Pages 1401 to 1416 include ARC 9730A to ARC 9747A

Administrative rules review committee 1393

Schedule for rule making 1391

Publication procedures 1392

Administrative rules on CD–ROM 1392

Agency identification numbers 1399

Citation of administrative rules 1398

Notice 1401

Filed, Discrimination in housing, 9.6, 9.10(1)
ARC 9730A 1409

Filed Emergency, Low–income home energy
assistance program, 10.4 ARC 9736A 1407

Filed, Enhanced wireless 911 service plan,
10.7 ARC 9740A 1409

Filed, Title V operating permit fee, 22.106(1)
ARC 9745A 1410

Filed, Emissions standards for contaminants,
23.1(4) ARC 9744A 1410

Executive Order Number 14 1417

Filed Emergency, Terrace Hill commission,
14.1 to 14.3, 14.7(3) ARC 9731A 1407

Notice, Income from self–employment,
40.21, 40.27(2), 41.27, 75.50, 75.52(2),
75.57 ARC 9737A 1401

Amended Notice, AEA services under Medicaid,
78.32 ARC 9738A 1402

Notice, Asbestos removal and encapsulation,
rescind chs 81, 82; adopt ch 155 ARC 9741A 1403

Notice, Risk–based corrective action deadline,
11.1 ARC 9747A 1405

Filed, Fees, 3.2 ARC 9732A 1412

Filed, Pharmacist preceptor, 4.1 ARC 9733A 1413

Filed, Disposal of waste materials with patient–
specific or confidential information; patient
counseling, 8.5(5), 8.20(2), 8.32(6)
ARC 9734A 1413

Filed, Discipline, 36.1(4)“k” ARC 9735A 1414

Notice Terminated, Waivers or variances
from administrative rules, ch 18 ARC 9743A 1405

Summarized list 1396

Filed, Business conduct, 1.1, 1.27, 1.41,
1.42(6) ARC 9739A 1414

Notice Terminated, Signature requirements
for supervisor candidates, 21.601
ARC 9742A 1406

Notice—Public funds interest rates 1406

Filed, Extension of administrative
contribution surcharge, 23.40(2)“a”
ARC 9746A 1416

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

__________________________________

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

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Fax: (515)281–4424

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

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

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

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

Iowa Administrative Code - $1,163.76 plus $58.19 sales tax

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

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

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

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

TO: Administrative Rules Coordinators and Text Processors of State Agencies

FROM: Kathleen K. Bates, Iowa Administrative Code Editor

SUBJECT: Publication of Rules in Iowa Administrative Bulletin

The Administrative Code Division uses Interleaf 6 to publish the Iowa Administrative Bulletin and can import documents directly from most other word processing systems, including 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:

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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.

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Containing: Iowa Administrative Code (updated through December 1999)
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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

The Administrative Rules Review Committee will hold a special meeting on Friday, April 7, 2000, at 8 a.m. in Room 118, State Capitol, Des Moines, Iowa. The following rules will be reviewed:

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.

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

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]

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]

ELDER AFFAIRS DEPARTMENT[321]

EXECUTIVE COUNCIL[361]

GENERAL SERVICES DEPARTMENT[401]

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]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

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]

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]

REGENTS BOARD[681]

Archaeologist[685]

REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]

SECRETARY OF STATE[721]

TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]

TREASURER OF STATE[781]

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Labor Services Division[875]

Workers’ Compensation Division[876]

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

Pursuant to Iowa Code section 668A.1(2b), money from the civil reparations trust fund is available for use for indigent civil litigation programs or insurance assistance programs. The civil reparations trust fund balance as of December 31, 1999, was $72,041.28. Applications forms areavailable in the office of the state treasurer by contacting GeorgAnna Madsen, Administrative Secretary, Room 114, State Capitol, Des Moines, Iowa 50319; telephone (515)281–5368. Applications must be filed on the thirtieth day after the date of publication in the Iowa Administrative Bulletin, or on the thirtieth day after the date affixed to the notice sent by first–class mail, whichever is later. Any person or company that would like to receive future notices should make a request in writing to the above–mentioned contact. Rules regarding the civil reparations trust fund can be found at 361 IAC Chapter 12.

Pursuant to the authority of Iowa Code sections 239B.4 and 249A.4, the Department of Human Services proposes to amend Chapter 40, “Application for Aid,” Chapter 41, “Granting Assistance,” and Chapter 75, “Conditions of Eligibility,” appearing in the Iowa Administrative Code.

These amendments clarify the definition of “change in income” and the requirements regarding reporting and verification of changes in income and the determination of income from self–employment.

An applicant or recipient is required to report and provide verification of changes in income, which include hours worked, rate of pay, and beginning or ending employment. These amendments make it clearer that reporting and verification are required when there is any change in income. The change also clarifies that income from self–employment is determined by subtracting expenses from gross income.

These amendments do not provide for a waiver in anyspecified situations because reporting and verification of changes in income should always be required, and because income from self–employment should be determined in the same way for all applicants and recipients. Individuals may request waivers in exceptional situations pursuant to the Department’s general rule on exceptions at rule 441—1.8(217).

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 April 12, 2000.

These amendments are intended to implement Iowa Code chapter 239B and Iowa Code section 249A.4.

The following amendments are proposed.

ITEM 1. Amend rule 441—40.21(239B), definition of “change in income,” as follows:

“Change in income” means a permanent change in hours worked, or rate of pay, any change in the amount of unearned income, or the beginning or ending of any income.

ITEM 2. Amend subrule 40.27(2), paragraph “a,” as follows:

a. The recipient reports a change in circumstances (for example, a change in income, as defined at rule 441— 40.21(239B)), or

ITEM 3. Amend rule 441—41.27(239B) as follows:

Amend subrule 41.27(1), paragraph “i,” as follows:

i. The applicant or recipient shall cooperate in supplying verification of all unearned income and of any change in income, as defined at rule 441—40.21(239B). When the information is available, the local county office shall verify job insurance benefits by using information supplied to the department by the department of workforce development. When the local county office uses this information as verification, job insurance benefits shall be considered received the second day after the date that the check was mailed by workforce development. When the second day falls on a Sunday or federal legal holiday, the time shall be extended to the next mail delivery day. When the client notifies the local county office that the amount of job insurance benefits used is incorrect, the client shall be allowed to verify the discrepancy. A payment adjustment shall be made when indicated. Recoupment shall be made for any overpayment. The client must report the discrepancy prior to the payment month or within ten days of the date on the Notice of Decision, Form PA–3102–0, applicable to the payment month, whichever is later, in order to receive a payment adjustment.

Amend subrule 41.27(2), introductory paragraph, as follows:

41.27(2) Earned income. Earned income is defined as income in the form of a salary, wages, tips, bonuses, commission earned as an employee, income from Job Corps, or profit from self–employment. Earned income from commissions, wages, tips, bonuses, Job Corps, or salary means the total gross amount irrespective of the expenses of employment. With respect to self–employment, earned income means the net profit determined by comparing from self–employment, defined as gross income with less the allowable costs of producing the income. Income shall be considered earned income when it is produced as a result of the performance of services by an individual.

