Pages 548 to 601 include ARC 0145B to ARC 0187B

Schedule for rule making 540

Publication procedures 541

Administrative rules on CD–ROM 541

Agency identification numbers 546

Notice, Superintendent—appointment of
assistants, 1.3(1)“b” ARC 0159B 548

CITATION OF ADMINISTRATIVE RULES 539

Notice, Local policy—health services, media
services programs and guidance programs,
12.3(11) ARC 0185B 548

Filed Emergency After Notice, Standards for
paraeducator preparation programs, ch 80
ARC 0186B 578

Filed Without Notice, Emergency management
performance grants—nonperformance and
noncompliance, 7.7(5) ARC 0176B 586

Proclamation for constitutional convention 602

Filed, Public records and fair information
practices, 2.13, 2.14(5) ARC 0149B 586

Notice, Refugee cash assistance—date of entry
for asylees, 60.7 ARC 0158B 549

Notice, Eligibility for Medicaid—transfer of assets,
75.23(8), 89.3, 89.10 ARC 0146B 549

Notice, Dependent adult abuse, 176.3(1), 176.6,
176.10, 176.13, 176.15(2) ARC 0147B 550

Filed, Waivers of administrative rules, 1.8
ARC 0151B 587

Filed, FIP, Medicaid and SSA assistance; PROMISE
JOBS, amendments to chs 7, 9, 40 to 43, 45, 46,
93 ARC 0152B 588

Filed, Risk pool funding, 25.61 to 25.66
ARC 0145B 590

Filed Emergency, Refugee cash assistance—
date of entry for asylees, 60.7 ARC 0157B 578

Filed Emergency After Notice, FMAP–related
Medicaid applicants and recipients; CMAP–
related medically needy recipients, 75.1,
75.25, 75.50 to 75.52, 75.57, 76.2, 76.7,
76.10(2) ARC 0153B 579

Filed, Skilled nursing and home health aide
services; home– and community–based services
waivers, amendments to chs 77 to 79, 83
ARC 0154B 592

Filed Emergency After Notice, Medicaid—
pharmaceutical case management, 78.47, 79.1
ARC 0155B 580

Filed, Child–placing agencies—foster care and
adoptive services, 108.7(5), 108.9(7), 200.4(3),
202.4(1) ARC 0156B 593

Filed, Hospitals, 51.5(1) ARC 0177B 594

Notice of public hearing on proposed revision of
premium rates for credit A & H and credit life
insurance 552

Notice, State parks and recreation areas, ch 61
ARC 0166B 552

Notice, Wild turkey spring hunting, 98.1(1),
98.3, 98.5, 98.14, 98.16 ARC 0165B 564

Notice, Waiver and variance rules, ch 15
ARC 0171B 565

Filed, Nurse licensure compact, 2.3(2), 2.6(2), 3.1,
3.2, 3.5(2), 3.6(1), 6.1, 6.5(5), 7.1, ch 16
ARC 0175B 594

Filed, Qualifications—RNs teaching in master’s
programs, 2.6(2)“c” ARC 0172B 595

NURSING BOARD[655] (Cont’d)

Filed, Issuance of investigatory or contested
case subpoenas, 4.3, 4.25 ARC 0173B 595

Filed, Identification of nurses, 6.2(5), 6.3(9)
ARC 0174B 597

Filed, Commutation procedures for
class “A” felons, 14.2, 14.5(1), 14.6
ARC 0160B 597

Notice, Peace officers’ retirement, accident and
disability system, 24.1 to 24.13, 24.18 to 24.21,
24.27 to 24.31 ARC 0150B 567

Filed, IPERS, amendments to ch 21
ARC 0170B 598

Notice, Respiratory care practitioners—grounds
for discipline, fees, ethics, continuing
education, 260.1, 260.9 to 260.17, 260.28,
260.29, ch 261 ARC 0169B 570

Filed, Massage therapists—license fees and
discipline; continuing education, 130.1 to 130.4,
130.7 to 130.10, 131.1 to 131.5, 131.17 to
131.19, ch 132 ARC 0168B 599

Notice, Iowa child death review team, 90.1
ARC 0161B 573

Notice, Training—use of automated external
defibrillators by nontraditional providers
of emergency medical care, 131.1, 131.4(1),
132.1, 132.16, 139.1, 139.6 ARC 0187B 574

Filed Emergency After Notice, Lead
professional certification, 70.1 to 70.10
ARC 0163B 582

Filed Emergency, Training—use of automated
external defibrillators by nontraditional
providers of emergency medical care, 131.1,
131.4(1), 132.1, 132.16, 139.1, 139.6
ARC 0162B 583

Summarized list 542

Notice and Notice Terminated, Fire safety in small
group homes that prevent free egress, 5.620(7)“b”
ARC 0148B 574

Notice, Fees for performance of plan reviews,
16.131(2) ARC 0164B 575

Notice, Sale or rental of information services,
17.35 ARC 0178B 575

Filed, Voluntary disclosure program, ch 3
ARC 0179B 599

Filed, Multilevel marketer agreements, ch 4
ARC 0180B 599

Filed, Freight, other transportation charges,
and exclusions, 15.13 ARC 0181B 600

Filed, Residential and commercial real estate;
property tax exemption—barns and one–room
schoolhouses, 71.1, 74.6, 80.15 ARC 0183B 600

Filed, Cigarette tax, 81.12(1), 82.1(7)
ARC 0182B 600

Filed, “Vote here” signs, 21.8 ARC 0167B 601

Notice 577

Notice Terminated, Individual meter measurement,
19.3(1), 20.3(1) ARC 0184B 577

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

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

STEPHANIE A. HOFF, Assistant Editor (515)281–8157

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, 2000, to June 30, 2001 $264.00 plus $15.84 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 - $1,210.31 plus $72.62 sales tax

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

Iowa Administrative Code Supplement - $425.61 plus $25.54 sales tax

(Subscription expires June 30, 2001)

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

Department of General Services

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, First Floor South, Grimes 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.

Containing: Iowa Administrative Code (updated through December 1999)
Iowa Administrative Bulletins (July 1999 through December 1999)
Iowa Court Rules (updated through December 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

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.

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 the authority of Iowa Code sections 17A.3 and 524.213, the Banking Division of the Commerce Department hereby gives Notice of Intended Action to amend Chapter 1, “Description of Organization,” Iowa Administrative Code.

The amendment removes the fixed number of assistants and provides that the Superintendent, pursuant to Iowa Code section 524.208, determines the number of assistants deemed necessary to the proper discharge of the duties imposed upon the Superintendent by the laws of this state.

Interested persons may make written comments on the proposed amendment on or before October 24, 2000. Such written material should be directed to the Superintendent of Banking, Banking Division, Department of Commerce, 200 East Grand Avenue, Suite 300, Des Moines, Iowa 50309. Persons who want to convey their views orally should contact the Superintendent of Banking, Department of Commerce, at (515)281–4014 or at 200 East Grand Avenue, Suite 300.

Also, a public hearing will be held on Tuesday, October 24, 2000, at 10 a.m. in the Banking Division Conference Room at 200 East Grand Avenue. Persons may present their views at this public hearing either orally or in writing. Persons who wish to make oral presentations at the public hearing should contact the Superintendent of Banking at least one day prior to the date of the public hearing.

This amendment is intended to implement Iowa Code section 524.208.

The following amendment is proposed.

Amend paragraph 1.3(1)“b” to read as follows:

b. Assistants to the superintendent. Three assistants to the The superintendent may appoint assistants to perform duties prescribed by the superintendent, including general supervision of all bank examining personnel, administration and supervision of regulatory examinations, and administration and supervision of all matters relating to the exercise of banking powers authorized by the laws of this state and other matters for which each is responsible.

Pursuant to the authority of 2000 Iowa Acts, House File 2474, the State Board of Education hereby gives Notice of Intended Action to amend Chapter 12, “General Accreditation Standards,” Iowa Administrative Code.

This rule in Chapter 12 requires the board of directors of each school district and the authorities in charge of an accredited nonpublic school to adopt a local policy relating to the provision of health services, media services programs and guidance programs. The rule does not require the provision of the services. The rule simply requires a policy stating whether or not the Board or the authorities in charge of an accredited nonpublic school will make the programs and services available.

Any interested person may make written suggestions or comments on this proposed amendment prior to October 25, 2000. Such written materials should be directed to the Bureau of Children, Families and Community Services, Grimes State Office Building, Des Moines, Iowa 50319; fax (515) 242-6919. Persons who wish to convey their views orally should contact the Bureau at (515)281-4030 or the Bureau offices on the third floor of the Grimes State Office Building.

A public hearing will be held on October 24, 2000, from 4 to 6 p.m. via the ICN at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment. The sites for the ICN hearing are as follows:

Iowa Department of Education

Grimes State Office Building

400 East 14th Street

Des Moines

Indian Hills Community College

Room 2

525 Grandview

Ottumwa

Arrowhead AEA

1235 5th Avenue South

Fort Dodge

Green Valley AEA

1405 North Lincoln

Creston

Cedar Falls High School

1002 West 1st Street

Cedar Falls

Any persons who intend to attend this public hearing and have special requirements such as hearing or mobility impairments should contact the Bureau of Children, Families and Community Services at the above–referenced telephone number and advise of specific needs.

This amendment is intended to implement 2000 Iowa Acts, House File 2474.

The following amendment is proposed.

Amend rule 281—12.3(256) by adopting the following new subrule:

12.3(11) Policy required relating to health services, media services programs and guidance programs. The board of directors of each school district and the authorities in charge of an accredited nonpublic school shall adopt a local policy relating to health services, media services programs and guidance programs. The policy shall state whether or not the services shall be provided. This subrule shall not be interpreted to require schools and school districts to provide or to offer health services, media services or guidance programs.

Pursuant to the authority of Iowa Code sections 3.10(2) and 217.6, the Department of Human Services proposes to amend Chapter 60, “Refugee Cash Assistance,” appearing in the Iowa Administrative Code.

These amendments change the definition of date of entry for asylees and disregard as income and as a resource incidental cash resettlement moneys that sponsors make available to refugees applying for refugee cash assistance (RCA).

Eligibility for RCA is limited to eight months. The eight–month period begins with the date the alien enters the United States. However, aliens seeking asylum cannot access RCA until they have actually been granted asylum. Currently, because of the time it generally takes the Immigration and Naturalization Service (INS) to process alien status adjustments, asylees are often prohibited from accessing RCA because the eight–month period from the date they entered the United States has expired by the time they are granted asylum.

