IOWA ADMINISTRATIVE
BULLETIN
Published Biweekly VOLUME XXII NUMBER 14 January 12, 2000 Pages 1061 to 1108
CONTENTS IN THIS ISSUE
Pages 1069 to 1087 include ARC 9593A to ARC 9610A
AGRICULTURE AND LAND STEWARDSHIP
DEPARTMENT[21]
Filed, Apiary, 22.10, 22.11 ARC 9596A 1083
ALL AGENCIES
Schedule for rule making 1063
Publication procedures 1064
Agency identification numbers 1067
ECONOMIC DEVELOPMENT, IOWA
DEPARTMENT OF[261]
Notice, Waiver and variance, ch 104
ARC 9598A . . 1069
ENGINEERING AND LAND SURVEYING
EXAMINING BOARD[193C]
Professional Licensing and Regulation Division[193]
COMMERCE DEPARTMENT[181]“umbrella”
Filed, Property surveys, 2.5(3), 2.6, 2.8
ARC 9601A 1083
ENVIRONMENTAL PROTECTION
COMMISSION[567]
NATURAL RESOURCES DEPARTMENT[561]“umbrella”
Filed Emergency, Confinement feeding
operations, 65.16(3), 65.19(6) ARC 9599A 1081
EXECUTIVE DEPARTMENT
Executive Order number 12 1088
Executive Order number 13 1089
GENERAL SERVICES DEPARTMENT[401]
Filed, Fees paid to newspapers, 5.21
ARC 9602A 1084
HUMAN SERVICES DEPARTMENT[441]
Notice, Waiver of rules, 1.8 ARC 9597A 1071
INSPECTIONS AND APPEALS DEPARTMENT[481]
Notice, Quality award for nursing facilities,
ch 54 ARC 9610A 1072
INSURANCE DIVISION[191]
COMMERCE DEPARTMENT[181]“umbrella”
Notice, Reconstructive surgery, 35.35, 71.23,
75.17, 76.9, rescind ch 100 ARC 9594A 1074
Filed, Life insurance policies, ch 47 ARC 9609A . . . 1085
MEDICAL EXAMINERS BOARD[653]
PUBLIC HEALTH DEPARTMENT[641]“umbrella”
Notice, Uniform waiver and variance, ch 3,
11.9(3) ARC 9605A 1075
NURSING BOARD[655]
PUBLIC HEALTH DEPARTMENT[641]“umbrella”
Notice, Examination, 2.1, 2.10, 2.11 ARC 9607A. . 1077
PROFESSIONAL LICENSURE DIVISION[645]
PUBLIC HEALTH DEPARTMENT[641]“umbrella”
Filed, Dietetic examiners, 80.5, 80.100(4),
80.101, 80.102(1), 80.104 ARC 9606A 1085
PUBLIC HEARINGS
Summarized list 1065
REAL ESTATE COMMISSION[193E]
Professional Licensing and Regulation Division[193]
COMMERCE DEPARTMENT[181]“umbrella”
Notice, Business conduct, 1.1, 1.27, 1.41,
1.42(6) ARC 9600A 1077
REVENUE AND FINANCE DEPARTMENT[701]
Filed, Income and withholding tax, 39.2(4),
40.18(9), 42.2, 43.8(2), 46.3(3) ARC 9608A 1086
SECRETARY OF STATE[721]
Notice, Signature requirements for supervisor
candidates, 21.601 ARC 9604A 1079
Filed Emergency, Signature requirements for
supervisor candidates, 21.601 ARC 9603A 1081
SUPREME COURT
Decisions summarized 1091
TRANSPORTATION DEPARTMENT[761]
Public Notice—review of rules 1079
Filed, Railroad revolving loan fund, 830.2(2),
830.3, 830.4, 830.6, ch 831 ARC 9593A 1087
USURY
Notice 1080
VOTER REGISTRATION COMMISSION[821]
Filed, State registrar of voters, 1.2 ARC 9595A 1087

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.
Subscriptions and Distribution Telephone: (515)242–5120
Fax: (515)242–5974
KATHLEEN K. BATES, Administrative Code Editor Telephone: (515)281–3355
STEPHANIE A. HOFF, Assistant Editor (515)281–8157
Fax: (515)281–4424
SUBSCRIPTION INFORMATION
Iowa Administrative Bulletin
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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:
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Customer Service Center
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Telephone: (515)242–5120

Schedule for Rule Making
2000

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. 24 ’99
Jan. 12 ’00
Feb. 1 ’00
Feb. 16 ’00
Feb. 18 ’00
Mar. 8 ’00
Apr. 12 ’00
July 10 ’00
Jan. 7
Jan. 26
Feb. 15
Mar. 1
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July 24
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Mar. 14
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May 24
Aug. 21
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Mar. 28
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Apr. 14
May 3
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Apr. 26
Apr. 28
May 17
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Sept. 18
Mar. 17
Apr. 5
Apr. 25
May 10
May 12
May 31
July 5
Oct. 2
Mar. 31
Apr. 19
May 9
May 24
May 26
June 14
July 19
Oct. 16
Apr. 14
May 3
May 23
June 7
June 9
June 28
Aug. 2
Oct. 30
Apr. 28
May 17
June 6
June 21
June 23
July 12
Aug. 16
Nov. 13
May 12
May 31
June 20
July 5
July 7
July 26
Aug. 30
Nov. 27
May 26
June 14
July 4
July 19
July 21
Aug. 9
Sept. 13
Dec. 11
June 9
June 28
July 18
Aug. 2
Aug. 4
Aug. 23
Sept. 27
Dec. 25
June 23
July 12
Aug. 1
Aug. 16
Aug. 18
Sept. 6
Oct. 11
Jan. 8 ’01
July 7
July 26
Aug. 15
Aug. 30
Sept. 1
Sept. 20
Oct. 25
Jan. 22 ’01
July 21
Aug. 9
Aug. 29
Sept. 13
Sept. 15
Oct. 4
Nov. 8
Feb. 5 ’01
Aug. 4
Aug. 23
Sept. 12
Sept. 27
Sept. 29
Oct. 18
Nov. 22
Feb. 19 ’01
Aug. 18
Sept. 6
Sept. 26
Oct. 11
Oct. 13
Nov. 1
Dec. 6
Mar. 5 ’01
Sept. 1
Sept. 20
Oct. 10
Oct. 25
Oct. 27
Nov. 15
Dec. 20
Mar. 19 ’01
Sept. 15
Oct. 4
Oct. 24
Nov. 8
Nov. 10
Nov. 29
Jan. 3 ’01
Apr. 2 ’01
Sept. 29
Oct. 18
Nov. 7
Nov. 22
Nov. 24
Dec. 13
Jan. 17 ’01
Apr. 16 ’01
Oct. 13
Nov. 1
Nov. 21
Dec. 6
Dec. 8
Dec. 27
Jan. 31 ’01
Apr. 30 ’01
Oct. 27
Nov. 15
Dec. 5
Dec. 20
Dec. 22
Jan. 10 ’01
Feb. 14 ’01
May 14 ’01
Nov. 10
Nov. 29
Dec. 19
Jan. 3 ’01
Jan. 5 ’01
Jan. 24 ’01
Feb. 28 ’01
May 28 ’01
Nov. 24
Dec. 13
Jan. 2 ’01
Jan. 17 ’01
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Mar. 14 ’01
June 11 ’01
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Jan. 16 ’01
Jan. 31 ’01
Feb. 2 ’01
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Mar. 28 ’01
June 25 ’01
Dec. 22
Jan. 10 ’01
Jan. 30 ’01
Feb. 14 ’01
Feb. 16 ’01
Mar. 7 ’01
Apr. 11 ’01
July 9 ’01
Jan. 5 ’01
Jan. 24 ’01
Feb. 13 ’01
Feb. 28 ’01
Mar. 2 ’01
Mar. 21 ’01
Apr. 25 ’01
July 23 ’01



PRINTING SCHEDULE FOR IAB
ISSUE NUMBER
SUBMISSION DEADLINE
ISSUE DATE
16
Friday, January 21, 2000
February 9, 2000
17
Friday, February 4, 2000
February 23, 2000
18
Friday, February 18, 2000
March 8, 2000


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

BLIND, DEPARTMENT FOR THE[111]

Variances and waivers of department
for the blind administrative rules,
ch 12
IAB 12/29/99 ARC 9574A
Director’s Conference Room
Department for the Blind
524 4th St.
Des Moines, Iowa
January 18, 2000
1 p.m.
ENVIRONMENTAL PROTECTION COMMISSION[567]

Title V operating permit fee,
22.106(1)
IAB 12/15/99 ARC 9536A
Conference Rooms 1 to 4
Air Quality Bureau
7900 Hickman Rd.
Urbandale, Iowa
January 14, 2000
1 p.m.
Emission standards for contaminants,
23.1(4)
IAB 12/15/99 ARC 9535A
Conference Rooms 1 to 4
Air Quality Bureau
7900 Hickman Rd.
Urbandale, Iowa
January 14, 2000
10 a.m.
HUMAN SERVICES DEPARTMENT[441]

Disability services management,
25.11 to 25.19
IAB 12/29/99 ARC 9562A
Conference Room—6th Floor
Iowa Bldg., Suite 600
411 3rd St. SE
Cedar Rapids, Iowa
January 19, 2000
10 a.m.

Administrative Conference Room
417 E. Kanesville Blvd.
Council Bluffs, Iowa
January 19, 2000
10 a.m.

Large Conference Room—5th Floor
Bicentennial Bldg.
428 Western
Davenport, Iowa
January 19, 2000
10 a.m.

Conference Room 104
City View Plaza
1200 University
Des Moines, Iowa
January 19, 2000
10 a.m.

Liberty Room
Mohawk Square
22 N. Georgia Ave.
Mason City, Iowa
January 19, 2000
9 a.m.

Conference Room 3
120 E. Main
Ottumwa, Iowa
January 19, 2000
10 a.m.

Fifth Floor
520 Nebraska St.
Sioux City, Iowa
January 20, 2000
1:30 p.m.
HUMAN SERVICES DEPARTMENT[441] (Cont’d)

Conference Room 220
Pinecrest Office Bldg.
1407 Independence Ave.
Waterloo, Iowa
January 19, 2000
10 a.m.
INSPECTIONS AND APPEALS DEPARTMENT[481]

Quality award for nursing facilities,
ch 54
IAB 1/12/00 ARC 9610A
Director’s Conference Room
Second Floor
Lucas State Office Bldg.
Des Moines, Iowa
February 8, 2000
10 a.m.
NATURAL RESOURCE COMMISSION[571]

Operation of motor vehicles in
meandered streams, 49.5
IAB 12/29/99 ARC 9581A
West Conference Room—4th Floor
Wallace State Office Bldg.
Des Moines, Iowa
January 19, 2000
1 p.m.
Scuba and skin spearing of rough fish
in meandered streams, 83.2(1)
IAB 12/29/99 ARC 9582A
West Conference Room—4th Floor
Wallace State Office Bldg.
Des Moines, Iowa
January 19, 2000
2 p.m.
NURSING BOARD[655]

Examinations,
2.10
IAB 1/12/00 ARC 9607A
Ballroom
Kirkwood Civic Center Hotel
4th and Walnut
Des Moines, Iowa
March 1, 2000
7 p.m.
REAL ESTATE COMMISSION[193E]

Business conduct,
1.1, 1.27, 1.41, 1.42(6)
IAB 1/12/00 ARC 9600A
Conference Room—2nd Floor
Commerce Bldg.
1918 SE Hulsizer
Ankeny, Iowa
February 1, 2000
9 a.m.
SECRETARY OF STATE[721]

Signature requirements for
nomination petitions for
supervisor candidates, 21.601
IAB 1/12/00 ARC 9604A
(See also ARC 9603A herein)
Office of the Secretary of State
Second Floor
Hoover State Office Bldg.
Des Moines, Iowa
February 1, 2000
1:30 p.m.
Local option tax election,
21.800(3), 21.803(4)
IAB 12/29/99 ARC 9560A
Office of the Secretary of State
Second Floor
Hoover State Office Bldg.
Des Moines, Iowa
January 18, 2000
1:30 p.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]
TURKEY MARKETING COUNCIL, IOWA[787]
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 9598A
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]
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 15.104 and 15.106 and Executive Order 11, the Department of Economic Development hereby gives Notice of Intended Action to adopt Chapter 104, “Uniform Waiver and Variance Rules,” Iowa Administrative Code.
These rules describe the procedures for applying for, issuing or denying waivers and variances from Department rules. The purpose of these rules is to comply with Executive Order 11 which requires state agencies to adopt a uniform waiver rule.
Public comments concerning the proposed rules will be accepted until 4:30 p.m. on February 1, 2000. Interested persons may submit written or oral comments by contacting Melanie Johnson, Director’s Office, Department of Economic Development, 200 East Grand Avenue, Des Moines, Iowa 50309–1819; telephone number (515)242–4862.
These rules are intended to implement Executive Order 11.
The following new rules are proposed.

CHAPTER 104
UNIFORM WAIVER AND VARIANCE RULES
261—104.1(ExecOrd11) Applicability. This chapter outlines a uniform process for the granting of waivers or variances from rules adopted by the department. The intent of this chapter is to allow persons to seek exceptions to the application of rules issued by the department.
104.1(1) Definitions.
“Board” or “IDED board” means the Iowa department of economic development board created by Iowa Code chapter 15.
“Department” or “IDED” means the Iowa department of economic development authorized by Iowa Code chapter 15.
“Director” means the director of the department of economic development or the director’s designee.
“Director/board” means either the director or the board depending on which one has decision–making authority pursuant to rule 104.2(ExecOrd11).
“Person” means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any legal entity.
104.1(2) Authority.
a. A waiver or variance from rules adopted by the department may be granted in accordance with this chapter if (1) the department has exclusive rule–making authority to promulgate the rule from which waiver or variance is requested or has final decision–making authority over a contested case in which a waiver or variance is requested; and (2) no statute or rule otherwise controls the grant of a waiver or variance from the rule from which waiver or variance is requested.
b. No waiver or variance may be granted from a requirement which is imposed by statute. Any waiver or variance must be consistent with statute.
261—104.2(ExecOrd11) Director/board discretion. The decision on whether the circumstances justify the granting of a waiver or variance shall be made at the discretion of the director upon consideration of all relevant factors, except for the below–listed programs, for which the board shall make the decision, upon consideration of all relevant factors:
1. Community Economic Betterment Account (CEBA) program, 261—Chapter 53.
2. New Jobs and Income Program (NJIP), 261—Chapter 58.
3. Workforce Development Fund, 261—Chapter 75.
4. Accelerated Career Education Program PhysicalInfrastructure Assistance Program (ACE PIAP), 261— Chapter 20.
104.2(1) Criteria for waiver or variance. The director/board may, in response to a completed petition or on its own motion, grant a waiver or variance from a rule, in whole or in part, as applied to the circumstances of a specified situation if the director/board finds each of the following:
a. Application of the rule to the person at issue would result in hardship or injustice to that person; and
b. Waiver or variance on the basis of the particular circumstances relative to that specified person would be consistent with the public interest; and
c. Waiver or variance in the specific case would not prejudice the substantial legal rights of any person.
In determining whether waiver or variance should be granted, the director/board shall consider whether the underlying public interest policies and legislative intent of the rules are substantially equivalent to full compliance with the rule. When the rule from which a waiver or variance is sought establishes administrative deadlines, the director/board shall balance the special individual circumstances of the petitioner with the overall goal of uniform treatment of all licensees, grantees and constituents.
104.2(2) Special waiver or variance rules not precluded. These uniform waiver and variance rules shall not preclude the director/board from granting waivers or variances in other contexts or on the basis of other standards if a statute or other department rule authorizes the director/board to do so, and the director/board deems it appropriate to do so.
261—104.3(ExecOrd11) Requester’s responsibilities in filing a waiver or variance petition.
104.3(1) Application. All petitions for waiver or variance must be submitted in writing to the Iowa Department of Economic Development, Office of the Director, 200 East Grand Avenue, Des Moines, Iowa 50309–1819, Attention: Legal Counsel. If the petition relates to a pending contested case, a copy of the petition shall also be filed in the contested case proceeding.
104.3(2) Content of petition. A petition for waiver or variance shall include the following information where applicable and known to the requester (for an example of a petition for waiver or variance, see Exhibit A at the end of this chapter):
a. A description and citation of the specific rule from which a waiver or variance is requested.
b. The specific waiver or variance requested, including the precise scope and operative period that the waiver or variance will extend.
c. The relevant facts that the petitioner believes would justify a waiver or variance.
d. This petition shall include a signed statement from the petitioner attesting to the accuracy of the facts provided in the petition, and a statement of reasons that the petitioner believes will justify a waiver or variance.
e. A history of any prior contacts between the department and the petitioner relating to the regulated activity, license, grant, loan or other financial assistance affected by the proposed waiver or variance, including a description of each affected license, grant, loan or other financial assistance held by the requester, any notices of violation, contested case hearings, or investigative reports relating to the regulated activity, license, grant or loan within the last five years.
f. Any information known to the requester regarding the department’s treatment of similar cases.
g. The name, address, and telephone number of any public agency or political subdivision which also regulates the activity in question, or which might be affected by the grant of a waiver or variance.
h. The name, address, and telephone number of any person or entity who would be adversely affected by the grant of a petition.
i. The name, address, and telephone number of any person with knowledge of the relevant facts relating to the proposed waiver or variance.
j. Signed releases of information authorizing persons with knowledge regarding the request to furnish the department with information relevant to the waiver or variance.
104.3(3) Burden of persuasion. The petitioner shall assume the burden of persuasion when a petition is filed for a waiver or variance from a department rule.
261—104.4 (ExecOrd11) Notice. The department shall acknowledge a petition upon receipt. The department shall ensure that notice of the pendency of the petition and a concise summary of its contents have been provided to all persons to whom notice is required by any provision of law, within 30 days of the receipt of the petition. In addition, the department may give notice to other persons. To accomplish this notice provision, the department may require the petitioner to serve the notice on all persons to whom notice is required by any provision of law, and provide a written statement to the department attesting that notice has been provided.
261—104.5(ExecOrd11) Department responsibilities regarding petition for waiver or variance.
104.5(1) Additional information. Prior to issuing anorder granting or denying a waiver or variance, the director/board may request additional information from the petitioner relative to the petition and surrounding circumstances. If the petition was not filed in a contested case, the director/board may, on its own motion or at the petitioner’s request, schedule a telephonic or in–person meeting between the petitioner and the director/board, the director’s/board’s designee, a committee of the board, or a quorum of the board.
104.5(2) Hearing procedures. The provisions of Iowa Code sections 17A.10 to 17A.18A regarding contested case hearings shall apply in three situations: (a) to any petitionfor a waiver or variance of rule filed within a contested case;(b) when the director/board so provides by rule or order; or (c) when a statute so requires.
104.5(3) Ruling. An order granting or denying a waiver or variance shall be in writing and shall contain a reference to the particular person and rule or portion thereof to which the order pertains, a statement of the relevant facts and reasons upon which the action is based, and a description of the precise scope and operative period of the waiver if one is issued.
104.5(4) Conditions. The director/board may condition the grant of the waiver or variance on such reasonable conditions as appropriate to achieve the objectives of the particular rule in question through alternative means.
104.5(5) Time for ruling. The director/board shall grant or deny a petition for a waiver or variance as soon as practicable, but in any event, shall do so within 120 days of its receipt, unless the petitioner agrees to a later date. However, if a petition is filed in a contested case, the director/board shall grant or deny the petition no later than the time at which the final decision in that contested case is issued.
104.5(6) When deemed denied. Failure of the director/board to grant or deny a petition within the required time period shall be deemed a denial of that petition by the director/board.
104.5(7) Service of order. Within seven days of its issuance, any order issued under this chapter shall be transmitted to the petitioner or the person to whom the order pertains, and to any other person entitled to such notice by any provision of law.
261—104.6(ExecOrd11) Public availability. Subject to the provisions of Iowa Code section 17A.3(1)“e,” the department shall maintain a record of all orders granting or denying waivers and variances under this chapter. All final rulings in response to requests for waivers or variances shall be indexed and available to members of the public at the Iowa Department of Economic Development, Office of the Director, 200 East Grand Avenue, Des Moines, Iowa 50309–1827.
261—104.7(ExecOrd11) Voiding or cancellation. A waiver or variance is void if the material facts upon which the request is based are not true or if material facts have been withheld. The director/board may at any time cancel a waiver or variance upon appropriate notice if the director/board finds that the facts as stated in the request are not true, material facts have been withheld, the alternative means of compliance provided in the waiver or variance have failed to achieve the objectives of the statute, or the requester has failed to comply with the conditions of the order.
261—104.8(ExecOrd11) Violations. Violation of conditions in the waiver or variance approval is the equivalent of violation of the particular rule for which the waiver or variance is granted and is subject to the same remedies or penalties.
261—104.9(ExecOrd11) Defense. After the director/board issues an order granting a waiver or variance, the order is a defense within its terms and the specific facts indicated therein for the person to whom the order pertains in any proceeding in which the rule in question is sought to be invoked.
261—104.10(ExecOrd11,17A) Appeals. Granting or denying a request for waiver or variance is final agency action under Iowa Code chapter 17A. An appeal to district court shall be taken within 30 days of the issuance of the ruling in response to the request unless a contrary time is provided by rule or statute.
These rules are intended to implement Executive Order 11.
Exhibit A
Sample Petition (request) for Waiver/Variance

BEFORE THE IOWA DEPARTMENT
OF ECONOMIC DEVELOPMENT
Petition by (insert name of
petitioner) for the waiver of (insert rule citation) relating to (insert the subject matter).
}
PETITION FOR
WAIVER

Requests for waiver or variance from a department rule shall include the following information in the petition for waiver or variance where applicable and known:
a. Provide the petitioner’s (person asking for a waiver or variance) name, address, and telephone number.
b. Describe and cite the specific rule from which a waiver or variance is requested.
c. Describe the specific waiver or variance requested, include the exact scope and time period that the waiver or variance will extend.
d. Explain the important facts that the petitioner believes justify a waiver or variance. Include in your answer why (1) applying the rule will result in hardship or injustice to the petitioner; and (2) granting a waiver or variance to the petitioner is consistent with the public interest; and (3) granting the waiver or variance will not prejudice the substantial legal rights of any person.
e. Provide history of prior contacts between the department and petitioner relating to the regulated activity, license, grant, loan or other financial assistance that would be affected by the waiver or variance; include a description of each affected license, grant, loan or other financial assistance held by the petitioner, any notices of violation, contested case hearings, or investigative reports relating to the regulated activity, license, grant or loan within the last five years.
f. Provide information known to the petitioner regarding the department’s treatment of similar cases.
g. Provide the name, address, and telephone number of any public agency or political subdivision which also regulates the activity in question, or which might be affected by the grant of a waiver or variance.
h. Provide the name, address, and telephone number of any person or entity who would be adversely affected or disadvantaged by the grant of the waiver or variance.
i. Provide the name, address, and telephone number of any person with knowledge of the relevant or important facts relating to the requested waiver or variance.
j. Provide signed releases of information authorizing persons with knowledge regarding the request to furnish the department with information relevant to the waiver or variance.

I hereby attest to the accuracy and truthfulness of the above information.
____________________ ____________
Petitioner’s signature Date .

Petitioner should note the following when requesting or petitioning for a waiver or variance:
1. The petitioner has the burden of proving the following to the director/board: (a) application of the rule to the petitioner would result in hardship or injustice to the petitioner; and (b) waiver or variance on the basis of the particular circumstances relative to the petitioner would be consistent with the public interest; and (c) waiver or variance in the specific case would not prejudice the substantial legal rights of any person.
2. The department may request additional information from or request an informal meeting with the petitioner prior to issuing a ruling granting or denying a request for waiver or variance.
3. All petitions for waiver or variance must be submitted in writing to the Iowa Department of Economic Development, Office of the Director, 200 East Grand Avenue, Des Moines, Iowa 50309–1827, Attention: Legal Counsel. If the petition relates to a pending contested case, a copy of the petition shall also be filed in the contested case proceeding.
ARC 9597A
HUMAN SERVICES DEPARTMENT[441]
Notice of Intended Action
Twenty–five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 217.6, the Department of Human Services proposes to amend Chapter 1, “Departmental Organization and Procedures,” appearing in the Iowa Administrative Code.
This amendment brings the Department of Human Services rule for exceptions to policy into compliance with Executive Order Number 11 issued by Governor Vilsack on September 14, 1999. Executive Order Number 11 directs each state agency to adopt a waiver rule as outlined in the order.
The Department has had a waiver (exception to policy) rule since 1987. The Department’s rule is written in a format that is easy to understand for clients and providers that are requesting exceptions to policy. Therefore, the Department is making only those changes necessary to bring its existing rule into conformity with the Executive Order. The Department is also continuing to refer to its “waivers” as “exceptions to policy,” to avoid confusion with the Home– and Community–Based waiver programs.
This amendment establishes a two–tier system for granting exception requests and clarifies that any exception granted must be consistent with state or federal law. A new subrule is added to establish when exceptions must be grant–ed. The Director shall grant an exception to the administrative rule if the Director finds that the application of the rule would not, to any extent, serve any purposes of the rule.
Waiver of the rules governing waivers is not appropriate because all waivers should be subject to the same procedural and substantive rules.
Consideration will be given to all written data, views, and arguments thereto received by the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, Des Moines, Iowa 50319–0114, on or before February 2, 2000.
This amendment is intended to implement Iowa Code section 217.6.
The following amendment is proposed.

Amend rule 441—1.8(217) as follows:
441—1.8(217) Exceptions Waivers of administrative rules (hereinafter referred to as exceptions to policy). Exceptions to the department’s rules may be granted in individual cases upon the director’s own initiative or upon request. No exception will be granted to a rule required by state statute or by federal statute or regulation. Any exception granted must be consistent with state and federal law.
1.8(1) Procedures for requests.
a. Requests for exceptions must be submitted in writing to the Bureau of Policy Analysis Appeals Section, Department of Human Services, Hoover State Office Building, Des Moines, Iowa 50319–0114.
b. A request for an exception is independent from a departmental appeal under 441—Chapter 7. However, a request for an exception may be combined with an appeal of a proposed decision to the director under 441—Chapter 7. A request for an exception made prior to an appeal under 441—Chapter 7 may be denied pending an appeal where factual matters need to be developed.
c. A party requesting an exception must establish that the exception is appropriate. A request for an exception should include the following information where applicable and known to the requester:
(1) The name, address, and case number or state identification number of the person or entity for whom an exception is being requested and the person requesting the exception, if different from the person for whom an exception is being requested.
(2) The specific rule to which an exception is requested or the substance thereof.
(3) The specific exception requested.
(4) Facts relevant to the factors listed in subrule subrules 1.8(2) and 1.8(3).
(5) A history of the department’s action on the case.
(6) Any information known to the requester regarding the department’s treatment of similar cases.
(7) The name, address, and telephone number of any person inside or outside the department with knowledge of the matter with respect to which the exception is requested.
(8) Releases of information authorizing persons with knowledge regarding the request to furnish the department information pertaining to the request.
d. Requests for exceptions shall be acknowledged immediately within 7 days and shall be responded to in writing within 120 days of receipt. The department may give notice of the request to other affected parties. The department may also request additional information from the applicant.
e. The department shall issue a written decision on the request for an exception to policy within 120 days of receipt, unless the applicant agrees to a later date. If a request for an exception to policy has been filed in a contested case proceeding, the department may pend the request until after a final decision is issued.
e f. A denial of a request for an exception is absolutely final and is not appealable under 441—Chapter 7.
f g. A request for an exception does not delay the time to request an appeal under 441—Chapter 7 or for filing a petition for judicial review of a final decision in a contested case under Iowa Code section 17A.19.
g h. A request for an exception is not required to exhaust administrative remedies before judicial review of department action under Iowa Code section 17A.19.
h i. The department shall maintain a deidentified record of exceptions granted and denied indexed by rule available for public inspection.
1.8(2) Mandatory exceptions. In response to the filing of a request for an exception to policy, the director shall grant an exception to the administrative rule, in whole or part, as applied to the particular circumstances of the applicant, if the director finds that the application of the rule would not, to any extent, serve any purposes of the rule. Any exception granted must be consistent with state or federal law.
1.8(2) 1.8(3) Policy Discretionary exceptions.
a. Except to the extent prohibited by state or federal law, the director may grant an exception if the director finds that:
(1) Failure to grant the exception would result in hardship or injustice to that person; and
(2) The exception would be consistent with the public interest; and
(3) The exception would not substantially affect another person in an adverse manner.
b. Exceptions are granted The decision on whether an exception should be granted will be made at the complete discretion of the director after consideration of all relevant factors including, but not limited to, the following:
a. (1) The need of the person or entity directly affected by the exception. Exceptions will be granted only in cases of extreme need.
b. (2) Whether there are exceptional circumstances justifying an exception to the general rule applicable in otherwise similar circumstances.
c. (3) Whether granting the exception would result in net savings to the state or promote efficiency in the administration of programs or service delivery. Net savings or efficiency will make an exception more likely.
d. (4) In the case of services, assistance, or grants, whether other possible sources have been exhausted. Exceptions will not generally be granted if other sources are available.
e. (5) The cost of the exception to the state and the availability of funds in the department’s budget.
This rule is intended to implement Iowa Code section 217.6.
ARC 9610A
INSPECTIONS AND APPEALS DEPARTMENT[481]
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 135C.14, the Department of Inspections and Appeals gives Notice of Intended Action to adopt Chapter 54, “Quality Award for Nursing Facilities,” Iowa Administrative Code.
The proposed rules implement 1999 Iowa Acts, chapter 132, which established an annual Governor’s Quality Care Award for a health care facility that demonstrates a high quality of care and commitment to its residents. These rules establish the guidelines by which health care facilities applying for the quality award will be evaluated.
Any interested person may make written comments or suggestions on the proposed chapter on or before February 1, 2000. Written comments should be addressed to the Director, Department of Inspections and Appeals, Lucas State Office Building, East 12th and Grand Avenue, Des Moines, Iowa 50319–0083, or faxed to (515)242–6863. E–mail may be sent to jkomos@dia.state.ia.us.
A public hearing will be held on February 8, 2000, at10 a.m. in the Director’s Conference Room, Second Floor, Lucas State Office Building, East 12th and Grand Avenue, Des Moines, Iowa. Persons may present their views orally or in writing at the public hearing.
These rules are intended to implement Iowa Code chapter 135C as amended by 1999 Iowa Acts, chapter 132.
The following new chapter is proposed.

CHAPTER 54
QUALITY AWARD FOR NURSING FACILITIES
481—54.1(135C) Purpose. This program is intended to recognize quality health care services being provided to facility residents by Iowa long–term care facilities, residential care facilities, and intermediate care facilities for the mentally retarded or persons with mental illness. The specific objective of the program is to establish a governor’s award for quality care to recognize a health care facility in the state which demonstrates provision of the highest quality care to residents.
481—54.2(135C) Definitions.
“Advisory council” means the council appointed by the director to review all nominations received by the department. Members of the council shall include the director, or the director’s designee, and members selected to represent the general public, health care providers, resident advocates, the long–term care ombudsman’s office, residents, and other groups as deemed necessary by the director. When making appointments to the advisory council, the director may consult with the Iowa Partners for Resident Care or other groups representing the nursing home associations and resident advocates that oversee operation of a facility or group of facilities. No member of the advisory council shall be a provider of services to a facility or under contract to provide services to a facility.
“Community living training services” means those activities provided to assist a person to acquire or sustain the knowledge and skills essential to independent functioning to the person’s maximum potential in the physical and social environment.
“Department” means the department of inspections and appeals.
“Director” means the director of the department of inspections and appeals, or the director’s designee.
“Health care facility” or “facility” means a residential care facility, a nursing facility, an intermediate care facility for persons with mental illness, or an intermediate care facility for persons with mental retardation.
“Nursing care” means those services which can be provided only under the direction of a registered nurse or a licensed practical nurse.
“Nursing facility” means an institution or a distinct part of an institution housing three or more individuals not related to the administrator or owner within the third degree of consanguinity, which is primarily engaged in providing health–related care and services, including, but not limited to, rehabilitative services, personal care, or community living training services for a period exceeding 24 consecutive hours for individuals who, because of a mental or physical condition, require nursing care and other services in addition to room and board.
“Personal care” means assistance with the activities of daily living which the recipient can perform only with difficulty. Examples are help in getting in and out of bed, assistance with personal hygiene and bathing, help with dressing and feeding, and supervision over medications which can be self–administered.
“Rehabilitative services” means services to encourage and assist restoration of optimum mental and physical capabilities of the individual resident of a health care facility.
“Resident” means an individual admitted to a health care facility in the manner prescribed by Iowa Code section 135C.23.
“Social services” means services relating to the psychological and social needs of the individual in adjusting to living in a health care facility, and minimizing stress arising from that circumstance.
481—54.3(135C) Nomination. The director will prepare and make available a nomination application no later than June 30, 2000, and June 30 of each year thereafter.
481—54.4(135C) Deadline for submission of nominations. Nominations will be taken during the last quarter of the 2000 fiscal year and each fiscal year thereafter. Deadline for receipt of nominations is July 1, 2000, and July 1 of each year thereafter.
481—54.5(135C) Applicant eligibility. Eligible nominations shall be made by a resident, family member of a resident, member of a resident advocacy committee, or another health care facility having no corporate relationship with the nominee. A health care facility cannot nominate itself for the award; however, this prohibition shall not apply to facilities with common ownership. Only health care facilities licensed pursuant to Iowa Code chapter 135C shall be eligible for nomination.
481—54.6(135C) Administration. The quality awards program shall be administered by the director or the director’s designee.
481—54.7(135C) Priority. All nominations submitted to the department and received on or before the deadline for receipt of nominations shall be given consideration.
481—54.8(135C) Nomination. Applications for the governor’s quality award shall include but not be limited to the following information:
54.8(1) The reasons that the nominated facility should be considered.
54.8(2) Any unique or special care or services provided by the facility to its residents. Care or services include any unique or special nursing care, personal care, rehabilitative services, social services, or community living training services provided by the facility for its residents, or involvement with the local community.
54.8(3) Activities conducted by the facility to enhance the highest quality of life for its residents.
481—54.9(135C) Evaluation. The director shall appoint an advisory council to review all nominations received by the department. The members shall review all nominations and select no more than five finalists based upon the material(s) provided in the nomination forms. The council shall also consider the following factors in making its selections:
54.9(1) The facility report card completed pursuant to Iowa Code section 135C.20A.
54.9(2) Any unique services provided by a facility to its residents to improve the quality of care in the facility.
54.9(3) Any information submitted by resident advocacy committee members, residents, a resident’s family members, or facility staff with regard to the quality of care provided by the facility to its residents.
54.9(4) Whether the facility accepts residents for whom costs are paid under Iowa Code chapter 249A.
481—54.10(135C) Awarding of certificate. Prior to the final selection of a facility, representatives from the department and the governor’s office will tour all five finalists to determine the winner. The department will select the winner of the governor’s quality award from the five facilities recommended by the advisory council. The winner will receive a framed certificate in recognition of its designation as the quality health care provider of the year. The certificate shall be awarded by the governor or the governor’s designee to the facility’s administrator in a recognition ceremony held at the facility’s place of business.
These rules are intended to implement Iowa Code chapter 135C as amended by 1999 Iowa Acts, chapter 132.
ARC 9594A
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 1999 Iowa Acts, chapter 41, section 20, and Iowa Code section 505.8, subsection 2, the Insurance Division gives Notice of Intended Action to amend Chapter 35, “Accident and Health Insurance,” Chapter 71, “Small Group Health Benefit Plans,” Chapter 75, “Iowa Individual Health Benefit Plans,” and Chapter 76, “External Review,” and to rescind Chapter 100, “Community Health Management Information System,” Iowa Administrative Code.
The amendments to Chapters 35, 71, and 75 provide for required reconstructive surgery following a mastectomy as passed in Public Law 105–277, the Omnibus Appropriations Bill for Fiscal Year 1999 (Women’s Health and Cancer Rights Act of 1998). The amendment to Chapter 76 clarifies the licensing requirement for a health care professional who is not a medical professional. Chapter 100 is being rescinded as it is intended to implement Iowa Code chapter 144C which was repealed effective February 28, 1999.
Any interested person may make written suggestions or comments on these proposed amendments on or before February 1, 2000. Written comments should be submitted toSusan Voss, Deputy Commissioner, Insurance Division, 330 Maple Street, Des Moines, Iowa 50319. Comments may also be transmitted by fax to (515)281–5692 or by E–mail to susan.voss@comm6.state.ia.us.
These amendments are intended to implement H.R. 4328, Public Law 105–277, 1999 Iowa Acts, chapter 41, and 1998 Iowa Acts, chapter 1119, section 5.
The following amendments are proposed.
ITEM 1. Amend 191—Chapter 35 by adopting the following new rule:
191—35.35(509) Reconstructive surgery.
35.35(1) A carrier or organized delivery system that provides medical and surgical benefits with respect to a mastectomy shall provide the following coverage in the event an enrollee receives benefits in connection with a mastectomy and elects breast reconstruction:
a. Reconstruction of the breast on which the mastectomy has been performed;
b. Surgery and reconstruction of the other breast to produce a symmetrical appearance; and
c. Prostheses and coverage of physical complications at all stages of a mastectomy including lymphedemas.
35.35(2) The benefits under this rule shall be provided in a manner determined in consultation with the attending physician and the enrollee. The coverage may be subject to annual deductibles and coinsurance provisions that are consistent with other benefits under the plan or coverage.
35.35(3) Written notice of the availability of coverage in this rule shall be provided to the enrollee upon enrollment and then annually.
35.35(4) A carrier or organized delivery system shall not deny an enrollee eligibility or continued eligibility to enroll or renew coverage under the terms of the health insurance solely for the purpose of avoiding the requirements of this rule. A carrier or organized delivery system shall not penalize, reduce or limit the reimbursement of an attending provider or induce the provider to provide care in a manner inconsistent with this rule.
This rule is intended to implement Public Law 105–277.
ITEM 2. Amend 191—Chapter 71 by adopting the following new rule:
191—71.23(513B) Reconstructive surgery.
71.23(1) A carrier or organized delivery system that provides medical and surgical benefits with respect to a mastectomy shall provide the following coverage in the event an enrollee receives benefits in connection with a mastectomy and elects breast reconstruction:
a. Reconstruction of the breast on which the mastectomy has been performed;
b. Surgery and reconstruction of the other breast to produce a symmetrical appearance; and
c. Prostheses and coverage of physical complications at all stages of a mastectomy including lymphedemas.
71.23(2) The benefits under this rule shall be provided in a manner determined in consultation with the attending physician and the enrollee. The coverage may be subject to annual deductibles and coinsurance provisions that are consistent with other benefits under the plan or coverage.
71.23(3) Written notice of the availability of coverage in this rule shall be provided to the enrollee upon enrollment and then annually.
71.23(4) A carrier or organized delivery system shall not deny an enrollee eligibility or continued eligibility to enroll or renew coverage under the terms of the health insurance solely for the purpose of avoiding the requirements of this rule. A carrier or organized delivery system shall not penalize, reduce or limit the reimbursement of an attending provider or induce the provider to provide care in a manner inconsistent with this rule.
This rule is intended to implement Public Law 105–277.
ITEM 3. Amend 191—Chapter 75 by the adopting the following new rule:
191—75.17(513C) Reconstructive surgery.
75.17(1) A carrier or organized delivery system that provides medical and surgical benefits with respect to a mastectomy shall provide the following coverage in the event an enrollee receives benefits in connection with a mastectomy and elects breast reconstruction:
a. Reconstruction of the breast on which the mastectomy has been performed;
b. Surgery and reconstruction of the other breast to produce a symmetrical appearance; and
c. Prostheses and coverage of physical complications at all stages of a mastectomy including lymphedemas.
75.17(2) The benefits under this rule shall be provided in a manner determined in consultation with the attending physician and the enrollee. The coverage may be subject to annual deductibles and coinsurance provisions that are consistent with other benefits under the plan or coverage.
75.17(3) Written notice of the availability of coverage in this rule shall be provided to the enrollee upon enrollment and then annually.
75.17(4) A carrier or organized delivery system shall not deny an enrollee eligibility or continued eligibility to enroll or renew coverage under the terms of the health insurance solely for the purpose of avoiding the requirements of this rule. A carrier or organized delivery system shall not penalize, reduce or limit the reimbursement of an attending provider or induce the provider to provide care in a manner inconsistent with this rule.
This rule is intended to implement Public Law 105–277.
ITEM 4. Amend paragraph 76.9(1)“c” as follows:
c. A health care professional who is not a medical physician shall also hold a current certification by the professional’s respective licensing or specialty board if applicable.
ITEM 5. Rescind 191—Chapter 100.
ARC 9605A
MEDICAL EXAMINERS BOARD[653]
Notice of Intended Action
Twenty–five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 147.76 and 272C.3, the Board of Medical Examiners hereby gives Notice of Intended Action to adopt new Chapter 3, “Uniform Waiver and Variance,” and to amend Chapter 11, “Licensure Requirements,” Iowa Administrative Code.
The Board proposes to rescind a subrule regarding waivers that apply only to licensure applications. This subrule will be replaced by the proposed new chapter on waivers.
Proposed Chapter 3 adopts procedures for petitions for waiver or variance from rules and adopts uniform rules regarding petitions for waiver or variance from provisions of Board rules. Executive Order Number 11 directs state rule–making authorities to adopt uniform rules regarding waivers and variances from rules of the authority.
The Board approved the proposed changes at its regular meeting on December 16, 1999.
Any interested person may present written comments, data, views, and arguments on the proposed amendments not later than 4 p.m. on February 1, 2000. Such written materials should be sent to Ann E. Mowery, Executive Director, Board of Medical Examiners, 400 S.W. 8th Street, Suite C,Des Moines, Iowa 50309–4686.
These amendments are intended to implement Iowa Code sections 17A.22, 147.76, 272C.3, and 272C.4.
The following amendments are proposed.
ITEM 1. Adopt the following new chapter:

CHAPTER 3
UNIFORM WAIVER AND VARIANCE
653—3.1(147) Applicability. This chapter outlines a uniform process for the granting of waivers or variances from rules adopted by the board.
3.1(1) Board authority. A waiver or variance from rules adopted by the board may be granted in accordance with this chapter if (a) the board has exclusive rule–making authority to promulgate the rule from which waiver or variance is requested or has final decision–making authority over a contested case in which a waiver or variance is requested; and (b) no statute or rule otherwise controls the grant of a waiver or variance from the rule from which waiver or variance is requested.
3.1(2) Interpretive rules. This chapter shall not apply to rules that merely define the meaning of a statute or other provisions of law or precedent if the board does not possess delegated authority to bind the courts to any extent with its definition.
653—3.2(147) Compliance with statute. No waiver or variance may be granted from a requirement which is imposed by statute. Any waiver or variance must be consistent with statute.
653—3.3(147) Criteria for waiver or variance. The board may issue an order, in response to a completed petition or on its own motion, granting a waiver or variance from a rule adopted by the board, in whole or in part, as applied to the circumstances of a specified person if the board finds that:
1. Application of the rule to the person at issue would result in hardship or injustice to that person; and
2. Waiver or variance on the basis of the particular circumstances relative to that specified person would be consistent with the public interest; and
3. Waiver or variance in the specific case would not prejudice the substantial legal rights of any person.
In determining whether waiver or variance would be consistent with the public interest under “2,” the board shall consider whether, if the waiver or variance is granted, the public health and safety will be protected by other means that are substantially equivalent to full compliance with the rule.
3.3(1) Board discretion. The decision on whether the circumstances justify the granting of a waiver or variance shall be made at the discretion of the board, upon consideration of all relevant factors.
3.3(2) Mandatory waivers or variances. In response to the timely filing of a completed petition requesting a waiver or variance, the board shall grant a waiver or variance from a rule, in whole or in part, as applied to the particular circumstances of a specified person, if the board finds that the application of all or a portion thereof to the circumstances of that specified person would not, to any extent, advance or serve any of the purposes of the rule.
3.3(3) Burden of persuasion. The petitioner shall assume the burden of persuasion when a petition is filed for a waiver or variance from a board rule.
3.3(4) Special waiver or variance rules not precluded. This chapter shall not preclude the board from granting waivers or variances in other contexts or on the basis of other standards if a statute or other board rule authorizes the board to do so, and the board deems it appropriate to do so.
3.3(5) Administrative deadlines. When the rule from which a waiver or variance is sought establishes administrative deadlines, the board shall balance the special individual circumstances of the petitioner with the overall goal of uniform treatment of all licensees.
653—3.4(147) Filing of petition. A petition for a waiver or variance must be submitted in writing and mailed to the Executive Director, Board of Medical Examiners, 400 S.W. 8th St., Suite C, Des Moines, Iowa 50309–4686.
3.4(1) License application. If the petition relates to a license application, the petition shall be filed as part of the license application process.
3.4(2) Contested cases. If the petition relates to a pending contested case, the petition shall be filed in the contested case proceeding.
3.4(3) Other. If the petition does not relate to a license application or a pending contested case, the petition may be submitted to the board’s executive director.
653—3.5(147) Content of petition. A petition for waiver or variance shall include the following information where applicable and known to the requester:
1. The name, address, and telephone number of the person or entity for whom a waiver or variance is being requested, and the case number of any related contested case.
2. A description and citation of the specific rule from which a waiver or variance is requested.
3. The specific waiver or variance requested, including the precise scope and operative period for which the waiver or variance will extend.
4. The relevant facts that the petitioner believes would justify a waiver or variance. This statement shall include a signed statement from the petitioner attesting to the accuracy of the facts provided in the petition, and a statement of reasons that the petitioner believes will justify a waiver or variance.
5. A history of any prior contacts between the board and the petitioner relating to the regulated activity or license affected by the proposed waiver or variance, including a description of each affected license held by the requester, any notices of violation, contested case hearings, or investigative reports relating to the regulated activity or license within the last five years.
6. Any information known to the petitioner regarding the board’s treatment of similar cases.
7. The name, address, and telephone number of any public agency or political subdivision which also regulates the activity in question, or which might be affected by the grant of a waiver or variance.
8. The name, address, and telephone number of any person or entity who would be adversely affected by the grant of a petition.
9. The name, address, and telephone number of any person with knowledge of the relevant facts relating to the proposed waiver or variance.
10. Signed releases of information authorizing persons with knowledge regarding the request to furnish the board with information relevant to the waiver or variance.
653—3.6(147) Additional information. Prior to issuing an order granting or denying a waiver or variance, the board may request additional information from the petitioner relative to the petition and surrounding circumstances. If the petition was not filed in a contested case, the board may, on its own motion or at the petitioner’s request, schedule a telephonic or in–person meeting between the petitioner and the board’s executive director, a committee of the board, or a quorum of the board.
653—3.7(147) Notice. The board shall acknowledge a petition upon receipt. The board shall ensure that notice of the pendency of the petition and a concise summary of its contents have been provided to all persons to whom notice is required by any provision of law within 30 days of the receipt of the petition. In addition, the agency may give notice to other persons. To accomplish this notice provision, the board may require the petitioner to serve the notice on all persons to whom notice is required by any provision of law, and provide a written statement to the agency attesting that notice has been provided.
653—3.8(147) Hearing procedures. The provisions of Iowa Code sections 17A.10 to 17A.18A regarding contested case hearings shall apply to any petition for a waiver or variance of rule filed within a contested case, and shall otherwise apply to agency proceedings for a waiver or variance only when the board so provides by rule or order or is required to do so by statute.
653—3.9(147) Ruling. An order granting or denying a waiver or variance shall be in writing and shall contain a reference to the particular person and rule or portion thereof to which the order pertains, a statement of the relevant facts and reasons upon which the action is based, and a description of the precise scope and operative period of the waiver if one is issued.
3.9(1) Conditions. The board may condition the grant of the waiver or variance on such reasonable conditions as appropriate to achieve the objectives of the particular rule in question through alternative means.
3.9(2) Time for ruling. The board shall grant or deny a petition for a waiver or variance as soon as practicable but, in any event, shall do so within 120 days of its receipt, unless the petitioner agrees to a later date. However, if a petition is filed in a contested case, the board shall grant or deny the petition no later than the time at which the final decision in that contested case is issued.
3.9(3) When deemed denied. Failure of the board to grant or deny a petition within the required time period shall be deemed a denial of that petition by the board.
3.9(4) Service of order. Within seven days of its issuance, any order issued under this chapter shall be transmitted to the petitioner or the person to whom the order pertains, and to any other person entitled to such notice by any provision of law.
653—3.10(147) Public availability. Subject to the provisions of Iowa Code section 17A.3(1)“e,” the board shall maintain a record of all orders granting and denying waivers and variances under this chapter. All final rulings in response to requests for waivers or variances shall be indexed and available to members of the public at the board office.
653—3.11(147) Voiding or cancellation. A waiver or variance is void if the material facts upon which the request is based are not true or if material facts have been withheld. The board may at any time cancel a waiver or variance upon appropriate notice and hearing if the board finds that the facts as stated in the request are not true, material facts have been withheld, the alternative means of compliance provided in the waiver or variance have failed to achieve the objectives of the statute, or the petitioner has failed to comply with the conditions of the order.
653—3.12(147) Violations. Violation of conditions in the waiver or variance approval is the equivalent of violation of the particular rule for which the waiver or variance is granted and is subject to the same remedies or penalties.
653—3.13(147) Defense. After the board issues an order granting a waiver or variance, the order is a defense within its terms and the specific facts indicated therein for the person to whom the order pertains in any proceeding in which the rule in question is sought to be invoked.
653—3.14(147) Appeals. Any request for an appeal from a decision granting or denying a waiver or variance shall be in accordance with the procedures provided in Iowa Code chapter 17A and board rules. An appeal shall be taken within 30 days of the issuance of the ruling in response to the request unless a contrary time is provided by rule or statute.
ITEM 2. Rescind subrule 11.9(3).
ARC 9607A
NURSING BOARD[655]
Notice of Intended Action
Twenty–five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code 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 17A.3 and 147.76, the Board of Nursing hereby gives Notice of Intended Action to amend Chapter 2, “Nursing Education Programs,” Iowa Administrative Code.
These amendments establish a performance standard for graduates of board–approved programs on the national licensure examination (NCLEX) for registered nurses and licensed practical nurses.
Any interested person may make written comments or suggestions on or before March 1, 2000. Such written materials should be directed to the Executive Director, Board of Nursing, RiverPoint Business Park, 400 S.W. 8th Street, Suite B, Des Moines, Iowa 50309–4685. Persons who want to convey their views orally should contact the ExecutiveDirector at (515)281–3256 or in the Board office at the above address.
There will be a public hearing on March 1, 2000, at7 p.m. in the Ballroom, Kirkwood Civic Center Hotel, Fourth and Walnut, Des Moines, Iowa. Persons may present their views at the public hearing either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments.
These amendments are intended to implement Iowa Code section 152.5.
The following amendments are proposed.
ITEM 1. Amend rule 655—2.1(152) by adopting the following new definition in alphabetical order:
NCLEX. NCLEX means National Council Licensure Examination, the currently used examination.
ITEM 2. Adopt the following new rule 655—2.10(152) and renumber rule 655—2.10(152) as 655—2.11(152):
655—2.10(152) Results of graduates who take the licensure examination for the first time. The program shall notify the board when the program or district national licensure examination passing percentage is lower than 95 percent of the national passing percentage for two consecutive calendar years. The NCLEX passing percentage shall be based on all first–time applicants for RN or LPN licensure in any jurisdiction who take the examination within six months of graduation. Upon notification by the program, the board shall implement the following process:
1. The program shall submit to the board within six months an institutional plan for assessment and improvement of NCLEX results, including outcomes and time lines. The plan shall address administration, faculty, students, curriculum, resources, policies and the nursing advisory committee.
2. The program shall submit annual progress reports to the board while the NCLEX passing percentage remains below 95 percent of the national passing percentage.
3. The board may initiate provisional program approval as specified in subrule 2.2(3) if the program or district NCLEX average does not equal or exceed 95 percent of the national passing percentage within two calendar years.
ARC 9600A
REAL ESTATE COMMISSION[193E]
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 543B.9 and 543B.18, the Real Estate Commission hereby gives Notice of Intended Action to amend Chapter 1, “Business Conduct,” Iowa Administrative Code.
These amendments are proposed to comply with changes made to Iowa Code section 543B.34(9a) and new section 543B.60A regarding restrictions on payment of commission to others.
The amendments to Chapter 1 add a new definition for “Referral fee” or “finder’s fee.” New rule 193E— 1.41(543B) clarifies the Commission’s position relating to payment of rebates and inducements by licensees. Subrule 1.27(1) was amended to reflect the amount of personal funds allowable in the trust account as set in Iowa Code section 543B.46(4). New subrule 1.27(15) clarifies record retention requirements and record availability for trust account and compliance audits.
Consideration will be given to all written suggestions or comments on the proposed amendments received on or before February 1, 2000. Comments should be addressed to Roger L. Hansen, Executive Secretary, Real Estate Commission, 1918 S.E. Hulsizer, Ankeny, Iowa 50021, or faxed to (515)281–7411. E–mail may be sent to rhansen@ max.state.ia.us.
A public hearing will be held on February 1, 2000, at9 a.m. in the Professional Licensing Conference Room, Second Floor, Department of Commerce Building, 1918 S.E. Hulsizer, Ankeny, Iowa.
These amendments are intended to implement Iowa Code sections 543B.9 and 543B.18.
The following amendments are proposed.
ITEM 1. Amend rule 193E—1.1(543B) by adopting the following new definition in alphabetical order:
“Referral fee” or “finder’s fee” means any fee or other valuable consideration paid by a licensee to any unlicensed person or entity for the purpose of procuring prospects for the sale, exchange, purchase, rental or leasing of real estate.
ITEM 2. Amend subrule 1.27(1), paragraph “c,” as follows:
c. A broker shall not commingle personal funds in a trust account; provided, however, that not more than $100, or the amount specified in Iowa Code section 543B.46(4), $500 of the broker’s personal funds may be maintained in each separate account if (1) such personal funds are separately accounted for and (2) such personal funds are intended to be used by the broker to pay for expenses directly related to maintaining the account.
The broker shall ensure that personal funds are deposited to cover bank service charges as specified in Iowa Code section 543B.46, and that at no time are trust moneys used to cover any charges. Upon notification that the broker’s personal funds are not sufficient to cover service charges initiated by the bank that are above the normal maintenance charges, the broker shall deposit personal funds to correct the deficiency within 15 days of the closing date of that bank statement.
ITEM 3. Amend rule 193E—1.27(543B) by adopting the following new subrule:
1.27(15) Every broker shall retain for a period of at least five years true copies of all business books; accounts, including voided checks; records; contracts; closing statements; disclosures; signed documents; and correspondence relating to each real estate transaction that the broker has handled and each property managed. The records shall be made available for inspection by the commission, staff, and its authorized representatives at all times during usual business hours at the broker’s regular place of business. If the brokerage closes, the records shall be made available for inspection by the commission, staff, and its authorized representatives upon request.
ITEM 4. Adopt the following new rule:
193E—1.41(543B) Rebates and inducements. With proper disclosure, rebates and inducements may be paid to a party to the transaction, consistent with Iowa Code sections 543B.6 and 543B.34(9a), provided such party does not engage in any activity that requires a real estate license. No rebate or inducement shall be made without first obtaining the written permission of the client when required and without making the required disclosures to the parties as provided in 193E—1.42(543B).
1.41(1) A licensee shall not pay a commission, any part of the commission, or valuable consideration to an unlicensed third party for performing brokerage functions or engaging in any activity that requires a real estate license. Referral fees or finder’s fees paid to unlicensed third parties for performing brokerage activities or engaging in any activity that requires a real estate license are prohibited.
1.41(2) In a listing contract, the broker is principal party to the contract. The broker may, with proper disclosure, pay a portion of the commission earned to an unlicensed seller or landlord that is a principal party to the listing contract. This is merely a reduction in the amount of the earned commission.
1.41(3) Payment to an unlicensed buyer or tenant is often referred to as “rebating,” and a broker’s intention to pay money to the buyer or tenant is sometimes advertised and promoted as a sales inducement. The payment to the buyer or tenant is permissible, when disclosed, because the broker is licensed to negotiate and the buyer or tenant may negotiate on the buyer’s or tenant’s own account.
1.41(4) A licensee may present gratuitous gifts, such as flowers, a door knocker, or dinner to the buyer or tenant subsequent to closing and not promised or offered as an inducement to buy or lease. The permission and disclosure requirements of 193E—1.42(543B) do not apply as long as any client relationship has terminated.
1.41(5) A licensee may present free gifts, such as prizes, money, free lodging or other valuable consideration to a potential party to a transaction or lease, prior to signing a contract to purchase or lease and not promised or offered as an inducement to buy or lease. The permission and disclosure requirements of 193E—1.42(543B) do not apply as long as no client relationship has been established with the buyer or lessee.
1.41(6) The offering of a free gift, prize, money, or other valuable consideration as an inducement shall be free from deception and shall not serve to distort the true value of the real estate service being promoted.
1.41(7) No broker shall pay a commission or other valuable consideration to another broker knowing that part will be paid to an unlicensed person or party for performing any activity for which a real estate license is required, or which otherwise constitutes a referral fee or finder’s fee requested after a bona fide offer to purchase has been accepted or a bona fide listing agreement or buyer’s brokerage agreement has been signed, or which constitutes an undisclosed rebate or inducement.
1.41(8) A licensee may make donations to a charity, or other not–for–profit organization, for each listing or closing the licensee has during a specific time period. The receiving entity may be selected by the licensee or by a party to the transaction. The contribution may be in the name of the licensee or in the name of a party to the transaction. Contributions are permissible only if the following conditions are met:
a. There are no restrictions placed on the payment;
b. The donation is for a specific amount;
c. The receiving entity does not participate in any manner that would require a license;
d. The licensee exercises reasonable care to ensure that the organization or fund is legitimate;
e. The licensee exercises reasonable care to ensure that the promotional materials clearly explain the terms under which the donations will be made; and
f. All required disclosures are made.
ITEM 5. Amend subrule 1.42(6) by adopting the following new paragraphs “i” and “j”:
i. The provisions of this rule and subrules do not apply to a gratuitous gift, such as flowers, a door knocker, or dinner to a buyer or tenant subsequent to closing and not promised or offered as an inducement to buy or lease as long as any client relationship has been terminated.
j. The provisions of this rule and subrules do not apply to a free gift such as prizes, money, free lodging or other valuable consideration to a potential party to a transaction or lease prior to signing a contract to purchase or lease and not promised or offered as an inducement to sell, buy, or lease as long as no client relationship has been established with the buyer or lessee.
ARC 9604A
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.
This amendment provides procedures for calculating the number of signatures required for nomination petitions filed by candidates in counties where supervisors are elected by and from supervisor districts and in which the number of supervisors has recently been increased or decreased. The signature requirements for nomination petitions in Iowa Code section 43.20(1)“d” are based upon the number of votes cast in each supervisor district at the previous general election. The signature requirements for nomination petitions in Iowa Code section 45.1(6) are based upon the number of registered voters in each supervisor district on July 1 of the year preceding the election. There is no provision for calculating the number of signatures for the first primary, general or special election held after an increase or decrease in the number of supervisors. This new rule requires that these signature calculations be made by first dividing either the total number of votes cast or the total number of registered voters, as appropriate, by the new number of supervisors, and then proceeding with the appropriate formula.
Any interested person may make written suggestions or comments on the proposed amendment on or before Tuesday, February 1, 2000. 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, February 1, 2000, 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. All who speak at the hearing will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment.
This amendment is intended to implement Iowa Code sections 43.20(1)“d,” 45.1(6), 331.203 and 331.204.
This amendment was also Adopted and Filed Emergency and is published herein as ARC 9603A. The content of that submission is incorporated by reference.

TRANSPORTATION DEPARTMENT[761]
Public Notice
Executive Order Number 8 requires each state agency to comprehensively review its rules and submit a report to the Governor’s Office no later than November 1, 2001. The Department invites interested persons to participate in the review of its rules.
Any person who wishes to participate shall submit a request on or before February 9, 2000, to Julie Fitzgerald,Director’s Staff Division, Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; fax: (515)239–1639; Internet E–mail address: jfitzge@max.state.ia.us. A request shall include the requester’s name, mailing address, and telephone number, and the specific rules of interest.
Requesters will be contacted and asked to submit comments when the rules for which they have expressed an interest are reviewed.
Following is a list of the Department’s chapters of rules that will be reviewed:

Chapter No. Chapter Title

TRANSPORTATION DEPARTMENT[761]
GENERAL
4 Public Records and Fair Information Practices
20 Procurement of Equipment, Materials, Supplies
and Services
25 Competition with Private Enterprise
27 Interest on Retained Funds
40 Recovery of Damages to Highways or Highway
Structures

HIGHWAYS
101 Farm–to–Market Review Board
105 Holiday Rest Stops
106 Promotion of Iowa Agricultural Products at Rest
Areas

RIGHT–OF–WAY AND ENVIRONMENT
110 Highway Project Planning
111 Real Property Acquisition and Relocation
Assistance
112 Primary Road Access Control
115 Utility Accommodation
116 Junkyard Control
117 Outdoor Advertising
118 Logo Signing
119 Tourist–Oriented Directional Signing
120 Private Directional Signing
121 Adopt–a–Highway Program

CONSTRUCTION
125 General Requirements and Covenants for
Highway and Bridge Construction
126 Contracts Set Aside for Disadvantaged Business
Enterprises
128 Construction Projects

TRAFFIC OPERATIONS
130 Signing Manual
131 Signing on Primary Roads
132 Iowa Scenic Byway Program
136 Lighting
140 Traffic Signals, School Signals and Beacons on
Primary Roads
142 Speed Zoning on Primary Highways
143 Traffic Signal Synchronization

PRIMARY ROAD EXTENSIONS
150 Improvements and Maintenance on Primary Road
Extensions
151 City Requests for Closure of Primary Road
Extensions

SPECIAL HIGHWAY PROGRAMS
160 County and City Bridge Construction Funds
161 Federal–Aid Highway Bridge Replacement and
Rehabilitation Program
163 RISE Program
164 Traffic Safety Improvement Program
165 Recreational Trails Program

LOCAL SYSTEMS
170 Allocation of Farm–to–Market Road Funds
172 Availability of Instructional Memorandums to
County Engineers
173 Preparation of Secondary Road Construction
Programs, Budgets, and County Engineers’
Annual Reports
174 Reimbursable Services and Supplies

INTERMODAL
201 Intermodal Pilot Project Program

VEHICLES
400 Vehicle Registration and Certificate of Title
401 Special Registration Plates
405 Salvage
410 Special Mobile Equipment
411 Persons with Disabilities Parking Permits
415 Driver’s Privacy Protection—Certificates of Title
and Vehicle Registration
421 Mobile Home Dealers, Manufacturers and
Distributors
424 Transporter Plates
425 Motor Vehicle and Travel Trailer Dealers,
Manufacturers, Distributors and Wholesalers
430 Motor Vehicle Leasing Licenses
431 Vehicle Recyclers
450 Motor Vehicle Equipment
451 Emergency Vehicle Permits
452 Flashing Lights and Warning Devices on Slow–
Moving Vehicles
453 Weight Equalizing Hitch and Sway Control
Devices for Trailers
454 Towing Wrecked or Disabled Vehicles
480 Abandoned Vehicles

MOTOR CARRIERS
500 Interstate Registration and Operation of Vehicles
505 Interstate Motor Vehicle Fuel Permits
511 Special Permits for Operation and Movement of
Vehicles and Loads of Excess Size and Weight
513 Compacted Rubbish Vehicle Permits
520 Regulations Applicable to Carriers
524 For–Hire Intrastate Motor Carrier Authority
529 For–Hire Interstate Motor Carrier Authority

DRIVER LICENSES
600 General Information
601 Application for License
602 Classes of Driver’s Licenses
604 License Examination
605 License Issuance
607 Commercial Driver Licensing
610 Computerized Driver License Records
611 Driver’s Privacy Protection—Driver’s License
and Nonoperator’s Identification Card
615 Sanctions
620 OWI and Implied Consent
625 Driver’s Licenses for Undercover Law
Enforcement Officers
630 Nonoperator’s Identification
635 Motorcycle Rider Education (MRE)
640 Financial Responsibility
641 Financial Liability Coverage Cards

AERONAUTICS
700 Aeronautics Administration
710 Airport Improvement Program
715 Commercial Air Service Marketing Program
716 Commercial Air Service Airport Infrastructure
Program
720 Iowa Airport Registration
750 Aircraft Registration

RAILROADS
800 Items of General Application
801 Relationship with Iowa Railway Finance
Authority
802 Reporting of Railroad Accidents/Incidents
810 Railroad Safety Standards
811 Highway–Railroad Grade Crossing Warning
Devices
812 Classifications and Standards for Highway–
Railroad Grade Crossings
820 Highway Grade Crossing Safety Fund
821 Highway–Railroad Grade Crossing Surface Repair Fund
830 Rail Assistance Program

PUBLIC TRANSIT
910 Coordination of Public Transit Services
920 State Transit Assistance
921 Advanced Allocations of State Transit Assistance
Funding
922 Federal Transit Assistance
923 Capital Match Revolving Loan Fund

RAILWAY FINANCE AUTHORITY[765]
1 Organization and Operation
2 Items of General Applicability
3 Financial Assistance
4 Projects
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:

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%
October 1, 1999 — October 31, 1999 8.00%
November 1, 1999 — November 30, 1999 8.00%
December 1, 1999 — December 31, 1999 8.00%
January 1, 2000 — January 31, 2000 8.00%



FILED EMERGENCY
ARC 9599A
ENVIRONMENTAL PROTECTION COMMISSION[567]
Adopted and Filed Emergency
Pursuant to the authority of Iowa Code section 455B.200, the Environmental Protection Commission hereby amends Chapter 65, “Animal Feeding Operations,” Iowa Administrative Code.
The first amendment extends for one year the period during which the owner of a confinement feeding operation may remove and apply manure from a manure storage structure in accordance with a manure management plan that has been submitted but not yet approved by the Department of Natural Resources. The second amendment makes Department rules consistent with 1999 Iowa Acts, chapter 114, section 30, by which a part–time employee of a confinement site manure applicator is exempt from being certified as a confinement site manure applicator if under direct supervision of a certified confinement site manure applicator.
In compliance with Iowa Code section 17A.4(2), the Commission finds that notice and public participation are impracticable for the first amendment because many owners of confinement feeding operations need to land apply manure during the winter and early spring months; normal rule–making procedures would preclude land application after December 31, 1999, until the proposed amendment could become effective. Notice and public participation are also contrary to the public interest in that a delay in extending the manure application date may result in overflow from manure storage structures and other improper manure disposal practices. Regarding the second amendment, notice and public participation are unnecessary because the amendment merely harmonizes rule language with the statutory provision.
In compliance with Iowa Code section 17A.5(2)“b”(2), the Commission finds that these amendments confer a benefit on a portion of the public and that the normal effective date of the amendments should be waived and these amendments should be effective upon filing on December 21, 1999.
These amendments are intended to implement Iowa Code section 455B.203 and 1999 Iowa Acts, chapter 114, section 30.
These amendments became effective December 21, 1999.
The following amendments are adopted.
ITEM 1. Amend subrule 65.16(3) as follows:
65.16(3) Manure shall not be removed from a manure storage structure, which is part of a confinement feeding operation required to submit a manure management plan, until the department has approved the plan. As an exception to this requirement, during calendar year 1999 until December 31, 2000, the owner of a confinement feeding operation may remove and apply manure from a storage structure in accordance with a manure management plan which has been submitted to the department, but which has not been approved within the required 60–day period. Manure shall be applied in compliance with rule 65.2(455B).
ITEM 2. Amend subrule 65.19(6), paragraph “b,” subparagraph (1), as follows:
(1) A part–time employee of a confinement site manure applicator and is acting under direct instruction and control of a certified commercial confinement site manure applicator who is physically present at the manure application site by being in sight or hearing distance of the supervised person where the certified commercial confinement site manure applicator can physically observe and communicate with the supervised person at all times.

[Filed Emergency 12/21/99, effective 12/21/99]
[Published 1/12/00]
EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 1/12/00.
ARC 9603A
SECRETARY OF STATE[721]
Adopted and Filed Emergency
Pursuant to the authority of Iowa Code section 47.1, the Secretary of State hereby amends Chapter 21, “Election Forms and Instructions,” Iowa Administrative Code.
This amendment provides procedures for calculating the number of signatures required for nomination petitions filed by candidates in counties where supervisors are elected by and from supervisor districts and in which the number of supervisors has recently been increased or decreased. The signature requirements for nomination petitions in Iowa Code section 43.20(1)“d” are based upon the number of votes cast in each supervisor district at the previous general election. The signature requirements for nomination petitions in Iowa Code section 45.1(6) are based upon the number of registered voters in each supervisor district on July 1 of the year preceding the election. There is no provision for calculating the number of signatures for nomination petitions for the first primary, general or special election held after an increase or decrease in the number of supervisors. This new rule requires that these signature calculations be made by first dividing either the total number of votes cast or the total number of registered voters, as appropriate, by the new number of supervisors, and then proceeding with the appropriate formula.
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 signature calculation methods for nomination petitions to candidates and the county auditor of Adair County, which recently increased the number of supervisors from three to five. Changes in the number of supervisors by counties, such as Adair, which elect their supervisors by and from districts are rare. The discovery of the absence of applicable statutory guidance was not made until it was too late to adopt and implement rules through the standard notice and comment process and have them in place before the filing period for the 2000 primary election begins on March 6, 2000. In order to provide information to all candidates considering seeking election to the board of supervisors in 2000, the new rule includes formula provisions for nonpartisan candidates, whose filing period is later. The earliest possible effective date for rules filed under Notice at the present time is April 12, 2000.
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 rule made effective upon filing with the Administrative Rules Coordinator because the rule provides a benefit to the public by providing unambiguous and uniform procedures for all candidates seeking nomination to the county boards of supervisors in counties where a recent change in the number of supervisors makes the nomination process unclear.
This amendment is also published herein under Notice of Intended Action as ARC 9604A to allow public comment. This emergency filing permits the Secretary of State to immediately implement the uniform election procedures needed to prepare for the approaching election.
This amendment is intended to implement Iowa Code sections 43.20(1)“d,” 45.1(6), 331.203 and 331.204.
This amendment became effective December 22, 1999.
The following amendment is adopted.

Amend 721—Chapter 21 by adopting the following new rule:
721—21.601(43) Plan III supervisor district candidate signatures after a change in the number of supervisors. After the number of supervisors has been increased or decreased pursuant to Iowa Code section 331.203 or 331.204, the signatures for candidates at the next primary and general elections shall be calculated as follows:
21.601(1) Primary election. Divide the total number of votes cast in the county at the previous general election for the office of president or for governor, as applicable, by the number of supervisor districts and multiply the quotient by .02. If the result of the calculation is less than 100, the result shall be the minimum number of signatures required. If the result of the calculation is greater than or equal to 100, the minimum requirement shall be 100 signatures.
21.601(2) Nominations by petition. If the effective date of the change in the number of districts was later than the date specified in Iowa Code section 45.1(6), divide the total number of registered voters in the county on the date specified in Iowa Code section 45.1(6) by the number of supervisor districts and multiply the quotient by .01. If the result of the calculation is less than 150, the result shall be the minimum number of signatures required. If the result of the calculation is greater than or equal to 150, the minimum requirement shall be 150 signatures.
 
[Filed Emergency 12/22/99, effective 12/22/99]
[Published 1/12/00] 
EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 1/12/00.



FILED
ARC 9596A
AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]
Adopted and Filed
Pursuant to the authority of Iowa Code section 160.9, the Department of Agriculture and Land Stewardship amends Chapter 22, “Apiary,” Iowa Administrative Code.
These amendments are intended to prohibit honeybees from being transported into Iowa from the states of Florida, Georgia, South Carolina and North Carolina because these states are known to be infested with the small hive beetle, Aethina tumida, a recently introduced, serious pest of honeybee colonies. The current prohibition expires on February 18, 2000. These amendments extend the prohibition to bees imported into Iowa from New Jersey, Ohio, Pennsylvania and specified counties in Minnesota. The amended rule will remain effective until February 18, 2001, unless further extended by administrative rule. The amendments also establish an inspection requirement for the sale of honeybee colonies, beeswax comb and used beekeeping equipment. In addition, the amendments require that these items must also be apparently free of American foulbrood disease in order to be sold.
Notice of Intended Action was published in the Iowa Administrative Bulletin on November 3, 1999, as ARC 9462A. No comments were received concerning the proposed amendments. These amendments are identical to those published under Notice of Intended Action.
These amendments are intended to implement Iowa Code section 160.9.
These amendments shall become effective on February 16, 2000.
The following amendments are adopted.
ITEM 1. Amend rule 21—22.10(160) as follows:
21—22.10(160) Prohibit movement of bees from designated states. A person shall not directly or indirectly transport or cause to be transported into the state of Iowa honeybees originating in the states of Florida, Georgia, New Jersey, North Carolina, Ohio, Pennsylvania, and South Carolina and the counties of Faribault, Freeborn, Mower and Steele in Minnesota. As used in this rule, “honeybees” shall include, but not be limited to, the following: colonies, nucs, packages, banked queens and queen battery boxes. However, the shipping of honeybee queens and attendants in individual queen cages will be allowed when accompanied by a valid certificate of health indicating that the bees are from an apiary free of small hive beetles. This rule shall remain effective until February 18, 2000 2001.
ITEM 2. Adopt new rule 21—22.11(160) as follows:
21—22.11(160) Inspection required for the sale of bees, comb, or used equipment. All honeybee colonies, beeswax comb and used beekeeping equipment offered for sale in Iowa shall meet the following requirements:
1. Be inspected for infectious bee diseases and parasites by the Iowa department of agriculture and land stewardship or another state’s department of agriculture not more than 60 days prior to the sale.
2. Be apparently free of American foulbrood disease.

[Filed 12/22/99, effective 2/16/00]
[Published 1/12/00]
EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 1/12/00.
ARC 9601A
ENGINEERING AND LAND SURVEYING EXAMINING BOARD[193C]
Adopted and Filed
Pursuant to the authority of Iowa Code section 542B.6, the Engineering and Land Surveying Examining Board hereby amends Chapter 2, “Minimum Standards for Property Surveys,” Iowa Administrative Code.
These amendments clarify and revise the standards for measurement for land surveys and add rules regarding preparing and recording U.S. Public Land Survey Corner Certificates.
Waiver of these rules can be sought pursuant to 193C— Chapter 7, “Waivers or Variances from Rules.”
Notice of Intended Action was published in the Iowa Administrative Bulletin on October 20, 1999, as ARC 9436A. The following change has been made based upon public comment: The phrase “but not limited to” has been added to subparagraphs 2.8(3)“c”(1) and (2) to clarify that thecriteria listed are the minimum requirements and not all–inclusive.
These amendments are intended to implement Iowa Code sections 355.3 and 542B.2.
These amendments will become effective February 16, 2000.
The following amendments are adopted.
ITEM 1. Amend subrule 2.5(3) as follows:
2.5(3) The plat shall show and identify all monuments necessary for the location of the parcel and shall indicate whether such monuments were found or placed and shall include an accurate description of each monument consisting of but not limited to size, shape, material type, capped with license number, and color as applicable.
ITEM 2. Amend rule 193C—2.6(542B) as follows:
193C—2.6(542B) Measurements.
2.6(1) and 2.6(2) No change.
2.6(3) The unadjusted closure for all closed traverse surveys shall be not greater than 1 in 5,000 and, for subdivisions subdivision boundaries, 1 in 10,000.
2.6(4) No change.
2.6(5) The unadjusted error of field measurements shall not be greater than 1 in 5,000.
2.6(6) The relative positional tolerance at the 95 percent confidence level shall be as follows:
a. For subdivision boundaries: ±(0.13 feet + 1:10,000).
b. For all other land surveying: ±(0.26 feet + 1:5,000).
2.6(5 7) Bearings or angles on any property survey plat shall be shown to the nearest one minute; distance shall be shown to the nearest one–tenth foot.
ITEM 3. Amend 193C—Chapter 2 by adopting the following new rule:
193C—2.8(355) U.S. Public Land Survey Corner Certificate.
2.8(1) A corner is considered a part of the U.S. Public Land Survey System if it has the status of a corner of a:
a. Quarter–quarter section or larger aliquot part of a section.
b. Fractional quarter–quarter section or larger fractional part of a section.
c. Government lot.
2.8(2) A U.S. Public Land Survey Corner Certificate shall be prepared by the surveyor as part of any land surveying which includes the use of a U.S. Public Land Survey System corner if one or more of the following conditions exist:
a. There is no certificate for the corner on file with the recorder of the county in which the corner is located.
b. The surveyor in responsible charge of the land surveying accepts a corner position which differs from that shown in the public records of the county in which the corner is located.
c. The corner monument is replaced or modified in any way.
d. The reference ties in an existing public record are incorrect or missing.
2.8(3) A U.S. Public Land Survey Corner Certificate shall comply with the following requirements:
a. The identity of the corner, with reference to the U.S. Public Land Survey System, shall be clearly indicated.
b. The certificate shall contain a narrative explaining:
(1) The reason for preparing the certificate.
(2) The evidence and detailed procedure used in establishing or confirming the corner position whether found or placed.
(3) The monumentation found or placed perpetuating the corner position with an accurate description of each monument including but not limited to size, shape, material type, capped with license number, and color.
(4) The extent of the search for an existing monument when the corner is reset as obliterated or lost.
c. The certificate shall contain a plan–view drawing depicting:
(1) Relevant monuments including, but not limited to, the reference monumentation and an accurate description thereof.
(2) Physical surroundings including, but not limited to, highway and street center lines, fences, structures and other artificial or natural objects as applicable that would facilitate recovery of the corner.
(3) Reference ties in sufficient detail to enable recovery of the corner. There shall be at least three reference ties from the corner to durable physical objects near the corner which are located so that the intersection of any two of the ties will yield a strong corner position recovery. All ties shall be measured to one–hundredth of a foot.
d. The certificate shall contain a certification statement, seal, signature and date by the surveyor in accordance with rule 193C—1.30(542B).
2.8(4) The surveyor shall record the required U.S. Pub–lic Land Survey Corner Certificate and forward a copy to the
county engineer of the county in which the corner is located within 30 days after completion of the surveying.

[Filed 12/21/99, effective 2/16/00]
[Published 1/12/00]
EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 1/12/00.






ARC 9602A
GENERAL SERVICES DEPARTMENT[401]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 17A.3 and 18.27, the Department of General Services hereby amends Chapter 5, “Printing Division,” Iowa Administrative Code.
The amendment sets the maximum allowable fees newspapers may charge to publish public notices, orders, citations, or other official publications in Fiscal Year 2001, beginning July 1, 2000.
Notice of Intended Action and a fiscal impact statement were published in the Iowa Administrative Bulletin on November 17, 1999, as ARC 9471A. One comment was received from the public in support of the amendment.
The amendment is intended to implement Iowa Code section 618.11 which requires the Superintendent of Printing to annually review and adjust allowable fees paid to newspapers for publications required or allowed by law.
The amendment is identical to that published under Notice of Intended Action.
This amendment will become effective on February 16, 2000.
The following amendment is adopted.

Amend rule 401—5.21(618) as follows:
401—5.21(618) Fees paid to newspapers. The fees paid to newspapers for official publications, notices, orders, citations or other publications required or allowed by law shall not exceed the following rates:
1. Fiscal year 1999—31 cents for one insertion and 21 cents for each subsequent insertion, for each line of eight–point type two inches in length, or its equivalent.
2 1. Fiscal year 2000—33 cents for one insertion and 23 cents for each subsequent insertion, for each line of eight–point type two inches in length, or its equivalent.
2. Fiscal year 2001—34 cents for one insertion and 23 cents for each subsequent insertion, for each line of eight–point type two inches in length, or its equivalent.

[Filed 12/22/99, effective 2/16/00]
[Published 1/12/00]
EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 1/12/00.
ARC 9609A
INSURANCE DIVISION[191]
Adopted and Filed
Pursuant to the authority of Iowa Code section 508.35(3)“a”(3)(c), the Insurance Division hereby adopts 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, these rules contain new tables of select mortality factors.
Notice of Intended Action was published in the Iowa Administrative Bulletin on September 8, 1999, as ARC 9345A. A public hearing was held on September 28, 1999. These rules are identical to those published under Notice of Intended Action.
These rules were adopted by the Insurance Division on October 13, 1999.
These rules are intended to implement Iowa Code section 508.35(3)“a”(3)(c).
These rules shall become effective February 16, 2000.
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 47] is being omitted. These rules are identical to those published under Notice as ARC 9345A, IAB 9/8/99.
[Filed 12/23/99, effective 2/16/00]
[Published 1/12/00]
[For replacement pages for IAC, see IAC Supplement 1/12/00.]
ARC 9606A
PROFESSIONAL LICENSURE DIVISION[645]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 147.76 and 272C.3, the Board of Dietetic Examiners hereby amends Chapter 80, “Board of Dietetic Examiners,” Iowa Administrative Code.
Items 1 and 2 pertain to changes in the process for examination completion and obtaining a temporary license. These amendments revise the process for obtaining a temporary license to be consistent with the changes in the process for completion of the required examination. The examination required for licensure candidates in Iowa is the Commission on Dietetic Registration (CDR) examination. The CDR examination has been changed to an automated format to increase accessibility for candidates to complete the examination.
Items 3 through 7 revise the continuing education requirements to be consistent with the new CDR process for recertification. The new requirements will allow for the consideration of additional continuing education activities that may not currently be recognized for continuing education credit in Iowa, if the activities are included in the individual licensee’s CDR professional development portfolio.
Item 8 revises the dates pertaining to the review and response to continuing education applications.
Item 9 revises the record retention and reporting requirement for continuing education providers.
Notice of Intended Action was published in the Iowa Administrative Bulletin on October 6, 1999, as ARC 9408A. A public hearing was held on October 26, 1999, from10 a.m. to 12 noon in the Fifth Floor Conference Room, Department of Public Health, Bureau of Professional Licensure, Lucas State Office Building, Des Moines, Iowa. There were no written or oral comments received in response to the proposed amendments. These amendments are identical to the Notice of Intended Action.
These amendments were adopted by the Board of Dietetic Examiners at a Board meeting on December 10, 1999.
These amendments will become effective February 16, 2000.
These amendments are intended to implement Iowa Code chapters 152A and 272C and Iowa Code section 147.55.
The following amendments are adopted.
ITEM 1. Amend subrule 80.5(1) as follows:
80.5(1) An applicant who will be taking the written examination at the next regularly scheduled examination within four months following graduation may be granted a temporary license if evidence of completion of the required academic and experience requirements for licensure is included with the application to the board. The applicant must provide verification of the date of the scheduled examination to the board.
ITEM 2. Amend subrule 80.5(4) as follows:
80.5(4) Applicants shall notify the board, in writing, submit a notarized copy of the results of the examination within two weeks of receipt of the results. Results shall be sent to the Board of Dietetic Examiners, Department of Public Health, Lucas State Office Building, Fourth Fifth Floor, Des Moines, Iowa 50319–0075.
ITEM 3. Amend subrule 80.100(4) as follows:
80.100(4) Hours of continuing education credit may be obtained by attending and participating in a continuing education activity program offered within the state of Iowa which has prior approval by the board. , or through participation in other types of activities identified in the individual licensee’s professional development portfolio for Commission on Dietetic Registration (CDR) certification. Programs or activities not otherwise prior approved by the board shall be subject to approval in the event of an audit.
ITEM 4. Amend subrule 80.101(1) as follows:
80.101(1) Obtaining continuing education. Hours of continuing education credit may be obtained by one of the following:
a. attending Attending and participating in a continuing education activity offered within the state of Iowa which has prior approval by the board. If the continuing education activity is attended outside the state of Iowa, the continuing education hours can be accrued if the session meets the criteria of the board for subject matter. and is approved by the Commission on Dietetic Registration of the American Dietetic Association.
b. Attending or participating in continuing education activities that are identified to meet specified objectives in conjunction with the Commission on Dietetic Registration (CDR) professional development portfolio for the licensee. Programs or activities not otherwise approved by the board shall be subject to approval in the event of an audit.
ITEM 5. Amend subrule 80.101(2) by adopting the following new paragraph “d”:
d. Dietetic practice related to community health care needs.
ITEM 6. Amend subrule 80.101(3) as follows:
80.101(3) Standards for approval of continuing professional education, programs and activities. Program offerings must be conducted by individuals who have specialized education, training and experience by reason of which said individuals should be considered experts concerning the subject matter of the program. A continuing education activity shall be qualified for approval if the board determines that:
a. It constitutes an organized program of learning (including a workshop or symposium) which contributes directly to the professional competency of the licensee; and
b. It pertains to subject matters which relate integrally to the practice of dietetics. and is in compliance with the continuing education guidelines of the board; and
c. It is conducted by individuals who have a special education, training and experience by reason of which said individuals should be considered experts concerning the subject matter of the program.
ITEM 7. Adopt the following new subrule:
80.101(8) Other professional education activities. Unless otherwise addressed in these rules, activities designed to address learning needs documented in the individual licensee’s CDR professional development portfolio will be reviewed based on the following:
1. A narrative of how the activity relates to the individual learning plan.
2. A summary of how the activity will be evaluated to ensure achievement of the planned outcomes.
ITEM 8. Amend subrule 80.102(1) as follows:
80.102(1) Prior approval of activities. An organization or person which that seeks prior approval of a course, or program program, or activity shall apply to the board for approval on a form provided by the board at least 60 30 days in advance of the commencement of the activity. The application shall state the dates, subjects offered, objectives for the activity, total hours of instruction, names and qualifications of speakers and other pertinent information. The board shall approve or deny such application within 90 60 days of receipt of the application. The provider shall submit an attendance list of Iowa–licensed persons attending within 30 days after the conclusion of the program to the board office.
ITEM 9. Amend rule 645—80.104(152A) as follows:
645—80.104(152A) Report of providers and retention of records. Retention of continuing education records. Each continuing education provider shall submit a list maintain a record by course offering of Iowa–licensed dietitians and number of continuing education hours earned on a form provided by the board within 30 days after the program is completed for a minimum of four years from the date of the program. The licensee shall maintain a record of proof of attendance at each continuing education program for a period of at
least four years from the date of completing the continuing education.

[Filed 12/23/99, effective 2/16/00]
[Published 1/12/00]
EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 1/12/00.
ARC 9608A
REVENUE AND FINANCE DEPARTMENT[701]
Adopted and Filed
Pursuant to the authority of Iowa Code section 421.14, the Department of Revenue and Finance hereby adopts amendments to Chapter 39, “Filing Return and Payment of Tax,” Chapter 40, “Determination of Net Income,” Chapter 42, “Adjustments to Computed Tax,” Chapter 43, “Assessments and Refunds,” and Chapter 46, “Withholding,” Iowa Administrative Code.
Notice of Intended Action was published in IAB Volume XXII, Number 10, page 806, on November 17, 1999, as ARC 9487A.
Item 1 amending subrule 39.2(4) specifies when interest is to start to accrue on overpayments on individual income tax returns when the returns are filed in the six–month extended period after the due date and at least 90 percent of the income tax liability was paid by the due date.
Item 2, which adopts new subrule 40.18(9), provides that net operating losses from farm businesses for tax years beginning on or after January 1, 1998, may be carried back five years. The amendment also provides that in cases where taxpayers have net operating losses from farm businesses and make a valid federal election to carry back the net operating losses two or three years, the taxpayers can carry back the net operating losses two or three years for Iowa income tax purposes.
Item 3, which amends subrule 42.2(6), provides that the 1998 changes in the federal research activities credit are applicable in computing the Iowa credit for increasing research activities that is available for individual taxpayers. Also, in Item 3, new subrule 42.2(10) describes the Investment Tax Credit that is directly related to new jobs created by the location and expansion of an eligible business. This credit is granted for the purchase of machinery or equipment or the cost of real property, buildings, structures or improvements to real property that are involved in the expansion of a business. In addition, this subrule provides that if a taxpayer, within five years of purchase of a property for which an investment credit was claimed, sells, disposes of, razes, or otherwise renders unusable, all or a part of the property, the income tax liability of the taxpayer is increased by an amount shown in a schedule included in the subrule.
Item 4 amends the rule for livestock production refunds for certain cow–calf operations so the refunds for the cow–calf operations are determined solely on the number of certain types of cattle in inventory on December 31 of the tax year.
In Item 5, new paragraph “e” is added to subrule 46.3(3) to describe the Verified Summary of Payments Report that is to be filed with the Department of Revenue and Finance by the end of the second month following the year in which Iowa income tax was withheld. The new paragraph shows how the Verified Summary of Payments Report is to be filed and to show if and when W–2 forms and 1099 forms are to be submitted with the summary report.
These amendments are identical to those published under Notice of Intended Action.
These amendments will become effective February 16, 2000, after filing with the Administrative Rules Coordinator and publication in the Iowa Administrative Bulletin.
These amendments are intended to implement Iowa Code chapter 422 as amended by 1999 Iowa Acts, chapters 95 and 151, and Iowa Code section 15.333 as amended by 1999 Iowa Acts, chapter 172.
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 [39.2, 40.18, 42.2, 43.8, 46.3] is being omitted. These amendments are identical to those published under Notice as ARC 9487A, IAB 11/17/99.
[Filed 12/23/99, effective 2/16/00]
[Published 1/12/00]
[For replacement pages for IAC, see IAC Supplement 1/12/00.]
ARC 9593A
TRANSPORTATION DEPARTMENT[761]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 307.10 and 307.12, the Department of Transportation, on December 14, 1999, adopted amendments to Chapter 830, “Rail Assistance Program,” and adopted new Chapter 831, “Railroad Revolving Loan Fund,” Iowa Administrative Code.
Notice of Intended Action for these amendments was published in the October 20, 1999, Iowa Administrative Bulletin as ARC 9427A.
The amendments to Chapter 830 delete obsolete provisions and update the names of the Department offices that receive applications for rail assistance projects and rail economic development projects. Waiver provisions are not applicable.
New Chapter 831 implements the Railroad Revolving Loan Fund Program. The railroad revolving loan fund is established in Iowa Code section 327H.20A. The program provides funding in the form of loans for railroad–related improvement projects. This chapter does not provide for waivers because the chapter’s provisions are written broadly and are meant to cover a wide variety of projects.
These amendments are identical to those published under Notice of Intended Action.
These amendments are intended to implement Iowa Code chapter 327H.
These amendments will become effective February 16, 2000.
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 [830.2(2), 830.3(1), 830.3(2), 830.4(2), 830.4(4)“b,” 830.6(4), 830.6(5), Ch 831] is being omitted.
These amendments are identical to those published under Notice as ARC 9427A, IAB 10/20/99.
[Filed 12/14/99, effective 2/16/00]
[Published 1/12/00]
[For replacement pages for IAC, see IAC Supplement 1/12/00.]
ARC 9595A
VOTER REGISTRATION COMMISSION[821]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 47.8 and 17A.3, the Voter Registration Commission hereby amends Chapter 1, “Organization, Purpose, Procedures and Definitions,” Iowa Administrative Code.
This amendment updates the rule to conform to Iowa Code section 47.7(1), which was amended to change the person designated to be the State Registrar of Voters from the senior administrator of the applications, systems and programming division of the Department of General Services to the State Commissioner of Elections.
Notice of Intended Action was published in the October 20, 1999, Iowa Administrative Bulletin as ARC 9431A. The adopted amendment is identical to the one published under Notice.
This amendment was approved by the Voter Registration Commission on December 16, 1999.
This amendment will become effective on February 16, 2000.
This amendment is intended to implement Iowa Code section 47.7(1).
The following amendment is adopted.

Amend rule 821—1.2(47) as follows:
821—1.2(47) State registrar of voters. The senior administrator of the applications, systems and programming division of the department of general services state commissioner of elections is designated the state registrar of voters. The state registrar is responsible for the regulation of the preservation, preparation and maintenance of voter registration records and the preparation of precinct election registers for all elections administered by any county commissioner of elections. This regulation activity is in accordance with the policies of the voter registration commission.
This rule is intended to implement Iowa Code section 47.7(1).

[Filed 12/16/99, effective 2/16/00]
[Published 1/12/00]
EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 1/12/00.



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