible for paying more than 30 percent of their income for rent and that they are not receiving and are ineligible for other rental assistance.
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 December 23, 1998.
These amendments are intended to implement Iowa Code section 217.6 and 1998 Iowa Acts, chapter 1218, section 11, subsection 3.
The following amendments are proposed.
ITEM 1. Amend 441--Chapter 53, Preamble, as follows:
PREAMBLE
This chapter defines and structures the rent subsidy program for persons ~~moving from an ICF/MR who are eligible for the Home- and Community-Based Service Waiver program for persons with mental retardation (HCBS MR).~~ who participate in a home- and community-based service (HCBS) waiver program and who were:
1. Discharged from a medical institution in which they have resided,
2. At risk of institutional placement, or
3. Able to leave a medical institution by use of services provided under an HCBS waiver upon turning 18 years of age during the last year of their institutional stay.
This program is designed to provide rent assistance to these persons to help them live successfully in their own home and community. An eligible person may receive assistance in meeting rental expense and, in the initial two months of eligibility, in purchasing necessary household furnishings and supplies.
ITEM 2. Amend 441--Chapter 53 by changing the parenthetical implementation statute "77GA,HF715" to "77GA,ch1218" wherever it appears.
ITEM 3. Amend rule 441--53.1(77GA,ch1218) as follows:
Amend the definition of "Adult," as follows:
"Adult" means a person ~~with mental retardation~~ aged 18 or over.
Adopt the following new definitions in alphabetical order:
"Home- and community-based waiver program" means any of the waiver programs administered by the department under the provisions set forth in 441--Chapter 83 including, but not limited to, the ill and handicapped waiver, the elderly waiver, the AIDS/HIV waiver, the mental retardation waiver, the brain injury waiver, and the physical disabilities waiver.
"Medical institution" means an ICF/MR, nursing facility, skilled nursing facility, or hospital that is an approved Medicaid provider and, for purposes of these rules, a group foster care living arrangement.
ITEM 4. Rescind rule 441--53.2(77GA,ch1218) and adopt the following new rule in lieu thereof:
441--53.2(77GA,ch1218) Eligibility requirements. All of the following criteria shall be met.
53.2(1) HCBS recipient. The person shall be an adult recipient of one of the home- and community-based services waiver programs.
53.2(2) Discharged from a medical institution. Except as provided in subrules 53.2(4) and 53.2(5), the person shall have been discharged from a medical institution on or after July 1, 1995, and immediately prior to receiving HCBS services. For a period of 60 days after April 1, 1999, persons who were discharged from a medical institution immediately prior to entering an HCBS program between July 1, 1995, and June 30, 1996, shall receive first consideration for eligibility and participation in this program if they demonstrate a need for rental assistance. These persons shall not replace anyone who is actively participating in this program at the time of their application. During this 60-day period, applications may be submitted by anyone, although first consideration will be given to the persons described above, whose applications will be acted upon in the order they are received. At the end of the 60-day period, all applications received during that time from persons not described above shall be considered in the chronological order that they were received and, if applicable, participation in the program shall be approved retroactive to the date that would have been allowed had an application been processed immediately on receipt.
53.2(3) Demonstrated need. To demonstrate need, applicants must provide evidence that they are responsible for paying more than 30 percent of their income for rent and that they are not receiving and are ineligible for other rental assistance. This program may not be used to substitute for any other subsidy that a person had been receiving at the time of or prior to the time of application to this program. Persons receiving rental assistance at the time of or prior to the time of application to this program shall not be eligible.
53.2(4) Risk of institutional placement. Up to 100 persons who can avoid placement in a medical institution by accessing this rent subsidy program and by use of services provided under an HCBS waiver shall be eligible for rental assistance. Applicants must meet all eligibility criteria of this program except the requirements of subrule 53.2(2) and be able to demonstrate both of the following:
a. That they have insufficient funds to pay their community housing costs and that insufficient funds will cause them to enter a medical institution.
b. That participating in an HCBS waiver will prevent them from entering a medical institution and that access to this rental subsidy program is required so that they may live in a community living arrangement permitted under a waiver.
53.2(5) Turning 18 years of age. In lieu of meeting the criteria in subrule 53.2(2) or 53.2(4) above, rent subsidy funds may be made available to persons who are able to leave a medical institution by use of services provided under an HCBS waiver who turn 18 years of age during the last year of their institutional stay.
53.2(6) Ineligible for other rent subsidies. The person shall have been determined ineligible or be on the waiting list for rent subsidy programs under the U.S. Department of Housing and Urban Development (HUD) or any other available rent subsidy programs.
53.2(7) Responsible for rent. The person shall be financially responsible for rent or housing costs.
ITEM 5. Amend rule 441--53.3(77GA,ch1218), intro-ductory paragraph and subrules 53.3(1) and 53.3(2), as follows:
441--53.3(77GA,ch1218) Application. Applications for the rent subsidy program may be obtained at ~~the~~ any county office of the department ~~in the county in which the applicant resides~~. Applications shall be submitted to the Department of Human Services, Division of Mental Health and Developmental Disabilities, Hoover State Office Building, Des Moines, Iowa 50319-0114.
53.3(1) Application process. A person who wishes to apply shall complete Form 470-3302, Application for HCBS MR Rent Subsidy and Household Assistance, and provide verification of the following:
a. The person's ~~taxable income for the previous calendar year and~~ estimated monthly income for the 12 months following application, including written evidence from the income sources used to determine that income.
b. Written evidence from sources of local rental assistance available in the applicant's community that the applicant has applied for that rental assistance and that the applicant has been determined ineligible or placed on a waiting list for that rental assistance.
c. The amount of the person's rent payment.
c d. The amount of assistance needed for purchase of needed household furnishings and supplies.
53.3(2) Date of application. The date of the application shall be the date the application, ~~and~~ including written verification of income and written verification of application to other rental assistance programs, ~~are~~ is received by the division of mental health and developmental disabilities. Applications received through June 30, 1999, on behalf of persons who would have met all of the qualifying criteria between July 1, 1998, and their date of application will be assessed for payment consideration retroactive to July 1, 1998, or the date between July 1, 1998, and the date of application on which the applicant would have met all eligibility criteria.
ITEM 6. Amend subrule 53.4(3) as follows:
53.4(3) Assistance with other purchases. Assistance may be given in the initial two months of eligibility for purchases necessary for household furnishings and supplies. The maximum available for household furnishings and supplies shall be $500. This shall be a one-time payment and shall be available only to persons leaving a medical institution immediately prior to applying to this program. The maximum amount shall be available to all eligible persons, including those who may have entered this program prior to the time this maximum amount took effect. In these cases, payments may be made retroactively to persons to reconcile the differences.
ITEM 7. Amend subrule 53.5(2) as follows:
53.5(2) Review packet. The division shall send a review packet, which shall include instructions and necessary forms for verification of continuing eligibility, to all recipients of subsidy payments at least 60 calendar days prior to the deadline date for annual redetermination of eligibility. The completed Form 470-3302, Application for HCBS MR Rent Subsidy and Household Assistance, and required verification materials shall be submitted annually to the Department of Human Services, Division of Mental Health and Developmental Disabilities, Hoover State Office Building, Des Moines, Iowa 50319-0114. If the signed application and verification of continuing eligibility are not received by the division by the thirtieth day following the date the review packet is sent, the person's subsidy shall be terminated.
ITEM 8. Amend the implementation clause following 441--Chapter 53 as follows:
These rules are intended to implement Iowa Code section 217.6 and ~~1997 Iowa Acts, House File 715, section 8, subsection 3~~ 1998 Iowa Acts, chapter 1218, section 11, subsection 3.
ARC 8502A
HUMAN SERVICES DEPARTMENT[441]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 234.6, the Department of Human Services proposes to amend Chapter 185, "Rehabilitative Treatment Services," appearing in the Iowa Administrative Code.
This amendment specifies the expected time frames for contact with families in the Family Preservation Program and clarifies that supportive services are included in family preservation services.
These time frames were in rules previously, but were inadvertently deleted when the authorization process for services was 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 December 23, 1998.
This amendment is intended to implement Iowa Code section 234.6.
The following amendment is proposed.
Amend 441--Chapter 185, Division III, Preamble, as follows:
PREAMBLE
The family preservation program provides highly intensive and time-limited ~~in-home~~ service interventions that are developed to prevent out-of-home placement of children. Services are designed to meet the needs of the family in crisis, with children that are in imminent or high risk of placement outside the home. The program is defined by:

* A brief service duration averaging 45 calendar days and not exceeding 60 calendar days.

* Small caseloads with an average staff-to-client ratio of 1 to 3.5 and not to exceed 1 to 4.

* A greater intensity and frequency of services provided to children and families in family preservation than the intensity of services provided to children and families participating in family-centered services.
The goals of the family preservation program are to defuse the current crisis, evaluate its nature and intervene to reduce the likelihood of its recurrence, ensure linkage to needed community services and resources, improve the ability of parents to care for their children, and prevent out-of-home placements.
The family preservation program is designed to complement an existing array of family-centered services and is distinguished from family-centered services by the capacity to intervene immediately in a crisis situation on a 24-hour basis, a brief service duration averaging 45 calendar days and not exceeding 60 calendar days, small caseloads with an average staff-to-client ratio of 1 to 3.5 and not to exceed 1 to 4, and a greater intensity and frequency of services provided to children and families in family preservation than the intensity and frequency of services provided to children and families participating in family-centered services. by having:

* Availability to referral workers and families 24 hours a day, 7 days a week.

* Face-to-face contact within 24 hours of referral for children at high risk of placement.

* Immediate voice contact with face-to-face contact within three hours of referral for children at immediate risk of placement.
Family preservation services are to be provided with family preservation supportive services as defined in rule 441-- 181.1(234).
INSURANCE DIVISION
Notice of Proposed Workers' Compensation Rate Filing
Pursuant to Iowa Code section 515A.6(7), notice is hereby given that the National Council on Compensation Insurance has made a rate filing which affects premium rates for workers' compensation insurance.
The rate filing proposes an overall decrease in premium level of 0.5%. The rate filing has a proposed effective date of January 1, 1999.
A workers' compensation policyholder or an established organization with one or more workers' compensation policyholders among its members may request a hearing before the Commissioner of Insurance regarding this rate filing. Such a request must be filed within 15 days of the date of this publication, that is, by December 17, 1998, and shall be made to the Commissioner of Insurance at the Insurance Division of the State of Iowa, 330 Maple, Des Moines, Iowa 50319. Absent such a request, the Commissioner will issue an order concerning the rates within another 10 days, that is, by December 28, 1998.
ARC 8518A
INSURANCE DIVISION[191]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 509A.14, the Insurance Division proposes to amend Chapter 35, "Accident and Health Insurance," Iowa Administrative Code.
The proposed amendment exempts the state of Iowa from certain minimum plan standards for life and accident and health self-funded plans.
Any interested person may submit written comments on the proposed amendment on or before December 22, 1998. These comments should be directed to Susan E. Voss,Projects Director, Insurance Division, 330 E. Maple Street, Des Moines, Iowa 50319. Comments may also betransmitted by fax to (515)281-3059 or by E-mail tosusan.voss@comm6.state.ia.us.
This amendment is intended to implement Iowa Code section 509A.14.
The following amendment is proposed.
Amend subrule 35.20(1) as follows:
35.20(1) Scope. This rule applies to life and accident and health self-funded plans for ~~the state of Iowa,~~ political subdivisions of the state, school corporations, and all other public bodies in the the state. This rule shall not apply to life and accident and health self-funded plans for the state of Iowa.
ARC 8515A
MEDICAL EXAMINERS BOARD[653]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 147.76, the Board of Medical Examiners hereby gives Notice of Intended Action to amend Chapter 12, "Discipline," Iowa Administrative Code.
These amendments establish criteria and procedures for the approval of evaluating facilities and treatment providers for the Impaired Physician Review Committee (IPRC).
Any interested party may submit written comments on the proposed amendments on or before December 22, 1998. Such written materials should be directed to Ann M.Martino, Executive Director, Board of Medical Examiners, 1209 East Court Avenue, Des Moines, Iowa 50309-0180; telephone (515)281-5171.
These amendments are intended to implement Iowa Code chapters 147, 148, 150, 150A, and 272C.
The following amendments are proposed.
ITEM 1. Amend subrule 12.16(1) by adopting the following new definitions in alphabetical order:
"Approved evaluating facility" means a hospital, agency, or other program approved by the IPRC pursuant to subrule 12.16(11).
"Approved treatment provider" means a physician, counselor, or other individual approved by the IPRC pursuant to subrule 12.16(17).
ITEM 2. Amend rule 653--12.16(272C) by adopting the following new subrules:
12.16(9) Evaluating facilities. As of January 1, 1999, the physician who self reports an impairment and is determined by the IPRC to be in need of evaluation shall undergo a comprehensive multidisciplinary evaluation at an evaluating facility approved by the IPRC in accordance with subrules 12.16(10) to 12.16(13).
12.16(10) Standards for approval of evaluating facilities. A hospital, agency, or other program shall be approved by the IPRC as an approved evaluating facility if each of the following requirements is satisfied:
a. The evaluation process is directed by a licensed physician and involves a multidisciplinary team including psychologists, social workers, addiction counselors, or other therapists who are licensed or certified in their discipline.
b. The evaluation process is an objective, measurable program which utilizes appropriate tools and testing procedures.
c. The evaluation process involves an inpatient or an intensive outpatient component.
d. The evaluation includes a complete medical history and physical examination.
e. The evaluation includes a psychiatric evaluation and mental status examination, including neuropsychiatric or psychiatric testing as indicated.
f. The evaluation includes a comprehensive chemical use history.
g. The evaluation includes urine screening or blood alcohol screening, or both, with legal chain of custody and forensic capability protocol.
h. The evaluation includes a family and social history with corroboration from at least two sources.
i. The evaluation culminates in the formulation of an evaluation report which includes specific diagnoses and recommendations for corrective action.
j. The facility has substantial experience in the evaluation of impaired physicians and others with similar professional backgrounds.
k. The facility is certified or registered as an alcoholism program or drug treatment program by the appropriate state agency or is accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO).
12.16(11) Procedure for approval. A hospital, agency, or other program which meets the standards for approval and seeks to be designated as an approved evaluating facility shall apply on an application form provided by the IPRC. In addition to evaluating the application, the IPRC or its designee may conduct an on-site inspection of the hospital, agency, or other program. If approved by the IPRC, such hospital, agency, or other program shall be designated as an approved evaluating facility.
12.16(12) Notification of changes. An approved evaluating facility shall notify the IPRC of the following changes prior to the change becoming effective, and any such change may result in reevaluation of approval status:
a. Transfer of ownership of the facility;
b. Change in location of the facility; or
c. Any substantial change in policies and procedures, treatment philosophy, or quality management.
12.16(13) Review of approved evaluating facilities. The IPRC may at any time reevaluate an approved evaluating facility. Upon evidence that the facility has failed to meet the requirements of subrule 12.16(10) or for good cause, the IPRC may revoke the approval.
12.16(14) Postapproval. In the event an impaired physician undergoes a comprehensive multidisciplinary evaluation at a facility which has not been approved by the IPRC, the physician shall submit evidence to the IPRC that the facility which performed the evaluation substantially meets the qualifications as defined by subrule 12.16(10). In the event the IPRC determines that the facility does not substantially meet the qualifications as defined by subrule 12.16(10), the IPRC shall require that the physician undergo a comprehensive multidisciplinary evaluation at an approved facility.
12.16(15) Treatment providers. As of January 1, 1999, all physicians, counselors, or other individuals providing treatment to a physician pursuant to an impaired physician program shall be approved for such purpose by the IPRC in accordance with subrules 12.16(16) to 12.16(18).
12.16(16) Standards for approval of treatment providers. A physician, counselor, or other individual shall be approved by the IPRC as an approved treatment provider if each of the following requirements is satisfied:
a. The provider is licensed by the appropriate licensing board and has not been disciplined by the licensing board for a violation which concerns serious matters related to the provider's ability to practice with reasonable safety and skill.
b. The provider has not been convicted of any federal or state law pertaining to furnishing or using narcotics or illegal substances.
c. The provider has demonstrated education, training, and expertise in the treatment of substance abuse or other impairments.
d. The philosophy and individualized treatment plan of the provider is based on the disease concept.
e. The chemical dependency model of treatment is based on a 12-step addiction recovery model such as Alcoholics Anonymous.
f. The provider has treated impaired physicians and others with similar professional backgrounds. The provider encourages peer support and frequent contact with vocationally focused peer support groups.
g. The provider has a network of referral agencies or professionals to meet the needs of the impaired physician and significant others in the event the needs go beyond the provider's expertise or available facilities.
h. The provider involves the family and significant others of the impaired physician in appropriate aspects of treatment.
i. The provider agrees to execute the treatment provider agreement of the IPRC with respect to each impaired physician to whom treatment is provided.
12.16(17) Procedure for approval. A physician, counselor, or other individual who meets the standards for approval and seeks to be designated as an approved treatment provider shall apply on an application form provided by the IPRC. In addition to evaluating the application, the IPRC or its designee may conduct an on-site inspection of the offices of the physician, counselor, or other individual. If approved by the IPRC, such physician, counselor, or other individual shall be designated as an approved treatment provider.
12.16(18) Review of approved treatment provider. The IPRC may at any time reevaluate an approved provider. Upon evidence that the provider has failed to meet the requirements of subrule 12.16(16) or for good cause, the IPRC may revoke the approval.
12.16(19) Appeal. In the event of a denial or revocation of approval of an evaluating facility or treatment provider, the applicant or approved facility or provider shall have the right to request a hearing before the IPRC. The request must be sent within 20 days after the receipt of the notification of denial or revocation. The hearing shall be conducted by the IPRC and the final decision shall be rendered by the IPRC.
12.16(20) Board orders for physician evaluation or treatment. In cases where the board of medical examiners orders a physician to be evaluated for an impairment, the physician shall only be evaluated at an evaluating facility approved by the IPRC under this chapter. In cases where the board of medical examiners orders a physician to undergo treatment or counseling for an impairment from a physician, counselor, or other individual, such treatment providers shall be approved by the IPRC under this chapter.
ARC 8528A
NATURAL RESOURCE COMMISSION[571]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 15, "General License Regulations," Iowa Administrative Code.
These amendments provide for a specific licensing process for the Department to issue free lifetime fishing licenses to persons who have severe mental or physical disabilities and correct Iowa Code references in Items 1 and 3.
Any interested person may make written suggestions or comments on the proposed amendments on or before December 22, 1998. Such written materials should be directed to the Law Enforcement Bureau, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319-0034; fax (515)281-6794. Persons who wish to convey their views orally should contact the Law Enforcement Bureau at (515)281-4515 or at the Bureau offices on the fourth floor of the Wallace State Office Building.
There will be a public hearing on December 23, 1998, at 10 a.m. in the Fourth Floor West Conference Room of the Wallace 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 amendments.
These amendments are intended to implement Iowa Code section 483A.24(9).
The following amendments are proposed.
ITEM 1. Amend subrule 15.7(1) as follows:
15.7(1) Purpose. Pursuant to Iowa Code subsection 483A.24~~(17)~~ (14), the department of natural resources will issue a free annual combination hunting and fishing license to low-income persons who meet the age status or permanently disabled status as defined.
ITEM 2. Amend 571--Chapter 15 by inserting the following new rule and renumbering existing rules 15.8(483A) through 15.11(483A) as 15.9(483A) through 15.12(483A):
571--15.8(483A) Free lifetime fishing license for persons who have severe physical or mental disabilities.
15.8(1) Purpose. Pursuant to Iowa Code subsection 483A.24(9), the department of natural resources will issue a free lifetime fishing license to Iowa residents 16 or more years of age who have severe mental or physical disabilities who meet the definitions of "Severe mental disability" and "Severe physical disability" in 15.8(2).
15.8(2) Definitions. For the purposes of this rule, the following definitions apply:
"Severe mental disability" means a person who has severe, chronic conditions in all of the following areas which:
1. Are attributable to a mental impairment or combination of mental and physical impairments;
2. Are likely to continue indefinitely;
3. Result in substantial functional limitations in three or more of the following areas of major life activities: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency; and
4. Reflect the person's need for a combination and sequence of services which are of lifelong or an extended duration and are individually planned and coordinated.
"Severe physical disability" means a disability that limits or impairs the person's ability to walk under any of the following circumstances:
1. The person cannot walk 200 feet without stopping to rest.
2. The person cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device.
3. The person is restricted by lung disease to such an extent that the person's forced expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than 60 mm/hg on room air at rest.
4. The person must use portable oxygen.
5. The person has a cardiac condition to the extent that the person's functional limitations are classified in severity as Class 3 or Class 4 according to standards set by the American Heart Association.

* Class 3 - Persons with cardiac disease resulting in marked limitation of physical activity. The person is comfortable at rest, but less than ordinary activity causes fatigue, palpitation, dyspnea, or anginal pain.

* Class 4 - Persons with cardiac disease resulting in inability to carry on any physical activity without discomfort. Symptoms of heart failure or the anginal syndrome may be present even at rest. If any physical activity is undertaken, discomfort is increased.
6. The person is severely limited in the person's ability to walk due to an arthritic, neurological, or orthopedic condition.
15.8(3) Procedure. Each person shall apply to the department of natural resources for a license as follows:
a. Application shall be made on a form provided by the department and shall include the name, address, home telephone number, height, weight, eye and hair color, date of birth, and gender of the applicant.
b. The application shall be signed and certified by the applicant's attending physician and, based upon the criteria listed in this rule, declare that the applicant has a severe mental or physical disability.
ITEM 3. Amend renumbered subrule 15.11(3) as follows:
15.11(3) Regulations apply to military personnel. With the exception of the license requirement exemption set forth in Iowa Code section 483A.24~~(9)~~ (6), all hunting and fishing regulations shall apply to active duty military personnel.
ARC 8532A
NATURAL RESOURCE COMMISSION[571]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 39, "Boating Passenger Capacity," Iowa Administrative Code.
These amendments consist strictly of wording changes requested by the United States Coast Guard. These changes will not alter the original intent of the rules.
Any interested person may make written suggestions or comments on the proposed amendments on or before December 22, 1998. Such written materials should be directed to the Law Enforcement Bureau, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319-0034; fax (515)281-6794. Persons who wish to convey their views orally should contact the Law Enforcement Bureau at (515)281-4515 or at the Bureau offices on the fourth floor of the Wallace State Office Building.
There will be a public hearing on December 23, 1998, at9 a.m. in the Fourth Floor West Conference Room of the Wallace 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 amendments.
Any persons who intend to attend a public hearing and have special requirements such as hearing or mobility impairments should contact the Department of Natural Resources and advise of specific needs.
These amendments are intended to implement Iowa Code section 462A.3.
The following amendments are proposed.
ITEM 1. Amend 571--39.1(462A) as follows:
571--39.1(462A) U.S. Coast Guard ~~assigned~~ capacity rating. In the registration of vessels for which ~~the~~ a U.S. Coast Guard ~~has assigned a~~ capacity rating in whole persons ~~to that vessel,~~ has been assigned as evidenced by ~~an official~~ a U.S. Coast Guard capacity plate affixed to the vessel, that capacity shall be recognized as the registration capacity.
ITEM 2. Amend 571--39.2(462A) as follows:
571--39.2(462A) Vessels assigned a capacity rating by the manufacturer. In the registration of vessels for which ~~an official~~ a U.S. Coast Guard capacity rating in whole persons has not been assigned but a plate has been affixed to the vessel containing capacity information, in whole persons, furnished by the boating industry association, national marine manu-facturer association or any similar organization, that capacity shall be recognized as the registration capacity.
ARC 8527A
NATURAL RESOURCE COMMISSION[571]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 49, "Operation of Motor Vehicles in Meandered Streams, Navigable Streams and Trout Streams," Iowa Administrative Code.
In Item 1, all references to Iowa Code chapter 106 are changed to Iowa Code chapter 462A. Item 2 adds the Des Moines River to the list of meandered streams where motor vehicle use is prohibited.
Any interested person may make written suggestions or comments on the proposed amendments on or before January 21, 1999. Such written materials should be directed to the Parks, Recreation and Preserves Division, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319-0034; fax (515)281-6794. Persons who wish to convey their views orally should contact the Division at (515)281-3449 or TDD (515)242-5976 or at the Division offices on the fourth floor of the Wallace State Office Building.
There will be a public hearing on January 21, 1999, at10 a.m. in the Fourth Floor East Conference Room of the Wallace 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 amendments.
Any persons who intend to attend the public hearing and have special requirements such as hearing or mobility impairments should contact the Department of Natural Resources and advise of specific needs.
These amendments are intended to implement Iowa Code section 462A.34A.
The following amendments are proposed.
ITEM 1. Amend 571--Chapter 49 by striking any reference to Iowa Code chapter 106 and inserting 462A, wherever it appears, to reflect renumbering of the 1993 Iowa Code.
ITEM 2. Amend rule 571--49.5(462A) by adding the following new numbered paragraph:
11. Des Moines River. From Mississippi River to west line of T95N, R32W, Palo Alto County, west branch, and to north line of T95N, R29W, Kossuth County, east branch, a point near Algona.
ARC 8529A
NATURAL RESOURCE COMMISSION[571]
Amended Notice of Intended Action
Pursuant to the authority of Iowa Code section 481B.3, the Natural Resource Commission hereby amends ARC 8444A, a Notice of Intended Action published November 4, 1998, in the Iowa Administrative Bulletin. A new Chapter 77, "Endangered and Threatened Plant and Animal Species," was proposed.
The public comment period has been extended to allow for more public input concerning the proposed chapter. This is in response to comments from several persons that there was not sufficient time to study the proposed changes and provide detailed comments. Any interested person may make written comments on these proposed rules on or before January 8, 1999. Such written material should be directed to the Division of Parks, Recreation, and Preserves, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319-0034; fax (515)281-6794.
ARC 8530A
NATURAL RESOURCE COMMISSION[571]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 94, "Nonresident Deer Hunting," Iowa Administrative Code.
These amendments increase the number of nonresident deer permits, restrict the number of bow licenses to be issued, and increase the nonresident license fee as required by legislation passed by the 1998 General Assembly.
Any interested person may make written suggestions or comments on the proposed amendments on or before January 14, 1999. Such written materials should be directed to the Wildlife Bureau Chief, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319-0034; fax (515)281-6794. Persons who wish to convey their views orally should contact the Division at (515)281-6156 or at the Division offices on the fourth floor of the Wallace State Office Building.
There will be a public hearing on January 14, 1999, at 1 p.m. in the Fourth Floor Conference Room of the Wallace 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 amendments.
Any persons who intend to attend a public hearing and have special requirements such as hearing or mobility impairments should contact the Department of Natural Resources and advise of specific needs.
These amendments are intended to implement Iowa Code section 481A.38, Iowa Code section 483A.1 as amended by 1998 Iowa Acts, chapter 1199, section 5, and Iowa Code section 483A.8 as amended by 1998 Iowa Acts, chapter 1203, section 5.
The following amendments are proposed.
ITEM 1. Amend rule 571--94.1(483A), introductory paragraph, as follows:
571--94.1(483A) Licenses. Every hunter must have in possession a valid deer license and ~~a valid habitat stamp~~ proof that the hunter has paid the current year's wildlife habitat fee when hunting, possessing, or transporting deer. No person, while hunting deer, shall carry or have in possession any license or transportation tag issued to another person. No person shall obtain more than one nonresident deer hunting license.
ITEM 2. Amend rule 571--94.6(483A) as follows:
571--94.6(483A) License quotas. A limited number of deer licenses will be issued in zones as follows:
94.6(1) Zone license quotas. Nonresident license quotas are as follows:

		Any Sex			Antlerless
		All methods		Bow
a.	Zone 1.	~~200~~	240	84
b.	Zone 2.	~~200~~	240	84
c.	Zone 3.	~~500~~	600	210
d.	Zone 4.	~~1000~~	1200	420
e.	Zone 5.	~~1250~~	1500	525
f.	Zone 6.	~~650~~	780	273
g.	Zone 7.	~~300~~	360	126
h.	Zone 8.	~~200~~	240	84
i.	Zone 9.	~~500~~	600	210
j.	Zone 10.	~~200~~	240	84
	Total		6000	2100	1500 statewide

94.6(2) Quota applicability. The license quota issued for each zone will be the quota for all bow, regular gun and special muzzleloader licenses combined. No more than ~~5,000~~ 6,000 any sex licenses will be issued for all methods of take combined, for the entire state. Of the 6,000 licenses, no more than 35 percent in any zone can be bow licenses. A maximum of 1,500 antlerless-only licenses, regardless of weapon, will be issued for the entire state.
ITEM 3. Amend rule 571--94.8(483A) as follows:
571--94.8(483A) Application procedures. All applications for nonresident deer hunting licenses shall be made on forms provided by the department of natural resources and returned to the department of natural resources office in Des Moines, Iowa. No one shall submit more than one application. Applications for nonresident deer hunting licenses must be accompanied by the appropriate license fee. The nonresident license fee shall be ~~$110~~ $150.50. Party applications with no more than four individuals will be accepted. Applications received in the natural resources office in Des Moines, Iowa, by 4:30 p.m. on the second Friday in June will be processed. If applications received are in excess of the license quota for any hunting zone, a drawing will be conducted to determine which applicants shall receive licenses. If licenses are still available in any zone, licenses will be issued as applications are received until quotas are filled or the last Friday in September, whichever occurs first. Any incomplete or improperly completed application or any application not meeting the above conditions will not be considered as a valid application.
The department may develop media/telecommunication options that would allow for additional methods of obtaining a deer license. Methods and deadlines may be determined by the department as a part of the alternative methods developed.
ARC 8525A