To better serve asylees, the Office of Refugee Resettlement (ORR) has ruled that for aliens seeking asylum the “date of entry” is the date they are granted asylum and begins the eight–month eligibility period for RCA.

EXAMPLE: April 3—date of entry into the United States

December 5—date asylum is granted

Under these amendments, December 5 is considered the “date of entry.” The eight–month eligibility period for RCA would be December through July.

Under the current rule, the asylee would not be able to access RCA because the eight–month eligibility period (April through November) would have expired November 30, before the date asylum was granted.

The first few months after having been granted asylum are critical to asylees as they attempt to find work, adapt to a new culture and environment and, in many cases, attempt to bring their families from countries that are war–torn and unsafe. The new rule allows for asylees to receive assistance during a most difficult time period.

Unlike other aliens, refugees are brought to the United States by the state’s voluntary resettlement agencies. Resettlement agencies receive funds from the U.S. Department of State and ORR to be used for refugees’ basic living expenses when first arriving in the United States, such as for housing, furniture, clothing, and other needed items. Refugees also usually have a local sponsor, such as an individual, a church or fraternal group. The particular resettlement agency makes the resettlement funds available to the refugee’s local sponsor for use within established guidelines. Sponsors generally use the funds to make vendor payments to stores, landlords and other entities providing services or goods to the refugee family. Occasionally, a sponsor or the resettlement agency may give a small amount of the resettlement funds directly to the refugee family for necessary personal items, such as toiletries.

Under the current rule, cash that sponsors or resettlement agencies give directly to the refugee family is counted against the RCA cash grant. Under these amendments, the cash will be disregarded. These amendments allow for the exchange of a small amount of cash for needed personal items without refugees’ incurring a reduction in their RCA grant.

These amendments do not provide for waivers in specified situations because these amendments are required by federal regulations that do not provide for waivers.

The substance of these amendments is also Adopted and Filed Emergency and is published herein as ARC 0157B. The purpose of this Notice is to solicit comment on that submission, the subject matter of which is incorporated by reference.

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 October 25, 2000.

These amendments are intended to implement Iowa Code section 217.6.

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend Chapter 75, “Conditions of Eligibility,” and Chapter 89, “Debts Due from Transfers of Assets,” appearing in the Iowa Administrative Code.

These amendments revise policy governing transfer of assets to become eligible for Medicaid to implement legislative changes adopted by the Seventy–eighth General Assembly, which became effective July 1, 2000. The amendments are as follows:

• A definition is added to subrule 75.23(8) governing conditions of eligibility for Medicaid on “transfer or disposal of assets” which includes:

1. Giving away or selling an interest in an asset;

2. Placing an interest in an asset in a trust that is not available to the grantor;

3. Removing or eliminating an interest in a jointly owned asset in favor of other owners;

4. Disclaiming an inheritance of any property, interest, or right pursuant to Iowa Code section 633.704 on or after July 1, 2000;

5. Failure to take a share of an estate as a surviving spouse (also known as “taking against a will”) on or after July 1, 2000, to the extent that the value received by taking against the will would have exceeded the value of the inheritance received under the will; or

6. Transferring or disclaiming the right to income not yet received.

Items “1” through “3” and “6” above reflect existing policy. Items “4” and “5” are required by the new legislation.

When a person disclaims an inheritance, or fails to exercise the right to take against a will, that person is avoiding the receipt of an asset that could be used to pay for medical care. If not penalized as transfers of assets, the result would be Medicaid dollars being used to pay for services for which the divested funds could have otherwise paid.

The following are amendments to 441—Chapter 89 governing transfer of assets policy for debt recovery.

• Under current policy, transfers of less than $2,000 are not counted as creating a debt to the Department. Transfers of assets by the same transferor over a calendar year are aggregated. These amendments limit the amount for transfers from $2,000 per calendar year to $2,000 over a five–year look back period.

• The exemption of the transfer of a homestead to any person other than a person exempt under federal regulations is eliminated. Transfers of a homestead to a spouse, disabled or minor children, children who provide care that enabled the parent to avoid earlier admission to the nursing facility, and to siblings who lived with the transferor for a specified time period continue to be exempt.

• A new rule is added to clarify that actions initiated under Iowa Code chapter 249F are not appealable under the Iowa Administrative Procedures Act (Iowa Code chapter 17A). Any review will go directly to district court.

These amendments do not provide for waivers in specified situations because the changes are required by state legislation that does not provide for waiver.

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 October 25, 2000.

These amendments are intended to implement Iowa Code section 249A.3 and Iowa Code chapter 249F as amended by 2000 Iowa Acts, House File 2321.

The following amendments are proposed.

ITEM 1. Amend subrule 75.23(8) by adopting the following new definition in alphabetical order:

“Transfer or disposal of assets” means any transfer or assignment of any legal or equitable interest in any asset as defined above, including:

1. Giving away or selling an interest in an asset;

2. Placing an interest in an asset in a trust that is not available to the grantor (see 75.24(2)“b”(2));

3. Removing or eliminating an interest in a jointly owned asset in favor of other owners;

4. Disclaiming an inheritance of any property, interest, or right pursuant to Iowa Code section 633.704 on or after July 1, 2000 (see Iowa Code Supplement section 249A.3(11) as amended by 2000 Iowa Acts, House File 2321, section 3);

5. Failure to take a share of an estate as a surviving spouse (also known as “taking against a will”) on or after July 1, 2000, to the extent that the value received by taking against the will would have exceeded the value of the inheritance received under the will (see Iowa Code Supplement section 249A.3(11) as amended by 2000 Iowa Acts, House File 2321, section 3); or

6. Transferring or disclaiming the right to income not yet received.

ITEM 2. Amend the implementation clause following rule 441—75.23(249A) as follows:

This rule is intended to implement Iowa Code section sections 249A.3 and 249A.4.

ITEM 3. Amend rule 441—89.3(249F), numbered paragraph “5,” as follows:

5. Transfers of less than $2,000. However, all All transfers by the same transferor during a calendar year the five–year period prior to the application for medical assistance by the transferor shall be aggregated. If a transferor transfers property to more than one transferee during a calendar year the five–year period prior to application for medical assistance by the transferor, the $2,000 exemption shall be divided equally between the transferees for the five–year period prior to application for medical assistance.

Further amend rule 441—89.3(249F) by rescinding and reserving numbered paragraph “9.”

ITEM 4. Amend 441—Chapter 89 by adopting the following new rule:

441—89.10(249F) Exemption from Iowa Code chapter 17A. Actions initiated under Iowa Code chapter 249F are not subject to Iowa Code chapter 17A. Review by the district court shall be an original hearing before the district court.

ITEM 5. Amend the implementation clause following 441—Chapter 89 as follows:

These rules are intended to implement Iowa Code chapter 249F as amended by 1999 Iowa Acts, Senate File 92 2000 Iowa Acts, House File 2321.

Pursuant to the authority of Iowa Code sections 234.6 and 235B.5, the Department of Human Services proposes to amend Chapter 176, “Dependent Adult Abuse,” appearing in the Iowa Administrative Code.

These amendments revise and clarify the process for requesting dependent adult abuse information and update policy regarding who may request an employment background check to conform policy with changes passed by the Seventy–eighth General Assembly. In addition, form names and numbers and Iowa Code references are updated.

Policy is revised to clarify who should request information from the county office and who should request information from the central registry. Only subjects of a report and persons authorized to access the information who are making an oral request because they believe the information is needed immediately may request the information from the county. All other requests are to be submitted to the registry by mail or fax.

Administrators of an agency providing care to a dependent adult in another state, the superintendent, or the superintendent’s designee, of a school district, and the authorities in charge of an accredited nonpublic school are added to the list of persons authorized to have access to dependent adult abuse information for the purposes of a volunteer or employment record check.

A subrule containing policy governing the method of dissemination of abuse information is rescinded as the information is contained elsewhere in the rules.

Policy is added to provide that, if health care programs complete an employment background check using the Internet electronic information system maintained by the Health Facilities Division of the Department of Inspections and Appeals, the administrator of the program is required to sign a form, before receiving the information, agreeing not to redisseminate the information received.

These amendments do not provide for waivers in specified situations because only persons authorized by Iowa law to receive dependent adult abuse information may do so.

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 October 25, 2000.

These amendments are intended to implement Iowa Code chapter 235B as amended by 2000 Iowa Acts, Senate File 2344.

The following amendments are proposed.

ITEM 1. Amend subrule 176.3(1), paragraph “b,” as follows:

b. Adult Dependent adult abuse exists as defined in Iowa Code Supplement section 235B.2.

ITEM 2. Amend subrules 176.6(4) and 176.6(10) as follows:

176.6(4) County attorneys, law enforcement agencies, multidisciplinary teams as defined in Iowa Code section 235A.13, subsection 9, 235B.1, subsection 1, and social services agencies in the state shall cooperate and assist in the evaluation or assessment upon the request of the department. County attorneys and appropriate law enforcement agencies shall also take any other lawful action necessary or advisable for the protection of the dependent adult.

176.6(10) In every case involving adult abuse which is substantiated by the department and which results in a judicial proceeding on behalf of the dependent adult, legal counsel shall be appointed by the court, to represent the dependent adult in the proceedings. The court may also appoint a guardian ad litem to represent the dependent adult when necessary to protect the dependent adult’s best interests. The same attorney may be appointed to serve both as legal counsel and as guardian ad litem. Before legal counsel or a guardian ad litem is appointed pursuant to 1983 Iowa Acts, chapter 153, section 4, Iowa Code section 235B.3, subsection 7, paragraph “c,” the court shall require the dependent adult and any person legally responsible for the support of the dependent adult to complete under oath a detailed financial statement. If, on the basis of that financial statement, the court deems that the dependent adult or the legally responsible person is able to bear all or a portion of the cost of the legal counsel or guardian ad litem, the court shall so order. In cases where the dependent adult or the legally responsible person is unable to bear the cost of the legal counsel or guardian ad litem, the expense shall be paid out of the court expense fund by the county.

ITEM 3. Amend rule 441—176.10(235B) as follows:

Amend subrules 176.10(1) and 176.10(2) as follows:

176.10(1) Requests for information. Written requests for adult abuse information by the subject of a report as defined in subrule 176.10(3), paragraph “a,” shall may be submitted to the county office of the department on Form SS–1114 470–0612, Request for Dependent Adult Abuse Registry Information, except as provided in subrule 176.10(3), paragraph “c.”.

Requests may All other requests for information shall be made by telephone to the central registry by mail or fax pursuant to the requirements of Iowa Code chapter 235B as amended by 1991 Iowa Acts, Senate File 455, section 7, subsection 2 section 235B.7. Oral requests must be followed by a written request to the central registry within 72 hours on Form SS–1114.