Further amend subrule 41.27(2), paragraph “q,” as follows:

q. The applicant or recipient shall cooperate in supplying verification of all earned income and of any change in income, as defined at rule 441—40.21(239B). A self–employed individual shall keep any records necessary to establish eligibility.

ITEM 4. Amend rule 441—75.50(249A), definition of “change in income,” as follows:

“Change in income” means a permanent change in hours worked, or rate of pay, any change in the amount of unearned income, or the beginning or ending of any income.

ITEM 5. Amend subrule 75.52(2), paragraph “a,” as follows:

a. The recipient reports a change in circumstances (for example, a change in income, as defined at rule 441— 75.50(249A)), or

ITEM 6. Amend rule 441—75.57(249A) as follows:

Amend subrule 75.57(1), paragraph “f,” as follows:

f. The applicant or recipient shall cooperate in supplying verification of all unearned income and of any change in income, as defined at rule 441—75.50(249A). When the information is available, the county office shall verify job insurance benefits by using information supplied to the department by Iowa workforce development. When the county office uses this information as verification, job insurance benefits shall be considered received the second day after the date that the check was mailed by Iowa workforce development. When the second day falls on a Sunday or federal legal holiday, the time shall be extended to the next mail delivery day. When the client notifies the county office that the amount of job insurance benefits used is incorrect, the client shall be allowed to verify the discrepancy. The client must report the discrepancy prior to the eligibility month or within ten days of the date on the Notice of Decision, Form PA–3102–0, applicable to the eligibility month, whichever is later.

Amend subrule 75.57(2), introductory paragraph, as follows:

75.57(2) Earned income. Earned income is defined as income in the form of a salary, wages, tips, bonuses, commission earned as an employee, income from Job Corps, or profit from self–employment. Earned income from commissions, wages, tips, bonuses, Job Corps, or salary means the total gross amount irrespective of the expenses of employment. With respect to self–employment, earned income means the net profit determined by comparing from self–employment, defined as gross income with less the allowable costs of producing the income. Income shall be considered earned income when it is produced as a result of the performance of services by an individual.

Further amend subrule 75.57(2), paragraph “l,” as follows:

l. The applicant or recipient shall cooperate in supplying verification of all earned income and of any change in income, as defined at rule 441—75.50(249A). A self–employed individual shall keep any records necessary to establish eligibility.

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services hereby gives Notice of Intended Action that public hearings as set forth below will be held in order to receive oral or written comments on amendments to rule 441—78.32(249A) which revise the coverage of area education agency services under Medicaid. These amendments were published under Notice of Intended Action in the Iowa Administrative Bulletin on January 26, 2000, as ARC 9613A.

Oral presentations may be made by persons appearing at the following meetings. Written comments will also be accepted at these times.

Cedar Rapids – April 12, 2000 10 a.m.

Cedar Rapids Regional Office

Iowa Building – Suite 600

Sixth Floor Conference Room

411 Third St. S.E.

Cedar Rapids, Iowa 52401

Council Bluffs – April 12, 2000 9 a.m.

Administrative Conference Room

Council Bluffs Regional Office

417 E. Kanesville Boulevard

Council Bluffs, Iowa 51501

Davenport – April 13, 2000 10 a.m.

Davenport Area Office

Bicentennial Building – Fifth Floor

Large Conference Room

428 Western

Davenport, Iowa 52801

Des Moines – April 12, 2000 10 a.m.

Des Moines Regional Office

City View Plaza

Conference Room 104

1200 University

Des Moines, Iowa 50314

Mason City – April 12, 2000 11 a.m.

Mason City Area Office

Mohawk Square, Liberty Room

22 North Georgia Avenue

Mason City, Iowa 50401

Ottumwa – April 12, 2000 10 a.m.

Ottumwa Area Office

Conference Room 3

120 East Main

Ottumwa, Iowa 52501

Sioux City – April 12, 2000 1:30 p.m.

Sioux City Regional Office

Fifth Floor

520 Nebraska St.

Sioux City, Iowa 51101

Waterloo – April 12, 2000 10 a.m.

Waterloo Regional Office

Pinecrest Office Building

Conference Rooms 443–445

1407 Independence Avenue

Waterloo, Iowa 50703

Any persons who intend to attend a public hearing and have special requirements such as hearing or vision impairments should contact the Office of Policy Analysis at (515)281–8440 and advise of special needs.

Pursuant to the authority of Iowa Code sections 88B.3, 91.6, 252J.8, and 261.126, the Labor Commissioner hereby gives Notice of Intended Action to rescind Chapter 81, “Asbestos Control Procedures,” and Chapter 82, “Licensing of Business Entities, Licensing of Training Courses, and Worker Certification,” and to adopt new Chapter 155, “Asbestos Removal and Encapsulation,” Iowa Administrative Code.

Chapter 155 describes regulation of asbestos removal and encapsulation. The rules are intended to replace the existing rules in Chapters 81 and 82; reduce the likelihood of fraudulent applications; implement Iowa Code chapters 252J and 261; allow filing of ten–day notices by facsimile; make rules clearer; make technical changes; provide a fee for issuance of a duplicate license or permit; expand the project records retained by permittees; make rules more consistent with current forms and other requirements; and prohibit training providers who are also license holders from training themselves.

If requested no later than April 7, 2000, by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having not less than 25 members, a public hearing will be held on April 11, 2000, at 1:30 p.m. at 1000 East Grand Avenue, Des Moines, Iowa. Interested persons will be given the opportunity to make oral statements and file documents concerning the proposed amendments. The facility for the oral presentations is accessible to and functional for persons with physical disabilities. Persons who have special requirements should call (515)242–5869 in advance to arrange access or other needed services.

Written data, views, or arguments to be considered in adoption shall be submitted by interested persons no later than April 11, 2000, to Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319–0209.

The Division of Labor Services will issue a regulatory analysis as provided by 1998 Iowa Acts, chapter 1202, section 10, if a written request is submitted no later than April 24, 2000, to Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319. The request may be made by the Administrative Rules Review Committee, the Administrative Rules Coordinator, at least 25 persons who each qualify as a small business, or an organization representing at least 25 small businesses. The organization shall list the names, addresses and telephone numbers of not less than 25 small businesses it represents.

These amendments will not necessitate combined expenditures exceeding $100,000 by all political subdivisions or agencies and entities that contract with political subdivisions to provide services.

These amendments are intended to implement Iowa Code chapters 88B, 252J and 261.

The following amendments are proposed.

ITEM 1. Rescind and reserve 875—Chapters 81 and 82.

ITEM 2. Adopt the following new chapter:

CHAPTER 155
ASBESTOS REMOVAL AND ENCAPSULATION

“Asbestos” means material containing at least 1 percent by weight of chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos or any combination of these minerals. Chemical treatment or alteration does not exempt the material from this definition.