PROFESSIONAL LICENSURE DIVISION[645]
BOARD OF COSMETOLOGY
ARTS AND SCIENCES EXAMINERS
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 157.14, the Board of Cosmetology Arts and Sciences Examiners hereby gives Notice of Intended Action to amend Chapter 60, "Licensure of Cosmetologists, Electrologists, Estheticians, Manicurists, Nail Technologists, and Instructors of Cosmetology Arts and Sciences," and Chapter 64, "Cosmetology Arts and Sciences Continuing Education," Iowa Administrative Code.
These amendments revise requirements for an instructor's license, continuing education for license renewal and standards for continuing education approval.
Any interested person may make written comments on the proposed amendments no later than December 22, 1998, addressed to Sharon Cook, Professional Licensure, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319.
There will be a public hearing on December 22, 1998, from 8:30 to 10:30 a.m. in the Third Floor Conference Room, Side 2, 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.
These amendments are intended to implement Iowa Code chapter 157.
The following amendments are proposed.
ITEM 1. Amend subrule 60.10(1) as follows:
60.10(1) An instructor in a licensed school of cosmetology arts and sciences shall:
a. Be a graduate of an accredited high school or the equivalent thereof.
b. Be licensed in the state of Iowa as a cosmetologist.
c. Have 1000 hours of instructor's training with curriculum contents to be determined by the board or two years' active practice in the field of cosmetology within six years prior to application proven by documentation.
d. Submit application and fees ~~with~~; certification of completion of instructor's training from school of cosmetology arts and sciences ~~training or affidavits of employment~~ or proof of two years' active practice in the field of cosmetology arts and sciences; and proof of attendance at an advanced instructor's institute prescribed by the board, ~~to the board~~ prior to the starting date of employment as an instructor by a school of cosmetology arts and sciences.
e. The department shall issue to the applicant a notice of registration which shall be displayed for public view. Such notice shall be valid for 12 months.
f. ~~Attend an instructor's institute prescribed by the cosmetology board of examiners and pass~~ Pass an instructor's and Iowa law examination within the first 12 months of employment to receive the original instructor's license.
g. An instructor teaching courses in electrology, esthetics and nail technology shall hold a current license in the practice and possess an instructor license to teach that practice or be a licensed cosmetology instructor who possesses the skill and knowledge required to instruct in that practice.
h. An instructor teaching courses in electrology shall have 60 hours of practical application experience, excluding school hours, in the area of electrolysis prior to application. The 60 hours must be documented by the employer.
ITEM 2. Rescind subrule 64.1(1) and adopt the following new subrule in lieu thereof:
64.1(1) Beginning April 1, 1999, continuing education requirements are as follows:
a. Each person holding a license shall complete during each license renewal period a minimum of eight hours of continuing education approved by the board, of which at least four hours shall be in the area of the licensee's primary discipline. A licensee holding more than one type of cosmetology arts and sciences license must complete eight hours of continuing education for the first license, of which at least four hours shall be in the area of the licensee's primary discipline and an additional four hours in the practice area for each additional license held. Continuing education hours obtained for one license type cannot be used to fulfill the continuing education requirements of additional cosmetology arts and sciences licenses.
b. In addition to fulfilling the requirements of 64.1(1)"a," those persons holding an instructor's license must complete a minimum of eight hours of continuing education approved by the board in the area of teaching methodology.
c. Compliance with the requirement of continuing education is a prerequisite for license renewal in the next license period.
ITEM 3. Rescind rule 645--64.2(272C) and adopt the following new rule in lieu thereof:
645--64.2(272C) Report of licensee. Licensees shall submit a completed report form which documents the completion of continuing education requirements.
ITEM 4. Rescind and reserve rule 645--64.3(272C).
ITEM 5. Amend rule 645--64.5(272C) as follows:
645--64.5(272C) Exemptions for inactive licensees. A licensee who is not engaged in the practice in the state of Iowa residing in or without the state of Iowa may be granted a waiver of compliance and obtain a certificate of exemption upon written application to the board. Applications must be received prior to 30 days before license renewal is due. The application shall contain a statement that the applicant will not engage in the practice in the state of Iowa without first complying with all regulations governing reinstatement after exemption. The application for a certificate of exemption shall be submitted upon the form provided by the board. A licensee must be currently licensed to apply for exempt status.
ITEM 6. Rescind rule 645--64.6(272C) and adopt the following new rule in lieu thereof:
645--64.6(272C) Standards for approval. Continuing education is that board-approved education which is obtained by a licensee in order to maintain, improve, or expand skills and knowledge obtained prior to initial licensure or to develop new and relevant skills and knowledge. A continuing education activity which meets all of the following criteria is appropriate for continuing education credit if it:
1. Constitutes an organized program of learning (including a workshop or symposium) which contributes directly to the professional competency of the licensee; and
2. Pertains to common subject matters which integrally relate to the practice of the professions; and
3. 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 outline which substantively pertains to the subject matter of the program and reflects program schedule, goals and objectives. The board may request a curriculum vitae of presenters.
4. The instruction of product knowledge, methods and systems is allowed; however, no direct selling of products is allowed as part of a continuing education offering.
5. Fulfills stated program goals and objectives or both.
6. Provides proof of attendance to licensees in attendance including:

* Date, place, course title, presenter(s).

* Number of program contact hours. (One contact hour equals 60 minutes of continuing education credit.)

* Identification of practice specialty.