176.10(2) Verification of identity. The county office shall verify the identity of the person making the request on Form SS–1114 470–0612, Request for Dependent Adult Abuse Registry Information. Upon verification of the identity of the person making the request, the county office shall transmit the request to the central registry. The central registry shall verify the identity of persons making requests for information directly to the central registry by telephone, mail, fax, or in person, on Form 470–0612, Request for Dependent Adult Abuse Registry Information.

Amend subrule 176.10(3), paragraph “e,” by adopting the following new subparagraphs:

(8) The administrator of an agency providing care to a dependent adult in another state, for the purpose of performing an employment background check.

(9) The superintendent, or the superintendent’s designee, of a school district or the authorities in charge of an accredited nonpublic school for the purposes of a volunteer or employment record check.

Rescind subrule 176.10(4) and adopt the following new subrule in lieu thereof:

176.10(4) Requests concerning applicants for employment and employees of health care programs. A health care program making a request for dependent adult abuse information for the purpose of determining employability, as authorized by Iowa Code section 235B.6, subsection 2, paragraph “e,” subparagraphs (6) and (7), and section 135C.33, subsection 6, shall request the information directly from the central registry or obtain the information from the Internet electronic information system maintained by the health facilities division of the department of inspections and appeals.

Requests made directly to the central registry shall be made on Form 470–0612, Request for Dependent Adult Abuse Registry Information.

Health care programs requesting dependent adult abuse background checks on employee applicants and employees by use of the Internet electronic information system shall complete Form 470–3767, Non–Redissemination Agreement. The form shall be signed by the administrator of the health care program and be sent to the central registry before receipt of the information from the department. The administrator shall agree not to redisseminate dependent adult abuse information obtained through the electronic information system, except as authorized in Iowa Code sections 235B.6 and 235B.8.

Amend subrules 176.10(5) and 176.10(8) to 176.10(10) as follows:

176.10(5) Dissemination of undetermined reports. A report which cannot be determined by a preponderance of the evidence to be founded or unfounded may be disseminated and redisseminated in accordance with Iowa Code chapter 235B as amended by 1991 Iowa Acts, Senate File 455, section 6, section 235B.8 until the report is expunged. Information referred to in the report may be referred to in subsequent reports and evaluations.

176.10(8) Dependent adult abuse information disseminated and redisseminated. Notwithstanding subrule 176.10(l), written requests and oral requests are not required for dependent adult abuse information that is disseminated to an employee of the department of human services, a district court, or the attorney representing the department as authorized by Iowa Code chapter 235B as amended by 1991 Iowa Acts, Senate File 455, section 6 section 235B.6.

176.10(9) Required notification. The department shall notify orally the subject of a report of the results of the evaluation or assessment. The department shall subsequently transmit a written notice to the subject which will include information regarding the results, the confidentiality provisions of Iowa Code Supplement sections 235B.6 and 235B.12, and the procedures for correction or expungement and appeal of dependent adult abuse information as provided in Iowa Code Supplement section 235B.10.

176.10(10) Mandatory reporter notification. The department shall attempt to notify orally the mandatory reporter who made the report in a dependent adult abuse case of the results of the evaluation or assessment and of the confidentiality provisions of Iowa Code Supplement section sections 235B.6 and Iowa Code section 235B.12. The department shall subsequently transmit a written notice on Form 470–2444, Adult Protective Notification, to the mandatory reporter who made the report. The form shall include information regarding the results of the evaluation or assessment and confidentiality provisions. A copy of the written notice shall be transmitted to the registry and shall be maintained by the registry as provided in Iowa Code section 235B.8.

ITEM 4. Amend rule 441—176.13(235B) as follows:

Amend subrules 176.13(1) to 176.13(3) as follows:

176.13(1) Founded reports. A report of dependent adult abuse determined to be founded shall be retained and sealed by the registry in accordance with Iowa Code chapter 235B as amended by 1991 Iowa Acts, Senate File 455, section 9 section 235B.9.

176.13(2) Unfounded reports. A report of dependent adult abuse determined to be unfounded shall be expunged when it is determined to be unfounded in accordance with Iowa Code chapter 235B as amended by 1991 Iowa Acts, Senate File 455, section 9, subsection 2 section 235B.9, subsection 2.

176.13(3) Undetermined reports. A report of dependent adult abuse in which the information cannot be determined by a preponderance of the evidence to be founded or unfounded shall be expunged by the registry in accordance with Iowa Code chapter 235B as amended by 1991 Iowa Acts, Senate File 455, section 9 section 235B.9, subsection 2.

Rescind the implementation clause.

ITEM 5. Amend subrule 176.15(2), paragraphs “c” and “e,” as follows:

c. That no team members shall redisseminate adult abuse information obtained solely through the multidisciplinary team. This shall not preclude redissemination of information as authorized by Iowa Code chapter 235B as amended by 1991 Iowa Acts, Senate File 455, section 6, section 235B.6 when an individual team member has received information as a result of another authorized access provision of the Code.

e. That any written report or document produced by the team pertaining to an individual case shall be made a part of the file for the case and shall be subject to all confidentiality provisions of Iowa Code chapter 235B as amended by 1991 Iowa Acts, Senate File 455 sections 235B.6 and 235B.8 and of 441—Chapter 176.

ITEM 6. Amend 441—Chapter 176, implementation clause, as follows:

These rules are intended to implement Iowa Code chapter 235B as amended by 2000 Iowa Acts, Senate File 2344.

[Published pursuant to Iowa Code §17A.6(1)“d”]

Pursuant to Iowa Code section 509.17, the Commissioner of Insurance hereby gives notice of a public hearing to be held on Wednesday, November 1, 2000, at 10 a.m. in the Lobby Conference Room of the Iowa Insurance Division, 330 Maple, Des Moines, Iowa. The purpose of the hearing will be to receive testimony regarding the proposed revision of premium rates for credit accident and health insurance and credit life insurance for policies sold in the state of Iowa. A decrease of 4.23% is proposed for credit accident and health insurance and a decrease of 4.26% is proposed for credit life insurance.

Any interested party wishing to present evidence shall file all written testimony and exhibits on or before October 26, 2000, with the Insurance Commissioner’s office.

Any interested person shall be given the opportunity to respond and introduce evidence, arguments and objections on all issues involved, such response to be in the form of written testimony and exhibits and filed with the Commissioner’s office on or before October 30, 2000. All filings should be directed to the attention of Klete Geren, Iowa Insurance Division, 330 Maple, Des Moines, Iowa 50319–0065.

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby gives Notice of Intended Action to rescind Chapter 61, “State Parks and Recreation Areas,” Iowa Administrative Code, and adopt new Chapter 61 with the same title.

This proposed amendment accomplishes the following:

1. Rescinds the current Chapter 61 and replaces it with a new version.

2. Changes the minimum number of days from three days to five days that all members of a camping group must vacate a campground before returning to the campground.

3. Increases camping fees.

4. Increases the rental fee for cabins at Lacey–Keosauqua State Park and Lake Wapello State Park.

5. Sets fees for the new cabins to be built at Backbone State Park.

6. Allows heated lodges and cabins to be reserved for the entire month of January instead of just the first week of January.

7. Adds Pleasant Creek, Lake Darling, Green Valley and McIntosh Woods State Parks cabin areas to the list of parks where a small tent by the camping cabins is allowed.

8. Prohibits paintball guns in state parks and recreation areas.

Any interested person may make written suggestions or comments on the proposed amendment on or before October 24, 2000. Such written materials should be directed to the Parks, Recreation and Preserves Division, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319–0034; fax (515)281–6794. Persons who wish to convey their views orally should contact the Division at (515)281–3449 or TDD (515)242–5967 or at the Division offices on the fourth floor of the Wallace State Office Building.

There will be a public hearing on October 24, 2000, at11 a.m. in the Fifth Floor East Conference Room of the Wallace State Office Building at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment.

Any persons who intend to attend a public hearing and have special requirements such as hearing or mobility impairments should contact the Department of Natural Resources and advise of specific needs.

This amendment is intended to implement Iowa Code sections 422.43, 455A.4, 461A.3, 461A.3A, 461A.35, 461A.38, 461A.39, 461A.42, 461A.43, 461A.45 to 461A.51, 461A.57, and 723.4 and Iowa Code chapter 724.

The following amendment is proposed.

Rescind 571—Chapter 61 and adopt in lieu thereof the following new chapter:

CHAPTER 61
STATE PARKS AND RECREATION AREAS

571—61.1(461A) Applicability. This chapter is applicable to all state–owned parks and recreation areas managed by the department of natural resources and political subdivisions unless otherwise noted.

“Bank or shoreline” means the zone of contact of a body of water with the land and an area within 25 feet of the water’s edge.

“Basic unit” or “basic camping unit” means the portable shelter used by one to six persons.

“Beach” is as defined in rule 571—64.1(461A).

“Beach house open shelter” means a building located on the beach which is open on two or more sides and which may or may not have a fireplace.

“Cabin” means a small one–story dwelling of simple construction which is available for rental on a daily or weekly basis.

“Camping” means the erecting of a tent or shelter of natural or synthetic material, or placing a sleeping bag or other bedding material on the ground or parking a motor vehicle, motor home, or trailer for the apparent purpose of overnight occupancy.

“Chaperoned, organized youth group” means a group of persons 17 years of age and under which is sponsored by and accompanied by adult representatives of a formal organization including, but not limited to, Boy Scouts and Girl Scouts of America, churches, Young Men’s and Young Women’s Christian Association.

“Fishing” means taking or attempting to take fish utilizing hook, line and bait as defined in Iowa Code section 481A.72, or use of permitted devices for taking rough fish as determined by Iowa Code section 481A.76.

“Free climbing” means climbing with the use of hands and feet only and without the use of ropes, pins and other devices normally associated with rappelling and rock climbing.

“Group camp” means those camping areas at Dolliver, Springbrook and Lake Keomah where organized groups (i.e., family groups or youth groups) may camp. Dining hall facilities are available and these facilities may be reserved.

“Lodge” means a day–use building which is enclosed on all four sides and may have kitchen facilities such as a stove or refrigerator and which is available for rent on a daily basis. “Lodge” does not include buildings that are open on two or more sides and that contain fireplaces only.

“Modern area” means a camping area which has showers and flush toilets.

“Nonmodern area” means a camping area in which no showers are provided and which contains only pit–type latrines or flush–type toilets. Potable water may or may not be available to campers.