“Asbestos project” means any activity involving the removal or encapsulation of friable asbestos materials, other releases of asbestos such as by the operation of hand–operated or power–operated tools that may produce or release fibers of asbestos, or other substantial alteration ofasbestos–containing, nonfriable material. Any activities which do not qualify as construction pursuant to rule 875— 150.2(91C) are not asbestos projects.

“Business entity” means a partnership, firm, association, corporation, sole proprietorship, or other business concern. A business entity that uses its own employees in removing or encapsulating asbestos for the purpose of renovating, maintaining or repairing its own facilities is not included.

“Contractor/supervisor” means a person who supervises workers on asbestos projects or a person who enters into contracts to perform asbestos projects and personally completes the work.

“Division” means the division of labor services.

“Friable asbestos material” means any material containing more than 1 percent asbestos by weight and that can be crumbled, pulverized, or reduced to powder by hand pressure when dry.

“Inspector” means a person who inspects for asbestos–containing building materials in a school or a public or commercial building.

“License” means an authorization issued by the division permitting an individual to be employed as a worker,contractor/supervisor, inspector, management planner, or project designer, or combination thereof.

“Management planner” means a person who prepares asbestos management plans for a school building.

“Permit” means an authorization issued by the division permitting a business entity to remove or encapsulate asbestos.

“Project designer” means a person who designs asbestos response or maintenance projects for a school or a public or commercial building.

“Worker” means a person who performs response or maintenance activities on one or more asbestos projects.

155.2(1) Application. To apply for or to renew a permit, a business entity shall submit a completed application Form 309–6504 to the division. All requested applicable information and attachments must be provided. A $500 nonrefundable application fee shall accompany each permit application.

155.2(2) Action on application. A permit shall be valid for one year from the date of issuance. A permit may be denied for the reasons set forth in rule 155.8(17A,88B,252J, 261) or if the application package is incomplete. If within 60 days after receiving a completed application for a new permit the division has not issued a permit or denied the permit application, the application is deemed denied. If within 30 days after receiving a completed application for a permit renewal the division has not issued a renewal or denied the application, the application is deemed denied. Applications received after expiration of a prior permit will be considered applications for new permits rather than renewals.

875—155.3(88B) Other asbestos regulations. Regulation of encapsulation, removal and abatement procedures are found in 875—Chapters 10 and 26 and 567—Chapter 23.

875—155.4(88B) Asbestos project records. The permittee shall keep a record of each asbestos project it performs and shall make the record available to the division at any reasonable time. Records required by this rule shall be kept for at least six years. The records shall include:

155.4(1) The name, address, and license number of the individual who supervised the asbestos project and of each employee or agent who worked on the project.

155.4(2) The location and a description of the project and the amount of asbestos material that was removed.

155.4(3) The start and completion dates of each instance of removal or encapsulation.

155.4(4) A summary of the procedures that were used to comply with all applicable standards.

155.4(5) The name and address of each asbestos disposal site where the asbestos–containing waste was deposited.

155.4(6) A receipt from the asbestos disposal site indicating the amount of asbestos and disposal date.

155.4(7) Copies of reports required by 29 CFR 1926.1101(k)(3)(iii).

155.4(8) Copies of air sampling results or initial negative assessment as required by 29 CFR 1926.1101(c).

155.4(9) Material safety data sheets for all solvents used on the asbestos project.

155.5(1) General. Permittees shall notify the division at least ten working days before an asbestos project begins. A project begins when site preparations begin; when asbestos abatement, encapsulation, or removal begins; or when dem–olition begins, whichever is sooner. The division is considered notified when the notice is received in the division’s office. Notices may be sent by facsimile transmission to (515)281–7995.

155.5(2) Emergency. When there is an immediate danger to life, health or property, the permittee may file the notice within five days after beginning the project. An explanation of the emergency must be included.

155.5(3) Format. The notice shall be on an 8½I by 11I sheet of paper and shall contain the following information:

a. The name, address, and telephone number of and contact person for the permittee performing the project.

b. The name, address, and telephone number of theproject.

c. A description of the structure and work to be performed.

d. The anticipated dates of the project’s start and end.

e. Designation of the asbestos disposal site.

f. The signature and printed name of the person who completed the form.

g. The shift or work schedule on which the project will be performed.

155.6(1) Forms. Iowa Form 309–2068 must be used for all new and renewal asbestos license applications. The second page of the form is the respirator fit test and the third page is a physician’s certification. Forms from other states may not be substituted for the Iowa form or any part thereof. Respirator fit tests and medical examinations must haveoccurred within the past 12 months. Only worker andcontractor/supervisor license applicants must submit the respirator fit test and physician’s certification forms. Photocopies of the forms shall not be accepted.

155.6(2) Training. A certificate of appropriate training from a course provider approved for asbestos training by the U.S. Environmental Protection Agency must accompany all applications. Applicants for a license must be trained by a training provider other than their own employer.

155.6(3) Photographs. Two passport–sized (1½I by 1½I) photographs clearly showing the applicant’s face shall accompany all license applications received after July 1, 2000.

155.6(4) Worker licenses. All persons seeking a license as an asbestos abatement worker shall complete an initial three–day training course and thereafter complete an annual one–day asbestos abatement worker refresher training course. A nonrefundable fee of $20 shall accompany the application.

155.6(5) Contractor/supervisor licenses. All persons seeking a license as an asbestos abatement contractor/supervisor shall complete an initial four–day training course and thereafter complete an annual one–day asbestos abatement contractor/supervisor refresher training course. A nonrefundable fee of $50 shall accompany the application.

155.6(6) Inspector licenses. All persons seeking a license as an asbestos inspector shall complete an initial three–day training course and thereafter complete an annual one–half–day asbestos inspector refresher training course. A nonrefundable fee of $20 shall accompany the application.

155.6(7) Management planner licenses. All persons seeking a license as an asbestos management planner shall complete an initial three–day inspector training course and an initial two–day management planning training course. Thereafter, an annual one–half–day asbestos inspector refresher training course plus an additional one–half–day course on management planning is required. A nonrefundable fee of $20 shall accompany the application.

155.6(8) Abatement project designer licenses. All persons seeking a license as an asbestos abatement project designer shall complete either an initial three–day abatement project designer training course or an initial four–day asbestos abatement contractor/supervisor training course. Thereafter, an annual one–day asbestos abatement project designer refresher training course is required. A nonrefundable fee of $50 shall accompany the application.

155.6(9) Action on application. If a license is issued, it will expire one year from the date the training was completed. An application may be denied for the reasons set forth in rule 155.8(17A,88B,252J,261) or if the application package is incomplete. If within 30 days after receiving a completed application the division has not issued a license or denied the license application, the application is deemed denied.

155.6(10) License on job site. While conducting asbestos work that requires a license, the license or a legible copy of the license shall be in the licensee’s possession at the work site.

875—155.7(88B) Duplicate permits and licenses. Duplicate original permits and licenses are available from the division for a $10 fee.

155.8(1) Grounds. The division may deny an application or suspend or revoke a permit or license when an investigation reasonably determines any of the following:

a. Fraud or deception was utilized in obtaining or attempting to obtain a permit or license.

b. The qualifications for a permit or license are not met.

c. Any applicable federal or state standard for removal or encapsulation of asbestos was violated.

d. An unlicensed or untrained person was employed or allowed to work on an asbestos project.

e. The division received a certificate of noncompliance from the college student aid commission or the child support recovery unit of the department of human services.

f. Penalties or other debts are owed by the applicant to the division and are 30 days or more in arrears.

155.8(2) Relinquishing license or permit upon revocation. Licensees and permittees must return the original license or permit to the division when a revocation or suspension becomes final.

155.8(3) Suspension period. Unless ordered otherwise, a suspension shall last for 12 months.

155.9(1) Scope. This rule applies to civil penalty assessments and to denials, revocations and suspensions of asbestos licenses and permits.

155.9(2) Procedures. The labor commissioner shall serve a notice of intended action by restricted certified mail, return receipt requested, or by other service as permitted by Iowa Code section 17A.8. A notice of contest must be received by the labor commissioner within 20 days after service of the notice of intended action. If a notice of contest is not timely filed, the action stated in the notice of intended action shall automatically be effective. Hearing procedures for asbestos contested cases are set forth in 875—Chapter 1, Division V. If a contested case is based on receipt by the division of a certificate of noncompliance, procedures outlined in Iowa Code chapter 252J or 261 will apply.

These rules are intended to implement Iowa Code chapters 88B, 252J, and 261.

Pursuant to the authority of Iowa Code section 455G.4(3)“a,” the Iowa Comprehensive Petroleum Underground Storage Tank Fund Board hereby gives Notice of Intended Action to amend Chapter 11, “Remedial Claims,” Iowa Administrative Code.

The proposed amendments are intended to implement an administrative change to the risk–based corrective action deadline imposed by the board. The change will keep the June 30, 2000, deadline in place, but allow the commencement of work to satisfy the requirement as long as there is a contract with a timeline attached that meets the Department of Natural Resources published deadlines.

Public comments concerning the proposed amendments will be accepted until 4 p.m. on April 11, 2000. Interested persons may submit written or oral comments by contacting the Office of the Deputy Commissioner of Insurance, Division of Insurance, 330 Maple Street, Des Moines, Iowa 50319; telephone (515)281–5705.

These amendments do not mandate additional combined expenditures exceeding $100,000 by all affected political subdivisions or agencies and entities which contract with political subdivisions to provide services.

These amendments are intended to implement Iowa Code chapter 455G.

The following amendments are proposed.

ITEM 1. Amend subrule 11.1(3), paragraph “r,” as follows:

r. Compliance with report submittal deadlines. To be eligible for remedial benefits, claimants must comply with all department deadlines for submittal of Tier 1, Tier 2 and corrective action design report (CADR) requirements, as published in 567—Chapter 135, and must, by June 30, 2000, or 180 days after confirmation of a release from the site, whichever is later, submit provide a copy of an executed contract with a certified groundwater professional which contract must include a timetable that meets department deadlines for completion of a Tier 1, and Tier 2 if required, by June 30, 2000, or 180 days after confirmation of a release from the site, whichever is later.

ITEM 2. Amend subrule 11.1(5), paragraph “f,” as follows:

f. Compliance with report submittal deadlines. To be eligible for remedial benefits, claimants must comply with all department deadlines for submittal of Tier 1, Tier 2 and corrective action design report (CADR) requirements, as published in 567—Chapter 135, and must, by June 30, 2000, or 180 days after confirmation of a release from the site, whichever is later, submit provide a copy of an executed contract with a certified groundwater professional which contract must include a timetable that meets department deadlines for completion of a Tier 1, and Tier 2 if required, by June 30, 2000, or 180 days after confirmation of a release from the site, whichever is later.

Pursuant to the authority of Iowa Code section 147.53, the Professional Licensure Division of the Public Health Department terminates the rule making initiated by its Notice of Intended Action published in the Iowa Administrative Bulletin on December 1, 1999, as ARC 9502A, to adopt Chapter 18, “Waivers or Variances from Administrative Rules,” Iowa Administrative Code.

The Notice proposed to adopt Chapter 18, providing a uniform process for the granting of waivers or variances from rules adopted by the Department, in compliance with Executive Order Number 11.

The Division is terminating the rule making commenced in ARC 9502A and will renotice the proposed rules to incorporate further changes to and clarifications of requirements under Executive Order Number 11.

Pursuant to the authority of Iowa Code section 47.1, the Secretary of State terminates the rule making initiated by the Notice of Intended Action published in the Iowa Administrative Bulletin on January 12, 2000, as ARC 9604A to amend Chapter 21, “Election Forms and Instructions,” Iowa Administrative Code, by adopting new rule 21.601(43).

This amendment was also Adopted and Filed Emergency as ARC 9603A. The period for public comment on theNotice has passed. No comments were received. The Secretary finds no further purpose for the continuation of the rule–making process, since the rule is currently in effect. The rule–making process with regard to ARC 9604A is therefore terminated.

In compliance with Iowa Code chapter 74A and section 12C.6, the committee composed of Treasurer of StateMichael L. Fitzgerald, Superintendent of Credit Unions James E. Forney, Superintendent of Banking Holmes Foster, and Auditor of State Richard D. Johnson have established today the following rates of interest for public obligations and special assessments. The usury rate for March is 8.75%.

INTEREST RATES FOR PUBLIC

OBLIGATIONS AND ASSESSMENTS

74A.2 Unpaid Warrants Maximum 6.0%

74A.4 Special Assessments Maximum 9.0%

RECOMMENDED for 74A.3 and 74A.7: A rate equal to 75% of the Federal Reserve monthly published indices for U.S. Government securities of comparable maturities.

The rate of interest has been determined by a committee of the state of Iowa to be the minimum interest rate that shall be paid on public funds deposited in approved financial institutions. To be eligible to accept deposits of public funds of the state of Iowa, a financial institution shall demonstrate a commitment to serve the needs of the local community in which it is chartered to do business. These needs include credit services as well as deposit services. All such financial institutions are required to provide the committee with a written description of their commitment to provide credit services in the community. This statement is available for examination by citizens.

New official state interest rates, effective March 11, 2000, setting the minimums that may be paid by Iowa depositories on public funds are listed below.

TIME DEPOSITS

7–31 days Minimum 5.10%

32–89 days Minimum 5.30%

90–179 days Minimum 5.60%

180–364 days Minimum 5.70%

One year Minimum 5.70%

Two years or more Minimum 6.10%

These are minimum rates only. The one year and less are four–tenths of a percent below average rates. Public body treasurers and their depositories may negotiate a higher rate according to money market rates and conditions.

Inquiries may be sent to Michael L. Fitzgerald, Treasurer of State, State Capitol, Des Moines, Iowa 50319.

Pursuant to the authority of Iowa Code section 216A.92B, the Division of Community Action Agencies hereby amends Chapter 10, “Low–Income Home Energy Assistance Program,” Iowa Administrative Code.

This amendment relates to an extension of the application period for the Low–Income Home Energy Assistance Program, to be effective for calendar year 2000 only. The Division will be receiving emergency energy assistance funds from the federal government, and the amendment will allow applications for energy assistance to be accepted through the last working day of March instead of February.

This amendment was approved by the Commission on Community Action Agencies on February 18, 2000.

In compliance with Iowa Code section 17A.4(2), the Division finds that notice and public participation are impracticable because the allocation of additional federal funds results in the immediate need to extend the application period.

Pursuant to Iowa Code section 17A.5(2)“b”(2), this amendment became effective upon filing on February 28, 2000. The Division finds that this amendment confers a benefit on the people of Iowa by extending the application period and providing additional energy assistance benefits to qualified low–income Iowans.

A waiver is not considered at this time, as the amendment is not a significant revision of the program as a whole.

This amendment is intended to implement 1999 Iowa Acts, chapter 193, section 11.

This amendment became effective February 28, 2000.

The following amendment is adopted.

Amend rule 427—10.4(216A,PL97–35,PL98–558) as follows:

427—10.4(216A,PL97–35,PL98–558) Application period. Clients may apply for energy assistance between the first working day of October and the last working day of February each year. Applications will be processed and the applicant and the appropriate energy suppliers notified of eligibility within 30 days of the date of application to comply with the terms of the winter moratorium on disconnections. For calendar year 2000 only, the application period shall be extended to the last working day of March.

[Filed Emergency 2/28/00, effective 2/28/00]

[Published 3/22/00]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 3/22/00.

Pursuant to the authority of Iowa Code section 18.8A, the Terrace Hill Commission hereby amends Chapter 14, “Organization and Operation of Terrace Hill,” Iowa Administrative Code.

Items 1, 2, and 4 update references to the Iowa Code in the Commission’s existing rules.

Item 3 adds the governor’s spouse as an ex–officio member of the Terrace Hill Commission and amends the quorum and majority voting requirements of the Commission to reflect the changed composition of the Commission and to comply with Iowa Code section 17A.2.

Pursuant to Iowa Code section 17A.4(2), the Commission finds that notice and public participation are unnecessary for Items 1, 2, and 4 as they merely correct outdated Code references in current rules. The Commission further finds it contrary to the public interest to delay implementation of Item 3.

Pursuant to Iowa Code section 17A.5(2)“b”(2), the Commission finds these amendments will confer a benefit on the public. Items 1, 2, and 4 make corrective amendments to Commission rules. Item 3 ensures participation of the governor’s spouse in the Commission’s decision making.

These amendments are intended to implement Iowa Code section 18.8A.

These amendments became effective February 18, 2000, upon filing in the office of the Administrative Rules Coordinator.

The following amendments are adopted.

ITEM 1. Amend rule 401—14.1(18), definition of “commission,” as follows:

“Commission” means the Terrace Hill commission as established by Iowa Code Supplement section 18.8A.

ITEM 2. Amend rule 401—14.2(18) as follows:

401—14.2(18) Mission statement. The Terrace Hill commission exists in accordance with Iowa Code Supplement section 18.8A to preserve, maintain, renovate, landscape, and administer the Terrace Hill facility. The commission has authority to approve the ongoing expenditures for preservation, renovation, and landscaping of Terrace Hill and seeks necessary funds for these activities. Terrace Hill is maintained as the official residence for the governor of Iowa and serves as a facility for public and private functions.

ITEM 3. Amend subrules 14.3(2) and 14.3(3) as follows:

14.3(2) Composition. The commission consists of nine members appointed by the governor in accordance with Iowa Code Supplement section 18.8A. The governor’s spouse shall serve as an ex–officio voting member of the commission.

14.3(3) Meetings. The commissions commission shall meet at the call of the chair. Six Seven members present and voting constitutes a quorum and an affirmative vote of five six members is required for approval of an item.

All meetings are open to the public under Iowa Code chapter 21, and in accordance with Robert’s Rules of Order, Revised Edition. Public notice of all meetings shall be distributed to the news media. The tentative agenda for meetings shall be posted in the governor’s office at the State Capitol at least 24 hours prior to the commencement of any meeting in accordance with Iowa Code chapter 21.

ITEM 4. Amend subrule 14.7(3) as follows:

14.7(3) Fees. Fees may be charged and collected by the commission and shall be administered according to Iowa Code Supplement section 18.8A. Fees may be charged for, but are not limited to, admission, special events, use of images, and technical services. All fees charged shall be approved by the commission and shall become effective upon 30 days’ notice. This notice shall be a public posting in the facility. All fees shall be permanently posted.

[Filed Emergency 2/18/00, effective 2/18/00]

[Published 3/22/00]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 3/22/00.

Pursuant to the authority of Iowa Code section 216.5(10), the Civil Rights Commission amends Chapter 9, “Discrimination in Housing,” Iowa Administrative Code.

These amendments are intended to implement Iowa Code section 216.5(13) which gives the Commission the authority to order discovery in the investigation of alleged unfair or discriminatory housing practices. The amendments are based on a combination of the Iowa Rules of Civil Procedure and an analysis of the Commission’s needs during a housing investigation.

Notice of Intended Action was published in the Iowa Administrative Bulletin on October 20, 1999, as ARC 9435A. A public hearing was held on November 9, 1999. No public comment was received. These amendments are identical to those published under Notice of Intended Action.

These amendments were adopted by the Civil Rights Commission on January 28, 2000.

These amendments will become effective April 26, 2000.

These amendments are intended to implement Iowa Code section 216.5(13).

The following amendments are adopted.

ITEM 1. Amend rule 161—9.6(216) by renumbering existing subrule 9.6(3) as 9.6(4) and adopting the following new subrule:

9.6(3) Notice of person’s rights in the discovery process shall be given to the person from whom discovery is sought. This notice is sufficient if it sets out in brief the person’s rights under these rules: to object to the discovery method; to seek a protective order; and to legal counsel.

ITEM 2. Amend subrule 9.10(1) as follows:

9.10(1) Availability; procedures for requests. The commission may serve upon any party a written request for the admission, for purposes of all proceedings relating to the pending complaint only, of the truth of any matters within the scope of rule 9.7(216) set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying.

Each matter of which an admission is requested shall be separately set forth.

The commission shall not serve more than 30 requests for admission on any party except upon agreement of the party from whom admissions are sought or leave of the presiding officer for discovery granted upon a showing of good cause. A motion for leave of the presiding officer for discovery to serve more than 30 requests for admission must be in writing and shall set forth the proposed requests and the reasons establishing good cause for their use.

[Filed 2/18/00, effective 4/26/00]

[Published 3/22/00]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 3/22/00.

Pursuant to the authority of Iowa Code sections 17A.3 and 34A.7A, the Emergency Management Division amends Chapter 10, “Enhanced 911 Telephone Systems,” Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on January 26, 2000, as ARC 9632A. No public comment was received on these amendments. In addition, these amendments were simultaneously Adopted and Filed Emergency as ARC 9633A. These amendments are identical to the amendments published under the Notice of Intended Action and Adopted and Filed Emergency.

These amendments formally complete the Wireless Enhanced 911 Implementation and Operation Plan as required by Iowa Code chapter 34A.

These amendments were adopted by the Emergency Management Division on March 1, 2000.

These amendments shall become effective April 26, 2000, at which time the Adopted and Filed Emergency amendments are hereby rescinded.

These amendments are intended to implement Iowa Code chapter 34A.

The following amendments are adopted.

Amend rule 605—10.7(34A) as follows:

605—10.7(34A) Enhanced wireless 911 service plan. Each joint E911 service board, the department of public safety, the E911 communications council, and wireless service providers shall cooperate with the E911 program manager in preparing an enhanced wireless 911 service plan for statewide implementation of enhanced wireless 911 phase I and phase II implementation.

10.7(1) Plan specifications. The enhanced wireless 911 service plan shall include, at a minimum, the following information:

1. Maps showing geographic area to be served by each PSAP receiving enhanced wireless 911 telephone calls.

2. A list of all public and private safety agencies within the enhanced wireless 911 service area.

3. The geographic location of each PSAP receiving enhanced wireless 911 calls and the name of the person responsible for the management of the PSAP.

4. A set of guidelines for determining eligible cost for wireless service providers, wire–line service providers, and public safety answering points.

5. A statement of estimated charges for the implementation and operation of enhanced wireless 911 phase I and phase II service, detailing the equipment operated or needed to operate enhanced wireless 911 service, including any technology upgrades necessary to provide service. Charges must be directly attributable to the implementation and operation of enhanced wireless 911 service. Charges shall be detailed showing item(s) or unit(s) of cost, or both, and include estimated charges from:

• Wireless service providers.

• Wire–line service providers for implementation and operation of enhanced wireless 911 service.

• Public safety answering points.

6. A schedule for the implementation of enhanced wireless 911 phase I and phase II service.

[Filed 3/2/00, effective 4/26/00]

[Published 3/22/00]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 3/22/00.

Pursuant to the authority of Iowa Code section 455B.133, the Environmental Protection Commission hereby amends Chapter 22, “Controlling Pollution,” Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on December 15, 1999, as ARC 9536A. A public hearing was held on January 14, 2000, at the Air Quality Bureau in Urbandale. Written comments were provided by two organizations. No changes were made to the Notice of Intended Action as a result of comments received during the public comment period.

The purpose of this rule making is to change the maximum annual Title V Operating Permit fee that the Department can charge from the current fixed dollar amount of $24 to $29.

The Commission will continue to be asked annually to approve the Title V fee that is charged to permit applicants as justified by the Air Quality Bureau’s projected budget and the reported tonnage of air contaminant emissions.

This amendment is intended to implement Iowa Code section 455B.133.

This amendment shall become effective on April 26, 2000.

The following amendment is adopted.

Amend subrule 22.106(1) as follows:

22.106(1) Fee established. Any person required to obtain a Title V permit shall pay an annual fee based on the total tons of actual emissions of each regulated air pollutant, beginning November 15, 1994. Beginning July 1, 1996, Title V operating permit fees will be paid on July 1 of each year. The fee shall be based on actual emissions required to be included in the Title V operating permit application and the annual emissions statement for the previous calendar year. The department and the commission will review the fee structure on an annual basis and adjust the fee as necessary to cover all reasonable costs required to develop and administer the programs required by the Act. The department shall submit the proposed budget for the following fiscal year to the commission no later than the March meeting. The commission shall set the fee based on the reasonable cost to run the program and the proposed budget no later than the May commission meeting of each year. The commission shall provide an opportunity for public comment prior to setting the fee. The commission shall not set the fee higher than $24 $29 per ton without adopting the change pursuant to formal rule making.

[Filed 3/3/00, effective 4/26/00]

[Published 3/22/00]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 3/22/00.

Pursuant to the authority of Iowa Code section 455B.133, the Environmental Protection Commission hereby amends Chapter 23, “Emission Standards for Contaminants,” Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on December 15, 1999, as ARC 9535A. A public hearing was held on January 14, 2000, at the Air Quality Bureau in Urbandale. No changes were made to the Notice of Intended Action.

The purpose of this rule making is to adopt by reference 13 national emission standards for hazardous air pollutants(NESHAPs) and four generic national standards for emission control that were promulgated by the Environmental Protection Agency.

This rule making updates the reference to 40 CFR Part 63 through June 29, 1999, and amends the list of federal regulations excepted from adoption by reference. Part 63 was amended through this date by the promulgation of 13 national emission standards for hazardous air pollutants and four generic standards for emission control.

This rule making adopts by reference new NESHAPs that were promulgated for: Portland cement manufacturing; phosphoric acid manufacturing; phosphate fertilizer production; wool fiberglass manufacturing; generic maximum achievable control technology; oil and gas production; natural gas transmission and storage; pesticide active ingredients production; ferroalloys production: ferromanganese and silicomanganese; polyether polyols production; steel pickling—HCL process facilities and hydrochloric acid regeneration plants; mineral wool production; and primary lead smelting. New generic emission control standards that will be referenced in future rule making are also adopted by reference. The four generic emission control standards relate to: closed vent systems, control devices, recovery devices and routing to a fuel gas system or a process; equipment leaks—control level 1; equipment leaks—control level 2; and storage vessels (tanks)—control level 2.

These amendments may impact small business.

These amendments are intended to implement Iowa Code section 455B.133.

These amendments shall become effective on April 26, 2000.

The following amendments are adopted.

Amend subrule 23.1(4) as follows:

23.1(4) Emission standards for hazardous air pollutants for source categories. The federal standards for emissions of hazardous air pollutants for source categories, 40 Code of Federal Regulations Part 63 as amended through December 28, 1998 June 29, 1999, are adopted by reference, except 40 CFR §§63.6(g) and (h)(9), 63.7(c)(2)(i), 63.7(e)(2)(ii) and (f), 63.8(f), 63.10(f), 63.12, 63.14, 63.15, 63.40(a), 63.42(a) and (b), 63.43(c) and (f) to (m), 63.177, 63.560(b) and (e)(2) and (3), and 63.562(c) and (d), 63.772, 63.777, 63.1157, 63.1158, 63.1161(d)(1), 63.1162(a)(2) to (5), 63.1162(b)(1) to (3), 63.1165, 63.1282, and 63.1287 and shall apply to the following affected facilities. The corresponding 40 CFR Part 63 Subpart designation is in parentheses. 40 CFR Part 63 Subpart B incorporates the requirements of Clean Air Act Sections 112(g) and 112(j) and does not adopt standards for a specific affected facility. Test methods (Appendix A), sources defined for early reduction provisions (Appendix B), and determination of the fraction biodegraded (F_bio) in the biological treatment unit (Appendix C) of Part 63 also apply to the affected activities or facilities. For the purposes of this subrule, “hazardous air pollutant” has the same meaning found in 567—22.100(455B). For the purposes of this subrule, a “major source” means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants, unless a lesser quantity is established, or in the case of radionuclides, where different criteria are employed. For the purposes of this subrule, an “area source” means any stationary source of hazardous air pollutants that is not a major stationary source as defined in this paragraph. Paragraph 23.1(4)“a,” general provisions (Subpart A) of Part 63, shall apply to owners or operators who are subject to subsequent subparts of 40 CFR Part 63 (except when otherwise specified in a particular subpart or in a relevant standard) as adopted by reference below.

a. to y. No change.

z. to ab. Reserved.

ac. to ag. No change.

ah. Reserved. Emission standards for hazardous air pollutants for oil and natural gas production. These standards apply to all new and existing major sources of oil and natural gas production. Affected sources include, but are not limited to, processing of liquid or gaseous hydrocarbons, such as ethane, propane, butane, pentane, natural gas, and condensate extracted from field natural gas. (Subpart HH)

ai. to ak. No change.

al. to bf. ar. Reserved.

at. Emission standards for equipment leaks—control level 1. These provisions apply to the control of air emissions from equipment leaks for which another paragraph under this rule references the use of this paragraph for such emission control. These air emission standards for equipment leaks are placed here for administrative convenience and only apply to those owners and operators of facilities subject to the referencing paragraph. The provisions of paragraph 23.1(4)“a,” general provisions, (Subpart A), do not apply to this paragraph except as specified in a referencing paragraph. (Subpart TT)

bg. No change.

bh. Reserved. Emission standards for hazardous air pollutants for natural gas transmission and storage. These standards apply to all new and existing major sources of natural gas transmission and storage. Natural gas transmission and storage facilities are those that transport or store natural gas prior to its entering the pipeline to a local distribution company. Affected sources include, but are not limited to, mains, valves, meters, boosters, regulators, storage vessels, dehydrators, compressors and delivery systems. (Subpart HHH)

bi. and bj. No change.

[Filed 3/3/00, effective 4/26/00]

[Published 3/22/00]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 3/22/00.

Pursuant to the authority of Iowa Code section 147.76, the Board of Pharmacy Examiners hereby amends Chapter 3, “License Fees, Renewal Dates, Fees for Duplicate Licenses and Certification of Examination Scores,” Iowa Administrative Code.

The amendment is intended to clarify information regarding original pharmacist license certificates and the means of obtaining additional certificates. Current language is confusing, appearing to provide for the photocopying of or other means of duplicating a pharmacist license certificate. The intent is to provide for the purchase of pharmacist license certificates in addition to the original certificate provided at the time of initial licensure.

Notice of Intended Action was published in the December 15, 1999, Iowa Administrative Bulletin as ARC 9542A. The adopted amendment is identical to that published under Notice.

The amendment was approved during the February 1, 2000, meeting of the Board of Pharmacy Examiners.

This amendment will become effective on April 26, 2000.

This amendment is intended to implement Iowa Code section 155A.10.

The following amendment is adopted.

Amend rule 657—3.2(155A) as follows:

657—3.2(155A) Fees. Only original or duplicate license certificates for licensed pharmacists issued by the board of pharmacy examiners for licensed pharmacists are valid. Duplicate Additional original license certificates for licensed pharmacists may be issued obtained from the board of pharmacy examiners for a prepaid fee of $5 each.

This rule is intended to implement Iowa Code section 155A.10.

[Filed 2/18/00, effective 4/26/00]

[Published 3/22/00]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 3/22/00.

Pursuant to the authority of Iowa Code sections 147.76 and 155A.6, the Board of Pharmacy Examiners hereby amends Chapter 4, “Pharmacist–Intern Registration and Minimum Standards for Evaluating Practical Experience,” Iowa Administrative Code.

The amendment modifies the definition of “pharmacist preceptor” by removing the prohibition against a pharmacist who has been the subject of disciplinary action within the past three years from serving as a preceptor. In addition to being difficult to enforce, this provision makes it difficult for pharmacist–interns to determine the eligibility and qualifications of a potential preceptor.

Notice of Intended Action was published in the December 15, 1999, Iowa Administrative Bulletin as ARC 9543A.

The adopted amendment differs from that published under Notice. Language regarding disciplinary sanctions has been revised to make it more understandable. The last sentence, providing that a pharmacist who has been the subject of disciplinary action could petition the Board for approval to act as a preceptor, has been stricken. Iowa Code section 155A.3 defines “preceptor” as a “pharmacist in good standing.” Based on that Code definition, a pharmacist whose license is under disciplinary sanction may not act as a preceptor nor may the Board consider a request to permit that pharmacist to act as a preceptor.

The amendment was approved during the February 1, 2000, meeting of the Board of Pharmacy Examiners.

This amendment will become effective on April 26, 2000.

This amendment is intended to implement Iowa Code section 155A.6.

The following amendment is adopted.

Amend rule 657—4.1(155A), definition of “pharmacist preceptor,” as follows:

“Pharmacist preceptor” or “preceptor” means a pharmacist licensed to practice pharmacy whose license is current and in good standing. Preceptors shall meet the conditions and requirements of rule 4.9(155A). No pharmacist shall serve as a preceptor if while the pharmacist’s license to practice pharmacy has been is the subject of an order of the disciplinary sanction by a pharmacist licensing authority having jurisdiction over the pharmacist’s license imposing any disciplinary sanctions during the time the pharmacist is serving as preceptor or within the three–year period immediately preceding the time the pharmacist begins serving as a preceptor. Provided, however, a pharmacist who has been the subject of such disciplinary order may petition the board in writing for approval to act as preceptor.

[Filed 2/18/00, effective 4/26/00]

[Published 3/22/00]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 3/22/00.

Pursuant to the authority of Iowa Code sections 147.76 and 155A.13, the Board of Pharmacy Examiners hereby amends Chapter 8, “Minimum Standards for the Practice of Pharmacy,” Iowa Administrative Code.

The amendments require that pharmacies dispose of waste materials containing patient–specific or confidential information in a manner to preserve patient confidentiality, clarify patient counseling requirements by defining and describing “not practicable,” and correct a reference contained in subrule 8.32(6). Concerns regarding improper or haphazard disposal of pharmacy waste, particularly that containing confidential and patient–specific information, have prompted the Board to direct pharmacies to determine appropriate means of ensuring patient confidentiality when disposing of such materials. Confusion or misinterpretation of the Board’s rules regarding patient counseling, particularly those pertaining to when a pharmacist may use alternative forms of counseling in lieu of oral counseling, has prompted the Board to further clarify the intent of the rule by defining “not practicable.”

Notice of Intended Action was published in the December 15, 1999, Iowa Administrative Bulletin as ARC 9544A. The adopted amendments are identical to those published under Notice.

The amendments were approved during the February 1, 2000, meeting of the Board of Pharmacy Examiners.

These amendments will become effective on April 26, 2000.

These amendments are intended to implement Iowa Code sections 147.55, 155A.12, 155A.13, and 155A.15.

The following amendments are adopted.

ITEM 1. Amend subrule 8.5(5) as follows:

8.5(5) Confidentiality. In the absence of express consent from the patient or order or direction of a court, except where the best interests of the patient require, a pharmacist shall not divulge or reveal to any person other than the patient or the patient’s authorized representative, the prescriber or other licensed practitioner then caring for the patient, another licensed pharmacist, or a person duly authorized by law to receive such information, any of the following:

a. the The contents of any prescription or the therapeutic effect thereof or the nature of professional pharmaceutical services rendered to a patient;

b. the The nature, extent, or degree of illness suffered by any patient; or

c. any Any medical information furnished by the prescriber.

This shall not prevent pharmacists from doing any of the following: transferring a prescription to another pharmacy, providing a copy of a nonrefillable prescription to the person for whom the prescription was issued which copy is marked “For Information Purposes Only,” providing drug therapy information to physicians for their patients, or providing information to the board or its representative.

ITEM 2. Amend subrule 8.20(2) as follows:

8.20(2) If in the pharmacist’s professional judgment oral counseling is not practicable, the pharmacist may use alternative forms of patient information. “Not practicable” refers to patient variables including, but not limited to, the absence of the patient or patient’s caregiver, the patient’s or caregiver’s hearing impairment, or a language barrier. “Not practicable” does not include pharmacy variables such as inadequate staffing, technology failure, or high prescription volume. Alternative forms of patient information may include written information leaflets, pictogram labels, video programs, or information generated by electronic data processing equipment. When used in place of oral counseling, alternative forms of patient information shall advise the patient or caregiver that the pharmacist may be contacted for consultation in person at the pharmacy by toll–free telephone or collect telephone call. A combination of oral counseling and alternative forms of counseling is encouraged.

ITEM 3. Amend subrule 8.32(6) as follows:

8.32(6) Labeling—interior. All drugs contained in the emergency/first dose drug supply shall be labeled in accordance with subrule 8.3(2) or 657—subrule 23.12(3) 23.12(2), as appropriate.

[Filed 2/18/00, effective 4/26/00]

[Published 3/22/00]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 3/22/00.

Pursuant to the authority of Iowa Code sections 124.301, 147.76, and 272C.4, the Board of Pharmacy Examiners hereby amends Chapter 36, “Discipline,” Iowa Administrative Code.

The amendment provides for a time limit for the reporting, by a licensee, registrant, or permittee, of disciplinary action against a license, registration, or permit taken by another state, territory, or country. The amendment clarifies what is required to be reported and that timely reporting means reporting within 30 days of final disciplinary action.

Notice of Intended Action was published in the December 15, 1999, Iowa Administrative Bulletin as ARC 9545A. This amendment is identical to that published under Notice.

The amendment was approved during the February 1, 2000, meeting of the Board of Pharmacy Examiners.

This amendment will become effective on April 26, 2000.

This amendment is intended to implement Iowa Code sections 124.304, 124B.12, 155A.6, 155A.12, 155A.13A, 155A.15, and 155A.17.

The following amendment is adopted.

Amend subrule 36.1(4), paragraph “k,” as follows:

k. Failure to report notify the board within 30 days after a final decision entered by the licensing authority of another state, territory, or country which decision resulted in a license or registration revocation, suspension, or other disci–

plinary action taken by another state, territory or country sanction.

[Filed 2/18/00, effective 4/26/00]

[Published 3/22/00]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 3/22/00.

Pursuant to the authority of Iowa Code sections 543B.9 and 543B.18, the Real Estate Commission hereby amends Chapter 1, “Business Conduct,” Iowa Administrative Code.

These amendments are adopted 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) is 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.

Notice of Intended Action was published in the January 12, 2000, Iowa Administrative Bulletin as ARC 9600A. Two written comments were received prior to the public hearing held February 1, 2000, and one person provided comments at the public hearing.

Nonsubstantive changes in language have been made for clarity and conciseness in the following: rule 1.41(543B), introductory paragraph, subrules 1.41(2) to 1.41(7), 1.41(8), paragraphs “c” and “d,” and subrule 1.42(6), paragraphs “i” and “j.”

These amendments were approved by the Commission on February 22, 2000.

These amendments shall become effective April 26, 2000.

These amendments are intended to implement Iowa Code sections 543B.9 and 543B.18.

The following amendments are adopted.

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 written 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. A rebate or inducement shall not be made without the required written 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 will be deemed 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.” A broker’s intention to pay money or costs associated with a transaction to a buyer or tenant may be advertised and promoted as a sales inducement. The payment to the buyer or tenant is permissible, when disclosed, because the broker is licensed and authorized 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 a gratuitous gift, such as flowers or a door knocker, 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, 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. It is the licensee’s responsibility to ensure that the promotion is in compliance with other Iowa laws, such as gaming regulations. 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 by a licensee 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, referral or finder’s fee, or other valuable consideration to another broker knowing that a portion 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 commission, referral or finder’s fee, or other valuable consideration, 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, or both, that 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 act or participate in any manner that would require a license;

d. The licensee exercises reasonable care to ensure that the organization or fund is a bona fide nonprofit;

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 these rules and subrules do not apply to a gratuitous gift, such as flowers or a door knocker, 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 terminated.

j. The provisions of these rules and subrules do not apply to a free gift, such as prizes, money, 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.

[Filed 3/2/00, effective 4/26/00]

[Published 3/22/00]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 3/22/00.

Pursuant to the authority of Iowa Code section 96.11, the Director of the Workforce Development Departmenthereby amends Chapter 23, “Employer’s Contribution andCharges,” Iowa Administrative Code.

Notice of Intended Action was published in the January 26, 2000, Iowa Administrative Bulletin as ARC 9630A.

Subrule 23.40(2), paragraph “a,” is amended by extending the contribution surcharge to the year 2001.

Proposed new Chapter 41 is not being adopted at this time.

This amendment is intended to implement 1998 Iowa Acts, chapter 1051.

This amendment will become effective on April 26, 2000.

The following amendment is adopted.

Amend subrule 23.40(2), paragraph “a,” as follows:

a. For calendar years 1988 through 1998 2001, each employer except a governmental entity and a 501(c)(3) nonprofit organization will have an administrative contribution surcharge added to the contribution rate. The administrative contribution surcharge shall be a percentage, rounded to the next highest one–hundredth of 1 percent, of the taxable wage base in effect for the rate year following the computation date, which is equal to one–tenth of 1 percent of the Federal Unemployment Tax Act (FUTA) taxable wage base in effect on the computation date.

[Filed 3/3/00, effective 4/26/00]

[Published 3/22/00]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 3/22/00.