* Official signature of program sponsor.
64.6(1) Accreditation of sponsors. An applicant not previously accredited by the board, which desires accreditation as a sponsor of courses, programs, and other continuing education activities, including individually designed programs, shall apply for accreditation to the board stating its education history, subjects offered, total hours of instruction presented, and the names and qualifications of instructors. Activities of such an approved sponsor which are relevant to cosmetology arts and sciences shall be deemed automatically approved for continuing education credit. By January 31 of each year, commencing January 31, 2000, all accredited sponsors shall report to the board in writing the education programs conducted during the preceding calendar year on a form approved by the board.
The board may at any time reevaluate an accredited sponsor. If after reevaluation the board finds there is basis for consideration or revocation of the accreditation of an accredited sponsor, the board shall give notice by ordinary mail to that sponsor of hearing on possible revocation at least 30 days prior to the hearing. The decision of the board after the hearing shall be final.
a. All approved, accredited sponsors shall issue a certificate of attendance to each licensee who attends a continuing education activity. The certificate shall include sponsor name and number; date of program; name of participant; total number of clock hours excluding introduction, breaks, and meals; program title and presenter; program site; practice specialty; and whether the program is approved for cosmetology.
b. All approved, accredited sponsors shall maintain a copy of the continuing education activity, a list of attendees, attendees' license numbers, and number of continuing education clock hours awarded for a minimum of three years from the date of the continuing education activity.
64.6(2) Prior to approval of activities. An applicant other than an accredited sponsor, which desires prior approval of a course, program or other continuing education activity, shall apply for approval to the board at least 60 days in advance of the commencement of the activity on a form provided by the board. The board shall approve or deny such application in writing. The application shall state the dates, subjects offered, total hours of instruction, names and qualifications of speakers and other pertinent information.
64.6(3) Review of programs. The board may monitor or review any continuing education program already approved by the board and, upon evidence of significant variation in the program presented from the program approved, may disapprove all or any part of the approved hours granted by the program.
64.6(4) Postapproval of activities. A licensee seeking credit for attendance and participation in an educational activity which was not otherwise approved shall submit to the board, within 30 days after completion of activity, a request for credit, including a brief résumé of the activity, its dates, subjects, instructors, and their qualifications and the number of credit hours requested therefor. Within 60 days after the receipt of such application, the board shall advise the licensee in writing by ordinary mail whether the activity is approved and the number of hours allowed therefor. A licensee not complying with requirements of this subrule may be denied credit for such activity.
64.6(5) Report of licensee. The licensee shall maintain a record of verification of attendance for at least four years from date of completion of the continuing education program. Each licensee shall file, if requested, a certificate of attendance form signed by the educational institution or organization sponsoring the continuing education. The report shall be sent to the Board of Cosmetology Arts and Sciences Examiners, Iowa Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075.
64.6(6) Audit of continuing education reports.
a. After each educational biennium the board will audit a percentage of the continuing education reports at random before the renewal licenses are issued to those being audited.
b. The licensee must make the following information available to the board for auditing purposes:
(1) Date, place, course title, schedule, presenter(s).
(2) Number of contact hours for program attended.
(3) Official signature of sponsor indicating successful completion of course.
c. For auditing purposes the licensee must retain the above information for four years.
64.6(7) Hearings regarding continuing education. In the event of denial, in whole or part, of any application for approval of a continuing education program or credit for a continuing education activity, the applicant or licensee shall have the right to request a hearing. The request must be sent within 20 days after receipt of the notification of denial. The hearing shall be held within 90 days after receipt of the request for hearing. The hearing shall be conducted by the board. The final decision shall be rendered by the board.
ARC 8524A
PROFESSIONAL LICENSURE DIVISION[645]
BOARD OF OPTOMETRY EXAMINERS
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 147.76 and 272C.3, the Board of Optometry Examiners hereby gives Notice of Intended Action to amend Chapter 180, "Board of Optometry Examiners," Iowa Administrative Code.
The proposed amendments rescind the requirement for a written and practical examination by the Board of Optometry Examiners.
Any interested person may make written comments on the proposed amendments no later than December 22, 1998, addressed to Sharon Cook, Professional Licensure, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075.
A public hearing will be held on December 22, 1998, from 1 to 3 p.m. in the Third Floor Conference Room, Side 2, 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.
These amendments are intended to implement Iowa Code sections 147.76, 272C.3, and 154.3.
The following amendments are proposed.
ITEM 1. Rescind and reserve rule 645--180.4(154).
ITEM 2. Amend rule 645--180.5(154), catchwords, as follows:
645--180.5(154) ~~Rules for examinations~~ Requirements for licensure.
ITEM 3. Amend subrule 180.5(1) as follows:
180.5(1) All applicants ~~for examination~~ shall apply to the Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075 ~~for application forms~~.
ITEM 4. Amend subrule 180.5(2) as follows:
180.5(2) The forms properly completed shall be filed with department, together with satisfactory evidence of compliance with Iowa Code sections 154.3(1) and 154.3(2) ~~30 days prior to the examination~~.
ITEM 5. Amend subrule 180.5(3) as follows:
180.5(3) An applicant for admission to practice optometry in Iowa shall successfully pass the examinations specified in paragraphs "a" through "c." Examination results from the examination of the National Board of Examiners in Optometry and the examination of the International Board of Examiners in Optometry on "The Treatment and Management of Ocular Disease" (incorporated into the N.B.E.O. examination effective April 1993) shall be valid for ten years prior to ~~the next scheduled administration date of the Iowa state board licensing examination~~ date of application. An applicant shall present a diploma from an accredited school or college of optometry and, if the applicant graduated from optometry school prior to January 2, 1988, shall submit proof of satisfactory completion of all educational requirements contained in Iowa Code chapter 154.
a. All parts of the examination of the National Board of Examiners in Optometry in effect ~~on the next scheduled administration date of the Iowa state board licensing examination~~ at the time of application;
b. The examination of the National Board of Examiners in Optometry (formerly given by the International Board of Examiners in Optometry) on "Treatment and Management of Ocular Disease." This paragraph does not apply to those applicants taking the examination of the National Board of Examiners in Optometry after January 1, 1993; and
c. ~~The written and practical clinical examinations of the Iowa state board of optometry examiners.~~ The Iowa jurisprudence examination. Successful completion of the jurisprudence examination requires a minimum score of 75 percent.
d. An applicant must provide an official verification from each state board of examiners in which applicant is currently or formerly licensed, regarding the status of the applicant's license, including issue date, expiration date and information regarding any pending or prior investigations or disciplinary action.
d e. Incomplete applications will be held in office files for three years. Applicants will be required to reapply after that time span.
~~e. If the examinee fails the examination and desires to take a subsequent examination, the examinee shall:~~
~~(1) Complete an application at least 30 days prior to the first day of the next examination;~~
~~(2) Certify that the material statements contained in the original application are current, true and correct;~~
~~(3) Supplement the application information as necessary; and~~
~~(4) Pay the requisite fee.~~
~~f. On subsequent examinations, applicant shall be required to take only those sections (written or practical) of the examinations which the applicant did not pass.~~
~~g. Prior to the third or any subsequent examination attempt, the applicant must submit proof of additional formal education or clinical experience to be approved in advance by the board.~~
ITEM 6. Amend subrule 180.12(5), paragraph "d," as follows:
d. Provides evidence of satisfactory completion of continuing education requirements during the period since the license lapsed. The total number of continuing education hours required for license reinstatement is computed by multiplying 25 for therapeutically certified optometrists or 15 for nontherapeutically certified optometrists by the number of years (or quarterly fraction thereof) since the license lapsed. If the license has lapsed for more than five years, the applicant shall ~~be reexamined and show evidence of successfully passing~~ successfully pass the Iowa state optometry ~~license~~ jurisprudence examination with a ~~passing~~ minimum grade ~~on the reexamination~~ of 75 percent.
ARC 8535A
REVENUE AND FINANCE DEPARTMENT[701]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 421.14 and 422.68(1), the Department of Revenue and Finance hereby gives Notice of Intended Action to amend Chapter 40, "Determination of Net Income," Iowa Administrative Code.
1998 Iowa Acts, House File 2513 [chapter 1177], Division I, made a number of changes in the individual income tax laws relating to the taxation of net capital gains received by individual taxpayers. These changes are retroactively applicable on January 1, 1998, for tax years beginning on or after that date.
The amendments clarify that net capital gains from the sale of the real property of a business, tangible personal property of a business, and service of a business are not taxable on the Iowa individual income tax return if the individuals receiving the capital gains have met criteria for ownership of the business and material participation in the business. The amendments clarify that it is the net capital gains from the sale of assets of a business that are excluded if the taxpayers receiving those capital gains meet certain qualifications for length of time of ownership and length of time for material participation in the business.
However, the amendments specify that capital gains from the sale of capital stock of a corporation are taxable even if the capital stock was for an S corporation.
Capital gains from the sale of real property, tangible personal property and services owned by a partnership, an S corporation, or a limited liability company, where the capital gains of the entity flow through to the individual owners of the entity for federal income tax purposes, are not taxable on the owners' individual Iowa income returns where the owners meet the requirements for time of ownership of the entity and the time of material participation in the entity. The rules clarify that services of a business are certain intangible assets of the business. In addition, the rules clarify that capital gains from the sale of these intangible assets are not taxed if the intangible assets are sold as part of a sale of a business and other criteria are met.
In addition, the amendments clarify that a change in the organization of a business entity will not affect an individual's ability to exclude capital gains from sales of assets of the business if the individual maintained ownership and material participation requirements for the ten-year period prior to the sale of the assets.
In situations where clarification in these rules impacts capital gains reported and taxed on Iowa returns for tax years within the three-year statute of limitations for refund, amended returns may be filed.
The amendments also describe a provision whereby capital gains from the sales of assets of a business sold to a lineal descendant of an individual are not taxable on the Iowa return of an individual that had owned the business for ten years but had not met the requirement for material participation in the business. The amendments specify which relatives of an individual are the lineal descendants of the individual.
The amendments provide that capital gains from the sales of certain cattle and horses and certain other livestock of a business are not taxable on the Iowa individual returns in cases where the individuals selling the cattle, horses, and other livestock derive more than half their gross incomes in the tax year from farming and ranching activities. The amendments provide that capital gains from the sale of certain cattle and horses and other livestock of a business are not taxable on the Iowa income tax return of an individual when the sale of these animals was to a lineal descendant of the individual in cases where less than half of the individual's gross income was from farming and ranching.
The amendments make reference to prior rules for definitions of animals which are livestock other than horses and cattle and which incomes are gross incomes from farming and ranching.
The amendments provide that capital gains from the sale of certain timber products are not taxable on the Iowa individual income tax return.
The amendments mention certain capital gains which are realized from liquidations of corporations for federal income tax purposes which may be eligible for the capital gain exclusion.
The amendments mention capital gains from certain stock sales which are treated as acquisitions of assets of a corporation for federal income tax purposes. The amendments specify that these capital gains may qualify for exclusion if the individual taxpayers receiving the capital gains had owned an interest in the target corporation and had materially participated in the corporation for ten years prior to the date of sale.
Finally, the amendments specify that the capital gain exclusion otherwise allowed is not allowed for purposes of computation of a net operating loss or for the computation of income for a tax year to which a net operating loss is carried.
A number of examples are provided with some of the amendments to illustrate various aspects of the rules.
Members of the state taxation committee of the Iowa Society of CPAs, state taxation committee of the Iowa Bar Association, Iowa Farm Bureau Federation, and Iowans for Tax Relief assisted the Department as an advisory committee in the drafting of amendments to rule 40.38(422).
The proposed amendments will not necessitate additional expenditures by political subdivisions or agencies and entities which contract with political subdivisions.
The Department has determined that these proposed amendments may have an impact on small business. The Department has considered the factors listed in Iowa Code section 17A.31(4). The Department will issue a regulatory flexibility analysis as provided in Iowa Code sections 17A.31 to 17A.33 if a written request is filed by delivery or by mailing postmarked no later than December 22, 1998, to the Policy Section, Compliance Division, Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306. The request may be made by the Administrative Rules Review Committee, the Governor, a political subdivision, at least 25 persons who qualify as a small business under Iowa Code sections 17A.31 to 17A.33, or an organization of small businesses representing at least 25 persons which is registered with this agency under Iowa Code sections 17A.31 to 17A.33.
Any interested person may make written suggestions or comments on these proposed amendments on or before January 5, 1999. Such written comments should be directed to the Policy Section, Compliance Division, Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306.
There will be a public hearing on Tuesday, January 5, 1999, at 9 a.m. in the conference room on the fourth floor of the Hoover State Office Building. Persons may present their views at this hearing either orally or in writing. Persons who wish to make oral presentations at the public hearing should contact the Policy Section at least one day prior to the date of the public hearing.
These amendments are intended to implement Iowa Code section 422.7 as amended by 1998 Iowa Acts, chapter 1177.
The following amendments are proposed.
ITEM 1. Amend rule 701--40.38(422), introductory paragraph, as follows:
701--40.38(422) Capital gains deduction or exclusion for ~~limited amounts of~~ certain types of net capital gains. Effective for tax years beginning on or after January 1, 1990, but prior to January 1, 1998, a deduction is allowed in computing net income for 45 percent of the net capital gains described in subrules 40.38(1) to 40.38(4). See subrules 40.38(6) through 40.38(14) for the capital gain deduction or exclusion which is applicable for net capital gains received in tax years beginning on or after January 1, 1998. However, the aggregate net capital gains from ~~the four~~ subrules 40.38(1) to 40.38(4) which are to be considered for the tax year for the capital gain deduction cannot exceed $17,500 for all individual taxpayers except married taxpayers filing separate state returns. In the case of married taxpayers filing separate returns, the aggregate net capital gains to be considered for the deduction cannot exceed $8,750 per spouse. Married taxpayers filing separately on the combined return form shall prorate the $17,500 capital gain deduction limitation between the spouses in the ratio of each spouse's net capital gains from subrules 40.38(1) to 40.38(4) to the total net capital gains of both spouses from subrules 40.38(1) to 40.38(4). The capital gain deduction authorized in this rule does not apply to estates or trusts. Effective for tax years beginning on or after January 1, 1994, the capital gain deduction is not allowed for purposes of computation of a net operating loss for the tax year and for purposes of computing the income for a tax year to which a net operating loss is carried. Subrule 40.38(5) includes information on how the capital gain deduction is treated in a tax year with a net operating loss and in a tax year with the capital gain deduction where a net operating loss deduction is carried.
ITEM 2. Amend rule 701--40.38(422) by adding the following new subrules:
40.38(6) Exclusion of net capital gains from the sales of real property, from the sales of assets of a business entity, from the sales of certain livestock of a business, from the sales of timber, from liquidation of assets of certain corporations, and from certain stock sales which are treated as acquisition of assets of the corporation. For tax years beginning on or after January 1, 1998, net capital gains from the sale of the assets of a business described in subrules 40.38(7) to 40.38(13) are excluded in the computation of net income for qualified individual taxpayers. Net capital gains means capital gains net of capital losses because Iowa's starting point for computing net income is federal adjusted gross income. This capital gain exclusion does not apply to estates and trusts. Subrule 40.38(14) describes situations in which the capital gain deduction otherwise allowed is not allowed for purposes of computation of a net operating loss or for computation of the taxable income for a tax year to which a net operating loss is carried.
40.38(7) Net capital gains from the sale of real property used in a business. Net capital gains from the sale of real property used in a business are excluded from net income on the Iowa return of the owner of a business to the extent the owner had held the real property in the business for ten or more years and the owner had materially participated in the business for at least ten years. For purposes of this provision, material participation is defined in Section 469(h) of the Internal Revenue Code and described in detail in subrule 40.38(1), paragraph "c."
Note that for purposes of taxation of capital gains from the sales of real property of a business by a taxpayer, there is no waiver of the ten-year material participation requirement when the property is sold to a lineal descendant of the taxpayer as there is for capital gains from sales of businesses described in subrule 40.38(8).
In situations in which the real property was sold by a partnership, subchapter S corporation, or limited liability company, and the capital gain from the sale of the real property flows through to the owners of the business entity for federal income tax purposes, the owners can exclude the capital gain from their net incomes if the real property was owned for ten or more years and the owners had materially participated in the business for ten years prior to the date of sale of the real property, irrespective of whether the type of business entity changed during the ten-year period prior to the date of sale. That is, if the owner of the business had owned and materially participated in the business in the entire ten-year period before the sale, the fact that the business changed from one type of entity to another during the period does not disqualify the owner from excluding capital gains from the sale of real estate owned by the business during that whole ten-year period.
Capital gains from the sale of real property by a C corporation do not qualify for the capital gain exclusion except under the specific circumstances of a liquidation described in subrule 40.38(12).
Capital gains from the sale of real property held for ten or more years for speculation but not used in a business also do not qualify for the capital gain exclusion.
EXAMPLE 1. ABC Company, an S corporation, owned 1,000 acres of land. John Doe is the sole shareholder of ABC Company and had materially participated in ABC Company and owned ABC Company for more than ten years at the time 500 acres of the land were sold for a capital gain of $100,000 in 1998. The capital gain recognized in 1998 by ABC Company and which passed to John Doe as the shareholder of ABC Company is exempt from Iowa income tax because Mr. Doe met the material participation and ownership time requirements.
EXAMPLE 2. John Smith and Sam Smith both owned 50 percent of the stock in Smith and Company which was an S corporation that held 1,000 acres of farmland. Sam Smith had managed all the farming operations for the corporation from the time the corporation was formed in 1980. John Smith was an attorney who lived and practiced law in Denver, Colorado. John Smith was the father of Sam Smith. In 1998, Smith and Company sold 200 acres of the farmland for a $50,000 gain. $25,000 of the gain passed through to John Smith and $25,000 of the gain passed through to Sam Smith. The farmland was sold to Jerry Smith, who was another son of John Smith. Both John Smith and Sam Smith had owned the corporation for at least ten years at the time the land was sold, but only Sam Smith had materially participated in the corporation for the last ten years. Sam Smith could exclude the $25,000 capital gain from the land sale because he had met the time of ownership and time of material participation requirements. John Smith could not exclude the $25,000 gain since although he had met the time of ownership requirement, he did not meet the material participation requirement. Although the land sold by the corporation was sold to John Smith's son, a lineal descendant of John Smith, the capital gain John Smith realized from the land sale does not qualify for exemption for state income tax purposes. There is no waiver of the ten-year material participation requirement for taxpayer's sales of real estate from a business to a lineal descendant of the taxpayer as is described for sales of business assets in subrule 40.38(8).
EXAMPLE 3. Jerry Jones had owned and had materially participated in a farming business for 15 years and raised row crops in the business. There were 500 acres of land in the farming business, 300 acres had been held for 15 years, and 200 acres had been held for 5 years. If Mr. Jones sold the 200 acres of land that had been held only 5 years, any capital gain from the sale of this land would not be excludable since the land was part of the farming business but had been owned for less than ten years. If the 300 acres of land that had been held for 15 years had been sold, the capital gain from that sale would qualify for exclusion.
EXAMPLE 4. John Pike owned a farming business for more than ten years. In this business, Mr. Pike farmed a neighbor's land on a crop-share basis throughout the period. Mr. Pike bought 80 acres of land in 1992 and farmed that land until the land was sold in 1998 for a capital gain of $20,000. The capital gain was taxable on Mr. Pike's Iowa return since the farmland had been held for less than ten years although the business had been operated by Mr. Pike for more than ten years.
EXAMPLE 5. Joe and John Perry were brothers in a partnership for six years which owned 80 acres of land. The brothers dissolved the partnership in 1993, formed an S corporation, and included the land in the assets of the S corporation. The land was sold in 1998 to Brian Perry, who was the grandson of John Perry. The Perry brothers recognized a capital gain of $15,000 from the land sale which was divided equally between the brothers. Joe Perry was able to exclude the capital gain he had received from the sale as he had owned the land and had materially participated in the business for at least ten years at the time the land was sold. John Perry was unable to exclude the capital gain because although he had owned the land for ten years, he had not materially participated in the business for ten years when the land was sold. The fact that the land was sold to a lineal descendant of John Perry is not relevant because the sale involved only real property held in a business and not the sale of all, or substantially all, of the tangible personal property and intangible property of the business.
EXAMPLE 6. Todd Myers had a farming business which he had owned and which he had materially participated in for 20 years. There were two tracts of farmland in the farming business. In 1998 he sold one tract of farmland in the farming business that he had owned for more than ten years for a $50,000 capital gain. The farmland was sold to a person who was not a lineal descendant. During the same year, Mr.Myers had $30,000 in long-term capital losses from sales of stock. In this situation, on Mr. Myers's 1998 Iowa return, the capital gains would be applied against the capital losses and the remaining $20,000 in capital gains could be excluded.
40.38(8) Net capital gains from the sale of assets of a business by an individual that had owned the business ten years and had materially participated in or had been employed in the business for ten years. Net capital gains from the sale of the assets of a business are excluded from an individual's net income to the extent the individual had owned the business for ten or more years and the individual had materially participated in or had been employed in the business for ten or more years. In addition to the ownership and material participation qualifications for the capital gain exclusion, the owner of the business must have sold substantially all of the tangible personal property or the service of the business in order for the capital gains to be excluded from taxation.
For purposes of this rule, the term "substantially all of the tangible property or service of the business" means that the sale of the assets of a business during the tax year must represent at least 90 percent of the fair market value of all of the tangible personal property and service of the business on the date of sale of the business assets. Thus, if the fair market value of a business's tangible personal property and service was $400,000, the business must sell tangible personal property and service of the business that had a fair market value of 90 percent of the total value of those assets to achieve the 90 percent or more standard. However, this does not mean that the amount raised from the sale of the assets must be $360,000 in order for the 90 percent standard to be met, only that the assets involved in the sale of the business must represent 90 percent of the total value of the business assets.
Note that if the 90 percent of assets test is met, capital gains from other assets of the business can also be excluded. Some of these assets include, but are not limited to, stock of another corporation, bonds, including municipal bonds, and interests in other businesses. Note also that if the 90 percent test has been met, all of the individual assets of the business do not have to have been held for ten years on the date of sale for the capital gains from the sale of these assets to be excluded in computing the taxpayer's net income. This statement is made with the assumption that the taxpayer has owned the business and materially participated in the business for ten years prior to the sale of the assets of the business.
In most instances, the sale of merchandise or inventory of a business will not result in capital gains for the seller of a business, so the proceeds from the sale of these items would not be excluded from taxation.
For the purposes of this rule, the term "service of the business" means intangible assets used in the business or for the production of business income which, if sold for a gain, would result in a capital gain for federal income tax purposes. Intangible assets that are used in the business or for the production of income include, but are not limited to, the following items: (1) goodwill, (2) going concern value, (3) information base, (4) patent, copyright, formula, design, or similar item, (5) client lists, and (6) any franchise, trademark, or trade name. The type of business that owns the intangible asset is immaterial, whether the business is a manufacturing business, retail business, or a service business, such as a law or accounting firm.
However, when the business owned by the taxpayer for a minimum of ten years is sold to an individual or individuals who are all lineal descendants of the taxpayer, the taxpayer does not need to have materially participated in the business for ten years prior to the sale of the business in order for the capital gain to be excluded in the computation of net income.
For purposes of these rules, the term "lineal descendant" means children of the taxpayer, including legally adopted children and biological children, stepchildren, grandchildren, great-grandchildren, and any other lineal descendants of the taxpayer.
Note that additional information on sales of business assets which may qualify for the exclusion and criteria for material participation in a business may be found in subrule 40.38(1).
Installments received in the tax year from installment sales of businesses are eligible for the exclusion if all relevant criteria were met at the time of the installment sale which would make the capital gains from the sale exempt from taxation if the installment sale of the business had occurred on or after January 1, 1998.
Sale of capital stock of an Iowa corporation or an Iowa farm corporation to a lineal descendant or to another individual does not constitute the sale of a business for purposes of the capital gain exclusion, whether the corporation is a C corporation or an S corporation.
Note that the sale of one activity of a business or one distinct part of a business may not constitute the sale of a business for purposes of this rule unless the activity or distinct part is a separate business entity such as a partnership or sole proprietorship which is owned by the "business" or unless it represents the sale of at least 90 percent of the fair market value of the tangible personal property or service of the business.
In order to determine whether the sale of the business assets constitutes the sale of a business for purposes of excluding capital gains recognized from the sale, refer to 701--subrule 54.2(1) relating to a unitary business. If activities or locations comprise a unitary business, then 90 percent or more of that unitary business must be sold to meet the requirement for capital gains from the sale to be excluded from taxation. If the activity or location constitutes a separate, distinct, non-unitary business, then 90 percent of the assets of that location or activity must be sold to qualify for the exemption of the capital gain. The burden of proof is on the taxpayer to show that a sale of assets of a business meets the 90 percent standard.
EXAMPLE 1. Joe Rich is the sole owner of Eagle Company, which is an S corporation. In 1998, Mr. Rich sold all the stock of Eagle Company to his son, Mark Rich, and recognized a $100,000 gain on the sale of the stock. This capital gain would be taxable on Joe Rich's 1998 Iowa return since the sale of stock of a corporation did not constitute the sale of the tangible personal property and service of a business.
EXAMPLE 2. Randall Insurance Agency is a sole proprietorship owned solely by Peter Randall. In 1998, Peter Randall received capital gains from the sale of all tangible assets of the insurance agency. In addition, Mr. Randall had capital gains from the sale of client lists and goodwill to the new owners of the business. Since Mr. Randall had owned the insurance agency for more than ten years and had materially participated in the insurance agency for more than ten years at the time of the sale of the tangible property and intangible property of the business, Mr. Randall can exclude the capital gains from the sale of the tangible assets and the intangible assets in computing net income on his 1998 Iowa return.
EXAMPLE 3. Joe Brown owned and materially participated in a sole proprietorship for more than ten years. During the 1998 tax year, Mr. Brown sold two delivery trucks and had capital gains from the sale of the trucks. The trucks were valued at $30,000 at the time of sale which was about 10 percent of the tangible personal property of the business. Mr. Brown could not exclude the capital gains from the sale of the trucks on his 1998 Iowa return as the sale of those assets did not involve the sale of substantially all of the tangible personal property and service of Mr. Brown's business.
EXAMPLE 4. Rich Bennet owned a restaurant and a gift shop in the same building that were part of a sole proprietorship owned only by Mr. Bennet, who had owned and materially participated in both business activities for over ten years. Mr. Bennet sold the gift shop in 1998 for $100,000 and had a capital gain of $40,000 from the sale. The total fair market value of all tangible personal property and intangible assets in the proprietorship at the time the gift shop was sold was $250,000. Mr. Bennet could not exclude the capital gain on his 1998 Iowa return because he had not sold at least 90 percent of the tangible and intangible assets of the business.
EXAMPLE 5. Joe and Ray Johnson were partners in a farm partnership that they had owned for 12 years in 1998 when the partnership was sold to Ray's son Charles. Joe Johnson had materially participated in the partnership for the whole time that the business was in operation, so he could exclude the capital gain he had received from the sale of his interest in the partnership. Although Ray Johnson had not materially participated in the farm business, he could exclude the capital gain he received from the sale of the partnership because the sale of the partnership was to his son, a lineal descendant.
EXAMPLE 6. Kevin and Ron Barker owned a partnership which held a chain of six gas stations in an Iowa city. In 1998, the Barkers sold 100 percent of the property of two of the gas stations and received a capital gain from the sale of $30,000. Separate business records were kept for each of the gas stations. Since the partnership was considered to be a unitary business and the Barkers sold less than 90 percent of the fair market value of the business, the Barkers could not exclude the capital gain from the sale of the gas stations from the incomes reported on their 1998 Iowa returns. However, any gain from the sale of the real property may qualify for exclusion, assuming the ten-year ownership and material participation qualifications are met.
EXAMPLE 7. Rudy Stern owned a cafe in one Iowa city and a fast-food restaurant in another Iowa city. Mr. Stern had owned both businesses and had materially participated in the operation of both businesses for ten years. Each business was operated with a separate manager and kept separate business records. In 1998, Mr. Stern sold all the tangible and intangible assets associated with the cafe and received a capital gain from the sale of the cafe. Mr. Stern can exclude the capital gain from his net income for 1998 because the cafe and fast-food restaurants were considered to be separate and distinct non-unitary businesses.
40.38(9) Net capital gains from the sales of cattle or horses held for two years and used for certain purposes. Net capital gains from the sales of certain cattle or horses held for 24 months or more before the sale and which were owned by taxpayers who received more than one-half of their gross incomes in the tax year from farming or ranching operations are excluded from taxation. The cattle or horses must have been held the required two-year period for breeding, dairy, or sporting purposes in order for the capital gain from the sale of the horses and cattle to qualify for exclusion. These are the same sales of horses and cattle that are eligible for capital gain treatment for federal income tax purposes under Section 1231 of the Internal Revenue Code.
In situations where the qualifying cattle or horses are sold by the taxpayer to a lineal descendant of the taxpayer, the taxpayer does not need to have had more than 50 percent of gross income in the tax year from farming or ranching activities in order for the capital gain to be excluded.
Capital gains from sales of qualifying cattle or horses by an S corporation, partnership, or limited liability company, where the capital gains flow through to the individual owners for federal income tax purposes are eligible for the exclusion only in situations in which the individual owners have more than 50 percent of their gross incomes in the tax year from farming or ranching activities, or where the sale of the qualifying cattle or horses was to lineal descendants of the owners reporting the capital gains from the sales of the qualifying cattle or horses.
However, capital gains from sales of qualifying cattle or horses by a C corporation are not eligible for the capital gain exclusion.
Information about whether cattle or horses were held for draft, breeding, dairy, or sporting purposes is described in detail in subrule 40.38(2). The same subrule includes criteria for determining if more than 50 percent of a taxpayer's gross income in a tax year was from farming or ranching. Note that this standard for determining a taxpayer's qualification for the capital gain deduction or exclusion is if the taxpayer's gross income from farming or ranching, not net income from those activities, is greater than 50 percent of the taxpayer's total gross income and not total net income.
EXAMPLE. Bob Deen had a cattle operation that held black angus cattle in the operation for breeding purposes. In 1998, Mr. Deen sold 40 head of cattle that had been held for breeding purposes for two years. Mr. Deen's total gross income from farming was $125,000, but he had a $10,000 loss from his farming operation. Mr. Deen also had wages of $25,000 from a job at a local farming cooperative. Because Mr. Deen had more than 50 percent of his gross income in 1998 from farming operations, he could exclude the capital gain from the sale of the breeding cattle. Although Mr. Deen had a loss from his farming activities, he still had more than 50 percent of his gross income in the tax year from those activities.
40.38(10) Net capital gains from sales of certain livestock other than horses and cattle. Net capital gains from sale of breeding livestock, other than cattle or horses held 12 or more months by taxpayers who have more than 50 percent of their gross incomes in the tax year from farming or ranching operations, are excluded from taxation. These are the same sales of breeding livestock other than cattle or horses that are eligible for capital gain treatment for federal income tax purposes under Section 1231 of the Internal Revenue Code. In an instance in which a taxpayer sells breeding livestock other than cattle or horses which have been held 12 or more months, and the sale of the livestock is to a lineal descendant of the taxpayer, the taxpayer does not need to have more than 50 percent of the gross income in the tax year from farming or ranching operations to be eligible for the capital gain exclusion.
Capital gains from sales of qualifying livestock other than cattle or horses by an S corporation, partnership, or limited liability company, where the capital gains flow through to the owners of the respective business entity for federal income tax purposes, qualify for the exclusion to the extent the owners receiving the capital gains meet the qualifications for the exclusion on the basis of having more than 50 percent of the gross income in the tax year from farming or ranching activities.
Capital gains from the sale of qualifying livestock other than cattle or horses by a C corporation are not eligible for the exclusion.
Animals that are considered livestock other than cattle or horses for purposes of this rule are listed in subrule 40.38(3). Criteria for determining whether more than 50 percent of a taxpayer's gross income in the tax year is from farming or ranching are defined in subrule 40.38(2).
40.38(11) Capital gains from the sales of timber held by the taxpayer more than one year. These sales of timber are sales that would qualify for capital gain treatment for federal income tax purposes under Section 1231 of the Internal Revenue Code. Thus, if the sale of timber products meets the criteria for capital gain treatment for federal income tax purposes, the capital gain will qualify for exclusion on the Iowa income tax return.
Subrule 40.38(4) includes information on which tree products are considered to be timber for purposes of this rule as well as which sales of timber qualify for the capital gain exclusion. Additional information about gains and losses from the sale of timber products is found in Treasury Regulations §1.631-1 and §1.631-2.
Capital gains from the sale of qualifying timber by an S corporation, partnership, or limited liability company, which flow to the owners of the respective business entity for federal individual income tax purposes, are eligible for the capital gain exclusion.
Capital gains from the sale of timber by a C corporation do not qualify for the capital gain exclusion.
40.38(12) Capital gains from the liquidation of assets of corporations which are recognized as sales of assets for federal income tax purposes. Capital gains realized from liquidations of corporations which are recognized as sales of assets for federal income tax purposes under Section 331 of the Internal Revenue Code may be eligible for the capital gain exclusion. To the extent the capital gains are reported by the shareholders of the corporations for federal income tax purposes and the shareholders are individuals, the shareholders are eligible for the capital gain deduction if the shareholders meet the qualifications for time of ownership and time of material participation in the corporation being liquidated. The burden of proof is on the shareholders to show they meet these time of ownership and material participation requirements.
40.38(13) Capital gains from certain stock sales which are treated as acquisitions of assets of the corporation for federal income tax purposes. Capital gains received by individuals from a sale of stock of a target corporation which is treated as an acquisition of the assets of the corporation under Section 338 of the Internal Revenue Code may be excluded if the individuals receiving the capital gains had owned an interest in the target corporation and had materially participated in the corporation for ten years prior to the date of the sale of the corporation. Note that the burden of proof is on the taxpayer to show eligibility to exclude the capital gains from these transactions in the computation of net income for Iowa individual income tax purposes.
40.38(14) Net capital gain deduction or exclusion not allowed for purposes of computation of a net operating loss or for computation of income for a tax year to which a net operating loss is carried. Although the net capital gain deduction or exclusion in this rule is allowed for the purposes of computation of a taxpayer's net income for a tax year, the deduction or exclusion is not allowed for the purposes of the computation of a net operating loss in the tax year. In addition, if a net operating loss for a tax year beginning on or after January 1, 1998, is carried forward to a subsequent tax year or is carried back to a prior tax year, the net capital gain deduction or exclusion is not allowed for the purposes of computing the income for the tax year to which the net operating loss was carried.
ITEM 3. Amend rule 701--40.38(422), implementation sentence, as follows:
This rule is intended to implement Iowa Code ~~Supplement~~ section 422.7 as amended by ~~1994~~ 1998 Iowa Acts, ~~Senate File 2057~~ chapter 1177.
NOTICE--PUBLIC FUNDS INTEREST RATES
In compliance with Iowa Code chapter 74A and section 12C.6, the committee composed of Treasurer of StateMichael L. Fitzgerald, Superintendent of Credit Unions James E. Forney, Superintendent of Banking Michael K. Guttau, and Auditor of State Richard D. Johnson have established today the following rates of interest for public obligations and special assessments. The usury rate for November is 6.75%.
INTEREST RATES FOR PUBLIC
OBLIGATIONS AND ASSESSMENTS
74A.2 Unpaid Warrants Maximum 6.0%
74A.4 Special Assessments Maximum 9.0%
RECOMMENDED for 74A.3 and 74A.7: A rate equal to 75% of the Federal Reserve monthly published indices for U.S. Government securities of comparable maturities.
The rate of interest has been determined by a committee of the state of Iowa to be the minimum interest rate that shall be paid on public funds deposited in approved financial institutions. To be eligible to accept deposits of public funds of the state of Iowa, a financial institution shall demonstrate a commitment to serve the needs of the local community in which it is chartered to do business. These needs include credit services as well as deposit services. All such financial institutions are required to provide the committee with a written description of their commitment to provide credit services in the community. This statement is available for examination by citizens.
New official state interest rates, effective November 10, 1998, setting the minimums that may be paid by Iowa depositories on public funds are listed below.
TIME DEPOSITS
7-31 days Minimum 4.50%
32-89 days Minimum 4.50%
90-179 days Minimum 4.70%
180-364 days Minimum 4.70%
One year Minimum 4.70%
Two years or more Minimum 4.70%
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
FILED
ARC 8514A
ARCHITECTURAL EXAMINING BOARD[193B]
Adopted and Filed
Pursuant to the authority of Iowa Code section 544A.29, the Iowa Architectural Examining Board hereby amends Chapter 2, "Registration," Iowa Administrative Code.
The amendments to Chapter 2 update procedures to be followed to reinstate a lapsed registration and fees to be paid for original registration as an architect.
Notice of Intended Action was published in Iowa Administrative Bulletin on June 17, 1998, as ARC 8074A. The amendments are unchanged from those published under Notice of Intended Action.
The amendments were adopted by the Architectural Examining Board on November 10, 1998.
The amendments will become effective January 6, 1999.
These amendments are intended to implement Iowa Code chapters 17A and 544A.
The following amendments are adopted.
ITEM 1. Amend rule 193B--2.3(544A,17A) as follows:
193B--2.3(544A,17A) Reinstatement. An expired certificate of registration can be reinstated ~~within two years~~ by completing all of the following:
1. Paying ~~the~~ a reinstatement fee of $50 per year of expired registration, up to a maximum of $350.
2. Paying the current renewal fee.
3. Submitting documented evidence of ~~compliance with the~~ completion of 12 contact hours (8 hours in public protection subjects) of continuing education ~~requirements~~ for each year ~~the two years prior to the date the certificate~~ of expired registration ~~expired~~ in compliance with requirements in 193B--Chapter 3 ~~(40 contact hours)~~ up to a maximum of 48 contact hours (32 hours in public protection subjects). If the continuing education requirements cannot be met, reinstatement requirements will be determined by the board. The certificate will be reinstated when the requirements have been satisfied and fees have been paid.
ITEM 2. Rescind subrules 2.3(1) and 2.3(2).
ITEM 3. Amend rule 193B--2.5(544A,17A) as follows:
193B--2.5(544A,17A) Fee schedule. Under the authority provided in Iowa Code chapter 544A, the following fees are hereby adopted:
Examination fees:
Initial application fee paid to board $100
Fees for examination subjects shall be paid
directly to the testing service selected
by NCARB.
Registration Fee 30 20
(plus $6 $5 per month until renewal)
Reciprocal Application and Registration Fee 140
Biennial Renewal Fee 140
Biennial Renewal Fee (Inactive) 50
Reinstatement Fee 100
Duplicate Certificate Fee 20
Roster Fee (except to registered architects
and government agencies) 50
Authorization to Practice Architecture
as a Business Entity 50
Renewal of Authorization to Practice
Architecture as a Business Entity 20
[Filed 11/12/98, effective 1/6/99]
[Published 12/2/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 12/2/98.
ARC 8513A
ARCHITECTURAL EXAMINING BOARD[193B]
Adopted and Filed
Pursuant to the authority of Iowa Code section 544A.29, the Architectural Examining Board hereby amends Chapter 2, "Registration," Chapter 5, "Disciplinary Action," and Chapter 6, "Public Records and Fair Information Practices," Iowa Administrative Code.
The amendments to Chapters 2 and 5 outline procedures to be followed when the Board receives a certificate of noncompliance from the College Student Aid Commission in accordance with 1998 Iowa Acts, chapter 1081. The amendment to Chapter 6 allows the Board to share information regarding registrants with the College Student Aid Commission.
Notice of Intended Action was published in the Iowa Administrative Bulletin on August 12, 1998, as ARC 8230A. The amendments are unchanged from those published under Notice of Intended Action, except that in subrules 5.25(1) and 5.25(2) the words "applicant or" were deleted.
The amendments were adopted by the Architectural Examining Board on November 10, 1998.
The amendments will become effective January 6, 1999.
These amendments are intended to implement 1998 Iowa Acts, chapter 1081.
The following amendments are adopted.
ITEM 1. Adopt new rule 193B--2.7(77GA,ch1081) as follows:
193B--2.7(77GA,ch1081) Issuance or renewal of a certificate of registration--denial. The board shall deny the issuance or renewal of a certificate of registration upon receipt of a certificate of noncompliance from the college student aid commission according to the procedures set forth in 1998 Iowa Acts, chapter 1081. In addition to those procedures, this rule shall apply.
2.7(1) The notice required by 1998 Iowa Acts, chapter 1081, section 6, shall be served by restricted certified mail, return receipt requested, or by personal service in accordance with the Iowa Rules of Civil Procedure. Alternatively, the applicant or registrant may accept service personally or through authorized counsel.
2.7(2) The effective date of the denial of the issuance or renewal of a certificate of registration, as specified in the notice required by 1998 Iowa Acts, chapter 1081, section 6, shall be 60 days following service of the notice upon the applicant or registrant.
2.7(3) The board's executive secretary is authorized to prepare and serve the notice required by 1998 Iowa Acts, chapter 1081, section 6, upon the applicant or registrant.
2.7(4) Applicants and registrants shall keep the board informed of all court actions and all college student aid commission actions taken under or in connection with Iowa Code chapter 261 and shall provide the board copies, within seven days of filing or issuance, of all applications filed with the district court pursuant to 1998 Iowa Acts, chapter 1081, section 7, all court orders entered in such actions, and withdrawals of certificates of noncompliance by the college student aid commission.
2.7(5) All board fees required for application, registration renewal or registration reinstatement must be paid by applicants or registrants, and all continuing education requirements must be met before a certificate of registration will be issued, renewed, or reinstated after the board has denied the issuance or renewal of a certificate of registration pursuant to Iowa Code chapter 261.
2.7(6) In the event an applicant or registrant timely files a district court action following service of a board notice pursuant to 1998 Iowa Acts, chapter 1081, sections 6 and 7, the board shall continue with the intended action described in the notice upon the receipt of a court order lifting the stay, dismissing the action, or otherwise directing the board to proceed. For purposes of determining the effective date of the denial of the issuance or renewal of a certificate of registration, the board shall count the number of days before the action was filed and the number of days after the action was disposed of by the court.
2.7(7) The board shall notify the applicant or registrant in writing through regular first-class mail, or such other means as the board deems appropriate in the circumstances, within ten days of the effective date of the denial of the issuance or renewal of a certificate of registration, and shall similarly notify the applicant or registrant when the certificate of registration is issued or renewed following the board's receipt of a withdrawal of the certificate of noncompliance.
ITEM 2. Amend the implementation sentence at the end of 193B--Chapter 2 as follows:
These rules are intended to implement Iowa Code sections 544A.5, 544A.8 to 544A.11, 544A.21, 272C.2 and 272C.4 ~~and~~, Iowa Code ~~Supplement~~ chapter 252J and 1998 Iowa Acts, chapter 1081.
ITEM 3. Adopt new rule 193B--5.25(77GA,ch1081) as follows:
193B--5.25(77GA,ch1081) Suspension or revocation of a certificate of registration--student loan. The board shall suspend or revoke a certificate of registration upon receipt of a certificate of noncompliance from the college student aid commission according to the procedures set forth in 1998 Iowa Acts, chapter 1081. In addition to those procedures, this rule shall apply.
5.25(1) The notice required by 1998 Iowa Acts, chapter 1081, section 6, shall be served by restricted certified mail, return receipt requested, or by personal service in accordance with the Iowa Rules of Civil Procedure. Alternatively, the registrant may accept service personally or through authorized counsel.
5.25(2) The effective date of revocation or suspension of a certificate of registration, as specified in the notice required by 1998 Iowa Acts, chapter 1081, section 6, shall be 60 days following service of the notice upon the registrant.
5.25(3) The board's executive secretary is authorized to prepare and serve the notice required by 1998 Iowa Acts, chapter 1081, section 6, and is directed to notify the licensee that the certificate of registration will be suspended, unless the certificate of registration is already suspended on other grounds. In the event a certificate of registration is on suspension, the executive secretary shall notify the registrant of the board's intention to revoke the certificate of licensure.
5.25(4) Registrants shall keep the board informed of all court actions and all college student aid commission actions taken under or in connection with Iowa Code chapter 261 and shall provide the board copies, within seven days of filing or issuance, of all applications filed with the district court pursuant to 1998 Iowa Acts, chapter 1081, section 7, all court orders entered in such actions, and withdrawals of certificates of noncompliance by the college student aid commission.
5.25(5) All board fees required for registration renewal or registration reinstatement must be paid by registrants and all continuing education requirements must be met before a certificate of registration will be renewed or reinstated after the board has suspended or revoked a license pursuant to Iowa Code chapter 261.
5.25(6) In the event a registrant timely files a district court action following service of a board notice pursuant to 1998 Iowa Acts, chapter 1081, sections 6 and 7, the board shall continue with the intended action described in the notice upon the receipt of a court order lifting the stay, dismissing the action, or otherwise directing the board to proceed. For purposes of determining the effective date of the denial of the issuance or renewal of a certificate of registration, the board shall count the number of days before the action was filed and the number of days after the action was disposed of by the court.
5.25(7) The board shall notify the registrant in writing through regular first-class mail, or such other means as the board deems appropriate in the circumstances, within ten days of the effective date of the suspension or revocation of a certificate of registration, and shall similarly notify the registrant when the certificate of registration is reinstated following the board's receipt of a withdrawal of the certificate of noncompliance.
ITEM 4. Amend the implementation sentence at the end of 193B--Chapter 5 as follows:
These rules are intended to implement Iowa Code chapters 17A, 252J, 272C, and 544A and 1998 Iowa Acts, chapter 1081.
ITEM 5. Adopt new subrule 6.9(4) as follows:
6.9(4) Notwithstanding any statutory confidentiality provision, the board may share information with the college student aid commission for the sole purpose of identifying applicants or registrants subject to enforcement under 1998 Iowa Acts, chapter 1081.
ITEM 6. Amend the implementation sentence at the end of 193B--Chapter 6 as follows:
These rules are intended to implement Iowa Code section 22.11 ~~and~~, Iowa Code ~~Supplement~~ chapter 252J and 1998 Iowa Acts, chapter 1081.
[Filed 11/12/98, effective 1/6/99]
[Published 2/12/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 12/2/98.
ARC 8526A
EDUCATIONAL EXAMINERS BOARD[282]
Adopted and Filed
Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby adopts amendments to Chapter 14, "Issuance of Practitioner's Licenses and Endorsements," Iowa Administrative Code.
The amendments clarify the wording for middle school endorsement in subrule 14.20(15) and remove the expiration date thereby allowing this endorsement to continue to be available after December 31, 1998.
The middle school endorsement was created for holders of a general elementary endorsement or a secondary endorsement. The middle school endorsement encourages preparation of middle school level teachers in the unique characteristics and needs of the middle school age student and continues to facilitate interdisciplinary teaching in the middle school.
The Board has reviewed the impact of this middle school endorsement and finds that it is an effective and needed endorsement that should continue to be available to practitioners; therefore, the Board proposes to clarify the wording in this endorsement and to remove the expiration date of December 31, 1998.
Notice of Intended Action was published in the Iowa Administrative Bulletin on September 9, 1998, as ARC 8315A. A public hearing was held on October 8, 1998. No one appeared at the public hearing. No comments were received with respect to the sunset date or the word clarification. The Board of Educational Examiners adopted these rules on November 6, 1998.
The amendments are identical to those published under Notice.
These amendments will become effective on January 6, 1999.
These amendments are intended to implement Iowa Code chapter 272.
The following amendments are adopted.
Amend subrule 14.20(15) as follows:
Amend paragraph "b," subparagraph (2), numbered paragraph "2," as follows:
2. Three semester hours of coursework in middle school ~~curriculum~~ design, ~~and~~ instruction, and curriculum including, but not limited to, instruction in interdisciplinary teaming, pedagogy, and methods in addition to related studies completed as part of the professional education core in 14.19(3).
Strike the final paragraph as follows:
~~The provision of this subrule will expire on December 31, 1998.~~
[Filed 11/13/98, effective 1/6/99]
[Published 12/2/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 12/2/98.
ARC 8517A
EMERGENCY MANAGEMENT DIVISION[605]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 17A.3, 34A.6, and 34A.22, the Emergency Management Division hereby rescinds Chapter 10, "Enhanced 911 Telephone Systems," Iowa Administrative Code, and adopts a new Chapter 10 with the same title.
The Emergency Management Division is rescinding current rules and adopting a new chapter due to significant changes in structure and content. These rules provide for uniform procedures regarding the establishment of joint E911 service boards, submittal of E911 service plans, the establishment of an E911 surcharge, and minimum standards for E911 operations. In addition, these rules implement 1998 Iowa Acts, chapter 1101, which provides for the establishment of an enhanced wireless 911 service and surcharge.
These rules were Adopted and Filed Emergency and published in the Iowa Administrative Bulletin on September 23, 1998, as ARC 8344A. Notice of Intended Action to solicit comments on that submission was published simultaneously as ARC 8343A.
These rules have been revised, based on public comment, to provide further clarification regarding eligible reimbursements, surcharge determination, confidentiality, and administrative hearings and appeals.
The Emergency Management Division adopted these rules on November 12, 1998.
These rules are intended to implement Iowa Code chapter 34A.
These rules shall become effective January 6, 1999, at which time the Adopted and Filed Emergency rules are hereby rescinded.
The following rules are adopted.
Rescind 605--Chapter 10 and adopt the following new chapter:
CHAPTER 10
ENHANCED 911 TELEPHONE SYSTEMS
605--10.1(34A) Program description. The purpose of this program is to provide for the orderly development, installation, and operation of enhanced 911 emergency telephone systems and to provide a mechanism for the funding of these systems, either in whole or in part. These systems shall be operated under governmental management and control for the public benefit. These rules shall apply to each joint E911 service board or alternative 28E entity as provided in Iowa Code chapter 34A and to each provider of enhanced 911 service.
605--10.2(34A) Definitions. As used in this chapter, unless context otherwise requires:
"Access line" means the telephone service line which connects a subscriber's main telephone(s) or equivalent main telephone(s) to the telephone company's switching office.
"Administrator," unless otherwise noted, means the administrator of the emergency management division.
"Automatic location identification (ALI)" means a system capability that enables an automatic display of information defining a geographical location of the telephone used to place the 911 call.
"Automatic number identification (ANI)" means a capability that enables the automatic display of the number of the telephone used to place the 911 call.
"Call attendant" means the person who initially answers a 911 call.
"Call detail recording" means a means of establishing chronological and operational accountability for each 911 call processed, consisting minimally of the caller's telephone number, the date and time the 911 telephone equipment established initial connection (trunk seizure), the time the call was answered, the time the call was transferred (if applicable), the time the call was disconnected, the trunk line used, and the identity of the call attendant's position, also known as an ANI printout.
"Call relay method" means the 911 call is answered at the PSAP, where the pertinent information is gathered, and the call attendant relays the caller's information to the appropriate public or private safety agency for further action.
"Call transfer method" means the call attendant determines the appropriate responding agency and transfers the 911 caller to that agency.
"Central office (CO)" means a telephone company facility that houses the switching and trunking equipment serving telephones in a defined area.
"Coin-free access (CFA)" means coin-free dialing or no-coin dial tone which enables a caller to dial 911 or "0" for operator without depositing money or incurring a charge.
"Conference transfer" means the capability of transferring a 911 call to the action agency and allowing the call attendant to monitor or participate in the call after it has been transferred to the action agency.
"Direct dispatch method" means 911 call answering and radio-dispatching functions, for a particular agency, are both performed at the PSAP.
"E911 communications council" means the council as established under the provisions of Iowa Code section 34A.15.
"E911 program manager" means that person appointed by the administrator of the emergency management division to administer the state-enhanced 911 program and the provisions of Iowa Code chapter 34A.
"Emergency call" means a telephone request for service which requires immediate action to prevent loss of life, reduce bodily injury, prevent or reduce loss of property and respond to other emergency situations determined by local policy.
"Enhanced 911 (E911)" means the general term referring to emergency telephone systems with specific electronically controlled features, such as ALI, ANI, and selective routing.
"Enhanced 911 (E911) operating authority" means the public entity, which operates an E911 telephone system for the public benefit, within a defined enhanced 911 service area.
"Enhanced 911 (E911) service area" means the geographic area to be served, or currently served under an enhanced 911 service plan, provided that any enhanced 911 service area shall at a minimum encompass one entire county. The enhanced 911 service area may encompass more than one county and need not be restricted to county boundaries. This definition applies only to wire-line enhanced 911 service.
"Enhanced 911 (E911) service plan (wire-line)" means a plan, produced by a joint E911 service board, which includes the information required by Iowa Code subsection 34A.2(6).
"Enhanced 911 service surcharge" means a charge set by the joint E911 service board, approved by local referendum, and assessed on each access line which physically terminates within the E911 service area.
"Enhanced wireless 911 service area" means the geographic area to be served, or currently served, by a PSAP under an enhanced wireless 911 service plan.
"Enhanced wireless 911 service, phase I" means an emergency wireless telephone system with specific electronically controlled features such as ANI, specific indication of wireless communications tower site location, selective routing by geographic location of the tower site.
"Enhanced wireless 911 service, phase II" means an emergency wireless telephone system with specific electronically controlled features such as ANI and ALI and selective routing by geographic location of the 911 caller.
"Exchange" means a defined geographic area served by one or more central offices in which the telephone company furnishes services.
"Implementation" means the activity between formal approval of an E911 service plan and a given system design, and commencement of operations.
"Joint E911 service board" means those entities created under the provisions of Iowa Code section 34A.3, which include the legal entities created pursuant to Iowa Code chapter 28E referenced in Iowa Code subsection 34A.3(3).
"911 call" means any telephone call that is made by dialing the digits 911.
"911 system" means a telephone system that automatically connects a caller, dialing the digits 911, to a PSAP.
"Nonrecurring costs" means one-time charges incurred by a joint E911 service board or operating authority including, but not limited to, expenditures for E911 service plan preparation, surcharge referendum, capital outlay, installation, and initial license to use subscriber names, addresses and telephone information.
"One-button transfer" means another term for a (fixed) transfer which allows the call attendant to transfer an incoming call by pressing a single button. For example, one button would transfer voice and data to a fire agency, and another button would be used for police, also known as "selective transfer."
"Political subdivision" means a geographic or territorial division of the state that would have the following characteristics: defined geographic area, responsibilities for certain functions of local government, public elections and public officers, and taxing power. Excluded from this definition are departments and divisions of state government and agencies of the federal government.
"Provider" means a person, company or other business that provides, or offers to provide, 911 equipment, installation, maintenance, or access services.
"Public or private safety agency" means a unit of state or local government, a special purpose district, or a private firm, which provides or has the authority to provide firefighting, police, ambulance, or emergency medical services.
"Public safety answering point (PSAP)" means a 24-hour, state or local jurisdiction communications facility, which receives 911 service calls and directly dispatches emergency response services or relays or transfers calls to the appropriate public or private safety agency.
"Public switched telephone network" means a complex of diversified channels and equipment that automatically routes communications between the calling person and called person or data equipment.
"Recurring costs" means repetitive charges incurred by a joint E911 service board or operating authority including, but not limited to, database management, lease of access lines, lease of equipment, network access fees, and applicable maintenance costs.
"Selective routing (SR)" means an enhanced 911 system feature that enables all 911 calls originating from within a defined geographical region to be answered at a predesignated PSAP.
"Subscriber" means any person, firm, association, corporation, agencies of federal, state and local government, or other legal entity responsible by law for payment for communication service from the telephone utility.
"Tariff" means a document filed by a telephone company with the state telephone utility regulatory commission which lists the communication services offered by the company and gives a schedule for rates and charges.
"Telecommunications device for the deaf (TDD)" means any type of instrument, such as a typewriter keyboard connected to the caller's telephone and involving special equipment at the PSAP which allows an emergency call to be made without speaking, also known as a TTY.
"Trunk" means a circuit used for connecting a subscriber to the public switched telephone network.
"Wireless communications service" means cellular, broadband PCS, and SMR which provide real-time two-way interconnected voice service, the networks of which utilize intelligent switching capability and offer seamless handoff to customers. This definition includes facilities-based service providers and non-facilities-based resellers. For purposes of wireless 911 surcharge, wireless communications service does not include services whose customers do not have access to 911, or a 911-like service, a communications channel utilized only for data transmission, or a private telecommunications system.
"Wireless communications surcharge" means a surcharge of up to 50 cents imposed on each wireless communications service number provided in this state and collected as part of a wireless communications service provider's monthly billing to a subscriber.
605--10.3(34A) Joint E911 service boards. Each county board of supervisors shall establish a joint E911 service board.
10.3(1) Membership.
a. Each political subdivision of the state, having a public safety agency serving territory within the E911 service area, is entitled to voting membership.
b. Each private safety agency, such as privately owned ambulance services, airport security agencies, and private fire companies, serving territory within the E911 service area, is entitled to a nonvoting membership on the board.
c. Public and private safety agencies headquartered outside but operating within an E911 service area are entitled to membership according to their status as a public or private safety agency.
d. A political subdivision, which does not operate its own public safety agency, but contracts for the provision of public safety services, is not entitled to membership on the joint E911 service board. However, its contractor is entitled to membership according to the contractor's status as a public or private safety agency.
e. The joint E911 service board elects a chairperson and cochairperson.
10.3(2) Alternate 28E entity. The joint E911 board may organize as an Iowa Code chapter 28E agency as authorized in Iowa Code subsection 34A.3(3), provided that the 28E entity meets the voting and membership requirements of Iowa Code subsection 34A.3(1).
10.3(3) Joint E911 service board bylaws. Each joint E911 service board shall develop bylaws to specify, at a minimum, the following information:
a. The name of the joint E911 service board.
b. A list of voting and nonvoting members.
c. The date for the commencement of operations.
d. The mission.
e. The powers and duties.
f. The manner for financing activities and maintaining a budget.
g. The manner for acquiring, holding and disposing of property.
h. The manner for electing or appointing officers and terms of office.
i. The manner by which members may vote to include, if applicable, the manner by which votes may be weighted.
j. The manner for appointing, hiring, disciplining, and terminating employees.
k. The rules for conducting meetings.
l. The permissible method or methods to be employed in accomplishing the partial or complete termination of the board and the disposing of property upon such complete or partial termination.
m. Any other necessary and proper rules or procedures.
Each member shall sign the adopted bylaws.
The joint E911 service board shall record the signed bylaws with the county recorder and shall forward a copy of the signed bylaws to the E911 program administrator at the state emergency management division.
10.3(4) Executive board. The joint E911 service board may, through its bylaws, establish an executive board to conduct the business of the joint E911 service board. The executive board will have such other duties and responsibilities as assigned by the joint E911 service board.
10.3(5) Meetings.
a. The provisions of Iowa Code chapter 21, "Official Meetings Open to the Public," are applicable to joint 911 service boards.
b. Joint E911 service boards shall conduct meetings in accordance with their established bylaws and applicable state law.
605--10.4(34A) Enhanced 911 service plan (wire-line).
10.4(1) The joint E911 service board shall be responsible for developing an E911 service plan as required by Iowa Code section 34A.3 and as set forth in these rules. The plan will remain the property of the joint E911 service board. Each joint E911 service board shall coordinate planning with each contiguous joint E911 service board. A copy of the plan and any modifications and addenda shall be submitted to:
a. The state emergency management division.
b. All public and private safety agencies serving the E911 service area.
c. All providers affected by the E911 service plan.
10.4(2) The E911 service plan shall, at a minimum, encompass the entire county, unless a waiver is granted by the administrator. Each plan shall include:
a. The mailing address of the joint E911 service board.
b. A list of voting members on the joint E911 service board.
c. A list of nonvoting members on the joint E911 service board.
d. The name of the chairperson and cochairperson of the joint E911 service board.
e. A geographical description of the enhanced 911 service area.
f. A list of all public and private safety agencies within the E911 service area.
g. The number of public safety answering points within the E911 service area.
h. Identification of the agency responsible for management and supervision of the E911 emergency telephone communication system.
i. A statement of estimated charges to be incurred by the joint E911 service board, including separate estimates of recurring and nonrecurring charges. These charges shall be limited to charges directly attributable to the provision of E911 service. The charges shall include the following:
(1) Item(s) or unit(s) of measurement, or both, and the associated tariff prices applicable in the development of the charges.
(2) Where tariff prices are not available, work papers showing the development of the charges by item(s)/unit(s) shall be included.
(3) Charges shall be justified as being attributable to the provision of E911 telephone communication service.
j. Information from telephone service providers detailing the current equipment operated by the provider to provide telephone service and additional central office equipment or technology upgrades, or both, necessary to implement E911 service.
k. The total number of telephone access lines by telephone company or companies having points of presence within the E911 service area and the number of this total that is exempt from surcharge collection as provided in rule 10.9(34A) and Iowa Code subsection 34A.7(3).
l. The estimated number of pay telephones within the E911 service area.
m. If applicable, a schedule for implementation of the plan throughout the E911 service area. A joint E911 service board may decide not to implement E911 service.
n. The total property valuation in the E911 service area.
o. Maps of the E911 service area showing:
(1) The jurisdictional boundaries of all law enforcement agencies serving the area.
(2) The jurisdictional boundaries of all firefighting districts and companies serving the area.
(3) The jurisdictional boundaries of all ambulance and emergency medical service providers operating in the area.
(4) Telephone exchange boundaries and the location of telephone company central offices, including those located outside but serving the service area.
(5) The location of PSAP(s) within the service area.
p. A block drawing for each telephone central office within the service area showing the method by which the 911 call will be delivered to the PSAP(s).
10.4(3) All plan modifications and addenda shall be filed with, reviewed, and approved by the E911 program manager.
10.4(4) The E911 program manager shall base acceptance of the plan upon compliance with the provisions of Iowa Code chapter 34A and the rules herein.
10.4(5) The E911 program manager will notify in writing, within 20 days of review, the chairperson of the joint E911 service board of the approval or disapproval of the plan.
a. If the plan is disapproved, the joint E911 service board will have 90 days from receipt of notice to submit revisions/addenda.
b. Notice for disapproved plans will contain the reasons for disapproval.
c. The E911 program manager will notify the chairperson, in writing within 20 days of review, of the approval or disapproval of the revisions.
605--10.5(34A) Referendum and surcharge (wire-line).
10.5(1) The surcharge referendum may be initiated only by the joint E911 service board and shall be conducted in accordance with the provisions of Iowa Code sections 34A.6 and 34A.6A and Iowa Administrative Code rule 721-- 21.810(34A). The surcharge is not a local option tax that can be presented to the voters under Iowa Code chapter 422B.
10.5(2) The following information shall be filed with the E911 program manager before the surcharge may be imposed.
a. A copy of the "Abstract of Election" (Form 156-K) from each commissioner of elections, in each county or partial county included within the E911 service area, showing passage of the referendum allowing for the imposition of a surcharge for E911 service.
b. An E911 service plan for the proposed E911 service area approved by the joint E911 service board.
c. A letter signed by the chairperson of the joint E911 service board requesting that the surcharge be imposed within the E911 service area.
10.5(3) The E911 program manager shall notify a provider scheduled to provide exchange access E911 service within an E911 service area that implementation of an E911 service plan has been approved by the joint E911 service board, E911 program manager, and by the service area referendum, and that collection of the surcharge is to begin within 100 days.
10.5(4) The provider shall collect the surcharge as a part of its monthly billing to its subscribers. The surcharge shall appear as a single line item on a subscriber's monthly billing entitled "E911 emergency telephone service surcharge."
10.5(5) The provider may retain 1 percent of the surcharge collected as compensation for the billing and collection of the surcharge. If the compensation is insufficient to fully recover a provider's costs for the billing and collection of the surcharge, the deficiency shall be included in the provider's costs for rate-making purposes to the extent it is reasonable and just under Iowa Code section 476.6.
10.5(6) The provider shall remit collected surcharge to the joint E911 service board on a calendar-quarter basis within 20 days of the end of the quarter.
10.5(7) Collection for a surcharge shall terminate at the end of 24 months if E911 service is not initiated for all or a part of the E911 service area as stated in Iowa Code subsection 34A.6(1). The E911 program manager for good cause may grant an extension.
a. The administrator shall provide 100 days' prior written notice to the joint E911 service board or the operating authority and to the service provider(s) collecting the fee of the termination of surcharge collection.
b. Individual subscribers within the E911 service area may petition the joint E911 service board or the operating authority for a refund. Petitions shall be filed within one year of termination. Refunds may be prorated and shall be based on funds available and subscriber access lines billed.
c. At the end of one year from the date of termination, any funds not refunded and remaining in the E911 service fund and all interest accumulated shall be retained by the joint E911 service board. However, if the joint E911 service board ceases to operate any E911 service, the balance in the E911 service fund shall be payable to the state emergency management division. Moneys received by the division shall be used only to offset the costs for the administration of the E911 program.
605--10.6(34A) Waivers, variance request, and right to appeal.
10.6(1) All requests for variances or waivers shall be submitted to the E911 program manager in writing and shall contain the following information:
a. A description of the variance(s) or waiver(s) being requested.
b. Supporting information setting forth the reasons the variance or waiver is necessary.
c. A copy of the resolution or minutes of the joint E911 service board meeting which authorizes the application for a variance or waiver.
d. The signature of the chairperson of the joint E911 service board.
10.6(2) The E911 program manager may grant a variance or waiver based upon the provisions of Iowa Code chapter 34A or other applicable state law.
10.6(3) Upon receipt of a request for a variance or waiver, the E911 program manager shall evaluate the request and schedule a review within 20 working days of receipt of the request. Review shall be informal and the petitioner may present materials, documents and testimony in support of the petitioner's request. The E911 program manager shall determine if the request meets the criteria established and shall issue a decision within 20 working days. The E911 program manager shall notify the petitioner, in writing, of the acceptance or rejection of the petition. If the petition is rejected, such notice shall include the reasons for denial.
605--10.7(34A) Enhanced wireless 911 service plan. Each joint E911 service board, the department of public safety, the E911 communications council, and wireless service providers shall cooperate with the E911 program manager in preparing an enhanced wireless 911 service plan for statewide implementation of enhanced wireless 911 phase I and phase II implementation. The enhanced wireless 911 service plan shall include, at a minimum, the following information:
1. Maps showing geographic area to be served by each PSAP receiving enhanced wireless 911 telephone calls.
2. A list of all public and private safety agencies within the enhanced wireless 911 service area.
3. The geographic location of each PSAP receiving enhanced wireless 911 calls and the name of the person responsible for the management of the PSAP.
4. A set of guidelines for determining eligible cost for wireless service providers, wire-line service providers, and public safety answering points.
5. A statement of estimated charges for the implementation and operation of enhanced wireless 911 phase I and phase II service, detailing the equipment operated or needed to operate enhanced wireless 911 service, including any technology upgrades necessary to provide service. Charges must be directly attributable to the implementation and operation of enhanced wireless 911 service. Charges shall be detailed showing item(s) or unit(s) of cost, or both, and include estimated charges from:

* Wireless service providers.

* Wire-line service providers for implementation and operation of enhanced wireless 911 service.

* Public safety answering points.
6. A schedule for the implementation of enhanced wireless 911 phase I and phase II service.
605--10.8(34A) E911 surcharge (wireless).
10.8(1) The E911 program manager shall adopt a monthly surcharge of up to 50 cents to be imposed on each wireless communications service number provided in this state. The amount of wireless surcharge to be collected may be adjusted once yearly, but in no case shall the surcharge exceed 50 cents per month, per customer service number.
10.8(2) The amount of wireless surcharge to be collected during a fiscal year shall be determined by the administrator's best estimation of enhanced wireless 911 costs for the ensuing fiscal year. The E911 program manager shall base the estimated cost on information provided by the E911 communications council, wireless service providers, vendors, public safety agencies, joint E911 service boards and any other appropriate parties or agencies involved in the provision or operation of enhanced wireless 911 service. The E911 communications council shall also provide a recommended monthly wireless surcharge for the ensuing fiscal year.
10.8(3) The E911 program manager shall order the imposition of surcharge uniformly on a statewide basis and simultaneously on all wireless communications service numbers by giving at least 100 days' prior notice to wireless carriers to impose a monthly surcharge as part of their periodic billings. The 100-day notice to wireless carriers shall also apply when making an adjustment in the wireless surcharge rate.
10.8(4) The wireless surcharge shall be 50 cents per month, per customer service number until changed by rule.
10.8(5) The wireless carrier shall list the surcharge as a separate line item on the customer's billing. If the wireless carrier receives a partial payment of a monthly bill, the payment shall first be applied to the amount owed the wireless carrier with the remainder being applied to the surcharge. The wireless carrier shall bill and collect for a full month's surcharge in cases of a partial month's service. The wireless carrier is entitled to retain 1 percent of any wireless surcharge collected as a fee for collecting the surcharge as part of the subscriber's periodic billing.
10.8(6) Remaining surcharge funds shall be remitted on a calendar-quarter basis within 20 days following the end of the quarter with a remittance form as prescribed by the E911 program manager. Providers shall issue their checks or warrants to the Treasurer, State of Iowa, and remit to the E911 Program Manager, Emergency Management Division, Hoover State Office Building, Des Moines, Iowa 50319.
605--10.9(34A) Wireless E911 emergency communications fund.
10.9(1) Wireless E911 surcharge money, collected and remitted by wireless service providers, shall be placed in a fund within the state treasury under the control of the administrator.
10.9(2) Iowa Code section 8.33 shall not apply to moneys in the fund. Moneys earned as income, including as interest, from the fund shall remain in the fund until expended as provided in this subrule. However, moneys in the fund may be combined with other moneys in the state treasury for purposes of investment.
10.9(3) Moneys in the fund shall be expended and distributed in the order and manner as follows:
a. An amount as appropriated by the general assembly to the emergency management division for implementation, support, and maintenance of the functions of the E911 program.
b. The administrator shall retain funds necessary to reimburse wireless service providers for their eligible costs to deliver E911 services. Those eligible costs include hardware and software necessary for receipt and delivery of the enhanced wireless call and as further defined in the enhanced wireless 911 service plan.
10.9(4) Payments to wireless service providers shall be made quarterly, based on original, itemized claims or invoices presented within 20 days of the end of the calendar quarter. Payments to wireless service providers shall be made in accordance with these rules and the State of Iowa Accounting Policies and Procedures.
10.9(5) Wireless service providers shall be reimbursed for only those items and services that are defined as eligible in the enhanced wireless 911 service plan and when initiation of service has been ordered and authorized by the E911 program manager.
10.9(6) If the total amount of moneys available in the fund for the reimbursement of wireless service providers is insufficient to reimburse all wireless service providers for their eligible expenses, the E911 program manager shall remit an amount to each wireless service provider equal to the percentage of the provider's eligible expenses as compared to the total of all eligible expenses for all wireless service providers for the calendar quarter during which such expenses were submitted. Any remaining unpaid balances shall be carried forward in the next quarter's billing cycle.
10.9(7) If moneys remain in the fund, they shall be distributed to the department of public safety and joint E911 service boards to be used for the implementation of enhanced wireless communications capabilities.
10.9(8) The department of public safety or a joint E911 service board, to receive funds from the E911 emergency communications fund, must submit a written request for such funds to the E911 program manager in a form as approved by the manager.
10.9(9) Requests shall be for funding under the approved statewide enhanced wireless 911 service plan for equipment which is directly related to the reception and disposition of incoming enhanced wireless 911 calls.
10.9(10) If insufficient funds are available to fund all requests, the E911 program manager shall fund requests in an order deemed appropriate by the manager, consistent with the statewide enhanced wireless 911 service plan, and after considering factors including, but not limited to, the documented volume of enhanced wireless 911 calls received by each PSAP, the population served by each PSAP, the number of wireless telephones in the PSAP jurisdiction, the public safety of the citizens of the state, and any other factor deemed appropriate by the E911 program manager, in consultation with the E911 communications council. Any remaning unpaid balances shall be carried forward in the next quarter's billing cycle.
605--10.10(34A) E911 surcharge exemptions. The following agencies, individuals, and organizations are exempt from imposition of the E911 surcharge:
1. Federal agencies and tax-exempt instrumentalities of the federal government.
2. Indian tribes for access lines on the tribe's reservation upon filing a statement with the joint E911 service board, signed by appropriate authority, requesting surcharge exemption.
3. An enrolled member of an Indian tribe for access lines on the reservation, who does not receive E911 service, and who annually files a signed statement with the joint E911 service board that the person is an enrolled member of an Indian tribe living on a reservation and does not receive E911 service. However, once E911 service is provided, the member is no longer exempt.
4. Official station testing lines owned by the provider.
5. Individual wire-line subscribers to the extent that they shall not be required to pay on a single periodic billing the surcharge on more than 100 access lines, or their equivalent, in an E911 service area.
All other subscribers not listed above, that have or will have the ability to access 911, are required to pay the surcharge, if imposed by the official order of the E911 program manager.
605--10.11(34A) E911 service fund.
10.11(1) The department of public safety and each joint E911 service board have the responsibility for the E911 service fund.
a. An E911 service fund shall be established in the office of the county treasurer for each joint E911 service board and with the state treasurer for the department of public safety.
b. Collected surcharge moneys and any interest thereon, as authorized in Iowa Code chapter 34A, shall be deposited into the E911 service fund. E911 surcharge moneys must be kept separate from all other sources of revenue utilized for E911 systems.
c. For joint E911 service boards, withdrawal of moneys from the E911 service fund shall be made on warrants drawn by the county auditor, per Iowa Code section 331.506, supported by claims and vouchers approved by the chairperson or cochairperson of the joint E911 service board or the appropriate operating authority so designated in writing.
d. For the department of public safety, withdrawal of moneys from the E911 service fund shall be made in accordance with state laws and administrative rules.
10.11(2) The E911 service funds shall be subject to examination by the division at any time during usual business hours. E911 service funds are subject to the audit provisions of Iowa Code chapter 11. A copy of all audits of the E911 service fund shall be furnished to the division within 30 days of receipt. If through the audit or monitoring process the division determines that a joint E911 service board or the department of public safety is not adhering to an approved plan or is not using funds in the manner prescribed in these rules or Iowa Code chapter 34A, the administrator may, after notice and hearing, suspend surcharge imposition and order termination of expenditures from the E911 service fund. The joint E911 service board or department of public safety is not eligible to receive or expend surcharge moneys until such time as the E911 program manager determines that the board or department is in compliance with the approved plan and fund usage limitations.
605--10.12(34A) Operating budgets.
10.12(1) Each joint E911 service board and the department of public safety shall provide a copy, to the E911 program manager, within 30 days of adoption, of the operating budget for the ensuing fiscal year for the fund as established under subrule 10.11(1).
10.12(2) The E911 program manager shall, upon review of the operating budget, make necessary adjustments to the surcharge as provided in Iowa Code chapter 34A.
605--10.13(34A) Limitations on use of funds. Surcharge money in the E911 service fund may be used to pay recurring and nonrecurring costs including, but not limited to, network equipment, software, database, addressing, initial training, and other start-up, capital, and ongoing expenditures. E911 surcharge moneys shall be used only to pay costs directly attributable to the provision of E911 telephone systems and services and may include costs for portable and vehicle radios, communication towers and associated equipment, and other radios and equipment permanently located in the public safety answering point.
605--10.14(34A) Minimum operational and technical standards.
10.14(1) Each E911 system, supplemented with E911 surcharge moneys, shall, at a minimum, employ the following features:
a. ALI (automatic location identification).
b. ANI (automatic number identification).
c. Ability to selectively route.
d. Each PSAP shall provide two emergency seven-digit numbers arranged in rollover configuration for use by telephone company operators for transferring a calling party to the PSAP.
e. ANI and ALI information shall be maintained and updated in such a manner as to allow for 95 percent or greater degree of accuracy.
10.14(2) E911 public safety answering points shall adhere to the following minimum standards:
a. The PSAP shall operate 7 days per week, 24 hours per day, with operators on duty at all times.
b. The primary published emergency number in the E911 service area shall be 911.
c. All PSAPs will maintain interagency communications capabilities for emergency coordination purposes, to include radio as well as land line direct or dial line.
d. Each PSAP shall develop and maintain a PSAP standard operating procedure for receiving and dispatching emergency calls.
e. The date and time of each 911 emergency call shall be documented using an automated call detail recording device or other communications center log. Such logs shall be maintained for a period of not less than one year.
f. If a call transfer method of handling 911 calls is employed, a 99 percent degree of reliability of transferred calls from a PSAP to responding agencies shall be maintained. All transferred calls shall employ, to the closest extent possible, conference transfer capabilities which provide that the call be announced and monitored by the PSAP operator to ensure that the call has been properly transferred.
g. PSAPs not employing the transfer method of handling 911 emergency calls shall use the call relay method. Information shall be exchanged between the PSAP receiving the call and an appropriate emergency response agency or dispatch center having jurisdiction in the area of the emergency. In no case during an emergency 911 call shall the caller be referred to another telephone number and required to hang up and redial. The call relay method shall also prevail in circumstances where emergency calls enter the 911 system (whether by design or by happenstance) from outside the E911 service area.
h. Access control and security of PSAPs and associated dispatch centers shall be designed to prevent disruption of operations and provide a safe and secure environment of communication operations.
i. PSAP supervision shall ensure that all telephone company employees, whose normal activities may involve contact with facilities associated with the 911 service, are familiar with safeguarding of facilities' procedures.
j. Emergency electrical power shall be provided for the PSAP environment that will ensure continuous operations and communications during a power outage. Such power should start automatically in the event of power failure and shall have the ability to be sustained for a minimum of 48 hours.
k. The PSAP shall make every attempt to disallow the intrusion by automatic dialers, alarm systems, or automatic dialing and announcing devices on a 911 trunk. If intrusion by one of these devices should occur, those responsible for PSAP operations shall make every attempt to contact the responsible party to ensure there is no such further occurrence.
l. Each PSAP shall be equipped with an appropriate telecommunications device for the deaf (TDD) in accordance with 28 CFR Part 35.162, July 26, 1991.
10.14(3) Service providers shall adhere to the following minimum requirements:
a. The PSAP shall be notified of service interruptions in accordance with the provisions of Iowa Administrative Code 199--paragraph 22.6(3)"c."
b. All service providers shall submit separate itemized bills to the E911 program manager, the department of public safety, a joint E911 service board or PSAP operating authority, as appropriate.
c. The service provider shall respond, within a reasonable length of time, to all appropriate requests for information from the administrator, the department of public safety, a joint E911 service board or operating authority and shall expressly comply with the provisions of Iowa Code section 34A.8.
10.14(4) Voluntary standards. Current technical and operations standards applying to E911 systems and services can be found in the "American Society for Testing and Materials Standard Guide for Planning and Developing 911 Enhanced Telephone Systems" and in publications issued by the National Emergency Number Association. Standards contained in these documents shall be considered as guidance, and adherence thereto shall be voluntary. Notwithstanding the minimum standards published in these rules, it is intended that E911 telephone service providers, joint E911 service boards and operating authorities employ the best and most affordable technologies and methods available in providing E911 services to the public.
605--10.15(34A) Administrative hearings and appeals.
10.15(1) E911 program manager decisions regarding the acceptance or refusal of an E911 service plan, in whole or in part, the implementation of E911 and the imposition of the E911 surcharge within a specific E911 service area may be contested by an affected party.
10.15(2) Request for a hearing shall be made in writing to the E911 program manager within 30 days of the E911 program manager's mailing or serving a decision and shall state the reason(s) for the request and shall be signed by the appropriate authority.
10.15(3) The E911 program manager shall schedule a hearing within ten working days of receipt of the request for hearing. The E911 program manager shall preside over the hearing at which time the appellant may present any evidence, documentation, or other information regarding the matter in dispute.
10.15(4) The E911 program manager shall issue a ruling regarding the matter within 20 working days of the hearing.
10.15(5) Any party adversely affected by the E911 program manager's ruling may file a written request for a rehearing within 20 days of issuance of the ruling. A rehearing will be conducted only when additional evidence is available, the evidence is material to the case, and good cause existed for the failure to present the evidence at the initial hearing. The E911 program manager will schedule a hearing within 20 days after the receipt of the written request. The E911 program manager shall issue a ruling regarding the matter within 20 working days of the hearing.
10.15(6) Any party adversely affected by the E911 program manager's ruling may file a written appeal to the administrator of the emergency management division. The appeal request shall contain information identifying the appealing party, the ruling being appealed, specific findings or conclusions to which exception is taken, the relief sought, and the grounds for relief. The administrator shall issue a ruling regarding the matter within 90 days of the hearing. The administrator's ruling constitutes final agency action for purposes of judicial review.
605--10.16(34A) Confidentiality. All financial or operations information provided by a wireless service provider to the E911 program manager shall be identified by the provider as confidential trade secrets under Iowa Code section 22.7(3) and shall be kept confidential as provided under Iowa Code section 22.7(3) and Iowa Administrative Code 605--Chapter 5. Such information shall include numbers of accounts, numbers of customers, revenues, expenses, and the amounts collected from said wireless service provider for deposit in the fund. Notwithstanding such requirements, aggregate amounts and information may be included in reports issued by the administrator if the aggregated information does not reveal any information attributable to an individual wireless service provider.
These rules are intended to implement Iowa Code chapter 34A.
[Filed 11/12/98, effective 1/6/99]
[Published 12/2/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 12/2/98.
ARC 8501A
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," Iowa Administrative Code.
This amendment clarifies that applicants must exhaust administrative remedies before the Board prior to moving into district court.
Notice of Intended Action was published in the Iowa Administrative Bulletin on June 17, 1998, as ARC 8094A. The amendment to subrule 1.4(5), paragraph "f," was previously Adopted and Filed (ARC 8306A, 9/9/98) and therefore has not been adopted herein. A nonsubstantive clarification has been made in the amendment to subrule 1.11(1).
This amendment is intended to implement Iowa Code section 542B.20.
This amendment will become effective on January 6, 1999.
The following amendment is adopted.
Amend subrule 1.11(1) as follows:
1.11(1) An applicant ~~denied licensure may~~ who is aggrieved by the denial of a license and desires to challenge the board's decision must 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.
[Filed 11/4/98, effective 1/6/99]
[Published 12/2/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 12/2/98.
ARC 8519A
HISTORICAL DIVISION[223]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 17A.3 and 303.1A, the Historical Division of the Department of Cultural Affairs hereby amends Chapter 49, "Historical Resource Development Program," Iowa Administrative Code.
These amendments will clarify existing rules governing the HRDP program, will streamline the review process, and will change the annual application deadline from May 1 to January 15.
Notice of Intended Action was published in the October 7, 1998, Iowa Administrative Bulletin as ARC 8390A. The adopted amendments are identical to those published under Notice.
These amendments will become effective on January 6, 1999.
These amendments are intended to implement Iowa Code sections 303.1A, 303.16, and 455A.15 to 455A.20.
The following amendments are adopted.
ITEM 1. Amend rule 223--49.1(303) as follows:
223--49.1(303) Purpose. The Iowa historical resource development program provides grants and loans to preserve, conserve, interpret, educate the public about and enhance the historical resources of the state.
ITEM 2. Amend rule 223--49.2(303) as follows:
Amend the following definitions:
"Documentary collections" means collections of current or historical materials that are or might become valuablein interpreting Iowa history including, but not limited to,government records, newspapers, photographic images,machine-readable data, manuscripts, and printed materials.
"Historical resource" means any site that is listed ~~or declared eligible by the state historic preservation officer for listing~~ by the state historic preservation officer on the National Register of Historic Places or personal property which has inherent historical value due to its association with the history of Iowa or the heritage of its people.
Adopt the following new definitions in alphabetical order:
"Education" means a project that has some component of training as an activity. Any training must include "how to" and "why" preserve historical resources as a component.
"In-kind match" means donated material, services, or labor which is used for the grant project.
ITEM 3. Amend subrule 49.3(1), paragraph "a," as follows:
a. Historic preservation. Project applications in this category may include, but are not limited to, acquisition, development or preservation of real property ~~eligible for, or~~ listed on, the National Register of Historic Places ~~until May 1, 1997. Effective May 1, 1998, real property in this category must be listed on the National Register of Historic Places~~. Projects in this category may also include acquisition, development, or preservation of archaeological property listed on or eligible for the National Register of Historic Places; survey of prehistoric and historic sites; nomination of properties to the National Register of Historic Places; interpretation, public education, staff training or consultation related to historic preservation; and the equipment and facilities necessary for any of the foregoing tasks.
ITEM 4. Amend subrule 49.3(2), paragraph "d," as follows:
d. Museum or documentary collections. All proposed projects in the museum or documentary collections categories which propose work on real property listed on ~~or determined eligible for~~ the National Register of Historic Places shall adhere to the recommended approaches in the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Revised 1990), published by the National Park Service. Project applications which propose work on real property which is 50 years old or older but is not yet listed on or determined eligible for the National Register of Historic Places are strongly encouraged to adhere to the Secretary of the Interior's Standards for Rehabilitation.
ITEM 5. Amend subrule 49.5(2), paragraph "d," as follows:
d. Letter from National Park Service, or the state historic preservation officer, approving Certified Local Government status, if appropriate;
ITEM 6. Amend subrule 49.5(3) as follows:
49.5(3) Annual deadlines.
~~a. If an applicant wishes to have an application critiqued for technical requirements and general eligibility, the draft application plus one copy must be postmarked by March 1.~~
b a. Applicants shall submit the original application and 11 six copies to the REAP/HRDP coordinator.
c b. Applications shall ~~be postmarked by~~ have a United States Postal Service postmark dated on or before January 15, or be delivered to the REAP/HRDP office during regular business hours no later than ~~May 1~~ January 15.
ITEM 7. Amend subrule 49.6(1), paragraphs "c" and "d," as follows:
c. The state historical society board of trustees shall review and make funding recommendations to the administrator of the society no later than ~~October~~ June 1 of each year.
d. The administrator shall award funding and provide notification to recipients no later than ~~October~~ June 15 of each year.
ITEM 8. Amend subrule 49.6(3), paragraph "e," as follows:
e. Limitations. Emergency funding shall be limited to no more than ~~$30,000~~ $15,000 per application and no more than ~~$30,000~~ $15,000 per applicant in a 12-month period. This limitation shall not affect funds acquired by other than state appropriations.
ITEM 9. Amend subrule 49.7(1), paragraph "b," as follows:
Amend subparagraph (7) as follows:
(7) All contracts shall be completed within 24 30 months from the date of the signature by the administrator of the society.
Adopt the following new subparagraph:
(18) The cost of hiring professional consultants to provide needed technical guidance during project implementation shall be included as a part of each grant application and contract.
ITEM 10. Rescind subrule 49.7(2), paragraph "f," and adopt the following new paragraph in lieu thereof:
f. All grantees shall submit documentation of theissuance of funding acknowledgements to local legislators and press releases to local media, describing projects orprograms funded with REAP/HRDP funds, specifically to include the following credit line: "This project was partially supported by a Resource Enhancement and Protection (REAP)/Historical Resource Development Program (HRDP) grant from the State Historical Society of Iowa." Permanent signage will be provided by the state to each grantee. All signs shall be displayed in a public area for a time period of no less than 36 months.
[Filed 11/12/98, effective 1/6/99]
[Published 12/2/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 12/2/98.
ARC 8511A
HUMAN SERVICES DEPARTMENT[441]
Adopted and Filed
Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services hereby amends Chapter 75, "Conditions of Eligibility," appearing in the Iowa Administrative Code.
The Council on Human Services adopted these amendments on November 10, 1998. Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on September 23, 1998, as ARC 8332A.
These amendments allow for the filing of an appeal to set aside additional resources for a community spouse either at the time the attribution is completed or at a later time if the household did not exercise their right to appeal; require Form 470-2577, Resources Upon Entering a Medical Facility, to be completed by all applicants who have a community spouse when the application is filed for Medicaid payment for nursing facility care if the application is processed through the X-PERT system; and eliminate obsolete transfer of resource policies at rules 441--75.6(249A) and 441-- 75.15(249A) and references to those rules.
When a married person files an application for Medicaid payment for nursing facility care, an attribution of resources is completed if the other spouse remains in the community. The attribution is completed for the month of entry into the institution. The attribution may also have been completed prior to the Medicaid application upon the request of either spouse. This attribution allows the community spouse to retain assets so that the community spouse is not impoverished by the institutionalization of the other spouse. Following the completion of the attribution, a Notice of Attribution is issued to each spouse. Current rules provide that the institutionalized spouse, the community spouse or someone representing the applicant may file an appeal of the Notice of Attribution to set aside additional resources for the community spouse when the community spouse's income is not equal to the minimum monthly maintenance needs allowance. These amendments clarify that if an attribution has not previously been appealed, either spouse may appeal the attribution upon the denial of an application for Medicaid benefits based on the attribution.
Currently, cases are processed either by the IABC system or the X-PERT system. For those cases where an application is filed for IABC processing and the application is filed in the month of entry to the institution, the application contains a section with a series of questions identifying the household's resources. If the application is filed in any month other than the month of entry, there is no place to record resource information regarding the month of entry. Form 470-2577 is used when the application is filed after the month of entry to identify the resources owned by the household during the month of entry. For those cases processed by the X-PERT system, the Part 1 application is used. This application does not contain a section with a series of questions identifying the household's resources. A tool is needed to record the resources owned by the couple for the workers to identify the resources and complete the attribution.
The transfer of assets policies changed with the enactment of the Medicare Catastrophic Coverage Act of 1988 and again with the enactment of the Omnibus Budget Reconciliation Act (OBRA) of 1993. When both these changes were made, prior policies were retained in rules because they continued to affect transfers made prior to the changes. Enough time has elapsed that transfers made prior to the effective date of the current policy no longer affect Medicaid eligibility for current applicants or recipients. As the prior policies no longer affect Medicaid applicants or recipients, they are being removed from the rules.
Policies which were included in the rules being removed regarding the statewide average cost and undue hardship which also apply to current policy are moved to the current policy.
These amendments are identical to those published under Notice of Intended Action.
These amendments are intended to implement Iowa Code section 249A.4.
These amendments shall become effective February 1, 1999.
The following amendments are adopted.
ITEM 1. Amend subrule 75.1(35), paragraph "c," subparagraph (2), as follows:
(2) Disposal of resources for less than fair market value by SSI-related applicants or recipients shall be treated according to policies specified in rule ~~441--75.6(249A)~~ 441-- 75.23(249A).
ITEM 2. Amend subrule 75.5(3), paragraphs "a" and "e," as follows:
a. When ~~initiated~~ determined. The department shall ~~initiate~~ determine the attribution of resources ~~when~~ between spouses at the earlier of the following:
(1) ~~Either~~ When either spouse requests that the department determine the attribution of resources at the beginning of the person's continuous stay in a medical facility prior to an application for Medicaid benefits. This request must be accompanied by Form 470-2577, Resources Upon Entering a Medical Facility, and necessary documentation.
(2) ~~The~~ When the institutionalized spouse or someone acting on that person's behalf applies for Medicaid benefits. If the application is not made in the month of entry, or if the application is processed through the X-PERT system, the applicant shall also complete Form 470-2577 and provide necessary documentation.
e. Notice and appeal rights. The department shall provide each spouse a notice of the attribution results. The notice shall state that either spouse has a right to appeal the attribution if the spouse believes:
(1) That the attribution is incorrect., or
(2) That the amount of income generated by the resources attributed to the community spouse is inadequate to raise the community spouse's income to the minimum monthly maintenance allowance.
If an attribution has not previously been appealed, either spouse may appeal the attribution upon the denial of an application for Medicaid benefits based on the attribution.
ITEM 3. Rescind and reserve rule 441--75.6(249A).
ITEM 4. Rescind and reserve rule 441--75.15(249A).
ITEM 5. Amend rule 441--75.23(249A) as follows:
Amend subrule 75.23(3) as follows:
75.23(3) Period of ineligibility. The number of months of ineligibility shall be equal to the total cumulative uncompensated value of all assets transferred by the individual (or the individual's spouse) on or after the look-back date specified in 75.23(2), divided by the statewide average private pay rate for nursing facility services at the time of application. ~~The statewide average private pay rate for nursing facility services is set forth at 75.15(2)"b."~~ The average statewide cost to a private pay resident shall be determined by the department and updated annually for nursing facilities. For the period from July 1, 1998, through June 30, 1999, this average statewide cost shall be $2,567.77 per month or $84.42 per day.
Amend subrule 75.23(5), paragraph "d," as follows:
d. The denial of eligibility would work an undue hardship ~~as set forth in 75.15(3)~~. Undue hardship shall exist only where both of the following conditions are met:
(1) The person who transferred the resource or the person's spouse has exhausted all means including legal remedies and consultation with an attorney to recover the resource.
(2) The person's remaining available resources (after the attribution for the community spouse) are less than the monthly statewide average cost of nursing facility services to a private pay resident. The value of all resources is counted except for:
1. The home if occupied by a dependent relative or if a doctor verifies that the person is expected to return home.
2. Household goods.
3. A vehicle required by the client for transportation.
4. Funds for burial of $4,000 or less.
Hardship will not be found if the resource was transferred to a person who was handling the financial affairs of the client or to the spouse or children of a person handling the financial affairs of the client unless the client demonstrates that payments cannot be obtained from the funds of the person who handled the financial affairs to pay for nursing facility services.
ITEM 6. Amend rule 441--75.25(249A), definitions of "Community spouse," "Institutionalized person," "Institutionalized spouse," "Nursing facility services," and "Transfer of resources," as follows:
"Community spouse" shall mean a spouse of an institutionalized spouse for the purposes of rules 441-- 75.5(249A), ~~441--75.15(249A),~~ 441--75.16(249A), and 441-- 76.10(249A).
"Institutionalized person" shall mean a person who is an inpatient in a nursing facility or a Medicare-certified skilled nursing facility, who is an inpatient in a medical institution and for whom payment is made based on a level of care provided in a nursing facility, or who is a person described in 75.1(18) for the purposes of ~~rules~~ rule 441--75.5(249A) ~~and 441--75.15(249A)~~.
"Institutionalized spouse" shall mean a married person living in a medical institution, or nursing facility, or home- and community-based waiver setting who is likely to remain living in these circumstances for at least 30 consecutive days, and whose spouse is not in a medical institution or nursing facility for the purposes of rules 441--75.5(249A), ~~441--75.15(249A),~~ 441--75.16(249A), and 441-- 76.10(249A).
"Nursing facility services" shall mean the level of care provided in a medical institution licensed for nursing services or skilled nursing services for the purposes of rule ~~441--75.15(249A)~~ 441--75.23(249A).
"Transfer of ~~resources~~ assets" shall mean transfer of resources or income for less than fair market value for the purposes of rule ~~441--75.15(249A)~~ 441--75.23(249A). For example, a transfer of resources or income could include establishing a trust, contributing to a charity, removing a name from a resource or income, or reducing ownership interest in a resource or income.
[Filed 11/10/98, effective 2/1/99]
[Published 12/2/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 12/2/98.
ARC 8510A
HUMAN SERVICES DEPARTMENT[441]
Adopted and Filed
Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services hereby amends Chapter 79, "Other Policies Relating to Providers of Medical and Remedial Care," appearing in the Iowa Administrative Code.
The Council on Human Services adopted this amendment November 10, 1998. Notice of Intended Action regarding this amendment was published in the Iowa Administrative Bulletin on September 23, 1998, as ARC 8334A.
This amendment revises the pharmacy reimbursement methodology. The pharmacy point-of-sale system has the capacity to collect the pharmacist's usual and customary charge for a prescription in addition to a submitted charge which appears in a different field. Current reimbursement is calculated using the submitted charge. This amendment changes the calculation methodology to allow reimbursement to be calculated using the pharmacist's usual and customary charge which will be compared to the Medicaid maximum allowable reimbursement and the lesser of the two amounts will be paid.
This amendment is identical to that published under Notice of Intended Action.
This amendment is intended to implement Iowa Code section 249A.4.
This amendment shall become effective February 1, 1999.
The following amendment is adopted.
Amend subrule 79.1(8), paragraph "a," as follows:
a. "Estimated acquisition cost (EAC)" is defined as the average wholesale price as published by First Data Bank less 10 percent.
"Maximum allowable cost (MAC)" is defined as the upper limit for multiple source drugs established in accordance with the methodology of the Health Care Financing Administration (HCFA) as described in 42 CFR 447.332(a)(i) and (ii).
The basis of payment for prescribed drugs for which the MAC has been established ~~and for Schedule II controlled drugs~~ shall be the lesser of ~~the submitted acquisition cost or~~ the MAC plus a professional dispensing fee ~~which is the lower of the pharmacist's customary fee to the general public, the 75th percentile of customary fees charged in the state of Iowa, or a fee~~ of $4.02 or the pharmacist's usual and customary charge to the general public.
The basis of payment for drugs ~~other than Schedule II controlled drugs~~ for which the MAC has not been established shall be the lesser of the ~~submitted acquisition cost or the~~ EAC plus a professional dispensing fee ~~which is the lower of the pharmacist's customary fee to the general public, the 75th percentile of fees charged in the state of Iowa or a fee~~ of $6.25 or the pharmacist's usual and customary charge to the general public.
If a physician certifies in the physician's handwriting that, in the physician's medical judgment, a specific brand is medically necessary for a particular recipient, the MAC does not apply and the payment equals the average wholesale price of the brand name product less 10 percent. If a physician does not so certify, and a lower cost equivalent product is not substituted by the pharmacist, the payment for the product equals the established MAC.
Equivalent products shall be defined as those products which meet therapeutic equivalent standards as published in the federal Food and Drug Administration document, "Approved Prescription Drug Products With Therapeutic Equivalence Evaluations."
[Filed 11/10/98, effective 2/1/99]
[Published 12/2/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 12/2/98.
ARC 8509A
HUMAN SERVICES DEPARTMENT[441]
Adopted and Filed
Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services hereby amends Chapter 81, "Nursing Facilities," appearing in the Iowa Administrative Code.
The Council on Human Services adopted these amendments November 10, 1998. Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on August 26, 1998, as ARC 8251A.
These amendments make the following changes to policy governing Medicaid payment to nursing facilities:

* The time limit that nursing facilities have for requesting a rate adjustment is decreased from two years to 18 months.

* Certain responsibilities relating to provider enrollment and cost report processing are shifted from the Division of Medical Services to the fiscal agent and accounting firm, respectively.

* The role of the Iowa Foundation for Medical Care in making medical necessity determinations and the reconsideration process of the Iowa Foundation for Medical Care are clarified.

* The length of time facilities must retain records in the facility is increased from three to five years.

* Minor miscellaneous changes resulting from changes in other rules are included and form names and numbers are updated.
Moving facility billing from the Department to Consultec, the fiscal agent, has necessitated modifications in forms and procedures. The most notable changes involve the time frames for making adjustments to facility payments. Because Consultec carries eligibility and payment histories for two years, adjustments must be made within that window to prevent the need for additional work by facilities and by income maintenance staff in the counties. The fiscal agent is also assuming responsibility for facility enrollment which is consistent with its other enrollment functions.
Because financial and statistical reports are routed to the accounting firm for rate calculations, it will streamline the process to have facilities send reports directly to the accounting firm.
The retention of records needs to be consistent with other medical institutions.
The following revisions were made to the Notice of Intended Action:
In response to comments from Legal Services, rule 441-- 81.7(249A), not previously noticed, has been amended and subrule 81.3(1) has been revised to clarify the reconsideration process by the Iowa Foundation for Medical Care.
These amendments are intended to implement Iowa Code section 249A.4.
These amendments shall become effective February 1, 1999.
The following amendments are adopted.
ITEM 1. Amend rule 441--81.1(249A) as follows:
Amend the definition of "Discharged resident" as follows:
"Discharged resident" means a resident whose accounts and records have been closed out and whose personal effects have been taken from the facility. When a resident is discharged, the facility shall notify the department via Form ~~AA-4166-0~~ 470-0042, Case Activity Report.
Adopt the following new definitions in alphabetical order:
"Department's accounting firm" means the firm on contract with the department to calculate nursing facility rates and provide other accounting services as requested. The current accounting firm is Ryun, Givens, Wenthe & Company, 1601 48th Street, Suite 150, West Des Moines, Iowa 50266-6756.
"Department's fiscal agent" means the firm on contract with the department to enroll providers, process Medicaid claims, calculate skilled nursing facility rates, and perform other related functions. The current fiscal agent is Consultec, 7755 Office Park Drive, West Des Moines, Iowa 50266.
"Iowa Foundation for Medical Care (IFMC)" is the peer review organization on contract with the department to provide level of care determinations. The address of IFMC is 6000 Westown Parkway, West Des Moines, Iowa 50266.
ITEM 2. Amend rule 441--81.3(249A) as follows:
Amend subrule 81.3(1) as follows:
81.3(1) ~~Certification of need~~ Need for nursing facility care. Residents of nursing facilities ~~shall be certified as needing~~ must be in need of either nursing facility care or skilled nursing care. Payment will be made for nursing facility care residents only upon certification of the need for the level of care by a licensed physician of medicine or osteopathy and approval of the level of care by the ~~Iowa Foundation for Medical Care~~ department. Initial decisions on level of care shall be made for the department by the Iowa Foundation for Medical Care (IFMC) within two working days of receipt of medical information. After notice of an adverse decision by IFMC, the Medicaid applicant or recipient, the applicant's or recipient's representative, the attending physician, or the nursing facility may request reconsideration by IFMC by sending a letter requesting a review to IFMC not more than 60 days after the date of the notice of adverse decision. On initial and reconsideration decisions, IFMC determines whether the level of care provided or to be provided should be approved based on medical necessity and the appropriateness of the level of care under 441--subrules 79.9(1) and 79.9(2). Adverse decisions by IFMC on reconsiderations may be appealed to the department pursuant to 441--Chapter 7.
a. If a timely request for reconsideration of an initial denial determination is made, IFMC will complete its reconsidered determination and send written notice including appeal rights to the Medicaid applicant or recipient, the applicant's or recipient's representative, the attending physician or the facility provider within the following time limits:
(1) Within three working days after IFMC receives the request for reconsideration and a copy of the medical record, if the initial determination was made before the Medicaid applicant or recipient was admitted to the nursing facility.
(2) Within ten working days after IFMC receives the request for reconsideration and a copy of the medical record, if the Medicaid applicant or recipient was admitted to the nursing facility when the initial determination was made and is still in the nursing facility when the request for reconsideration is received.
(3) Within 30 working days after IFMC receives the request for reconsideration and a copy of the medical record, if the Medicaid applicant or recipient was admitted to the nursing facility when the initial determination was made but is no longer in the nursing facility when the request for reconsideration is received.
b. If a copy of the medical record is not submitted with the reconsideration request, IFMC shall request a copy from the facility within two working days.
c. Written notice of the IFMC reconsidered determination shall contain the following:
(1) The basis for the reconsidered determination.
(2) A detailed rationale for the reconsidered determination.
(3) A statement explaining the Medicaid payment consequences of the reconsidered determination.
(4) A statement informing the parties of their appeal rights, including the information that must be included in the request for an administrative hearing, the locations for submitting a request for an administrative hearing, and the time period for filing a request.
d. If the request for reconsideration is mailed or delivered to IFMC within ten days of the date of the initial determination, any medical assistance payments previously approved will not be terminated until the decision on reconsideration. If the initial decision is upheld on reconsideration, medical assistance benefits continued pursuant to this subrule will be treated as an overpayment to be repaid to the department.
Amend subrule 81.3(2), paragraph "a," subparagraph (4), introductory paragraph, as follows:
(4) Payments may be allowed with advance approval for a facility to reserve a bed for a resident while the resident is absent overnight for home visits or for participation in special social or rehabilitation programs. Approval shall be received prior to the absence and shall be requested by sending a letter to the ~~division of medical services~~ Iowa Foundation for Medical Care giving the purpose for the absence and stating that the following conditions are met:
Amend subrule 81.3(3) by striking the last paragraph as follows:
Adverse decisions made by the Iowa Foundation for Medical Care (IFMC) in administering either level 2 or level 3 of the screening process shall be appealed first to IFMC for reconsideration. An adverse reconsideration decision by IFMC shall then be appealed to the department pursuant to 441--Chapter 7.
ITEM 3. Amend subrule 81.5(2) as follows:
81.5(2) Case activity report. A Case Activity Report, Form ~~AA-4166-0~~ 470-0042, shall be submitted to the department whenever a Medicaid applicant or recipient enters the facility, changes level of care, or is discharged from the facility.
ITEM 4. Amend rule 441--81.6(249A) as follows:
Amend the introductory paragraph as follows:
441--81.6(249A) Financial and statistical report. All facilities in Iowa wishing to participate in the program shall submit a Financial and Statistical Report, Form ~~AA-4036-0~~ 470-0030, to the ~~department~~ department's accounting firm. Costs for patient care services shall be reported, divided into the subcategories of "Direct Patient Care Costs" and "Support Care Costs." Costs associated with food and dietary wages shall be included in the "Support Care Costs" subcategory. An electronically submitted cost report shall be accepted if the format is approved by the accounting firm under contract with the department to audit nursing facility cost reports. These reports shall be based on the following rules.
Amend subrules 81.6(3), 81.6(4), 81.6(13), and 81.6(15) as follows:
81.6(3) Submission of reports. The report shall be submitted to the ~~department~~ department's accounting firm no later than three months after the close of each six months' period of the facility's established fiscal year. Failure to submit a report that meets the requirements of this rule within this time shall reduce payment to 75 percent of the current rate. The reduced rate shall be paid for no longer than three months, after which time no further payments will be made.
A facility may change its fiscal year one time in any two-year period. If the facility changes its fiscal year, the facility shall notify the ~~department~~ department's accounting firm 60 days prior to the first date of the change.
81.6(4) Payment at new rate. When a new rate is established, payment at the new rate shall be effective with services rendered as of the first day of the month in which the report is postmarked, or if the report was personally delivered, the first day of the month in which the report was received by the ~~department~~ department's accounting firm. Adjustments shall be included in the payment the third month after the receipt of the report.
81.6(13) Facility-requested rate adjustment. A facility may ~~not~~ request a rate adjustment for a period of time no more than ~~two years from the date of the request~~ 18 months prior to the facility's rate effective date. The request for adjustment shall be made to the department's accounting firm.
81.6(15) Payment to new owner. An existing facility with a new owner shall continue with the previous owner's per diem rate until a new financial and statistical report has been submitted and a new rate established, not to exceed private pay charges. The facility may submit a report for the period from beginning of actual operation to the end of the fiscal year or may submit two cost reports within the fiscal year provided the second report covers a period of six months ending on the last day of the fiscal year. The facility shall notify the ~~department~~ department's accounting firm of the date its fiscal year will end and of the reporting option selected.
Amend subrule 81.6(16), paragraphs "b" and "g," as follows:
b. An incentive factor shall be determined at the beginning of the state's fiscal year based upon the ~~June 30, 1986,~~ latest June 30 report of "unaudited compilation of various costs and statistical data." The incentive factor shall be equal to one-half the difference between the forty-sixth percentile of allowable costs and the seventy-fourth percentile of allowable costs. Notwithstanding the foregoing, under no circumstances shall the incentive factor be less than $1 per patient day or more than $1.75 per patient day.
g. Facilities, both hospital-based distinct units and freestanding, which have beds certified as Medicare-skilled beds may participate in both the skilled care program and the nursing facility program. These facilities shall not need to submit Form ~~AA-4036-0~~ 470-0030. The facility's costs shall not be used to calculate the maximum nursing facility rate. The nursing facility rate for these facilities shall be the maximum as established in subrule 81.6(16) or their skilled care rate, whichever is lower.
Rescind and reserve subrule 81.6(17).
Amend the implementation sentence to read as follows:
This rule is intended to implement Iowa Code sections 249A.2(6), 249A.3(2)"a," 249A.4, and 249A.16 ~~and 1990 Iowa Acts, Senate File 2435, section 31, subsection 1~~.
ITEM 5. Amend rule 441--81.7(249A) as follows:
441--81.7(249A) Continued review. The Iowa Foundation for Medical Care shall ~~be responsible for reviews for~~ review Medicaid recipients' need of continued care in nursing facilities, pursuant to the standards and subject to the reconsideration and appeals processes in subrule 81.3(1).
This rule is intended to implement Iowa Code sections 249A.2(6) and 249A.3(2)"a."
ITEM 6. Amend subrule 81.9(2) as follows:
81.9(2) Retention. Records identified in subrule 81.9(1) shall be retained in the facility for a minimum of ~~three~~ five years or until an audit is performed on those records, whichever is longer.
ITEM 7. Amend rule 441--81.10(249A) as follows:
Amend subrule 81.10(5), paragraph "e," subparagraph (1), as follows:
(1) The resident, the resident's family, or friends may pay to hold the resident's bed in cases where a resident spends over 18 days on yearly visitation (or longer under 81.10(4)"d") or spends over 10 days per calendar month on a hospital stay. When the resident is not discharged from the facility, these payments shall not exceed 75 percent of the allowable audited costs for the facility, not to exceed the maximum reimbursement rate. When the resident is discharged, the facility may handle the holding of the reserve bed in the same manner as a private paying resident.
Amend subrule 81.10(7), paragraph "a," as follows:
a. The nursing facility shall recompute the average per diem rate on a facilitywide, private pay basis twice yearly. This computation shall coincide with the preparation of the ~~financial and statistical report for nursing homes~~ Financial and Statistical Report, Form ~~AA-4036-0~~ 470-0030, which is submitted to the ~~department~~ department's accounting firm.
ITEM 8. Amend subrule 81.11(1) as follows:
81.11(1) Claims. Claims for service must be sent to the fiscal agent after the month of service and within 365 days of the date of service. Claims may be submitted electronically on software provided by the fiscal agent or in writing on Form ~~AA-4163-0~~ 470-0039.
a. When payment is made, the facility will receive a copy of Form ~~AA-4163-0, Payment Register~~ 470-0039, Iowa Medicaid Long Term Care Claim. ~~The right-hand copy of the original shall be returned to the department as a claim for the next month.~~ The white copy of the form shall be signed and returned to the fiscal agent as a claim for the next month. If the claim is submitted electronically, the facility will receive a remittance ~~statement~~ advice of the claims paid.
b. When there has been a new admission, or a discharge, ~~a correction, or a claim for a reserved bed,~~ the facility shall submit Form ~~AA-4164-0, Change Notice, with Form AA-4163-0~~ 470-0039 with the changes noted. When a change is necessary to adjust a previously paid claim, the facility shall submit Form 470-0040, Credit/Adjustment Request. Adjustments to electronically submitted claims may be made electronically as provided for by the fiscal agent. A request for an adjustment to a paid claim must be received by the department's fiscal agent within one year from the date the claim was paid in accordance with rule 441-- 80.4(249A).
ITEM 9. Amend subrule 81.13(1), paragraphs "a" to "f," as follows:
a. The facility shall obtain the applicable license from the department of inspections and appeals and must be recommended for certification by the department of inspections and appeals.
b. The facility shall request an application, Form ~~470-0254~~ 470-2967, Institutional Medicaid Provider ~~Application~~ Enrollment, from the ~~department~~ department's fiscal agent.
c. The ~~department~~ department's fiscal agent shall transmit an application form and ~~copies of standards~~ a copy of the nursing facility provider manual to the facility.
d. The facility shall complete its portion of the application form and submit it to the ~~department~~ department's fiscal agent.
e. The ~~department~~ department's fiscal agent shall review the application form and ~~forward it to~~ verify with the department of inspections and appeals that the facility is licensed and has been recommended for certification.
f. Prior to requesting enrollment, the facility shall contact the department of inspections and appeals to schedule a survey. The department of inspections and appeals shall schedule and complete a survey of the facility.
ITEM 10. Amend subrule 81.14(1) as follows:
81.14(1) Audit of financial and statistical report. Authorized representatives of the department or the Department of Health and Human Services shall have the right, upon proper identification, to audit, using generally accepted auditing procedures, the general financial records of a facility to determine if expenses reported on the Financial and Statistical Report ~~for Nursing Homes~~, Form ~~AA-4036-0~~ 470-0030, are reasonable and proper according to the rules set forth in 441--81.6(249A). The aforementioned audits may be done either on the basis of an on-site visit to the facility, their central accounting office, or office(s) of their agent(s).
a. When a proper per diem rate cannot be determined, through generally accepted and customary auditing procedures, the auditor shall examine and adjust the report to arrive at what appears to be an acceptable rate and shall recommend to the department that the indicated per diem should be reduced to 75 percent of the established payment rate for the ensuing six-month period and if the situation is not remedied on the subsequent Financial and Statistical Report ~~for Nursing Facilities~~, Form ~~AA-4036-0~~ 470-0030, the health facility shall be suspended and eventually canceled from the nursing facility program, or
b. When a health facility continues to include as an item of cost an item or items which had in a prior audit been removed by an adjustment in the total audited costs, the auditor shall recommend to the department that the per diem be reduced to 75 percent of the current payment rate for the ensuing six-month period. The department may, after considering the seriousness of the exception, make the reduction.
[Filed 11/10/98, effective 2/1/99]
[Published 12/2/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 12/2/98.
ARC 8516A
INSPECTIONS AND APPEALS DEPARTMENT[481]
Adopted and Filed
Pursuant to the authority of Iowa Code section 135B.7, the Department of Inspections and Appeals hereby amends Chapter 51, "Hospitals," Iowa Administrative Code.
These amendments add a category of specialty hospitals entitled Critical Access Hospitals. This new category of hospitals was created by the Balanced Budget Act of 1997, Section 4201, entitled Medicare Rural Hospital Flexibility Program.
Notice of Intended Action was published in the Iowa Administrative Bulletin on September 23, 1998, as ARC 8340A. One comment letter was received from the Iowa Nurses' Association which expressed support of the new rule and requested clarification on language that the Iowa Nurses' Association felt could be interpreted to mean that at times only a licensed practical nurse would be available in the acute care hospital. Since subrule 51.52(6) requires the critical access hospital to comply with all general hospital license requirements, the hospital will be required to have at least one registered nurse on duty at all times. The adopted amendments are identical to those published under Notice.
The Hospital Licensing Board approved the adoption of these amendments on October 28, 1998. The Board of Health approved the adoption of the amendments on November 4, 1998.
The amendments will become effective January 6, 1999.
These amendments are intended to implement Iowa Code chapter 135B.
The following amendments are adopted.
ITEM 1. Amend subrule 51.2(7) as follows:
51.2(7) Hospitals not accredited by the JCAHO or the AOA shall be inspected by the department utilizing the current Medicare ~~standards~~ conditions of participation found in Title XVIII of the federal Social Security Act and 42 CFR Part 482, Subparts A, B, C, D, and E ~~as of October 1, 1986~~, or 42 CFR Part 485, Subpart F as of October 1, 1997. The department may promulgate additional standards. Where practical, surveys for state licensure purposes shall be performed concurrently with Medicare certification.
ITEM 2. Amend 481--Chapter 51 by adding the following new rule:
481--51.52(135B) Critical access hospitals. Critical access hospitals shall meet the following criteria:
51.52(1) The hospital shall be no less than 35 miles from another hospital or no less than 15 miles over secondary roads or shall be designated by the department of public health as a necessary provider of health care.
51.52(2) The hospital shall be a public or nonprofit hospital and shall be located in a county in a rural area.
51.52(3) The hospital shall provide 24-hour emergency care services as described in 481 IAC 51.30(135B).
51.52(4) The hospital shall maintain no more than 15 acute care inpatient beds or, in the case of a hospital having a swing-bed agreement, no more than 25 inpatient beds; and the number of beds used for acute inpatient services shall not exceed 15 beds.
51.52(5) The hospital shall meet the Medicare conditions of participation as a critical access hospital as described in 42 CFR Part 485, Subpart F as of October 1, 1997.
51.52(6) The hospital shall continue to comply with all general hospital license requirements as defined in 481 IAC 51.
[Filed 11/12/98, effective 1/6/99]
[Published 12/2/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 12/2/98.
ARC 8536A
LABOR SERVICES DIVISION[875]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 17A.3, 22.11 and 91.6 and 1998 Iowa Acts, chapter 1105, the Labor Commissioner hereby amends and transfers 347--Chapter 1 to 875--Chapter 1 and amends Chapter 2, "IOSH Enforcement, IOSH Research and Statistics, IOSH Consultation and Education," Iowa Administrative Code.
These amendments move rules in 347--Chapter 1 under Employment Services Department to 875--Chapter 1 under Workforce Development Department and make changes in Chapter 2. These amendments make minor changes to indicate new responsibilities assigned to the Division of Labor Services. These amendments strike rules relating to public examination of records and adopt new rules to clarify procedures and policies.
Notice of Intended Action was published in the Iowa Administrative Bulletin on September 23, 1998, as ARC 8355A. A public hearing was scheduled for October 15, 1998. No written or oral comments were received. The adopted amendments are identical to those published under Notice of Intended Action.
The Labor Commissioner adopted these amendments on November 13, 1998.
These amendments will become effective on January 6, 1999.
These amendments are intended to implement Iowa Code sections 17A.3, 22.11 and 91.6 and 1998 Iowa Acts, chapter 1105.
The following amendments are adopted.
ITEM 1. Transfer 347--Chapter 1 to 875-Chapter 1 and amend rules 875-1.1(91) to 875-1.3(91) as follows:
875--1.1(91) Definitions. The definitions of terms in Iowa Code section 17A.2 shall apply to these terms as they are used throughout this chapter. In addition, as used in this chapter:
"Commissioner" means the labor commissioner of the division of labor services or designee.
"Division" means the division of labor services of the department of ~~employment services~~ workforce development.
875--1.2(91) Scope and application. This chapter describes the organization of the ~~bureau~~ division, the laws it enforces, and the methods by which and location where the public may obtain information or make submissions or requests.
875--1.3(91) Department of ~~employment services~~ workforce development, division of labor services. The division is the office of the commissioner and consists of the commissioner and those employees who discharge the duties and responsibilities imposed upon the commissioner by the laws of this state. The commissioner has control, supervision and authority to enforce the following chapters and sections of the Iowa Code: section 30.7, Iowa Emergency Response Commission, Duties to be Allocated to Department of ~~Employment Services~~ Workforce Development; section 85.68, Workers' Compensation Division, Actions - Collection of Payments - Subrogation; chapter 88, Occupational Safety and Health; chapter 88A, Safety Inspection of Amusement Rides; chapter 88B, Removal and Encapsulation of Asbestos; chapter 89, Boilers and Unfired Steam Pressure Vessels; chapter 89A, State Elevator Code; chapter 89B, Hazardous Chemicals Risks--Right to Know; chapter 90A, Boxing and Wrestling; chapter 91, Division of Labor Services; chapter 91A, Wage Payment Collection; chapter 91C, Registration of Construction Contractors; ~~Iowa Code Supplement~~ chapter 91D, Minimum Wage ~~Law~~; chapter 91E, ~~1990 Iowa Acts, chapter 1134, Employer Requirements Relating to~~ Non-English Speaking Employees; chapter 92, Child Labor; chapter 94, State Free Employment Service and Employment Agencies; and chapter 95, License for Employment Agencies~~; and section 327F.37, Sanitation and Shelter~~. The division consists of four bureaus: Occupational Safety and Health Enforcement Bureau (enforces occupational safety and health rules in workplaces through inspections based on accidents, complaints, and programmed inspections); Occupational Safety and Health Consultation and Education Bureau (conducts occupational safety and health inspections at the request of an employer and conducts educational programming); Inspections and Reporting Bureau (conducts amusement ride, elevator and boiler inspections and maintains statistical information on the worker's illnesses and injuries and the division's inspection activities); and Employee Protection Bureau (responsible for child labor, wage payment and collection, minimum wage, employment agency licensing, workplace standards, asbestos removal and encapsulation contractor permits and licensing of professions engaged in removal and encapsulation, community and emergency response right to know, EPCRA, out-of-state construction contractor bonding, ~~and~~ construction contractor registration, non-English speaking employee's rights, and death assessment collection). The licensing and supervision of professional boxing and wrestling is are the responsibility of the commissioner. Information may be obtained and submissions or requests may be made by contacting the Department of ~~Employment Services~~ Workforce Development, Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319. The telephone number is (515)281-3606. All correspondence and payment of fees and costs relating to the division shall be submitted directly to the division.
ITEM 2. Rescind and reserve rule 875--1.4(17A).
ITEM 3. Adopt the following new division:
DIVISION II
PETITIONS FOR RULE MAKING
ITEM 4. Renumber subrules 1.21(1) to 1.21(4) as rules 875--1.5(17A) to 875--1.8(17A), respectively. Amend rule 875--1.5(17A), numbered paragraph "6," to read as follows:
6. Any request by petitioner for a meeting provided for by ~~1.21(4)~~ 875--1.8(17A).
ITEM 5. Reserve rules 875--1.9 and 875--1.10.
ITEM 6. Adopt the following new division:
DIVISION III
OPEN RECORDS AND FAIR INFORMATION PRACTICES
ITEM 7. Adopt new rules 875--1.11(22,91) to 875-- 1.23(22,91) as follows:
875--1.11(22,91) General provisions.
1.11(1) Statement of policy. These rules are intended to implement Iowa Code chapter 22. Division staff shall cooperate with members of the public and other agencies in implementing the provisions of these rules.
1.11(2) Scope of rules. Rules 875-1.11(22,91) to 875-- 1.23(22,91) do not:
a. Require the division to index or retrieve records which contain information about an individual by that person's name or other personal identifier.
b. Make available to the general public a record which would otherwise not be available to the general public under Iowa Code chapter 22.
c. Govern a record in the possession of the division which is governed by the rules of another agency.
d. Apply to grantees, including local governments or subdivisions thereof, administering state-funded programs, unless otherwise provided by law or agreement.
e. Make available records compiled by the division in reasonable anticipation of court litigation or formal administrative proceedings. The availability of these records to the general public or to any subject individual or party to the litigation or proceeding shall be governed by applicable legal and constitutional principles, statutes, rules of discovery, evidentiary privileges, and applicable rules of the division.
f. Apply to records which are not yet in existence.
g. Require the division to create, compile, or procure a record solely for the purpose of making it available.
h. Limit distribution of materials created or obtained by the division for the purpose of public distribution such as publications and lending materials.
1.11(3) Warranty. No warranty of the accuracy or completeness of any record is made.
1.11(4) Definitions.
"Agency" means any executive branch federal, state, or local governmental unit including, but not limited to, boards, commissions, departments and offices. Private employment agencies are not included.
"Confidential record" means a record which is not available as a matter of right for examination and copying by members of the public under applicable provisions of law. Confidential records include records or information contained in records that the division is prohibited by law from making available for examination by members of the public. Also included are records or information contained in rec-ords that are specified as confidential by Iowa Code section 22.7 or other provision of law, but that may be disclosed upon order of a court, by the lawful custodian, or by another person duly authorized to release the record. Inclusion in a record of information declared confidential by an applicable provision of law does not necessarily make that entire record a confidential record.
"Custodian" means the division or a person lawfully delegated authority to act for the division in implementing Iowa Code chapter 22.
"Division" means the division of labor services.
"Open record" means a record other than a confidentialrecord.
"Personally identifiable information" means information about or pertaining to an individual in a record which identifies the individual and which is contained in a record system.
"Record" means the whole or a part of a division "public record" as defined in Iowa Code section 22.1.
"Record system" means any group of records under the control of the division from which a record may be retrieved by a personal identifier such as the name of an individual, number, symbol, or other unique retriever assigned to an individual.
875-1.12(22,91) Request for access to records.
1.12(1) Location of record. A request for access to a rec-ord should be directed to the labor commissioner or the particular division office where the record is kept. If the location of the record is not known by the requester, the request shall be directed to Division of Labor Services, 1000 E. Grand Avenue, Des Moines, Iowa 50319. If a request for access to a record is misdirected, division personnel will promptly forward the request to the appropriate person within the division.
1.12(2) Office hours. Open records shall be made available during all customary office hours, which are 8 a.m. to 4:30 p.m. daily, excluding Saturdays, Sundays, and legal holidays.
1.12(3) Request for access. A request for access to open records shall identify the particular record sought by name or description in order to facilitate the location of the record. The custodian may require a request to be in writing. Written requests shall include the name, address, and telephone number of the person requesting the information. A person shall not be required to give a reason for requesting an open rec-ord.
1.12(4) Response to request. The response to a request for a single, open record shall generally be immediate. If the size or nature of the request requires time for compliance, the custodian shall comply with the request as soon as feasible. Examples of situations where a request may be delayed include, but are not limited to, the following:
a. Searching for, collecting, and copying a voluminous amount of separate and distinct records included in a single request, especially if both confidential and open records are included.
b. Retrieving a record from archival storage.
c. Any of the purposes authorized by Iowa Code subsections 22.8(4) and 22.10(4).
d. Specialized reproduction of records such as but not limited to videotapes and audiotapes.
The custodian may deny access to the record by a member of the public only on the grounds that a denial is warranted under Iowa Code subsections 22.8(4) and 22.10(4), or that the record is a confidential record, or that disclosure is prohibited by a court order. Access by a member of the public to a confidential record is limited by law and may generally be provided only in accordance with the provisions of rule 875--1.13(22,91) and other applicable provisions of law.
1.12(5) Security of record. No requester may, without permission from the custodian, search or remove any record, nor may a requester reorganize or damage division records. Examination and copying of division records shall be supervised by the custodian.
1.12(6) Copying. A reasonable number of copies of an open record may be made in the division's office. If appropriate equipment is not available in the division office where an open record is kept, the custodian shall permit its examination in that office and shall arrange for copies to be made. The division shall not copy materials where to do so may constitute a violation of law.
1.12(7) Fees.
a. When charged. The division may charge fees in connection with the examination or copying of records. To the extent permitted by applicable provisions of law, the payment of fees may be waived when the imposition of fees is inequitable or when a waiver is in the public interest.
b. Copying and postage costs. Price schedules for published materials and for photocopies of records supplied by the division shall be available in division offices. Copies of records may be made for members of the public on division photocopy machines or from electronic storage systems at the posted cost. Actual costs of shipping may also be charged to the requester.
c. Supervisory fee. An hourly fee may be charged for actual division expenses in searching for and supervising the examination and copying of requested records if time required is in excess of 15 minutes. The fee shall be based upon the pay scale of the employee involved and other actual costs incurred. The custodian shall make available in division offices the hourly fees to be charged.
d. Payment.
(1) The custodian may require a requester to make an advance payment to cover all or part of the estimated fee.
(2) When a requester has previously failed to pay a fee chargeable under this rule, the custodian may require payment in full of any amount previously due and advance payment of the full amount of an estimated fee chargeable under this subrule before the custodian processes a new request from that requester.
875--1.13(22,91) Access to confidential records. Under Iowa Code section 22.7 or other applicable provisions of law, the custodian may disclose certain confidential records to one or more members of the public. Other provisions of law authorize or require the custodian to release specified confidential records under certain circumstances or to particular persons. In requesting the custodian to permit the examination and copying of the confidential record, the following procedures apply and are in addition to those specified for requests for access to records in rule 875-1.12(22,91).
1.13(1) Proof of identity. A person requesting access to a confidential record may be required to provide proof of identity or authority to secure access to the record.
1.13(2) Requests. The custodian may require a request to examine or copy a confidential record to be made in writing. A person requesting access to such a record may be required to sign a certified statement or affidavit enumerating the specific reasons justifying access to the confidential record and to provide any proof necessary to establish relevant facts.
1.13(3) Notice to subject of record and opportunity to obtain injunction. After the custodian receives a request for access to a confidential record, and before the custodian releases the record, the custodian may make reasonable efforts to notify promptly any person who is a subject of that record, is identified in that record, and whose address or telephone number is contained in that record. To the extent the delay is practicable and in the public interest, the custodian may give the subject a reasonable opportunity to seek an injunction under Iowa Code section 22.8 and indicate to the subject of the record the specific period of time during which disclosure will be delayed for that purpose.
1.13(4) Request denied. When the custodian denies a request for access to a confidential record, the custodian shall promptly notify the requester. If the requester indicates to the custodian that a written notification of the denial is desired, the custodian shall provide notification, signed by the custodian, including:
a. The name and title or position of the custodian responsible for the denial; and
b. A brief statement of the reasons for the denial.
1.13(5) Request granted. When the custodian grants a request for access to a confidential record to a particular person, the custodian shall notify that person and indicate any lawful restrictions imposed by the custodian on that person's examination and copying of the record.
875--1.14(22,91) Requests for treatment of a record as a confidential record and withholding from examination. The custodian may treat a record as a confidential record and withhold the record from examination and copying only to the extent that the custodian is authorized by Iowa Code section 22.7, another applicable provision of law, or a court order.
1.14(1) Persons who may request. Any person who would be aggrieved or adversely affected by disclosure of a record and who asserts the custodian is authorized to treat the record as confidential by Iowa Code section 22.7, another applicable provision of law, or a court order, may request the record be treated as a confidential record and be withheld from public inspection.
1.14(2) Request. A request that a record be treated as a confidential record and be withheld from public inspection shall be in writing and filed with the custodian. The request shall set forth the legal and factual basis justifying confidential treatment for the record, and the name, address, and telephone number of the person authorized to respond to any inquiry or action of the custodian concerning the request. A person requesting treatment of a record as a confidential rec-ord may also be required to sign a certified statement or affidavit enumerating the specific reasons justifying the treatment of that record as a confidential record and to provide any proof necessary to establish relevant facts. Requests for treatment of a record as a confidential record for a limited time period shall also specify the time period for which confidential treatment is requested.
A person filing such a request shall, if possible, accompany the request with a copy of the record in question from which those portions for which such confidential record treatment has been requested have been deleted. If the original record is being submitted to the division by the person requesting such confidential treatment at the time the request is filed, the person shall indicate conspicuously on the original record that all or portions of it are confidential.
1.14(3) Failure to request. The custodian may treat a rec-ord as confidential even if no request has been received. However, if a person who has submitted business information to the division does not request that it be withheld from public inspection under Iowa Code section 22.7, the custodian of records containing that information may proceed as if that person has no objection to disclosure.
1.14(4) Timing of decision. A decision by the custodian with respect to the disclosure of a record to members of the public may be made when a request for its treatment as a confidential record is filed or when the custodian receives a request for access to the record by a member of the public.
1.14(5) Request granted. If a request for such confidential record treatment is granted, a copy of the record from which the matter in question has been redacted or deleted will be made available for public inspection in lieu of the original record. If the custodian subsequently receives a request for access to the original record, the custodian may make reasonable and timely efforts to notify any person who has filed a request for its treatment as a confidential record of the request.
1.14(6) Request denied. If a request that a record be treated as a confidential record and be withheld from public inspection is denied, the custodian shall notify the requester in writing of that determination and the reasons. On application by the requester, the custodian may engage in a good-faith, reasonable delay in allowing examination of the record so that the requester may seek injunctive relief under the provisions of Iowa Code section 22.8, or other applicable provision of law. The custodian shall notify the requester in writing of the time period allowed to seek injunctive relief or the reasons for the determination that no reasonable grounds exist to justify the treatment of that record as a confidential rec-ord. The custodian may extend the period of good-faith, reasonable delay in allowing examination of the record so that the requester may seek injunctive relief only if no request for examination of that record has been received, if a court directs the custodian to treat it as a confidential record, to the extent permitted by another applicable provision of law, or with the consent of the person requesting access. However, such a record shall not be withheld from public inspection for any period of time if the custodian determines that the requester had no reasonable grounds to justify the treatment of that record as a confidential record.
875--1.15(22,91) Procedure by which additions, dissents, or objections may be entered into certain records. Except as otherwise provided by law, a person may have a written statement of additions, dissents, or objections entered into a record containing personally identifiable information pertaining to that person. However, this does not authorize a person who is a subject of a record to alter the original copy or to expand the official record of any division proceeding. Written statements of additions, dissents, or objections shall be sent to the custodian or to the Labor Commissioner, 1000 E. Grand Avenue, Des Moines, Iowa 50319. Written statements of additions, dissents, or objections must be dated and signed and shall include the current address and telephone number of the requester or the requester's representative.
875--1.16(22,91) Consent to disclosure by the subject of a confidential record. A person who is the subject of a confidential record may have a copy of the portion of that record concerning the subject disclosed to a third party to the extent permitted by law. A request for such a disclosure must be in writing and must identify the particular record or records that may be disclosed, and the particular person or class of persons to whom the record may be disclosed and, where applicable, the time period during which the record may be disclosed. The person who is the subject of the record and, where applicable, the person to whom the record is to be disclosed, may be required to provide proof of identity. Additional requirements may be necessary for special classes of records. Appearance of counsel before the division on behalf of a person who is the subject of a confidential record is deemed to constitute consent for the division to disclose rec-ords about that person to the person's attorney.
A letter from a subject of a confidential record to a public official which seeks the official's intervention on behalf of the subject in a matter that involves the division may to the extent permitted by law be treated as an authorization to release relevant information about the subject to the official.
875--1.17(22,91) Disclosure without the consent of the subject. Disclosure of a confidential record may occur without the consent of the subject to the extent allowed by law. Following are instances where the division may disclose rec-ords without consent of the subject and usually without notice:
1.17(1) For a routine use as described in rule 875-- 1.19(22,91) or in the notice for a particular record system.
1.17(2) To another agency for a civil, administrative, or criminal law enforcement activity.
1.17(3) To a requester who has provided the division with advance written assurance that the record will be used solely as a statistical research or reporting record; provided, that the record is transferred in a form that does not identify the subject.
1.17(4) To a requester pursuant to a showing of compelling circumstances affecting the health or safety of any individual if a notice of the disclosure is transmitted to the last-known address of the subject.
1.17(5) To the legislative fiscal bureau under Iowa Code section 2.52.
1.17(6) In response to a court order or subpoena.
1.17(7) Disclosures in the course of division employee disciplinary proceedings.
1.17(8) To the citizens' aide under Iowa Code section 2C.9(3).
875--1.18(22,91,77GA,ch1105) Availability of records.
1.18(1) General. Any division record or portion of a rec-ord is an open record unless it is a confidential record as listed at 1.18(2). Any division record may be confidential, either in whole or in part, depending on its contents, except the following:
a. State performance activity measures; directives adopted by IOSH; and citations issued and received pursuant to Iowa Code chapter 88.
b. Operating permits and certificates of insurance relating to amusement devices or rides, concession booths, or related electrical equipment covered by Iowa Code chapter 88A.
c. List of permitted asbestos removal and encapsulation companies and asbestos ten-day notifications pursuant to Iowa Code chapter 88B.
d. Certificates of inspection concerning objects covered by Iowa Code chapter 89.
e. List of owners of facilities regulated under Iowa Code chapter 89A and related permits and certificates of insurance.
f. List of registered professional boxers and bonds filed by fight promoters pursuant to Iowa Code chapter 90A.
g. Lists of formerly registered construction contractors; bonds and certificates of insurance filed by construction contractors pursuant to Iowa Code chapter 91C; and citations issued pursuant to Iowa Code chapter 91C.
h. Iowa child labor Form III collected pursuant to Iowa Code chapter 92.
i. List of private employment agencies licensed pursuant to Iowa Code chapter 95.
j. Lists of publications and educational materials available to the public; unaltered copies of documents published by the division; administrative rules; interstate agreements and interagency agreements to which the division is a party; purchase requests; records concerning the transfer of files to archives; and speech records.
1.18(2) Confidential records. With the exception of "f," each of the following may contain personally identifiable information. Each of the following is confidential or partially confidential.
a. Records or portions of records which are exempt from disclosure pursuant to Iowa Code section 22.7.
b. Records or portions of records which are protected by Iowa Code section 88.1, 88.6, 88.12, 88.14, or 88.16.
c. Records or portions of records containing social security numbers which are protected by 42 U.S.C. Section 405(c)(2)(C)(viii).
d. Records or portions of records containing tax information which are protected by 26 U.S.C. Section 7213(a)(2) or Iowa Code section 422.20 or 422.72.
e. Records or portions of records which are protected pursuant to Iowa Code section 515A.13.
f. Pursuant to Iowa Code sections 17A.2 and 17A.3, those portions of division staff manuals, instructions, or other statements issued which set forth criteria or guidelines to be used by division staff in auditing, in making inspections, in settling commercial disputes or negotiating commercial arrangements, or in the selection or handling of cases, such as operational tactics or allowable tolerances or criteria for the defense, prosecution or settlement of cases when disclosure of these statements would:
(1) Enable law violators to avoid detection;
(2) Facilitate disregard of requirements imposed by law; or
(3) Give a clearly improper advantage to persons who are in an adverse position to the division.
g. Identifying details and trade secrets in final orders, decisions and opinions to the extent permitted by Iowa Code subsection 17A.3(1).
h. Records or portions of records containing attorney work product or attorney-client communications, or which are otherwise privileged pursuant to Iowa Code sections 22.7(4), 622.10, and 622.11, Iowa R.C.P. 122(c), Fed. R. Civ. P. 26(b)(3), rules of evidence, case law, and the Code of Professional Responsibility.
i. Minutes of closed meetings of a government body pursuant to Iowa Code section 21.5(4).
j. Information protected by 42 U.S.C. 11044(a) or by Iowa Code sections 89B.12 and 89B.13.
k. Records of the bureau of labor statistics which were created or obtained pursuant to federal grants if release of the records would cause the denial of federal funds.
l. Information protected by 1998 Iowa Acts, chapter 1105.
m. Any other information made confidential by law.
875--1.19(22,91) Routine uses. To the extent allowed by law, the following uses are considered routine uses of all division records:
1.19(1) Disclosure to government officers, employees, and agents who have a need for the record in the performance of their duties. The custodian of the record may upon request of any government officer, employee, or agent, or on the custodian's own initiative, determine what constitutes legitimate need to use a confidential record.
1.19(2) Any disclosure specifically authorized by the statute under which the record was collected or maintained.
875--1.20(22,91) Release to a subject.
1.20(1) The subject of a confidential record may file a written request to review a confidential record about that person as provided in rule 875--1.12(22,91). However, the division need not release the following records to the subject:
a. The identity of a person providing information to the division need not be disclosed directly or indirectly to the subject of the information when the information is authorized to be held confidential pursuant to Iowa Code section 22.7(18) or other provision of law.
b. A record need not be disclosed to the subject when it is the work product of an attorney or is otherwise privileged.
c. A peace officer's investigative report may be withheld from the subject pursuant to Iowa Code section 22.7(5).
d. As otherwise authorized by law.
1.20(2) Where a record has multiple subjects with interest in the confidentiality of the record, the division may take reasonable steps to protect confidential information relating to another subject.
875--1.21(22,91) Notice to suppliers of information. Required notice to suppliers of information is provided by this rule and may be provided by any other appropriate means such as letters, brochures, formal agreements, contracts, forms, handbooks, manuals, or statements. This division may share information with persons outside the division for any routine use as described at rule 875-1.19(22,91) and for releases under Iowa Code chapter 22. Information obtained by the division will be used to enforce and implement those provisions of law delegated to the labor commissioner.
All information the division deems necessary and requests to administer Iowa Code chapters 30 and 88 through 95 is required. Failure to provide requested information may result in any combination of the following:
1. Inability to provide desired assistance or services.
2. The division's seeking or issuing a subpoena or warrant.
3. The division's proceeding as though the information does not exist or exists but is detrimental to the person from whom the information was requested.
4. Appropriate actions or sanctions pursuant to relevant law.
5. Referrals.
875--1.22(22,91) Data processing systems comparison. The first reports of injury data systems shared between the labor services division and the workers' compensation division of the workforce development department permit the comparison of personally identifiable information in one record system with personally identifiable information in anotherrecord system. Pursuant to Iowa Code chapter 252J, personally identifiable information about asbestos licensees, asbestos permittees, amusement ride permittees, boxers, special inspectors, registered construction contractors, and private employment agency licensees found in data processing systems may be matched, collated, or compared with personally identifiable information in data processing systems maintained by the child support recovery unit of the department of human services. All data processing systems that have common data elements can potentially match, collate, and compare personally identifiable information.
875--1.23(22,91) Personally identifiable information. This rule describes the nature and extent of personally identifiable information collected, maintained, and retrieved from division record systems by personal identifier. Except as noted below, record systems are partially open and partially confidential. Except as noted below, information is stored on paper and electronically.
1.23(1) Personally identifiable information concerning some facility owners who file tier II reports is collected pursuant to Iowa Code section 30.12. The information concerns hazardous materials at the facility.
1.23(2) Personally identifiable information concerning employers who requested services from the consultation and education bureau is collected pursuant to Iowa Code chapter 88. The information concerns services provided by the bureau. The record system is confidential.
1.23(3) Personally identifiable information concerning employees who filed discrimination complaints and employers against whom discrimination complaints were filed is collected pursuant to Iowa Code chapter 88. The information relates to the relevant division inspection.
1.23(4) Personally identifiable information concerning employers whose workplaces have been inspected by the IOSH enforcement bureau is collected pursuant to Iowa Code chapter 88. The information relates to the enforcement inspection.
1.23(5) Personally identifiable information concerning work-related fatalities is collected pursuant to Iowa Code section 88.18. The information includes biographical data about the deceased and information concerning the IOSH fatality inspection.
1.23(6) Personally identifiable information concerning owners or operators of amusement devices or rides, concession booths, or related electrical equipment covered by Iowa Code chapter 88A is collected pursuant to that chapter. The information pertains to the division's inspections.
1.23(7) Personally identifiable information concerning asbestos licensees and permittees is collected pursuant to Iowa Code chapter 88B. Biographical information concerning the asbestos licensees and permittees and information concerning the licenses and permits is included.
Personally identifiable information concerning asbestos licensees and permittees against whom disciplinary action has been taken or attempted is collected pursuant to Iowa Code chapter 88B. The disciplinary action files are stored on paper and contain information concerning division investigations, reprimands, suspensions, revocations, denials, and related litigation.
1.23(8) Personally identifiable information concerning boiler special inspectors against whom disciplinary action has been taken or attempted is collected pursuant to Iowa Code chapter 89. The record system is stored on paper and contains information concerning division investigations, reprimands, suspensions, revocations, denials, and related litigation.
1.23(9) Personally identifiable information concerning special inspectors is collected pursuant to Iowa Code chapters 89 and 89A. The record systems are stored on paper and contain biographical information on special inspectors, information on their commissions, and, when applicable, certificates of insurance.
1.23(10) Personally identifiable information concerning owners and operators of facilities and objects covered by Iowa Code chapters 89 and 89A is collected pursuant to those chapters. The information concerns division regulation of covered objects and facilities.
1.23(11) Personally identifiable information concerning individuals who are certified to perform safety tests or are recognized elevator companies is collected pursuant to Iowa Code chapter 89A. The information is maintained on paper and includes biographical data and information on the certification or recognition.
1.23(12) Personally identifiable information concerning registered boxers is collected pursuant to Iowa Code chapter 90A. The information includes biographical data and information pertaining to the registration.
1.23(13) Personally identifiable information concerning division employees and former employees is collected pursuant to Iowa Code chapter 91. The information is stored on paper and includes biographical data, medical records, qualifications, and tax information. The record system is confidential.
1.23(14) Personally identifiable information concerning wage claimants, wage discrimination complainants and individual employers against whom wage claims or wage discrimination complaints have been filed is collected pursuant to Iowa Code chapter 91A. The information includes biographical data and information on the division's investigations.
1.23(15) Personally identifiable information concerning owners, partners, and officers of construction contractor applicants is collected pursuant to Iowa Code chapter 91C. The information includes biographical data and information about the registration.
Personally identifiable information concerning individual out-of-state contractors who have filed bonds is collected pursuant to Iowa Code chapter 91C. The information is stored on paper and relates to the bonds. The record system is open.
Personally identifiable information concerning individuals who have been cited under Iowa Code chapter 91C is collected pursuant to that chapter. The information includes biographical data and information concerning the citations and relevant litigation.
1.23(16) Personally identifiable information concerning private employment agency licensees is collected pursuant to Iowa Code chapter 95. The information includes biographical data and information about the private employment agency license.
ITEM 8. Reserve rules 875-1.24 to 875-1.26.
ITEM 9. Adopt the following new division:
DIVISION IV
DECLARATORY RULINGS
ITEM 10. Renumber subrules 1.22(1) to 1.22(7) as rules 875--1.27(17A) to 875--1.33(17A), respectively.
ITEM 11. Amend rule 875--1.27(17A), numbered paragraph "8," to read as follows:
8. Any request by petitioner for a meeting provided for by ~~1.22(4)~~ 875--1.30(17A).
ITEM 12. Rescind and reserve rules 875--1.50(22,91) to 875--1.65(22,91).
ITEM 13. Amend rule 875--2.1(88) as follows:
875--2.1(88) Scope and application. This chapter describes the procedures, functions, and personnel of the bureaus and sections of the division of labor services of the department of workforce development: (1) IOSH Enforcement; (2) IOSH Research and Statistics; (3) IOSH Private Sector Consultative Services; (4) IOSH Public Sector Consultative Services; and (5) IOSH Education. Substantive rules for each of these divisions are located in 875--Chapters 3, 4, 5, 8, 9, 10, 26, 27, and 28~~, 110, and 120~~.
ITEM 14. Amend subrule 2.2(1), paragraph "b," to read as follows:
b. Labor safety officers (LSOs). LSOs are responsible for planning, development, and administration of comprehensive safety and health enforcement programs. The two LSOs ~~are the supervisors of~~ direct the two sections: the occupational safety enforcement section and the occupational health enforcement section. They also ~~have~~ direct ~~supervision over~~ the activities of the compliance safety and health officers.
[Filed 11/13/98, effective 1/6/99]
[Published 12/2/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 12/2/98.
ARC 8531A
NATURAL RESOURCE COMMISSION[571]
Adopted and Filed
Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby adopts amendments to Chapter 15, "General License Regulations," Iowa Administrative Code.
These amendments will enable the Department to establish the day of the month that depositary monthly reports are due. The amendments eliminate references to "stamps" which will not be sold beginning in the 1999 license year. The amendments also provide a loss value of $25 for blank generic license forms which have no fixed value.
Notice of Intended Action was published in the Iowa Administrative Bulletin on October 7, 1998, as ARC 8393A. No comments were received during the comment period or at the public hearing. There are no changes from the Notice of Intended Action.
These amendments are intended to implement Iowa Code sections 483A.10 through 483A.15.
These amendments will become effective January 6, 1999.
The following amendments are adopted.
ITEM 1. Amend subrule 15.2(1) as follows:
15.2(1) Depositary designation. The director may designate a retail business establishment, an office of a government entity, or a nonprofit corporation as a depositary for the sale of hunting and fishing licenses ~~and stamps~~ in accordance with the provisions of this rule.
ITEM 2. Amend subrule 15.2(3), paragraph "a," as follows:
a. Condition of security. A surety bond shall generally provide that the applicant render a true account of, and turn over all moneys, license blanks, ~~stamps,~~ and duplicates when requested to do so by the director or an authorized representative, and to comply with all applicable provisions of the application, the Iowa Administrative Code, and the Iowa Code.
ITEM 3. Amend subrule 15.2(4) as follows:
15.2(4) Approval of application and security. The director will approve the application upon the receipt of a satisfactory bond, a collateral assignment of deposit, or a letter of credit and a determination that the credit references are satisfactory. However, the director reserves the right not to approve any application received from a party whose depositary agreement has previously been terminated by the department for cause. Upon approval by the director, the agency will provide the depositary with license blanks, ~~stamps,~~ reporting forms, and instructions.
ITEM 4. Amend subrule 15.2(5), paragraphs "a," "b" and "c," as follows:
a. Monthly reports. ~~The monthly license sale report~~ A full and complete monthly sales report, including duplicate copies of the licenses sold and a check or other monetary instrument in the amount due shall be remitted to the department ~~by the fifth of the following month~~ on a prescheduled due date of the following month. A depositary which does not provide the monthly report to the department ~~by the fifteenth of the following month~~ within 10 days after the due date shall be considered seriously delinquent. However, if the office or business is operated on a seasonal basis, a monthly report is not required for any month that the office or business is not open to the public.
b. Annual report. The annual report for all sales for the calendar year and including the return of all unused license blanks ~~and stamps~~ shall be remitted to the department by January 31 of each year. An annual report shall also be submitted at the time a depositary is terminated for any reason during the calendar year. This report must be received within 15 days after the director receives the notice of termination. A depositary will be considered seriously delinquent if the annual report is not received by February 15.
c. Accountability. The depositary shall be fully accountable to the state for all proceeds collected from the sale of licenses ~~and stamps~~. This accountability shall not be diminished by reason of bankruptcy, fire loss, theft loss, or other similar reason.
ITEM 5. Amend subrule 15.2(5), paragraph "e," as follows:
e. Termination of depositary. A depositary may terminate the agreement at any time by notifying the director by certified mail, return receipt requested. The termination shall be effective 30 days after the receipt of the notice by the director, and after the depositary has fully accounted for all moneys and unused license blanks ~~and stamps~~. The director may terminate the depositary agreement and require an immediate and full accounting of all moneys and unused license blanks ~~and stamps~~ under any of the following circumstances:
(1) The occurrence of a third serious delinquency during any consecutive six-month period.
(2) Not making an insufficient funds check good within 10 days after proper notice by the director.
(3) Failure to correct a serious delinquency within 15 calendar days.
(4) Knowingly placing a date, other than the correct date, on any license.
(5) Knowingly selling a resident license ~~or stamp~~ to a nonresident, or selling a senior citizen or disabled license to a person not qualified for such license.
(6) Charging more than the statutory writing fee.
(7) Refusal to sell a license ~~or stamp~~ to any individual by reason of race, creed, nationality, or religion.
(8) Expiration ~~of bond coverage~~ or cancellation of bond, ~~coverage by the surety~~ certificate of deposit, or letter of credit.
(9) A depositary fails to make a full and complete monthly sales report and monthly remittance.
(10) A depositary, or employee of a depositary, knowingly makes a false entry on any license being sold, or knowingly issues any license to a person to whom issuance of that license is improper.
ITEM 6. Amend subrule 15.3(4) by adding the following new unnumbered paragraph at the end thereof:
The value assigned to a lost or destroyed blank license form shall be $25. This amount will be paid by the depositary to the department, except as relief from such payment is provided according to subrules 15.3(1) to 15.3(3).
[Filed 11/13/98, effective 1/6/99]
[Published 12/2/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 12/2/98.
ARC 8533A
NATURAL RESOURCE COMMISSION[571]
Adopted and Filed
Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby amends Chapter 40, "Boating Speed and Distance Zoning," Iowa Administrative Code.
These amendments will expand two existing no-wake zones on the Mississippi River at Sabula in Jackson County. Zone 1 is an area at the north boat ramp and Zone 3 is within an area known as South Sabula Lake and has a public campground, boat ramp and a number of docks located along the shoreline. The City of Sabula has requested these amendments in an effort to provide better shoreline and facility protection from wave action and increased water safety for public recreation.
Notice of Intended Action was published in the Iowa Administrative Bulletin on September 9, 1998, as ARC 8325A. No comments were received during the comment period or at the public hearing. There are no changes from the Notice of Intended Action.
These amendments are intended to implement Iowa Code section 462A.26.
These amendments will become effective January 6, 1999.
The following amendments are adopted.
ITEM 1. Amend subrule 40.34(1) as follows:
40.34(1) Zone 1. Zone 1 shall extend 200 feet from shore and begin at a point ~~100 feet above~~ 250 feet upstream of the north Sabula city boat ramp and ending at a point downstream where Bank Street intersects the river bank.
ITEM 2. Amend subrule 40.34(3) as follows:
40.34(3) Zone 3. Zone 3 shall extend 200 feet into ~~Lower~~ South Sabula Lake from the county boat ramp and 100 feet to the ~~left~~ west of the ramp and ~~100~~ 600 feet to the ~~right~~ east of the ramp.
[Filed 11/13/98, effective 1/6/99]
[Published 12/2/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 12/2/98.
ARC 8538A
NATURAL RESOURCE COMMISSION[571]
Adopted and Filed
Pursuant to the authority of Iowa Code section 455A.5, the Natural Resource Commission hereby amends Chapter 98, "Wild Turkey Spring Hunting," Iowa Administrative Code.
This chapter gives the regulations for hunting wild turkeys, including season dates, bag limits, method of take, license quotas and application procedures. These amendments increase the number of archery-only licenses that may be issued to one person and increase application fees.
Notice of Intended Action was published in the Iowa Administrative Bulletin on October 7, 1998, as ARC 8395A. One change has been made from the Notice of Intended Action. Item 4 was added which eliminates the need to purchase a habitat stamp but requires proof that the year's habitat fee has been paid and must be in the hunter's possession.
These amendments are intended to implement Iowa Code sections 481A.38, 481A.39, 481A.48 and 483A.7.
These amendments will become effective January 6, 1999.
The following amendments are adopted.
ITEM 1. Amend subrule 98.1(1), paragraph "b," as follows:
b. Archery-only licenses will be valid statewide and shall be valid during the entire period open for spring turkey hunting. No person may apply for or obtain more than two archery-only licenses per year. Persons purchasing one or two archery-only ~~license~~ licenses shall be ineligible to purchase any other spring wild turkey hunting license.
ITEM 2. Amend rule 571--98.3(481A), introductory paragraph, as follows:
571--98.3(481A) Application procedure. All applications for spring wild turkey hunting licenses must be made on forms provided by the department of natural resources and returned to the office in Des Moines, Iowa, with a remittance of ~~$22~~ $22.50 per license. Only one individual may apply on a single application form.
ITEM 3. Amend subrule 98.3(1), paragraph "a," as follows:
a. Combination shotgun-or-archery licenses. Applications for combination shotgun-or-archery licenses will be received and accepted from the second Monday in January through the first Friday in February or if the application bears a valid and legible U.S. Postal Service postmark applied during the same period. Incomplete or improperly completed applications, applications not meeting the above conditions, or applications received after the application period shall not be considered valid. Applications that are complete except for a zone designation shall be assigned to Zone 4. A person may submit up to two applications during the application period, provided that at least one application is for hunting period four in Zone 4 and that ~~$22~~ $22.50 is submitted with each application. If applications have been received in excess of the license quota for any hunting zone or period, a drawing shall be conducted to determine which applicants shall receive licenses. If the quota for any hunting zone or period has not been filled, licenses shall be issued in the order in which applications are received beginning the second Monday in March and shall continue for five consecutive days or until the quota has been met, whichever first occurs.
Persons who have not previously applied for a license or were unsuccessful in the first drawing may apply for one or two licenses in any of the hunting periods for which licenses are still available. Persons who have already received one combination shotgun-or-archery license may apply for one additional license for any of the hunting periods in which licenses are still available.
ITEM 4. Amend subrule 98.10(1) as follows:
98.10(1) License. All hunters must have in possession a valid nonresident spring wild turkey hunting license and ~~a habitat stamp valid for the current year~~ show proof they have paid the current year's habitat fee when hunting wild turkey. No person, while hunting turkey, shall carry or have in possession any license or transportation tag issued to another person. Licenses will be issued by zone and period and will be valid in the designated zone and period only. No person shall obtain more than one spring wild turkey hunting license.
ITEM 5. Amend rule 571--98.14(483A) as follows:
571--98.14(483A) Application procedure. All applications for nonresident spring wild turkey hunting licenses must be made on forms provided by the department of natural resources and returned to the Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319-0034.
Applications for any of the three spring wild turkey hunting periods shall be received and accepted from the second Monday in January through the last Friday in January. If applications are received in excess of the license quota for any hunting zone or period, a drawing shall be conducted to determine which applicants shall receive licenses. If licenses are still available for any hunting zone or period, licenses will be issued as applications are received until quotas are filled or the second Friday in March, whichever occurs first. Party applications with no more than four individuals will be accepted. No person shall submit more than one application. Incomplete or improperly completed applications, applications not meeting the above conditions, or applications received prior to or after the application period shall not be considered valid applications. The nonresident license fee shall be ~~$55~~ $75.50.
[Filed 11/13/98, effective 1/6/99]
[Published 12/2/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 12/2/98.
ARC 8504A
PUBLIC HEALTH DEPARTMENT[641]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 135.11 and 139.2, the Department of Public Health hereby amends Chapter 1, "Notification and Surveillance of Reportable Diseases," Iowa Administrative Code.
The purpose of this action is to add Staphylococcus aureus invasive disease and Methicillin-resistant Staphylococcus aureus invasive disease to the reportable disease list.
Isolates of Methicillin-resistant Staphylococcus aureus invasive disease should be sent to the University of Iowa Hygienic Laboratory. Total numbers of Staphylococcus aureus invasive disease isolates should be reported to the Department of Public Health on a quarterly basis. The reporting of both will allow tracking of antibiotic resistance in Staphylococcus aureus.
Notice of Intended Action was published in the Iowa Administrative Bulletin on September 23, 1998, as ARC 8357A. The Department of Public Health accepted written comments on the proposed amendment until October 14, 1998. A public hearing was held on October 14, 1998, at the Department of Public Health in the Lucas State Office Building. No written or oral comments were received.
This amendment was adopted by the Board of Health on November 4, 1998.
This amendment shall become effective January 6, 1999.
This amendment is intended to implement Iowa Code section 139.2.
The following amendment is adopted.
Amend subrule 1.2(1), paragraph "a," as follows:
Amend subparagraph (1) by adding the following new reportable diseases in alphabetical order:
~Methicillin-resistant Staphylococcus aureus invasive disease
**Staphylococcus aureus invasive disease
Amend subparagraph (2) by adding an asterisk before "Yellow fever" as follows:
*Yellow fever
Add the following new footnote at the end of paragraph "a."
** Numbers of staphylococcal isolates should be reported to the Department of Public Health on a quarterly basis.
[Filed 11/10/98, effective 1/6/99]
[Published 12/2/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 2/12/98.
ARC 8505A
PUBLIC HEALTH DEPARTMENT[641]
Adopted and Filed
Pursuant to the authority of Iowa Code section 139.9(8), the Department of Public Health hereby amends Chapter 7, "Immunization of Persons Attending Elementary or Secondary Schools or Licensed Child-Care Centers," Iowa Administrative Code.
This amendment complies with the immunization schedule as recommended by the Immunization Practices Advisory Committee, the advisory body for the Centers for Disease Control and Prevention. This amendment adds a requirement for hepatitis B immunizations and removes the polio exemption for applicants 18 years of age and older.
Notice of Intended Action was published in the Iowa Administrative Bulletin on September 23, 1998, as ARC 8358A.
A public hearing was held on October 14, 1998; no persons attended. No written comments were received.
This amendment was adopted by the State Board of Health on November 4, 1998.
This amendment is intended to implement Iowa Code section 139.9.
This amendment will become effective January 6, 1999.
The following amendment is adopted.
Amend subrule 7.4(6) as follows:
7.4(6) 4 years of age and older: Applicants enrolled or attempting to enroll in a public or nonpublic elementary or secondary school shall have received the following:
a. No change.
b. At least three doses of trivalent polio vaccine. At least one dose of trivalent polio vaccine shall have been received after the applicant's fourth birthday. ~~Applicants 18 years of age and older are exempt from the polio requirement; and~~
c. No change.
d. At least three doses of hepatitis B vaccine if born on or after July 1, 1994, prior to enrollment in school.
[Filed 11/10/98, effective 1/6/99]
[Published 12/2/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 12/2/98.
ARC 8507A
PUBLIC HEALTH DEPARTMENT[641]
Adopted and Filed
Pursuant to the authority of Iowa Code Supplement section 135.105C, the Department of Public Health hereby adopts amendments to Chapter 69, "Renovation, Remodeling, and Repainting--Lead Hazard Notification Process," Iowa Administrative Code.
This chapter implements a program to require individuals who perform renovation, remodeling, and repainting of target housing for compensation to provide an approved lead hazard information pamphlet to the owner and occupant of the housing prior to commencing the work. In order to receive authorization from the U.S. Environmental Protection Agency (EPA), the Department of Public Health must establish a program that will be considered as protective as the U.S. EPA rules contained in Subpart E and Subpart Q of 40 CFR Part 745 of the Code of Federal Regulations. The final rules for the federal program were published in the Federal Register on June 1, 1998, and will become effective on June 1, 1999. The effective date of Iowa's rules must be changed to correspond with the effective date of the federal regulations. In addition, the final federal regulations are more flexible than the draft federal regulations. Therefore, some changes can be made to Iowa's rules to make them more flexible. The Department of Public Health must submit an application asking for this program to be approved. The U.S. EPA must approve or disapprove this application. If this application is not approved, the U.S. EPA will enforce the federal regulations in Iowa beginning on June 1, 1999.
Notice of Intended Action was published in the Iowa Administrative Bulletin on September 9, 1998, as ARC 8318A. A public hearing was held on September 29, 1998. One public comment was received, requesting that subrule 69.6(2) be changed to allow methods of delivering the pamphlet other than slipping it under the door since it may not always be possible to slide something under the door of a dwelling. This change has been made. Other than this change, the amendments are identical to those published under Notice of Intended Action.
This chapter is intended to implement Iowa Code Supplement section 135.105C.
These amendments shall become effective on January 6, 1999.
The following amendments are adopted.
Amend 641--Chapter 69 as follows:
CHAPTER 69
RENOVATION, REMODELING, AND REPAINTING--
LEAD HAZARD NOTIFICATION PROCESS
641--69.1(135) Applicability. This chapter applies to all persons who perform renovation, remodeling, and repainting for compensation in target housing.
641--69.2(135) Definitions.
"Certificate of mailing" means certified mail with return receipt or its equivalent.
"Common area" means a portion of the building that is generally accessible to all occupants. This includes, but is not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, garages, and boundary fences.
"Components" means specific design or structural elements or fixtures of a building, residential dwelling, or child-occupied facility that are distinguished from each other by form, function, and location. These include, but are not limited to, interior components such as ceilings, crown moldings, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim (including sashes, window heads, jambs, sills or stools and troughs), built-in cabinets, columns, beams, bathroom vanities, countertops, and air conditioners; and exterior components such as painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fascias, rake boards, cornerboards, bulkheads, doors and door trim, fences, floors, joists, latticework, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, windowsills or stools and troughs, casing, sashes and wells, and air conditioners.
"Department" means the department of public health.
"Dwelling unit" means a single, unified combination of rooms designed for use as a dwelling by one family.
"Emergency renovation, remodeling, and repainting" means renovation, remodeling, and repainting activities necessitated by nonroutine failures of equipment that were not planned but resulted from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard or threatens equipment or property with significant damage.
"Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or more than 0.5 percent by weight.
"Lead-based paint hazard" means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-based paint that is deteriorated or present in accessible surfaces, friction surfaces, and impact surfaces that would result in adverse human health effects.
"Living area" means any area of a residential dwelling used by at least one child six years of age or less including, but not limited to, living rooms, kitchen areas, dens, playrooms, and children's bedrooms.
"Multifamily dwelling" means a structure that contains more than one separate residential dwelling unit, which is used or occupied, or is intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.
"Renovation, remodeling, repainting" means modifying any existing structure or portion of a structure where painted surfaces are disturbed, unless the activity fits the criteria of lead abatement as defined in 641--70.2(135) and is performed by a certified lead abatement contractor as defined in 641--70.2(135). This includes, but is not limited to, removing walls, ceilings, and other painted building components; window replacement; floor refinishing; and sanding, scraping, stripping, water blasting, or otherwise removing paint.
"Residential dwelling" means (1) a detached single-family dwelling unit, including the surrounding yard, attached structures such as porches and stoops, and detached buildings and structures including, but not limited to, garages, farm buildings, and fences, or (2) a single-family dwelling unit in a structure that contains more than one separate residential dwelling unit, which is used or occupied, or intended to be used or occupied, in whole or part, as the home or residence of one or more persons.
"Target housing" means housing constructed prior to 1978 with the exception of housing for the elderly or for persons with disabilities, unless at least one child, six years of age or less, resides or is expected to reside in the housing, and housing which does not contain a bedroom.
641--69.3(135) Notification required. Beginning on ~~August~~ June 1, 1999, individuals who perform renovation, remodeling, and repainting of target housing for compensation, except for emergency renovation, remodeling, and repainting of target housing ~~for the purpose of preventing significant property damage or threats to public safety or health~~, must do the following no more than 60 days prior to commencing the work:
69.3(1) Provide the pamphlet, Lead Poisoning: How to Protect Iowa Families, to the owner and adult occupant of each dwelling unit where renovation, remodeling, and repainting will be performed.
69.3(2) Obtain a signed, dated acknowledgment from the owner and known adult occupant of each dwelling unit where renovation, remodeling, and repainting will be performed affirming that they have received the pamphlet and are aware of the potential health hazards from remodeling, renovating, or repainting housing containing lead-based paint. If a written acknowledgment cannot be obtained from an adult occupant, the individual must certify in writing that the pamphlet has been delivered to the dwelling and that a written acknowledgment could not be obtained from an adult occupant. Such certification must include the address of the unit to be remodeled, renovated, or repainted, the date and method of delivery of the pamphlet, name of the person delivering the pamphlet, reason for lack of acknowledgment (e.g., occupant refuses to sign, no adult occupant available), the signature of the person conducting the renovating, remodeling, or repainting, and the date of signature.
a. to e. No change.
69.3(3) In lieu of delivering the pamphlet and written acknowledgment, the person conducting the renovating, remodeling, or repainting may obtain a certificate of mailing the pamphlet and written acknowledgment at least seven days prior to beginning the work.
~~69.3(3)~~ 69.3(4) If the general nature, location, and expected starting and ending dates of the planned renovation, remodeling, and repainting change after the initial notification has been conducted, the individual conducting the renovation, remodeling, and repainting shall provide further notification to the owners and occupants providing revised information on the ongoing or planned activities. This subsequent notification must be provided before the individual conducting the renovation, remodeling, or repainting initiates work beyond that which was described in the original notice.
641--69.4(135) Notification required in multifamily housing. Beginning on ~~August~~ June 1, 1999, individuals who perform renovation, remodeling, and repainting of common areas for compensation, except for emergency renovation, remodeling, and repainting of target housing ~~for the purpose of preventing significant property damage or threats to public safety or health~~, must do the following no more than 60 days prior to commencing the work:
69.4(1) No change.
69.4(2) Obtain a signed, dated acknowledgment from the owner of the multifamily target housing where renovation, remodeling, and repainting will be performed affirming that the owner has received the pamphlet and is aware of the potential health hazards from remodeling, renovating, or repainting housing containing lead-based paint.
a. to e. No change.
f. Notify each ~~owner and~~ occupant of the multifamily housing, in writing, of the intended remodeling, repainting, or renovation, and make the pamphlet, Lead Poisoning: How to Protect Iowa Families, available upon request. At a minimum, this notification shall be accomplished by distributing written notice to each ~~owner and~~ occupant of the target housing. The notice shall describe:
(1) to (3) No change.
g. No change.
h. ~~If the owner performs the notification activities on behalf of the individual planning to perform the renovation, remodeling, and repainting, then the~~ The individual planning to perform the renovation, remodeling, and repainting must ~~retain~~ prepare, sign, and date a statement ~~signed and dated by the owner of the dwelling~~ describing the steps performed to notify all occupants of the intended renovation, remodeling, and repainting, and to provide the pamphlet, Lead Poisoning: How to Protect Iowa Families, at no charge upon request. Regardless of who performs the notification activities required in this subrule, the individual planning to conduct the renovation, remodeling, and repainting shall be responsible for ensuring compliance with this subrule and shall be liable for any failures to comply with the notification requirements in this subrule.
69.4(3) In lieu of delivering the pamphlet and written acknowledgment to the owner, the person conducting the renovating, remodeling, or repainting may obtain a certificate of mailing the pamphlet and written acknowledgment at least seven days prior to beginning the work.
~~69.4(3)~~ 69.4(4) If the general nature, location, and expected starting and ending dates of the planned renovation, remodeling, and repainting change after the initial notification has been conducted, the individual conducting the renovation, remodeling, and repainting shall provide further notification to the owners and occupants providing revised information on the ongoing or planned activities. This subsequent notification must be provided before the individual conducting the renovation, remodeling, or repainting initiates work beyond that which was described in the original notice.
641--69.5(135) Emergency renovation, remodeling, and repainting. Beginning on ~~August~~ June 1, 1999, individuals who perform emergency renovation, remodeling, and repainting of target housing for compensation ~~for the purpose of preventing significant property damage or threats to public safety or health~~ must do the following:
69.5(1) and 69.5(2) No change.
69.5(3) These activities shall be conducted by the individual performing the renovation, remodeling, and repainting, or by the owner on behalf of this individual. ~~If the owner performs the notification activities on behalf of the individual planning to perform the renovation, remodeling, and repainting, then the~~ The individual planning to perform the renovation, remodeling, and repainting must ~~retain~~ prepare, sign, and date a statement ~~signed and dated by the owner of the dwelling~~ describing the steps performed to notify all occupants of the intended renovation, remodeling, and repainting, and to provide the pamphlet, Lead Poisoning: How to Protect Iowa Families, at no charge upon request. Regardless of who performs the notification activities required in this subrule, the individual conducting the renovation, remodeling, and repainting shall be responsible for ensuring compliance with this rule and shall be liable for any failures to comply with the notification requirements in this rule.
641--69.6(135) Certification of attempted delivery. When an adult occupant is unavailable for signature or refuses to sign the acknowledgment of receipt of the pamphlet, the individual conducting the renovating, remodeling, or repainting is permitted by subrule 69.3(2) to certify delivery for each instance. The certification shall include the address of the unit undergoing renovation, remodeling or repainting, the date and method of delivery of the pamphlet, names of the persons delivering the pamphlet, reason for lack of acknowledgment (e.g., occupant refuses to sign, no adult occupant available), the signature of the individual conducting the renovation, remodeling, and repainting, and the date of signature.
69.6(1) Unavailable for signature.
a. If an adult occupant is unavailable for signature, the certification shall contain the following language:
I certify that I have made a good-faith effort to deliver the pamphlet, Lead Poisoning: How to Protect Iowa Families, to the unit listed below at the dates and times indicated, and that an adult occupant was unavailable to sign the acknowledgment. I further certify that I have left a copy of the pamphlet at the unit with the occupant.
b. Below the statement, the certification shall require the printed name and signature of the individual conducting the renovating, remodeling, or repainting, the address of the unit, the attempted delivery dates and times, and the date of signature.
69.6(2) Refused to sign.
a. If the occupant refuses to sign the acknowledgment, the certification shall contain the following language:
I certify that I have made a good-faith effort to deliver the pamphlet, Lead Poisoning: How to Protect Iowa Families, to the unit listed below at the dates and times indicated, and that the occupant refused to sign the acknowledgment. I further certify that I have left a copy of the pamphlet at the unit.
b. Below the statement, the certification shall require the printed name and signature of the individual conducting the renovating, remodeling, or repainting, the address of the unit, the attempted delivery dates and times, the location where the pamphlet was left at the unit (e.g., taped to the door, slipped under the door), and the date of signature.
641--69.7(135) Exemption. Renovation, remodeling, and repainting in target housing in which a lead inspector or elevated blood lead (EBL) inspector certified pursuant to 641-- Chapter 70 has made a written determination that the components affected by the renovation are free of lead-based paint and where the person conducting the renovation, remodeling, or repainting has obtained a copy of the written determination are exempt from the provisions of 641--Chapter 69.
~~641--69.6(135)~~ 641--69.8(135) Record-keeping requirements. Beginning on ~~August~~ June 1, 1999, individuals who conduct renovation, remodeling, and repainting for compensation in target housing shall retain all records necessary to demonstrate compliance with this chapter for a minimum of three years following completion of the renovation, remodeling, and repainting. The records shall include:
~~69.6(1)~~ 69.8(1) The address or location of the target housing where remodeling, renovation, or repainting was conducted.
~~69.6(2)~~ 69.8(2) A list of all known occupants of the dwelling units where renovation, remodeling, or repainting was conducted at the commencement of the work.
~~69.6(3)~~ 69.8(3) Copies of signed, dated acknowledgments as required by subrule 69.3(2) from each owner and occupant of a dwelling unit where renovation, remodeling, or repainting was conducted.
~~69.6(4)~~ 69.8(4) Copies of signed, dated acknowledgments as required by subrule 69.4(2) from each owner of multifamily target housing where renovation, remodeling, or repainting was conducted in common areas.
~~69.6(5)~~ 69.8(5) Copies of all signed, dated statements of notification, as well as copies of all notification materials to all owners and occupants ~~as required by~~ and acknowledgments as required by subrule 69.4(2) from each owner and occupant of multifamily target housing where renovation, remodeling, or repainting was conducted in common areas.
69.8(6) Reports showing that a lead inspector or elevated blood lead (EBL) inspector certified pursuant to 641-- Chapter 70 has made a written determination that the components affected by the renovation are free of lead-based paint.
69.8(7) Certifications of attempted delivery as described in 641--69.6(135).
69.8(8) Certificates of mailing as described in subrules 69.3(3) and 69.4(3).
~~641--69.7(135)~~ 641--69.9(135) Enforcement.
~~69.7(1)~~ 69.9(1) The department may enter the place of business of an individual who conducts renovation, remodeling, and repainting for the purpose of enforcing the notification required by this chapter.
~~69.7(2)~~ 69.9(2) The following are considered to be in violation of this chapter:
a. Failure or refusal to comply with any requirements of this chapter.
b. Failure or refusal to establish, maintain, provide, copy, or permit access to records or reports as required by this chapter.
c. Failure or refusal to permit entry or inspection as described in subrule ~~69.7(1)~~ 69.9(1).
These rules are intended to implement Iowa Code Supplement section 135.105C.
[Filed 11/10/98, effective 1/6/99]
[Published 12/2/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 12/2/98.
ARC 8508A
PUBLIC HEALTH DEPARTMENT[641]
Adopted and Filed
Pursuant to the authority of Iowa Code section 135.105A, the Department of Public Health adopts amendments to Chapter 70, "Lead Professional Certification," Iowa Administrative Code.
Iowa Code section 135.105A directs the Department of Public Health to establish a program for the training and certification of lead inspectors and lead abaters and states that a person shall not perform lead abatement or lead inspections unless the person has completed a training program approved by the Department and has obtained certification. Property owners are required to be certified only if the property in which they will perform lead inspections or lead abatement is occupied by a person other than the owner or a member of the owner's immediate family while the measures are being performed. A person may be certified as both a lead inspector and a lead abater. However, a person who is certified as both shall not provide both inspection and abatement services at the same site unless a written consent or waiver, following full disclosure by the person, is obtained from the owner or manager of the site. The legislation establishing this Iowa Code section stated that this section could take effect only after the Department of Public Health obtained certification from the U.S. Environmental Protection Agency (EPA) as an accredited program to train and certify lead inspectors and abaters. However, the legislation also stated that the Department could establish a temporary program for the voluntary certification of lead inspectors and lead abaters during the period prior to obtaining certification as an accredited program from the U.S. EPA. Since the Department of Public Health certification program has not yet received authorization from the U.S. EPA, certification of lead professionals is still voluntary.
In order to receive authorization from the U.S. EPA, the Department of Public Health must establish a program for the mandatory certification of lead professionals that will be considered as protective as the U.S. EPA rules contained in Subpart L and Subpart Q of 40 CFR Part 745 of the Code of Federal Regulations. Under 40 CFR Part 745, approval of training programs will become mandatory on March 1, 1999, and certification of lead professionals will become mandatory on August 31, 1999. The Department of Public Health must submit an application asking for this program to be approved. The U.S. EPA must approve or disapprove this application. If this application is not approved, the U.S. EPA will enforce the federal regulations in Iowa beginning on March 1, 1999. The U.S. EPA has reviewed a draft of Iowa's application and recommended that the rules be amended as shown.
Notice of Intended Action was published in the Iowa Administrative Bulletin on September 9, 1998, as ARC 8319A. A public hearing was held on September 29, 1998. No comments were received. These amendments are identical to those published under Notice of Intended Action.
These amendments are intended to implement Iowa Code section 135.105A.
These amendments shall become effective on January 6, 1999.
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 [amendments to Ch 70] is being omitted. These rules are identical to those published under Notice as ARC 8319A, IAB 9/9/98.
[Filed 11/10/98, effective 1/6/99]
[Published 12/2/98]
[For replacement pages for IAC, see IAC Supplement 12/2/98.]
ARC 8503A
PUBLIC HEALTH DEPARTMENT[641]
Adopted and Filed
Pursuant to the authority of 1998 Iowa Acts, chapter 1221, section 5, subsection 4(10), the Iowa Department of Public Health adopts Chapter 91, "Iowa Domestic Abuse Death Review Team," Iowa Administrative Code.
This chapter creates a domestic abuse death review team pursuant to 1998 Iowa Acts, chapter 1221, section 5, subsection 4(10). The purpose of the team is to aid in the reduction of the incidence of domestic abuse deaths by identifying the cause and manner of deaths occurring from domestic violence and to make recommendations for changes in policy and practice to improve community interventions for preventing domestic abuse deaths.
Notice of Intended Action was published in the Iowa Administrative Bulletin on September 9, 1998, as ARC 8317A. After receiving oral and written comments from interested parties, the Department has decided to add several members to the team and to increase the number of departmental liaisons. The changes were made to ensure representation by all parties involved in domestic abuse identification, investigation, prosecution, and intervention and to increase team membership to the same number as the child death review team.
These rules were adopted by the Board of Public Health on November 4, 1998.
These rules shall become effective January 6, 1999.
These rules are intended to implement 1998 Iowa Acts, chapter 1221, section 5, subsection 4(10).
The following new chapter is adopted.
CHAPTER 91
IOWA DOMESTIC ABUSE DEATH REVIEW TEAM
641--91.1(77GA,ch1221) Purpose. The purpose of the domestic abuse death review team is to aid in the reduction of the incidence of domestic abuse deaths by accurately identifying the cause and manner of deaths occurring from domestic violence and by making recommendations for changes in policy and practice to improve community interventions for preventing domestic abuse deaths.
641--91.2(77GA,ch1221)Definitions.
"Team" means the Iowa domestic abuse death review team.
"Unexcused absence" means failure by a team member to notify the chairperson of an anticipated absence from a team meeting.
641--91.3(77GA,ch1221) Agency. The Iowa domestic abuse death review team is established as an independent agency of state government. The Iowa department of public health shall provide staffing and administrative support to the team.
641--91.4(77GA,ch1221) Membership. The membership of the team is subject to the provisions of Iowa Code sections 69.16 and 69.16A, relating to political affiliation and gender balance. Team members who are not designated by another appointing authority shall be appointed by the director of public health. At least one member shall also be a member of the Iowa child death review team. Membership terms shall be for three years. One-third of the initial members shall serve for three years, one-third of the initial members shall serve for two years, and one-third of the initial members shall serve for one year, as designated by the appointing authority.
91.4(1) The team shall include the following:
a. The state medical examiner or the state medical examiner's designee.
b. A licensed physician who is knowledgeable concerning domestic abuse deaths, suicide, and child deaths by hom-icide.
c. A licensed mental health professional who is knowledgeable concerning domestic abuse.
d. A representative or designee of the Iowa coalition against domestic violence.
e. A certified or licensed professional who is knowledgeable concerning substance abuse.
f. A law enforcement official who is knowledgeable about domestic abuse and is a member of a state law enforcement association.
g. A law enforcement investigator experienced in domestic abuse investigation.
h. A prosecuting attorney experienced in prosecuting domestic abuse cases.
i. A member of the judiciary appointed by the chief justice of the supreme court.
j. A clerk of the district court appointed by the chief justice of the supreme court.
k. A department of correctional services' employee or subcontractor who is assigned batterers' treatment program responsibilities and is knowledgeable about risk level assessment.
l. An attorney licensed in this state who provides criminal defense assistance or child custody representation and who is experienced in dissolution of marriage proceedings.
m. A former victim of domestic abuse.
n. A family member of a decedent whose death resulted from domestic abuse.
91.4(2) Vacancies shall be filled in the same manner in which the original appointments were made. An appointee shall complete the original member's term.
91.4(3) Three consecutive unexcused absences shall be grounds for the director to consider dismissal of the team member and the appointment of another. The chairperson of the team is charged with providing notification of absences.
91.4(4) The department may temporarily appoint other members to serve as experts, as needed, on a case-by-case basis.
641--91.5(77GA,ch1221) Officers. Officers of the team shall be a chairperson and a vice chairperson and shall be elected at the first meeting of each fiscal year unless designated at the time of appointment. Vacancy in the office of chairperson shall be filled by elevation of the vice chairperson. Vacancy in the office of vice chairperson shall be filled by election at the next meeting after the vacancy occurs. The chairperson shall preside at all meetings of the team, appoint such subcommittees as deemed necessary, and designate the chairperson of each subcommittee. If the chairperson is absent or unable to act, the vice chairperson shall perform the duties of the chairperson. When so acting, the vice chairperson shall have all the powers of and be subject to all restrictions upon the chairperson. The vice chairperson shall also perform such other duties as may be assigned by the chairperson.
641--91.6(77GA,ch1221) Meetings. The team shall meet upon the call of the chairperson, upon the request of a state agency, or as determined by the team. Robert's Rules of Order shall govern all meetings.
641--91.7(77GA,ch1221) Expenses of team members. The members of the team are eligible for reimbursement of actual and necessary expenses incurred in the performance of their official duties.
641--91.8(77GA,ch1221) Team responsibilities. The team shall perform the following responsibilities.
1. Collect, review, and analyze death certificates and death data, including investigative reports, medical and counseling records, victim service records, child abuse reports, or other confidential information concerning domestic abuse deaths, survivor interviews and surveys, and other information deemed by the team as necessary and appropriate concerning the causes and manner of domestic abuse deaths.
2. Prepare an annual report to the governor, supreme court, attorney general, and the general assembly concerning the contributing factors of domestic abuse deaths.
3. Recommend community interventions to prevent domestic abuse deaths based on an analysis of the contributing factors to such deaths.
4. Recommend to the agencies represented on the review team and to other agencies changes which may prevent domestic abuse deaths.
5. Maintain the confidentiality of any patient records or other confidential information reviewed.
6. The team may establish subcommittees to which the team may delegate some or all of the team's responsibilities set out in this rule.
641--91.9(77GA,ch1221) Liaisons. The following individuals shall each designate a liaison to assist the team in fulfilling its responsibilities.
1. Director of public health.
2. Director of human services.
3. Commissioner of public safety.
4. Director of corrections.
5. Attorney general.
6. Director of education.
7. State court administrator.
8. Director of the law enforcement academy.
641--91.10(77GA,ch1221) Confidentiality and disclosure of information. The team and liaisons shall maintain the confidentiality of all information and records used in the review and analysis of domestic abuse deaths, including disclosure of information which is confidential under Iowa Code chapter 22 or any other provisions of state law. No information on individual deaths contained in the records described in this rule shall be disclosed except for the purposes of the team, committee or subcommittee meeting, and no confidential information received in preparation for or during the course of such meeting shall be removed from the meeting room except for further review as authorized by the team chairperson.
In preparation for review of an individual death by the team or its authorized committee or subcommittee, the chairperson of the team or the chairperson's designee is authorized to gather all information pertinent to the review. This information may include, but is not limited to, hospital rec-ords, physician's records, school records, day-care records, autopsy records, child abuse registry, investigation or assessment records, state public assistance records, traffic records, public safety records, law enforcement records, fire marshal's records, birth records, death records, and other relevant records necessary to conduct a complete review.
A person in possession or control of medical, investigative or other information pertaining to a domestic abuse death and domestic abuse death review shall allow the inspection and reproduction of the information by the department upon the request of the department to be used only in the administration and for the duties of the Iowa domestic abuse death review team. Information and records which are confidential under Iowa Code section 22.7 and chapter 235A, and information or records received from the confidential records, remain confidential under this rule. A person does not incur legal liability by reason of releasing information to the department as required under and in compliance with this rule.
641--91.11(77GA,ch1221) Immunity and liability. Review team members and their agents are immune from any liability, civil or criminal, which might otherwise be incurred or imposed as a result of any act, omission, proceeding, decision, or determination undertaken or performed, or recommendation made as a review team member or agent provided that the review team members or agents acted in good faith and without malice in carrying out their official duties in their official capacity. A complainant bears the burden of proof in establishing malice or lack of good faith in an action brought against review team members involving the performance of their duties and powers.
These rules are intended to implement 1998 Iowa Acts, chapter 1221, section 5, subsection 4(10).
[Filed 11/10/98, effective 1/6/99]
[Published 12/2/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 12/2/98.
ARC 8506A
PUBLIC HEALTH DEPARTMENT[641]
Adopted and Filed
Pursuant to the authority of Iowa Code section 147A.4, the Department of Public Health hereby amends Chapter 132, "Emergency Medical Services," and Chapter 139, "Iowa Law Enforcement Emergency Care Provider," Iowa Administrative Code.
The amendments will eliminate the Advanced Cardiac Life Support (ACLS) requirement for physician medical directors and replace it with a medical director workshop sponsored by the Department. The defibrillation tape audit review requirement by an EMS training program will be made an option at the discretion of the medical director, and the data elements required of EMS service programs for reporting are specifically identified.
Iowa's 22 EMS Education Programs and the Iowa EMS Advisory Council gave approval of these amendments on October 13 and 14, 1998.
These amendments were published in the Iowa Administrative Bulletin under Notice of Intended Action as ARC 8359A on September 23, 1998. A public hearing was held on Thursday, October 15, 1998, from 2 to 3 p.m. over the Iowa Communications Network to allow public comment. Seventeen telephone calls and one fax communication were received prior to the hearing. All comments received were supportive and represented EMS providers, county and regional organizations, and physician groups. Twenty-seven people attended the hearing at the six ICN sites. Although the two comments received at the hearing did not oppose the amendments, concern was expressed regarding the lack of a formal clinical component for the medical director workshop, and the fear that without the tape audit, quality assurance would be jeopardized. The amendments remain the same as published under Notice of Intended Action.
The State Board of Health adopted these amendments November 4, 1998.
These amendments will become effective January 6, 1999.
These amendments are intended to implement Iowa Code chapter 147A.
The following amendments are adopted.
ITEM 1. Amend rule 641--132.1(147A) as follows:
Adopt the following new definitions:
"Inclusion criteria" means criteria determined by the department and adopted by reference to determine which patients are to be included in the Iowa EMS service program registry or the trauma registry.
"Reportable patient data" means data elements and definitions determined by the department and adopted by reference to be reported to the Iowa EMS service program registry or the trauma registry or a trauma care facility on patients meeting the inclusion criteria.
Amend the following definitions:
"Medical director" means any physician licensed under Iowa Code chapter 148, 150, or 150A who shall be responsible for overall medical direction of the service program and who ~~holds a current course completion card in ACLS~~ has completed a medical director workshop, sponsored by the department, within one year of assuming duties.
"Supervising physician" means any physician licensed under Iowa Code chapter 148, 150, or 150A ~~who holds a current course completion card in ACLS~~. The supervising physician is responsible for medical direction of emergency medical care personnel when such personnel are providing emergency medical care.
"Training program medical director" means any physician licensed under Iowa Code chapter 148, 150, or 150A who is responsible for directing an emergency medical care training program ~~and who holds a current course completion card in ACLS~~.
ITEM 2. Amend subrule 132.5(5), paragraph "a," as follows:
a. The training program medical director shall be a physician ~~who holds a current course completion card in ACLS~~ licensed under Iowa Code chapter 148, 150, or 150A. It is recommended that the training program medical director complete a medical director workshop sponsored by the department.
ITEM 3. Amend subrule 132.8(2) as follows:
~~132.8(2)~~ Each service program shall complete and maintain accurate records concerning the emergency care provided to each patient. An oral or written report should be given to the receiving hospital to ensure continuity of patient care. The data entered thereon shall be provided, upon request of the department, to the department for statistical and other study purposes, or for verification of compliance with Iowa Code chapter 147A and these rules.
~~In addition, FR, FR-D, EMT-D, EMT-B and EMT-I service programs shall:~~
~~1. Use the defibrillation protocol approved by the department.~~
2. Make simultaneous voice/ECG recordings on each call where cardiopulmonary resuscitation is performed. These recordings shall commence upon arrival at the patient's side and shall not be terminated until patient care is assumed by higher level personnel with appropriate training and equipment.
~~3. Submit a copy of the patient care report and the original voice/ECG recording to the approved training program designated by the medical director within 48 hours of the cardiac arrest.~~
132.8(2) Iowa EMS Service Program Registry Data Dictionary is adopted and incorporated by reference for inclusion criteria and reportable patient data. For any differences which may occur between the adopted reference and this chapter, the administrative rules shall prevail.
a. The Iowa EMS Service Program Registry Data Dictionary is available through the Iowa Department of Public Health, Bureau of Emergency Medical Services, Lucas State Office Building, Des Moines, Iowa 50319-0075.
b. An EMS service program shall:
(1) Submit reportable patient data identified in this subrule via electronic transfer or in writing. Data shall be submitted in a format approved by the department.
(2) Submit reportable patient data identified in this subrule to the department for each calendar quarter. Reportable patient data shall be submitted no later than 90 days after the end of the quarter.
(3) Submit minimum reportable patient data to the hospital upon delivery of the patient or within 24 hours if an immediate emergency response occurs and delays submission. The data shall be submitted in a format approved by the department.
c. The department shall prepare compilations for release or dissemination on all reportable patient data entered into the EMS service program registry during the reporting period. The compilations shall include, but not be limited to, trends and patient care outcomes for local, regional, andstatewide evaluations. The compilations shall be made available to all service programs submitting reportable patient data to the registry.
d. Access and release of reportable patient data and information.
(1) The data collected by and furnished to the department pursuant to this subrule are confidential records of the condition, diagnosis, care, or treatment of patients or former patients, including outpatients, pursuant to Iowa Code section 22.7. The compilations prepared for release or dissemination from the data collected are not confidential under Iowa Code section 22.7, subsection 2. However, information which individually identifies patients shall not be disclosed, and state and federal law regarding patient confidentiality shall apply.
(2) The department may approve requests for reportable patient data for special studies and analysis provided the request has been reviewed and approved by the deputy director of the department with respect to the scientific merit and confidentiality safeguards, and the department has given administrative approval for the proposal. The confidentiality of patients and the EMS service program shall be protected.
(3) The department may require those requesting the data to pay any or all of the reasonable costs associated with furnishing the reportable patient data.
e. To the extent possible, activities under this subrule shall be coordinated with other health data collection methods.
f. Quality assurance.
(1) For the purpose of ensuring the completeness and quality of reportable patient data, the department or authorized representative may examine all or part of the patient's medical records as necessary to verify or clarify all reportable patient data submitted by a service program.
(2) Review of a patient's medical records by the department shall be scheduled in advance with the service program and completed in a timely manner.
g. All EMS service programs shall comply with these rules prior to January 1, 2001. The director, pursuant to Iowa Code section 147A.4, may grant a variance from the requirements of these rules for any service program, provided that the variance is related to undue hardships in complying with this chapter.
ITEM 4. Amend subrule 132.8(10) as follows:
132.8(10) Iowa essential EMS equipment for ambulance and nontransport services.
a. to w. No change.
x. Defibrillator (required, except for basic level services).
1. Automated, portable, battery-operated ~~with voice/ECG recorder~~. (FR-D).
2. Manual or automated, portable, battery-operated ~~with voice/ECG recorder~~. (EMT-D, EMT-B, EMT-I, EMT-P).
~~3. Voice/ECG recorder is optional for EMT-P.~~
y. No change.
ITEM 5. Amend subrule 132.9(6) as follows:
132.9(6) On-line medical direction when provided through a hospital.
a. No change.
b. Hospitals signing an on-line medical direction agreement shall:
(1) Ensure that the supervising physicians or physician designees ~~who are trained and hold a current course completion card in ACLS~~ will be available to provide on-line medical direction via radio communications on a 24-hour-per-day basis.
(2) Identify the service programs for which on-line medical direction will be provided.
(3) Establish written protocols for use by supervising physicians and physician designees who provide on-line medical direction.
(4) Administer a quality assurance program to review orders given. The program shall include a mechanism for the hospital and service program medical directors to discuss and resolve any identified problems.
c. to i. No change.
ITEM 6. Amend subrule 132.16(3) as follows:
132.16(3) PAD service program--application, guidelines, and standards. A public or private nonemergency response business agency may establish an affiliation with an EMS service program if wishing to provide AED coverage in an EMS service program's service area or may apply for authorization as an independent PAD service program. An application is required and may be obtained by contacting the Iowa Department of Public Health, Bureau of EMS, Lucas State Office Building, Des Moines, Iowa 50319-0075. PAD service programs shall:
a. to c. No change.
~~d. Make simultaneous voice/ECG recordings on each call where CPR is performed.~~
~~e. Submit a copy of the patient care report and the original voice/ECG recording to the department or department designee within 48 hours of the cardiac arrest.~~
f. to k. No change.
ITEM 7. Amend subrule 139.6(2) as follows:
139.6(2) Iowa law enforcement AED service program--application, guidelines, and standards. An Iowa law enforcement agency may establish an affiliation with an EMS service program if wishing to provide AED coverage in an EMS service program's service area or may apply for authorization as an independent law enforcement AED service program. An application is required and may be obtained by contacting the Iowa Department of Public Health, Bureau of EMS, Lucas State Office Building, Des Moines, Iowa 50319-0075. Iowa law enforcement AED service programs shall:
a. to c. No change.
~~d. Make simultaneous voice/ECG recordings on each call where CPR is performed.~~
~~e. Submit a copy of the patient care report and the original voice/ECG recording to the department or department designee within 48 hours of the cardiac arrest.~~
f. to j. No change.
[Filed 11/10/98, effective 1/6/99]
[Published 12/2/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 12/2/98.
ARC 8534A
REVENUE AND FINANCE DEPARTMENT[701]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 421.17(19) and 422.68, the Department of Revenue and Finance hereby adopts amendments to Chapter 42, "Adjustments to Computed Tax," and Chapter 52, "Filing Returns, Payment of Tax and Penalty and Interest," Iowa Administrative Code.
Notice of Intended Action was published in IAB, Volume XXI, Number 8, on October 7, 1998, page 702, as ARC 8384A.
Item 1 amends Chapter 42 by adding new rule 42.13(15E) to implement 1998 Iowa Acts, chapter 1179, which creates eligible housing business incentives for individual income tax purposes, one of which is a tax credit for new investment directly related to the building or rehabilitating of housing in a designated enterprise zone.
Item 2 amends Chapter 52 by adding new rule 52.15(15E) to implement 1998 Iowa Acts, chapter 1179, which creates eligible housing business incentives for corporate income tax purposes, one of which is a tax credit for new investment directly related to the building or rehabilitating of housing in a designated enterprise zone.
Public comment was received from Community Housing Initiatives of Spencer, Iowa; however, no changes were made to the rules. These amendments are identical to those published under Notice of Intended Action.
These amendments will become effective January 6, 1999, after filing with the Administrative Rules Coordinator and publication in the Iowa Administrative Bulletin.
These amendments are intended to implement 1998 Iowa Acts, chapter 1179.
The following amendments are adopted.
ITEM 1. Amend 701--Chapter 42 by adding the following new rule:
701--42.13(15E) Eligible housing business tax credit. An individual who qualifies as an eligible housing business may receive a tax credit of up to 10 percent of the new investment which is directly related to the building or rehabilitating of homes in an enterprise zone. The tax credit may be taken on the tax return for the tax year in which the home is ready for occupancy.
An eligible housing business is one which meets the criteria in 1998 Iowa Acts, chapter 1179.
New investment which is directly related to the building or rehabilitating of homes includes but is not limited to the following costs: land, surveying, architectural services, building permits, inspections, interest on a construction loan, building materials, roofing, plumbing materials, electrical materials, amounts paid to subcontractors for labor and materials provided, concrete, labor, landscaping, appliances normally provided with a new home, heating and cooling equipment, millwork, drywall and drywall materials, nails, bolts, screws, and floor coverings.
New investment does not include the machinery, equipment, hand or power tools necessary to build or rehabilitate homes.
A taxpayer may claim on the taxpayer's individual income tax return the pro-rata share of the Iowa eligible housing business tax credit from a partnership, S corporation, limited liability company, estate, or trust. The portion of the credit claimed by the individual shall be in the same ratio as the individual's pro-rata share of the earnings of the partnership, S corporation, limited liability company, or estate or trust.
Any Iowa eligible housing business tax credit in excess of the individual's tax liability, less the credits authorized in Iowa Code sections 422.12 and 422.12B, may be carried forward for seven years or until it is used, whichever is the earlier.
If the eligible housing business fails to maintain the requirements of 1998 Iowa Acts, chapter 1179, to be an eligible housing business, the taxpayer may be required to repay all or a part of the tax incentives the taxpayer received. Irrespective of the fact that the statute of limitations to assess the taxpayer for repayment of the income tax credit may have expired, the department may proceed to collect the tax incentives forfeited by failure to maintain the requirements of 1998 Iowa Acts, chapter 1179. This is because it is a recovery of an incentive, rather than an adjustment to the taxpayer's tax liability.
This rule is intended to implement 1998 Iowa Acts, chapter 1179.
ITEM 2. Amend 701--Chapter 52 by adding the following new rule:
701--52.15(15E) Eligible housing business tax credit. A corporation which qualifies as an eligible housing business may receive a tax credit of up to 10 percent of the new investment which is directly related to the building or rehabilitating of homes in an enterprise zone. The tax credit may be taken on the tax return for the tax year in which the home is ready for occupancy.
An eligible housing business is one which meets the criteria in 1998 Iowa Acts, chapter 1179.
New investment which is directly related to the building or rehabilitating of homes includes but is not limited to the following costs: land, surveying, architectural services, building permits, inspections, interest on a construction loan, building materials, roofing, plumbing materials, electrical materials, amounts paid to subcontractors for labor and materials provided, concrete, labor, landscaping, appliances normally provided with a new home, heating and cooling equipment, millwork, drywall and drywall materials, nails, bolts, screws, and floor coverings.
New investment does not include the machinery, equipment, hand or power tools necessary to build or rehabilitate homes.
A taxpayer may claim on the taxpayer's corporation income tax return the pro-rata share of the Iowa eligible housing business tax credit from a partnership, limited liability company, estate, or trust. The portion of the credit claimed by the taxpayer shall be in the same ratio as the taxpayer's pro-rata share of the earnings of the partnership, limited liability company, or estate or trust.
Any Iowa eligible housing business tax credit in excess of the corporation's tax liability may be carried forward for seven years or until it is used, whichever is the earlier.
If the eligible housing business fails to maintain the requirements of 1998 Iowa Acts, chapter 1179, to be an eligible housing business, the taxpayer may be required to repay all or a part of the tax incentives the business received. Irrespective of the fact that the statute of limitations to assess the taxpayer for repayment of the income tax credit may have expired, the department may proceed to collect the tax incentives forfeited by failure to maintain the requirements of 1998 Iowa Acts, chapter 1179. This is because it is a recovery of an incentive, rather than an adjustment to the taxpayer's tax liability.
This rule is intended to implement 1998 Iowa Acts, chapter 1179.
[Filed 11/13/98, effective 1/6/99]
[Published 12/2/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 12/2/98.

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