“Open shelter” means a building which is open on two or more sides and which may or may not include a fireplace.

“Organized youth group campsite” means a designated camping area within or next to the main campground where chaperoned, organized youth groups may camp.

“Person with physical disability” means an individual, commonly termed a paraplegic or quadriplegic, with paralysis or a physical condition of the lower half of the body with the involvement of both legs, usually due to disease or injury to the spinal cord; a person who is a single or double amputee of the legs; or a person with any other physical affliction which makes it impossible to ambulate successfully in park or recreation area natural surroundings without the use of a wheeled conveyance.

“Persons with disabilities parking permit” means an identification device bearing the international symbol of accessibility issued by the Iowa department of transportation or similar devices issued by other states. The device can be a hanging device or on a motor vehicle as a plate or sticker as provided in Iowa Code section 321L.2 or 321L.9.

“Possession” means exercising dominion or control with or without ownership over property.

“Prohibited activity” means any activity other than fishing as defined in this rule including, but not limited to, picnicking and camping.

“Property” means personal property such as goods, money, or domestic animals.

“Recreation areas” means the following areas that have been designated by action of the natural resource commission:

These areas are managed for multiple uses, including public hunting, and are governed by rules established in this chapter as well as 571—Chapters 52 and 105. Use and management of these areas are governed by Iowa Code chapter 461A and by rules prescribed on area signs pursuant to Iowa Code section 461A.44.

“Refuse” means trash, garbage, rubbish, waste papers, bottles or cans, debris, litter, oil, solvents, liquid or solid waste or other discarded material.

“Scuba diving” means swimming with the aid of a self–contained underwater breathing apparatus.

“State park” means the following areas managed by the state and designated by action of the natural resource commission:

Use and management of these areas are governed by Iowa Code chapter 461A and by other rules prescribed on area signs pursuant to Iowa Code section 461A.44.

“State park managed by another governmental entity” means the following areas designated by action of the natural resource commission:

Use and management of these areas are governed by Iowa Code chapter 461A, by this chapter, and by rules adopted by the managing entity.

“State preserve” means the following areas or portion of the areas designated by action of the natural resource commission and state preserves advisory board:

Use and management of these areas are governed by rules established in this chapter as well as by management plans adopted by the preserves advisory board.

“Swim” or “swimming” means to propel oneself in water by natural means, such as movement of limbs, and includes but is not limited to wading and the use of inner tubes or beach toy–type swimming aids.

“Winter season” means from the second Saturday in October to the third Sunday in May.

“Yurt” means a one–room circular fabric structure built on a platform which is available for rental on a daily or weekly basis.

61.3(1) Fees. The following are maximum fees for camping in state parks and recreation areas. The fees may be reduced or waived by the director for special events or special promotional efforts sponsored by the department of natural resources. Special events or promotional efforts shall be conducted so as to give all park facility users equal opportunity to take advantage of reduced or waived fees. Reductions or waivers shall be on a statewide basis covering like facilities. In the case of promotional events, prizes shall be awarded by random drawing of registrations made available to all park visitors during the event.

(1) Camping tickets shall be valid for the calendar year in which the book is purchased and the calendar year immediately following.

In areas subject to a local option sales tax, the fee shall be administratively adjusted so that persons camping in those areas will pay the same total cost applicable in other areas.

(2) Camping tickets sold in one year will be valid for the following year. Persons using camping tickets purchased during the previous year will not be required to pay the difference due to any fee increase.

k. Fees as given in paragraph “a” shall be in effect each year in the following areas during the time period shown below:

Backbone State Park, Delaware County—Monday before the national Memorial Day holiday through October 31 or until the shower facilities are closed for the season, whichever comes first.

Elinor Bedell State Park, Dickinson County—Monday before the national Memorial Day holiday through October 31 or until the shower facilities at Gull Point State Park are closed for the season, whichever comes first.

Elk Rock State Park, Marion County—Monday before the national Memorial Day holiday through October 31 or until the shower facilities are closed for the season, whichever comes first.

Emerson Bay Campground, Dickinson County—Monday before the national Memorial Day holiday through October 31 or until the shower facilities are closed for the season, whichever comes first.

Fairport Campground, Muscatine County—May 1 through Monday, the national Labor Day holiday.

Gull Point State Park, Dickinson County—Monday before the national Memorial Day holiday through October 31 or until the shower facilities are closed for the season, whichever comes first.

Lake Manawa State Park, Pottawattamie County— Monday before the national Memorial Day holiday through October 31 or until the shower facilities are closed for the season, whichever comes first.

Ledges State Park, Boone County—Monday before the national Memorial Day holiday through October 31 or until the shower facilities are closed for the season, whichever comes first.

Maquoketa Caves State Park, Jackson County—Monday before the national Memorial Day holiday through October 31 or until the shower facilities are closed for the season, whichever comes first.

Marble Beach Campground, Dickinson County— Monday before the national Memorial Day holiday through October 31 or until the shower facilities are closed for the season, whichever comes first.

Pikes Peak State Park, Clayton County—Monday before the national Memorial Day holiday through October 31 or until the shower facilities are closed for the season, whichever comes first.

Waubonsie State Park, Fremont County—Monday before the national Memorial Day holiday through October 31 or until the shower facilities are closed for the season, whichever comes first.

61.3(2) Varying fees. Fees charged for like services in state–owned areas under management by political subdivisions may vary from those established by this chapter.

61.3(3) Procedures for camping registration.

a. In most instances, registration of campers will be handled by a self–registration process. Registration forms will be provided by the department of natural resources.

Campers shall, within one–half hour of arrival at the campground, complete the registration form, place the appropriate fee or number of camping tickets in the envelope and place the envelope in the depository provided by the department of natural resources. One copy must then be placed in the holder provided at the campsite.

b. Campsites are considered occupied and registration for a campsite shall be considered complete when the requirements of 61.3(3)“a,” second paragraph, have been met; however, it shall be the responsibility of the registered camper to ensure that the site is visibly occupied, thereby secure from others registering into the site if the site appears not to be occupied.

c. Campsite registration must be in the name of a person 18 years of age or older who will occupy the camping unit on that site for the full term of the registration.

d. Each camping ticket as provided in 61.3(1)“j” shall cover the cost of one night of camping in a modern area on a site where electricity is furnished. Persons camping on equestrian sites or on sites which also have sewer and water hookups or cable television hookups available must pay the additional charges for these services in addition to utilizing a camping ticket. Use of a camping ticket in an area or on a site which would require a lesser fee than an electrical site in a modern area will not entitle the user to a refund or credit of any nature.

61.3(4) Designated youth group campsite registration and reservations.

a. Registration procedures for designated youth group campsites shall be governed by “a,” “b” and “c” of 61.3(3).

b. Designated youth group campsites may be reserved by contacting the park manager. Reservations will be accepted for only the current calendar year.

61.3(5) Restrictions on campsite/campground use. This subrule sets forth conditions of public use which apply to all state parks and recreation areas. These general conditions are subject to exceptions for specific areas as listed in 61.3(6), 61.6(461A) and 61.9(461A). The conditions in this subrule are in addition to specific conditions and restrictions set forth in Iowa Code chapter 461A.

a. Camping is restricted to designated camping areas within state parks and recreation areas and state forest campgrounds.

b. Camping is restricted to one basic unit per site except that a small tent or other type of camping unit may be placed on a site with the basic unit so long as the persons occupying the second unit are under 18 years of age and are dependent members of the immediate family occupying the basic unit.

c. Each camping group shall utilize only the electrical outlet fixture designated for its particular campsite. No extension cords or other means of hookup shall be used to furnish electricity from one designated campsite to another.

d. Each camping group will be permitted to park one motor vehicle not being used for camping purposes at the campsite. One additional vehicle may be parked at the campsite, unless otherwise posted at the park, provided that the fee given in 61.3(1)“i” has been paid.

e. All motor vehicles, excluding motorcycles, not covered by the provision in 61.3(5)“d” shall be parked in designated extra–vehicle parking areas.

f. Campers shall register as provided in subrule 61.3(3) within one–half hour of entering the campground.

g. Campers shall vacate the campground or register for the night prior to 4 p.m. daily. Registration can be for more than 1 day at a time but not for more than 14 consecutive days. All members of the camping party must vacate the state park campground on the fourteenth day and may not return to that same area until a minimum of 5 days has passed. All equipment must be removed from the site at the end of each stay. The 14–day limitation shall not apply to volunteers working under a department of natural resources campground host program agreement or to seasonal employees working under the Internship or Americorp program.

h. Campsites marked with the international symbol of accessibility shall be used only by vehicles displaying a persons with disabilities parking permit. The vehicle must be in use by a person with a disability, either as an operator or passenger.

i. In designated campgrounds in all state areas, equine animals and llamas must be stabled inside a trailer or, when provided, at a hitch rail, individual stall or corral. Equine animals and llamas may be hitched to trailers for short periods of time to allow for grooming and saddling. These animals may be stabled at trailers where no hitching facilities are provided. Portable stalls/pens or electric fences are not permitted.

61.3(6) Area–specific restrictions on campground use. Notwithstanding the general conditions of public use set forth in 61.3(5) and 61.5(461A), special conditions shall apply to specific areas listed as follows:

a. Brushy Creek Recreation Area, Webster County.

(1) In the designated equestrian campgrounds, the maximum number of equine animals to be tied to the new, larger hitching rails is six and the maximum number for the older, smaller rails is four. Persons with a number of equine animals in excess of the number permitted on the hitching rail at their campsite shall be allowed to stable their additional animals in a trailer or at a nearby, unrented campsite.

(2) In the designated equestrian campgrounds, equine animals may be tied to trailers for short periods of time to allow grooming or saddling; however, the tying of equine animals to the exterior of trailers for extended periods of time or for stabling is not permitted.

b. Mines of Spain Recreation Area, Dubuque County. All persons except campers shall vacate all portions of the Mines of Spain Recreation Area prior to 10:30 p.m. each day, and no person or persons shall enter into the area until 4 a.m. the following day. Campers must remain in the campground between 10:30 p.m. and 4 a.m.

c. Volga River State Recreation Area, Fayette County. Access into and out of designated campgrounds shall be permitted from 4 a.m. to 10:30 p.m. From 10:30 p.m. to 4 a.m., only registered campers are permitted in the campground.

d. Lake Manawa State Park, Pottawattamie County. Except for the following limitations on campground length of stay, campsite use restrictions as stated in 61.3(5) shall apply to Lake Manawa.

Registration can be for more than 1 day at a time but not for more than 14 consecutive days. No person may camp at the Lake Manawa campground for more than 14 days in any 30–day period.

e. Walnut Woods State Park, Polk County. Except for the following limitations on campground length of stay, campsite use restrictions as stated in 61.3(5) shall apply to Walnut Woods.

Registration can be for more than 1 day at a time but not for more than 14 consecutive days. No person may camp at the Walnut Woods campground for more than 14 days in any 30–day period.

61.3(7) Campground fishing. Rule 61.9(461A) is not intended to prohibit fishing by registered campers who fish from the shoreline within the camping area.

571—61.4(461A) Rental facilities, including cabins, lodges, open shelters, beach house open shelters, yurts, and group camps. The following are maximum fees for facility use in state parks and recreation areas. The fees may be reduced or waived by the director for special events or special promotional efforts sponsored by the department of natural resources. Special events or promotional efforts shall be conducted so as to give all park facility users equal opportunity to take advantage of reduced or waived fees. Reductions or waivers shall be on a statewide basis covering like facilities. In the case of promotional events, prizes shall be awarded by random drawing of registrations made available to all park visitors during the event.

61.4(1) Fees:

a. Cabin rental. This fee does not include tax.

b. Yurt rental. This fee does not include tax.

c. Lodge rental per reservation. This fee does not include tax.

**Does not contain kitchen facilities

d. Open shelter reservation, $20 plus applicable tax.

e. Beach house open shelter reservation, $40 plus applicable tax.

Lake Ahquabi State Park, Warren County

Lake Wapello State Park, Davis County

Pine Lake State Park, Hardin County

Springbrook State Park, Guthrie County

f. Group camp rental. This fee does not include tax.

(1) Dolliver State Park, Webster County, and Springbrook State Park, Guthrie County. Rental includes use of restroom/shower facility at Dolliver.

1. Chaperoned, organized youth groups—$1.25 per day per person with a minimum charge per day of $55.

2. Other groups—$15 per day per cabin plus $25 per day for the kitchen and dining facility.

(2) Springbrook dining hall—day use only, $40.

(3) Lake Keomah State Park, Mahaska County.

1. Chaperoned, organized youth groups—$25 per day for the dining/restroom facility plus the applicable camping fee.

2. Other groups—$25 per day for the dining/restroom facility plus the applicable camping fee.

61.4(2) Varying fees. Fees charged for like services in state–owned areas under management by political subdivisions may vary from those established by this chapter.

61.4(3) Procedures for lodge, open shelter, beach house open shelter, yurt, cabin, and group camp registration, reservations and rentals.

a. Reservations for all rental facilities must be in the name of a person 18 years of age or older who will be present at the facility for the full term of the reservation.

b. Except for the year–round–use cabins and heated lodges, reservations for the facilities listed in this subrule are to be made only for the current calendar year. For the year–round–use cabins and the heated lodges at Walnut Woods, Wapsipinicon, and Lacey–Keosauqua State Parks, reservations will be accepted starting on November 1 of each year only for the month of January of the next year.

c. Mail–in reservations for the next calendar year received prior to January 1 or November 1, as applicable, will be placed in a box and chosen by random drawing on the first business day following January 1 or November 1.

d. All mail–in requests will be handled on a random–drawing basis daily throughout the calendar year.

e. Telephone and walk–in reservations will not be accepted until the first business day following November 1 of each year for the heated cabins and heated lodges and the first business day after January 1 of each year for all other cabins, yurts, group camps, lodges, open shelters, beach house open shelters, or designated organized youth camp sites.

f. Walk–in and telephone requests on the first business day following January 1 or November 1, as applicable, will be handled on a first–come, first–served basis after all mail–in requests have been handled. Walk–in and telephone requests after the first business day following January 1 or November 1 will be handled on a first–come, first–served basis.

g. Except as provided in 61.4(3)“h” and “i,” cabin and group camp reservations must be for a minimum of one week (Saturday p.m. to Saturday a.m.). Reservations for more than a two–week stay will not be accepted for any facility. These facilities, if not reserved, may be rented for a minimum of two nights on a walk–in, first–come, first–served basis. No walk–in rentals will be permitted after 6 p.m. of the first night of the rental period.

h. After Labor Day week, and prior to the Monday before the national Memorial Day holiday, two–night reservations may be made in advance for cabin use during that time period. Such reservations must be received at least seven days prior to the first night of the desired two–night stay.

i. The sleeping–room cabin at Wilson Island State Recreation Area, the cabins and group camp at Dolliver, the cabins at Pleasant Creek, Green Valley and Lake Darling, the yurts at McIntosh Woods, and the group camp at Springbrook State Park may be reserved for a minimum of two nights throughout the rental season.

j. Persons renting cabins, yurts or group camp facilities must check in at or after 4 p.m. on Saturday. Check–out time is 11 a.m. or earlier on Saturday.

k. Persons renting facilities listed in 61.4(3)“i” must check in at or after 4 p.m. on the first day of the two–night rental period. Check–out time is 11 a.m. or earlier on the last day of the two–night rental period.

l. Except by arrangement for late arrival with the park manager, no cabin, yurt or group camp reservation will be held past 6 p.m. on the first night of the reservation period if the person reserving the facility does not arrive. When arrangements for late arrival have been made, the person must appear prior to the park’s closing time established by Iowa Code section 461A.46 and subrule 61.5(10) or access will not be permitted to the facility until 8 a.m. the following day. Arrangements must be made with the park manager if next–day arrival is to be later than 9 a.m.

m. The number of persons occupying rental cabins is limited to six in cabins which contain one bedroom or lessand eight in cabins with two bedrooms. Occupancy of the sleeping–area and camping cabins located at Green Valley State Park, Lake Darling State Park, Pine Lake State Park, Pleasant Creek State Recreation Area and Wilson Island State Recreation Area is limited to four persons. Occupancy of the yurts is limited to four persons.

n. Except at Wilson Island State Recreation Area, Dolliver State Park, Pleasant Creek State Recreation Area, Lake Darling State Park, Green Valley State Park and McIntosh Woods State Park, no tents or other camping units are permitted for overnight occupancy in the designated cabin area. Tents or camping units placed in the cabin area are subject to the occupancy requirements of 61.3(5)“b.”

o. Lodges, open shelters and beach house open shelters may be reserved using the procedures outlined in paragraphs “a” through “f.” Lodges, open shelters and beach house open shelters which are not reserved are available on a first–come, first–served basis.

p. Except by arrangement with the park manager in charge of the area, persons renting lodge, shelter, and beach house open shelter facilities and all guests shall vacate the facility by 10 p.m.

61.4(4) Winter season cabin rental—Backbone State Park, Pine Lake State Park and Wilson Island Recreation Area. Procedures and conditions for winter season cabin rental include the following:

a. Procedures for winter season rentals of the heated cabins at Backbone State Park, Pine Lake State Park, and Wilson Island State Recreation Area shall be governed by paragraphs “a” through “f,” “h,” “i,” “m,” and “n” of 61.4(3).

b. All reservation requests must be for a minimum stay of two nights.

c. All reservation requests must be received by the park manager at least two weeks prior to the first night covered by the reservation in order to allow work schedule adjustments for park personnel.

d. Unreserved cabins may be rented for a minimum of two nights on a walk–in, first–come, first–served basis. Renters must check in during normal business hours (8 a.m. to4 p.m.). Check–in will be subject to availability of staff.

e. Reservations may not be held past 9 p.m. on the first night of the reservation period if the person reserving the facility does not arrive or make arrangements with the park manager for late arrival. The cabin may be rented on a first–come, first–served basis to another person if the original renter has not arrived or made other arrangements prior to 12 noon of the next day.

61.4(5) Reservations for handicapped–accessible cabins at Backbone and Pine Lake State Parks.

a. Persons with physical disabilities may make reservations for the four year–round cabins at Backbone State Park and the handicapped–accessible cabin at Pine Lake State Park under the following procedures:

(1) Priority reservations for these facilities will be accepted from October 1 through December 1 at 4:30 p.m., or the closest business day, for the following calendar year only. This may include the full week containing the New Year’s Day holiday of that year.

(2) Application for reservations must be on forms furnished by DNR.

(3) Mail–in reservations received between the dates given in subparagraph (1) shall be placed in a box and chosen by random drawing on the first business day following December 1. Walk–in and telephone requests on December 1 or the closest business day will be handled on a first–come, first–served basis without priority considerations.

b. Reservation requests received outside of the above application period will be handled by the procedures given in 61.4(3)“a” through “o.”

c. Procedures for rental of the handicapped–accessible cabins shall be governed by paragraphs “a,” “g,” “h,” “j,” and “l” to “n” of 61.4(3).

61.4(6) Reservation and damage deposits for all rental facilities.

a. Reservation deposit.

(1) All cabin, yurt or group camp reservation requests must be accompanied by a reservation deposit equivalent to one day of the daily rate for that rental unit as provided in 61.4(1)“a,” “b” or “f.” No sales tax shall be included. The deposit shall be required for each rental unit and rental period requested. The reservation deposit will be applied toward the total rental fee when the rental fee is due. Reservations made by telephone will be held for seven working days. If written confirmation and the reservation deposit are not received by the end of the seventh working day, the reservation will be canceled.

(2) Requests for lodge, open shelter, and beach house open shelter rental shall be accompanied by the full rental fee as provided in 61.4(1)“c” through “e,” including tax. Reservations made by telephone will be held for seven working days. If written confirmation and the reservation fee are not received by the end of the seventh working day, the reservation will be canceled.

b. Rental fee and damage deposit payment.

(1) Upon arrival for the cabin or yurt rental period, renters shall pay in full a damage deposit in the amount of $50 and the remainder of the applicable rental fee, including all sales tax. The damage deposit shall be paid by use of a separate financial instrument (e.g., check, money order, or cash) from the rental fee.

(2) Upon arrival for the group camp rental period, renters shall pay in full a damage deposit of $50. The remainder of the applicable rental fee, including all sales tax, shall be paid in full when the rental period is over and the area is ready to be vacated.

(3) Upon arrival for the lodge rental period, renters shall pay in full a damage deposit of $50.

(4) Damage deposits will be refunded only after authorized personnel inspect the rental facility to ensure that the facility and furnishings are in satisfactory condition.

(5) If it is necessary for department personnel to clean up the facility or repair any damage beyond ordinary wear and tear, a log of the time spent in such cleanup or repair shall be kept. The damage deposit refund shall be reduced by an amount equivalent to the applicable hourly wage of the employees for the time necessary to clean the area or repair the damage and by the cost of any repair of furnishings.

(6) The deposit is not to be construed as a limit of liability for damage to state property. The department may take legal action necessary to recover additional damages.

(7) Individuals who wish to cancel a reservation must do so at least 30 calendar days prior to the rental date in order to receive a full refund of the reservation deposit or any rental fees paid in advance. If it is necessary to cancel a reservation after the 30–day allowance, a refund may be made only under the following conditions:

1. Inclement weather prohibits arrival at or entrance to the state park cabin, group camp, open shelter, lodge area, beach house open shelter or yurt.

2. Personal emergency prevents arrival or requires departure prior to the end of the rental period. Personal emergency is defined to include a death, serious illness or accident involving immediate family. Rental fees may be refunded on a prorated basis in the case of early departure due to personal emergency.

61.4(7) Miscellaneous fees. This fee does not include tax.

571—61.5(461A) Restrictions—area and use. This rule sets forth conditions of public use which apply to all state parks and recreation areas. These general conditions are subject to exceptions for specific areas as listed in 61.3(6), 61.6(461A) and 61.9(461A). The conditions in this rule are in addition to specific conditions and restrictions set forth in Iowa Code chapter 461A.

61.5(1) Animals.

a. The use of equine animals and llamas is limited to roadways or to trails designated for such use.

b. Animals are prohibited within designated beach areas.

c. Livestock are not permitted to graze or roam within state parks and recreation areas. The owner of the livestock shall remove the livestock immediately upon notification by the department of natural resources personnel in charge of the area.

d. Except for dogs being used in designated hunting or in dog training areas, pets such as dogs or cats shall not be allowed to run at large within state parks, recreation areas, and preserves. Such animals shall be on a leash or chain not to exceed six feet in length and shall be either led by or carried by the owner, attached to an anchor/tie out or vehicle, or confined in a vehicle.

61.5(2) Beach use/swimming.

a. Except as provided in paragraphs “b” and “d” of this subrule, all swimming and scuba diving shall take place in the beach area within the boundaries marked by ropes, buoys, or signs within state park and recreation areas. Inner tubes, air mattresses and other beach–type items shall be used only in designated beach areas.

b. Persons may scuba dive in areas other than the designated beach area provided they display the diver’s flag as specified in rule 571—41.10(462A).

c. The provisions of paragraph “a” of this subrule shall not be construed as prohibiting wading in areas other than the beach by persons actively engaged in shoreline fishing.

d. Unless otherwise posted, persons may swim outside the beach area under the following conditions:

(1) Within ten feet of a vessel which is anchored not less than 100 yards from the shoreline or the marked boundary of a designated beach.

(2) Sailboat or other vessel passengers who enter the water to upright or repair their vessel and remain within ten feet of that vessel.

(3) All vessels, except those being uprighted, must be attended at all times by at least one person remaining on board.

61.5(3) Bottles. Possession or use of breakable containers, the fragmented parts of which can injure a person, is prohibited in beach areas of state parks and recreation areas.

61.5(4) Chainsaws. Except by written permission of the director of the department of natural resources, chainsaw use is prohibited in state parks and recreation areas. This provision is not applicable to employees of the department of natural resources in the performance of their official duties.

61.5(5) Firearms. The use of firearms in state parks and recreation areas, as defined in 61.2(461A), is limited to the following:

a. Lawful hunting as traditionally provided at Badger Creek Recreation Area, Brushy Creek Recreation Area, Pleasant Creek Recreation Area, Volga River Recreation Area and Wilson Island Recreation Area.

b. Target and practice shooting in areas designated by DNR.

c. Special events, festivals, and education programs sponsored or permitted by DNR.

d. Special hunts authorized by the natural resource commission to control animal population.

61.5(6) Fishing off boat docks within state areas. Persons may fish off all state–owned docks within state parks and recreation areas. Persons fishing off these docks must yield to boats and not interfere with boaters. Willful interference is a violation of this subrule.

61.5(7) Garbage. Using government refuse receptacles for dumping household, commercial, or industrial refuse brought as such from private property is prohibited.

61.5(8) Motor vehicle restrictions.

a. Except as provided in these rules, motor vehicles are prohibited on state parks, recreation areas and preserves except on constructed and designated roads, parking lots and campgrounds.

b. Persons with physical disabilities. Persons with physical disabilities may use certain motor vehicles on state parks, recreation areas and preserves, according to restrictions set out in this paragraph, in order that they might enjoy such recreational opportunities as are available to others.

(1) Definition. For purposes of this subrule, the following definition shall apply. “Motor vehicle” means any self–propelled vehicle, electric or gas, having at least three wheels, but no more than six, and that is limited in engine displacement to less than 800 cubic centimeters and in total dry weight to less than 1,450 pounds.

(2) Permits.

1. Each person with a physical disability must have a permit issued by the director in order to use motor vehicles on state parks, recreation areas, and preserves. Such permits will be issued without charge. An applicant must submit a certificate from a doctor stating that the applicant meets the criteria describing a person with a physical disability. One nonhandicapped companion of a permit holder is covered under the condition of this permit.

2. Existing permits. Those persons possessing a valid permit for use of a motorized vehicle on game management areas as provided in 571—51.7(461A) may use a motor vehicle to gain access to recreational opportunities and facilities within state parks, recreation areas and preserves.

(3) Approved areas. A permit holder must contact the park manager or natural resource technician of the specific area that the permit holder wishes to use on each visit. The park manager or technician will determine which areas or portions of areas will not be open to use by permittees, in order to protect the permittees from hazards or to protect certain natural resources of the area. The park manager or technician may assist by arranging access to the areas within the park manager’s or technician’s jurisdiction and by designating specific sites or trails on the area where the motor vehicle may be used and where it may not be used. The park manager or technician will provide a map of the park or recreation area showing sites where use is permitted and bearing the signature of the manager or technician.

(4) Exclusive use. The issuance of a permit does not imply that the permittee has exclusive use of an area. Permittees shall take reasonable care so as not to unduly interfere with the use of the area by others.

(5) Prohibited acts and restrictions.

1. Except as provided in 61.5(8)“a,” the use of a motor vehicle on any park, recreation area or preserve by a person without a valid permit or at any site not approved on a signed map is prohibited. Permits and maps must be carried by the permittee at any time the permittee is using a motor vehicle on a park, recreation area or preserve and must be exhibited to any department employee or law enforcement official upon request.

2. The speed limit for an approved motor vehicle off roadways will be no more than 15 mph. The permit of a person who is found exceeding the speed limit will be revoked.

3. The permit of any person who is found causing damage to cultural and natural features or abusing the privilege of riding off–road within the park will be revoked.

(6) Employees exempt. Restrictions in subrule 61.5(8) shall not apply to department personnel, law enforcement officials, or other authorized persons engaged in research, management or enforcement when in performance of their duties.

61.5(9) Noise. Creating or sustaining any unreasonable noise in any portion of all state parks and recreation areas is prohibited at all times. The nature and purpose of a person’s conduct, the impact on other area users, the time of day, location, and other factors which would govern the conduct of a reasonable, prudent person under the circumstances shall be used to determine whether the noise is unreasonable. This shall include the operation or utilization of motorized equipment or machinery such as an electric generator, motor vehicle, or motorized toy; or audio device such as a radio, television set, tape deck, public address system, or musical instrument; or other device causing unreasonable noise. Between the hours of 10:30 p.m. and 6 a.m., noise which can be heard at a distance of 120 feet or three campsites shall be considered unreasonable.

61.5(10) Opening and closing times. Except by arrangement or permission granted by the director or the director’s authorized representative or as otherwise stated in this chapter, the following restrictions shall apply: All persons shall vacate all state parks before 10:30 p.m., each day, except authorized campers in accordance with Iowa Code section 461A.46, and no person or persons shall enter into such parks and preserves until 4 a.m. the following day.

61.5(11) Paintball guns. The use of items generally referred to as paintball guns is prohibited in state parks, recreation areas and preserves.

61.5(12) Restrictions on picnic site use.

a. Open picnic sites marked with the international symbol of accessibility shall be used only by a person or group with a person qualifying for and displaying a persons with disabilities parking permit on the person’s vehicle.

b. Paragraph 61.5(12)“a” does not apply to picnic shelters marked with the international accessibility symbol. The use of the symbol on shelters shall serve only as an indication that the shelter is wheelchair accessible.

61.5(13) Rock climbing or rappelling. The rock climbing practice known as free climbing and climbing or rappelling activities which utilize bolts, pitons, or similar permanent anchoring equipment or ropes, harnesses, or slings is prohibited in state parks and recreation areas, except by persons or groups registered with the park manager or technician in charge of the area. Individual members of a group must each sign a registration. Climbing or rappelling will not be permitted at the Ledges State Park, Boone County; Dolliver State Park, Webster County; Stone State Park, Woodbury County; Wildcat Den State Park, Muscatine County; or Mines of Spain Recreation Area, Dubuque County. Other sites may be closed to climbing or rappelling if environmental damage or safety problems occur or if an endangered or threatened species is present.

61.5(14) Speech or conduct unreasonably interfering with lawful use of an area by others.

a. Unprovoked speech commonly perceived as offensive or abusive is prohibited when such speech unreasonably interferes with lawful use and enjoyment of the area by another member of the public.

b. Quarreling or fighting is prohibited when it unreasonably interferes with the lawful use and enjoyment of the area by another member of the public.

571—61.6(461A) Certain conditions of public use applicable to specific parks and recreation areas. Notwithstanding the general conditions of public use set forth in 61.3(5) and 61.5(461A), special conditions shall apply to the specific areas listed as follows:

61.6(1) Hattie Elston Access and Claire Wilson Park, Dickinson County.

a. Except as provided in 61.9(461A), these areas are closed to public access from 10:30 p.m. to 4 a.m.

b. Parking of vehicles of any type on these areas is prohibited unless the vehicle operator and occupants are actively using the area for fishing or other recreational purposes.

c. Overnight camping is prohibited.

61.6(2) Pleasant Creek Recreation Area, Linn County. Swimming is limited by the provisions of 61.5(2); also, swimming is prohibited at the beach from 10:30 p.m. to 6 a.m. daily. Access into and out of the north portion of the area between the east end of the dam to the campground shall be closed from 10:30 p.m. to 4 a.m., except that walk–in overnight fishing will be allowed along the dam. The areas known as the dog trial area and the equestrian area shall be closed from 10:30 p.m. to 4 a.m., except for equestrian camping and for those persons participating in a DNR–authorized field trial. From 10:30 p.m. to 4 a.m., only registered campers are permitted in the campground.

61.6(3) Wapsipinicon State Park, Jones County. The recreation area portion of the park is closed to the public from 10:30 p.m. to 4 a.m.

61.7(1) The following described portions of the Mines of Spain Recreation Area are established and will be posted as wildlife refuges:

a. That portion within the city limits of the city of Dubuque located west of U.S. Highway 61 and north of Mar Jo Hills Road.

b. The tract leased by the department of natural resources from the city of Dubuque upon which the E. B. Lyons Interpretive Center is located.

c. That portion located south of the north line of Section 8, Township 88 North, Range 3 East of the 5th P.M. between the west property boundary and the east line of said Section 8.

d. That portion located north of Catfish Creek, east of the Mines of Spain Road and south of the railroad tracks. This portion contains the Julien Dubuque Monument.

61.7(2) Trapping and archery hunting for all legal species are permitted in compliance with all open–season, license and possession limits on the Mines of Spain Recreation Area except in those areas designated as refuges by subrule 61.7(1).

61.7(3) Firearm use is prohibited in the following described areas:

a. The areas described in subrule 61.7(1).

b. The area north and west of Catfish Creek and west of Granger Creek.

61.7(4) Deer hunting with guns and muzzle loading rifles and hunting for all other species are permitted only during the regular gun season and with shotguns only as established by 571—Chapter 106. Areas not described in 61.7(3) are open for hunting. Hunting shall be in compliance with all other regulations.

61.7(5) Turkey hunting with shotguns is allowed only in compliance with the following regulations:

a. Only during the first shotgun hunting season established in 571—Chapter 98, which is typically four days in mid–April.

b. Only in that area of the Mines of Spain Recreation Area located east of the newly established roadway and south of the Horseshoe Bluff quarry.

61.7(6) The use or possession of a handgun or any type of rifle is prohibited on the entire Mines of Spain Recreation Area except as provided in 61.7(4). Target and practice shooting with any type of firearm is prohibited.

61.7(7) All forms of hunting, trapping and firearms use not specifically permitted by 61.7(461A) are prohibited on the Mines of Spain Recreation Area.

571—61.8(461A) After–hours fishing—exception to closing time. Persons shall be allowed access to the areas designated in 61.9(461A) between the hours of 10:30 p.m. and 4 a.m. under the following conditions:

1. The person is to be actively engaged in fishing.

2. The person shall behave in a quiet, courteous manner so as to not disturb other users of the park such as campers.

3. Access to the fishing site from the parking area shall be by the shortest and most direct trail or access facility.

4. Vehicle parking shall be in the lots designated by signs posted in the area.

5. Activities other than fishing are allowed with permission of the director or an employee designated by the director.

571—61.9(461A) Designated areas for after–hours fishing. Areas which are open from 10 p.m. to 4 a.m. are shown on maps available from the department of natural resources. The areas are described as follows:

61.9(1) Black Hawk Lake, Sac County. The area of the state park between the road and the lake running from the marina at Drillings Point on the northeast end of the lake approximately three–fourths of a mile in a southwesterly direction to a point where the park boundary decreases to include only the roadway.

61.9(2) Bobwhite State Park, Wayne County. Both sides of the east–west causeway embankment on County Road J46 from the parking lot on the west end of the causeway to a point approximately 300 feet east of the causeway bridge.

61.9(3) Claire Wilson Park, Dickinson County. The entire area including the parking lot, shoreline and fishing trestle facility.

61.9(4) Elinor Bedell State Park, Dickinson County. The entire length of the shoreline within state park boundaries.

61.9(5) Green Valley Lake, Union County.

a. The embankment of the road from the small parking area east of the park ranger’s residence east to the “T” intersection and south to the westerly end of a point of land jutting into the lake directly south of the parking lot mentioned above.

b. From the east side of the spillway easterly across the dam to the west edge of the parking lot.

61.9(6) Hattie Elston Access, Dickinson County. The entire area including the parking lot shoreline and boat ramp facilities.

61.9(7) Honey Creek State Park, Appanoose County. The boat ramp area located north of the park office, access to which is the first road to the left upon entering the park.

61.9(8) Lake Geode State Park, Des Moines County portion. The area of the dam embankment between the county road and the lake as shown on the map.

61.9(9) Lake Keomah State Park, Mahaska County.

a. The embankment of the dam between the crest of the dam and the lake.

b. The shoreline between the road and the lake from the south boat launch area west and north to the junction with the road leading to the group camp shelter.

61.9(10) Lake Macbride State Park, Johnson County. The shoreline of the south arm of the lake adjacent to the county road commencing at the “T” intersection of the roads at the north end of the north–south causeway proceeding across the causeway thence southeasterly along a foot trail to the east–west causeway, across the causeway to the parking area on the east end of that causeway.

61.9(11) Lake Manawa State Park, Pottawattamie County. The west shoreline including both sides of the main park road, commencing at the north park entrance and continuing south 1.5 miles to the parking lot immediately north of the picnic area known as “Boy Scout Island.”

61.9(12) Lower Pine Lake, Hardin County. West shoreline along Hardin County Road S56 from the beach southerly to the boat ramp access.

61.9(13) Mini–Wakan State Park, Dickinson County. The entire area.

61.9(14) North Twin Lake State Park, Calhoun County. The shoreline of the large day–use area containing the swimming beach on the east shore of the lake.

61.9(15) Pikes Point State Park, Dickinson County. The shoreline areas of Pikes Point State Park on the east side of West Okoboji Lake.

61.9(16) Prairie Rose State Park, Shelby County. The west side of the embankment of the causeway across the southeast arm of the lake including the shoreline west of the parking area to its junction with the road leading toward the park ranger residence.

61.9(17) Rock Creek Lake, Jasper County. Both sides of the County Road F27 causeway across the main north portion of the lake.

61.9(18) Union Grove State Park, Tama County.

a. The dam embankment from the spillway to a line parallel with the west end of the parking lot adjacent to the dam.

b. The area of state park between the county road and the lake along the west shoreline from the causeway on the north end of the lake to the southerly end of the arm of the lake that extends southwesterly of the main water body.

61.9(19) Upper Pine Lake, Hardin County. Southwest shoreline extending from the boat launch ramp to the dam.

61.9(20) Viking Lake State Park, Montgomery County. The embankment of the dam from the parking area located southeast of the dam area northwesterly across the dam structure to its intersection with the natural shoreline of the lake.

571—61.10(461A) Vessels prohibited. Rule 61.9(461A) does not permit the use of vessels on the artificial lakes within state parks after the 10:30 p.m. park closing time. All fishing is to be done from the bank or shoreline of the permitted area.

571—61.11(461A) Severability. Should any rule, subrule, paragraph, phrase, sentence or clause of this chapter be declared invalid or unconstitutional for any reason, the remainder of this chapter shall not be affected thereby.

571—61.12(461A) Restore the outdoors program. Funding provided through the appropriation made by 1997 Iowa Acts, chapter 215, and subsequent Acts, shall be used to renovate, replace or construct new vertical infrastructure and associated appurtenances in state parks and other public facilities managed by the department of natural resources.

The intended projects will be included in the department’s annual five–year capital plan in priority order by year and approved by the natural resource commission for inclusion in its capital budget request.

The funds appropriated by 1997 Iowa Acts, chapter 215, section 37, and subsequent Acts, will be used to renovate, replace or construct new vertical infrastructure through construction contracts, agreements with local government entities responsible for managing state parks and other public facilities, and agreements with the department of corrections to use inmate labor where possible. Funds shall also be used to support site survey, design and construction contract management through consulting engineering and architectural firms and for direct survey, design and construction management costs incurred by department engineering and architectural staff for restore the outdoors projects. Funds shall not be used to support general department oversight of the restore the outdoors program, such as accounting, general administration or long–range planning.

These rules are intended to implement Iowa Code sections 422.43, 455A.4, 461A.3, 461A.3A, 461A.35, 461A.38, 461A.39, 461A.42, 461A.43, 461A.45 to 461A.5l, 461A.57, and 723.4 and Iowa Code chapter 724.

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

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

These amendments are intended to implement the Department’s electronic licensing system, provide for the collection of harvest information, and promote fairness in the distribution of nonresident licenses.

Any interested person may make written suggestions or comments on the proposed amendments prior to October 25, 2000. Such written materials should be directed to the Wildlife Bureau Chief, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319–0034; fax (515)281–6794. Persons who wish to convey their views orally should contact the Wildlife Bureau at (515)281–6156 or at the Wildlife Bureau offices on the fourth floor of the Wallace State Office Building.

Also, there will be a public hearing on October 25, 2000, at 10 a.m. in the Fifth Floor East Conference Room of the Wallace State Office Building, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

Any persons who intend to attend the public hearing and have special requirements such as hearing or mobility impairments should contact the Department of Natural Resources and advise of specific needs.

These amendments are intended to implement Iowa Code sections 481A.38, 481A.39, 481A.48 and 483A.7.

The following amendments are proposed.

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

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

a. Combination shotgun–or–archery licenses will be issued by zone and period and will be valid in the designated zone and for the designated period only. No one shall apply for or obtain more than two combination shotgun–or–archery licenses. If two licenses are obtained, one must be for hunting period four in Zone 4. Hunters who obtain one or two combination shotgun–or–archery licenses, whether free or paid, may not apply for or obtain an archery–only license.

b. Archery–only licenses will be valid statewide and shall be valid during all hunting periods open for spring turkey hunting. No one may apply for or obtain more than two archery–only licenses. Hunters purchasing one or two archery–only licenses, whether free or paid, may not apply for or obtain a combination shotgun–or–archery license.

ITEM 2. Rescind rule 571—98.3(481A) and adopt in lieu thereof the following new rule:

571—98.3(481A) Procedures to obtain licenses. All spring wild turkey hunting licenses will be sold or may be applied for using the electronic licensing system for Iowa (ELSI). Licenses and license applications may be purchased through ELSI license agents or by calling the ELSI telephone ordering system.

98.3(1) Licenses with quotas. All licenses for zone and season combinations that have license quotas, as specified in subrule 98.3(3), will be issued through a random drawing. Applications for these licenses may be purchased through ELSI beginning the first Saturday after January 1 through the last Sunday in January. No one may submit more than one application during the application period. If applications have been sold in excess of the license quota for any zone or hunting period, a drawing will be held to determine which applicants receive licenses. Licenses or refunds of license fees will be mailed to applicants after the drawing is completed. License agent writing fees, department administrative fees and telephone order charges will not be refunded. If any license quota has not been filled, the excess licenses will be sold on a first–come, first–served basis through ELSI beginning the second Saturday after the close of the application period and continuing until the quota has been filled or until the last day of the hunting period for which that license is valid, whichever occurs first. No one may obtain more than one limited–quota license.

98.3(2) Licenses that do not have quotas. Spring wild turkey hunting licenses that are not subject to a quota will be sold beginning the second Saturday after the close of the initial application period through the last day of the hunting period for which the license is valid.

98.3(3) License quotas. Separate quotas will be established for each license type.

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

(1) Zone 1. 65.

(2) Zone 2. 125.

(3) Zone 3. 80.

(4) Zone 4. No limit.

b. Archery–only licenses. The number of archery–only licenses shall not be limited.

98.3(4) Landowner–tenant licenses. An eligible land–owner or tenant may obtain a free combination shotgun–or–archery license or a free archery–only license. Free licenses must be obtained through the county recorder’s office in the hunter’s county of residence or through a license agent designated by the department to substitute for the county recorder. Nonresident landowners are not eligible for free turkey hunting licenses.

a. Free combination shotgun–or–archery licenses. Free combination shotgun–or–archery licenses will be issued by hunting period and will be valid only on the farm unit of the landowner or tenant. One paid combination shotgun–or–archery license may be obtained in addition to the free license, but at least one of these licenses (paid or free) must be for hunting period four in Zone 4.

b. Free archery–only licenses. Free archery–only licenses will be valid for all hunting periods but only on the farm unit of the landowner or tenant.

ITEM 3. Adopt new rule 571—98.5(481A) as follows:

571—98.5(481A) Harvest reporting system. A harvest report card will be attached to each transportation tag. Each hunter that bags a wild turkey must fill out and sign the harvest report card immediately after the transportation tag is attached to the turkey. The completed harvest report card must be taken to any ELSI license agent on the same day the turkey is tagged. The license agent will enter the harvest report information into the ELSI terminal and print out a harvest verification tag. The verification tag must be placed on the turkey and remain there until the turkey is processed for consumption. A wild turkey carcass or part of a carcass may not be taken to a locker plant for processing unless the proper verification tag is attached.

ITEM 4. Rescind rule 571—98.14(483A) and adopt in lieu thereof the following new rule:

571—98.14(483A) Application procedure. Applications for nonresident spring wild turkey hunting licenses must be made through the electronic licensing system for Iowa (ELSI) telephone order system. Applications will be accepted from the first Saturday after January 1 through the last Sunday in January. No one may submit more than one application during the application period. If applications have been sold in excess of the license quota for any zone or hunting period, a drawing will be held to determine which applicants receive licenses. Licenses or refunds of license fees will be mailed to applicants after the drawing is completed. License agent writing fees, department administrative fees and telephone order charges will not be refunded. If any license quota has not been filled, the excess licenses will be sold on a first–come, first–served basis through the telephone ordering system beginning the second Saturday after the close of the application period and lasting until the quota has been filled or the last day of the hunting period for which the license is valid, whichever occurs first. No one may obtain more than one nonresident spring wild turkey hunting license. Hunters may apply individually or as a group of up to 15 applicants. All members of a group will be accepted or rejected as a group in the drawing. If a group is rejected, members of that group may purchase licenses individually if excess licenses are available.

Each individual applicant that is unsuccessful in the drawing will be assigned one preference point for each consecutive year in which the individual applies and is unsuccessful. Preference points will not accrue in a year in which an applicant fails to apply, but the applicant will retain any preference points previously earned. Once an applicant receives a license, all preference points will be erased. Preference points will apply to any zone or hunting period for which a hunter applies.

The first license drawing each year will be made from the pool of applicants with the most preference points. If licenses are still available after the first drawing, subsequent drawings will be made from pools of applicants with successively fewer preference points and continue until the license quota is reached or all applicants have received licenses. Applicants who apply as a group will be included in a pool of applicants with the same number of preference points as that of the member of the group with the fewest preference points assigned.

ITEM 5. Adopt new rule 571—98.16(481A) as follows:

571—98.16(481A) Harvest reporting system. A harvest report card will be attached to each transportation tag. Each hunter that bags a wild turkey must fill out and sign the harvest report card immediately after the transportation tag is attached to the turkey. The completed harvest report card must be taken to any ELSI license agent on the same day the turkey is tagged. The license agent will enter the harvest report information into the ELSI terminal and print out a harvest verification tag. The verification tag must be placed on the turkey and remain there until the turkey is processed for consumption. A wild turkey carcass or part of a carcass may not be taken to a locker plant for processing unless the proper verification tag is attached.

Pursuant to the authority of Iowa Code sections 17A.3 and 147.76, the Board of Nursing hereby gives Notice of Intended Action to adopt Chapter 15, “Waiver and Variance Rules,” Iowa Administrative Code.

Proposed Chapter 15 establishes uniform rules providing for waivers or variances from administrative rules. This rule making implements Executive Order Number 11 signed by the Governor on September 14, 1999, and 2000 Iowa Acts, House File 2206. It provides for increased flexibility of administrative rule enforcement as applied to individual licensed nurses, continuing education providers or nursing education programs.

Any interested person may make written comments or suggestions on or before October 24, 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 Executive Director at (515)281–3256, or in the Board office at 400 S.W. 8th Street, by appointment.

This amendment is intended to implement Iowa Code chapters 17A, 147 and 152.

The following new chapter is proposed.

CHAPTER 15
WAIVER AND VARIANCE RULES

655—15.1(147,ExecOrd8,78GA,HF2206) Definition. For purposes of this chapter, a “waiver or variance” means action by a division board, which suspends in whole or in part the requirements or provisions of a rule as applied to an identified person on the basis of the particular circumstances of that person. For simplicity, the term “waiver” shall include both a waiver and a variance.

655—15.2(147,ExecOrd8,78GA,HF2206) Scope of chapter. This chapter outlines generally applicable standards and a uniform process for the granting of individual waivers from rules adopted by division boards in situations where no other more specifically applicable law provides for waivers. To the extent another more specific provision of law governs the issuance of a waiver from a particular rule, the more specific provision shall supersede this chapter with respect to any waiver from that rule.

655—15.3(147,ExecOrd8,78GA,HF2206) Applicability of chapter. A division board may only grant a waiver from a rule if the board has jurisdiction over the rule and the requested waiver is consistent with applicable statutes, constitutional provisions, or other provisions of law. A division board may not waive requirements created or duties imposed by statute.

655—15.4(147,ExecOrd8,78GA,HF2206) Criteria for waiver or variance. In response to a petition completed pursuant to rule 15.6(147,ExecOrd8,78GA,HF2206), a division board may in its sole discretion issue an order waiving in whole or in part the requirements of a rule if the board finds, based on clear and convincing evidence, all of the following:

1. The application of the rule would impose an undue hardship on the person for whom the waiver is requested;

2. The waiver from the requirements of the rule in the specific case would not prejudice the substantial legal rights of any person;

3. The provisions of the rule subject to the petition for waiver are not specifically mandated by statute or another provision of law; and

4. Substantially equal protection of public health, safety, and welfare will be afforded by a means other than that prescribed in the particular rule for which the waiver is requested.

655—15.5(147,ExecOrd8,78GA,HF2206) Filing of petition. A petition for a waiver must be submitted in writing to the board, as follows:

15.5(1) License application. If the petition relates to a license application, the petition shall be made in accordance with the filing requirements for the license in question.

15.5(2) Contested cases. If the petition relates to a pending contested case, the petition shall be filed in the contested case proceeding, using the caption of the contested case.

15.5(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 secretary.

655—15.6(147,ExecOrd8,78GA,HF2206) Content of petition. A petition for waiver 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 is requested, and the case number of any related contested case.

2. A description and citation of the specific rule from which a waiver is requested.

3. The specific waiver requested, including the precise scope and duration.

4. The relevant facts that the petitioner believes would justify a waiver under each of the four criteria describedin rule 15.4(147,ExecOrd8,78GA,HF2206). 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.

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, 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 requester 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.

8. The name, address, and telephone number of any person or entity who would be adversely affected by the grant of a waiver.

9. The name, address, and telephone number of any person with knowledge of the relevant facts relating to the proposed waiver.

10. Signed releases of information authorizing persons with knowledge regarding the request to furnish the board with information relevant to the waiver.

655—15.7(147,ExecOrd8,78GA,HF2206) Additional information. Prior to issuing an order granting or denying a waiver, 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 secretary, a committee of the board, or a quorum of the board.

655—15.8(147,ExecOrd8,78GA,HF2206) 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 board 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 board attesting that notice has been provided.

655—15.9(147,ExecOrd8,78GA,HF2206) 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 filed within a contested case, and shall otherwise apply to agency proceedings for a waiver only when the board so provides by rule or order or is required to do so by statute.

655—15.10(147,ExecOrd8,78GA,HF2206) Ruling. An order granting or denying a waiver 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 duration of the waiver if one is issued.

15.10(1) Board discretion. The final decision on whether the circumstances justify the granting of a waiver shall be made at the sole discretion of the board, upon consideration of all relevant factors. Each petition for a waiver shall be evaluated by the board based on the unique, individual circumstances set out in the petition.

15.10(2) Burden of persuasion. The burden of persuasion rests with the petitioner to demonstrate by clear and convincing evidence that the board should exercise its discretion to grant a waiver from a board rule.

15.10(3) Narrowly tailored exception. A waiver, if granted, shall provide the narrowest exception possible to the provisions of a rule.

15.10(4) Administrative deadlines. When the rule from which a waiver 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 similarly situated persons.

15.10(5) Conditions. The board may place any condition on a waiver that the board finds desirable to protect the public health, safety, and welfare.

15.10(6) Time period of waiver. A waiver shall not be permanent unless the petitioner can show that a temporary waiver would be impracticable. If a temporary waiver is granted, there is no automatic right to renewal. At the sole discretion of the board, a waiver may be renewed if the board finds that grounds for a waiver continue to exist.

15.10(7) Time for ruling. The board shall grant or deny a petition for a waiver 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.

15.10(8) 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. However, the board shall remain responsible for issuing an order denying a waiver.

15.10(9) 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.

655—15.11(147,ExecOrd8,78GA,HF2206) Public availability. All orders granting or denying a waiver petition shall be indexed, filed, and available for public inspection as provided in Iowa Code section 17A.3. Petitions for a waiver and orders granting or denying a waiver petition are public rec-ords under Iowa Code chapter 22. Some petitions or orders may contain information the board is authorized or required to keep confidential. The board may accordingly redact confidential information from petitions or orders prior to public inspection.

655—15.12(147,ExecOrd8,78GA,HF2206) Summary reports. