Iowa Administrative Bulletin

IOWA ADMINISTRATIVE BULLETIN

Published Biweekly VOLUME XXII NUMBER 5 September 8, 1999 Pages 305 to 392

CONTENTS IN THIS ISSUE

Pages 317 to 386 include ARC 9292A to ARC 9348A

ALL AGENCIES

Schedule for rule making 308

Publication procedures 309

Administrative rules on CD-ROM 309

Agency identification numbers 315

CITATION OF ADMINISTRATIVE RULES 314

COLLEGE STUDENT AID COMMISSION[283]

EDUCATION DEPARTMENT[281]"umbrella"

Filed, Vocational-technical tuition grant
program, 13.1 ARC 9337A 364

Filed, National guard educational assistance
program, 20.1 ARC 9336A 364

Filed, Chiropractic graduate student forgivable
loan program, 32.1 ARC 9338A 365

Filed, Teacher shortage forgivable loan
program, 35.1 ARC 9335A 366

ECONOMIC DEVELOPMENT, IOWA
DEPARTMENT OF[261]

Filed, Certified school to career program,
11.3(10)"b" ARC 9340A 367

Filed, ACE PIAP program, ch 20 ARC 9341A 368

Filed, CDBG program, 23.4(6), 23.6
ARC 9342A
370

Filed, REACH--community attraction and
tourism development program, ch 65
ARC 9343A 371

EDUCATION DEPARTMENT[281]

Notice, Beginning teacher induction program,
ch 83 ARC 9313A 317

Notice, Financial incentives for national board
certification, 84.1 to 84.4 ARC 9316A 317

Notice, Supplementary weighting, ch 97
ARC 9312A 317

Filed Emergency, Beginning teacher induction
program, ch 83 ARC 9315A 351

Filed Emergency, Financial incentives for national
board certification, 84.1 to 84.4 ARC 9314A 352

Filed Emergency, Supplementary weighting,
ch 97 ARC 9318A 354

EXECUTIVE DEPARTMENT

Proclamations of disaster emergency 387

HUMAN SERVICES DEPARTMENT[441]

Filed, Mental health institutes; state hospital-
schools, 29.3, 30.2 ARC 9292A 371

Filed, FIP and FMAP; Medicaid eligibility for
children, 40.25, 75.1, 75.13, 75.52(1),
75.56(1), 76.2(1), 76.3, 76.4(3), 83.2(1)
ARC 9295A 372

Filed, Child care assistance, 41.24(10), 41.27,
41.28(1), 49.36, 93.108(2), 93.110, 93.113,
93.114, 93.132, 93.151, 93.152 ARC 9296A 372

Filed Emergency After Notice, Subsidized
guardianship program, 75.1(11), ch 204
ARC 9300A 355

Filed, Medicaid payment for hearing aids, 78.14
ARC 9301A 375

Filed, Medicaid reimbursement rates; nursing
facilities eligibility, 79.1, 81.6, 81.22(2)
ARC 9302A 376

Filed, Child day care services, 130.2 to 130.5,
170.1 to 170.4, 170.8 ARC 9303A 377

Filed, Rehabilitative treatment and support service
providers, 150.3(5), 150.22(7), 185.101,
185.112 ARC 9304A 378

Filed, Foster family care and adoption payment
rates, 156.6 ARC 9305A 379

Filed, Foster home insurance fund, 158.1(1),
158.2 ARC 9306A 380

Filed, Foster care project grants, rescind ch 164
ARC 9307A 380

Filed, Funding for empowerment areas, 169.1,
169.3(1), 169.4, 169.5(1), 169.9 ARC 9308A 381

Filed, PMICs; regional group foster care,
202.16, 202.17 ARC 9309A 381

INSURANCE DIVISION[191]

COMMERCE DEPARTMENT[181]"umbrella"

Notice, Valuation of life insurance policies,
ch 47 ARC 9345A 318

Notice Terminated, Securities, 50.81 to 50.88
ARC 9347A 332

INSURANCE DIVISION[191](Cont'd)
Filed, Annuity mortality tables for use in
determining reserve liabilities for annuities,
ch 43 ARC 9344A 382

NATURAL RESOURCE COMMISSION[571]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Notice, Boating accident reports, 42.2
ARC 9328A 332

Notice, Shooting ranges on game management
areas, 51.3(1) ARC 9327A 332

Notice, Sport fishing, 81.1, 81.2 ARC 9326A 333

Notice, Nonresident deer hunting, 94.7
ARC 9324A 334

Notice, Wild turkey spring hunting, 98.1(1),
98.2, 98.3, 98.5, 98.10, 98.13(2), 98.14, 98.16
ARC 9322A 335

Notice, Deer shooting permits, 106.11(4)
ARC 9323A
337

Filed Emergency After Notice, Blufflands
protection program and revolving loan
fund, ch 24 ARC 9331A 357

Filed Emergency After Notice, Local recreation
infrastructure grants program, 29.7(4)
ARC 9333A 359

Filed Emergency After Notice, Water recreation
access cost-share program, 30.14 ARC 9334A 359

Filed, Boating speed and distance zoning--
McGregor, 40.47 ARC 9329A 383

Filed, Vessel storage fees; Lake Manawa State
Park, 61.3(5), 61.6(11) ARC 9332A 384

Filed, Nursery stock sale to the public, 71.3
ARC 9330A 384

Filed Emergency After Notice, Waterfowl and
coot hunting seasons, 91.1, 91.3, 91.4(2),
91.6 ARC 9325A 360

NURSING BOARD[655]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Filed, Licensure fees, 3.1 ARC 9320A 385

PERSONNEL DEPARTMENT[581]

Notice, Benefits, 15.1(3), 15.8 ARC 9297A 337

Filed, General, 1.1, 3.1(2), 3.7, 4.5, 4.6(12), 4.8(1),
4.9(5), 5.5(2), 8.5, 9.2(2), 9.3 to 9.7, 12.2(6),
14.2(2), 14.3(10), 14.4(14), 14.5(5), 14.7,
14.8(1), 17.14, 17.15(6), 19.1 ARC 9299A 385

Filed Emergency, Benefits, 15.1(3), 15.8
ARC 9298A 361

PHARMACY EXAMINERS BOARD[657]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Filed Emergency, Controlled substances,
10.20 to 10.22 ARC 9317A 362

PROFESSIONAL LICENSURE DIVISION[645]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Notice, Nursing home administrators, 141.5,
141.6, 141.11, 143.1, 143.2(2), 143.4(1)
ARC 9339A 338

PUBLIC HEARINGS

Summarized list 310

REVENUE AND FINANCE DEPARTMENT[701]

Notice, Motor fuel, L.P.G. and C.N.G. tax,
67.1 to 67.3, 67.5, 67.11, 67.15,
67.17, 67.18, 67.21(1), 67.23(4), 67.24,
67.26, 68.2(2), 68.5, 68.8(5), 68.9(6),
68.12, 69.2, 69.4(2), 69.8, 69.13(2), 69.15
ARC 9346A
339

SCHOOL BUDGET REVIEW COMMITTEE[289]

EDUCATION DEPARTMENT[281]"umbrella"

Notice, On-time funding for increased
enrollment, ch 7 ARC 9311A 342

SECRETARY OF STATE[721]

Notice, Annual agricultural landholding report,
4.2(4) ARC 9348A 344

Notice, Local option tax elections, 21.800(4),
21.803(4) ARC 9293A 344

Filed Emergency, Local option tax elections,
21.800(4), 21.803(4) ARC 9294A 362

TRANSPORTATION DEPARTMENT[761]

Notice, Vehicle registration and certificate of
title; motor vehicle and travel trailer dealers,
manufacturers, distributors and wholesalers,
400.3(2), 400.4(3), 400.5(2), 400.8,
400.12, 400.28, 400.61(5), 425.3, 425.30,
425.31, 425.50, 425.51, 425.53 ARC 9319A 344

Notice, Vehicle transfer, 400.14(1) ARC 9310A 347

Notice, Special registration plates, 401.2(1),
401.6 to 401.12, 401.16, 401.17(3), 401.19
to 401.25, 401.27 to 401.31 ARC 9321A 347

USURY

Notice 350

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, Deputy 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.

July 1, 1999, to June 30, 2000 $253.86 plus $12.69 sales tax

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 - $1,163.76 plus $58.19 sales tax

(Price includes 22 volumes of rules and index, plus a one-year subscription to the Code Supplement and the Iowa Administrative Bulletin.)

Iowa Administrative Code Supplement - $409.24 plus $20.46 sales tax

(Subscription expires June 30, 2000)

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

Customer Service Center

Department of General Services

Hoover State Office Building, Level A

Des Moines, IA 50319

Telephone: (515)242-5120

Schedule for Rule Making
1999

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. 25 '98
Jan. 13 '99
Feb. 2 '99
Feb. 17 '99
Feb. 19 '99
Mar. 10 '99
Apr. 14 '99
July 12 '99
Jan. 8
Jan. 27
Feb. 16
Mar. 3
Mar. 5
Mar. 24
Apr. 28
July 26
Jan. 22
Feb. 10
Mar. 2
Mar. 17
Mar. 19
Apr. 7
May 12
Aug. 9
Feb. 5
Feb. 24
Mar. 16
Mar. 31
Apr. 2
Apr. 21
May 26
Aug. 23
Feb. 19
Mar. 10
Mar. 30
Apr. 14
Apr. 16
May 5
June 9
Sept. 6
Mar. 5
Mar. 24
Apr. 13
Apr. 28
Apr. 30
May 19
June 23
Sept. 20
Mar. 19
Apr. 7
Apr. 27
May 12
May 14
June 2
July 7
Oct. 4
Apr. 2
Apr. 21
May 11
May 26
May 28
June 16
July 21
Oct. 18
Apr. 16
May 5
May 25
June 9
June 11
June 30
Aug. 4
Nov. 1
Apr. 30
May 19
June 8
June 23
June 25
July 14
Aug. 18
Nov. 15
May 14
June 2
June 22
July 7
July 9
July 28
Sept. 1
Nov. 29
May 28
June 16
July 6
July 21
July 23
Aug. 11
Sept. 15
Dec. 13
June 11
June 30
July 20
Aug. 4
Aug. 6
Aug. 25
Sept. 29
Dec. 27
June 25
July 14
Aug. 3
Aug. 18
Aug. 20
Sept. 8
Oct. 13
Jan. 10 '00
July 9
July 28
Aug. 17
Sept. 1
Sept. 3
Sept. 22
Oct. 27
Jan. 24 '00
July 23
Aug. 11
Aug. 31
Sept. 15
Sept. 17
Oct. 6
Nov. 10
Feb. 7 '00
Aug. 6
Aug. 25
Sept. 14
Sept. 29
Oct. 1
Oct. 20
Nov. 24
Feb. 21 '00
Aug. 20
Sept. 8
Sept. 28
Oct. 13
Oct. 15
Nov. 3
Dec. 8
Mar. 6 '00
Sept. 3
Sept. 22
Oct. 12
Oct. 27
Oct. 29
Nov. 17
Dec. 22
Mar. 20 '00
Sept. 17
Oct. 6
Oct. 26
Nov. 10
Nov. 12
Dec. 1
Jan. 5 '00
Apr. 3 '00
Oct. 1
Oct. 20
Nov. 9
Nov. 24
Nov. 26
Dec. 15
Jan. 19 '00
Apr. 17 '00
Oct. 15
Nov. 3
Nov. 23
Dec. 8
Dec. 10
Dec. 29
Feb. 2 '00
May 1 '00
Oct. 29
Nov. 17
Dec. 7
Dec. 22
Dec. 24
Jan. 12 '00
Feb. 16 '00
May 15 '00
Nov. 12
Dec. 1
Dec. 21
Jan. 5 '00
Jan. 7 '00
Jan. 26 '00
Mar. 1 '00
May 29 '00
Nov. 26
Dec. 15
Jan. 4 '00
Jan. 19 '00
Jan. 21 '00
Feb. 9 '00
Mar. 15 '00
June 12 '00
Dec. 10
Dec. 29
Jan. 18 '00
Feb. 2 '00
Feb. 4 '00
Feb. 23 '00
Mar. 29 '00
June 26 '00
Dec. 24
Jan. 12 '00
Feb. 1 '00
Feb. 16 '00
Feb. 18 '00
Mar. 8 '00
Apr. 12 '00
July 10 '00
Jan. 7 '00
Jan. 26 '00
Feb. 15 '00
Mar. 1 '00
Mar. 3 '00
Mar. 22 '00
Apr. 26 '00
July 24 '00

PRINTING SCHEDULE FOR IAB


ISSUE NUMBER
SUBMISSION DEADLINE
ISSUE DATE
7
Friday, September 17, 1999
October 6, 1999
8
Friday, October 1, 1999
October 20, 1999
9
Friday, October 15, 1999
November 3, 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, 1st 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.

______________________

IOWA ADMINISTRATIVE RULES and IOWA COURT RULES on CD-ROM

1999 SUMMER EDITION

Containing: Iowa Administrative Code (updated through June 1999)
Iowa Administrative Bulletins
(January 1999 through June 1999)
Iowa Court Rules
(updated through June 1999)

For free brochures and order forms contact:

Legislative Service Bureau
Attn: Ms. Stephanie Cox
State Capitol
Des Moines, Iowa 50319
Telephone: (515)281-3566 Fax: (515)281-8027
lsbinfo@legis.state.ia.us

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

DENTAL EXAMINERS BOARD[650]


Continuing education,
25.3
IAB 8/11/99 ARC 9275A
Conference Room--2nd Floor
Executive Hills West
1209 E. Court Ave.
Des Moines, Iowa
September 8, 1999
1 p.m.
EDUCATION DEPARTMENT[281]


Beginning teacher induction program,
ch 83
IAB 9/8/99 ARC 9313A
(See also ARC 9315A herein)
(ICN Network)

ICN Room--2nd Floor
Grimes State Office Bldg.
Des Moines, Iowa
(Origination site)
October 4, 1999
4 to 6 p.m.

East Union Jr/Sr High School
1916 High School Dr.
Afton, Iowa
October 4, 1999
4 to 6 p.m.

ICN Classroom 13
Algona Attendance Center
Iowa Lakes Community College
2111 Hwy. 169 N.
Algona, Iowa
October 4, 1999
4 to 6 p.m.

Room 8, Bldg. 6
Des Moines Area Community College
2006 S. Ankeny Blvd.
Ankeny, Iowa
October 4, 1999
4 to 6 p.m.

Louisa Room
Mississippi Bend AEA 9
729 21st St.
Bettendorf, Iowa
October 4, 1999
4 to 6 p.m.

Room 108
Great River AEA 16
1200 University
Burlington, Iowa
October 4, 1999
4 to 6 p.m.

ICN Classroom 1
AEA 7
3712 Cedar Heights Dr.
Cedar Falls, Iowa
October 4, 1999
4 to 6 p.m.

ICN Classroom 106A
Washington High School
2205 Forest Dr. SE
Cedar Rapids, Iowa
October 4, 1999
4 to 6 p.m.

Room 111
Charles City High School
1 Comet Dr.
Charles City, Iowa
October 4, 1999
4 to 6 p.m.
EDUCATION DEPARTMENT[281] (Cont'd)
ICN Network




Media Center
Lewis Central High School
Hwy. 275
Council Bluffs, Iowa
October 4, 1999
4 to 6 p.m.

Senior High School
404 Park Ave.
Dows, Iowa
October 4, 1999
4 to 6 p.m.

ICN Classroom
Keystone AEA 1
1400 2nd St. SW
Elkader, Iowa
October 4, 1999
4 to 6 p.m.

Reg Johnson Hall 105
Ellsworth Community College
1100 College Ave.
Iowa Falls, Iowa
October 4, 1999
4 to 6 p.m.

ICN Classroom
Southern Prairie AEA 15
2814 N. Court St.
Ottumwa, Iowa
October 4, 1999
4 to 6 p.m.

ICN Classroom 103
AEA 4
1382 4th Ave.
Sioux Center, Iowa
October 4, 1999
4 to 6 p.m.

Individual Learning Center
Central Campus
1121 Jackson St.
Sioux City, Iowa
October 4, 1999
4 to 6 p.m.
Financial incentives for national
board certification,
84.1 to 84.4
IAB 9/8/99 ARC 9316A
(See also ARC 9314A herein)
State Board Room--2nd Floor
Grimes State Office Bldg.
Des Moines, Iowa
September 28, 1999
9 a.m.
Supplementary weighting,
ch 97
IAB 9/8/99 ARC 9312A
(See also ARC 9318A herein)
ICN Room--2nd Floor
Grimes State Office Bldg.
Des Moines, Iowa
September 29, 1999
9:45 a.m.

All AEAs in the state of Iowa
(ICN Network)
September 29, 1999
9:45 a.m.

State Board Room--2nd Floor
Grimes State Office Bldg.
Des Moines, Iowa
September 29, 1999
1 p.m.
INSURANCE DIVISION[191]


Valuation of life insurance policies,
ch 47
IAB 9/8/99 ARC 9345A
330 Maple St.
Des Moines, Iowa
September 28, 1999
10 a.m.
Viatical settlement contracts,
50.120 to 50.124
IAB 8/11/99 ARC 9273A
330 E. Maple St.
Des Moines, Iowa
September 8, 1999
10 a.m.
LABOR SERVICES DIVISION[875]


Report of injury form--filing by
facsimile,
4.4, 4.19
IAB 8/25/99 ARC 9287A
1000 E. Grand Ave.
Des Moines, Iowa
September 22, 1999
2 p.m.
(If requested)
Discrimination against employees,
9.4
IAB 8/25/99 ARC 9286A
1000 E. Grand Ave.
Des Moines, Iowa
September 22, 1999
1 p.m.
(If requested)
General industry safety and health,
10.20
IAB 8/25/99 ARC 9288A
1000 E. Grand Ave.
Des Moines, Iowa
September 22, 1999
2 p.m.
(If requested)
Construction safety and health,
26.1
IAB 8/25/99 ARC 9290A
1000 E. Grand Ave.
Des Moines, Iowa
September 22, 1999
2 p.m.
(If requested)
Employment agency licensing,
38.1 to 38.10
IAB 8/25/99 ARC 9289A
1000 E. Grand Ave.
Des Moines, Iowa
September 22, 1999
1 p.m.
(If requested)
NATURAL RESOURCE COMMISSION[571]


Boating accidents--reports,
42.2
IAB 9/8/99 ARC 9328A
Conference Room--4th Floor West
Wallace State Office Bldg.
Des Moines, Iowa
September 29, 1999
10 a.m.
Game management areas,
51.3(1)
IAB 9/8/99 ARC 9327A
Conference Room--4th Floor West
Wallace State Office Bldg.
Des Moines, Iowa
September 29, 1999
9 a.m.
Sport fishing,
81.1, 81.2
IAB 9/8/99 ARC 9326A
Community Room
Farmers and Merchants Savings Bank
201 W. Main
Waukon, Iowa
October 4, 1999
7 p.m.

Basement Room
Frontier Bank Bldg.
Rock Rapids, Iowa
October 19, 1999
7 p.m.
Nonresident deer hunting--handguns,
94.7
IAB 9/8/99 ARC 9324A
Conference Room--4th Floor West
Wallace State Office Bldg.
Des Moines, Iowa
September 28, 1999
10 a.m.
Wild turkey spring hunting,
98.1(1), 98.2, 98.3, 98.5, 98.10,
98.13(2), 98.14, 98.16
IAB 9/8/99 ARC 9322A
Conference Room--4th Floor West
Wallace State Office Bldg.
Des Moines, Iowa
October 12, 1999
10 a.m.
Deer hunting,
106.11(4)
IAB 9/8/99 ARC 9323A
Conference Room--4th Floor West
Wallace State Office Bldg.
Des Moines, Iowa
September 28, 1999
10 a.m.
PERSONNEL DEPARTMENT[581]


Benefits,
15.1(3), 15.5
IAB 9/8/99 ARC 9297A
(See also ARC 9298A herein)
North Conference Room--1st Floor
Grimes State Office Bldg.
Des Moines, Iowa
September 28, 1999
1 p.m.
PROFESSIONAL LICENSURE DIVISION[645]


Nursing home administrators,
141.5, 141.6, 141.11,
143.1, 143.2(2), 143.4(1)
IAB 9/8/99 ARC 9339A
Board Conference Room--5th Floor
Lucas State Office Bldg.
Des Moines, Iowa
September 30, 1999
10 a.m. to 12 noon
SCHOOL BUDGET REVIEW COMMITTEE[289]


On-time funding for increased
enrollment, ch 7
IAB 9/8/99 ARC 9311A
ICN Room--2nd Floor
Grimes State Office Bldg.
Des Moines, Iowa
September 28, 1999
12:30 p.m.

All AEAs in the state of Iowa
(ICN Network)
September 28, 1999
12:30 p.m.

State Board Room--2nd Floor
Grimes State Office Bldg.
Des Moines, Iowa
September 28, 1999
2:30 p.m.
SECRETARY OF STATE[721]


Forms--annual agricultural
landholding report, 4.2(4)
IAB 9/8/99 ARC 9348A
O'Connor Conference Room
Hoover State Office Bldg.--2nd Floor
Des Moines, Iowa
September 28, 1999
10 to 10:30 a.m.
Local option tax elections,
21.800(4), 21.803(4)
IAB 9/8/99 ARC 9293A
(See also ARC 9294A herein)
Office of Secretary of State
Hoover State Office Bldg.--2nd Floor
Des Moines, Iowa
September 28, 1999
1:30 p.m.
TRANSPORTATION DEPARTMENT[761]


Vehicle registration and certificate of
title; motor vehicle and travel
trailer dealers, manufacturers,
distributors and wholesalers,
400.3(2), 400.4(3), 400.5(2), 400.8,
400.12, 400.28, 400.61(5), 425.3,
425.30, 425.31, 425.50, 425.53
IAB 9/8/99 ARC 9319A
Conference Room
Lower Level
Park Fair Mall
100 Euclid Ave.
Des Moines, Iowa
September 30, 1999
10:30 a.m.
(If requested)
Transfer of vehicle owned by
more than one person,
400.14(1)
IAB 9/8/99 ARC 9310A
Conference Room
Lower Level
Park Fair Mall
100 Euclid Ave.
Des Moines, Iowa
September 30, 1999
10 a.m.
(If requested)
Special registration plates,
401.2(1), 401.6 to 401.12, 401.16,
401.17(3), 401.19, 401.20(1),
401.21 to 401.25, 401.27 to 401.31
IAB 9/8/99 ARC 9321A
Conference Room
Lower Level
Park Fair Mall
100 Euclid Ave.
Des Moines, Iowa
September 30, 1999
11 a.m.
(If requested)
UTILITIES DIVISION[199]


U S WEST communications,
IAB 8/11/99 ARC 9266A
Board Hearing Room
350 Maple St.
Des Moines, Iowa
October 12, 1999
10 a.m.
Rule-making procedures,
1.3, 3.1 to 3.11
IAB 8/11/99 ARC 9272A
Board Hearing Room
350 Maple St.
Des Moines, Iowa
September 15, 1999
10 a.m.
Unauthorized changes of
telecommunications service,
6.8, 22.23
IAB 8/11/99 ARC 9267A
Board Hearing Room
350 Maple St.
Des Moines, Iowa
October 21, 1999
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]

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 African-Americans, Division on the[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 9313A

EDUCATION DEPARTMENT[281]

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 256.7(5), the State Board of Education hereby gives Notice of Intended Action to adopt Chapter 83, "Beginning Teacher Induction Program," Iowa Administrative Code.

This chapter establishes a grant program designed to assist school districts in the induction of beginning teachers and provides guidelines for the application and award process. The program was established by the Seventy-eighth General Assembly in 1999 Iowa Acts, Senate File 464, section 23.

Any interested party may make written or oral comments on the proposed rules on or before October 4, 1999. Comments should be directed to Mary Beth Schroeder Fracek, Special Projects Coordinator, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319- 0145; telephone (515)281-3160; fax (515)242-6025.

Persons may also present their views orally at a public hearing which will be held on October 4, 1999, from 4 to 6 p.m. 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 new chapter. The hearing will be held over the ICN at the following sites:

Des Moines -- Grimes Building (Origination Site)

Afton -- East Union High School

Algona -- Community College

Ankeny -- Community College

Bettendorf -- Area Education Agency

Burlington -- Area Education Agency

Cedar Falls -- Area Education Agency (CART)

Cedar Rapids -- Washington High School

Charles City -- High School

Council Bluffs -- Lewis Central High School

Dows -- High School

Elkader -- Area Education Agency

Iowa Falls -- Community College

Ottumwa -- Area Education Agency

Sioux Center -- Area Education Agency

Sioux City -- Central Campus

Any person who intends to attend a public hearing and requires special accommodations for specific needs, such as a sign language interpreter, should contact the Division of Early Childhood, Elementary and Secondary Education, (515) 281-3333, no later than September 29, 1999.

1999 Iowa Acts, Senate File 464, section 45, authorizes the emergency adoption and filing of these rules. Therefore, these rules were also Adopted and Filed Emergency and are published herein as ARC 9315A. The content of that submission is incorporated by reference.

These rules are intended to implement 1999 Iowa Acts, Senate File 464, sections 22 to 26.

ARC 9316A

EDUCATION DEPARTMENT[281]

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 256.7(5), the State Board of Education hereby gives Notice of Intended Action to amend Chapter 84, "Financial Incentives for National Board Certification," Iowa Administrative Code.

This chapter contains two financial incentive pilot programs for Iowa teachers receiving National Board Certification (NBC) and provides guidelines to administer both pilot programs. The proposed amendments reflect the statutory changes made by the Seventy-eighth General Assembly in 1999 Iowa Acts, House File 766. The purpose of these amendments is to allow eligible teachers to be knowledgeable about the statutory changes.

Any interested party may make written or oral comments on the proposed amendments on or before September 28, 1999. Comments should be directed to Ann McCarthy, Policy Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319-0145; telephone (515)281-5296; fax (515)281-4122.

A public hearing will be held on September 28, 1999, at9 a.m. in the State Board Room, Second Floor, Grimes State Office Building, Des Moines, Iowa, at which time persons may present their views.

1999 Iowa Acts, House File 766, authorizes the emergency adoption of these amendments. Therefore, these amendments were also Adopted and Filed Emergency and are published herein as ARC 9314A. The content of that submission is incorporated by reference.

These amendments are intended to implement Iowa Code section 256.44 as amended by 1999 Iowa Acts, House File 766.

ARC 9312A

EDUCATION DEPARTMENT[281]

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 256.7(5) and 17A.3 as amended by 1998 Iowa Acts, chapter 1202, the State Board of Education hereby gives Notice of Intended Action to adopt Chapter 97, "Supplementary Weighting," Iowa Administrative Code.

The proposed rules incorporate attorney general opinions and uniform practices in the reporting of students for supplementary weighting.

Any interested person may submit written comments on or before September 29, 1999, by addressing them to Lee Tack, Administrator, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319-0146, or by fax (515)242-5988. Comments should be restricted to the subject of the proposed rules.

There will be a public hearing over the ICN on September 29, 1999, beginning at 9:45 a.m. at which persons may present their comments orally. Sites will be available in each AEA and in the ICN Room, Second Floor, Grimes State Office Building, Des Moines, Iowa. There will be a second public hearing on September 29, 1999, beginning at 1 p.m. in the State Board Room, Second Floor, Grimes State Office Building, Des Moines, Iowa, at which persons may present their comments orally and in writing. At the hearings, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed rules. Any persons who intend to attend a public hearing and have special requirements such as hearing or mobility impairments should contact the Department of Education and advise of the specific needs prior to September 17, 1999.

These rules were also Adopted and Filed Emergency and are published herein as ARC 9318A. The content of that submission is incorporated by reference.

These rules are intended to implement Iowa Code sections 257.6, 257.11, and 257.12.

ARC 9345A

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 508.36(3)"a"(3)(c), the Insurance Division hereby gives Notice of Intended Action to adopt Chapter 47, "Valuation of Life Insurance Policies," Iowa Administrative Code.

This new chapter establishes rules concerning the valuation of plans with nonlevel premiums or benefits and the valuation of universal life products with secondary guarantees. Additionally, the proposed administrative rules contain new tables of select mortality factors.

Any interested person may make written suggestions or comments on the proposed rules on or before September 30, 1999. Such written materials should be directed to Kimberlee Cross, Insurance Division, Department of Commerce, 330 Maple Street, Des Moines, Iowa 50319, or may be transmitted via facsimile to (515)281-3059.

A public hearing will be held on September 28, 1999, at10 a.m. at the Insurance Division, 330 Maple Street, Des Moines, Iowa 50319.

These rules are intended to implement Iowa Code section 508.36(6)"c."

The following new chapter is proposed.

CHAPTER 47
VALUATION OF LIFE INSURANCE POLICIES
(Including New Select Mortality Factors)

191--47.1(508) Purpose. The purpose of this chapter is to provide tables of select mortality factors and rules for their use, rules concerning a minimum standard for the valuation of plans with nonlevel premiums or benefits, and rules concerning a minimum standard for the valuation of plans with secondary guarantees. The method for calculating basic reserves defined in this chapter will constitute the commissioners' reserve valuation method for policies to which this chapter is applicable. This chapter is issued under the authority of Iowa Code section 508.36(3)"a"(3)(c) and is intended to implement Iowa Code section 508.36(6)"c."

191--47.2(508) Application. This chapter shall apply to all life insurance policies, with or without nonforfeiture values, issued on or after January 1, 2000, subject to the following exceptions and conditions.

47.2(1) This chapter shall not apply to any of the following:

a. Any individual life insurance policy issued on or after January 1, 2000, if the policy is issued in accordance with and as a result of the exercise of a reentry provision contained in the original life insurance policy of the same or greater face amount, issued before January 1, 2000, that guarantees the premium rates of the new policy. This chapter shall also not apply to subsequent policies issued as a result of the exercise of such a provision, or a derivation of the provision, in the new policy.

b. Any universal life policy that meets all the following requirements:

(1) Secondary guarantee period, if any, is five years or less;

(2) Specified premium for the secondary guarantee period is not less than the net level reserve premium for the secondary guarantee period based on the CSO valuation tables as defined in rule 47.3(508) and the applicable valuation interest rate; and

(3) The initial surrender charge is not less than 100 percent of the first year annualized specified premium for the secondary guarantee period.

c. Any variable life insurance policy that provides for life insurance, the amount or duration of which varies according to the investment experience of any separate account or accounts.

d. Any variable universal life insurance policy that provides for life insurance, the amount or duration of which varies according to the investment experience of any separate account or accounts.

e. A group life insurance certificate unless the certificate provides for a stated or implied schedule of maximum gross premiums required in order to continue coverage in force for a period in excess of one year.

47.2(2) Conditions.

a. Calculation of the minimum valuation standard for policies with guaranteed nonlevel gross premiums or guaranteed nonlevel benefits (other than universal life policies), or both, shall be in accordance with the provisions of rule 47.5(508).

b. Calculation of the minimum valuation standard for flexible premium and fixed premium universal life insurance policies that contain provisions resulting in the ability of a policyholder to keep a policy in force over a secondary guarantee period shall be in accordance with the provisions of rule 47.6(508).

191--47.3(508) Definitions. As used in this chapter, the following definitions apply:

"Basic reserves" means reserves calculated in accordance with Iowa Code section 508.36(6).

"Contract segmentation method" means the method of dividing the period from issue to mandatory expiration of a policy into successive segments, with the length of each segment being defined as the period from the end of the prior segment (from policy inception, for the first segment) to the end of the latest policy year as determined below. All calculations are made using the 1980 CSO valuation tables, as defined in this rule (or any other valuation mortality table adopted by the National Association of Insurance Commissioners (NAIC) after January 1, 2000, and promulgated by rule by the commissioner for this purpose), and, if elected, the optional minimum mortality standard for deficiency reserves stipulated in subrule 47.4(2).

The length of a particular contract segment shall be set equal to the minimum of the value t for which Gt is greater than Rt (if Gt never exceeds Rt, the segment length is deemed to be the number of years from the beginning of the segment to the mandatory expiration date of the policy), where Gt and Rt are defined as follows:

Gt
=
GPx+k+t






GPx+k+t-1




where:

x = original issue age;

k = the number of years from the date of issue to the beginning of the segment;

t = 1, 2, ...; t is reset to 1 at the beginning of each segment;

GPx+k+t-1 = Guaranteed gross premium per thousand of face amount for year t of the segment, ignoring policy fees only if level for the premium paying period of the policy.

Rt
=
qx+k+t

, However, Rt may be increased or decreased by
1 percent in any policy year, at the company's option, but Rt shall not be less than one;




qx+k+t-1











where:

x, k and t are as defined above, and

qx+k+t-1 = valuation mortality rate for deficiency
reserves in policy year k+t but using the mortality of paragraph 47.4(2)"b" if
paragraph 47.4(2)"c" is elected for
deficiency reserves.

However, if GPx+k+t is greater than 0 and GPx+k+t-1 is equal to 0, Gt shall be deemed to be 1000. If GPx+k+t and GPx+k+t-1 are both equal to 0, Gt shall be deemed to be 0.

"Deficiency reserves" means the excess, if greater than zero, of

1. Minimum reserves calculated in accordance with Iowa Code section 508.36(10) over

2. Basic reserves.

"Guaranteed gross premiums" means the premiums under a policy of life insurance that are guaranteed and determined at issue.

"Maximum valuation interest rates" means the interest rates defined in Iowa Code section 508.36(5) that are to be used in determining the minimum standard for the valuation of life insurance policies.

"1980 CSO valuation tables" means the Commissioners' 1980 Standard Ordinary Mortality Table (1980 CSO Table) without ten-year selection factors, incorporated into the 1980 amendments to the NAIC Standard Valuation Law, and variations of the 1980 CSO Table approved by the NAIC, such as the smoker and nonsmoker versions approved in December 1983.

"Scheduled gross premium" means the smallest illustrated gross premium at issue for other than universal life insurance policies. For universal life insurance policies, scheduled gross premium means the smallest specified premium described in paragraph 47.6(1)"c," if any, or else the minimum premium described in paragraph 47.6(1)"d."

"Segmented reserves" means reserves, calculated using segments produced by the contract segmentation method, equal to the present value of all future guaranteed benefits less the present value of all future net premiums to the mandatory expiration of a policy, where the net premiums within each segment are a uniform percentage of the respective guaranteed gross premiums within the segment. The uniform percentage for each segment is such that, at the beginning of the segment, the present value of the net premiums within the segment equals:

1. The present value of the death benefits within the segment, plus

2. The present value of any unusual guaranteed cash value (see subrule 47.5(4)) occurring at the end of the segment, less

3. Any unusual guaranteed cash value occurring at the start of the segment, plus

4. For the first segment only, the excess of "a" over "b" below, as follows:

a. A net level annual premium equal to the present value, at the date of issue, of the benefits provided for in the first segment after the first policy year, divided by the present value, at the date of issue, of an annuity of one per year payable on the first and each subsequent anniversary within the first segment on which a premium falls due. However, the net level annual premium shall not exceed the net level annual premium on the 19-year premium whole life plan of insurance of the same renewal year equivalent level amount at an age one year higher than the age at issue of the policy.

b. A net one-year term premium for the benefits provided for in the first policy year.

The length of each segment is determined by the "contract segmentation method," as defined in this rule. The interest rates used in the present value calculations for any policy may not exceed the maximum valuation interest rate, determined with a guarantee duration equal to the sum of the lengths of all segments of the policy.

For both basic reserves and deficiency reserves computed by the segmented method, present values shall include future benefits and net premiums in the current segment and in all subsequent segments.

"Tabular cost of insurance" means the net single premium at the beginning of a policy year for one-year term insurance in the amount of the guaranteed death benefit in that policy year.

"Ten-year select factors" means the select factors adopted with the 1980 amendments to the NAIC Standard Valuation Law.

"Unitary reserves" means the present value of all future guaranteed benefits less the present value of all future modified net premiums, where:

1. Guaranteed benefits and modified net premiums are considered to the mandatory expiration of the policy; and

2. Modified net premiums are a uniform percentage of the respective guaranteed gross premiums, where the uniform percentage is such that, at issue, the present value of the net premiums equals the present value of all death benefits and pure endowments, plus the excess of "a" over "b" below, as follows:

a. A net level annual premium equal to the present value, at the date of issue, of the benefits provided for after the first policy year, divided by the present value, at the date of issue, of an annuity of one per year payable on the first and each subsequent anniversary of the policy on which a premium falls due. However, the net level annual premium shall not exceed the net level annual premium on the 19-year premium whole life plan of insurance of the same renewal year equivalent level amount at an age one year higher than the age at issue of the policy.

b. A net one-year term premium for the benefits provided for in the first policy year.

The interest rates used in the present value calculations for any policy may not exceed the maximum valuation interest rate, determined with a guarantee duration equal to the length from issue to the mandatory expiration of the policy.

"Universal life insurance policy" means any individual life insurance policy under the provisions of which separately identified interest credits (other than in connection with dividend accumulations, premium deposit funds, or other supplementary accounts) and mortality or expense charges are made to the policy.

191--47.4(508) General calculation requirements for basic reserves and premium deficiency reserves.

47.4(1) At the election of the company for any one or more specified plans of life insurance, the minimum mortality standard for basic reserves may be calculated using the 1980 CSO valuation tables with select mortality factors (or any other valuation mortality table adopted by the NAIC after January 1, 2000, and promulgated by rule by the commissioner for this purpose). If select mortality factors are elected, they may be:

a. The ten-year select mortality factors incorporated into the 1980 amendments to the NAIC Standard Valuation Law;

b. The select mortality factors in the appendix to this chapter; or

c. Any other table of select mortality factors adopted by the NAIC after January 1, 2000, and promulgated by rule by the commissioner for the purpose of calculating basic reserves.

47.4(2) Deficiency reserves, if any, are calculated for each policy as the excess, if greater than zero, of the quantity A over the basic reserve. The quantity A is obtained by recalculating the basic reserve for the policy using guaranteed gross premiums instead of net premiums when the guaranteed gross premiums are less than the corresponding net premiums. At the election of the company for any one or more specified plans of insurance, the quantity A and the corresponding net premiums used in the determination of quantity A may be based upon the 1980 CSO valuation tables with select mortality factors (or any other valuation mortality table adopted by the NAIC after January 1, 2000, and promulgated by rule by the commissioner). If select mortality factors are elected, they may be:

a. The ten-year select mortality factors incorporated into the 1980 amendments to the NAIC Standard Valuation Law;

b. The select mortality factors in the appendix of this chapter;

c. For durations in the first segment, X percent of the select mortality factors in the appendix, subject to the following:

(1) X may vary by policy year, policy form, underwriting classification, issue age, or any other policy factor expected to affect mortality experience;

(2) X shall not be less than 20 percent;

(3) X shall not decrease in any successive policy years;

(4) X is such that, when using the valuation interest rate used for basic reserves, "1" below is greater than or equal to "2,"

1. The actuarial present value of future death benefits, calculated using the mortality rates resulting from the application of X;

2. The actuarial present value of future death benefits calculated using anticipated mortality experience without recognition of mortality improvement beyond the valuation date;

(5) X is such that the mortality rates resulting from the application of X are at least as great as the anticipated mortality experience, without recognition of mortality improvement beyond the valuation date, in each of the first five years after the valuation date;

(6) The appointed actuary shall increase X at any valuation date where it is necessary to continue to meet all the requirements of paragraph 47.4(2)"c";

(7) The appointed actuary may decrease X at any valuation date as long as X does not decrease in any successive policy years and as long as it continues to meet all the requirements of paragraph 47.4(2)"c"; and

(8) The appointed actuary shall specifically take into account the adverse effect on expected mortality and lapsation of any anticipated or actual increase in gross premiums.

(9) If X is less than 100 percent at any duration for any policy, the following requirements shall be met:

1. The appointed actuary shall annually prepare an actuarial opinion and memorandum for the company in conformance with the requirements of 191--subrule 5.34(3); and

2. The appointed actuary shall annually opine for all policies subject to this chapter as to whether the mortality rates resulting from the application of X meet the requirements of paragraph 47.4(2)"c." This opinion shall be supported by an actuarial report, subject to appropriate Actuarial Standards of Practice promulgated by the Actuarial Standards Board of the American Academy of Actuaries. The X factors shall reflect anticipated future mortality, without recognition of mortality improvement beyond the valuation date, taking into account relevant emerging experience.

d. Any other table of select mortality factors adopted by the NAIC January 1, 2000, and promulgated by rule by the commissioner for the purpose of calculating deficiency reserves.

47.4(3) This rule applies to both basic reserves and deficiency reserves. Any set of select mortality factors may be used only for the first segment. However, if the first segment is less than ten years, the appropriate ten-year select mortality factors incorporated into the 1980 amendments to the NAIC Standard Valuation Law may be used thereafter through the tenth policy year from the date of issue.

47.4(4) In determining basic reserves or deficiency reserves, guaranteed gross premiums without policy fees may be used where the calculation involves the guaranteed gross premium but only if the policy fee is a level dollar amount after the first policy year. In determining deficiency reserves, policy fees may be included in guaranteed gross premiums, even if not included in the actual calculation of basic reserves.

47.4(5) Reserves for policies that have changes to guaranteed gross premiums, guaranteed benefits, guaranteed charges, or guaranteed credits that are unilaterally made by the insurer after issue and that are effective for more than one year after the date of the change shall be the greatest of the following: (1) reserves calculated ignoring the guarantee, (2) reserves assuming the guarantee was made at issue, and (3) reserves assuming that the policy was issued on the date of the guarantee.

47.4(6) The commissioner may require that the company document the extent of the adequacy of reserves for specified blocks, including but not limited to policies issued prior to January 1, 2000. This documentation may include a demonstration of the extent to which aggregation with other non-specified blocks of business is relied upon in the formation of the appointed actuary opinion pursuant to and consistent with the requirements of 191--subrule 5.34(8).

191--47.5(508) Calculation of minimum valuation standard for policies with guaranteed nonlevel gross premiums or guaranteed nonlevel benefits (other than universal life policies).

47.5(1) Basic reserves. Basic reserves shall be calculated as the greater of the segmented reserves and the unitary reserves. Both the segmented reserves and the unitary reserves for any policy shall use the same valuation mortality table and selection factors. At the option of the insurer, in calculating segmented reserves and net premiums, either of the adjustments described in paragraph "a" or "b" below may be made:

a. Treat the unitary reserve, if greater than zero, applicable at the end of each segment as a pure endowment and subtract the unitary reserve, if greater than zero, applicable at the beginning of each segment from the present value of guaranteed life insurance and endowment benefits for each segment.

b. Treat the guaranteed cash surrender value, if greater than zero, applicable at the end of each segment as a pure endowment; and subtract the guaranteed cash surrender value, if greater than zero, applicable at the beginning of each segment from the present value of guaranteed life insurance and endowment benefits for each segment.

47.5(2) Deficiency reserves.

a. The deficiency reserve at any duration shall be calculated:

(1) On a unitary basis if the corresponding basic reserve determined by subrule 47.5(1) is unitary;

(2) On a segmented basis if the corresponding basic reserve determined by subrule 47.5(1) is segmented; or

(3) On a segmented basis if the corresponding basic reserve determined by subrule 47.5(1) is equal to both the segmented reserve and the unitary reserve.

b. This rule shall apply to any policy for which the guaranteed gross premium at any duration is less than the corresponding modified net premium calculated by the method used in determining the basic reserves, but using the minimum valuation standards of mortality in subrule 47.4(2) and rate of interest.

c. Deficiency reserves, if any, shall be calculated for each policy, as the excess if greater than zero, for the current and all remaining periods, of the quantity A over the basic reserve, where A is obtained as indicated in subrule 47.4(2).

d. For deficiency reserves determined on a segmented basis, the quantity A is determined using segment lengths equal to those determined for segmented basic reserves.

47.5(3) Minimum value. Basic reserves may not be less than the tabular cost of insurance for the balance of the policy year, if mean reserves are used. Basic reserves may not be less than the tabular cost of insurance for the balance of the current modal period or to the paid-to-date, if later, but not beyond the next policy anniversary, if mid-terminal reserves are used. The tabular cost of insurance shall use the same valuation mortality table and interest rates as that used for the calculation of the segmented reserves. However, if select mortality factors are used, they shall be the ten-year select factors incorporated into the 1980 amendments of the NAIC Standard Valuation Law. In no case may total reserves (including basic reserves, deficiency reserves and any reserves held for supplemental benefits that would expire upon contract termination) be less than the amount that the policyowner would receive (including the cash surrender value of the supplemental benefits, if any, referred to above), exclusive of any deduction for policy loans, upon termination of the policy.

47.5(4) Unusual pattern of guaranteed cash surrender values.

a. For any policy with an unusual pattern of guaranteed cash surrender values, the reserves actually held prior to the first unusual guaranteed cash surrender value shall not be less than the reserves calculated by treating the first unusual guaranteed cash surrender value as a pure endowment and treating the policy as an n year policy providing term insurance plus a pure endowment equal to the unusual cash surrender value, where n is the number of years from the date of issue to the date the unusual cash surrender value is scheduled.

b. The reserves actually held subsequent to any unusual guaranteed cash surrender value shall not be less than the reserves calculated by treating the policy as an n year policy providing term insurance plus a pure endowment equal to the next unusual guaranteed cash surrender value, and treating any unusual guaranteed cash surrender value at the end of the prior segment as a net single premium, where

(1) n is the number of years from the date of the last unusual guaranteed cash surrender value prior to the valuation date to the earlier of:

1. The date of the next unusual guaranteed cash surrender value, if any, that is scheduled after the valuation date; or

2. The mandatory expiration date of the policy; and

(2) The net premium for a given year during the n year period is equal to the product of the net to gross ratio and the respective gross premium; and

(3) The net to gross ratio is equal to "1" divided by "2" below as follows:

1. The present value, at the beginning of the n year period, of death benefits payable during the n year period plus the present value, at the beginning of the n year period, of the next unusual guaranteed cash surrender value, if any, minus the amount of the last unusual guaranteed cash surrender value, if any, scheduled at the beginning of the n year period.

2. The present value, at the beginning of the n year period, of the scheduled gross premiums payable during the n year period.

c. For purposes of this subrule, a policy is considered to have an unusual pattern of guaranteed cash surrender values if any future guaranteed cash surrender value exceeds the prior year's guaranteed cash surrender value by more than the sum of:

(1) One hundred ten percent of the scheduled gross premium for that year;

(2) One hundred ten percent of one year's accrued interest on the sum of the prior year's guaranteed cash surrender value and the scheduled gross premium using the nonforfeiture interest rate used for calculating policy guaranteed cash surrender values; and

(3) Five percent of the first policy year surrender charge, if any.

47.5(5) Optional exemption for yearly renewable term (YRT) reinsurance. At the option of the company, the following approach for reserves on YRT reinsurance may be used:

a. Calculate the valuation net premium for each future policy year as the tabular cost of insurance for that future year.

b. Basic reserves shall never be less than the tabular cost of insurance for the appropriate period, as defined in subrule 47.5(3).

c. Deficiency reserves.

(1) For each policy year, calculate the excess, if greater than zero, of the valuation net premium over the respective maximum guaranteed gross premium.

(2) Deficiency reserves shall never be less than the sum of the present values, at the date of valuation, of the excesses determined in accordance with subparagraph (1) above.

d. For purposes of this subrule, the calculations use the maximum valuation interest rate and the 1980 CSO mortality tables with or without ten-year select mortality factors, or any other table adopted after January 1, 2000, by the NAIC and promulgated by rule by the commissioner for this purpose.

e. A reinsurance agreement shall be considered YRT reinsurance for purposes of this subrule if only the mortality risk is reinsured.

f. If the assuming company chooses this optional exemption, the ceding company's reinsurance reserve credit shall be limited to the amount of reserve held by the assuming company for the affected policies.

47.5(6) Optional exemption for attained-age-based yearly renewable term (YRT) life insurance policies. At the option of the company, the following approach for reserves forattained-age-based YRT life insurance policies may be used:

a. Calculate the valuation net premium for each future policy year as the tabular cost of insurance for that future year.

b. Basic reserves shall never be less than the tabular cost of insurance for the appropriate period, as defined in subrule 47.5(3).

c. Deficiency reserves.

(1) For each policy year, calculate the excess, if greater than zero, of the valuation net premium over the respective maximum guaranteed gross premium.

(2) Deficiency reserves shall never be less than the sum of the present values, at the date of valuation, of the excesses determined in accordance with subparagraph (1) above.

d. For purposes of this subrule, the calculations use the maximum valuation interest rate and the 1980 CSO valuation tables with or without ten-year select mortality factors, or any other table adopted after January 1, 2000, by the NAIC and promulgated by rule by the commissioner for this purpose.

e. A policy shall be considered an attained-age-based YRT life insurance policy for purposes of this subrule if:

(1) The premium rates (on both the initial current premium scale and the guaranteed maximum premium scale) are based upon the attained age of the insured such that the rate for any given policy at a given attained age of the insured is independent of the year the policy was issued; and

(2) The premium rates (on both the initial current premium scale and the guaranteed maximum premium scale) are the same as the premium rates for policies covering all insureds of the same sex, risk class, plan of insurance and attained age.

f. For policies that become attained-age-based YRT policies after an initial period of coverage, the approach of this subrule may be used after the initial period if:

(1) The initial period is constant for all insureds of the same sex, risk class and plan of insurance; or

(2) The initial period runs to a common attained age for all insureds of the same sex, risk class and plan of insurance; and

(3) After the initial period of coverage, the policy meets the conditions of paragraph "e" above.

g. If this election is made, this approach shall be applied in determining reserves for all attained-age-based YRT life insurance policies issued on or after January 1, 2000.

47.5(7) Exemption from unitary reserves for certain n year renewable term life insurance polices. Unitary basic reserves and unitary deficiency reserves need not be calculated for a policy if the following conditions are met:

a. The policy consists of a series of n year periods, including the first period and all renewal periods, where n is the same for each period, except that for the final renewal period, n may be truncated or extended to reach the expiry age, provided that this final renewal period is less than ten years and less than twice the size of the earlier n year periods, and for each period, the premium rates on both the initial current premium scale and the guaranteed maximum premium scale are level;

b. The guaranteed gross premiums in all n year periods are not less than the corresponding net premiums based upon the 1980 CSO Table with or without the ten-year select mortality factors; and

c. There are no cash surrender values in any policy year.

47.5(8) Exemption from unitary reserves for certain juvenile policies. Unitary basic reserves and unitary deficiency reserves need not be calculated for a policy if the following conditions are met, based upon the initial current premium scale at issue:

a. At issue, the insured is aged 24 years or younger;

b. Until the insured reaches the end of the juvenile period, which shall occur at or before the age of 25, the gross premiums and death benefits are level, and there are no cash surrender values; and

c. After the end of the juvenile period, gross premiums are level for the remainder of the premium paying period, and death benefits are level for the remainder of the life of the policy.

191--47.6(508) Calculation of minimum valuation standard for flexible premium and fixed premium universal life insurance policies that contain provisions resulting in the ability of a policyowner to keep a policy in force over a secondary guarantee period.

47.6(1) General.

a. Policies with a secondary guarantee include:

(1) A policy with a guarantee that the policy will remain in force at the original schedule of benefits, subject only to the payment of specified premiums;

(2) A policy in which the minimum premium at any duration is less than the corresponding one-year valuation premium, calculated using the maximum valuation interest rate and the 1980 CSO valuation tables with or without ten-year select mortality factors, or any other table adopted after January 1, 2000, by the NAIC and promulgated by rule by the commissioner for this purpose; or

(3) A policy with any combination of subparagraphs (1) and (2).

b. A secondary guarantee period is the period for which the policy is guaranteed to remain in force subject only to a secondary guarantee. When a policy contains more than one secondary guarantee, the minimum reserve shall be the greatest of the respective minimum reserves at that valuation date of each unexpired secondary guarantee, ignoring all other secondary guarantees. Secondary guarantees that are unilaterally changed by the insurer after issue shall be considered to have been made at issue. Reserves described in subrules 47.6(2) and 47.6(3) shall be recalculated from issue to reflect these changes.

c. Specified premiums mean the premiums specified in the policy, the payment of which guarantees that the policy will remain in force at the original schedule of benefits, but which otherwise would be insufficient to keep the policy in force in the absence of the guarantee if maximum mortality and expense charges and minimum interest credits were made and any applicable surrender charges were assessed.

d. For purposes of this rule, the minimum premium for any policy year is the premium that, when paid into a policy with a zero account value at the beginning of the policy year, produces a zero account value at the end of the policy year. The minimum premium calculation shall use the policy cost factors (including mortality charges, loads and expense charges) and the interest crediting rate, which are all guaranteed at issue.

e. The one-year valuation premium means the net one-year premium based upon the original schedule of benefits for a given policy year. The one-year valuation premiums for all policy years are calculated at issue. The select mortality factors defined in paragraphs 47.4(2)"b," "c," and "d" may not be used to calculate the one-year valuation premiums.

f. The one-year valuation premium should reflect the frequency of fund processing, as well as the distribution of deaths assumption employed in the calculation of the monthly mortality charges to the fund.

47.6(2) Basic reserves for the secondary guarantees. Basic reserves for the secondary guarantees shall be the segmented reserves for the secondary guarantee period. In calculating the segments and the segmented reserves, the gross premiums shall be set equal to the specified premiums, if any, or otherwise to the minimum premiums, that keep the policy in force, and the segments will be determined according to the contract segmentation method as defined in rule 47.3(508).

47.6(3) Deficiency reserves for the secondary guarantees. Deficiency reserves, if any, for the secondary guarantees shall be calculated for the secondary guarantee period in the same manner as described in subrule 47.5(2) with gross premiums set equal to the specified premiums, if any, or otherwise to the minimum premiums that keep the policy in force.

47.6(4) Minimum reserves. The minimum reserves during the secondary guarantee period are the greater of:

a. The basic reserves for the secondary guarantee plus the deficiency reserve, if any, for the secondary guarantees; or

b. The minimum reserves required by other rules or rules governing universal life plans.

Appendix

SELECT MORTALITY FACTORS

This appendix contains tables of select mortality factors that are the bases to which the respective percentage of paragraphs 47.4(1)"b," 47.4(2)"b," and 47.4(2)"c" are applied.

The six tables of select mortality factors contained herein include: (1) male aggregate, (2) male nonsmoker, (3) male smoker, (4) female aggregate, (5) female nonsmoker, and (6) female smoker.

These tables apply to both age last birthday and age nearest birthday mortality tables.

For sex-blended mortality tables, compute select mortality factors in the same proportion as the underlying mortality. For example, for the 1980 CSO-B Table, the calculated select mortality factors are 80 percent of the appropriate male table in this appendix, plus 20 percent of the appropriate female table in this appendix.

Male Aggregate




















Issue Duration




















Age
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20+
0-15
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
16
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
17
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
18
96
98
98
99
99
100
100
90
92
92
92
92
93
93
96
97
98
98
99
100
19
83
84
84
87
87
87
79
79
79
81
81
82
82
82
85
88
91
94
97
100
20
69
71
71
74
74
69
69
67
69
70
71
71
71
71
74
79
84
90
95
100
21
66
68
69
71
66
66
67
66
67
70
70
70
70
71
71
77
83
88
94
100
22
65
66
66
63
63
64
64
64
65
68
68
68
68
69
71
77
83
88
94
100
23
62
63
59
60
62
62
63
63
64
65
65
67
67
69
70
76
82
88
94
100
24
60
56
56
59
59
60
61
61
61
64
64
64
66
67
70
76
82
88
94
100
25
52
53
55
56
58
58
60
60
60
63
62
63
64
67
69
75
81
88
94
100
26
51
52
55
56
58
58
57
61
61
62
63
64
66
69
66
73
80
86
93
100
27
51
52
55
57
58
60
61
61
60
63
63
64
67
66
67
74
80
87
93
100
28
49
51
56
58
60
60
61
62
62
63
64
66
65
66
68
74
81
87
94
100
29
49
51
56
58
60
61
62
62
62
64
64
62
66
67
70
76
82
88
94
100
30
49
50
56
58
60
60
62
63
63
64
62
63
67
68
71
77
83
88
94
100
Male Aggregate




















Issue Duration




















Age
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20+
31
47
50
56
58
60
62
63
64
64
62
63
66
68
70
72
78
83
89
94
100
32
46
49
56
59
60
62
63
66
62
63
66
67
70
72
73
78
84
89
95
100
33
43
49
56
59
62
63
64
62
65
66
67
70
72
73
75
80
85
90
95
100
34
42
47
56
60
62
63
61
63
66
67
70
71
73
75
76
81
86
90
95
100
35
40
47
56
60
63
61
62
65
67
68
71
73
74
76
76
81
86
90
95
100
36
38
42
56
60
59
61
63
65
67
68
70
72
74
76
77
82
86
91
95
100
37
38
45
56
57
61
62
63
65
67
68
70
72
74
76
76
81
86
90
95
100
38
37
44
53
58
61
62
65
66
67
69
69
73
75
76
77
82
86
91
95
100
39
37
41
53
58
62
63
65
65
66
68
69
72
74
76
76
81
86
90
95
100
40
34
40
53
58
62
63
65
65
66
68
68
71
75
76
77
82
86
91
95
100
41
34
41
53
58
62
63
65
64
64
66
68
70
74
76
77
82
86
91
95
100
42
34
43
53
58
61
62
63
63
63
64
66
69
72
75
77
82
86
91
95
100
43
34
43
54
59
60
61
63
62
62
64
66
67
72
74
77
82
86
91
95
100
44
34
44
54
58
59
60
61
60
61
62
64
67
71
74
77
82
86
91
95
100
45
34
45
53
58
59
60
60
60
59
60
63
66
71
74
77
82
86
91
95
100
46
31
43
52
56
57
58
59
59
59
60
63
67
71
74
75
80
85
90
95
100
47
32
42
50
53
55
56
57
58
59
60
65
68
71
74
75
80
85
90
95
100
48
32
41
47
52
54
56
57
57
57
61
65
68
72
73
74
79
84
90
95
100
49
30
40
46
49
52
54
55
56
57
61
66
69
72
73
74
79
84
90
95
100
50
30
38
44
47
51
53
54
56
57
61
66
71
72
73
75
80
85
90
95
100
51
28
37
42
46
49
53
54
56
57
61
66
71
72
73
75
80
85
90
95
100
52
28
35
41
45
49
51
54
56
57
61
66
71
72
74
75
80
85
90
100
100
53
27
35
39
44
48
51
53
55
57
61
67
71
74
75
76
81
86
100
100
100
54
27
33
38
44
48
50
53
55
57
61
67
72
74
75
76
81
100
100
100
100
55
25
32
37
43
47
50
53
55
57
61
68
72
74
75
78
100
100
100
100
100
56
25
32
37
43
47
49
51
54
56
61
67
70
73
74
100
100
100
100
100
100
57
24
31
38
43
47
49
51
54
56
59
66
69
72
100
100
100
100
100
100
100
58
24
31
38
43
48
48
50
53
56
59
64
67
100
100
100
100
100
100
100
100
59
23
30
39
43
48
48
51
53
55
58
63
100
100
100
100
100
100
100
100
100
60
23
30
39
43
48
47
50
52
53
57
100
100
100
100
100
100
100
100
100
100
61
23
30
39
43
49
49
50
52
53
75
100
100
100
100
100
100
100
100
100
100
62
23
30
39
44
49
49
51
52
75
75
100
100
100
100
100
100
100
100
100
100
63
22
30
39
45
50
50
52
75
75
75
100
100
100
100
100
100
100
100
100
100
64
22
30
39
45
50
51
75
75
75
75
100
100
100
100
100
100
100
100
100
100
65
22
30
39
45
50
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
66
22
30
39
45
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
67
22
30
39
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
68
23
32
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
69
23
52
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
70
48
52
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
71
48
52
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
72
48
52
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
73
48
52
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
74
48
52
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
75
48
52
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
76
48
52
55
60
60
65
70
70
70
100
100
100
100
100
100
100
100
100
100
100
77
48
52
55
60
60
65
70
70
100
100
100
100
100
100
100
100
100
100
100
100
78
48
52
55
60
60
65
70
100
100
100
100
100
100
100
100
100
100
100
100
100
79
48
52
55
60
60
65
100
100
100
100
100
100
100
100
100
100
100
100
100
100
80
48
52
55
60
60
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
81
48
52
55
60
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
82
48
52
55
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
83
48
52
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
84
48
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
85+
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100

Male Nonsmoker




















Issue Duration




















Age
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20+
0-15
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
16
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
17
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
18
93
95
96
98
99
100
100
90
92
92
92
92
95
95
96
97
98
98
99
100
19
80
81
83
86
87
87
79
79
79
81
81
82
83
83
86
89
92
94
97
100
20
65
68
69
72
74
69
69
67
69
70
71
71
72
72
75
80
85
90
95
100
21
63
66
68
71
66
66
67
66
67
70
70
70
71
71
73
78
84
89
95
100
22
62
65
66
62
63
64
64
64
67
68
68
68
70
70
73
78
84
89
95
100
23
60
62
58
60
62
62
63
63
64
67
68
68
67
69
71
77
83
88
94
100
24
59
55
56
58
59
60
61
61
63
65
67
66
66
69
71
77
83
88
94
100
25
52
53
55
56
58
58
60
60
61
64
64
64
64
67
70
76
82
88
94
100
26
51
53
55
56
58
60
61
61
61
63
64
64
66
69
67
74
80
87
93
100
27
51
52
55
58
60
60
61
61
62
63
64
66
67
66
67
74
80
87
93
100
28
49
52
57
58
60
61
63
62
62
64
66
66
63
66
68
74
81
87
94
100
29
49
51
57
60
61
61
62
62
63
64
66
63
65
67
68
74
81
87
94
100
30
49
51
57
60
61
62
63
63
63
64
62
63
66
68
70
76
82
88
94
100
31
47
50
57
60
60
62
63
64
64
62
63
65
67
70
71
77
83
88
94
100
32
46
50
57
60
62
63
64
64
62
63
65
66
68
71
72
78
83
89
94
100
33
45
49
56
60
62
63
64
62
63
65
66
68
71
73
74
79
84
90
95
100
34
43
48
56
62
63
64
62
62
65
66
67
70
72
74
74
79
84
90
95
100
35
41
47
56
62
63
61
62
63
66
67
68
70
72
74
75
80
85
90
95
100
36
40
47
56
62
59
61
62
63
66
67
68
70
72
74
75
80
85
90
95
100
37
38
45
56
58
59
61
62
63
66
67
67
69
71
73
74
79
84
90
95
100
38
38
45
53
58
61
62
63
65
65
67
68
70
72
74
73
78
84
89
95
100
39
37
41
53
58
61
62
63
64
65
67
68
70
71
73
73
78
84
89
95
100
40
34
41
53
58
61
62
63
64
64
66
67
69
71
73
72
78
83
89
94
100
41
34
41
53
58
61
61
62
62
63
65
65
67
69
71
71
77
83
88
94
100
42
34
43
53
58
60
61
62
61
61
63
64
66
67
69
71
77
83
88
94
100
43
32
43
53
58
60
61
60
60
60
60
62
64
66
68
69
75
81
88
94
100
44
32
44
52
57
59
60
60
59
59
58
60
62
65
67
69
75
81
88
94
100
45
32
44
52
57
59
60
59
57
57
57
59
61
63
66
68
74
81
87
94
100
46
32
42
50
54
56
57
57
56
55
56
59
61
63
65
67
74
80
87
93
100
47
30
40
48
52
54
55
55
54
54
55
59
61
62
63
66
73
80
86
93
100
48
30
40
46
49
51
52
53
53
54
55
57
61
62
63
63
70
78
85
93
100
49
29
39
43
48
50
51
50
51
53
54
57
61
61
62
62
70
77
85
92
100
50
29
37
42
45
47
48
49
50
51
54
57
61
61
61
61
69
77
84
92
100
51
27
35
40
43
45
47
48
50
51
53
57
60
61
61
62
70
77
85
92
100
52
27
34
39
42
44
45
48
49
50
53
56
60
60
62
62
70
77
85
100
100
53
25
31
37
41
44
45
47
49
50
51
56
59
61
61
62
70
77
100
100
100
54
25
30
36
39
43
44
47
48
49
51
55
59
59
61
62
70
100
100
100
100
55
24
29
35
38
42
43
45
48
49
50
56
58
59
61
62
100
100
100
100
100
56
23
29
35
38
42
42
44
47
48
50
55
57
58
59
100
100
100
100
100
100
57
23
28
35
38
42
42
43
45
47
49
53
55
56
100
100
100
100
100
100
100
58
22
28
33
37
41
41
43
45
45
47
51
53
100
100
100
100
100
100
100
100
59
22
26
33
37
41
41
42
44
44
46
50
100
100
100
100
100
100
100
100
100
60
20
26
33
37
41
40
41
42
42
45
100
100
100
100
100
100
100
100
100
100
61
20
26
33
37
41
40
41
42
42
75
100
100
100
100
100
100
100
100
100
100
62
19
25
32
38
40
40
41
42
75
75
100
100
100
100
100
100
100
100
100
100
63
19
25
33
36
40
40
41
75
75
75
100
100
100
100
100
100
100
100
100
100
64
18
24
32
36
39
40
75
75
75
75
100
100
100
100
100
100
100
100
100
100
65
18
24
32
36
39
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
66
18
24
32
36
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
67
18
24
32
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
68
18
24
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
Male Nonsmoker




















Issue Duration




















Age
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20+
69
18
52
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
70
48
52
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
71
48
52
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
72
48
52
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
73
48
52
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
74
48
52
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
75
48
52
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
76
48
52
55
60
60
65
70
70
70
100
100
100
100
100
100
100
100
100
100
100
77
48
52
55
60
60
65
70
70
100
100
100
100
100
100
100
100
100
100
100
100
78
48
52
55
60
60
65
70
100
100
100
100
100
100
100
100
100
100
100
100
100
79
48
52
55
60
60
65
100
100
100
100
100
100
100
100
100
100
100
100
100
100
80
48
52
55
60
60
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
81
48
52
55
60
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
82
48
52
55
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
83
48
52
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
84
48
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
85+
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100

Male Smoker




















Issue Duration




















Age
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20+
0-15
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
16
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
17
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
18
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
19
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
20
98
100
100
100
100
100
100
99
99
99
100
99
99
99
100
100
100
100
100
100
21
95
98
99
100
95
96
96
95
96
97
97
96
96
96
96
97
98
98
99
100
22
92
95
96
90
90
93
93
92
93
95
95
93
93
92
93
94
96
97
99
100
23
90
92
85
88
88
89
89
89
90
90
90
90
89
90
92
94
95
97
98
100
24
87
81
82
85
84
86
88
86
86
88
88
86
86
88
89
91
93
96
98
100
25
77
78
79
82
81
83
83
82
83
85
84
84
84
85
86
89
92
94
97
100
26
75
77
79
82
82
83
83
82
83
84
84
84
84
85
81
85
89
92
96
100
27
73
75
78
82
82
83
83
82
82
82
82
84
84
80
81
85
89
92
96
100
28
71
73
79
82
81
82
83
81
81
82
82
82
80
80
81
85
89
92
96
100
29
69
72
78
81
81
82
82
81
81
81
81
77
80
80
81
85
89
92
96
100
30
68
71
78
81
81
81
82
81
81
81
76
77
80
80
81
85
89
92
96
100
31
65
70
77
81
79
81
82
81
81
76
77
79
81
81
83
86
90
93
97
100
32
63
67
77
78
79
81
81
81
76
77
77
80
83
83
85
88
91
94
97
100
33
60
65
74
78
79
79
81
76
77
77
79
80
83
85
85
88
91
94
97
100
34
57
62
74
77
79
79
75
76
77
79
79
81
83
85
87
90
92
95
97
100
35
53
60
73
77
79
75
75
76
77
79
80
82
84
86
88
90
93
95
98
100
36
52
59
71
75
74
75
75
76
77
79
79
81
83
85
87
90
92
95
97
100
37
49
58
70
71
74
74
75
76
77
78
79
81
84
86
86
89
92
94
97
100
38
48
55
66
70
72
74
74
75
76
78
79
81
83
85
87
90
92
95
97
100
39
45
50
65
70
72
72
74
74
75
77
79
81
84
86
86
89
92
94
97
100
40
41
49
63
68
71
72
73
74
74
76
78
80
83
85
86
89
92
94
97
100
41
40
49
63
68
71
72
72
72
73
75
76
78
81
84
85
88
91
94
97
100
42
40
49
62
68
70
71
71
71
71
73
75
76
81
83
85
88
91
94
97
100
43
39
50
62
67
69
69
70
70
70
71
73
76
79
83
85
88
91
94
97
100
44
39
50
60
66
68
69
68
69
69
69
71
74
79
81
85
88
91
94
97
100
45
37
50
60
66
68
68
68
67
67
67
69
73
78
81
85
88
91
94
97
100
46
37
48
58
63
65
67
66
66
66
67
71
74
78
81
84
87
90
94
97
100
47
36
47
55
61
63
64
64
64
65
67
71
75
79
81
84
87
90
94
97
100
Male Smoker




















Issue Duration




















Age
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20+
48
35
46
53
58
60
62
63
63
65
67
72
75
79
81
83
86
90
93
97
100
49
34
45
51
56
58
59
61
62
63
67
72
77
80
81
83
86
90
93
97
100
50
34
43
49
53
55
57
60
61
63
67
73
78
80
81
81
85
89
92
96
100
51
32
42
47
52
55
57
60
61
63
67
73
78
80
83
84
87
90
94
97
100
52
32
40
46
50
54
56
60
61
63
67
73
78
81
84
85
88
91
94
100
100
53
30
37
44
49
54
56
59
61
65
67
74
79
83
85
87
90
92
100
100
100
54
30
36
43
48
53
55
59
61
65
67
74
80
84
85
89
91
100
100
100
100
55
29
35
42
47
53
55
59
61
65
67
75
80
84
86
90
100
100
100
100
100
56
28
35
42
47
53
55
57
60
63
68
74
79
83
85
100
100
100
100
100
100
57
28
35
42
47
53
54
57
60
64
67
74
78
81
100
100
100
100
100
100
100
58
26
33
43
48
54
54
56
59
63
67
73
78
100
100
100
100
100
100
100
100
59
26
33
43
48
54
53
57
59
63
66
73
100
100
100
100
100
100
100
100
100
60
25
33
43
48
54
53
56
58
62
66
100
100
100
100
100
100
100
100
100
100
61
25
33
43
49
55
55
57
59
63
75
100
100
100
100
100
100
100
100
100
100
62
25
33
43
50
56
56
58
61
75
75
100
100
100
100
100
100
100
100
100
100
63
24
33
45
51
56
56
59
75
75
75
100
100
100
100
100
100
100
100
100
100
64
24
34
45
51
57
57
75
75
75
75
100
100
100
100
100
100
100
100
100
100
65
24
34
45
52
57
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
66
24
35
45
53
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
67
25
35
45
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
68
25
36
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
69
27
52
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
70
48
52
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
71
48
52
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
72
48
52
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
73
48
52
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
74
48
52
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
75
48
52
55
60
60
65
70
70
70
70
100
100
100
100
100
100
100
100
100
100
76
48
52
55
60
60
65
70
70
70
100
100
100
100
100
100
100
100
100
100
100
77
48
52
55
60
60
65
70
70
100
100
100
100
100
100
100
100
100
100
100
100
78
48
52
55
60
60
65
70
100
100
100
100
100
100
100
100
100
100
100
100
100
79
48
52
55
60
60
65
100
100
100
100
100
100
100
100
100
100
100
100
100
100
80
48
52
55
60
60
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
81
48
52
55
60
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
82
48
52
55
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
83
48
52
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
84
48
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
85+
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100

Female Aggregate




















Issue Duration




















Age
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20+
0-15
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
16
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
17
99
100
100
100
100
100
100
100
93
95
96
97
97
100
100
100
100
100
100
100
18
83
83
84
84
84
84
86
78
78
79
82
84
85
88
88
90
93
95
98
100
19
65
66
68
68
68
68
63
63
64
66
69
71
72
74
75
80
85
90
95
100
20
48
50
51
51
51
47
48
48
49
51
56
57
58
61
63
70
78
85
93
100
21
47
48
50
51
47
47
48
49
51
53
57
60
61
64
64
71
78
86
93
100
22
44
47
48
45
47
47
48
49
53
54
60
61
63
64
66
73
80
86
93
100
23
42
45
44
45
47
47
49
51
53
54
61
64
64
67
69
75
81
88
94
100
24
39
40
42
44
47
47
50
51
54
56
64
64
66
69
70
76
82
88
94
100
25
34
38
41
44
47
47
50
53
56
57
64
67
69
71
73
78
84
89
95
100
Female Aggregate




















Issue Duration




















Age
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20+
26
34
38
41
45
49
49
51
56
58
59
66
69
70
73
70
76
82
88
94
100
27
34
38
41
47
50
51
54
57
59
60
69
70
73
70
71
77
83
88
94
100
28
34
37
43
47
53
53
56
59
62
63
70
73
70
72
74
79
84
90
95
100
29
34
38
43
49
54
56
58
60
63
64
73
70
72
74
75
80
85
90
95
100
30
35
38
43
50
56
56
59
63
66
67
70
71
74
75
76
81
86
90
95
100
31
35
38
43
51
56
58
60
64
67
65
71
72
74
75
76
81
86
90
95
100
32
35
39
45
51
56
59
63
66
65
66
72
72
75
76
76
81
86
90
95
100
33
36
39
44
52
58
62
64
65
66
67
72
74
75
76
76
81
86
90
95
100
34
36
40
45
52
58
63
63
66
67
68
74
74
76
76
76
81
86
90
95
100
35
36
40
45
53
59
61
65
67
68
70
75
74
75
76
75
80
85
90
95
100
36
36
40
45
53
55
62
65
67
68
70
74
74
74
75
75
80
85
90
95
100
37
36
41
47
52
57
62
65
67
68
69
72
72
73
75
74
79
84
90
95
100
38
34
41
44
52
57
63
66
68
69
70
72
71
72
74
75
80
85
90
95
100
39
34
40
45
53
58
63
66
68
69
69
70
70
70
73
74
79
84
90
95
100
40
32
40
45
53
58
65
65
67
68
69
70
69
70
73
73
78
84
89
95
100
41
32
40
45
53
57
63
64
67
68
68
69
69
69
73
74
79
84
90
95
100
42
32
40
45
52
56
61
63
65
66
68
69
68
70
74
75
80
85
90
95
100
43
31
39
45
51
55
59
61
65
65
66
68
69
69
74
77
82
86
91
95
100
44
31
39
45
50
54
58
61
63
64
66
67
68
71
75
78
82
87
91
96
100
45
31
38
44
49
53
56
59
62
63
65
67
68
71
77
79
83
87
92
96
100
46
29
37
43
48
51
54
59
62
63
65
67
69
71
77
78
82
87
91
96
100
47
28
35
41
46
49
54
57
61
62
66
68
69
71
77
77
82
86
91
95
100
48
28
35
41
44
49
52
57
61
63
66
68
71
72
75
77
82
86
91
95
100
49
26
34
39
43
47
52
55
61
63
67
69
71
72
75
75
80
85
90
95
100
50
25
32
38
41
46
50
55
61
63
67
69
72
72
75
74
79
84
90
95
100
51
25
32
38
41
45
50
55
61
63
66
68
69
71
74
74
79
84
90
95
100
52
23
30
36
41
45
51
56
61
62
65
66
68
68
73
73
78
84
89
100
100
53
23
30
36
41
47
51
56
61
62
63
65
66
68
72
72
78
83
100
100
100
54
22
29
35
41
47
53
57
61
61
62
62
66
66
69
70
76
100
100
100
100
55
22
29
35
41
47
53
57
61
61
61
62
63
64
68
69
100
100
100
100
100
56
22
29
35
41
45
51
56
59
60
61
62
63
64
67
100
100
100
100
100
100
57
22
29
35
41
45
50
54
56
58
59
61
62
63
100
100
100
100
100
100
100
58
22
30
36
41
44
49
53
56
57
57
61
62
100
100
100
100
100
100
100
100
59
22
30
36
41
44
48
51
53
55
56
59
100
100
100
100
100
100
100
100
100
60
22
30
36
41
43
47
50
51
53
55
100
100
100
100
100
100
100
100
100
100
61
22
29
35
39
42
46
49
50
52
80
100
100
100
100
100
100
100
100
100
100
62
20
28
33
39
41
45
47
49
80
80
100
100
100
100
100
100
100
100
100
100
63
20
28
33
38
41
44
46
80
80
80
100
100
100
100
100
100
100
100
100
100
64
19
27
32
36
40
42
80
80
80
80
100
100
100
100
100
100
100
100
100
100
65
19
25
30
35
39
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
66
19
25
30
35
72
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
67
19
25
30
72
72
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
68
19
25
68
72
72
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
69
19
64
68
72
72
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
70
60
60
64
68
68
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
71
60
60
64
68
68
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
72
60
60
64
68
68
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
73
60
60
64
68
68
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
74
60
60
64
68
68
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
75
60
60
64
68
68
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
76
60
60
64
68
68
72
75
75
80
100
100
100
100
100
100
100
100
100
100
100
77
60
60
64
68
68
72
75
75
100
100
100
100
100
100
100
100
100
100
100
100
78
60
60
64
68
68
72
75
100
100
100
100
100
100
100
100
100
100
100
100
100
79
60
60
64
68
68
72
100
100
100
100
100
100
100
100
100
100
100
100
100
100
80
60
60
64
68
68
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
Female Aggregate




















Issue Duration




















Age
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20+
81
60
60
64
68
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
82
60
60
64
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
83
60
60
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
84
60
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
85+
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100

Female Nonsmoker




















Issue Duration




















Age
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20+
0-15
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
16
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
17
96
98
98
98
98
99
99
99
92
92
93
95
95
97
99
99
99
100
100
100
18
78
80
80
80
80
81
81
74
75
75
78
79
82
83
85
88
91
94
97
100
19
60
62
63
63
63
65
59
59
60
60
64
67
67
70
72
78
83
89
94
100
20
42
44
45
45
45
42
42
42
45
45
50
51
53
56
58
66
75
83
92
100
21
41
42
44
45
41
42
42
44
47
47
51
53
54
57
59
67
75
84
92
100
22
39
41
44
41
41
42
44
45
49
49
54
56
57
58
60
68
76
84
92
100
23
38
41
38
40
41
42
44
46
49
50
56
57
58
60
62
70
77
85
92
100
24
36
36
38
40
41
42
46
47
50
51
58
59
60
62
63
70
78
85
93
100
25
32
34
37
40
41
43
46
49
51
53
59
60
62
63
64
71
78
86
93
100
26
32
34
37
41
43
45
47
50
53
53
60
62
63
64
62
70
77
85
92
100
27
32
34
38
43
46
47
49
51
53
55
62
63
64
62
62
70
77
85
92
100
28
30
34
39
43
47
49
51
53
56
58
63
63
61
62
63
70
78
85
93
100
29
30
35
40
45
50
51
52
55
58
59
64
61
62
63
63
70
78
85
93
100
30
31
35
40
46
51
52
53
56
59
60
62
62
63
65
65
72
79
86
93
100
31
31
35
40
46
51
53
55
58
60
58
62
62
63
65
65
72
79
86
93
100
32
32
35
40
45
51
53
56
59
57
58
62
63
63
65
64
71
78
86
93
100
33
32
36
41
47
52
55
58
55
58
59
63
63
65
65
65
72
79
86
93
100
34
33
36
41
47
52
55
55
57
58
59
63
65
64
65
64
71
78
86
93
100
35
33
36
41
47
52
53
57
58
59
61
63
64
64
64
64
71
78
86
93
100
36
33
36
41
47
49
53
57
58
59
61
63
64
63
64
63
70
78
85
93
100
37
32
36
41
44
49
53
57
58
59
60
62
62
61
62
63
70
78
85
93
100
38
32
37
39
45
50
54
57
58
60
60
61
61
61
62
61
69
77
84
92
100
39
30
35
39
45
50
54
57
58
60
59
60
60
59
60
61
69
77
84
92
100
40
28
35
39
45
50
54
56
57
59
59
60
59
59
59
60
68
76
84
92
100
41
28
35
39
45
49
52
55
55
58
57
58
59
58
59
60
68
76
84
92
100
42
27
35
39
44
49
52
54
55
56
57
57
57
58
60
61
69
77
84
92
100
43
27
34
39
44
47
50
53
53
55
55
56
57
56
60
61
69
77
84
92
100
44
26
34
38
42
47
50
52
53
54
55
55
55
56
61
62
70
77
85
92
100
45
26
33
38
42
45
48
51
51
52
53
54
55
56
61
62
70
77
85
92
100
46
24
32
37
40
43
47
49
51
52
53
54
55
56
60
61
69
77
84
92
100
47
24
30
35
39
42
45
47
49
51
53
54
55
56
59
60
68
76
84
92
100
48
23
30
35
37
40
44
47
49
50
53
54
55
55
59
57
66
74
83
91
100
49
23
29
33
35
39
42
45
48
50
53
54
55
55
57
56
65
74
82
91
100
50
21
27
32
34
37
41
44
48
50
53
54
55
55
56
55
64
73
82
91
100
51
21
26
30
34
37
41
44
48
49
51
53
53
54
55
55
64
73
82
91
100
52
20
25
30
33
37
41
44
47
48
50
50
51
51
55
53
62
72
81
100
100
53
19
24
29
32
37
41
43
47
48
48
49
49
51
52
52
62
71
100
100
100
54
18
24
29
32
37
41
43
45
47
47
47
49
49
51
51
61
100
100
100
100
55
18
23
28
32
37
41
43
45
45
45
46
46
47
50
50
100
100
100
100
100
56
18
23
28
32
36
39
42
44
44
45
46
46
46
49
100
100
100
100
100
100
57
18
23
28
31
35
38
41
42
44
44
45
45
46
100
100
100
100
100
100
100
58
17
23
26
31
35
36
38
41
41
42
45
45
100
100
100
100
100
100
100
100
Female Nonsmoker




















Issue Duration




















Age
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20+
59
17
23
26
30
33
35
38
39
40
41
44
100
100
100
100
100
100
100
100
100
60
17
23
26
30
32
34
36
38
39
40
100
100
100
100
100
100
100
100
100
100
61
17
22
25
29
32
33
35
36
38
80
100
100
100
100
100
100
100
100
100
100
62
16
22
25
28
30
32
34
35
80
80
100
100
100
100
100
100
100
100
100
100
63
16
20
24
28
30
32
34
80
80
80
100
100
100
100
100
100
100
100
100
100
64
14
21
24
27
29
30
80
80
80
80
100
100
100
100
100
100
100
100
100
100
65
15
19
23
25
28
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
66
15
19
23
25
72
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
67
15
19
22
72
72
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
68
13
18
68
72
72
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
69
13
64
68
72
72
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
70
60
60
64
68
68
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
71
60
60
64
68
68
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
72
60
60
64
68
68
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
73
60
60
64
68
68
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
74
60
60
64
68
68
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
75
60
60
64
68
68
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
76
60
60
64
68
68
72
75
75
80
100
100
100
100
100
100
100
100
100
100
100
77
60
60
64
68
68
72
75
75
100
100
100
100
100
100
100
100
100
100
100
100
78
60
60
64
68
68
72
75
100
100
100
100
100
100
100
100
100
100
100
100
100
79
60
60
64
68
68
72
100
100
100
100
100
100
100
100
100
100
100
100
100
100
80
60
60
64
68
68
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
81
60
60
64
68
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
82
60
60
64
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
83
60
60
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
84
60
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
85+
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100

Female Smoker




















Issue Duration




















Age
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20+
0-15
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
16
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
17
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
18
99
100
100
100
100
100
100
95
96
97
100
100
100
100
100
100
100
100
100
100
19
87
89
92
92
92
92
84
84
86
86
92
93
95
96
99
99
99
100
100
100
20
74
77
80
80
80
73
73
73
75
77
83
83
86
88
90
92
94
96
98
100
21
71
74
78
78
71
71
73
74
77
79
85
86
88
89
90
92
94
96
98
100
22
68
71
75
70
71
71
73
74
78
79
88
90
89
89
92
94
95
97
98
100
23
65
69
67
70
70
70
73
77
79
81
89
90
90
92
92
94
95
97
98
100
24
62
60
64
69
70
70
74
77
79
81
92
90
92
93
93
94
96
97
99
100
25
53
58
63
67
69
70
74
78
81
82
92
93
93
95
95
96
97
98
99
100
26
53
58
63
69
71
72
75
79
82
82
93
93
95
96
90
92
94
96
98
100
27
52
56
63
70
74
74
78
81
82
84
93
95
95
90
90
92
94
96
98
100
28
52
56
64
71
75
77
79
82
85
86
95
95
90
92
92
94
95
97
98
100
29
51
56
64
71
78
78
81
84
86
88
95
90
90
92
92
94
95
97
98
100
30
51
56
64
72
79
79
82
85
88
89
90
90
92
93
93
94
96
97
99
100
31
51
56
64
72
78
81
84
84
88
84
90
90
92
93
93
94
96
97
99
100
32
51
56
64
71
78
81
85
86
84
85
90
90
92
94
93
94
96
97
99
100
33
51
57
62
71
78
82
85
83
84
85
90
92
93
93
93
94
96
97
99
100
34
51
56
62
71
78
82
81
83
85
86
90
92
92
94
93
94
96
97
99
100
35
51
56
62
71
78
79
83
84
85
86
90
91
91
93
93
94
96
97
99
100
36
49
56
62
71
74
79
83
84
85
86
90
90
91
93
92
94
95
97
98
100
37
48
55
62
67
74
79
83
84
85
86
89
90
89
92
91
93
95
96
98
100
Female Smoker




















Issue Duration




















Age
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20+
38
47
55
57
66
72
77
81
84
86
86
87
88
88
90
91
93
95
96
98
100
39
45
50
57
66
72
77
81
83
85
86
86
87
86
89
90
92
94
96
98
100
40
41
50
57
66
72
77
81
83
84
85
86
86
86
89
89
91
93
96
98
100
41
40
50
57
65
71
76
79
81
83
84
85
86
85
89
90
92
94
96
98
100
42
40
49
57
65
69
74
77
80
82
83
84
85
86
90
92
94
95
97
98
100
43
39
49
55
63
69
73
76
78
80
82
83
84
85
92
93
94
96
97
99
100
44
39
48
55
62
67
71
75
78
80
80
82
84
86
93
96
97
98
98
99
100
45
37
47
55
61
65
70
73
76
78
80
81
84
86
94
97
98
98
99
99
100
46
36
46
53
59
63
68
71
75
77
79
83
85
86
93
96
97
98
98
99
100
47
34
44
51
57
62
66
70
75
77
80
83
85
86
93
94
95
96
98
99
100
48
34
44
50
54
60
64
69
74
77
80
84
86
87
92
92
94
95
97
98
100
49
33
42
48
53
58
63
68
74
77
81
84
86
87
92
91
93
95
96
98
100
50
31
41
46
51
57
61
67
74
77
81
85
87
87
91
90
92
94
96
98
100
51
30
39
45
51
56
61
67
74
75
80
83
85
85
90
90
92
94
96
98
100
52
29
38
45
50
56
62
68
74
75
79
81
83
84
90
90
92
94
96
100
100
53
28
37
43
49
57
62
68
73
74
77
79
81
83
89
89
91
93
100
100
100
54
28
36
43
49
57
63
69
73
74
75
78
80
81
87
89
91
100
100
100
100
55
26
35
42
49
57
63
69
73
73
74
76
78
79
86
87
100
100
100
100
100
56
26
35
42
49
56
62
67
71
72
74
76
78
79
85
100
100
100
100
100
100
57
26
35
42
49
55
61
66
69
72
73
76
78
79
100
100
100
100
100
100
100
58
28
36
43
49
55
59
63
68
69
72
76
78
100
100
100
100
100
100
100
100
59
28
36
43
49
54
57
63
67
68
70
76
100
100
100
100
100
100
100
100
100
60
28
36
43
49
53
57
61
64
67
69
100
100
100
100
100
100
100
100
100
100
61
26
35
42
48
52
56
59
63
66
80
100
100
100
100
100
100
100
100
100
100
62
26
33
41
47
51
55
58
62
80
80
100
100
100
100
100
100
100
100
100
100
63
25
33
41
46
51
55
57
80
80
80
100
100
100
100
100
100
100
100
100
100
64
25
33
40
45
50
53
80
80
80
80
100
100
100
100
100
100
100
100
100
100
65
24
32
39
44
49
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
66
24
32
39
44
72
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
67
24
32
39
72
72
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
68
24
32
68
72
72
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
69
24
64
68
72
72
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
70
60
60
64
68
68
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
71
60
60
64
68
68
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
72
60
60
64
68
68
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
73
60
60
64
68
68
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
74
60
60
64
68
68
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
75
60
60
64
68
68
72
75
75
80
80
100
100
100
100
100
100
100
100
100
100
76
60
60
64
68
68
72
75
75
80
100
100
100
100
100
100
100
100
100
100
100
77
60
60
64
68
68
72
75
75
100
100
100
100
100
100
100
100
100
100
100
100
78
60
60
64
68
68
72
75
100
100
100
100
100
100
100
100
100
100
100
100
100
79
60
60
64
68
68
72
100
100
100
100
100
100
100
100
100
100
100
100
100
100
80
60
60
64
68
68
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
81
60
60
64
68
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
82
60
60
64
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
83
60
60
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
84
60
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
85+
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100

ARC 9347A

INSURANCE DIVISION[191]

Notice of Termination

Pursuant to the authority of Iowa Code section 502.607, the Insurance Division terminates the rule making initiated by its Notice of Intended Action published in the Iowa Administrative Bulletin on June 16, 1999, as ARC 9114A. That Notice of Intended Action proposed to amend Chapter 50, "Regulation of Securities Offerings and Those Who Engage in the Securities Business," Iowa Administrative Code, by replacing existing rules relating to sales of securities at financial institutions with model rules 50.81(502) to 50.88(502) approved by the North American Securities Administrators Association. As proposed federal legislation may affect these rules, the Division has decided to terminate the rule making.

ARC 9328A

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 42, "Boating Accident Reports," Iowa Administrative Code.

These amendments provide for a specific time reporting period for boating accidents to be filed, which is required by Iowa Code section 462A.7(2).

Any interested person may make written suggestions or comments on the proposed amendments on or before September 28, 1999. 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 September 29, 1999, 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 462A.7(2).

The following amendments are proposed.

ITEM 1. Amend 571--Chapter 42 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--42.2(462A) as follows:

571--42.2 (462A) Procedure. These reports shall be filed in duplicate in writing within 48 hours of the accident with the department of natural resources in writing using forms provided by the department.

ARC 9327A

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 51, "Game Management Areas," Iowa Administrative Code.

This amendment establishes uniform regulations for shooting ranges located on game management areas.

Any interested person may make written suggestions or comments on the proposed amendment on or before September 28, 1999. 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 Law Enforcement offices on the fourth floor of the Wallace State Office Building.

There will be a public hearing on September 29, 1999, at 9 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 amendment.

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.

This amendment is intended to implement Iowa Code section 481A.6.

The following amendment is proposed.

Rescind subrule 51.3(1) and adopt the following new subrule:

51.3(1) Restrictions. The use or possession of firearms on certain game management areas is restricted.

a. Target shooting, for the purposes of this rule, is defined as the discharge of a firearm for any reason other than the taking of, or attempting to take, any game birds, game animals, or furbearers.

b. Target shooting shall occur only on the designated and posted shooting range.

c. Any person target shooting with any type of handgun or any type of rifle, or shooting shotgun slugs through a shotgun, must fire through one of the firing tubes, if provided, or at the firing points on the rifle or pistol range.

d. It is a violation of these rules to place any target on the top of the earthen backstop or to fire at any target placed on top of the backstop.

e. The shotgun range, if provided, is restricted to the use of shotguns and the shooting of shotshells only.

f. Target shooting shall occur only between the hours of sunrise and sunset.

g. No alcoholic beverages are allowed on the shooting range or parking area.

h. Target shooting is restricted to legal firearms and shall not be done with any fully automatic pistol, rifle, or shotgun of any kind. No armor-piercing ammunition is permitted.

i. Targets are restricted to paper or cardboard targets or metal silhouette-type targets. No glass, plastic containers, appliances, or other materials may be used. Targets must be removed from the area after use or must be disposed of in trash receptacles if provided.

j. All requirements listed in this rule shall apply to the following shooting ranges.

(1) Badger Creek Area - Madison County.

(2) Banner Mine Area - Warren County.

(3) Bays Branch Area - Guthrie County.

(4) Hawkeye Wildlife Area - Johnson County.

(5) Hull Wildlife Area - Mahaska County.

(6) Mines of Spain - Dubuque County.

(7) Ocheyedan Wildlife Area - Clay County.

(8) Princeton Wildlife Area - Scott County.

(9) Spring Run Wildlife Area - Dickinson County.

k. In addition to the requirements listed, the following shooting ranges have specific restrictions.

(1) Lake Darling Recreation Area - Washington County. Hunting, trapping and the use of weapons of any kind, except for the use of bow and arrow to take rough fish and except as provided in 571--subrule 61.6(3) and 571--Chapter 105, are prohibited.

(2) McIntosh Wildlife Area - Cerro Gordo County. The use or possession of firearms, except shotguns shooting shot only, is prohibited.

(3) Oyens Shooting Range - Plymouth County. The range is closed to the public except between 9 a.m. and sunset. Law enforcement firearms training and qualification of local, county, state or federal officers shall have priority over general public use of the range. Shotguns shooting birdshot may be fired outside the firing tubes, but within the designated range area. General shooting by the public shall take place on a first-come, first-served basis.

ARC 9326A

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 81, "Fishing Regulations," Iowa Administrative Code.

The proposed amendments modify Chapter 81 which establishes season dates, territories, daily bag limits, possession limits and length limits for sport fishing.

Any interested person may make written suggestions or comments on the proposed amendments on or before October 22, 1999. Such written materials should be directed to Marion Conover, 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 Fisheries Bureau at (515)281-5208 or at the Bureau offices on the fourth floor of the Wallace State Office Building.

Also, there will be two public hearings as follows:

* October 4, 1999, at 7 p.m. in Waukon at the Farmers and Merchants Savings Bank Community Room, 201 West Main, Waukon, Iowa; and

* October 19, 1999, at 7 p.m. at the Frontier Bank Building (basement room), Rock Rapids, Iowa.

At the public hearings persons may present their views either orally or in writing. At the hearings, 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 sections 481A.38, 481A.39, 481A.67 and 481A.76.

The following amendments are proposed.

ITEM 1. Amend rule 571--81.1(481A) as follows:

571--81.1(481A) Seasons, territories, daily bag limits, possession limits, and length limits.

INLAND WATERS OF THE STATE




BOUNDARY RIVERS
KIND OF FISH
OPEN
SEASON
DAILY BAG LIMIT
POSSESSION LIMIT
MINIMUM LENGTH LIMITS
MISSISSIPPI RIVER

MISSOURI RIVER

BIG SIOUX RIVER

Rock Sturgeon
Closed
0
0

Same as inland waters
Paddlefish*
Continuous
2
4
None
Same as inland waters
Yellow Perch
Continuous
25
50
None
Same as inland waters except no bag or possession limit in the Mississippi and Missouri Rivers.
Trout
Continuous
5
10
None*
Same as inland waters
Catfish*
Continuous
8 Lakes

15 Streams

30
None
Same as inland waters except no bag or possession limit in Mississippi
River
Black Bass
Continuous
3
6
See below*
Continuous open season; aggregate daily bag limit 5, aggregate possession limit 10.

See below*

(Largemouth Bass) (Smallmouth Bass) (Spotted Bass)

In Aggregate



Combined Walleye, Sauger and
Saugeye
Continuous*
5*
10*
None*
Continuous open season; aggregate daily bag limit 10 (no more than 6 walleye), aggregate possession limit 20 (no more than 12 walleye), except aggregate daily bag limit 4, aggregate possession limit 8, in the Big Sioux River. See below*
Northern Pike
Continuous*
3
6
None
Continuous open season; daily bag limit 5; possession limit 10, except daily bag limit 6, possession limit 12, in the Big Sioux River.
Muskellunge or
Hybrid Muskellunge
Continuous
1
1
36" 40"
Same as inland waters
All other fish species
Continuous
None
None
None
Same as inland waters
Frogs
(except Bullfrogs)
Continuous
48
96
None
Same as inland waters
Bullfrogs
(Rana Catesbeiana)
Continuous
12
12
None
Same as inland waters
* Also see 81.2(481A), Exceptions.

ITEM 2. Amend subrule 81.2(2) as follows:

81.2(2) Black bass. A 15-inch minimum length limit shall apply on black bass in all public lakes except as otherwise posted. On federal flood control reservoirs, a 15-inch minimum length limit shall apply on black bass at Coralville, Rathbun, Saylorville, and Red Rock. All black bass caught from Lake Wapello, Davis County, and Brown's Lake, Jackson County, must be immediately released alive. A 22-inch minimum length limit shall apply on black bass in Green Valley Lake, Union County. A 12-inch minimum length limit shall apply on black bass in all interior streams, river impoundments, border rivers, and the Missouri River including chutes and backwaters of border rivers the Missouri River where intermittent or constant flow from the border river occurs,. except that a A 14-inch minimum length limit shall apply to the Mississippi River including chutes and backwaters where intermittent or constant flow from the river occurs. All black bass caught from the following stream segments must be immediately released alive:

1. through 4. No change.

ITEM 3. Amend subrule 81.2(5) as follows:

81.2(5) Special trout regulations. A 14-inch minimum length limit shall apply on brown trout, rainbow trout, and brook trout in Spring Branch Creek, Delaware County, from the spring source to county highway D5X as posted, and on brown trout only in portions of Bloody Run Creek, Clayton County, where posted. All trout caught from the posted portion of Waterloo Creek, Allamakee County, Hewitt and Ensign Creeks (Ensign Hollow), Clayton County, and South Pine Creek, Winneshiek County, and all brown trout caught from French Creek, Allamakee County, must be immediately released alive. Fishing in the posted area of Bloody Run Creek, Spring Branch Creek, Bloody Run Creek, Waterloo Creek, Hewitt and Ensign Creeks (Ensign Hollow), South Pine Creek, and French Creek and Hewitt and Ensign Creeks (Ensign Hollow) shall be by artificial lure only. Artificial lure means lures that do not contain or have applied to them any natural or man-made synthetic substances designed to attract fish by the sense of taste or smell. All trout caught from the posted portion of Hewitt and Ensign Creeks (Ensign Hollow), Clayton County, and South Pine Creek, Winneshiek County, and all brown trout caught from French Creek, Allamakee County, must be immediately released alive.

ARC 9324A

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 allow nonresidents to use handguns to take deer. These regulations are the same as for resident hunters.

Any interested person may make written suggestions or comments on the proposed amendments on or before September 28, 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 Bureau at (515)281-6156 or at the Bureau offices on the fourth floor of the Wallace State Office Building.

There will be a public hearing on September 28, 1999, 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.

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 sections 481A.38 and 481A.48.

The following amendments are proposed.

ITEM 1. Amend subrule 94.7(2) as follows:

94.7(2) Regular gun season. Only 10-, 12-, 16-, or 20-gauge shotguns, shooting single slugs only, and flintlock or percussion cap lock muzzleloaded rifles or muskets of not less than .44 nor larger than .775 caliber, shooting single projectiles only, and handguns as described in 571--subrule 106.7(3), will be permitted in taking deer during the regular gun season.

ITEM 2. Amend subrule 94.7(4), first unnumbered paragraph, as follows:

It shall be unlawful for a person, while hunting deer, to have on their person a handgun except as provided in 94.7(3) or rifle other than a muzzleloading rifle that meets the requirements of 571--subrule 106.7(3).

ARC 9322A

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 section 455A.5, the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 98, "Wild Turkey Spring Hunting," Iowa Administrative Code.

These rules give the regulations for hunting wild turkeys, including season dates, bag limits, method of take, license quotas and application procedures.

Any interested person may make written suggestions or comments on the proposed amendments prior to October 12, 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 Wildlife Bureau at (515)281-6156 or at the Wildlife Bureau offices on the fourth floor of the Wallace State Office Building.

Also, there will be a public hearing on October 12, 1999, at 10 a.m. in the Fourth Floor Conference Room of the Wallace State Office Building at which time persons may pre-sent 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 sections 481A.38, 481A.39, 481A.48 and 483A.7.

ITEM 1. Amend subrule 98.1(1) as follows:

98.1(1) License. All hunters must have in possession a spring wild turkey hunting license valid for the current year when hunting wild turkey. No person one, while hunting wild turkey, shall carry or have in possession any license or transportation tag issued to another person hunter. A person hunter having a license valid for one of the spring turkey seasons hunting periods may accompany, call for, or otherwise assist anyone having any other hunter who has a valid turkey hunting license in for any of the spring seasons hunting periods, except that the person hunter doing the assisting may not shoot a turkey or carry a firearm or bow unless the person hunter has a valid license with an unused tag for the current season. If a turkey is taken, it must be tagged with the tag issued to the person hunter who shot the turkey. Two types of licenses will be issued.

a. Combination shotgun-or-archery licenses will be issued by zone and period and will be valid in the designated zone or zones and for the designated period only. No person one shall apply for or obtain more than two combination spring shotgun-or-archery licenses per year. Hunters who obtain one or two combination shotgun-or-archery licenses, whether free or paid, may not apply for or obtain an archery-only license.

b. Archery-only licenses will be valid statewide and shall be valid during the entire all hunting period periods open for spring turkey hunting. No person one may apply for or obtain more than two archery-only licenses per year. Persons Hunters purchasing one or two archery-onlylicenses shall be ineligible to purchase any other spring wild turkey hunting may not apply for or obtain a combination shotgun-or-archery license.

ITEM 2. Amend subrule 98.2(2) as follows:

98.2(2) Prohibited devices. The use of live or electronically operated decoys, dogs, horses, motorized vehicles, aircraft, bait, crossbows, except as otherwise provided, and the use or aid of recorded or electronically amplified bird calls or sounds, or recorded or electronically amplified imitations of bird calls or sounds is prohibited, except that paraplegics and single or double amputees of the legs may hunt from any stationary motor-driven land conveyance. "Paraplegic" means an individual afflicted with paralysis of the lower half of the body with the involvement of both legs, usually due to disease of or injury to the spinal cord.

ITEM 3. Rescind and reserve subrule 98.2(4).

ITEM 4. Amend subrule 98.2(5) as follows:

98.2(5) Hunting periods. Hunting periods will be established in accordance with the type of license issued.

a. Combination shotgun-or-archery licenses. Consecutive hunting periods are 4, 5, 7, and 12 19 days, respectively, with the first hunting period beginning on the Monday closest to April 13.

b. Archery-only license. The hunting period shall be 28 35 days beginning on the Monday closest to April 13.

ITEM 5. Rescind subrule 98.3(1), paragraph "a," and adopt the following new paragraph in lieu thereof:

a. Combination shotgun-or-archery licenses. Applications for all combination shotgun-or-archery licenses will be received and accepted beginning the second Monday in January through the second Friday in February, or if they bear a valid and legible U.S. Postal Service postmark applied during that period. Licenses that are incomplete or improperly completed, do not meet the above conditions, or are received after the application period will not be considered valid. A hunter 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 $22.50 is submitted with each application. Applicants for Zones 1, 2 or 3 may apply for one choice of zone and hunting period on an application, and may, at the applicant's discretion, choose to accept a license for hunting period four in Zone 4 if the applicant's first choice is denied. No other second choice will be allowed. Applications that are complete except for a zone designation will be assigned to Zone 4. Applications for Zones 1, 2 or 3 that are complete except for a hunting period designation shall be rejected and returned to the applicant. Hunters who apply for more than one combination shotgun-or-archery license in a combination of zones, hunting periods or license types that is not permitted will have the second application received assigned to hunting period four in Zone 4.

If applications for Zones 1, 2 or 3 have been received in excess of the license quota for any zone or hunting period, a drawing will be conducted to determine which applicants receive licenses. If the quota for any hunting period in Zones 1, 2 or 3 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. If a second application period is necessary to fill quotas, only applications for paid licenses for those hunting periods in Zones 1, 2 or 3 with licenses still available will be accepted. Hunters who have not previously applied for a license, were unsuccessful in the first drawing or who have already received one combination shotgun-or-archery license for hunting period four in Zone 4 may apply for one license in any of the hunting periods for which licenses are still available.

ITEM 6. Amend subrule 98.3(2), paragraph "a," as follows:

a. Combination shotgun-or-archery licenses. A limited number of combination shotgun-or-archery hunting licenses will be issued for each zone for the first three hunting periods hunting period in Zones 1, 2 and 3. There shall be no limit on shotgun-or-archery licenses during hunting period four in any hunting period in Zone 4. The same quota shall apply to Zones 1, 2 and 3 in all four hunting periods. The maximum number of combination shotgun-or-archery licenses which will be issued in each zone for the designated hunting period(s) is as follows:

(1) Zone 1. 65.

(2) Zone 2. 125.

(3) Zone 3. 80.

(4) Zone 4. 5230, plus licenses issued for Zones 1, 2 and 3 shall also be valid in this zone. No limit.

ITEM 7. Amend subrule 98.3(4) as follows:

98.3(4) Landowner-tenant licenses. A landowner or tenant may obtain both a free combination shotgun-or-archery license and a paid shotgun-or-archery license, but the paid license must be obtained in the same manner that a nonlandowner or tenant obtains a second paid license as provided in 98.3(1). or a free archery-only license. If a free shotgun-or-archery license is obtained for hunting period four in Zone 4, an application may be submitted for a paid shotgun-or-archery license for any zone and hunting period. If a free shotgun-or-archery license is obtained for any huntingperiod other than hunting period four in Zone 4, the paidshotgun-or-archery application must be for hunting period four in Zone 4. If a free archery-only license is obtained, a paid archery-only license may be purchased during thearchery-only application period, but no shotgun-or-archery license may be applied for or obtained. The free license must be applied for on the landowner application form. Nonresident landowners are not eligible for a free wild turkey hunting license.

ITEM 8. Rescind and reserve rule 571--98.5(481A).

ITEM 9. 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 show proof they have paid the current year's habitat fee when hunting wild turkey. No person one, while hunting wild turkey, shall carry or have in possession any license or transportation tag issued to another person hunter. Licenses will be issued by zone and period and will be valid in the designated zone and period only. No person one shall obtain more than one nonresident spring wild turkey hunting license.

ITEM 10. Amend subrule 98.10(2) as follows:

98.10(2) Seasons. Bearded (or male) wild turkey may be taken only by the use of shotguns, muzzleloading shotguns, and bow and arrow during the first, third or fourth hunting periods. as defined in 98.2(5), paragraph "a." No nonresident permits hunting licenses will be issued for the second hunting period.

ITEM 11. Amend subrule 98.13(2) as follows:

98.13(2) Prohibited devices. The use of live or electronically operated decoys, dogs, horses, motorized vehicles, aircraft, bait, crossbows, except as otherwise provided, and the use or aid of recorded or electronically amplified bird calls or sounds, or recorded or electronically amplified imitations of bird calls or sounds is prohibited, except that paraplegics and single or double amputees of the legs may hunt from any stationary motor-driven land conveyance. "Paraplegic" means an individual afflicted with paralysis of the lower half of the body with the involvement of both legs, usually due to disease of or injury to the spinal cord.

ITEM 12. 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 must be made by telephoning 1-800-367-1188 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 one 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 $75.50.

ITEM 13. Rescind rule 571--98.16(483A).

ARC 9323A

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 106, "Deer Hunting," Iowa Administrative Code.

These rules give the regulations for hunting deer and include season dates, bag limits, possession limits, shooting hours, areas open to hunting, licensing procedures, means and methods of taking and transportation tag requirements. This amendment allows airports to obtain shooting permits to take deer for human safety reasons.

Any interested person may make written suggestions or comments on the proposed amendment on or before September 28, 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 Bureau at (515)281-6156 or at the Bureau offices on the fourth floor of the Wallace State Office Building.

There will be a public hearing on September 28, 1999, 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 amendment.

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.

This amendment is intended to implement Iowa Code sections 481A.38, 481A.39 and 481A.48.

The following amendment is proposed.

Amend subrule 106.11(4), paragraph "b," as follows:

b. Deer shooting permits. Permits for shooting deer outside an established hunting season may be issued to producers of high-value horticultural crops when damage cannot be controlled in a timely manner during the hunting seasons (such as late summer buck rubs in an orchard and winter browsing in a Christmas tree plantation), and to other agricultural producers and on areas such as airports where public safety may be an issue.

(1) Deer shooting permits will be issued at no cost to the producer applicant.

(2) The producer applicant or one or more designees approved by the department may take all the deer specified on the permit.

(3) Permits available to producers of high-value horticultural crops will allow taking deer from August 1 through March 31. Permits issued for August 1 through August 31 shall be valid only for taking antlered deer. Permits issued for September 1 through March 31 may be valid for taking antlered deer, antlerless deer or any deer, depending on the nature of the damage. Permits available to other agricultural producers will allow taking deer from September 1 through October 31.

(4) Permits issued due to public safety concerns may be used for taking any deer, as necessary, to address unpredictable intrusion which could jeopardize public safety. Permits may be issued for an entire year (January 1 through October 31) if the facility involved maintains a deer-proof fence.

(4) (5) The times, dates, place and other restrictions on shooting of deer will be specified on the permit.

(5) (6) Antlers from all deer recovered must be turned over to the conservation officer to be disposed of according to department rules.

(6) (7) Shooters must wear blaze orange and comply with all other applicable laws and regulations pertaining to shooting and hunting.

ARC 9297A

PERSONNEL DEPARTMENT[581]

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 19A.9, the Department of Personnel gives Notice of Intended Action to amend Chapter 15, "Benefits," Iowa Administrative Code.

The amendment to subrule 15.1(3) changes the date by which HMO and ODS benefit providers must acquire national accreditation in order to offer benefits to state employees, dependents, and retirees. The amendment also permits the director to waive accreditation for up to two years.

The amendment to rule 15.8(19A) correctly identifies the inclusive dates of the plan year that were previously approved by the governing body of the plan, the Executive Council.

Consideration will be given to all written comments or suggestions on the proposed amendments on or before September 28, 1999. Such written materials should be addressed to Gregg A. Schochenmaier, General Counsel, Department of Personnel, Grimes State Office Building, Des Moines, Iowa 50319; fax (515)242-6450 or E-mail gregg.schochenmaier@idop.state.ia.us.

Also, there will be a public hearing on September 28, 1999, at 1 p.m. in the North Conference Room, First Floor, Grimes State Office Building, Des Moines, Iowa, 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 Gregg Schochenmaier at (515) 281-5290 and advise of specific needs.

These amendments were also Adopted and Filed Emergency and are published herein as ARC 9298A. The content of that submission is incorporated by reference.

These amendments are intended to implement Iowa Code sections 19A.1(2)"c" and 19A.9 and Iowa Code chapter 509A.

ARC 9339A

PROFESSIONAL LICENSURE DIVISION[645]

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 Examiners for Nursing Home Administrators hereby gives Notice of Intended Action to amend Chapter 141, "Licensure of Nursing Home Administrators," and Chapter 143, "Continuing Education," Iowa Administrative Code.

Items 1 through 9 pertain to examinations. These amendments revise the application procedures pertaining to completion of the national examination and eliminate the requirement for a state examination. State law requires that each applicant for licensure as a nursing home administrator pass an examination. Accordingly, the board requires that all licensees complete and pass the national standardized examination of the National Association of Boards of Examiners of Long Term Care Administrators (NAB). The NAB procedures for completion of the national examination will change effective January 1, 2000, including implementation of automated access for candidates to complete the national examination. The amendments will ensure consistency in the application procedures to accommodate the changes in the national examination. Regarding the state examination, the board has determined that the continued administration of a state examination is unnecessary due to the comprehensive nature of the national examination and the recognition that there are areas in which the two examinations overlap. Additionally, the state examination would be burdensome to continue, given the changes in the national examination.

Items 10 and 12 provide current information regarding the continuing education review service of the national association.

Item 11 pertains to the continuing education compliance period. This amendment will allow increased efficiency of the administration of board operations by making the compliance period identical to the license renewal period.

These amendments do not provide for waivers in specified situations, because of one or both of the following reasons: (1) the amendments pertain to a statutory requirement, and the amendments cannot waive the requirement; or (2) the amendment provides for the increased efficiency of the board operation or is a technical change, and a waiver would not confer a benefit nor would a waiver be appropriate in any situation that can be specified.

Any interested person may make written comments on the proposed amendments not later than September 30, 1999, addressed to Sharon Dozier, Professional Licensure, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075.

A public hearing will be held on September 30, 1999, from 10 a.m. to 12 noon, Fifth Floor Board Conference Room, Lucas State Office Building, 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 proposed amendments. Persons with disabilities requiring assistive services or devices to participate should contact the Department of Public Health and advise of special needs. The Board requests submission of a written copy of all oral comments presented at the hearing.

The Board has determined that the amendments will have no impact on small business within the meaning of Iowa Code section 17A.4A.

These amendments are intended to implement Iowa Code chapters 155 and 272C.

The following amendments are proposed.

ITEM 1. Amend subrule 141.5(1) as follows:

141.5(1) Each applicant for licensure as a nursing home administrator shall complete an application on a form furnished by the board. The application, which may be obtained from the Professional Licensure Division, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075, supporting data and documents required by the board must be completed and on file at least 45 30 days prior to the announced licensure examination date date applicant desires board eligibility determination for the examination. Each applicant found to be eligible for the examination date will be notified by letter to the address shown on the application, of eligibility for, and of the time and place of the examination at least 14 days prior to the examination date. The board shall notify the examination service of applicant eligibility for the examination.

ITEM 2. Amend subrule 141.5(2) as follows:

141.5(2) Each applicant who is otherwise qualified and has passed the approved state and national examinations examination will be notified of eligibility for licensure.

ITEM 3. Amend subrule 141.5(3) as follows:

141.5(3) Each applicant who fails the state or national examination may apply to the board for reexamination at the next examination scheduled by the board. The applicant shall not be examined more than three times for either the state or national examination, except as provided in subrule 141.5(4).

ITEM 4. Amend subrule 141.5(4) as follows:

141.5(4) If the applicant fails a third state or national examination, education in areas established by the board must be obtained before another examination will be allowed or a license is issued.

ITEM 5. Amend subrule 141.5(5) as follows:

141.5(5) Application forms are available from the department of public health. License and examination fees are nonrefundable and are sent to: Board of Examiners for Nursing Home Administrators, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075. Examination fees must be received in the board office at least 20 days prior to the testing date.

ITEM 6. Amend rule 645--141.6(155), introductory paragraph, as follows:

645--141.6(155) Examination. Each applicant for licensure shall be required to pass a national and a state examination.

ITEM 7. Amend subrule 141.6(1) as follows:

141.6(1) National examination. The passing score is a scaled score, set by the National Association for of Boards of Examiners for Nursing Home Administrators of Long Term Care Administrators. This examination tests knowledge of the domains of practice including:

a. Resident care management;

b. Personnel management;

c. Financial management;

d. Organizational management; Environmental management;

e. Environmental management; Governance and management.

f. Regulatory management.

ITEM 8. Rescind and reserve subrules 141.6(2) and 141.6(3).

ITEM 9. Rescind and reserve subrules 141.11(2) and 141.11(3).

ITEM 10. Amend rule 645--143.1(272C), definition of "National Continuing Education Review Service (NCERS)" as follows:

"National Continuing Education Review Service (NCERS)" means the continuing education review service operated by the National Association of Boards of Examiners for Nursing Home Administrators, of Long Term Care Administrators, #200, 808 17th Street NW 1444 I Street NW, Suite 700, Washington, DC 20006 20005-2210.

ITEM 11. Amend subrule 143.2(2) as follows:

143.2(2) The continuing education compliance period shall extend from October 1 of one odd-numbered year of a biennium to September 30 of the next odd-numbered year of the biennium during which period attendance at approved continuing education programs may be used as evidence of fulfilling continuing education requirements for the subsequent license renewal period beginning January 1. Beginning January 1, 2000, the continuing education compliance period shall be each biennium beginning January 1 of each even-numbered year to December 31 of the next odd-numbered year.

ITEM 12. Amend subrule 143.4(1), introductory paragraph, as follows:

143.4(1) Prior approval of activities. Offerings and providers approved by the National Continuing Education Review Service (NCERS) are deemed approved by the board. Organizations which desire prior approval of a course, program or other continuing education activity from NCERS may apply for approval to the National Continuing Education Review Service (NCERS), 808 17th St. NW, #200, Washington, DC 20006 1444 I Street NW, Suite 700, Washington, DC 20005-2210.

ARC 9346A

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, the Department of Revenue and Finance hereby gives Notice of Intended Action to amend Chapter 67, "Administration," Chapter 68, "Motor Fuel and Undyed Special Fuel," and Chapter 69, "Liquefied Petroleum Gas--Compressed Natural Gas," Iowa Administrative Code.

Item 1 amends the definition of "Exporter" to provide that a person need not export fuel exclusively to be considered an exporter.

Item 2 amends the definition of "Motor fuel" to include "transmix" which is used as a buffer between different types of fuel products as they pass through the pipeline distribution system.

Items 3 and 4 provide that an agreement may be reached between the Department and the taxpayer to extend the statute of limitations for making an assessment and claiming a refund.

Items 5 to 12, 14, 15, 18, 23, and 25 to 27 provide consistency in the motor vehicle fuel tax rules by changing the word "report" to "return" or adding the word "report" or "return".

Items 13 and 24 require L.P.G. (liquified petroleum gas) and C.N.G. (compressed natural gas) dealers and users to post a bond when delinquent in paying the tax or filing returns and specify the amount of bond required.

Item 16 requires a licensee who collects tax in error from a consumer to either return the tax to the consumer or remit it to the Department.

Item 17 clarifies that the tax is to be paid by the person who owns the fuel at the time it is imported into the state.

Items 19 and 20 clarify that a tax refund is available on fuel used in machinery and equipment used for nonhighway purposes.

Item 21 deletes an obsolete provision pertaining to refunds not being allowed for the tax paid on fuel used in the performance of a contract paid from state funds.

Item 22 prohibits the allowance of an income tax credit for the tax paid on fuel relating to idle time, power takeoffs, reefer units, exports, and excess tax paid on ethanol blended gasoline. Refund claims are required to be filed under these circumstances.

The proposed amendments will not necessitate additional expenditures by political subdivisions or agencies and entities which contract with political subdivisions.

There are no waiver provisions reflected in these rules because the Department lacks the statutory authority to grant waivers where rules are mainly an interpretation of statutes.

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.4A [1998 Iowa Acts, chapter 1202, section 10]. The Department will issue a regulatory analysis as provided in Iowa Code section 17A.4A [1998 Iowa Acts, chapter 1202, section 10] if a written request is filed by delivery or by mailing postmarked no later than October 11, 1999, 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 Administrative Rules Coordinator, at least 25 persons signing that request who qualify as a small business, or an organization representing at least 25 such persons.

Any interested person may make written suggestions or comments on these proposed amendments on or before October 8, 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.

Persons who want to orally convey their views should contact the Policy Section, Compliance Division, Department of Revenue and Finance, at (515)281-4250 or at the Department of Revenue and Finance offices on the fourth floor of the Hoover State Office Building.

Requests for a public hearing must be received by October 1, 1999.

These amendments are intended to implement Iowa Code chapter 452A as amended by 1999 Iowa Acts, Senate File 136.

The following amendments are proposed.

ITEM 1. Amend rule 701--67.1(452A), definition of "Exporter," as follows:

"Exporter" means a person or other entity who acquires fuel in this state exclusively for export to another state.

ITEM 2. Amend rule 701--67.1(452A), definition of "Motor fuel," numbered paragraph "1," as follows:

1. All products commonly or commercially known or sold as gasoline (including casinghead and absorption or natural gasoline) regardless of their classifications or uses, and including transmix which serves as a buffer between fuel products in the pipeline distribution process.

ITEM 3. Amend rule 701--67.2(452A) by adopting the following new unnumbered paragraph at the end thereof:

The three-year period of limitation may be extended by a taxpayer by signing a waiver agreement form to be provided by the department. The agreement must stipulate the period of extension and must also provide that a claim for refund may be filed by the taxpayer at any time during the period of extension.

ITEM 4. Amend rule 701--67.2(452A), implementation clause, as follows:

This rule is intended to implement Iowa Code section 452A.67 as amended by 1999 Iowa Acts, Senate File 136.

ITEM 5. Amend subrule 67.3(10), paragraph "d," as follows:

d. Supporting documents and audit trail. The audit trail should be designed so that the details underlying the summary accounting data may be identified and made available to the director or the director's designated representative upon request. The system should be designed so that the supporting documents, such as sales invoices and purchase invoices, are readily available. (An audit trail is defined as the condition of having sufficient documentary evidence to trace an item from source, such as invoice or check, to a financial statement or tax return or report; or the reverse, that is, to have an auditable system.)

ITEM 6. Amend rule 701--67.3(452A), implementation clause, as follows:

This rule is intended to implement Iowa Code sections 452A.8, 452A.9 to 452A.10, 452A.15, 452A.17, 452A.59, and 452A.60, and 452A.62, as amended by 1995 1999 Iowa Acts, chapter 155, Senate File 136, and Iowa Code section sections 452A.10, 452A.59, 452A.62, and 452A.69.

ITEM 7. Amend rule 701--67.5(452A) as follows:

701--67.5(452A) Estimate gallonage. It is the duty of the department to collect all taxes on fuel due the state of Iowa. In the event the taxpayer's records are lacking or inadequate to support any report return filed by the taxpayer, or to determine the taxpayer's liability, the department has the power to estimate the gallonage upon which tax is due. This estimation will be based upon such factors as, but not limited to, the following: (1) prior experience of the taxpayer, (2) taxpayers in similar situations, (3) industry averages, (4) records of suppliers or customers, and (5) other pertinent information the department may possess, obtain or examine.

This rule is intended to implement Iowa Code section 452A.64.

ITEM 8. Amend rule 701--67.11(452A), introductory paragraph, as follows:

701--67.11(452A) Reports, returns, records--variations. The department will prescribe and furnish forms upon which reports, returns, and applications are to be made to the department under Iowa Code chapter 452A. Claims for refund will be made on forms provided by the department or in any other manner as prescribed by the director. Licensees may substitute forms for their use, other than official forms, if all the requirements in department rule 701--8.3(17A) are met.

ITEM 9. Amend rule 701--67.11(452A), implementation clause, as follows:

This rule is intended to implement Iowa Code section 452A.60 as amended by 1995 1999 Iowa Acts, chapter 155 Senate File 136.

ITEM 10. Amend subrules 67.15(1) and 67.15(2) as follows:

67.15(1) Motor fuel and undyed special fuel suppliers must inform the department upon which bill(s) of lading, by number, and upon which monthly report(s) return(s) the tax was erroneously paid. The gallonage upon which a refund is requested on motor fuel or undyed special fuel must be reduced by the distribution allowance provided in Iowa Code section 452A.5. An amended return must be filed for the tax period in which the error occurred.

67.15(2) Restrictive suppliers, importers, and blenders must inform the department upon which bill(s) of lading or invoice, by number, and upon which monthly or semimonthly report(s) return(s) the tax was erroneously paid and an explanation of the erroneous payment. An amended return must be filed for the tax period in which the error occurred.

ITEM 11. Amend rule 701--67.17(452A) as follows:

701--67.17(452A) Information confidential. Iowa Code section 452A.63, which makes all information obtained from reports, returns, or records required to be filed or kept under Iowa Code chapter 452A confidential, applies generally to the director, deputies, auditors, agents, officers, or other employees of the department. The information may be divulged to the appropriate public officials enumerated in Iowa Code section 452A.63. These public officials include (1) member(s) of the Iowa General Assembly, (2) committees of either house of the Iowa legislature, (3) state officers, (4) persons who have responsibility for the enforcement of Iowa Code chapter 452A, (5) officials of the federal government entrusted with enforcement of federal motor vehicle fuel tax laws, and (6) officials of other states who have responsibility to enforce motor vehicle fuel tax laws and who will furnish like information to the department. An exception to this rule is that the appropriate state agency may make available to the public the total gallons of motor fuel, undyed special fuel, and ethanol-blended gasoline withdrawn from terminals or imported into the state by suppliers, restrictive suppliers, and importers. The public request must be made within 45 days following the last day of the month in which the tax is required to be paid. See rule 701--6.3(17A) for procedures for requesting information.

This rule is intended to implement Iowa Code section 452A.63 as amended by 1996 1999 Iowa Acts, House Senate File 2140 136.

ITEM 12. Amend rule 701--67.18(452A) as follows:

701--67.18(452A) Delegation to audit and examine. Pursuant to statutory authority, the director of revenue and finance delegates to the coadministrators of the compliance division the power to examine reports, returns, and records, make audits, and determine the correct amount of tax, interest, penalties, and fines due, and to take all actions authorized to collect the same, subject to review by or appeal to the director of revenue and finance. The power so delegated may further be delegated by the coadministrators of the division to auditors, clerks, examiners, and employees of the division.

This rule is intended to implement Iowa Code sections 452A.62 and 452A.76 as amended by 1995 Iowa Acts, chapter 155.

ITEM 13. Amend subrule 67.21(1), paragraph "c," by adopting the following new subparagraph (4):

(4) L.P.G. and C.N.G. dealers and users will be requested to post a bond or security when they have had two or more delinquencies in remitting the fuel tax or timely filing monthly returns during the past 12 months. The bond or security will be an amount sufficient to cover 12 months' fuel tax liability or $500, whichever is greater.

ITEM 14. Amend subrule 67.23(4) as follows:

67.23(4) Revocation of a license. The department may revoke the license of any licensee who becomes substantially delinquent in paying any tax which is administered by the department or the interest or penalty on the tax and will revoke a permit license of an individual if the department has received a certificate of noncompliance from the child support recovery unit in regard to an individual. If a licensee is a corporation, the department may revoke the license if any officer with a substantial legal or equitable interest in the ownership of the corporation owes any delinquent tax, penalty, or interest of the applicant corporation. If the licensee is a partnership, the license may not be revoked for a partner's substantial delinquency in paying any tax, penalty, or interest which is not a liability of the partnership. See rule 701--13.16(422) for characterizations of the terms "tax administered by the department" and "substantially delinquent" in paying a tax. The department may also revoke the license of any licensee who abuses the privileges for which the license was issued, who files a false report return, or who fails to file a report return (including supporting schedules), pay the full amount of tax due, produce records requested, or extend cooperation to the department. See rule 701-- 7.24(17A) for rights to appeal.

ITEM 15. Amend rule 701--67.24(452A), first, fifth and seventh unnumbered paragraphs, and the implementation clause as follows:

Pursuant to the director's statutory authority in Iowa Code section 452A.68 to restore licenses after being canceled for cause, the director has determined that upon the cancellation of a motor vehicle fuel tax license the initial time, the licensee will be required to pay all delinquent fuel tax liabilities including interest and penalty, to file reports returns, and to post a bond and have refrained from activities requiring a license under sections 452A.4 and 452A.6 during the waiting period as required by the director prior to the reinstatement or issuance of a new motor vehicle fuel tax license.

Failure to file a report or return timely.

Failure to file a return and pay tax as shown on the report return (counts as one offense).

This rule is intended to implement Iowa Code section 452A.68 as amended by 1999 Iowa Acts, Senate File 136.

ITEM 16. Amend 701--Chapter 67 by adopting the following new rule:

701--67.26(452A) Excess tax collected. If a licensee collects tax on exempt fuel or collects more tax than is due, the licensee must return the excess tax paid to the purchaser if the tax has not been paid to the department. If the tax has been paid to the department, the department will return the excess tax paid to the consumer upon appropriate documentation.

This rule is intended to implement 1999 Iowa Acts, Senate File 136, section 66.

ITEM 17. Amend rule 701--68.2(452A) as follows:

Amend subrule 68.2(2) as follows:

68.2(2) The tax attaches when the fuel is withdrawn from a terminal or imported into Iowa. The tax is payable to the department by the supplier, restrictive supplier, importer, blender, or any person who owns or causes the fuel to be at the time it is brought into the state by a restrictive supplier or importer or any other person who possesses taxable fuel upon which the tax has not been paid. The tax is to be remitted to the department by a supplier, restrictive supplier, or blender by the last day of the month following the month in which the fuel is withdrawn from a terminal or imported. The tax is to be remitted by an importer by the last day of the month for fuel imported in the first 15 days of the month and by the fifteenth day of the following month for fuel imported after the fifteenth day of the previous month. Nonlicensees who possess taxable fuel upon which the tax has not been paid must file returns and pay the tax the same as a restrictive supplier (monthly). All licensees must make payment by electronic funds transfer (see publication 90-201 for EFT requirements).

Amend the implementation clause at the end of the rule as follows:

This rule is intended to implement Iowa Code section 452A.3 as amended by 1999 Iowa Acts, Senate File 136, and section 452A.8 as amended by 1995 Iowa Acts, chapter 155.

ITEM 18. Amend rule 701--68.5(452A) as follows:

701--68.5(452A) Tax reports returns--computations.

68.5(1) to 68.5(4) No change.

All entries on the report return for determining the tax liability must be rounded to the nearest whole number.

This rule is intended to implement Iowa Code sections 452A.3, 452A.5, 452A.8, and 452A.9 as amended by 1995 1999 Iowa Acts, chapter 155 Senate File 136, and section 452A.5.

ITEM 19. Amend subrule 68.8(5) as follows:

68.8(5) Fuel used in unlicensed vehicles, stationary engines, machinery and equipment used for nonhighway purposes, for home heating, and implements used in agricultural production, and fuel used for home heating.

ITEM 20. Amend rule 701--68.8(452A), implementation clause, as follows:

This rule is intended to implement Iowa Code sections section 452A.17 as amended by 1997 1999 Iowa Acts, House File 266 Senate File 136, and section 452A.71.

ITEM 21. Rescind subrule 68.9(6).

ITEM 22. Amend rule 701--68.12(452A) as follows:

701--68.12(452A) Income tax credit in lieu of refund. In lieu of applying for a refund permit, a person or corporation may claim the refund allowable under Iowa Code section 452A.17 as an income tax credit. If a person or corporation holds a refund permit and elects to receive an income tax credit, the person or corporation must cancel the refund permit within 30 days after the first day of its year or the permit becomes invalid and application must be made for a new permit. Once the election to receive an income tax credit has been made, it remains in effect until the election is changed. The income tax credit is not available for refunds relating to casualty losses, transport diversions, pumping credits, and blending errors, idle time, power takeoffs, reefer units, exports by distributors, and excess tax paid on ethanol blended gasoline.

This rule is intended to implement Iowa Code sections 422.110, 452A.17(4)(2), and 452A.21 as amended by 1995 1999 Iowa Acts, chapter 155 Senate File 136.

ITEM 23. Amend rule 701--69.2(452A), last unnumbered paragraph, as follows:

The report return and tax are due no later than the last day of the month following the month the L.P.G. was placed in a vehicle or C.N.G. was placed into compressing equipment. The tax must be remitted by means of electronic funds transfer, unless the licensee can show that this method of payment would cause undue hardship on the licensee and must be rounded to the nearest whole number.

ITEM 24. Amend subrule 69.4(2) as follows:

69.4(2) Existing license holders. Existing license holders will be requested to post a bond or security when they have had two or more delinquencies in remitting the fuel tax or filing returns timely during the past 12 months when filing returns on a monthly basis. The bond or security will be an amount sufficient to cover 12 months' fuel tax liability or $500, whichever is greater. The simultaneous late filing of the return and the late payment of the tax will count as one delinquency. However, the late filing of the return or late payment of the tax will not count as a delinquency if the license holder can satisfy one of the conditions set forth in Iowa Code section 421.27 (penalty waiver). For waiver of bond see 701--paragraph 67.21(1)"e."

ITEM 25. Amend rule 701--69.8(452A) as follows:

701--69.8(452A) Single license for each location. A single license is required for each separate place of business or location where L.P.G. or C.N.G. is delivered into the fuel supply tank of a motor vehicle. For reporting purposes (see rule 69.2(452A)) a licensee may file a separate report return for each license; or, if arrangements have been made with the department, the licensee may file a consolidated report return reporting all sales made at all locations for which a license is held. However, a consolidated report return may not be used to combine dealer and user operations. All working papers used in the preparation of the information required must be available for examination by the department. All dealer or user operations at that location will be conducted under that license. A licensee may have a different type of license (dealer, user) for each separate location where L.P.G. or C.N.G. is dispensed. For instance, if a licensee holds an L.P.G. or C.N.G. dealer's license for location A and an L.P.G. or C.N.G. user's license for location B, the licensee may sell fuel to others or fuel the licensee's own vehicles at location A, but may only fuel the licensee's own vehicles at location B.

This rule is intended to implement Iowa Code section 452A.8.

ITEM 26. Amend subrule 69.13(2), first unnumbered paragraph, as follows:

If the contract carrier is licensed as an L.P.G. fuel dealer or user, the licensee may buy the fuel tax-free, but the tax must be remitted on the monthly dealer or user report return.

ITEM 27. Amend rule 701--69.15(452A), last paragraph, and the implementation clause as follows:

For reporting purposes, the meter shall be considered two meters, one before the seal breakage and one after, and should be reported on that basis, noting the seal breakage on the report return. The meter readings of the meter before the seal breakage shall be reported by meter number as usual. The meter readings after the meter was resealed shall be reported by using the meter number plus the letter "A." The two readings must appear on the same report form return schedule.

This rule is intended to implement Iowa Code sections 452A.3, and 452A.8, as amended by 1999 Iowa Acts, Senate File 136, and sections 452A.59, and 452A.62.

ARC 9311A

SCHOOL BUDGET REVIEW COMMITTEE[289]

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 256.7(5) and 257.31(10) and section 17A.3 as amended by 1998 Iowa Acts, chapter 1202, the State Board of Education hereby gives Notice of Intended Action to adopt a new Chapter 7, "On-Time Funding for Increased Enrollment," Iowa Administrative Code.

The proposed rules incorporate criteria adopted by the School Budget Review Committee (SBRC) regarding increased enrollment and requirements included in 1999 Iowa Acts, House File 147.

1999 Iowa Acts, House File 147, makes provision for an appropriation to be given to school districts which experience an actual enrollment for the budget year which is greater than the budget enrollment for the budget year. The legislation requires the SBRC to consider the relative increase in enrollment on a district-by-district basis in determining whether to approve the request. The district must apply by November 1 per 1999 Iowa Acts, House File 147.

Any interested person may submit written comments on or before September 28, 1999, by addressing them to Su McCurdy, Administrative Consultant, Department of Edu-cation, Grimes State Office Building, Des Moines, Iowa 50319-0146; fax (515)281-7700. Comments should be restricted to the subject of the proposed rules.

There will be a public hearing held over the ICN on September 28, 1999, beginning at 12:30 p.m. at which persons may present their comments orally. Sites will be available in each AEA and in the ICN Room, Second Floor, Grimes State Office Building, Des Moines, Iowa. There will be a second public hearing on September 28, 1999, beginning at 2:30 p.m. in the State Board Room, Second Floor, Grimes State Office Building, Des Moines, Iowa, at which persons may present their comments orally and in writing. At the hearings, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed rules. Any persons who intend to attend a public hearing and have special requirements such as hearing or mobility impairments should contact the Department of Education and advise of the specific needs prior to September 17, 1999.

These rules are intended to implement 1999 Iowa Acts, House File 147.

The following new chapter is proposed.

CHAPTER 7
ON-TIME FUNDING
FOR INCREASED ENROLLMENT

289--7.1(257) Definitions. For the purpose of this chapter, the following definition applies.

"Increased enrollment" means an actual enrollment for the budget year which is greater than the budget enrollment for the budget year. Enrollment shall be determined pursuant to Iowa Code section 257.6.

289--7.2(257) On-time funding eligibility.

7.2(1) Eligibility. A district is eligible to request on-time funding if it experiences increased enrollment and it incurs additional costs due to the increased enrollment in one or both of the following categories.

a. The district adds an additional teacher or other instructional staff due to the increased enrollment or incurs additional expenditures for instructional supplies.

b. The district incurs additional expenditures other than instructional staff and instructional supplies. This would include, but not be limited to, expenditures for transportation and equipment.

7.2(2) Expenditure definitions. Expenditure objects and functions shall be defined according to Uniform Financial Accounting for Iowa LEAs and AEAs.

7.2(3) Special education expenditures excluded. Expenditures shall not include instructional staff, instructional supplies, or other expenditures for students eligible for the special education weighting plan provided in Iowa Code section 256B.9.

7.2(4) Average costs. Expenditures for instructional staff and instructional supplies shall be based on average costs. Average costs for instructional staff shall be determined separately for teachers, teacher aides, and other instructional staff. The average shall be calculated as the sum of expenditure objects for salaries, employee benefits, travel, in-service, and professional dues divided by the total staff full-time equivalency in each category. The average costs shall be multiplied by the staff full-time equivalency increase in each staff classification to determine increased expenditures for instructional staff. The average instructional supplies costs shall be determined separately for elementary, middle or junior high, and high school. The average shall be calculated as the sum of the expenditure objects for general supplies, books and periodicals, software and magnetic media, and audio-visual media within the expenditure function of instruction divided by the total student full-time equivalency at each level. The average cost shall be multiplied by the student full-time equivalency increase at each level to determine increased expenditures for instructional supplies. Actual expenditures for the base year shall be used in the calculation. The school budget review committee (SBRC) will provide a form for the purpose of calculating these average costs.

7.2(5) Additional expenditures. If the school district has expenditures due to increased enrollment other than for instructional staff and instructional supplies, the district shall provide a listing of the additional expenditures and a statement showing the relationship between the additional expenditures and the increased enrollment.

289--7.3(257) Maximum on-time funding for increased enrollment.

7.3(1) Maximum requests. The total amount requested for on-time funding shall not be greater than the increased enrollment multiplied by the state cost per pupil for the budget year.

7.3(2) Proration of appropriation. If the total amount of the requests for on-time funding approved by the SBRC exceeds the appropriation to the department of education to be paid to school districts as on-time funding for increased enrollment, the appropriation shall be prorated such that each school district approved for on-time funding shall receive an amount of on-time funding equal to the percentage that the on-time funding to be provided to the district bears to the total amount of on-time funding to be provided to all districts receiving SBRC approval.

7.3(3) Reduction for budget adjustment. The amount of funding calculated and approved by the SBRC pursuant to this chapter shall be reduced by the amount of budget adjustment which the district is receiving for the budget year.

289--7.4(257) Due date. An application for on-time funding for increased enrollment must be on the forms provided by the SBRC and is due November 1. The application form shall include an assurance statement certifying the accuracy of the information submitted. A copy of the resolution of the board of directors of the school district requesting the on-time funding must be included with the application.

These rules are intended to implement 1999 Iowa Acts, House File 147, section 2.

ARC 9348A

SECRETARY OF STATE[721]

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 9.1, 17A.3 and 10B.4, the Secretary of State gives Notice of Intended Action to amend Chapter 4, "Forms," Iowa Administrative Code.

The purpose of the proposed amendment is to adopt rules as required by Iowa Code section 10B.4 concerning the Annual Agricultural Landholding Report.

Any interested persons may make written suggestions or comments on this proposed amendment on or before September 28, 1999. Written materials should be directed to Dean Lerner, Chief Deputy Secretary of State, Second Floor, Hoover State Office Building, Des Moines, Iowa 50319.

A public hearing will be held on September 28, 1999, from 10 to 10:30 a.m. in the O'Connor Conference Room, Secretary of State's offices on the second floor of theHoover State Office Building, Des Moines, Iowa.

This amendment is intended to implement Iowa Code section 10B.4.

The following amendment is proposed.

Amend subrule 4.2(4) as follows:

4.2(4) Farm reporting.

Form Number
Description
FR-1
Agricultural Report
FR-2
Information on Agricultural Reports
FR-3
Pork and Beef Processor Report
FR-4
Registration of Nonresident Alien
Land Ownership
FR-5
Nonresident Alien Ownership
Report
FR-6 (10B.4)
Annual Agricultural Landholding
Report

ARC 9293A

SECRETARY OF STATE[721]

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 47.1, the Secretary of State hereby gives Notice of Intended Action to amend Chapter 21, "Election Forms and Instructions," Iowa Administrative Code.

These amendments deal with the certification of results of local option tax elections to the Department of Revenue and Finance. They provide clarification for a new term, "abstract of ballot." This term is used in 1999 Iowa Acts, Senate File 469, sections 10 and 16, but is neither defined nor used anywhere else in the Code of Iowa. In Item 1, "abstract of ballot" is defined to mean "abstract of votes." In Item 2, "abstract of ballot" is inserted into an existing rule to bring that rule into agreement with changes made by 1999 Iowa Acts, Senate File 469. 1999 Iowa Acts, Senate File 469, sections 10 and 16, change the responsibility for giving notice of the election from the board of supervisors to the county auditor. Item 2 amends the existing rule to comply with this change.

Any interested person may make written suggestions or comments on the proposed amendments on or before Tuesday, September 28, 1999. Written comments should be sent to the Elections Division, Office of the Secretary of State, Second Floor, Hoover State Office Building, Des Moines, Iowa 50319-0138; fax (515)242-3932. Anyone who wishes to comment orally may telephone the Elections Division at (515)281-5823 or visit the office on the second floor of the Hoover Building.

There will be a public hearing on Tuesday, September 28, 1999, at 1:30 p.m. at the office of the Secretary of State, Second Floor, Hoover State Office Building. Persons may comment orally or in writing. Everyone who speaks at the hearing will be asked to give their names and addresses for the record, and to confine their remarks to the subject of the amendments.

These amendments were also Adopted and Filed Emergency and are published herein as ARC 9294A. The content of that submission is incorporated by reference.

These amendments are intended to implement 1999 Iowa Acts, Senate File 469, sections 10 and 16.

ARC 9319A

TRANSPORTATION DEPARTMENT[761]

Notice of Intended Action

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 307.10 and 307.12, the Department of Transportation hereby gives Notice of Intended Action to amend Chapter 400, "Vehicle Registration and Certificate of Title," and Chapter 425, "Motor Vehicle and Travel Trailer Dealers, Manufacturers, Distributors and Wholesalers," Iowa Administrative Code.

1999 Iowa Acts, House File 299, provides that an applicant for registration and issuance of a certificate of title who does not have a social security number but has a passport shall list the passport number on the application. House File 299 also allows the applicant to list an out-of-state driver's license number on the application. Item 1 amends subrule 400.3(2) accordingly. This subrule is also being amended to clarify that neither an out-of-state driver's license number nor a passport number will be listed on the title and registration documents. No waiver is provided because acceptance of a passport number and an out-of-state driver's license number on the application is a statutory mandate.

Item 2 implements 1999 Iowa Acts, Senate File 203, section 4, which provides that the owner of a vehicle titled in a foreign jurisdiction but registered in Iowa may transfer ownership of the vehicle to an Iowa licensed motor vehicle dealer without first obtaining an Iowa certificate of title if the foreign title is held by a secured party and the dealer has forwarded to the secured party the sum necessary to discharge the security interest. No waiver is provided because the new statutory language is the waiver.

Item 3 rescinds subrule 400.5(2), which addressed application for special mobile equipment plates. 1999 Iowa Acts, Senate File 203, section 28, repealed Iowa Code section 321.21, which provided for the issuance of these plates. Waiver is not applicable.

1999 Iowa Acts, Senate File 203, section 9, allows the use of a separate form prescribed by the Department to cancel a security interest. Item 4 implements this legislation. No waiver is provided because use of a separate form to note the cancellation of a security interest is permissive under the statute.

Item 5 implements 1999 Iowa Acts, Senate File 203, section 6, which provides that when a security interest is released by a lienholder on a separate form, but the lienholder has not delivered the certificate of title to the appropriate party, the owner may apply for a duplicate title. Item 5 also provides for application for a duplicate title when the original title has been altered. No waiver is provided because this amendment simply reflects new legislation and the fact that an altered title is not transferable.

Item 6 adopts a new rule requiring the owner of a truck tractor registered as a special truck to certify to the owner's county treasurer annually at the time of renewal that the truck tractor is not operated more than 15,000 miles annually. Iowa Code section 321.1, subsection 76, as amended by 1999 Iowa Acts, Senate File 203, section 3, states that a special truck does not include a truck tractor operated more than 15,000 miles annually. The new rule will provide verification each year that the vehicle is being operated within this statutory limitation. No waiver is provided because the mileage limitation is statutory.

Item 7 provides that registration plates may be reassigned and credit allowed when a vehicle owner transfers ownership of the vehicle to a trust created by that owner. No waiver is provided; rather, this provision provides flexibility when transferring ownership of a vehicle to a trust.

Item 8 amends the definition of "Regular business hours" to cite a statutory exception to the definition. Waiver is not applicable.

1998 Iowa Acts, chapter 1058 [Iowa Code subsection 322.5(4)], provides for the issuance of motor truck display permits. 1999 Iowa Acts, Senate File 203, section 23, provides for the issuance of firefighting and rescue show display permits. Item 9 adopts two new rules implementing these new statutory provisions. These new rules do not provide for waivers because the statutes themselves are waivers.

1997 Iowa Acts, chapter 108, section 38 [Iowa Code section 322.29], eliminated the licensing of motor vehicle factory branches, distributor branches, factory representatives, and distributor representatives. Items 10 and 11 make corresponding amendments. Waivers are not applicable.

1998 Iowa Acts, chapter 1121, section 6 [Iowa Code section 322.27A], requires a wholesaler to have financial liability coverage. Item 12 adopts a new rule reflecting this statutory requirement. No waiver is provided because the required coverages are statutory.

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

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

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

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

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

5. Be received by the Director's Staff Division no later than September 28, 1999.

A meeting to hear requested oral presentations is scheduled for Thursday, September 30, 1999, at 10:30 a.m. in the conference room of the Motor Vehicle Division, which is located on the lower level of Park Fair Mall, 100 Euclid Avenue, Des Moines, Iowa. The meeting will be canceled without further notice if no oral presentation is requested.

These proposed amendments may have an impact on small business. A request for a regulatory analysis pursuant to 1998 Iowa Acts, chapter 1202, section 10, must be received by the Director's Staff Division at the address listed in this Notice no later than 32 days after publication of this Notice in the Iowa Administrative Bulletin.

These amendments are intended to implement Iowa Code chapters 321 and 322 and 1999 Iowa Acts, House File 299, and 1999 Iowa Acts, Senate File 203, sections 3, 4, 6, 9, 23, and 28.

Proposed rule-making actions:

ITEM 1. Amend subrule 400.3(2) as follows:

400.3(2) Motor vehicle control number.

a. If the applicant is an individual:

(1) The individual's Iowa driver's license number and social security number shall be listed on the application form. If the individual does not have a social security number but has a passport, the passport number shall be listed. If the individual has neither an Iowa does not have a driver's license, number nor a social security number or a passport, the department shall assign a unique, temporary motor vehicle control number valid for two months. Before the expiration of two months, the individual shall return to the county treasurer's office and report the newly acquired Iowa driver's license, number or social security or passport number.

(2) The individual's Iowa driver's license number is the motor vehicle control number. If the individual does not have an Iowa driver's license, the individual's social security number is the motor vehicle control number.

b. If the applicant is a partnership, corporation, association, or governmental subdivision, for example, the federal employer's identification number shall be listed on the application form. This number is the entity's motor vehicle control number. If the organization does not have a federal employer's identification number, the department shall assign a unique motor vehicle control number.

c. Motor vehicle control numbers are coded and listed on the title and registration as follows:

1 - Iowa driver's license number

2 - Social security number

3 - Federal employer's identification number

If an individual has neither an Iowa driver's license number nor a social security number, a motor vehicle control number shall not be listed on the title and registration.

ITEM 2. Amend subrule 400.4(3) as follows:

Amend paragraph "b" as follows:

b. A certificate of title issued in a foreign jurisdiction may be assigned to a motor vehicle dealer in another jurisdiction, except to a motor vehicle dealer licensed in this state, and the dealer may reassign the certificate of title to the applicant. An assignment or reassignment form, issued by a foreign jurisdiction, may be used with a foreign title certificate to complete an assignment or reassignment of ownership from a foreign motor vehicle dealer to the applicant, providing provided the ownership chain is complete.

Reletter paragraphs "c" to "e" as paragraphs "e" to "g," respectively, and adopt new paragraphs "c" and "d" as follows:

c. An Iowa licensed motor vehicle dealer who acquires a vehicle registered in another state or country may reassign the foreign certificate of title to the applicant, as providedin Iowa Code subsection 321.48(2) and rule 761-- 400.27(321,322).

d. A person who registers a foreign vehicle underIowa Code subsection 321.23(3) shall be issued anontransferable-nonnegotiable registration. To transfer ownership of the vehicle, the owner must first obtain an Iowa certificate of title except as follows: If ownership is transferred to an Iowa licensed motor vehicle dealer as provided in Iowa Code subsection 321.23(3), the foreign certificate of title may be assigned to the dealer; the owner is not required to obtain an Iowa title. The dealer may then reassign the foreign title, as provided in Iowa Code subsection 321.48(2) and rule 761--400.27(321,322).

ITEM 3. Rescind and reserve subrule 400.5(2).

ITEM 4. Adopt new rule 761--400.8(321) as follows:

761--400.8(321) Release form for cancellation of security interest.

400.8(1) A secured party may use Form 411168 to note the cancellation of a security interest.

400.8(2) The secured party may also note the cancellation in a statement written on the secured party's letterhead if the statement contains the following information: county that issued the title; title number; security interest number; vehicle identification number; vehicle owner's name; secured party's name, street address, city, state and ZIP code; date the security interest was canceled; and signature of an authorized representative of the secured party.

400.8(3) The secured party shall forward the original release form (Form 411168 or the signed statement) to the department or to the county treasurer of the county where the title was issued. Facsimiles and photocopies are not acceptable.

400.8(4) The secured party shall note the cancellation on the face of the title, attach a copy of the release form to the title as evidence of cancellation, and forward the title to the next secured party or, if there is no other secured party, to the person designated by the owner or, if there is no person designated, to the owner.

This rule is intended to implement Iowa Code subsection 321.50(4) as amended by 1999 Iowa Acts, Senate File 203, section 9.

ITEM 5. Amend rule 761--400.12(321) as follows:

761--400.12(321) Duplicate certificate of title.

400.12(1) When a certificate of title is lost, or destroyed or altered, the owner or lienholder shall apply for a duplicate certificate of title. If a security interest noted on the certificate of title was released by the secured party on a separate form, but the secured party has not delivered the original certificate of title to the appropriate party, the owner may apply for a duplicate certificate of title as provided in Iowa Code section 321.42.

400.12(2) application Application for a duplicate certificate of title shall be made on Form 411033, "Application for Duplicate of Iowa Certificate of Title to a Motor Vehicle." All owners of the vehicle as listed on the certificate of title shall sign the application form. If an owner is deceased, the signatures and documents specified in subrules 400.14(4) and 400.14(5) shall be required in lieu of the deceased owner's signature. A person entitled to vehicle ownership under the laws of descent and distribution shall sign the required forms and shall insert the words "heir at law" following the signature.

This rule is intended to implement Iowa Code section 321.42.

ITEM 6. Adopt new rule 761--400.28(321) as follows:

761--400.28(321) Special trucks. The owner of a truck tractor registered as a special truck shall certify to the owner's county treasurer annually at the time of renewal that the truck tractor is not operated more than 15,000 miles annually.

This rule is intended to implement Iowa Code subsection 321.1(76) and section 321.121 and 1999 Iowa Acts, Senate File 203, section 3.

ITEM 7. Adopt new subrule 400.61(5) as follows:

400.61(5) Registration plates may be assigned and credit allowed if an owner listed on the certificate of title and registration transfers ownership of the vehicle to a trust created by that owner. The owner's copy of the registration receipt showing assignment to the trust shall be submitted.

ITEM 8. Amend rule 761--425.3(322), definition of "Regular business hours," as follows:

"Regular business hours" means to be consistently open to the public on a weekly basis at hours reported to the office of vehicle services. Except as provided in Iowa Code section 322.36, regular business hours for For a motor vehicle or travel trailer dealer or used vehicle wholesaler, regular business hours shall include a minimum of 32 posted hours between Monday and Friday, inclusive.

ITEM 9. Adopt new rules 761--425.30(322) and 761-- 425.31(322) as follows:

761--425.30(322) Motor truck display permit. Application for a permit under Iowa Code subsection 322.5(4) shall be made on Form 411176. The application shall include information or documentation showing that the nonresident motor vehicle dealer is eligible for issuance of a permit and that the event meets the statutory conditions for permit issuance.

This rule is intended to implement Iowa Code subsection 322.5(4).

761--425.31(322) Firefighting and rescue show permit.

425.31(1) Application for a firefighting and rescue show permit shall be made on Form 411220. The application shall include the name, address and license number of the applicant, the type of vehicles being displayed, and the following information about the vehicle show or exhibition: name, location, sponsor(s), and duration, including the opening and closing dates.

425.31(2) The permit is not valid on Sundays. Only one permit shall be issued to each licensee for an event.

425.31(3) The permit holder shall display the permit in a prominent place at the location of the vehicle show or exhibition.

This rule is intended to implement Iowa Code section 322.5 as amended by 1999 Iowa Acts, Senate File 203, section 23.

ITEM 10. Amend rule 761--425.50(322), introductory paragraph, as follows:

761--425.50(322) Manufacturers, distributors, and wholesalers, factory branches and distributor branches. This rule applies to the licensing of manufacturers, distributors, and wholesalers, factory branches and distributor branches of new motor vehicles and travel trailers. The licensing of used vehicle wholesalers is addressed in rule 425.52(322).

ITEM 11. Rescind and reserve paragraph 425.50(2)"a," subparagraph 425.50(2)"d"(3), and rule 761--425.51 (322).

ITEM 12. Adopt new rule 761--425.53(322) as follows:

761--425.53(322) Wholesaler's financial liability coverage. A new or used motor vehicle wholesaler shall certify on the license application that it has the required financial liability coverage in the limits set forth in Iowa Code section 322.27A. It is the wholesaler's responsibility to ensure that the required financial liability coverage is continuous with no lapse in coverage as long as the wholesaler maintains a valid wholesaler's license.

This rule is intended to implement Iowa Code section 322.27A.

ARC 9310A

TRANSPORTATION DEPARTMENT[761]

Notice of Intended Action

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 307.10 and 307.12, the Department of Transportation hereby gives Notice of Intended Action to amend Chapter 400, "Vehicle Registration and Certificate of Title," Iowa Administrative Code.

The amendment provides that only one signature is required when a "Doing Business As" (DBA) name is involved in a transfer of vehicle ownership. No waiver is provided. Instead, this amendment provides flexibility when a "DBA" name is involved. It allows an authorized representative to sign the transfer document.

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

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

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

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

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

5. Be received by the Director's Staff Division no later than September 28, 1999.

A meeting to hear requested oral presentations is scheduled for Thursday, September 30, 1999, at 10 a.m. in the conference room of the Motor Vehicle Division, which is located on the lower level of Park Fair Mall, 100 Euclid Avenue, Des Moines, Iowa.

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

The proposed amendment may have an impact on small business. A request for a regulatory analysis pursuant to 1998 Iowa Acts, chapter 1202, section 10, must be received by the Director's Staff Division at the address listed in this Notice no later than 32 days after publication of this Notice in the Iowa Administrative Bulletin.

This amendment is intended to implement Iowa Code section 321.45.

Proposed rule-making action:

Amend subrule 400.14(1) as follows:

400.14(1) Transfer of vehicle owned by more than one person.

a. If the names of the owners of a vehicle on the certificate of title or on the manufacturer's certificate of origin are joined by the word "or," as in "John Doe or Mary Doe," then the signature of either owner shall be is sufficient to transfer title or to junk the vehicle.

b. If ownership of a vehicle is stated as a name or names followed by the words "Doing Business As" or the initials "DBA" and another name, only the name of an owner followed by the signature of an authorized representative of an owner is required to transfer title or to junk the vehicle.

EXAMPLE: Ownership is stated as "John Smith and Mary Smith DBA Smith Repair." Jane Doe is an authorized representative of John Smith and Mary Smith. To transfer ownership, Jane Doe may sign as "John Smith and Mary Smith DBA Smith Repair, by Jane Doe," "John Smith and Mary Smith by Jane Doe," or "Smith Repair by Jane Doe."

c. In all other cases the signature of each named owner shall be is required.

ARC 9321A

TRANSPORTATION DEPARTMENT[761]

Notice of Intended Action

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 307.10 and 307.12, the Department of Transportation hereby gives Notice of Intended Action to amend Chapter 401, "Special Registration Plates," Iowa Administrative Code.

These amendments add two new types of special registration plates: Legion of Merit plates and veteran plates. See Items 8 and 12.

1999 Iowa Acts, Senate File 462, section 15, provides for Legion of Merit plates. Item 8 requires the applicant to provide a copy of the official government document verifying receipt of the Legion of Merit. A waiver is not appropriate, because eligibility for the plates needs to be verified.

The veteran plate is a special plate approved under Iowa Code paragraph 321.34(13)"d." 1999 Iowa Acts, House File 737, section 8, provides for deposit of the fees collected from the sale of veteran plates into the veterans license fee fund. Item 12 provides that eligibility is determined by the Commission of Veterans Affairs. A waiver is not provided, because the Department of Transportation does not determine eligibility.

Several amendments clarify the fact that special plates with processed emblems are limited to five characters. A waiver is not provided, because there is no room on these plates for six or more characters.

Chapter 401 is being amended to remove all references to Form 411065, which is the special plate application form. Because new types of special plates are added every year, Form 411065 is quite lengthy and needs to be overhauled. To maintain flexibility in this process and eliminate the need for amending the rules in the future for the sole purpose of correcting this form number, the amendments substitute more generic language. A waiver is not applicable.

Chapter 401 is also being amended to correct omissions and delete redundancies.

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

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

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

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

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

5. Be received by the Director's Staff Division no later than September 28, 1999.

A meeting to hear requested oral presentations is scheduled for Thursday, September 30, 1999, at 11 a.m. in the conference room of the Motor Vehicle Division, which is located on the lower level of Park Fair Mall, 100 Euclid Avenue, Des Moines, Iowa.

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

These amendments are intended to implement Iowa Code section 321.34.

Proposed rule-making actions:

ITEM 1. Amend subrule 401.2(1) as follows:

401.2(1) Original application.

a. Except for collegiate plates, application for letter-number designated special registration plates that do not have eligibility requirements shall be made directly to the county treasurer's office; no application form is required for these plates.

b. Collegiate plates, personalized plates, and special registration plates that have eligibility requirements must be requested using an application form prescribed by the department. Unless otherwise specified, completed application forms for special registration these plates shall be made submitted to the department at the following address: Office of Vehicle Services, Iowa Department of Transportation, P.O. Box 9278, Des Moines, Iowa 50306-9278. The office is located in Park Fair Mall, 100 Euclid Avenue, Des Moines. Application forms may be obtained from the office of vehicle services or from any county treasurer's office.

c. The issuance fee, if any, shall be submitted with the application.

ITEM 2. Amend subrules 401.6(1) and 401.6(5) as follows:

401.6(1) Application. Application for personalized plates shall be made on Form 411065 submitted to the department on a form prescribed by the department. The issuance fee is $25.

401.6(5) Gift certificate. A gift certificate for the issuance fee may be purchased by completing Form 411065 and submitting it to from the department using the prescribed application form. A gift certificate is void 90 days after issuance.

ITEM 3. Amend subrules 401.7(1) and 401.7(5) as follows:

401.7(1) Application. Application for collegiate plates shall be made on Form 411065 submitted to the department on a form prescribed by the department. The applicant may request letter-number designated collegiate plates or personalized collegiate plates. The issuance fee is $50.

401.7(5) Gift certificate. A gift certificate for the issuance fee may be purchased by completing Form 411065 and submitting it to from the department using the prescribed application form. A gift certificate is void 90 days after issuance.

ITEM 4. Amend rules 761--401.8(321) to 761-- 401.11(321) as follows:

761--401.8(321) Congressional Medal of Honor plates.

401.8(1) Application for Congressional Medal of Honor plates shall be made on Form 411065 submitted to the department on a form prescribed by the department. The applicant shall attach a copy of the official government document verifying receipt of the medal of honor.

401.8(2) Congressional Medal of Honor plates are limited to five characters. Personalized plates are not available.

761--401.9(321) Firefighter plates.

401.9(1) Application for firefighter plates shall be made on Form 411065 submitted to the department on a form prescribed by the department. The chief of the paid or volunteer fire department shall sign the back of the application form, certifying that the applicant is a current or former member of the fire department. If the chief cannot certify that the applicant is a former member, a person who has knowledge of the applicant's membership shall sign the application certifying that fact.

401.9(2) Firefighter plates are limited to five characters. Personalized plates are not available.

761--401.10(321) Emergency medical services plates.

401.10(1) Application for emergency medical services (EMS) plates shall be submitted to the Iowa department of public health on Form 411065 a form prescribed by the department of transportation. The department of public health shall determine whether the applicant is a current member of a paid or volunteer emergency medical services agency and, if so, certify this fact on the back of the application form.

401.10(2) A vehicle owner whose membership in a paid or volunteer emergency medical services agency is terminated shall within 30 days after termination surrender the EMS plates to the county treasurer in exchange for regular registration plates.

401.10(3) EMS plates are limited to five characters. Personalized plates are not available.

761--401.11(321) Natural resources plates--letter-number designated.

401.11(1) Application. Application for letter-number designated natural resources plates shall be made submitted to the county treasurer. The issuance fee is a $35 special natural resources fee.

401.11(2) Characters. Letter-number designated natural resources plates are limited to five characters.

401.11(2) 401.11(3) Renewal. The yearly validation fee is a $10 special natural resources fee. If renewal is delinquent for more than one month, a new application and $35 issuance fee are required.

401.11(3) 401.11(4) Reassignment. A vehicle owner may request reassignment of letter-number designated natural resources plates in accordance with subrule 401.6(4).

401.11(4) 401.11(5) Gift certificate. A gift certificate for the issuance fee may be purchased from the county treasurer. A gift certificate is void 90 days after issuance.

401.11(5) 401.11(6) Distribution of fees. Special natural resources fees are paid to the Iowa resources enhancement and protection (REAP) fund.

ITEM 5. Amend subrules 401.12(1) and 401.12(5) as follows:

401.12(1) Application. Application for personalized natural resources plates shall be made on Form 411065 submitted to the department on a form prescribed by the department. The issuance fee consists of a $35 special natural resources fee and a $45 personalized plate fee.

401.12(5) Gift certificate. A gift certificate for the issuance fee may be purchased by completing Form 411065 and submitting it to from the department using the prescribed application form. A gift certificate is void 90 days after issuance.

ITEM 6. Amend rule 761--401.16(321) as follows:

761--401.16(321) Special plates with processedemblems--general.

401.16(1) Fees. Following are the fees for special plates with processed emblems:

Type
Letter-Number

Personalized


Issu-ance
Validation
Issu- ance
Validation
Persons With Disabilities
$0
$0
$25
$5
Legion of Merit
$0
$0
N/A
N/A
Ex-POW
$0
$0
N/A
N/A
National Guard
$25
$5
$50
$5
Pearl Harbor
$25
$5
$50
$5
Purple Heart
$25
$5
$50
$5
U.S. Armed Forces
Retired
$25
$5
$50
$5
Silver or Bronze Star
$25
$5
$50
$5
Iowa Heritage
$35
$10
$60
$15
Education
$35
$10
$60
$15
Love Our Kids
$35
$10
$60
$15
Motorcycle Rider
Education
$35
$10
$60
$15
State Agency-Sponsored
$35
$10
$60
$15
Veteran
$35
$10
$60
$15

401.16(2) Application. Special plates with processed emblems may be ordered as follows:

a. Application for letter-number designated plates shall be submitted to the county treasurer when the plates have no eligibility requirements.

b. Unless specified otherwise, application Application for personalized plates or letter-number designated special plates with processed emblems eligibility requirements shall be made on Form 411065 submitted to the department on a form prescribed by the department.

401.16(3) Characters. Special plates with processed emblems are limited to five characters. Personalized special plates with processed emblems shall consist of no less than two nor more than five characters and shall be issued in accordance with subrule 401.6(2), paragraphs "a" to "d."

401.16(4) Renewal. If renewal of either letter-number designated or personalized special plates with processed emblems is delinquent for more than one month:

a. A new application and issuance fee are required.

b. The department may issue the combination of characters on personalized processed emblem plates to another applicant.

401.16(5) Reassignment. A vehicle owner may request reassignment of either letter-number designated or personalized special plates with processed emblems in accordance with subrule 401.6(4). However, plates that have eligibility requirements may not be reassigned.

401.16(6) Gift certificate. Unless otherwise specified, a A gift certificate for special plates with processed emblems may be purchased by completing Form 411065 and submitting it to the department. Proof of eligibility for the special plates may be required. as follows:

a. A gift certificate for letter-number designated plates with no eligibility requirements may be purchased from the county treasurer.

b. A gift certificate for personalized plates or letter-number designated plates with eligibility requirements may be purchased using the prescribed application form.

c. A gift certificate is void 90 days after issuance.

ITEM 7. Amend subrule 401.17(3) as follows:

401.17(3) Characters. State agency-sponsored processed emblem plates are limited to five characters. Personalized state agency-sponsored processed emblem plates shall consist of no less than two nor more than five characters and shall be issued in accordance with subrule 401.6(2), paragraphs "a" to "d."

ITEM 8. Adopt new rule 761--401.19(321) as follows:

761--401.19(321) Legion of Merit plates. Application for special plates with a Legion of Merit processed emblem shall be submitted to the department on a form prescribed by the department. The applicant shall attach a copy of the official government document verifying receipt of the Legion of Merit. Personalized plates with a Legion of Merit processed emblem are not available.

ITEM 9. Amend subrule 401.20(1), introductory paragraph, as follows:

401.20(1) Application. Application for special plates with a persons with disabilities processed emblem shall be made on Form 411055 or Form 411065 submitted to the department on a form prescribed by the department.

ITEM 10. Amend rules 761--401.21(321) to 761--401.25(321) as follows:

761--401.21(321) Ex-prisoner of war plates.

401.21(1) Application for special plates with an ex-prisoner of war processed emblem shall be made on Form 411065 submitted to the department on a form prescribed by the department. The application applicant shall include attach a copy of an official government document verifying that the applicant was a prisoner of war. If the document is not available, a person who has knowledge that the applicant was a prisoner of war shall sign a statement to that effect on the back of the application form.

401.21(2) The surviving spouse of a person who was issued ex-prisoner of war plates may continue to use or apply for the plates. If the surviving spouse remarries, the surviving spouse shall surrender the plates to the county treasurer in exchange for regular registration plates within 30 days after the date on the marriage certificate.

401.21(3) Personalized plates with an ex-prisoner of war processed emblem are not available.

761--401.22(321) National guard plates. Application for special plates with a national guard processed emblem shall be made on Form 411065 submitted to the department on a form prescribed by the department. The unit commander of the applicant shall sign the back of the application form confirming that the applicant is a member of the Iowa national guard.

761--401.23(321) Pearl Harbor plates. Application for special plates with a Pearl Harbor processed emblem shall be made on Form 411065 submitted to the department on a form prescribed by the department. The applicant shall submit attach a copy of an official government document verifying that the applicant was stationed at Pearl Harbor, Hawaii, as a member of the armed forces on December 7, 1941.

761--401.24(321) Purple Heart, Silver Star and Bronze Star plates. Application for special plates with a Purple Heart, Silver Star, or Bronze Star processed emblem shall be made on Form 411065 submitted to the department on a form prescribed by the department. To verify receipt of the medal, the applicant shall include attach a copy of one of the following:

1. The official military order confirming the medal.

2. The report of discharge or federal Form DD214.

3. Other documentation approved by the Iowa office of the adjutant general.

761--401.25(321) U.S. armed forces retired plates. Application for special plates with a United States armed forces retired processed emblem shall be made on Form 411065 submitted to the department on a form prescribed by the department. To verify retirement from the United States armed forces after service of 20 years or longer, or to verify service for a minimum of 10 years and receipt of an honorable discharge from service due to a medical disqualification, the applicant shall include attach a copy of one of the following:

1. The official military order confirming retirement from the armed forces.

2. The report of discharge or federal Form DD214.

3. Other documentation approved by the Iowa office of the adjutant general.

ITEM 11. Rescind rules 761--401.27(321) to 401.30(321) and adopt in lieu thereof the following new rules:

761--401.27(321) Iowa heritage plates. Application for letter-number designated plates with an Iowa heritage proc-essed emblem shall be submitted to the county treasurer. Application for personalized plates with an Iowa heritage processed emblem shall be submitted to the department on a form prescribed by the department.

761--401.28(321) Education plates. Application forletter-number designated special plates with an education processed emblem shall be submitted to the county treasurer. Application for personalized plates with an education proc-essed emblem shall be submitted to the department on a form prescribed by the department.

761--401.29(321) Love our kids plates. Application for letter-number designated plates with a love our kids proc-essed emblem shall be submitted to the county treasurer. Application for personalized plates with a love our kids proc-essed emblem shall be submitted to the department on a form prescribed by the department.

761--401.30(321) Motorcycle rider education plates. Application for letter-number designated plates with a motorcycle rider education processed emblem shall be submitted to the county treasurer. Application for personalized plates with a motorcycle rider education processed emblem shall be submitted to the department on a form prescribed by the department.

ITEM 12. Adopt new rule 761--401.31(321) as follows:

761--401.31(321) Veteran plates. Application for special plates with a veteran processed emblem shall be submitted to the commission of veterans affairs on a form prescribed by the department of transportation. The commission of veterans affairs shall determine whether the applicant is a veteran and, if so, certify this fact on the application form.

ITEM 13. Amend 761--Chapter 401, implementation clause at the end of the chapter, as follows:

These rules are intended to implement Iowa Code sections 321.34, 321.166 and 321L.1 and 1997 Iowa Acts, chapter 2; chapter 70, section 3; chapter 104, sections 8 to 10; and chapter 123, section 1 1999 Iowa Acts, House File 200, House File 737, section 8, and Senate File 462, section 15.

NOTICE--USURY

In accordance with the provisions of Iowa Code section 535.2, subsection 3, paragraph "a," the Superintendent of Banking has determined that the maximum lawful rate of interest shall be:

August 1, 1998 -- August 31, 1998 7.50%

September 1, 1998 -- September 30, 1998 7.50%

October 1, 1998 -- October 31, 1998 7.25%

November 1, 1998 -- November 30, 1998 6.75%

December 1, 1998 -- December 31, 1998 6.50%

January 1, 1999 -- January 31, 1999 6.75%

February 1, 1999 -- February 28, 1999 6.75%

March 1, 1999 -- March 31, 1999 6.75%

April 1, 1999 -- April 30, 1999 7.00%

May 1, 1999 -- May 31, 1999 7.25%

June 1, 1999 -- June 30, 1999 7.25%

July 1, 1999 -- July 31, 1999 7.50%

August 1, 1999 -- August 31, 1999 8.00%

September 1, 1999 -- September 30, 1999 8.00%

FILED EMERGENCY

ARC 9315A

EDUCATION DEPARTMENT[281]

Adopted and Filed Emergency

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby adopts Chapter 83, "Beginning Teacher Induction Program," Iowa Administrative Code.

The new chapter establishes a grant program designed to assist school districts in the induction of beginning teachers and provides guidelines for the application and award proc-ess. The program was established by the Seventy-eighth General Assembly; and 1999 Iowa Acts, Senate File 464, section 45, authorizes emergency adoption and filing of rules to implement the program.

In compliance with Iowa Code section 17A.4(2), the Department of Education finds that notice and public participation are impracticable because of the immediate need for the rules in order to implement the provisions of the law in a timely fashion.

The Department also finds, pursuant to Iowa Code section 17A.5(2)"b"(1), that the normal effective date of this chapter should be waived and this chapter should be made effective August 20, 1999, as authorized in 1999 Iowa Acts, Senate File 464, section 45.

These rules are also published herein under Notice of Intended Action as ARC 9313A to allow public comment.

These rules are intended to implement 1999 Iowa Acts, Senate File 464, sections 22 to 26.

These rules became effective on August 20, 1999.

The following new chapter is adopted.

CHAPTER 83
BEGINNING TEACHER INDUCTION PROGRAM

281--83.1(78GA,SF464) Purpose. The beginning teacher induction program is available to Iowa school districts as a means to promote excellence in teaching, build a supportive environment within school districts, increase the retention of promising beginning teachers, and promote the personal and professional well-being of teachers.

281--83.2(78GA,SF464) Definitions. For the purpose of these rules, the following definitions shall apply:

"Beginning teacher" means an individual serving under an initial provisional or conditional license, issued by the board of educational examiners under Iowa Code chapter 272, who is assuming a position as a classroom teacher new to the profession of teaching.

"Board" means the board of directors of a school district or a collaboration of boards of directors of school districts.

"Classroom teacher" means an individual who holds a valid practitioner's license under Iowa Code chapter 272 and who is employed under a teaching contract with a school district or area education agency in the state of Iowa.

"Department" means the department of education.

"District facilitator" means a professional licensed in Iowa who is appointed by a board to serve as the liaison between the board and the department for the beginning teacher induction program.

"Mentor" means an individual who holds a valid practitioner's license under Iowa Code chapter 272 and who is employed under a teaching contract with a school district or area education agency in the state of Iowa. This individual has been selected and trained to be a mentor. The individual must have a record of four years of successful teaching practice, must be employed as a classroom teacher on a nonprobationary basis, and must demonstrate professional commitment to the improvement of teaching and learning, and the development of beginning teachers.

"School district" means a public school district.

281--83.3(78GA,SF464) Program requirements.

83.3(1) Area education agency models. An area education agency shall prepare a model beginning teacher induction program plan and shall provide the model plan to each school district within its area. The plan shall include a model evaluation component by which a school district may measure the effectiveness of its program. The area education agency shall be responsible for monitoring effective practices, integrating those effective practices into the model, and continually updating the model based on those practices. The model shall include the components contained in the state-funded induction program.

83.3(2) Eligibility. All school districts are eligible to apply for funding. School districts eligible for the beginning induction program shall meet all of the following:

a. District plan. A school district that wishes to participate in the program shall have the board adopt a beginning teacher induction program plan and written procedures for the program. At the board's discretion, the district may choose to use or revise the model plan provided by the area education agency or develop a plan locally. The components of a district written induction program shall include, but are not limited to, the following:

(1) Goals for the program.

(2) A process for the selection of mentors.

(3) A description of the mentor training process which shall:

1. Be consistent with effective staff development practices and adult professional needs.

2. Describe mentor needs, indicating a clear understanding of the role of the mentor.

3. Demonstrate the mentor's understanding of the needs of new teachers.

4. Demonstrate the mentor's understanding of the district expectations for all teachers.

5. Facilitate the mentor's ability to provide guidance and support to new teachers.

(4) A description of the supportive organizational structure for beginning teachers which shall include:

1. The activities that shall provide access and opportunities for interaction between mentor and beginning teacher.

2. The identification of who will be in the mentor/beginning teacher partnership.

3. Supportive actions of the district.

4. The name of the district facilitator.

(5) The evaluation process for the program, which shall include:

1. The periodic assessment and monitoring of the mentor and beginning teacher program to address both summative and formative evaluation strategies.

2. District participation in the state evaluation of the beginning teacher induction program.

3. Evaluation strategies which shall include an evaluation of the district program goals, an evaluation process that provides for the minor and major program revisions and a process for how information about the program will be provided to interested stakeholders.

(6) The process for dissolving mentor and beginning teacher partnerships.

(7) A plan that reflects the needs of the beginning teacher employed by the district.

(8) Activities recommended to meet the needs of beginning teachers. Examples include:

1. Managing the classroom.

2. Acquiring information about the school system.

3. Obtaining instructional resources and materials.

4. Planning, organizing, and managing instruction and other professional responsibilities.

5. Assessing students and evaluating student progress.

6. Motivating students.

7. Using effective teaching methods.

8. Dealing with individual students' needs, interests, abilities, and problems.

9. Communicating and collaborating with colleagues, including administrators, supervisors, and other teachers.

10. Communicating with parents.

11. Adjusting to the teaching environment and role.

12. Receiving emotional support.

(9) Budget.

b. District facilitator. A district must engage a board-appointed facilitator. Duties of the facilitator shall include, but not be limited to, the following:

(1) Submits the proposed board plan and proposed costs to the board and the department.

(2) Oversees the implementation of the board plan.

(3) Ensures that the plan meets the goals of the program as set forth in the board plan.

(4) Works collaboratively with the area education agency and postsecondary institutions in preparation and implementation of the board plan.

(5) Places beginning teachers participating in the program in a manner that provides the opportunity to work with at least one mentor. Whenever possible, there should be opportunities to work with other mentors in the district.

(6) Acts as a liaison between the district and the department.

(7) Submits the annual report on program results to the department.

281--83.4(78GA,SF464) Program approval. Any district participating in the state-funded induction program must submit an application according to the components established in these rules. Programs shall be approved according to criteria established by the department to determine quality.

281--83.5(78GA,SF464) Funding for approved programs. The process to be followed in determining the amount of funds to be approved for this competitive program grant will be described in the grant application. The review criteria and point allocation for each criterion will also be described in the grant application material. The membership of the funding review committee shall be determined by the appropriate division administrator. The review committee members shall allocate points per review criterion when conducting the review. In the event the number of approved programs exceeds available funding, the department will award grants based on the geographic and district population of the school districts with approved plans. A district may receive funding for subsequent years if it has an approved plan on file with the department and also submits any additional program improvements or updates that have been implemented by the district.

281--83.6(78GA,SF464) Beginning teacher induction program budget. Funds received by a school district from the beginning teacher induction program shall be used for any or all of the following purposes:

1. To pay mentors as they implement the plan. A mentor in a beginning teacher induction program approved under this chapter shall be eligible for an award of $500 per semester, at a minimum, for full participation in the program.

2. To provide for a stipend for the district facilitator.

3. To pay any applicable costs of the employer's share of contributions to federal social security and the Iowa public employees' retirement system for a pension and annuity retirement system established under Iowa Code chapter 294 for such amounts paid by the district.

These funds are miscellaneous funds or are considered encumbered. A school district shall maintain a separate listing within its budget for payments received and expenditures made for this program. Funds that remain unencumbered or unobligated at the end of the fiscal year will not revert, but will remain available for expenditure for the purposes of the program until the close of the succeeding fiscal year.

281--83.7(78GA,SF464) Appeal of grant denial or termination. Any applicant for beginning teacher induction program grant funds may appeal the denial of a properly submitted competitive program grant application or the unilateral termination of a competitive program grant to the director of the department. Appeals must be in writing and received within ten working days of the date of the notice of decision and must be based on a contention that the process was conducted outside of statutory authority; violated state or federal law, policy or rule; did not provide adequate public notice; was altered without adequate public notice; or involved conflict of interest by staff or committee members. The hearing and appeal procedures found in 281--Chapter 6 that govern the director's decisions shall be applicable to any appeal of denial or termination. In the notice of appeal, the grantee shall give a short and plain statement of the reasons for the appeal. The director shall issue a decision within a reasonable time, not to exceed 60 days from the date of the hearing.

281--83.8(78GA,SF464) Annual report. The board implementing an approved beginning teacher induction program will submit an assessment of the evaluation strategies on forms secured from the department by each July 1 of the fiscal year succeeding the year in which the school district received funding. Each district receiving funding must report the results of the state evaluation. The department will annually report the statewide results of the program to the chairpersons and ranking members of the senate and house education committees by January 1.

These rules are intended to implement 1999 Iowa Acts, Senate File 464, sections 22 to 26.

[Filed Emergency 8/16/99, effective 8/20/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9314A

EDUCATION DEPARTMENT[281]

Adopted and Filed Emergency

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education amends Chapter 84, "Financial Incentives for National Board Certification," Iowa Administrative Code.

This chapter contains two financial incentive pilot programs for Iowa teachers receiving National Board Certification (NBC) and provides guidelines to administer both pilot programs. The amendments reflect the statutory changes made by the Seventy-eighth General Assembly in 1999 Iowa Acts, House File 766, which authorizes emergency adoption and filing of these amendments.

The purpose of these amendments is to allow eligible teachers to be knowledgeable about the statutory changes. In compliance with Iowa Code section 17A.4(2), the Department of Education finds that notice and public participation are impracticable because of the immediate need for changes in the rules to implement provisions of the law.

The Department also finds, pursuant to Iowa Code section 17A.5(2)"b"(1), that the normal effective date of these amendments should be waived and these amendments should be made effective upon filing with the Administrative Rules Coordinator on August 16, 1999, as they permit the Department to immediately implement the provisions of the law.

These amendments are also published herein under Notice of Intended Action as ARC 9316A to allow for public comment.

These amendments are intended to implement Iowa Code section 256.44 as amended by 1999 Iowa Acts, House File 766.

The following amendments are adopted.

ITEM 1. Amend 281--Chapter 84 by changing the parenthetical implementation statute from "77GA,ch1216" to "256" wherever it appears.

ITEM 2. Amend rule 281--84.1(256) as follows:

281--84.1(77GA,ch1216 256) Purpose. National Board Certification (NBC) is available to teachers nationwide and requires candidates to demonstrate their teaching practice as measured against high and rigorous standards. NBC teachers enhance the educational experience of their students and motivate fellow teachers towards excellence in classroom teaching. These rules implement the two financial incentive pilot programs enacted by the 1998 Iowa legislature to increase the number of NBC teachers in Iowa.

ITEM 3. Amend rule 281--84.2(256) by adopting the following new definition alphabetically:

"A person receives a salary as a classroom teacher" means a teacher employed by a school district in Iowa who receives any salary compensation from the school district for providing classroom instruction to students in the school district.

ITEM 4. Amend rule 281--84.3(256) as follows:

281--84.3(77GA,ch1216 256) Registration fee reimbursement program. If sufficient funds are appropriated by the Iowa legislature, the department shall administer a registration fee reimbursement program.

84.3(1) Eligibility. Teachers seeking reimbursement shall apply to the department within one year of registration with NBPTS. Teachers eligible for the registration fee reimbursement program shall meet all of the following qualifications:

a. The individual has all qualifications required by NBPTS for application for certification.

b. The individual is a teacher.

c. The individual is employed by a school district in Iowa.

d. The individual receives a salary as a classroom teacher.

d e. The individual completes the department's application process, which includes submitting verification of NBC registration.

e f. The individual has not received reimbursement from this program at any previous time.

84.3(2) Selection of teachers for registration Registration fee reimbursement. If funds are available appropriated by the legislature, all teachers who apply to the department shall receive registration fee reimbursement. If, however, in any fiscal year the number of eligible teachers that apply for the reimbursement exceeds the funds available, the department shall conduct a lottery selection process in proportion to the number of teachers in each area education agency prorate the amount of the registration fee reimbursement among all eligible teachers.

84.3(3) Reimbursement. Teachers determined eligible shall receive reimbursement in the following manner:

a. Initial registration fee reimbursement. Each eligible teacher shall receive an initial reimbursement of one-half of the reimbursement fee charged by NBPTS or, if necessary,a prorated amount upon submission to the department ofthe NBC registration confirmation form provided to each teacher by NBPTS.

b. Final registration fee reimbursement. The final registration fee reimbursement of one-half of the reimbursement fee charged by NBPTS or, if necessary, a prorated amount shall be awarded when the eligible teacher notifies the department of the teacher's certification achievement and submits verification of certification. If an eligible teacher fails to receive certification, the teacher can receive the remaining reimbursement if the teacher achieves certification within three years of the initial NBC score notification.

84.3(4) Withdrawal from NBC process. A teacher who has received the initial registration fee reimbursement form from the department and withdraws from the NBC process shall reimburse the department the amount received from the department within 30 days of receiving any fee reimbursement form from NBPTS if the reimbursement from NBPTS is equal to or greater than the amount received from the department. If the reimbursement amount from NBPTS is less than the amount the teacher received from the department, the teacher shall reimburse the department any amount received from NBPTS.

ITEM 5. Amend rule 281--84.4(256) as follows:

281--84.4(77GA,ch1216 256) NBC annual award. If sufficient funds are appropriated by the legislature, each eligible NBC teacher can qualify for an NBC annual award consisting of an annual $10,000 award per year for a maximum, nonrenewable period of five years of certification. one of the following NBC annual awards. If in any fiscal year the funds appropriated are insufficient to pay the maximum amount of the annual awards to each eligible teacher or the number of teachers eligible to receive annual awards exceed 1,100 individuals, the funds shall be prorated among all eligible teachers.

1. $5,000 annual award. An eligible teacher who receives NBC certification prior to May 1, 2000, will receive an annual award of up to $5,000 per year or a prorated amount for a period of ten years or until the teacher's total state annual award amount reaches $50,000, whichever occurs first.

2. $2,500 annual award. An eligible teacher who receives NBC certification after May 1, 2000, will receive an annual award of up to $2,500 per year or a prorated amount for a maximum period of ten years.

84.4(1) Eligibility. Individuals eligible for the NBC annual award shall meet all of the following qualifications:

a. The individual is an NBC teacher.

b. The individual is a teacher.

c. The individual is employed by a school district in Iowa.

d. The individual receives a salary as a classroom teacher.

d e. The individual completes the department's annual application process, which includes submitting verification of certification.

e f. The individual has not received an NBC annual award for more than five ten years.

g. The individual has not received state NBC annual awards totaling more than $50,000.

f h. The individual is applying for the award within one year of being eligible for the award.

84.4(2) Application. An NBC teacher shall submit an application verifying eligibility for an NBC award to the department by January 1 May 1 of each fiscal year the NBC teacher is eligible for the award. NBC awards shall be issued to eligible NBC teachers on or about January 15 no later than June 1 of each fiscal year.

84.4(3) No change.

ITEM 6. Amend 281--Chapter 84, implementation sentence, as follows:

These rules are intended to implement 1998 Iowa Acts, chapter 1216, section 5 Iowa Code section 256.44 as amended by 1999 Iowa Acts, House File 766.

[Filed Emergency 8/16/99, effective 8/16/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9318A

EDUCATION DEPARTMENT[281]

Adopted and Filed Emergency

Pursuant to the authority of Iowa Code sections 256.7(5) and 17A.3 as amended by 1998 Iowa Acts, chapter 1202, the State Board of Education hereby adopts Chapter 97, "Supplementary Weighting," Iowa Administrative Code.

The rules incorporate Attorney General opinions and uniform practices in the reporting of students for supplementary weighting.

In compliance with Iowa Code section 17A.4(2), the Department finds that notice and public participation are impracticable because of the immediate need to implement the rules for counting of students by school districts for supplementary weighting on their certified enrollment reports. Students are counted on September 17, 1999, and certified enrollment reports are due in the Department of Education on October 1, 1999.

The Department also finds, pursuant to Iowa Code section 17A.5(2)"b"(2), that the normal effective date of the rules should be waived and these rules should be made effective upon filing with the Administrative Rules Coordinator on August 13, 1999. The State Board of Education adopted these rules on August 13, 1999.

These rules are also published herein under Notice of Intended Action as ARC 9312A to allow public comment.

These rules are intended to implement Iowa Code sections 257.6, 257.11, and 257.12.

These rules became effective August 13, 1999.

The following new chapter is adopted.

CHAPTER 97
SUPPLEMENTARY WEIGHTING

281--97.1(257) Definitions. For the purpose of this chapter, the following definitions apply.

"Class" means a course for academic credit which applies toward a high school or community college diploma.

"Enrolled" shall mean that a student has registered with the school district and is taking part in the educational program.

"Fraction of a school year at the elementary level" shall mean the product of the minutes per day of class times the number of days per year the class meets divided by the product of the total number of minutes in a school day times the total number of days in a school year.

"Fraction of a school year at the secondary level" shall mean the product of the class periods per day of class times the number of days per year the class meets divided by the product of the total number of class periods in a school day times the total number of days in a school year. All class periods available in a normal day shall be used in the calculation.

"Supplant" shall mean the community college's replacing the identical course that was offered by the school district in the preceding year or the second preceding year, or the community college's offering a course that is required by the school district in order to meet the minimum accreditation standards in Iowa Code section 256.11.

"Supplementary weighting plan" shall mean a plan as defined in this chapter to add a weighting for each resident student eligible that is enrolled in an eligible class taught by a teacher employed by another public school district or taught by a teacher employed jointly with another public school district or sent to and enrolled in an eligible class in another school district or sent to and enrolled in an eligible community college class. The supplementary weighting for each eligible class shall be calculated by multiplying the fraction of a school year that class represents times the number of eligible resident students enrolled in that class times the weighting factor of forty-eight hundredths.

"Teacher" shall be defined pursuant to Iowa Code section 272.1.

281--97.2(257) Supplementary weighting.

97.2(1) Eligibility. Except if listed under subrule 97.2(6), a resident student is eligible for supplementary weighting if the student is eligible to be counted as a resident student for certified enrollment and if one of the following conditions is met pursuant to Iowa Code section 257.11:

a. Resident student attends class in another school district pursuant to subrule 97.2(2), or

b. Resident student attends class taught by a teacher employed by another school district pursuant to subrule 97.2(3), or

c. Resident student attends class taught by a teacher jointly employed by two or more school districts pursuant to subrule 97.2(4), or

d. Resident student attends class in a community college for college credit pursuant to subrule 97.2(5).

Other than as listed in paragraphs "a" to "d" above, no other sharing arrangement shall be eligible for supplementary weighting.

97.2(2) Attend class in another school district. Students attending class in another public school district will be eligible for supplementary weighting under paragraph 97.2(1)"a" only if the district does not have a licensed and endorsed teacher available within the district to teach the course(s) being provided.

97.2(3) Attend class taught by a teacher employed by another school district. Students attending class taught by a teacher employed by another public school district will be eligible for supplementary weighting under paragraph 97.2(1)"b" only if the district does not have a licensed and endorsed teacher available within the district to teach the course(s) being provided.

97.2(4) Attend class taught by a teacher jointly employed with another school district. All of the following conditions must be met for any student attending class taught by a teacher jointly employed to be eligible for supplementary weighting under paragraph 97.2(1)"c." The districts jointly employing the teacher must have:

a. A joint teacher evaluation process and instruments.

b. A joint educational excellence phase III plan.

c. A joint seniority list.

d. One single, unified master contract which illustrates joint collective bargaining.

e. One single salary schedule.

Except for joint employment contracts which meet the requirements of paragraphs "a" to "e" above, no two or more districts shall list each other for the same classes and grade levels.

97.2(5) Attend class in a community college. All of the following conditions must be met for any student attending class in a community college to be eligible for supplementary weighting under paragraph 97.2(1)"d."

a. The course must supplement, not supplant, high school courses.

(1) The course must not replace the identical course that was offered by the school district in the preceding year or the second preceding year.

(2) The course must not be required by the school district in order to meet the minimum accreditation standards in Iowa Code section 256.11.

b. The course must be included in the community college catalog or an amendment or addendum to the catalog.

c. The course must be open to all registered community college students not just high school students.

d. The course must be for college credit and the credit must apply toward an associate of arts or associate of science degree, or toward an associate of applied arts or associate of applied science degree, or toward completion of a college diploma program.

e. The course must be taught by a teacher meeting community college licensing requirements.

f. The course must be taught utilizing the community college course syllabus.

g. The course must be of the same quality as a course offered on a community college campus.

97.2(6) Ineligibility. The following students are ineligible for supplementary weighting:

a. Nonresident students attending the district under any arrangement.

b. Students taking courses taught via the Iowa Communications Network (ICN) or any other television or electronic medium pursuant to Iowa Code section 257.11.

c. Students eligible for the special education weighting plan provided in Iowa Code section 256B.9.

d. Students in whole-grade sharing arrangements.

e. Students open enrolled in or out.

f. Students enrolled in nonpublic schools.

g. Students participating in a home school assistance program or dual enrollment.

h. Students participating in shared services rather than shared classes.

i. Students taking postsecondary enrollment options (PSEO) courses authorized under Iowa Code chapter 261C are ineligible for supplementary weighting for the PSEO courses.

j. Students enrolled in courses or programs offered by their resident district unless those courses meet the conditions for attending classes in a community college under subrule 97.2(5) or if the teacher is employed by another district pursuant to subrule 97.2(3) or if a teacher is jointly employed with another district pursuant to subrule 97.2(4).

k. Students enrolled in courses or programs taught by teachers employed by their resident districts unless the employment meets the criteria of joint employment with another school district under subrule 97.2(4) or if the criteria in subrule 97.2(5) are met for students attending class in a community college.

97.2(7) Whole-grade sharing. If all or a substantial portion of the students in any grade are shared with another two or more districts for all or a substantial portion of a school day, then no students in that grade level are eligible for supplementary weighting.

281--97.3(257) Due date. Supplementary weighting shall be included with the certified enrollment which is due October 1 following the third Friday in September on which the enrollment was taken.

These rules are intended to implement Iowa Code sections 257.6, 257.11, and 257.12.

[Filed Emergency 8/13/99, effective 8/13/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9300A

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed Emergency After Notice

Pursuant to the authority of Iowa Code sections 234.6 and 249A.4, the Department of Human Services hereby amends Chapter 75, "Conditions of Eligibility," and adopts Chapter 204, "Subsidized Guardianship Program," Iowa Administrative Code.

The Council on Human Services adopted these amendments August 11, 1999. Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on June 16, 1999, as ARC 9116A.

These amendments implement a subsidized guardianship program to provide financial assistance to guardians of eligible children who are not able to be adopted and who are not able to return home and allow Medicaid for the children in subsidized guardianship.

A person who has been named guardian in a permanency order under Iowa Code section 232.104(2)"d"(1) for a child who was previously in the custody of the Department is eligible for subsidy when the Department has determined that the option of reunification has been eliminated and termination of parental rights is not appropriate; the child is in foster care at the time of application and has lived in foster care for at least 12 months of the last 18 months; the child is either 14 years of age or older or, if under 14 years of age, is part of a sibling group with a child aged 14 or older and cannot be made available for adoption; and the placement does not require departmental supervision.

Some children receive foster care payments after the age of 18, but there is no provision for this in the subsidized guardianship program. Children whose parental rights have been terminated are not eligible for the program.

The Department finds that these amendments confer a benefit on the children involved by allowing them a more permanent placement than they have in foster care. Therefore, these amendments are filed pursuant to Iowa Code section 17A.5(2)"b"(2).

These amendments are identical to those published under Notice of Intended Action.

These amendments do not provide for waivers in specified situations because individuals may request a waiver of eligibility criteria for subsidized guardianship funds under the Department's general rule on exceptions at rule 441--1.8(217).

These amendments are intended to implement Iowa Code sections 234.6 and 249A.4 and 1999 Iowa Acts, House File 760, section 15, subsection 9.

These amendments became effective September 1, 1999.

The following amendments are adopted.

ITEM 1. Amend rule 441--75.1(249A) by adopting the following new subrule:

75.1(11) Individuals under the age of 18 living in a court-approved subsidized guardianship home. Medical assistance will be available to individuals under the age of 18 living in a court-approved subsidized guardianship home under this subrule provided they are not otherwise eligible for medical assistance under a category for which federal financial participation is available.

ITEM 2. Adopt the following new chapter:

CHAPTER 204
SUBSIDIZED GUARDIANSHIP PROGRAM

PREAMBLE

This chapter implements a subsidized guardianship program to provide financial assistance to guardians of eligible children who are not able to be adopted and who are not able to return home. This program will allow children a more permanent placement than they have in foster care.

441--204.1(234) Definitions.

"Child" means a person who has not attained the age of 18.

"Department" means the Iowa department of human services.

"Guardianship subsidy" means a monthly payment to assist in covering the cost of room, board, clothing, and spending money for the child.

441--204.2(234) Eligibility.

204.2(1) General conditions of eligibility. The guardian named in a permanency order under Iowa Code section 232.104(2)"d"(1) for a child who was previously in the custody of the department is eligible for subsidy when all of the following conditions exist:

a. The department has determined the option of reunification has been eliminated and termination of parental rights is not appropriate.

b. The child is in foster care subsidized by the department at the time of application and has lived in foster care for at least 12 months of the last 18 months.

c. The child is either 14 years of age or older or, if under 14 years of age, is part of a sibling group with a child aged 14 or older and cannot be made available for adoption.

d. The placement does not require departmental supervision.

e. The guardian is a person, not an agency.

204.2(2) Residency. The subsidized guardianship applicant or recipient need not reside in Iowa.

204.2(3) Unearned income. Unearned income of the child from sources such as social security, veterans administration, railroad compensation, trust funds, and the family's insurance shall also be used before subsidy funds are expended. The guardian shall provide to the department worker documentation from any source of the child's unearned income.

204.2(4) Other services. Other services available to the guardian free of charge to meet the needs of the child, such as other federal, state, and local governmental and private assistance programs, shall be explored and used prior to the expenditure of subsidy funds.

441--204.3(234) Application. Applications for the subsidized guardianship program may be made at any county office of the department.

204.3(1) Application forms. Application for guardianship subsidy shall be made on Form 470-3632, Application for Guardianship Subsidy.

204.3(2) Eligibility determination. The determination of whether a child meets eligibility requirements is made by the department. The person shall be notified in writing of the decision of the county office regarding the person's eligibility for the program and the amount of the subsidy to be made.

204.3(3) Effective date. The effective date of the subsidy payment shall be the date the guardianship order is signed if all other conditions of eligibility are met.

204.3(4) Redetermination. The department worker shall review the child's eligibility, the needs of the child, and the child's unearned income every 12 months. Reviews may be done more often if needed because of the child's need for a special service, revision of the subsidy amount because of the child's age, or a request for review by the guardian. The amount of subsidy may be renegotiated at the time of review.

441--204.4(234) Negotiation of amount of subsidy.

204.4(1) Subsidy agreement. The amount of subsidy shall be negotiated between the department and the guardian, and shall be based upon the needs of the child, and the circumstances of the family. Each time negotiations are completed, the Guardianship Subsidy Agreement, Form 470-3631, shall be completed and signed by the guardian and the department worker.

204.4(2) Amount of subsidy. The department shall enter into the agreement based upon available funds. A guardianship subsidy shall be no less than $10 per month. The maximum monthly payment for a child in subsidized guardianship shall be made equal to the foster family care maintenance rate according to the age and special needs of the child as found at 441--subrule 156.6(1) and 441--paragraphs 156.6(4)"a" and "b."

204.4(3) Placement outside of home. If a child needs to be placed out of the guardian's home for treatment and the plan is for the child to return to the family, a partial subsidy amount may be negotiated.

441--204.5(234) Parental residual rights and responsibilities. Parental residual rights and responsibilities are not affected by the subsidy. These may be set out or limited in the guardianship order and may include visitation, consent to adoption, support and lines of inheritance.

These payments are considered foster care payments for purposes of child support recovery and as such create a support debt for the parents.

441--204.6(234) Termination of subsidy. The subsidy shall terminate when any of the following occur, and a notice shall be sent which states the reason for the termination:

1. The child no longer meets the definition of "child."

2. The child marries.

3. The guardian is no longer using the maintenance payments to support the child.

4. Upon the death of the child, or the death of the guardian of the child (one in a single-parent family and both in a two-parent family).

5. Upon conclusion of the terms of the agreement.

6. Upon request of the guardian.

7. The guardian is no longer legally responsible for the child.

8. The family fails to participate in the renewal process.

9. The juvenile court closes its guardianship case.

10. The department funds for subsidized guardianship are no longer available.

441--204.7(234) Reinstatement of subsidy. Reinstatement of the subsidy shall be made when the subsidy was terminated because of a reason in rule 441--204.6(234), numbered paragraph "3," "6," or "8," and the reason for termination no longer exists.

441--204.8(234) Appeals. The guardian may appeal adverse determination pursuant to 441--Chapter 7.

441--204.9(234) Medical assistance. Children eligible for subsidy are entitled to medical assistance as defined in 441--Chapter 75. When an Iowa child receives medical assistance from another state, Iowa shall discontinue paying any medical costs the month following the move unless additional time is necessary for a timely notice of decision to be provided to the guardian.

The funding source for medical assistance is based on the following criteria:

1. Children from Iowa residing in Iowa shall be covered by Iowa's medical assistance.

2. Children from Iowa residing in another state shall receive medical assistance from the state of residence if eligible. Iowa shall provide medical assistance for children not eligible in their state of residence. Medical assistance available in the family's state of residence may vary from Iowa's medical assistance.

3. Children from another state residing in Iowa shall continue to be covered by the other state's medical assistance unless the state has adopted the adoption assistance interstate compact and a contract between Iowa and the other state exists.

These rules are intended to implement Iowa Code section

234.6 and 1999 Iowa Acts, House File 760, section 15, subsection 9.

[Filed Emergency After Notice 8/12/99, effective 9/1/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9331A

NATURAL RESOURCE COMMISSION[571]

Adopted and Filed Emergency After Notice

Pursuant to the authority of Iowa Code section 161A.80, the Natural Resource Commission hereby adopts Chapter 24, "Blufflands Protection Program and Revolving Loan Fund," Iowa Administrative Code.

These rules establish policies and procedures for administration of the loan fund program.

Notice of Intended Action was published in the Iowa Administrative Bulletin on June 30, 1999, as ARC 9170A. A public hearing on the proposed rules was held July 20, 1999. During the public comment period, two oral comments were offered and one written comment was received.

In response to the public comments received, the following changes have been made to the proposed rules:

* The definition of "Blufflands" has been revised to be consistent with the definition established in the Code of Iowa.

* "State-owned lands" has been redefined to mean lands in which the state holds the fee title through acquisition and lands in which the state holds title by virtue of its sovereignty, including the beds of the Mississippi River and Missouri River.

* Language has been added requiring that all blufflands purchased with funds from this loan program be permanently protected via a conservation easement during or at the end of the loan's term.

* The rate of interest has been changed to be a flat4 percent, and a provision has been added to allow forgiveness of all remaining interest at the time the bluffland is placed in a conservation easement.

* The subrule requiring that the state hold a first mortgage on lands purchased with borrowed funds until the end of the loan has been amended to allow borrowers to substitute other collateral to secure the loan.

* The reference to realtor fees has been deleted as an ineligible expense item, consistent with other DNR land purchase grant programs.

* The requirement that an appraisal be required for all lands has been changed to a discretionary authority to require an appraisal if the DNR believes the loan exceeds the land's fair market value.

The Commission finds, pursuant to Iowa Code section 17A.5(2)"b"(2), that the normal effective date of the rules should be waived and these rules should be made effective upon filing with the Administrative Rules Coordinator. The implementation of these rules has already been delayed for a year and there are potential project applicants who have advised that bluffland protection projects they are working on may be jeopardized if the funds are not available in the immediate future.

These rules are intended to implement Iowa Code section 161A.80.

These rules became effective August 20, 1999.

The following new chapter is adopted.

CHAPTER 24
BLUFFLANDS PROTECTION PROGRAM
AND REVOLVING LOAN FUND

571--24.1(161A) Purpose. The purpose of this chapter is to establish policies and procedures for the administration of the blufflands protection revolving loan fund program. The fund was established by 1999 Iowa Acts, chapter 1219, section 17, to provide assistance to private conservation organizations in the acquisition and protection of significant blufflands along the Iowa side of the Mississippi River and Missouri River.

571--24.2(161A) Allocation of funds. As specified in Iowa Code section 161A.80, 50 percent of available funds shall be allocated to projects on the Missouri River blufflands and 50 percent to projects on the Mississippi River blufflands.

571--24.3(161A) Definitions. For the purpose of this chapter:

"Blufflands" means a cliff, headland, or hill with a broad, steep face along the channel or floodplain of the Missouri River or Mississippi River and their tributaries.

"Conservation organization" means a nonprofit corporation incorporated in Iowa or an entity organized and operated primarily to enhance and protect natural resources in this state.

"Fund" means the bluffland protection revolving fund established in Iowa Code section 161A.80.

"State-owned lands" means lands in which the state holds the fee title through acquisition and lands in which the state holds title by virtue of its sovereignty, including the beds of the Mississippi River and Missouri River.

571--24.4(161A) Types of acquisitions. Organizations meeting the definition of conservation organization are eligible to receive loans from the fund for the purchase of bluffland properties adjacent to state-owned public lands. Acquisition must be fee simple and title to lands purchased must be free of encumbrances, unless approved by the director on the recommendation of the attorney general. Loan applicants shall submit an abstract of title to lands to be purchased with loans from the fund for examination by the attorney general prior to issuance of any loan.

571--24.5(161A) Application for loans. Conservation organizations shall apply for loans on forms and at times announced by the department as sufficient moneys are available in the fund. Applications shall clearly identify the applicant and give a complete description of the area to be acquired, the expected date of acquisition, and planned long-term use and management of the land to be acquired.

571--24.6(161A) Approval of loan applications. The director shall appoint a committee to review loan applications and the committee shall make appropriate recommendations to the director. If applications exceed funds available, the committee shall evaluate the proposals using criteria established in the department's land acquisition priority plan. The director shall present loans and projects recommended for funding or nonfunding to the natural resource commission for informational purposes.

571--24.7(161A) Interest and other terms of loan agreements. Loans shall be for a maximum term of five years with payment due at the end of the loan term. At the end of the loan term, an appropriate conservation easement approved by the department shall be in effect unless the fee title is conveyed to a public entity in trust to be held for conservation purposes. Simple interest at an annual rate of 4 percent shall accrue on the principal amount of the loan and shall be payable with the principal at the end of the loan term. However, interest shall be waived for the period commencing with the effective date of an approved conservation easement. All interest shall be waived if the fee title is conveyed to a public entity in trust for conservation purposes. The loan agreement and documents establishing security for the loan shall be in a form approved by the department and the attorney general. The applicant shall execute and deliver a first mortgage in favor of the state of Iowa acting through the department of natural resources or provide equivalent security to secure the principal and interest due on the loan. The mortgage shall contain provisions for foreclosure in accordance with Iowa Code chapter 654.

571--24.8(161A) Eligible expenditures with loan funds. Loan funds shall be limited to the following: land purchase, usual and customary incidental costs (not including personnel, staff time, and administrative overhead), land appraisal fees and land survey fees.

571--24.9(161A) Custody and management of land during loan term. Loan recipients must hold title to blufflands acquired throughout the term of the loan. Where practicable, lands purchased with loan funds shall be available for public use under terms and conditions stated in the loan agreement. If the bluffland is sold before the end of the loan term, it must first be offered to a governmental entity. If no governmental entity agrees to purchase the land, it may be sold to a private buyer provided title is first encumbered by a conservation easement granted to the conservation organization or the state of Iowa or its political subdivisions. The easements shall ensure that the natural, scenic or cultural resources of the bluffland are permanently protected. If the bluffland is sold before the end of the loan term, the loan balance shall become due immediately at the time of sale. A loan recipient may enter into agreements, at any time, with governmental entities for the care, management and public use of lands purchased with loan funds.

571--24.10(161A) Loans not to exceed appraised value. Loan recipients may be required to submit to the department an appraisal of land to be acquired with loan funds. The department shall review the appraisal and certify that it is fair and accurate. Loans from the fund shall not exceed the appraised value of the land to be acquired plus approved incidental expenses listed in rule 571--24.8(161A).

These rules are intended to implement Iowa Code section 161A.80.

[Filed Emergency After Notice 8/20/99, effective 8/20/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9333A

NATURAL RESOURCE COMMISSION[571]

Adopted and Filed Emergency After Notice

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby amends Chapter 29, "Local Recreation Infrastructure Grants Program," Iowa Administrative Code.

These rules define application procedures, grant limits, project eligibility, application evaluation procedures and criteria and other matters of project administration. The amendment is a response to recent Iowa Code changes which direct the Department to give special consideration to recreational complex or facility projects which involve public and private sector participation.

Notice of Intended Action was published in the Iowa Administrative Bulletin on June 30, 1999, as ARC 9174A. A public hearing was held July 22, 1999. One written comment was received from the Iowa Natural Heritage Foundation endorsing the amendment and the additional encouragement it will provide to the private sector. The final adopted amendment is unchanged from the Notice of Intended Action.

Pursuant to Iowa Code section 17A.5(2)"b"(2), this amendment became effective upon filing on August 20, 1999. The Department finds that this amendment confers a benefit upon recreational providers and users in Iowa and, by expeditiously implementing the amendment, potential grant applicants will be in a better position to implement Infrastructure Grant projects.

This amendment is intended to implement Iowa Code section 8.57(5)"c."

This amendment became effective August 20, 1999.

The following amendment is adopted.

Amend subrule 29.7(4) as follows:

29.7(4) Application rating system. The committee will apply a numerical rating system to each grant application which is considered for fund assistance. The criteria, with a weight factor for each, shall include the following:

a. Public demand or need--weight factor of 2.

b. Quality of site or project--weight factor of 3.

c. Urgency of proposed project--weight factor of 2.

d. Multiple benefits provided, including economicbenefits--weight factor of 3.

e. Conformance with local/regional and statewide plans--weight factor of 2.

f. Geographic distribution--weight factor of 1.

g. Up to 5 bonus points may be awarded to projects demonstrating public/private partnerships.

Each criterion shall be given a score from 1 to 10, which is then multiplied by the weight factor.

[Filed Emergency After Notice 8/20/99, effective 8/20/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9334A

NATURAL RESOURCE COMMISSION[571]

Adopted and Filed Emergency After Notice

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby amends Chapter 30, "Water Recreation Access Cost-Share Program," Iowa Administrative Code.

These amendments address changes in cost-share requirements for grants by the Department to local entities for lake restoration and add items that can be funded with the grants.

Notice of Intended Action was published in the Iowa Administrative Bulletin on June 30, 1999, as ARC 9172A. A public hearing was held July 20, 1999. No one appeared to provide comment at the hearing, and no comments were received prior to the hearing. These amendments are unchanged from the Notice of Intended Action.

Pursuant to Iowa Code section 17A.5(2)"b"(2), these amendments became effective upon filing with the Administrative Rules Coordinator on August 20, 1999. The Department finds that these amendments confer a benefit upon recreational providers and users in Iowa and, by expeditiously implementing the amendments to the cost-sharing program, efforts to improve the quality of water-based outdoor recreation will be facilitated.

These amendments are intended to implement 1999 Iowa Acts, House File 772, section 16.

These amendments became effective August 20, 1999.

The following amendments are adopted.

ITEM 1. Amend subrule 30.14(5) as follows:

30.14(5) Cost-share provisions. Local project sponsors shall match each state dollar provided from this program with three dollars one dollar of local project money raised. Federal funds, other nonstate public funds, in-kind contributions and private funds raised by local project sponsors may be combined to meet the local match requirement, subject to approval of the department.

ITEM 2. Amend subrule 30.14(6) as follows:

30.14(6) Eligible projects. Projects eligible for funding include studies of public lakes that include gathering data on the lake, its drainage basin, sources of pollution or nutrients, or other information necessary to determine the causes of degradation and remedial courses of action to prevent continued degradation or to determine potential causes of degradation and preventive courses of action. Preparation of a lake protection and rehabilitation plan developed under the direction of the department, lake dredging, erosion control and land acquisition related to dredging is are also eligible for funding.

[Filed Emergency After Notice 8/20/99, effective 8/20/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9325A

NATURAL RESOURCE COMMISSION[571]

Adopted and Filed Emergency After Notice

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby amends Chapter 91, "Waterfowl and Coot Hunting Seasons," Iowa Administrative Code.

These rules give the regulations for hunting waterfowl and coot and include season dates, bag limits, possession limits, shooting hours, and areas open to hunting. These amendments update season dates and hunting zones for the 1999 hunting season.

State hunting seasons on migratory birds must be set within frameworks established annually by the Fish and Wildlife Service, U.S. Department of the Interior. These frameworks specify shooting hours, bag limits and possession limits, as well as season lengths and outside dates. These frameworks were finalized by the Service in late July. Therefore, adoption of a final rule by the Department could not take place prior to this time.

Notice of Intended Action was published in the March 10, 1999, Iowa Administrative Bulletin as ARC 8746A. Five public hearings were held around the state in April 1999. Several changes have been made as a result of changes in the federal framework. The changes are as follows:

1. In subrule 91.1(1), amended since the Notice, the bag and possession limits for scaup have been reduced to three and six, respectively.

2. In subrule 91.3(1), amended since the Notice, the daily bag limit for Canada geese has been changed to two for the entire Canada geese season.

The Department finds, pursuant to Iowa Code section 17A.5(2)"b"(2), that these amendments confer a benefit on a segment of the public by becoming effective upon filing with the Administrative Rules Coordinator on August 20, 1999, and that the usual effective date of these amendments would unnecessarily restrict the public by delaying the opening of the waterfowl and coot hunting seasons.

These amendments became effective August 20, 1999.

These amendments are intended to implement Iowa Code sections 481A.38, 481A.39 and 481A.48.

The following amendments are adopted.

ITEM 1. Amend rule 571--91.1(481A), introductory paragraph, as follows:

571--91.1(481A) Ducks (split seasons). Open season for hunting ducks shall be September 19 18 to September 23 22, 1998 1999; October 10 16 to December 3 9, 1998 1999, in that portion of the state lying north of a line beginning on the Nebraska-Iowa border at State Highway 175, southeast to State Highway 37, east to U.S. Highway 59, south to I-80 and along I-80 east to the Iowa-Illinois border; and September 19 18 to September 23 22, 1998 1999; October 17 16 to December 10 9, 1998 1999, in that portion of the state lying south of a line beginning on the Nebraska-Iowa border at State Highway 175, southeast to State Highway 37, east to U.S. Highway 59, south to I-80 and along I-80 east to the Iowa-Illinois border. Shooting hours are one-half hour before sunrise to sunset each day.

ITEM 2. Amend subrule 91.1(1) as follows:

91.1(1) Bag limit. The daily bag limit of ducks is 6, and may include no more than 4 mallards (no more than 2 of which may be females), 1 black duck, 2 wood ducks, 1 pintail, 3 scaup, 3 mottled ducks, 2 redhead and 1 canvasback. The daily bag limit of mergansers is 5, only 1 of which may be a hooded merganser.

ITEM 3. Amend rule 571--91.3(481A), introductory paragraph, as follows:

571--91.3(481A) Geese. The north goose hunting zone is that part of Iowa north of a line beginning on the Nebraska-Iowa border at State Highway 175, east to State Highway 37, southeast to U.S. Highway 59, south to I-80 and along I-80 to the Iowa-Illinois border. The south goose hunting zone is the remainder of the state. The open season for hunting Canada geese only is September 12 11 and 13 12, 1998 1999, west of State Highway 63 in the north goose hunting zone only, except on the Big Marsh Wildlife Area where the season will remain closed. The open season for hunting Canada geese, white-fronted geese and brant is October 3 2 to December 11 10, 1998 1999, in the north goose hunting zone and October 3 2 to October 11 10 and October 17 16 to December 16 15, 1998 1999, in the south goose hunting zone. The open season for hunting snow geese is October 3 2 to December 29 27, 1998 1999, statewide, and will reopen statewide from February 20 19 to March 10, 1999 2000. Shooting hours are one-half hour before sunrise to sunset each day.

ITEM 4. Amend subrule 91.3(1) as follows:

91.3(1) Bag limit. Daily bag limit is 2 Canada geese, 2 white-fronted geese, 2 brant, and 20 snow geese, and 2 Canada geese through October 31 and 1 Canada goose thereafter, except in the south zone where the daily bag limit is 2 Canada geese beginning December 1.

ITEM 5. Amend subrule 91.4(2), paragraphs "g," "h," and "o," as follows:

g. Area seven. Portions of Guthrie and Dallas Counties bounded as follows: Beginning at the junction of State Highways 4 and 44 in Panora; thence north along State Highway 4 (including the right-of-way) to County Road F25; thence east along County Road F25 (including the right-of-way) to Dallas County Road P46 York Avenue; thence south along P46 York Avenue 1 mile (including the right-of-way) to State Highway 44 170th Street; thence east one-half mile (including the right-of-way) to A Avenue in Dallas County; thence south on A Avenue 5 miles (including the right-of-way) to State Highway 44; thence west along State Highway 44 (including the right-of-way) to the point of beginning.

h. Area eight. A portion of Adams County bounded as follows: Beginning at the intersection of State Highway 148 and Adams County Road N53 in Corning; thence east and north along Adams County Road N53 approximately 12 9.5 miles to Adams County Road H20 H24 (including the right-of-way); thence westerly along Adams County Road H20 (including the right-of-way) to State Highway 148; thence south along State Highway 148 (including the right-of-way) about one half mile; thence west along Adams County Road H20 H24 (including the right-of-way) about four 8 miles; thence south along unnumbered county roads Elm Avenue about eight 6 miles to Adams County Road H34; thence east along Adams County Road H34 (including the right-of-way) to State Highway 148; thence north along Highway 148 about three-fourths mile to the point of beginning.

o. Area fifteen. Portions of Butler County bounded as follows: Beginning at the junction of Highway 3 and County Road T16, thence south 8 miles on County Road T16 to its intersection with County Road C55, thence east 9 miles on County Road C55 to its intersection with Highway 14, thence north 8 miles on Highway 14 to its intersection with Highway 3, thence west 9 miles on Highway 3 to the point of beginning; but, excluding those lands within this bounded area east of Jay Avenue managed by the department of natural resources as Big Marsh Management Area.

ITEM 6. Amend rule 571--91.6(481A) as follows:

571--91.6(481A) Youth waterfowl hunt. A special youth waterfowl hunt will be held statewide on September 26, 1998 October 9, 1999. Youth hunters must be 15 years old or younger. Each youth hunter must be accompanied by an adult 18 years old or older. The youth hunter does not need to have a hunting license or stamps. The adult must have a valid hunting license and habitat stamp if normally required to have them to hunt and a state waterfowl stamp. Only the youth hunter may shoot ducks, coots and Canada geese. The adult may hunt for any other game birds for which the season is open. The daily bag limits are the same as for the regular waterfowl season, as defined in subrule 91.1(1), except the season for snow geese will not be open. The possession limit is the same as the daily bag limit. All other hunting regulations in effect for the regular waterfowl season apply to the youth hunt.

[Filed Emergency After Notice 8/20/99, effective 8/20/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9298A

PERSONNEL DEPARTMENT[581]

Adopted and Filed Emergency

Pursuant to the authority of Iowa Code section 19A.9, the Department of Personnel amends Chapter 15, "Benefits," Iowa Administrative Code.

The amendment to subrule 15.1(3) changes the date by which HMO and ODS benefit providers must acquire national accreditation in order to offer benefits to state employees, dependents, and retirees. The amendment also permits the director to waive accreditation for up to two years.

The amendment to rule 15.8(19A) correctly identifies the inclusive dates of the plan year that were previously approved by the governing body of the plan, the Executive Council.

In compliance with Iowa Code section 17A.4(2), the Department finds that notice and public participation are impracticable because of the immediate need for a rule change to permit HMO and ODS providers time to provide the Department with evidence of accreditation by the National Committee for Quality Assurance or the Joint Commission on Accreditation of Health Care Organizations. It has been determined that there currently is an insufficient number of providers possessing either certification and more time is needed for providers to acquire accreditation.

The Department also finds, pursuant to Iowa Code section 17A.5(2)"b"(2), that the normal effective date of these amendments should be waived and these amendments should be made effective upon filing with the Administrative Rules Coordinator on August 12, 1999, as they confer a benefit on state employees, dependents, and retirees by permitting unaccredited providers to offer health benefits in areas of the state where there is a shortage of providers. There is a need to allow state employees, dependents, and retirees the maximum choice of providers at a competitive price until there are a sufficient number of providers that are accredited based on the amendments.

These amendments are also published herein under Notice of Intended Action as ARC 9297A to allow public comment.

The Personnel Department adopted these amendments on August 12, 1999.

These amendments are intended to implement Iowa Code sections 19A.1(2)"c" and 19A.9 and Iowa Code chapter 509A.

These amendments became effective August 12, 1999.

The following amendments are adopted.

ITEM 1. Amend subrule 15.1(3), introductory paragraph, as follows:

15.1(3) Health maintenance organizations (HMO) and organized delivery systems (ODS). Beginning with the 1999 benefit year starting January 1, 2001, any HMO or ODS seeking approval to offer benefits to state employees shall provide evidence of accreditation by the National Committee for Quality Assurance (NCQA) or the Joint Commission on Accreditation of Health Care Organizations (JCAHO). When an HMO or ODS seeks approval to offer benefits to state employees and has not achieved the required accreditation, the director of the department may waive the accreditation requirement for up to two consecutive benefit years. The granting of such a waiver shall be based, in part, on information submitted by the HMO or ODS that outlines its intent to achieve accreditation. If the HMO or ODS has not achieved the required accreditation by the end of the second benefit year, the director shall report this information to the executive council, and may recommend termination of the contract.

ITEM 2. Amend rule 581--15.8(19A), introductory paragraph, as follows:

581--15.8(19A) Premium conversion plan (pretax program). The director administers the premium conversion plan for employees of the state of Iowa. The plan is permitted under I.R.C. Section 125. Pursuant to I.R.C. Section 105, the plan is also an insured health care plan to the extent that participants use salary reduction to pay for health or dental insurance premiums. In accordance with I.R.C. Section 79, the plan is also a group-term life insurance plan to the extent that salary reduction is used for life insurance premiums. Administration of the plan shall comply with all federal regulations and the Summary Plan Document. For purposes of this rule, the plan year is August 1 to July 31 January 1 to December 31 of each year.

[Filed Emergency 8/12/99, effective 8/12/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9317A

PHARMACY EXAMINERS BOARD[657]

Adopted and Filed Emergency

Pursuant to the authority of Iowa Code sections 17A.4, 17A.5, 124.201, and 124.301, the Board of Pharmacy Examiners hereby amends Chapter 10, "Controlled Substances," Iowa Administrative Code.

The amendments were approved during the July 15, 1999, meeting of the Board of Pharmacy Examiners.

The amendments change the classification under the Iowa Controlled Substances Act of FDA-approved synthetic dronabinol products from Schedule II to less restrictive Schedule III. The Drug Enforcement Administration, effective July 2, 1999, published a final rule similarly rescheduling FDA-approved dronabinol products under federal law. The Board concurs with this rescheduling action and hereby changes Iowa law to conform to federal law. Rescheduling these products will, among other things, permit a prescriber to authorize five prescription refills within six months of the original prescription and will lessen record-keeping requirements and distribution restrictions. Rules 10.21(205) and 10.22(205) are amended to reflect this reclassification and to amend references to federal law.

In compliance with Iowa Code subsection 17A.4(2), the Board finds that notice and public participation are unnecessary in that the amendments are within narrowly tailored categories of rules exempt, pursuant to 657--subrule 28.10(2), from the usual public notice and participation requirements.

The Board also finds, pursuant to Iowa Code subparagraph 17A.5(2)"b"(2), that the normal effective date of these rules, 35 days after publication, should be waived. These changes provide a benefit to patients, prescribers, and pharmacists by easing restrictions on the accessibility of FDA-approved synthetic dronabinol products in conformance with federal law.

These amendments became effective upon filing on August 18, 1999.

These amendments are intended to implement Iowa Code sections 124.201, 124.301, and 205.3.

The following amendments are adopted.

ITEM 1. Amend rule 657--10.20(124) by adopting the following new subrules:

10.20(1) Amend Iowa Code subsection 124.206(7) by rescinding paragraph "b" and relettering paragraph "c" as "b."

10.20(2) Amend Iowa Code section 124.208 by adopting the following new subsection:

8. Hallucinogenic substances. Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States Food and Drug Administration approved product. Some other names for dronabinol: (6aR-trans)-6a, 7, 8, l0a-tetrahydro-6, 6, 9-trimethyl-3-pentyl-6H-dibenzo [b,d] pyran-1-ol, or (-)-delta-9-(trans)-tetrahydrocannabinol.

ITEM 2. Amend rule 657--10.21(205) as follows:

657--10.21(205) Purpose of issue of prescription. Any order purporting to be a prescription for a Schedule II III dronabinol product not issued for indications approved by the Food and Drug Administration is not a prescription within the meaning and intent of the federal law (21 U.S.C. 829) or of Iowa Code section 205.3. Any person knowingly filling such a purported prescription, as well as the person issuing it, shall be subject to the penalties provided for violations of the provisions of law relating to controlled substances. Nothing in this rule shall be deemed to prohibit the prescribing of dronabinol products approved by the Food and Drug Administration for other than indications for use approved by the Food and Drug Administration by a researcher or registered practitioner conducting research, provided that the research is conducted in accordance with research protocol provisions approved by the board or federal law (21 CFR 1301.33 as of December 29, 1979 1301.18 as of April 1, 1999).

This rule is intended to implement Iowa Code section 205.3.

ITEM 3. Amend rule 657--10.22(205) as follows:

657--10.22(205) Requirement of prescription. An individual practitioner as defined in Iowa Code subsection 124.101(23) may not administer or dispense Schedule II III dronabinol products unless such administering or dispensing is for indications for use approved by the Food and Drug Administration. Any person knowingly administering or dispensing Schedule II III dronabinol products contrary to this rule shall be subject to the penalties provided for violation of the provisions of law relating to controlled substances. Nothing in this rule shall be deemed to prohibit the administering or dispensing of Schedule II III dronabinol products for other indications for use approved by the Food and Drug Administration by a researcher or registered practitioner conducting research provided that the research is conducted in accordance with research protocol provisions approved by the board or federal law (21 CFR 1301.33 as of December 29, 1979 1301.18 as of April 1, 1999).

This rule is intended to implement Iowa Code section 205.3.

[Filed Emergency 8/18/99, effective 8/18/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9294A

SECRETARY OF STATE[721]

Adopted and Filed Emergency

Pursuant to the authority of Iowa Code section 47.1, the Secretary of State hereby adopts amendments to Chapter 21, "Election Forms and Instructions," Iowa Administrative Code.

These amendments deal with the certification of results of local option tax elections to the Department of Revenue and Finance. They provide clarification for a new term, "abstract of ballot." This term is used in 1999 Iowa Acts, Senate File 469, sections 10 and 16, but is neither defined nor used anywhere else in the Code of Iowa. In Item 1, "abstract of ballot" is defined to mean "abstract of votes." In Item 2, "abstract of ballot" is inserted into an existing rule to bring that rule into agreement with changes made by 1999 Iowa Acts, Senate File 469. 1999 Iowa Acts, Senate File 469, sections 10 and 16, change the responsibility for giving notice of the election from the board of supervisors to the county auditor. Item 2 amends the existing rule to comply with this change.

In compliance with Iowa Code section 17A.4(2), the Secretary of State finds that notice and public participation are impracticable because of the immediate need to provide rules to implement 1999 Iowa Acts, Senate File 469, sections 10 and 16, which became effective on July 1, 1999.

Although 1999 Iowa Acts, Senate File 469, became effective July 1, 1999, sections 10 and 16 of Senate File 469 cannot be implemented without these amendments. In compliance with Iowa Code section 17A.5(2)"b"(2), the Secretary of State finds that the normal effective date should be waived and the amendments made effective upon filing with the Administrative Rules Coordinator because the amendments remove a restriction on the public by allowing sections 10 and 16 to be implemented.

These amendments are also published herein under Notice of Intended Action as ARC 9293A to allow public comment. This emergency filing permits the Secretary of State to immediately implement the provisions of this change in the law.

These amendments are intended to implement 1999 Iowa Acts, Senate File 469, sections 10 and 16.

These amendments became effective August 11, 1999.

The following amendments are adopted.

ITEM 1. Amend rule 721--21.800(422B) by adopting the following new subrule:

21.800(4) Definitions.

"Abstract of ballot" means abstract of votes.

ITEM 2. Amend subrule 21.803(4) to read as follows:

21.803(4) Notice to the department of revenue and finance. Within 10 days after an election where a local sales and services tax for school infrastructure projects has been adopted, repealed or where the rate of the tax has been changed, the board of supervisors county auditor shall provide notice of the action by certified mail written notice by sending a copy of the abstract of votes to the director of the department of revenue and finance. This notice shall be given at least 40 days before the implementation date of the tax.

[Filed Emergency 8/11/99, effective 8/11/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

FILED

ARC 9337A

COLLEGE STUDENT AID COMMISSION[283]

Adopted and Filed

Pursuant to the authority of Iowa Code section 261.3, the College Student Aid Commission adopts amendments to Chapter 13, "Iowa Vocational-Technical Tuition Grant Program," Iowa Administrative Code.

These amendments align program requirements with changes in the law which were passed by the Iowa General Assembly in 1999 Iowa Acts, Senate File 464, sections 29 and 30.

Notice of Intended Action was published in the Iowa Administrative Bulletin on June 16, 1999, as ARC 9119A. No public comment was received on these amendments. The adopted amendments are identical to those published under Notice. These amendments were adopted during the August 10, 1999, meeting of the College Student Aid Commission.

These amendments will become effective October 13, 1999.

These amendments are intended to implement Iowa Code section 261.17 as amended by 1999 Iowa Acts, Senate File 464, sections 29 and 30.

The following amendments are adopted.

Amend rule 283--13.1(261) as follows:

283--13.1(261) Tuition grant based on financial need to Iowa residents enrolled in vocational or technical (career education) programs at public area schools community colleges in the state.

13.1(1) Financial need.

a. Financial need is defined as the difference between the estimated amount of family resources available for college expenses and the total costs at the institution the student plans to attend.

b. Financial need shall be evaluated annually on the basis of a confidential financial statement filed on forms designated by the commission which must be received by the processing agency by the priority dates specified in the application instructions.

13.1(2) Student eligibility.

a. A recipient must be an Iowa resident. The criteria used by the state board of regents to determine residency for tuition purposes, 681 IAC 1.4(262), are adopted for this program.

b. A recipient must be enrolled for at least three semester hours or the trimester or quarter equivalent in a vocational-technical or career option program.

c. A recipient may receive moneys under this program for liberal arts classes identified by the community college as required for completion of the student's vocational-technical or career option program. A recipient must be concurrently enrolled in a vocational or technical (career education) program.

d. A full-time recipient may receive moneys under this program for not more than four semesters, eight quarters, or the trimester or quarter equivalent of two full years of study. A part-time recipient may receive moneys under this program for not more than eight semesters or the trimester or quarter equivalent of two full years of full-time study. A recipient who is making satisfactory progress but cannot complete the course because of required liberal arts classes may receive the grant for one additional enrollment period.

e. A full-time recipient may receive no more than the amount specified by Iowa law or the amount of the student's established financial need, whichever is less. A part-time recipient's award shall be a prorated portion of the full-time award. The proration will be established by the commission in a manner consistent with federal Pell Grant Program proration. Part-time recipients taking from 3 to 5 credit hours will receive awards equal to one-fourth of the full-time award; recipients taking from 6 to 8 credit hours will receive awards equal to one-half of the full-time award; and recipients taking from 9 to 11 credit hours will receive awards equal to three-fourths of the full-time award.

e f. A recipient may again be eligible for moneys under 13.1(2)"d" if the recipient resumes study after at least a two-year absence, except for coursework for which credit was previously received.

13.1(3) to 13.1(8) No change.

This rule is intended to implement Iowa Code section 261.9(1) and Iowa Code Supplement section 261.17 as amended by 1998 Iowa Acts, chapter 1215 1999 Iowa Acts, Senate File 464, sections 29 and 30.

[Filed 8/20/99, effective 10/13/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9336A

COLLEGE STUDENT AID COMMISSION[283]

Adopted and Filed

Pursuant to the authority of Iowa Code section 261.3, the College Student Aid Commission adopts amendments to Chapter 20, "Iowa National Guard Tuition Aid Program," Iowa Administrative Code.

These amendments align program requirements with changes in the law which were passed by the Iowa General Assembly in 1999 Iowa Acts, Senate File 464, section 40.

Notice of Intended Action was published in the Iowa Administrative Bulletin on June 16, 1999, as ARC 9120A. No public comment was received on these amendments. The adopted amendments are identical to those published under Notice. These amendments were adopted during the August 10, 1999, meeting of the College Student Aid Commission.

These amendments will become effective October 13, 1999.

These amendments are intended to implement 1999 Iowa Acts, Senate File 464, section 40.

The following amendments are adopted.

ITEM 1. Amend 283--Chapter 20, title, as follows:

CHAPTER 20
IOWA NATIONAL GUARD TUITION AID EDUCATIONAL ASSISTANCE PROGRAM

ITEM 2. Amend rule 283--20.1(261), introductory paragraph, as follows:

283--20.1(261) Tuition aid Educational assistance to Iowa national guard members for undergraduate studies at eligible Iowa institutions. The adjutant general shall determine eligibility requirements and select program recipients, and the decision of the adjutant general is final.

ITEM 3. Amend subrule 20.1(1) as follows:

20.1(1) Guard member eligibility. A recipient must:

a. Be a resident of Iowa, as defined by the adjutant general of Iowa, and a member of an Iowa army or air national guard unit throughout each term for which the member has applied for benefits.

b. Have satisfactorily completed required guard training.

c. Have maintained satisfactory performance of guard duty.

d. Have applied to the adjutant general of Iowa for program eligibility.

e. Be pursuing a certificate or undergraduate degree program at an eligible Iowa college or university and maintain satisfactory academic progress.

f. Provide notice of national guard status to the college or university at the time of registration.

ITEM 4. Amend subrule 20.1(4) as follows:

20.1(4) Award limitations. Awards may be used for educational assistance including tuition costs and fees; room and board; books, supplies, transportation and personal expenses; dependent care; and disability-related expenses. Individual award amounts are limited to: shall be determined by the adjutant general and shall be neither less than an amount equal to 50 percent of the resident tuition rate established for students attending regent institutions nor exceed the amount of the resident tuition rate established for students attending regent institutions.

a. Fifty percent of the in-state tuition rate at an Iowa regents university;

b. Fifty percent of the in-state tuition rate at an Iowa community college; and

c. An amount equal to 50 percent of the average resident tuition rate at the regents universities for enrollment at an Iowa independent institution.

ITEM 5. Amend subrule 20.1(5) as follows:

20.1(5) Restrictions.

a. A guard member may use benefits only for undergraduate tuition costs educational assistance.

b. A guard member who has met the educational requirements for a baccalaureate degree is not eligible for benefits; students enrolled as freshmen and sophomores will be given preference for benefits.

c. A qualified full-time student may receive tuition aid benefits for no more than eight semesters of undergraduate study or the quarter or trimester equivalent. A qualified part-time student may receive tuition aid benefits for no more than 16 semesters of undergraduate study or the quarter or trimester equivalent.

[Filed 8/20/99, effective 10/13/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9338A

COLLEGE STUDENT AID COMMISSION[283]

Adopted and Filed

Pursuant to the authority of Iowa Code section 261.3, the College Student Aid Commission adopts amendments to Chapter 32, "Chiropractic Graduate Student Forgivable Loan Program," Iowa Administrative Code.

The adopted amendments for the Iowa Chiropractic Graduate Student Forgivable Loan Program, which was established by the 1996 Iowa Legislature, require recipients to practice chiropractic in an underserved area in Iowa and eliminate the required four-year service requirement, allowing the Commission to evaluate and periodically adjust the period of service required for recipients to qualify for forgiveness.

Notice of Intended Action was published in the Iowa Administrative Bulletin on June 16, 1999, as ARC 9121A. Due to public comment from Palmer College of Chiropractic, this rule has been modified to benefit more students by adjusting the annual awards. Annual awards will be determined by dividing the annual appropriation by the number of eligible students. Students who receive benefits after July 1, 1999, must practice in an underserved area in Iowa to qualify for cancellation benefits for all loans received including those received prior to July 1, 1999.

These amendments are intended to implement Iowa Code section 261.71 as amended by 1999 Iowa Acts, Senate File 464, sections 38 and 39.

These amendments were adopted during the August 10, 1999, meeting of the Iowa College Student Aid Commission.

These amendments shall become effective October 13, 1999.

The following amendments are adopted.

Amend rule 283--32.1(261) as follows:

Amend subrule 32.1(1) as follows:

32.1(1) Definitions. As used in this chapter:

"Chiropractic practice" means working full-time as a licensed chiropractor in the state of Iowa as certified by the state board of examiners.

"Graduate student" means a student who has completed at least 90 semester hours, or the trimester or quarter equivalent, of postsecondary coursework at a public higher education institution or at an accredited private institution, as defined under Iowa Code section 261.9.

"Iowa resident student" means an individual who meets the criteria used by the state board of regents to determine residency for tuition purposes, 681 IAC 1.4(262).

"Underserved area" means a geographical area included on the Iowa governor's health practitioner shortage area list, which is compiled by the center for rural health and primary care of the Iowa department of public health.

Amend subrules 32.1(2) to 32.1(4) as follows:

32.1(2) Recipient eligibility.

a. Individuals who are enrolled at the Palmer College of Chiropractic on or after July 1, 1997 1999, who meet the Iowa residency criteria as defined in 681 IAC 1.4(262) and plan agree to practice chiropractic in an underserved area in Iowa are eligible to apply for program benefits.

b. The maximum award from state funds annual amount of the forgivable loan to an eligible chiropractic student is $700 per trimester determined by dividing the annual appropriation by the number of eligible students.

c. Eligible students who borrowed prior to July 1, 1999, and seek additional assistance, must agree to practice in an underserved area in Iowa to qualify for cancellation benefits for all loans.

d. Notwithstanding the foregoing, the amount of a forgivable loan for an eligible chiropractic student shall not exceed the student's annual cost of tuition and fees.

32.1(3) Criteria for selection of recipients. Priority will be given to chiropractic students who show considerable financial need and who are willing to practice in a designated shortage area within the state of Iowa.

32.1(4) Promissory note. The chiropractic recipient of a loan under this program shall sign a promissory note agreeing to practice chiropractic in an underserved area in Iowa for one full year for each loan received or to repay the loan and accrued interest according to repayment terms specified in the note.

Amend subrule 32.1(9) as follows:

32.1(9) Deferral of payment.

a. Repayment of the borrower's loan obligation shall become due one year after the borrower graduates if the borrower does not practice chiropractic in an underserved area in Iowa.

a b. Repayment of the borrower's loan obligation may be deferred under the following circumstances: active duty in the United States military service, not to exceed three years; during a period of temporary disability, not to exceed three years.

b c. Repayment of the borrower's loan obligation under this loan program is not required during periods of enrollment as a student at Palmer College of Chiropractic.

c d. Forbearance is a revision in repayment terms to temporarily postpone payments. It may be granted when a borrower experiences a temporary hardship and is willing but unable to pay in accordance with the repayment schedule. Borrowers remain responsible for interest accrual during forbearance periods. The program administrator may grant forbearance for periods of less than six months; periods of greater than six months but less than one year must be approved by the executive director. Forbearance periods exceeding one year must be approved by the commission.

e. Borrowers failing to meet the service requirement shall be required to repay the loan on a prorated basis. The prorated balance will be calculated by dividing the number of days remaining in the service period by the number of days in the service period multiplied by the loan amount.

f. Loans not forgiven may be sold to a bank, savings and loan association, credit union, or nonprofit agency eligible to participate in the guaranteed student loan program under the federal Higher Education Act of 1965, 20 U.S.C.§ 1071 et seq., by the commission when the loans become due for repayment.

[Filed 8/20/99, effective 10/13/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9335A

COLLEGE STUDENT AID COMMISSION[283]

Adopted and Filed

Pursuant to the authority of Iowa Code section 261.3, the College Student Aid Commission amends Chapter 35, "Industrial Technology Forgivable Loan Program," Iowa Administrative Code.

The adopted amendments to this chapter change the program name to "Teacher Shortage Forgivable Loan Program" and establish rules for administering the Teacher Shortage Forgivable Loan Program, which was established in 1999 Iowa Acts, Senate File 464, section 41.

Notice of Intended Action was published in the Iowa Administrative Bulletin on June 16, 1999, as ARC 9122A. No public comment was received on these amendments. The adopted amendments have been modified to more accurately clarify that loan recipients must teach in a designated teacher shortage area upon completion of their program of study.

The amendments were adopted during the August 10, 1999, meeting of the College Student Aid Commission.

These amendments are intended to implement Iowa Code section 261.111 as amended by 1999 Iowa Acts, Senate File 464, section 41.

The amendments shall become effective October 13, 1999.

The following amendments are adopted.

Amend 283--Chapter 35 as follows:

CHAPTER 35
INDUSTRIAL TECHNOLOGY FORGIVABLE LOAN PROGRAM TEACHER SHORTAGE FORGIVABLE
LOAN PROGRAM

283--35.1(261) Industrial technology Teacher shortage forgivable loan program. The industrial technology teacher shortage forgivable loan program is a state-supported and administered forgivable loan program for Iowans enrolled as undergraduate or graduate students in an approved industrial technology education program designated teacher shortage areas as certified by the director of the Iowa department of education.

35.1(1) Definitions. As used in this chapter:

"Eligible institution" means an institution of higher learning under the control of the state board of regents, or a North Central Association of Colleges (NCA) accredited independent institution as defined in Iowa Code section 261.9, or a state-supported community college.

"Iowa resident student" means an individual who meets the criteria used by the state board of regents to determine residency for tuition purposes, 681 IAC 1.4(262).

"Practitioner" means an administrator, teacher, or other licensed professional who does not hold or receive a license from a professional licensing board other than the board of educational examiners and who provides educational assistance to students.

"Practitioner preparation program" means a program approved by the state board of education which prepares a person to obtain a license as a practitioner.

"Teacher" means a licensed member of a school's instructional staff who diagnoses, prescribes, evaluates, and directs student learning in a manner consistent with professional practice and school objectives, shares responsibility for the development of an instructional program and any coordinating activities, evaluates or assesses student progress before and after instruction, and who uses the student evaluation or assessment information to promote additional student learning.

35.1(2) Student eligibility.

a. An applicant must be an Iowa resident who is enrolled as a sophomore, junior, or senior in the area of industrial technology education or is enrolled in the area of industrial technology at a community college and the credits for the coursework in industrial technology are transferable to an eligible Iowa regent or independent institution's accredited education program. or graduate student at an eligible Iowa regent university or independent college or university in an approved practitioner preparation program designated as a teacher shortage area.

b. No change.

c. An applicant must complete and file an application for the industrial technology teacher shortage forgivable loan program. Applicants must submit the application by the deadline established by the commission. If funds remain available after the application deadline, the commission will continue to accept applications.

d. No change.

e. Financial need is defined as the difference between the student's college expenses and the amount of the financial aid available to defray the expenses.

35.1(3) Selection criteria. All applications received on or before the published deadline will be considered for funding. In the event that all applicants for the program cannot be funded with the available appropriations, the following selection criteria will be used to select the recipients: renewal status, date of application, date available to begin teaching, and applicant's financial resources.

35.1(4) Promissory note. Loan recipients shall sign promissory notes agreeing to teach industrial technology in a designated teacher shortage area or the teacher shortage area for which the loan was approved in Iowa for five years or to repay the loan and accrued interest according to repayment terms specified in the note.

35.1(5) Interest rate. The rate of interest shall be equal to the repayment rate of a federal Stafford Student Loan for the first year in which the recipient made application. All subsequent loans shall carry the same interest rate.

35.1(6) Disbursement of loan proceeds. No change.

35.1(7) Loan cancellations.

a. Thirty days following graduation, termination of enrollment at the student's institution or termination of full-time teaching of industrial technology education, in a designated teacher shortage area or the teacher shortage area for which the loan was approved in Iowa, the borrower shall notify the commission of the nature of the borrower's employment and educational status.

b. To certify eligibility for cancellation, the borrower must submit to the commission an affidavit from the borrower's school district verifying that the borrower taught full-time in the area of industrial technology, a designated teacher shortage area or the teacher shortage area for which the loan was approved in an Iowa school district or an accredited nonpublic school. The borrower's loan amount, including principal and interest, shall be reduced by 20 percent for each year of full-time teaching in the area of industrial technology a designated teacher shortage area or the teacher shortage area for which the loan was approved.

c. and d. No change.

35.1(8) Loan payments. No change.

35.1(9) Deferral of payment.

a. No change.

b. Repayment of the borrower's loan obligation under this program is not required during periods of enrollment as an undergraduate student in the area of industrial technology, or during periods of teaching in the area of industrial technology or during periods of teaching in a shortage area or the teacher shortage area for which the loan was approved.

c. No change.

35.1(10) Restrictions. No change.

This rule is intended to implement 1998 Iowa Acts, chapter 1215 Iowa Code section 261.111 as amended by 1999 Iowa Acts, Senate File 464, section 41.

[Filed 8/20/99, effective 10/13/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9340A

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa Department of Economic Development adopts an amendment to Chapter 11, "Certified School to Career Program," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on July 14, 1999, as ARC 9184A. The Board adopted this amendment on August 19, 1999.

The amendment implements a legislative change. 1999 Iowa Acts, House File 144, section 1, amends Iowa Code section 15.364 to permit, in the event a participant does not complete the certified program, one-half of the funds being held in trust for a participant's postsecondary education to be paid to an apprenticeship program authorized by 29 CFR, Subtitle A, Part 29, or a postsecondary education institution as defined in Iowa Code section 261C.3.

This amendment is identical to the Notice of Intended Action.

This amendment will become effective on October 13, 1999.

This amendment is intended to implement Iowa Code section 15.364 as amended by 1999 Iowa Acts, House File 144, section 1.

The following amendment is adopted.

Amend paragraph 11.3(10)"b" as follows:

b. If a participant selects a different career field and chooses not to complete the certified program identified in the agreement prior to entering the postsecondary component of the education program, one-half of the moneys being held in trust for the participant's postsecondary education shall be paid either to an apprenticeship program of the participant's choice which has been approved under 29 CFR, Subtitle A, Part 29 (February 18, 1977, as amended April 30, 1984) or a postsecondary education institution as defined in Iowa Code section 261C.3 of the participant's choice to pay tuition or expenses of the participant. The other one-half of the trust moneys shall be paid back to the employer. Any moneys to be transferred for the benefit of the participant which are not transferred within five years for purposes of

education at the designated postsecondary institution shall be paid back to the employer.

[Filed 8/20/99, effective 10/13/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9341A

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa Department of Economic Development adopts Chapter 20, "ACE PIAP Program," Iowa Administrative Code.

The rules establish program guidelines, describe application procedures, outline review criteria, and provide information on program administration. The final rules do not include waiver provisions at this time. The Department desires to study the issue further before taking action.

Notice of Intended Action was published in the Iowa Administrative Bulletin on July 14, 1999, as ARC 9182A. These rules were also simultaneously Adopted and Filed Emergency as ARC 9183A.

A public hearing to receive comments about the proposed new chapter was held on August 5, 1999. The Department received comments from Master Builders of Iowa and Construction Careers Training, Inc. The comments concerned the appropriate definition of "Vertical infrastructure," whether installation of equipment was an allowable expense, and whether a consortium of businesses could have a third party represent them during the agreement negotiation process.

After reviewing the comments received, the following changes were made:

1. The definition of "Vertical infrastructure" in rule 20.2(78GA,HF772,SF465) was revised to correspond to the definition in Iowa Code section 8.57(5)"c."

2. The second sentence in proposed paragraph 20.3(2)"a" was deleted to avoid redundancy. The subject matter is covered later in the paragraph.

3. The Iowa Code definition of "Vertical infrastructure" specifically excludes equipment purchases as an allowable expenditure. The question remained about how to treat equipment installation expenses. The Department felt that installation expenses were not prohibited and should be included as an allowable program expense. Subrule 20.3(3) has been expanded to clarify that certain processes related to equipment installation are acceptable activities under the ACE infrastructure program.

4. One commenter requested that the final rules clarify that a group of businesses could have a third party represent a group of businesses during the agreement negotiation process. The definition of "Employer" in rule 20.2(78GA, HF772,SF465) includes a consortium of businesses, and it would not be unusual for a group of businesses to designate a representative. To clarify that this would be acceptable, subrule 20.6(1) was amended to clarify that the development of program agreements may be facilitated by an entity which represents a group of employers.

5. Corrections in punctuation were made in subrule 20.6(2) to correct errors in phrasing. The affected portion now reads as follows: "the employer's agreement to interview graduates for full-time positions and provide hiring preference; for employers with more than four sponsored participants, certification that a job offer will be made to at least 25 percent of those participants that complete the program;".

The IDED Board adopted the new rules on August 19, 1999.

These rules will become effective on October 13, 1999, at which time the Adopted and Filed Emergency rules are hereby rescinded.

These rules are intended to implement 1999 Iowa Acts, House File 772 and Senate File 465.

The following new chapter is adopted.

CHAPTER 20
ACE PIAP PROGRAM

261--20.1(78GA,HF772,SF465) Purpose. The purpose of the ACE PIAP program is to provide capital funds for accelerated career education programs. Funding for the program is from the physical infrastructure assistance fund. The goal of the program is to provide an enhanced skilled workforce in Iowa.

261--20.2(78GA,HF772,SF465) Definitions.

"Accelerated career education program" or "ACE" means the program established pursuant to 1999 Iowa Acts, Senate File 465, section 3.

"Agreement" means a program agreement referred to in 1999 Iowa Acts, Senate File 465, section 3, between an employer and a community college.

"Community college" means a community college established under Iowa Code chapter 260C or a consortium of two or more community colleges.

"Employee" means a person employed in a program job.

"Employer" means a business or consortium of businesses engaged in interstate or intrastate commerce for the purposes of manufacturing, processing or assembling products, construction, conducting research and development, or providing services in interstate or intrastate commerce, but excluding retail services.

"Highly skilled job" means a job with a broadly based, high-performance skill profile including advanced computation and communication skills, technology skills and workplace behavior skills, and for which an applied technical education is required.

"IDED" or "department" means the Iowa department of economic development.

"IDED board" means the Iowa economic development board authorized under Iowa Code section 15.103.

"Participant" means an individual who is enrolled in an accelerated career education program at a community college.

"Participant position" means the individual student enrollment position available in an accelerated career education program.

"PIAP" means the physical infrastructure assistance program established in Iowa Code section 15E.175.

"Program capital cost" means classroom and laboratory renovation, new classroom and laboratory construction, site acquisition or preparation.

"Program job" means a highly skilled job available from an employer pursuant to a program agreement.

"Program job position" means a job position which is planned or available for an employee by the employer pursuant to a program agreement.

"Program operating costs" means all necessary and incidental costs of providing program services.

"Program services" means services that include all of the following provided they are pursuant to a program agreement: program needs assessment and development, job task analysis, curriculum development and revision, instruction, instructional materials and supplies, computer software and upgrades, instructional support, administrative and student services, related school to career training programs, skill or career interest assessment services and testing and contracted services.

"Vertical infrastructure" means land acquisition and construction, major renovation and major repair of buildings, all appurtenant structures, utilities, site development and recreation trails. Vertical infrastructure does not include equipment, routine, recurring maintenance or operational expenses or leasing of a building, appurtenant structure, or utility without a lease-purchase agreement.

261--20.3(78GA,HF772,SF465) Eligibility.

20.3(1) Eligible programs. All programs must demonstrate increased capacity to enroll additional students. To be eligible, a program must be either:

a. A credit career, vocational, or technical education program resulting in the conferring of a certificate, diploma, associate of science degree, or associate of applied science degree; or

b. A credit equivalent career, vocational, or technical educational program consisting of not less than 540 contact hours of classroom and laboratory instruction and resulting in the conferring of a certificate or other recognized,competency-based credential.

20.3(2) Threshold requirements. To be considered for funding, the following threshold requirements shall be met:

a. There must be documentation of pledged program positions paying at least 200 percent of the poverty level for a family of two. If the wage designated is after a training or probationary period, the employer must document that there is a plan in place regarding time frames for transition to the permanent full-time wage, and the employer must provide documentation that these time frames are reasonable and that the employer has previously adhered to the time schedule.

b. Documentation must be provided to demonstrate that the program meets the definition of an eligible program as detailed in subrule 20.3(1).

c. An applicant must demonstrate that the project builds capacity of the community college to train additional students for available jobs.

d. Documentation must be supplied to establish a 20 percent employer cash or in-kind match for program operating funds.

e. An applicant shall describe how the project enhances geographic diversity of project offerings across the state.

f. The community college must document that other private or public sources of funds are maximized prior to ACE capital cost funding.

g. ACE program capital cost projects must enhance the geographic diversity of state investment in Iowa. The IDED board will continuously review projects to ensure that there is statewide impact. The IDED board will prioritize proj-ects to ensure geographic diversity.

20.3(3) Vertical infrastructure. Funds shall be used only for ACE program capital costs for projects that meet the definition of vertical infrastructure. Building repair, renovation and construction for the purposes of ACE program equipment installation shall be allowed.

261--20.4(78GA,HF772,SF465) Funding allocation.

20.4(1) Base allocation.

a. For fiscal year 1999-2000, $3 million shall be allocated equally among the community colleges in the state. If a community college fails to obligate or encumber any of its allocation by April 1 of the fiscal year, the funds for that community college will revert back to the state level to be awarded to other community colleges on a competitive basis as described in subrule 20.4(2).

b. Community colleges shall submit an application, with an accompanying program agreement, to access the allocated funds. The application and program agreement shall document that all ACE eligibility requirements as detailed in rule 20.3(78GA,HF772,SF465) have been met.

c. All applications and program agreements for allocated funds that meet the ACE eligibility requirements will be forwarded to the IDED board for recommended funding.

20.4(2) Competitive awards. ACE program capital funds that are not allocated to a community college will be made competitively available to community colleges for ACE program capital costs.

20.4(3) Evaluation criteria for competitive awards. Applications and accompanying program agreements meeting all ACE eligibility requirements will be prioritized and rated using the following point criteria:

a. The degree to which the applicant adequately demonstrates a lack of existing public or private infrastructure for development of the partnership. There must be a demonstration that the project will build capacity in order for the project to be considered. Capacity will be measured in terms of jobs that are pledged, students that are interested in the program area and the capacity that is built at the community college to undertake the programming. Up to 33 points will be awarded.

b. Demonstration that the jobs resulting from the partnership would include wages, benefits and other attributes that would improve the quality of employment within the region. Projects where the average wage for the pledged jobs exceeds the regional or county average wage, whichever is lower for the location where the training is to be provided, will be awarded points based upon the percentage that the average wage of the pledged jobs exceeds the applicable average wage. Up to 33 points will be awarded.

c. Evidence of local, public or private contributions that meet the requirements of 1999 Iowa Acts, Senate File 465, section 3. Projects will be rated based upon the percentage of match that is pledged to the ACE program capital cost for the project. Up to 34 points will be awarded.

Applications that do not receive at least 66 out of 100 will not be forwarded to the IDED board for review. Projects will be competing against each other for IDED board approval and the number of points that a project receives will be considered in the award process.

261--20.5(78GA,HF772,SF465) Application procedures.

20.5(1) Preapplication. A preapplication process will be available to provide applicants with feedback as the project is developed. A preapplication can be made prior to employer sign off or community college board of director approval. Preapplications for projects that will cross community college boundaries, or for projects that involve employers from multiple community college areas, must have sign off from all college areas involved. A successful preapplication review will result in funds being set aside for the project from the competitive funds pool for 60 days, pending the receipt of a final application. Subsequent to the voluntary preapplication process, an application with an accompanying program agreement will be required to request funding from ACE PIAP funds.

20.5(2) Final application. Applicants shall submit a final application to IDED to request program funds.

20.5(3) Staff review and recommendation. A committee of IDED staff will review and rate applications based upon the rating criteria. Based upon this review, a decision will be made regarding submittal of the application to the IDED board for action.

20.5(4) IDED board action. The IDED board will review ACE program capital cost projects meeting the requirements prescribed in these rules. A program agreement, which is approved by the community college board of directors, must be attached to the final application. Approval or denial of applications that are submitted that are complete and in final form shall be made no later than 60 days following receipt of the application by the department. Subsequent to board approval, an award letter will be sent. The award letter will be followed by a contract. After a signed contract is in place, funding for a project may be requested.

261--20.6(78GA,HF772,SF465) Program agreements.

20.6(1) Program agreements will be developed by an employer, a community college and any employee of an employer representing a program job. The development of these agreements may be facilitated by an entity representing a group of employers. Any community college that has an employer from its merged area involved in an ACE project must enter into the agreement. If a bargaining unit is in place with the employer pledging the jobs, a representative of the bargaining unit shall take part in the development of the program agreement. All participating parties must sign the program agreement. The agreement must include employer certification of contributions that are made toward the program costs.

20.6(2) A program agreement shall include, at a minimum, the following terms: match provided by the employer; tuition, student fees, or special charges fixed by the community college board of directors; guarantee of employer payments; type and amount of funding sources that will be used to pay for program costs; description of program services and implementation schedule; the term of the agreement, not to exceed five years; the employer's agreement to interview graduates for full-time positions and provide hiring preference; for employers with more than four sponsored participants, certification that a job offer will be made to at least 25 percent of those participants that complete the program; an agreement by the employer to provide a wage level of no less than 200 percent of the federal poverty guideline for a family of two; a provision that the employer does not have to fulfill the job offer requirement if the employer experiences an economic downturn; a provision that the participants will agree to interview with the employer following completion of the program; and default procedures.

261--20.7(78GA,HF772,SF465) Monitoring. IDED will monitor ACE PIAP projects to ensure compliance with all program requirements.

261--20.8(78GA,HF772,SF465) Customer tracking system. Participants in the ACE program shall be included in the customer tracking system implemented by IWD. In order to achieve this, social security numbers on all ACE program trainees will be required.

261--20.9(78GA,HF772,SF465) Program costs recalculation. Program costs shall be calculated or recalculated on an annual basis based on the required program services for a specific number of participants. Agreement updates reflecting this recalculation must be submitted to IDED annually to review compliance with program parameters.

These rules are intended to implement 1999 Iowa Acts, House File 772 and Senate File 465.

[Filed 8/20/99, effective 10/13/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9342A

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa Department of Economic Development amends Chapter 23, "Iowa Community Development Block Grant Program," Iowa Administrative Code.

The amendments clarify application procedures and timing of application submittal and add a rating criterion addressing orderly, compact development as a point of consideration in funding decisions.

Notice of Intended Action was published as ARC 9093A in the Iowa Administrative Bulletin on June 16, 1999. A public hearing to receive comments about the proposed amendments was held on July 6, 1999. No comments were received. The final amendments are identical to the proposed amendments.

The IDED Board adopted these amendments on August 19, 1999.

These amendments will become effective on October 13, 1999.

These amendments are intended to implement Iowa Code section 15.108(1)"a."

The following amendments are adopted.

ITEM 1. Amend subrule 23.4(6) as follows:

23.4(6) Competitive program. The remaining funds shall be available on a competitive basis through the water and sewer fund and community facilities and services fund. Of the remaining amount, 70 percent shall be reserved for the water and sewer fund, 15 percent shall be reserved for the community facilities and services fund and 15 percent shall be allocated to either the water and sewer fund or community facilities and services fund at the discretion of the director, based on requests for funds.

a. Funding from the water and sewer fund shall be divided into two award cycles.

b. Up to 85 percent of the funds shall be awarded in the first award cycle.

ITEM 2. Amend paragraph 23.6(3)"c" by adopting the following new subparagraph (8):

(8) Degree to which the project promotes orderly, compact development supported by affordable public infrastructure.

ITEM 3. Amend subrule 23.6(3) by rescinding paragraph "d" and amending paragraph "f" as follows:

f. Full applications shall be submitted by a deadline established by IDED, which shall be no earlier than 50 days after IDED issues the invitation to apply. Applicants shall submit the original and two copies of completed applications with required attachments to IDED at the address provided in paragraph "a" above.

ITEM 4. Amend paragraph 23.6(4)"c" by adopting the following new subparagraph (8):

(8) Degree to which the project promotes orderly, compact development supported by affordable public infrastructure.

ITEM 5. Amend paragraph 23.6(4)"e" as follows:

e. Full applications shall be submitted by a deadline established by IDED, which shall be no earlier than 50 days after IDED issues the invitation to apply. Applicants shall submit one original and two copies of completed applications with required attachments to IDED at the address provided in paragraph "a" above.

[Filed 8/20/99, effective 10/13/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9343A

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa Department of Economic Development adopts Chapter 65, "Recreation, Environment, Art and Cultural Heritage Initiative (REACH)--Community Attraction and Tourism Development Program," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on July 14, 1999, as ARC 9185A. These rules were simultaneously Adopted and Filed Emergency as ARC 9186A.

The rules establish program guidelines, describe application procedures, outline review criteria, and provide information on program administration. The final rules do not include waiver provisions at this time. The Department desires to study the issue further before taking action.

A public hearing to receive comments about the proposed new chapter was held on August 4, 1999. No negative comments were received at the public hearing. These rules are identical to the proposed rules.

The Board adopted these rules on August 19, 1999.

These rules will become effective on October 13, 1999, at which time the Adopted and Filed Emergency rules are hereby rescinded.

These rules are intended to implement 1999 Iowa Acts, House File 772, section 3(2) and sections 23 and 24.

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 [Ch 65] is being omitted. These rules are

identical to those published under Notice as ARC 9185A and Adopted and Filed Emergency as ARC 9186A, IAB 7/14/99.

[Filed 8/20/99, effective 10/13/99]
[Published 9/8/99]

[For replacement pages for IAC, see IAC Supplement 9/8/99.]

ARC 9292A

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 218.4,the Department of Human Services hereby amends Chapter 29, "Mental Health Institutes," and Chapter 30, "StateHospital-Schools," appearing in the Iowa Administrative Code.

The Council on Human Services adopted these amendments August 11, 1999. Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on June 16, 1999, as ARC 9115A.

These amendments correct obsolete rule and program references in 441--Chapters 29 and 30.

These amendments are identical to those published under Notice of Intended Action.

These amendments do not provide for waiver in specified situations because these amendments do nothing more than correct obsolete references.

These amendments are intended to implement Iowa Code sections 222.78 and 230.15.

These amendments shall become effective November 1, 1999.

The following amendments are adopted.

ITEM 1. Amend rule 441--29.3(230) as follows:

441--29.3(230) Liability for support. The liability of a person legally liable for support of a mentally ill person after 120 days of hospitalization shall be standard for one person in the aid to dependent children family investment program as established in 441--subrule 41.8(2) 41.28(2).

This rule is intended to implement Iowa Code section 230.15.

ITEM 2. Amend rule 441--30.2(222) as follows:

441--30.2(222) Liability for support. The liability of any person, other than the patient, who is legally bound for the support of any patient under 18 years of age shall be determined in the same manner as parent liability in rule 441--156.3(252C) 441--156.2(234), except that the maximum liability shall not exceed the standards for personal allowances established by the department under the family investment program.

This rule is intended to implement Iowa Code section 222.78.

[Filed 8/11/99, effective 11/1/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9295A

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 239B.4 and 249A.4 and 1999 Iowa Acts, House File 760, section 7, subsections 18 and 19, and section 47, the Department of Human Services hereby amends Chapter 40, "Application for Aid," Chapter 75, "Conditions of Eligibility," Chapter 76, "Application and Investigation," and Chapter 83, "Medicaid Waiver Services," appearing in the Iowa Administrative Code.

The Council on Human Services adopted these amendments on August 11, 1999. These amendments implement two Notices of Intended Action. One set of amendments was previously Adopted and Filed Emergency and published in the June 30, 1999, Iowa Administrative Bulletin as ARC 9142A. Notice of Intended Action to solicit comments on that submission was published in the June 30, 1999, Iowa Administrative Bulletin as ARC 9141A. Notice of Intended Action regarding the other set of amendments was published in the Iowa Administrative Bulletin on June 16, 1999, as ARC 9094A.

The amendments noticed as ARC 9094A revise policy regarding issuance of the notice of decision for applicants for the Family Investment Program (FIP) and Family Medical Assistance Program (FMAP). Under current policy, applicants must receive a written notice of decision by the thirtieth day following the date of application.

Under these revisions, a determination of eligibility shall be made for FIP and FMAP-related Medicaid applicants as soon as possible, but no later than 30 days from the date of application. A written notice of decision shall be issued the next working day following the determination of eligibility.

These policies are revised to match food stamp policy with a resulting reduction in program complexity and improvement in program error rates. Most clients simultaneously receive FIP, food stamp, and Medicaid benefits. Consistency among program rules simplifies the programs, reduces the potential for error, and is less confusing for clients.

The amendments noticed as ARC 9141A implement the following changes in determining Medicaid eligibility for children as mandated by the Seventy-eighth General Assembly.

* All resources are disregarded in determining Medicaid eligibility for children under most coverage groups that include children. Currently, the resources of all household members are considered in determining Medicaid eligibility for each household member. This change allows all resources of all household members to be disregarded when determining Medicaid eligibility of children under the spec-ified coverage groups. The coverage groups included are those specified by the General Assembly and allowed by federal law. Resources of all household members will continue to be considered in determining Medicaid eligibility for adults in the household.

The Family Medical Assistance Program (FMAP) resource limits which were given by cross reference are added to the rules for ease in understanding these changes.

* The face-to-face interview is eliminated as an eligibility requirement in determining Medicaid eligibility for children. Currently, all Medicaid applicants are required to attend a face-to-face interview as part of the application process, unless the health of the applicant precludes it. This change allows Medicaid eligibility to be established for children without requiring the applicant to attend a face-to-face interview. A face-to-face interview will continue to be a requirement as part of the application process in determining Medicaid eligibility for adults.

These amendments are identical to those published under Notice of Intended Action.

The amendments noticed as ARC 9094A do not provide for waivers in specified situations because, as already provided in the rules, the Department believes that the time limit for decisions should be the same for all FIP and FMAP-related Medicaid applicants. The rules already provide that all decisions will be made as soon as possible.

The amendments noticed as ARC 9141A do not provide for waivers in specified situations because the amendments are required by state legislation that does not allow for any waiver and the amendments confer a benefit on children by no longer requiring a face-to-face interview to establish eligibility and by disregarding household resources. No waiver of the limits of the benefits conferred is appropriate in any situations that can be specified because waiving either amendment would reimpose more restrictive eligibility criteria that these amendments removed.

These amendments are intended to implement Iowa Code sections 239B.3 as amended by 1999 Iowa Acts, Senate File 221, section 2, and 249A.4 and 1999 Iowa Acts, House File 760, section 7, subsection 18, and section 50.

These amendments shall become effective November 1, 1999, at which time the Adopted and Filed Emergency amendments are hereby rescinded.

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 amendments [40.25, 75.1, 75.13, 75.52(1), 75.56(1), 76.2(1), 76.3, 76.4(3), 83.2(1)] is being omitted. These amendments are identical to those published under Notice as ARC 9094A and ARC 9141A, IAB 6/16/99 and 6/30/99, respectively.

[Filed 8/11/99, effective 11/1/99]
[Published 9/8/99]

[For replacement pages for IAC, see IAC Supplement 9/8/99.]

ARC 9296A

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 239B.4 and 1999 Iowa Acts, House File 761, section 36, subsection 4, the Department of Human Services hereby amends Chapter 41, "Granting Assistance," Chapter 49, "Transitional Child Care Assistance Program," and Chapter 93, "PROMISE JOBS Program," appearing in the Iowa Administrative Code.

These amendments implement a system of seamless child care as mandated by the Seventy-eighth General Assembly in 1999 Iowa Acts, House File 761, division III. All child care assistance will be provided through the Child Care Assistance Program. The Family Investment Program child care disregard, Transitional Child Care, and PROMISE JOBS child care programs will be eliminated. The following changes will occur:

Family Investment Program (FIP)

The child care disregard for FIP applicants and participants who incur child care costs while they work is eliminated. FIP applicants and participants who are working may receive assistance with child care costs under the Child Care Assistance (CCA) program.

All employed persons in the assistance unit of a participant FIP family will be deemed eligible for CCA without regard to income, number of hours of work, waiting lists or any other eligibility criteria. However, child care providers will be subject to all CCA requirements. For example, child care providers must be aged 18 or over, be registered or licensed (or, if neither registered nor licensed, pass the required criminal and child abuse record check conducted by the Department).

Under current rules, persons whose earnings are considered in determining FIP eligibility and the amount of the grant receive a disregard from their countable earnings for verified child care expenses, not to exceed the following maximum allowable amounts: $175 per month per child, or $200 per month for a child under the age of 2, for full-time employment; and $174 per month per child, or $199 per month for a child under the age of 2, for part-time employment.

The current child care disregard is used to calculate the amount of the family's FIP grant. The family, in turn, is responsible for paying the actual expenses to the child care provider. While the allowable child care disregard may increase the family's FIP grant, the disregard is often less than actual expenses incurred by the family, resulting in an overall financial loss to the family. Under these amendments, the Child Care Assistance program may absorb the family's child care cost in its entirety. Payment is made directly to the child care provider.

EXAMPLE: Ms. A has $800 gross monthly earnings and $200 actual verified child care expenses for her 3-year-old child.

FIP Grant Calculation Under Current Rules

$800.00 gross earnings

-160.00 20% earned income deduction

$640.00

-175.00 maximum allowable child care disregard

$465.00

-232.50 50% work incentive deduction

$232.50 countable earnings

$361.00 basic FIP grant for 2 people

-232.50 countable earnings

$128.00 actual FIP grant (rounded down)

FIP Grant Calculation Under Amendments

$800.00 gross earnings

-160.00 20% earned income deduction

$640.00

- 0 child care disregard

$640.00

-320.00 50% work incentive deduction

$320.00 countable earnings

$361.00 basic FIP grant for 2 people

-320.00 countable earnings

$ 41.00 actual FIP grant

Even though Ms. A has to pay $200 for child care, her FIP grant increases by only $87 when applying the disregard. If Ms. A were receiving child care assistance, she would realize a $113 gain (the $200 she saves on her actual child care expense minus the $87 decrease in her FIP grant due to the loss of the disregard).

Under these amendments, FIP families, in most instances, will be better off financially with assistance from CCA than they are with the disregard. Also, CCA reduces the confusion that arises from differing child care eligibility criteria. The Department anticipates that FIP families will not have to pay a copayment to the child care provider.

Some FIP participants will need to secure different providers who meet the qualifications of the Child Care Assistance program. Some families (estimated at less than 100) will become ineligible for FIP when the child care disregard is eliminated. Families who are FIP-ineligible because elimination of the child care disregard increases their countable income may have their child care costs reimbursed through CCA and qualify for Medicaid and food stamp benefits, if otherwise eligible under the respective program's rules.

The legislation only eliminates the disregard for FIP and does not change other programs using the current FIP disregard. For example, the legislation does not affect Medicaid or food stamps. These programs will continue to allow the child care disregard as applicable for child care costs that clients incur directly. Refugee Cash Assistance (RCA) will eliminate the child care disregard as RCA consists of childless families with no need for the disregard.

Transitional Child Care Assistance

The Transitional Child Care (TCC) program is eliminated as the program is incorporated into the Child Care Assistance program. However, families who are on TCC before July 1, 1999, may continue to receive TCC assistance until their eligibility period ends or they otherwise cease to be eligible for TCC. No new applications will be taken or approved on or after July 1.

Most clients who would have been eligible for TCC will now be eligible for CCA. Currently, families who have received TCC are eligible for CCA if their income is below 155 percent of the federal poverty guidelines. After July 1, 1999, families who are no longer eligible for TCC will not be eligible for CCA unless their income is below 140 percent of the federal poverty guidelines. Some prior TCC families may lose eligibility for CCA at that time.

PROMISE JOBS Program

PROMISE JOBS participants will be deemed to be eligible for benefits under the state child care assistance program, notwithstanding the program's eligibility requirements or waiting lists, should the latter be implemented. Recipients are subject to provider requirements under Iowa Code chapter 237A as well as provider reimbursement methodology and rates.

Transitioning from current child care reimbursement policies under the PROMISE JOBS program to the policies in effect for the rest of the Department's child care programs will result in the following changes for PROMISE JOBS clients and child care providers.

* Under current policy, a unit of child care service is a half-day. A half-day unit is defined as up to and including five hours of service. PROMISE JOBS uses the half-day unit of payment for child care. The hours of PROMISE JOBS participation in the calendar month, or in the component if less than a month, including travel time from the child care site to the PROMISE JOBS component, are converted to cumulative half-day units. Under these amendments, a half-day unit remains defined as up to and including five hours of service but units would be calculated on a daily basis instead of monthly.

EXAMPLE: Ms. S is a full-time student with an 18-month-old daughter. She attends classes on Monday, Wednesday, and Friday from 11 a.m. to 2 p.m. and Tuesday and Thursday from 9 a.m. to 11 a.m. Including actual travel time of one hour round trip from the child care site to the training site, she has four hours of participation on three days and three hours of participation on two days. Assume a month of 30 days that begins on a Saturday and ends on a Sunday, so that it includes four normal work weeks of Monday through Friday.

Under current policy, the total hours of child care total 72 hours in this assumed month. Divide the total hours of allowable care by five to establish the number of cumulative half-day units for the calendar month or for the component. Count any balance of hours or minutes remaining when dividing by 5 as an additional half-day unit. 72 divided by 5 = 14.4 or 15 units of child care.

Under these amendments, the total hours of child care would be calculated for a 24-hour period of time instead of totaling the hours in a month or component. Ms. S attends class every day of the week but always less than 5 hours, including travel time from the child care site to the training site. 1 unit a day ? 20 days in this assumed month = 20 units. Ms. S's child care provider would be paid for one allowable unit per day or 20 units of child care for this assumed month.

* PROMISE JOBS will no longer make payment to nonregistered child care providers awaiting the results of the child abuse and criminal records check. Payment will be held until the criminal record checks and the child abuse registry checks are returned as cleared or until an evaluation is completed that gives permission for a person to provide child care services. Under current policy, PROMISE JOBS makes payment to nonregistered child care providers who declare that they have no criminal convictions or founded child abuse histories while awaiting results of the checks.

* Under current policy child care payments can be issued to participants under special circumstances. Under CCA policy child care payments will be issued to providers only.

* Under current policy retroactive child care payments can be issued to the participant if the participant had paid child care costs with private resources. Under CCA policy retroactive child care payments will not be issued to the participant.

* No provision will exist to recover child care payments to providers made in error. Currently, when a provider receives child care payments greater than allowed or a duplicate payment, an overpayment is considered to have occurred and recovery is required. Recovery occurs through repayment, in part or in full, or through offsetting against future child care payments. The Child Care Assistance program does not currently contain provisions for recovery or offsetting of child care payments but proposals are pending.

* Payment for periods of absence cannot exceed 4 days per calendar month, provided the child is regularly scheduled on those days and the provider would also charge a private individual for days of absence in the same manner. Under current policy, PROMISE JOBS can pay for periods of absence not to exceed 30 days for each absence when payment is required by a provider to maintain a child care slot, such as a semester break or periods of illness.

* Payment for mandatory fees, such as registration fees, which child care providers charge all persons who use their

services would not be authorized. Under current policy, PROMISE JOBS can authorize payment.

* Child Care Assistance can be paid to a member of the same FIP assistance unit. Under current PROMISE JOBS policy, family members who are included in the same FIP assistance unit as the child that requires care cannot be paid to provide that care. For example: household consists of mom, 16-year-old daughter and baby belonging to the 16-year-old. This household constitutes one FIP eligible group. Current policy will not allow the grandmother to be paid as a child care provider for her grandchild while the 16-year-old finishes high school.

* A provider must be 18 years of age or older to receive payment. Under current policy, PROMISE JOBS will authorize payment for child care to a provider at 14 years of age.

Consumers should benefit from a seamless child care system because of a reduction in the confusion that arises from differing eligibility criteria. By having one program, the consumer will be able to move through the systemtoward self-sufficiency using one child care system instead of the current four programs (Child Care Assistance,PROMISE JOBS child care, FIP child care disregard and Transitional Child Care). Providers should benefit from the establishment of one payment rate and methodology and the consistency of forms and pamphlets used.

The Council on Human Services adopted these amendments August 11, 1999.

These amendments were previously Adopted and Filed Emergency and published in the June 30, 1999, Iowa Administrative Bulletin as ARC 9139A. Notice of Intended Action to solicit comments on that submission was published in the June 30, 1999, Iowa Administrative Bulletin as ARC 9138A.

The following revisions were made to the Notice of Intended Action.

Subrule 41.27(2), paragraph "b," subparagraph (1), subrule 41.27(8), paragraph "a," subparagraphs (1) and (2), and subrule 41.27(8), paragraph "c," were revised to agree with revisions adopted with a September 1, 1999, effective date. (See ARC 9137A in the June 30, 1999, Iowa Administrative Bulletin.)

These amendments do not provide for waivers in specified situations because the changes are required by state legislation that does not allow for any waiver. State legislation mandated the implementation of a system of seamless child care, eliminating the Family Investment Program child care disregard and the Transitional Child Care program.

These amendments are intended to implement 1999 Iowa Acts, House File 761, division III.

These amendments shall become effective November 1, 1999, at which time the Adopted and Filed Emergency amendments are hereby rescinded.

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 amendments [41.24(10), 41.27, 41.28(1), 49.36, 93.108(2), 93.110, 93.113, 93.114, 93.132, 93.151, 93.152] is being omitted. With the exception of the changes noted above, these amendments are identical to those published under Notice as ARC 9138A, IAB 6/30/99.

[Filed 8/11/99, effective 11/1/99]
[Published 9/8/99]

[For replacement pages for IAC, see IAC Supplement 9/8/99.]

ARC 9301A

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 78, "Amount, Duration and Scope of Medical and Remedial Services," appearing in the Iowa Administrative Code.

The Council on Human Services adopted this amendment August 11, 1999. Notice of Intended Action regarding this amendment was published in the Iowa Administrative Bulletin on June 30, 1999, as ARC 9145A.

This amendment revises policy governing Medicaid payment for hearing aids as follows:

* Recipients who are 18 years of age and older are allowed to waive the requirement for medical evaluation by a physician prior to receiving a hearing aid if they sign an informed consent statement acknowledging that they have been advised that it may be in their best health interest to receive a medical evaluation from a licensed physician prior to purchase of a hearing aid.

This change is being made in response to a petition for rule making from the Iowa Association of Hearing Health Professionals and the Iowa Speech-Language-HearingAssociation. Waiver of the medical evaluation is permitted by the federal Food and Drug Administration for the general public.

* Hearing aid dealers are allowed to bill for hearing aid repairs they perform themselves. This change was requested by the Department's Audiology and Hearing Aid Advisory Group. Some hearing aid repairs can be performed by hearing aid dispensers and do not have to be sent to manufacturers.

* Form names and numbers are updated.

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

This amendment does not provide for waiver of the medical evaluation requirement in any other specified situations because the Department does not believe that a waiver is appropriate in any other situations that can be specified. The waiver provided is consistent with that allowed by the Food and Drug Administration for the general public. Persons may request a waiver in other situations pursuant to the Department's general rule on exceptions at rule 441-- 1.8(217).

This amendment does not provide for waiver of the repair allowance because it merely allows hearing aid dealers to bill for repairs they perform themselves. It does not require that any repairs be performed by dealers themselves. Dealers can still send repairs to manufacturers at their discretion.

This amendment is intended to implement Iowa Code section 249A.4.

This amendment shall become effective November 1, 1999.

The following amendment is adopted.

Amend rule 441--78.14(249A) as follows:

441--78.14(249A) Hearing aids. Payment shall be approved for a hearing aid and examinations subject to the following conditions:

78.14(1) Physician examination. The recipient shall have an examination by a physician to determine that the recipient has no condition which would contraindicate the use of a hearing aid. This report shall be made on Form MA- 2113-0, part 1 470-0361, Section A, Report of Examination for a Hearing Aid. The requirement for a physician evaluation shall be waived for recipients 18 years of age and older when the recipient has signed an informed consent statement acknowledging that the recipient:

a. Has been advised that it may be in the recipient's best health interest to receive a medical evaluation from a licensed physician prior to purchase of a hearing aid.

b. Does not wish to receive a medical evaluation prior to purchase of a hearing aid.

78.14(2) Audiological testings. Specified audiological testing shall be performed by a physician or an audiologist as a part of making a determination that a recipient could benefit from the use of a hearing aid. The audiological testing shall be reported on Form MA-2113-0, part 2 470-0361, Section B.

78.14(3) Hearing aid evaluation. A hearing aid evaluation establishing that a recipient could benefit from a hearing aid shall be made by a physician or audiologist. The hearing aid evaluation shall be reported on Form XIX-Audio-2 470-0828, Hearing Aid Evaluation/Selection Report. When a hearing aid is recommended for a recipient, the physician or audiologist recommending the hearing aid shall see the recipient at least one time within 30 days subsequent to purchase of the hearing aid to determine that the aid is adequate.

78.14(4) Hearing aid selection. A physician or audiologist may recommend a specific brand or model appropriate to the recipient's condition. When a general hearing aid recommendation is made by the physician or audiologist, a hearing aid dealer may perform the tests to determine the specific brand or model appropriate to the recipient's condition. The hearing aid selection shall be reported on Form XIX-Audio-2 470-0828, Hearing Aid Evaluation/Selection Report.

78.14(5) and 78.14(6) No change.

78.14(7) Payment for hearing aids.

a. Payment for hearing aids shall be acquisition cost plus a dispensing fee covering the fitting and service for six months. Payment will be made for routine service after the first six months. Dispensing fees and payment for routine service shall not exceed the fee schedule appropriate to the place of service.

b. Payment for ear mold and batteries shall be at the current audiologist's fee schedule.

c. Payment for repairs shall be made for the charge to the dealer for parts and labor by the manufacturer or manufacturer's depot and for a service charge when this charge is made to the general public for repairs made by the dealer. Payment for in-house repairs shall be made at the current fee schedule. Payment shall also be made to the dealer for repairs when the hearing aid is repaired by the manufacturer or manufacturer's depot. Payment for out-of-house repairs shall be at the amount shown on the manufacturer's invoice. Payment shall be allowed for a service or handling charge when it is necessary for repairs to be performed by the manufacturer or manufacturer's depot and this charge is made to the general public.

d. Payment for the replacement of a hearing aid less than four years old shall require prior approval except when the recipient is under 21 years of age. Payment shall be approved when the original hearing aid is lost or broken beyond repair or there is a significant change in the person's hearing which would require a different hearing aid. (Cross-reference 78.28(4)"a")

This rule is intended to implement Iowa Code section 249A.4.

[Filed 8/12/99, effective 11/1/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9302A

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 249A.4, 1998 Iowa Acts, chapter 1218, section 32, subsection 14, and section 80, and 1999 Iowa Acts, House File 760, section 33, subsection 13, and section 47, the Department of Human Services hereby amends Chapter 79, "Other Policies Relating to Providers of Medical and Remedial Care," and Chapter 81, "Nursing Facilities," appearing in the Iowa Administrative Code.

The Council on Human Services adopted these amendments August 11, 1999. These amendments implement two Notices of Intended Action. One set of amendments was previously Adopted and Filed Emergency and published in the June 30, 1999, Iowa Administrative Bulletin as ARC 9147A. Notice of Intended Action to solicit comments on that submission was published in the June 30, 1999, Iowa Administrative Bulletin as ARC 9146A. Notice of Intended Action regarding the other amendment was published in the Iowa Administrative Bulletin on May 5, 1999, as ARC 8936A. Amended Notice of Intended Action to provide for public comment on ARC 8936A was published in the Iowa Administrative Bulletin on June 16, 1999, as ARC 9117A.

The amendments noticed as ARC 9146A implement the following changes to the Medicaid program mandated by the General Assembly:

* All of the reimbursement rates for the following noninstitutional providers are increased by 2 percent: ambulances; area education agencies; audiologists; birth centers; certified registered nurse anesthetists; chiropractors; dentists; durable medical equipment, prosthetic devices and medical supply dealers; family planning clinics; family or pediatric nurse practitioners; genetic consultation clinics; HCBS AIDS/HIV waiver counseling, homemaker, nursing, in-home and camp respite, home-delivered meals, adult day care, and consumer-directed attendant care providers; HCBS Brain Injury waiver rates for personal emergency response, adult day care, consumer-directed attendant care, behavioral programming, family counseling and training, and prevocational services providers and reimbursement upper limits for supported community living, nonfacility respite, andsupported employment; HCBS Elderly waiver adultday care, emergency response, homemakers, nursing, in-home and camp respite, chore, home-delivered meals, nutritional counseling, senior companion, and consumer-directed attendant care providers; HCBS Ill and Handicapped waiver homemaker, adult day care, nursing, in-home and camp respite, counseling, and consumer-directed attendant care providers; HCBS MR waiver rates for personal emergency response and consumer-directed attendant care providers and reimbursement upper limits for supported community living, nonfacility respite, and supported employment providers; HCBS Physical Disability waiverconsumer-directed attendant care and personal emergency response providers; hearing aid dealers; lead inspection agencies; maternal health centers; nurse-midwives;opticians; optometrists; orthopedic shoe dealers; physical therapists; physicians; podiatrists; psychologists; rehabilitation agencies; and screening centers.

* The reimbursement rates for drug product costs shall be in accordance with federal requirements. The dispensing fee for pharmacists shall be increased by 2 percent.

* The reimbursement rate for community mental health centers is increased by 5 percent.

* Home health agency providers, including Home- and Community-Based Service (HCBS) waiver home health providers, will be paid the maximum Medicaid rate not to exceed the rate in effect on June 30, 1999, plus 2 percent.

* The reimbursement rate for skilled nursing care providers is increased by 2 percent subject to the maximum payment rate for the type of facility.

* The reimbursement rate for psychiatric medical institutions for children is increased based on per diem rates for actual costs on June 30, 1999, not to exceed a maximum of $145.74.

* The reimbursement rate for hospitals is increased by 2 percent.

* The maximum reimbursement rate for nursing facilities is increased by changing the maximum from the seventieth percentile of facility costs based on 1998 cost reports to the same percentile based on 1999 cost reports.

The Seventy-seventh General Assembly in 1998 Iowa Acts, chapter 1218, section 32, subsection 2, directed that, to the extent funds are available, the Department shall adjust the maximum medical assistance reimbursement for nursing facilities to the seventieth percentile, as calculated on December 31, 1998, unaudited compilation of cost and statistical data and the adjustment should take effect January 1, 1999. The decision has now been made that there is adequate funding in the Medicaid budget to finance the January 1, 1999, nursing facility adjustment and the maximum Medicaid nursing rate will increase from $76.69 to $81.17 retroactive to January 1, 1999.

The Seventy-eighth General Assembly in 1999 Iowa Acts, House File 760, section 33, subsection 2, directed that the maximum reimbursement rate for nursing facilities should be adjusted effective July 1, 1999. The maximum Medicaid nursing facility rate will increase from $81.17 to $85.93 effective July 1, 1999.

* All nursing facilities are required to submit a cost report. Under current policy, facilities certified for both Medicare and Medicaid were excluded from completing a Medicaid cost report. Additional reporting items regarding staffing costs are required on the cost reports to evaluate future reimbursement changes.

* Facilities without a current cost report on file with the Department as of June 30, 1999, shall continue to receive the per diem rate in effect for that facility on June 30, 1999, until the facility's costs are above that rate or until June 30, 2000, whichever is earlier.

1999 Iowa Acts, House File 760, section 33, subsection 2, also requires nursing facilities to submit the cost report and the additional documentation by June 30, 2000, to be eligible for the January 1, 2000, nursing facility adjustment, if Medicaid funding is available.

The amendment noticed as ARC 8936A revises Medicaid policy to require that a nursing facility accept Medicaid payment as payment in full effective with a resident's beginning date of eligibility.

Current Department policy now provides that a nursing facility must accept the Medicaid rate for Medicaid clients beginning with the first day of the month in which the Department issues the initial Facility Card, Form 470-0371. The Department has recently received clarification from the Health Care Financing Administration that nursing facilities must accept Medicaid payment as payment in full when the person's Medicaid eligibility begins. Thus, if Medicaid eligibility is granted retroactively, the facility must refund any payment received from the resident or family member for the period of time for which the resident was determined to be eligible.

The amendments noticed as ARC 9146A are identical to those published under Notice of Intended Action. Eight public hearings were held around the state on the amendment noticed as ARC 8936A. Three persons attended. The following revision was made to ARC 8936A in response to public comment:

Subrule 81.22(2) was revised to clarify the amount and time frame for the refund to the recipient or family member: Any refund owing shall be made no later than 15 days after the nursing facility receives the Medicaid payment for the resident.

The amendments noticed as ARC 9146A do not provide for waiver of the provider increases in any specified situations because the increases are a benefit to providers and were mandated for all these providers by the General Assembly.

The amendment noticed as ARC 8936A does not provide for waivers in specified situations because the amendment is required by federal law that does not allow for any waiver.

These amendments are intended to implement Iowa Code section 249A.4, 1998 Iowa Acts, chapter 1218, section 32, subsection 2, and 1999 Iowa Acts, House File 760, section 33, subsections 1, 2, 10, and 12.

These amendments shall become effective November 1, 1999, at which time the Adopted and Filed Emergency amendments are hereby rescinded.

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 amendments [79.1, 81.6(16), 81.6(17), 81.22(2)] is being omitted. With the exception of the change noted above, these amendments are identical to those published under Notice as ARC 8936A and ARC 9146A, IAB 5/5/99 and 6/16/99, respectively.

[Filed 8/12/99, effective 11/1/99]
[Published 9/8/99]

[For replacement pages for IAC, see IAC Supplement 9/8/99.]

ARC 9303A

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 234.6 and 1999 Iowa Acts, House File 761, section 36, subsection 4, the Department of Human Services hereby amends Chapter 130, "General Provisions," and Chapter 170, "Child Day Care Services," appearing in the Iowa Administrative Code.

These amendments implement a system of seamless child care as mandated by the Seventy-eighth General Assembly in 1999 Iowa Acts, House File 761, division III, and update income guidelines and the fees parents pay for child care services based on their monthly gross income to be consistent with the federal poverty guidelines for 1999.

Effective July 1, 1999, all child care assistance will be provided through the Child Care Assistance Program. The Family Investment Program (FIP) child care disregard, Transitional Child Care (TCC), and PROMISE JOBS child care programs will be eliminated. (See ARC 9139A, Iowa Administrative Bulletin, 6/30/99.) The seamless child care assistance program will establish one set of eligibility criteria, one set of child care provider requirements, one form of payment methodology, and one child care provider payment rate.

FIP recipients or those whose earned income was taken into account in determining the needs of FIP recipients and persons who are participating in a PROMISE JOBS-approved activity are automatically eligible for child care assistance.

These amendments establish the following exceptions to the child care assistance program policies specific to FIP, TCC, and PROMISE JOBS recipients and update terminology, form names and numbers, and references:

* Recipients of FIP or those whose earned income was taken into account in determining the needs of family investment recipients will be deemed eligible notwithstanding eligibility requirements or waiting lists for child care. If FIP eligibility terminates, child care assistance shall be redetermined according to child care assistance eligibility requirements within 30 days. If the FIP family is placed on suspension, the family shall continue to receive child care assistance until their FIP has been canceled.

* If a FIP recipient or one whose earned income was taken into account in determining the needs of the FIP recipient is excluded from FIP due to receiving Supplemental Security Income (SSI), the income received from the SSI recipient is excluded in determining gross income. The income of a child who would be in the FIP eligible group except for the receipt of SSI is also excluded.

* Persons who are recipients of TCC as of June 30, 1999, will continue receiving child care until their 24-month period of eligibility expires or they otherwise do not meet eligibility requirements for the TCC program. When they lose TCC eligibility, they will need to meet child care assistance income eligibility guidelines, set at 140 percent of the federal poverty guidelines, to continue to receive child care assistance. Under current policy, former TCC recipients were eligible with incomes of up to 155 percent of the federal poverty guidelines. Therefore, some former TCC recipients currently receiving child care assistance may lose child care assistance eligibility when these amendments become effective on July 1, 1999.

* Children who are part of the FIP household who are 13 years of age and older may be eligible for child care assistance benefits if there are special circumstances surrounding the child in need of child care. The child's parent or guardian shall submit a request for an exception to the supervisor of the county Department of Human Services office.

* Child care provided while the parent participates in postsecondary education or vocational training is limited to a 24-month lifetime limit. Child care paid while the person is participating in PROMISE JOBS components in postsecondary education or training count toward the 24-month lifetime limit.

* Child care assistance clients do not get child care assistance during the hours that they study while they are attending academic or vocational training. Child care assistance may be paid for study time for PROMISE JOBS recipients if approved by the PROMISE JOBS worker.

* FIP clients are currently entitled to a child care deduction for costs incurred while they are sleeping if their work hours are during normal sleep hours. Child care assistance does not provide for this type of child care.

* Child care assistance clients are allowed a maximum of 30 days of child care assistance in a 12-month period if they are looking for a job. PROMISE JOBS participants may be allowed additional hours if approved by their PROMISE JOBS worker.

The Council on Human Services adopted these amendments August 11, 1999.

These amendments were previously Adopted and Filed Emergency and published in the June 30, 1999, Iowa Administrative Bulletin as ARC 9150A. Notice of Intended Action to solicit comments on that submission was published in the June 30, 1999, Iowa Administrative Bulletin as ARC 9149A.

These amendments are identical to those published under Notice of Intended Action.

These amendments do not provide for any waiver of the seamless child care system. The General Assembly mandated seamless child care for all recipients. These amendments do provide numerous waivers to current program requirements specific to Family Investment Program, Transitional Child Care, and PROMISE JOBS recipients. No waiver is appropriate for the amendments updating terminology, forms, names, and numbers.

These amendments are intended to implement Iowa Code section 234.6 and 1999 Iowa Acts, House File 761, division III, and House File 760, section 12, subsection 2.

These amendments shall become effective November 1, 1999, at which time the Adopted and Filed Emergency rules are hereby rescinded.

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 amendments [130.2 to 130.5, 170.1 to 170.4, 170.8] is being omitted. These amendments are identical to those published under Notice as ARC 9149A, IAB 6/30/99.

[Filed 8/12/99, effective 11/1/99]
[Published 9/8/99]

[For replacement pages for IAC, see IAC Supplement 9/8/99.]

ARC 9304A

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 234.6 and 1999 Iowa Acts, House File 760, section 33, subsection 13, and section 47, the Department of Human Services hereby amends Chapter 150, "Purchase of Service," and Chapter 185, "Rehabilitative Treatment Services," appearing in the Iowa Administrative Code.

These amendments implement revisions in purchase of service and rehabilitative treatment service reimbursement rates mandated by the Seventy-eighth General Assembly. These revisions increase the maximum daily reimbursement rate for shelter care from $78.14 to $79.70 and the maximum reimbursement rate for adoption and independent living services by 2 percent over the rates in effect on June 30, 1999. In addition, these amendments provide for a 2 percent across-the-board increase for rehabilitative treatment service providers.

1999 Iowa Acts, House File 760, section 33, subsection 8, allocated $2,652,296 to provide for a reimbursement increase to rehabilitative treatment and support service providers. The Department decided to provide the 2 percent across-the-board increase rather than negotiate rate increases with all rehabilitative treatment service providers.

These amendments were previously Adopted and Filed Emergency and published in the June 30, 1999, Iowa Administrative Bulletin as ARC 9152A. Notice of Intended Action to solicit comments on that submission was published in the June 30, 1999, Iowa Administrative Bulletin as ARC 9151A.

These amendments are identical to those published under Notice of Intended Action.

These amendments do not provide for waivers in specified situations because these amendments are merely implementing state legislation that confers a benefit on providers by granting an increase in rates effective July 1, 1999.

The Council on Human Services adopted these amendments August 11, 1999.

These amendments are intended to implement Iowa Code sections 234.6 and 234.38 and 1999 Iowa Acts, House File 760, section 33, subsections 6, 8, and 9.

These amendments shall become effective November 1, 1999, at which time the Adopted and Filed Emergency amendments are hereby rescinded.

The following amendments are adopted.

ITEM 1. Amend subrule 150.3(5), paragraph "p," as follows:

Amend subparagraph (1) as follows:

(1) Unless otherwise provided for in 441--Chapter 156, rates for shelter care shall not exceed $78.14 $79.70 per day based on a 365-day year.

Amend subparagraph (2), introductory paragraph and numbered paragraph "1," first paragraph, as follows:

(2) For the fiscal year beginning July 1, 1998 1999, the maximum reimbursement rates for services provided under a purchase of social service agency contract (adoption; local purchase services including adult day care, adult support, adult residential, community supervised apartment living arrangement, sheltered work, work activity, and transportation; shelter care; family planning; and independent living) shall be the same as the rates in effect on June 30, 1998 1999, except under any of the following circumstances:

1. If a new service was added after June 30, 1998 1999, the initial reimbursement rate for the service shall be based upon actual and allowable costs. A new service does not include a new building or location or other changes in method of service delivery for a service currently provided under the contract.

Further amend subparagraph (2), numbered paragraphs "3" and "5," as follows:

3. For the fiscal year beginning July 1, 1998 1999, the combined service and maintenance reimbursement rate paid to a shelter care provider shall be based on the financial and statistical report submitted to the department. The maximum reimbursement rate shall be $78.14 $79.70 per day. If the department reimburses the provider at less than the maximum rate, but the provider's cost report justifies a rate of at least $78.14 $79.70, the department shall readjust the provider's reimbursement rate to the actual and allowable cost plus the inflation factor or $78.14 $79.70, whichever is less.

5. For the fiscal year beginning July 1, 1998 1999, the purchase of service reimbursement rate for adoption and independent living services shall be increased by 2 percent of the rates in effect on June 30, 1998 1999.

Further amend subparagraph (2) by rescinding and reserving numbered paragraph "4."

ITEM 2. Amend the implementation clause following 441--Chapter 150, Division I, to read as follows:

These rules are intended to implement Iowa Code section 234.6 and 1997 Iowa Acts, House File 715, section 23 and section 28, subsections 5 and 7 1999 Iowa Acts, House File 760, section 33, subsections 6, 8, and 9.

ITEM 3. Amend subrule 150.22(7), paragraph "p," as follows:

Amend subparagraph (1), introductory paragraph and numbered paragraph "1," first paragraph, as follows:

(1) For the fiscal year beginning July 1, 1998 1999, the maximum reimbursement rates for local purchase services, including adult day care, adult support, adult residential, community supervised apartment living arrangement, sheltered work, work activity, and transportation shall be the same as the rates in effect on June 30, 1998 1999, except under any of the following circumstances:

1. If a new service was added after June 30, 1998 1999, the initial reimbursement rate for the service shall be based upon actual and allowable costs. A new service does not include a new building or location or other changes in method of service delivery for a service currently provided under the contract.

Rescind and reserve subparagraph (2).

ITEM 4. Amend the implementation clause following 441--Chapter 150, Division II, to read as follows:

These rules are intended to implement Iowa Code section 234.6 and 1997 Iowa Acts, House File 702, section 21 1999 Iowa Acts, House File 760, section 33, subsection 6.

ITEM 5. Amend rule 441--185.101(234) by adopting the following new definition in alphabetical order:

"Across-the-board increase" means a uniform percentage or fixed dollar increase of those rates established by nonexceptional means.

ITEM 6. Amend rule 441--185.112(234) as follows:

Amend the introductory paragraph as follows:

441--185.112(234) Interim determination of rates. Rules 441--185.102(234) to 441--185.107(234), 185.109(234) and 185.110(234) shall be held in abeyance for purposes of establishing rates effective during the time period beginning January 1, 1998, to June 30, 2000, unless otherwise provided for in these rules. Rates for a service to be effective on or after February 1, 1998, shall be established based on the payment rate negotiated between the provider and the department. This negotiated rate shall be based upon the historical and future reasonable and necessary cost of providing that service, other payment-related factors and availability of funding. Negotiated rates may be increased without negotiation if funds are appropriated for an across-the-board increase. A rate in effect as of December 31, 1997, shall continue in effect until a negotiated rate is established in accordance with the requirements of subrules 185.112(1) to 185.112(3), subrule 185.112(6), or subrule 185.112(12) or until the service is terminated in accordance with subrule 185.112(4).

Amend subrule 185.112(1), paragraph "k," by adopting the following new subparagraph (3):

(3) When funds are appropriated for an across-the-board increase. Effective July 1, 1999, a 2 percent across-the-board increase will be applied.

[Filed 8/12/99, effective 11/1/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9305A

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 234.6 and 1999 Iowa Acts, House File 760, section 33, subsection 13, and section 47, the Department of Human Services hereby amends Chapter 156, "Payments for Foster Care and Foster Parent Training," and Chapter 201, "Subsidized Adoptions," appearing in the Iowa Administrative Code.

These amendments implement the increases to fosterfamily homes and adoptive homes mandated by theSeventy-eighth General Assembly.

The daily foster family care and adoption payment rates are increased as follows: for a child aged 0 through 5 from $13.45 to $13.79, for a child aged 6 through 11 from $14.25 to $14.54, for a child aged 12 through 15 from $15.96 to $16.28, and for a child aged 16 and over from $15.96 to $16.32.

The maximum foster family basic monthly maintenance rate and the maximum adoption subsidy rate for children remain at 70 percent of the United States Department of Agriculture's estimate of the cost to raise a child in the Midwest with a cost-of-living increase added for Fiscal Year 2000.

The Council on Human Services adopted these amendments August 11, 1999.

These amendments were previously Adopted and Filed Emergency and published in the June 30, 1999, Iowa Administrative Bulletin as ARC 9154A. Notice of Intended Action to solicit comments on that submission was published in the June 30, 1999, Iowa Administrative Bulletin as ARC 9153A.

These amendments are identical to those published under Notice of Intended Action.

These amendments do not provide for waiver of the increases in any specified situations because the rates are mandated by statutory directive in 1999 Iowa Acts, House File 760, section 33, subsection 5.

These amendments are intended to implement Iowa Code section 234.6 and 1999 Iowa Acts, House File 760, section 33, subsection 5.

These amendments shall become effective November 1, 1999, at which time the Adopted and Filed Emergency amendments are hereby rescinded.

The following amendments are adopted.

ITEM 1. Amend rule 441--156.6(234) as follows:

Amend subrule 156.6(1) as follows:

156.6(1) Basic rate. A monthly payment for care in a foster family home licensed in Iowa shall be made to the foster family based on the following schedule:

Age of child
Daily rate
0 through 5
$13.45 $13.79
6 through 11
14.25 14.54
12 through 15
15.96 16.28
16 and over
15.96 16.32
Further amend rule 441--156.6(234), implementation clause, to read as follows:

This rule is intended to implement Iowa Code section 234.38 and 1998 Iowa Acts, Senate File 2410, section 32, subsection 4 1999 Iowa Acts, House File 760, section 33, subsection 5.

ITEM 2. Amend 441--Chapter 201, implementation clause, to read as follows:

These rules are intended to implement Iowa Code sections 600.17 to 600.21 and 600.23; and 1998 Iowa Acts, Senate File 2410, section 32, subsection 4 1999 Iowa Acts, House File 760, section 33, subsection 5.

[Filed 8/12/99, effective 11/1/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9306A

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 234.6, the Department of Human Services hereby amends Chapter 158, "Foster Home Insurance Fund," appearing in the Iowa Administrative Code.

The Council on Human Services adopted these amendments August 11, 1999. Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on June 16, 1999, as ARC 9118A.

These amendments align existing rules for thefoster home insurance fund with legislation passed by the Seventy-eighth General Assembly. 1999 Iowa Acts, House File 311, makes the following changes in operation of the foster home insurance fund effective July 1, 1999:

* Coverage is changed from a depreciated cost basis to a replacement cost basis.

* The insurance fund is changed from the payor of last resort to the payor of first resort.

* The deductible is changed from $75 per claim based on a single occurrence to $100 for all claims arising out of one or more occurrences during a fiscal year.

In addition, coverage is transitioned from a calendar-year basis to a fiscal-year basis effective April 26, 1999.

These amendments are identical to those published under Notice of Intended Action.

These amendments do not provide for waivers in specified situations because individuals may request a waiver of insurance premium payment limits under the Department's general rule on exceptions at rule 441--1.8(217).

These amendments are intended to implement Iowa Code section 237.13 as amended by 1999 Iowa Acts, House File 311.

These amendments shall become effective November 1, 1999.

The following amendments are adopted.

ITEM 1. Amend subrule 158.1(1), paragraph "b," as follows:

b. Reimbursement Compensation to licensed foster families for property damage, at replacement cost, or medical care for bodily injury, as a result of the activities of the family foster care child.

ITEM 2. Amend rule 441--158.2(237) as follows:

441--158.2(237) Payment limits. The fund is not liable if there is another source of compensation, including the child's own funds. The fund is not liable for the first $75 of any claim based on a single occurrence $100 for all claims arising out of one or more occurrences during a fiscal year related to a single foster home. Claims may not be aggregated or accumulated to avoid payment of the deductible. The fund is not liable for claims in excess of $300,000 for a single foster home or ward for all claims based on one or more occurrences during a calendar fiscal year related to a single home.

[Filed 8/12/99, effective 11/1/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9307A

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 234.6, the Department of Human Services hereby rescinds Chapter 164, "Foster Care Project Grants," appearing in the Iowa Administrative Code.

The Council on Human Services adopted this amendment August 11, 1999. Notice of Intended Action regarding this amendment was published in the Iowa Administrative Bulletin on June 30, 1999, as ARC 9155A.

This amendment rescinds the chapter on foster care project grants as it is no longer used.

The Foster Care Project Grants Program was designed to provide services to prevent out-of-state placements or to assist children aged 16 and over in making the transition from foster care to independence. The services which were provided by this grants program have been shuffled into other programs within the Department such as independent living.

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

This amendment does not provide for waiver in specified situations because this amendment does nothing more than remove obsolete policy.

This amendment is intended to implement Iowa Code section 234.6.

This amendment shall become effective November 1, 1999.

The following amendment is adopted.

Rescind and reserve 441--Chapter 164.

[Filed 8/12/99, effective 11/1/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9308A

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 217.6 and 1999 Iowa Acts, Senate File 439, section 17, the Department of Human Services hereby amends Chapter 169, "Funding for Empowerment Areas," appearing in the Iowa Administrative Code.

These amendments revise policy governing child care funding for empowerment areas. Under current policy, community empowerment areas must be eligible to receive a school ready children grant to receive an early childhood programs grant. These amendments allow designated empowerment boards to access early childhood moneys without receiving school ready funding as mandated by the Seventy-eighth General Assembly in 1999 Iowa Acts, Senate File 439, section 14.

These amendments also provide that if a community empowerment board's request for official designation is received by the Iowa Empowerment Board on or after September 1, 1999, the maximum funding amount shall be prorated for the fiscal year and rounded up to the nearest full month upon designation as mandated in 1999 Iowa Acts, Senate File 439, section 17. Areas which received designation in January 1999 and areas requesting designation on or before August 31, 1999, are eligible to receive the maximum funding for the fiscal year beginning July 1, 1999, upon submission and approval of their request.

In addition, the list of entities which can be designated as fiscal agents by the community empowerment boards is expanded to include community action agencies and nonprofit corporations.

The Council on Human Services adopted these amendments August 11, 1999.

These amendments were previously Adopted and Filed Emergency and published in the June 30, 1999, Iowa Administrative Bulletin as ARC 9157A. Notice of Intended Action to solicit comments on that submission was published in the June 30, 1999, Iowa Administrative Bulletin as ARC 9156A.

These amendments are identical to those published under Notice of Intended Action.

These amendments do not provide for waivers in specified situations because these amendments are required by state legislation that does not allow for any waivers.

These amendments are intended to implement 1999 Iowa Acts, Senate File 439, section 17, and Iowa Code section 7I.8(3) as amended by 1999 Iowa Acts, Senate File 439, section 14.

These amendments shall become effective November 1, 1999, at which time the Adopted and Filed Emergency rules are hereby rescinded.

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 amendments [Ch 169 preamble, 169.1, 169.3(1), 169.4, 169.5(1), 169.9] is being omitted. These amendments are identical to those published under Notice as ARC 9156A, IAB 6/30/99.

[Filed 8/12/99, effective 11/1/99]
[Published 9/8/99]

[For replacement pages for IAC, see IAC Supplement 9/8/99.]

ARC 9309A

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Pursuant to the authority of Iowa Code section 234.6, the Department of Human Services hereby amends Chapter 202, "Foster Care Services," appearing in the Iowa Administrative Code.

The Council on Human Services adopted these amendments August 11, 1999. Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on June 30, 1999, as ARC 9158A.

These amendments revise the Department's criteria for issuing approval of need for psychiatric medical institutions for children and policy for regional group foster care budget targets to conform with legislative changes.

Prior to passage of 1999 Iowa Acts, Senate File 194 and House File 741, only the Joint Commission on the Accreditation of Health Care Organizations was recognized as an accrediting and licensing body for psychiatric medical institutions for children (PMIC). Senate File 194 expanded the accrediting and licensing bodies, adding the Commission on Accreditation of Rehabilitation Facilities, the Council on Accreditation of Services for Families and Children, and any other federally recognized accrediting organization with comparable standards.

House File 741 limits to 430 the total number of PMIC beds for which the Department can give approval of need for services reimbursed by Medicaid. Prior law limited the total number to 360 plus the number of beds specialized to provide substance abuse treatment. The 430 beds include the number of beds for substance abuse treatment.

These amendments provide that applicants for departmental approval of need as a PMIC shall submit a description of the applicant's plan, including the timeline for achieving accreditation to provide psychiatric services, from a federally recognized accrediting organization under the organization's standards for residential settings and licensure as a psychiatric medical institution for children, or a copy of the report if already accredited.

The rule regarding the regional budget target for children in group care is revised to remove the reference to specific amounts appropriated each year and the specific formula for calculating regional group foster care budget targets. The Department and the judicial branch are required to jointly develop a formula for allocating the group care appropriation among the departmental regions. The formula shall be based on proportional child population, proportional group foster care usage in the previous five completed fiscal years, and other indicators of need.

These amendments are identical to those published under Notice of Intended Action.

These amendments do not provide for waivers of the Department's criteria for issuing approval of need for psychiatric medical institutions for children, of approved accrediting bodies, or of the total number of PMIC beds in specified situations because these amendments are the result of changes in state legislation. These amendments do not provide for waivers of the formula for calculating regional group foster care budget targets in specified situations because this formula is developed by the Department and the judicial branch and is not under the sole control of the Department. Funding may be transferred between regions if one region will not use all of its funding.

These amendments are intended to implement Iowa Code sections 135H.6 and 232.143.

These amendments shall become effective November 1, 1999.

The following amendments are adopted.

ITEM 1. Amend rule 441--202.16(135H) as follows:

Amend subrule 202.16(1), paragraph "e," as follows:

e. A description of the applicant's plan, including the timeline for achieving accreditation to provide psychiatric services from the joint commission on the accreditation of health care organizations a federally recognized accrediting organization under the commission's organization's standards for residential settings and licensure as a psychiatric medical institution for children, or a copy of the commission's organization's report if already accredited.

Amend subrule 202.16(2), paragraph "b," as follows:

b. The steps the facility has taken towards achieving accreditation from the joint commission on accreditation of health care organizations a federally recognized accrediting organization and licensure as a psychiatric medical institution for children.

Amend the implementation clause following rule 441--202.16(234) to read as follows:

This rule is intended to implement Iowa Code section 135H.6, subsection 5.

ITEM 2. Amend rule 441--202.17(232) as follows:

Amend subrule 202.17(1) as follows:

202.17(1) Regional target figure. A group care budget target figure shall be established for each departmental region which shall be based on the annual statewide group care appropriation established by the general assembly.

a. The department and the judicial branch shall jointly develop a formula for allocating the group care appropriation among the departmental regions. The formula shall be based on:

(1) Proportional child population.

(2) Proportional group foster care usage in the previous five completed fiscal years.

(3) Other indicators of need.

a b. The fiscal year 1999 state appropriation maximum for group care is $30,923,872. $1,392,457 Any portion of the group care appropriation is allocated as the state matching funding for 50 highly structured juvenile program beds. If the 50 beds provided for in this paragraph are and not used, the remaining funds allocated may be used for group care.

b. Each region's portion of the group care appropriation shall be based on the following formula: 70 percent of the regional appropriation shall be based on the region's portion of children aged 5 through 17, according to the 1995 Woods and Poole population estimates; 15 percent shall be based on the region's portion of the average monthly group care population, excluding unaccompanied refugee minors, for fiscal years 1993 to 1997; 10 percent shall be based on the region's portion of children at risk due to urban density, according to the 1995 Woods and Poole population estimates of the number of children residing in areas with population in excess of 47,000; and 5 percent shall be based on the region's portion of child poverty, according to the number of persons eligible for Medicaid in 1994 and the number of children receiving subsidized meals in 1993 to 1994 in proportion to the region's total child population.

c. to e. No change.

Amend the implementation clause following rule 441--202.17(232) to read as follows:

This rule is intended to implement Iowa Code section 232.143. and 1998 Iowa Acts, Senate File 2410, section 15, subsection 2, paragraphs "a," "b," "d," and "e."

[Filed 8/12/99, effective 11/1/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9344A

INSURANCE DIVISION[191]

Adopted and Filed

Pursuant to the authority of Iowa Code section 505.82, the Insurance Division rescinds Chapter 43, "Annuity Mortality Tables for Use in Determining Reserve Liabilities for Annuities," Iowa Administrative Code, and adopts a new Chapter 43 with the same title.

Notice of Intended Action was published in the Iowa Administrative Code on July 14, 1999, as ARC 9204A. No public hearing was requested or held. Public comment was favorable to the new chapter.

The new Chapter 43 adopts the National Association of Insurance Commissioners (NAIC) revised model regulation which recognizes updated mortality tables for the properreserving for annuities. The two new tables that are being recognized are the 1994 Group Annuity Reserving Table (GAR) and the Annuity 2000 Mortality Table. The new chapter also gives guidance to insurers as to how these new mortality tables are to be used.

These rules will become effective on October 13, 1999.

These rules are intended to implement Iowa Code sections 508.36(3)"a"(1) and 508.36(3)"a"(3)(c).

The following amendment is adopted.

Rescind 191--Chapter 43 and adopt the following new chapter:

CHAPTER 43
ANNUITY MORTALITY TABLES
FOR USE IN DETERMINING RESERVE LIABILITIES FOR ANNUITIES

191--43.1(508) Purpose. The purpose of this chapter is to recognize the following mortality tables for use in determining the minimum standard of valuation for annuity and pure endowment contracts: the 1983 Table "a" and 1983 Group Annuity Mortality (1983 GAM) Table, the Annuity 2000 Mortality Table, and the 1994 Group Annuity Reserving (1994 GAR) Table.

191--43.2(508) Definitions. For purposes of this chapter, the following definitions shall apply:

"1983 GAM Table" means that mortality table developed by the Society of Actuaries Committee on Annuities and adopted as a recognized mortality table for annuities in December 1983 by the National Association of Insurance Commissioners.

"1983 Table `a'" means that mortality table developed by the Society of Actuaries Committee to Recommend a New Mortality Basis for Individual Annuity Valuation and adopted as a recognized mortality table for annuities in June 1982 by the National Association of Insurance Commissioners.

"1994 GAR Table" means that mortality table developed by the Society of Actuaries Group Annuity Valuation Table Task Force and shown on pages 866 and 867 of Volume XLVII of the Transactions of the Society of Actuaries (1995). The 1994 GAR Table was adopted as a recognized mortality table for annuities in December 1996 by the National Association of Insurance Commissioners.

"Annuity 2000 Mortality Table" means that mortality table developed by the Society of Actuaries Committee on Life Insurance Research and shown on page 240 of Volume XLVII of the Transactions of the Society of Actuaries (1995). The Annuity 2000 Mortality Table was adopted as a recognized mortality table for annuities in December 1996 by the National Association of Insurance Commissioners.

191--43.3(508) Individual annuity or pure endowment contracts.

43.3(1) Except as provided in subrules 43.3(2) and 43.3(3), the 1983 Table "a" is recognized and approved as an individual annuity mortality table for valuation and, at the option of the company, may be used for purposes of determining the minimum standard of valuation for any individual annuity or pure endowment contract issued on or after January 1, 1980.

43.3(2) Except as provided in subrule 43.3(3), either the 1983 Table "a" or the Annuity 2000 Mortality Table shall be used for determining the minimum standard of valuation for any individual annuity or pure endowment contract issued on or after December 30, 1985.

43.3(3) Except as provided in subrule 43.3(4), the Annuity 2000 Mortality Table shall be used for determining the minimum standard of valuation for any individual annuity or pure endowment contract issued on or after January 1, 2000.

43.3(4) The 1983 Table "a" without projection is to be used for determining the minimum standard of valuation for an individual annuity or pure endowment contract issued on or after January 1, 2000, solely when the contract is based on life contingencies and is issued to fund periodic benefits arising from:

1. Settlements of various forms of claims pertaining to court settlements or out-of-court settlements from tort actions;

2. Settlements involving similar actions such as workers' compensation claims; or

3. Settlements of long-term disability claims where a temporary or life annuity has been used in lieu of continuing disability payments.

191--43.4(508) Group annuity or pure endowment contracts.

43.4(1) Except as provided in subrules 43.4(2) and 43.4(3), the 1983 GAM Table, the 1983 Table "a" and the 1994 GAR Table are recognized and approved as group annuity mortality tables for valuation and, at the option of the company, any one table may be used for purposes of valuation for any annuity or pure endowment purchased on or after January 1, 1980, under a group annuity or pure endowment contract.

43.4(2) Except as provided in subrule 43.4(3), either the 1983 GAM Table or the 1994 GAR Table shall be used for determining the minimum standard of valuation for any annuity or pure endowment purchased on or after December 30, 1985, under a group annuity or pure endowment contract.

43.4(3) The 1994 GAR Table shall be used for determining the minimum standard of valuation for any annuity or pure endowment purchased on or after January 1, 2000, under a group annuity or pure endowment contract.

191--43.5(508) Application of the 1994 GAR table. In using the 1994 GAR Table, the mortality rate for a person aged x in year (1994 + n) is calculated as follows:

qx 1994+n = qx1994 (1 - AAx ) n

where the qx1994 and AAxs are as specified in the 1994 GAR Table.

191--43.6(508) Separability. If any provision of this rule or the application thereof to any person or circumstances is for any reason held to be invalid, the remainder of the rule and the application of such provision to other persons or circumstances shall not be affected thereby.

These rules are intended to implement Iowa Code sections 508.36(3)"a"(1) and 508.36(3)"a"(3)(c).

[Filed 8/20/99, effective 10/13/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9329A

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 40, "Boating Speed and Distance Zoning," Iowa Administrative Code.

This amendment establishes a speed and distance zone on the Mississippi River at McGregor in Clayton County between mile markers 634 and 633.4. The City of McGregor is requesting this amendment in an effort to provide better shoreline and facility protection from wave action, and increased water safety for the recreating public.

Notice of Intended Action was published in the Iowa Administrative Bulletin on June 30, 1999, as ARC 9171A. Written comments were received from McGregor area residents and dock owners supporting the amendment. No comments were received at the public hearing held July 22, 1999. No changes were made from the Notice of Intended Action.

This amendment is intended to implement Iowa Code section 462A.26.

This amendment will become effective October 13, 1999.

The following amendment is adopted.

Amend 571--Chapter 40 by adopting the following new rule:

571--40.47(462A) Zoning of the Mississippi River, McGregor, Clayton County.

40.47(1) All vessels, except commercial barge traffic, shall be operated at a no-wake speed within the area of river mile markers 634 and 633.4 and designated by buoys or other approved uniform waterway markers.

40.47(2) The city of McGregor will designate the no-wake zone with buoys approved by the natural resource commission.

[Filed 8/20/99, effective 10/13/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9332A

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 61, "State Parks and Recreation Areas," Iowa Administrative Code.

These amendments accomplish the following:

1. Amend the wet or dry storage fees for boats.

2. Set the number of days persons may camp in the campground at Lake Manawa State Park, Pottawattamie County.

Notice of Intended Action was published in the Iowa Administrative Bulletin on June 30, 1999, as ARC 9173A. No public comments were received. One change from the Notice of Intended Action was made based upon staff review. The number of days that people will be allowed to camp in the Lake Manawa Campground during a 30-day period was clarified.

These amendments are intended to implement Iowa Code sections 461A.3, 461A.49, 461A.51, and 461A.57.

These amendments will become effective October 13, 1999.

The following amendments are adopted.

ITEM 1. Amend subrule 61.3(5), paragraph "a," as follows:

61.3(5) Miscellaneous fees. This fee does not include tax.

Maximum Fee

a. Vessel storage space (wet or dry)

(1) Pontoon boats-eight months or less $125 $150

eight months or less (new docks) $200

year-round $175 $200

year-round (new docks) $250

(2) Other boats-eight months or less $100 $125

eight months or less (new docks) $150

year-round $150

year-round (new docks) $200

ITEM 2. Amend 571--61.6(461A) by adopting the following new subrule:

61.6(11) Lake Manawa State Park, Pottawattamie County. Except for the following campground length of stay limitations, campsite use restrictions as stated in 61.5(10) shall apply to Lake Manawa.

Registration can be for more than 1 day at a time but not for more than 14 consecutive days. No person may camp at the Lake Manawa campground for more than 14 days in any 30-day period.

[Filed 8/20/99, effective 10/13/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9330A

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 71, "Nursery Stock Sale to the Public," Iowa Administrative Code.

These amendments address recent legislation which provides that funding for five full-time employees for the Forestry Division be funded by a $0.05 charge for each conifer seedling sold from the state forest nursery and a $0.10 charge for each shrub or hardwood seedling sold. In order to meet this charge and raise sufficient additional income to operate the state forest nursery, it is necessary to raise seedling prices.

Notice of Intended Action was published in the Iowa Administrative Bulletin on June 2, 1999, as ARC 9081A. These amendments were simultaneously Adopted and Filed Emergency as ARC 9082A. No public comments were received during the public comment period or at the public hearing. These amendments are unchanged from the Notice of Intended Action.

These amendments are intended to implement Iowa Code sections 456A.20 and 461A.2.

These amendments will become effective October 13, 1999, at which time the Adopted and Filed Emergency amendments are hereby rescinded.

The following amendments are adopted.

ITEM 1. Amend subrule 71.3(1) as follows:

71.3(1) Prices for hardwoods and shrubs shall be as follows:

a. Walnut, white oak and red oak, 10" to 16"--$24 per hundred plants.

b. Walnut, white oak and red oak, 17" and greater--$26 per hundred plants.

c. Other hardwoods and shrubs, 10" to 16"--$23 per hundred plants.

d. Other hardwoods and shrubs, 17" and greater--$25 per hundred plants.

a. Hardwoods and shrubs, 17" and larger--$40 per hundred plants.

b. Hardwoods and shrubs, 10" to 16"--$35 per hundred plants.

ITEM 2. Amend subrule 71.3(2) as follows:

71.3(2) Prices for conifers shall be $15 $20 per hundred plants.

ITEM 3. Amend subrule 71.3(3) as follows:

71.3(3) Prices for wildlife packets shall be $45 $65 each.

ITEM 4. Amend subrule 71.3(4) as follows:

71.3(4) Prices for songbird packets shall be $15 $20 each.

[Filed 8/20/99, effective 10/13/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9320A

NURSING BOARD[655]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 17A.3 and 147.76, the Board of Nursing hereby adopts amendments to Chapter 3, "Licensure to Practice--Registered Nurse/Licensed Practical Nurse," Iowa Administrative Code.

These amendments increase licensure fees, place a limit on fees charged for licensure reinstatement and eliminate refunding overpayment of fees if less than $10.

These amendments were published in the Iowa Administrative Bulletin on June 30, 1999, as ARC 9175A. These amendments are identical to those published under Notice of Intended Action.

These amendments will become effective October 13, 1999.

These amendments are intended to implement Iowa Code sections 147.10, 147.11, 147.25, 147.29 and 147.80.

The following amendments are proposed.

ITEM 1. Amend rule 655--3.1(17A,147,152,272C), definition of "Fees," numbered paragraphs "1" to "7," "9," "10" and "13," as follows:

1. For the original license based on the registered nurse examination, $60 75.

2. For the original license based on the practical nurse examination, $55 75.

3. For a registered nurse/licensed practical nurse license by endorsement, $78 101.

4. For a certified statement that a registered nurse/licensed practical nurse is licensed in this state or registered as an advanced registered nurse practitioner, $12 25.

5. For reactivation of a license to practice as a registered nurse/licensed practical nurse, based on $21 27 per year, or any portion thereof, totals $63 81 for a license lasting more than 24 months up to 36 months.

6. For the renewal of a license to practice as a registered nurse/licensed practical nurse, $63 81 for a three-year period.

7. For a duplicate or reissued license/original certificate to practice as a registered nurse/licensed practical nurse, or registration card/original certification to practice as an advanced registered nurse practitioner, $15 20.

9. For a registered nurse/licensed practical nurse delinquent license fee, $100, plus all renewal fees to date due, the total back renewal fees shall not exceed $250.

10. For a check returned for any reason, $10 15. Iflicensure/registration had been issued by the board office based on a check for the payment of fees and the check is later returned by the bank, the board shall request payment by certified check or money order. If the fees are not paid within two weeks of notification by certified mail of the returned check, the license/registration is no longer in effect. The licensee's status returns to what it would have been had this license/registration not been issued.

13. For a certified copy of an original document, $15 20.

ITEM 2. Amend rule 655--3.1(17A,147,152,272C) by adopting the following new definition in alphabetical order:

Overpayment. Overpayment means any overpayment of fees less than $10 received by the board that shall not be refunded.

[Filed 8/17/99, effective 10/13/99]

[Published 9/8/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/8/99.

ARC 9299A

PERSONNEL DEPARTMENT[581]

Adopted and Filed

Pursuant to the authority of Iowa Code section 19A.9, the Department of Personnel amends Chapter 1, "Definitions"; Chapter 3, "Job Classification"; Chapter 4, "Pay"; Chapter 5, "Recruitment, Application and Examination"; Chapter 8, "Appointments"; Chapter 9, "Probationary Period"; Chapter 12, "Grievances and Appeals"; Chapter 14, "Leave"; Chapter 17, "Public Records and Fair Information Practices"; and Chapter 19, "General Administration," Iowa Administrative Code.

These amendments update former personnel rules to make them conform with the law and current personnel practice.

Notice of Intended Action was published in the Iowa Administrative Bulletin on June 16, 1999, as ARC 9104A. Two public comments were received on these amendments and a public hearing was held on July 13, 1999. One change was made to the Notice of Intended Action as follows: In rule 581--1.1(19A), the words "two or more" were added to the definition of "supervision" in order to make the definition conform with the definition found in the Fair Labor Standards Act.

The amendments were approved by the Director on August 12, 1999.

The amendments will become effective on October 13, 1999.

The amendments are intended to implement Iowa Code chapter 19A.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of amendments [1.1, 3.1(2), 3.7, 4.5, 4.6(12), 4.8(1), 4.9(5), 5.5(2), 8.5, 9.2 to 9.7, 12.2(6), 14.2 to 14.5, 14.7, 14.8(1), 17.14, 17.15(6), 19.1] is being omitted. With the exception of the change noted above, these amendments are identical to those published under Notice as ARC 9104A, IAB 6/16/99.

[Filed 8/12/99, effective 10/13/99]
[Published 9/8/99]

[For replacement pages for IAC, see IAC Supplement 9/8/99.]


Previous Bulletin Table of Contents Next Bulletin

Return To Home index


© 1999 Cornell College and League of Women Voters of Iowa


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

Last update: Wed Sep 8 0:10:04 CDT 1999
URL: /Rules/1999/Bulletin/acb990908.html
sam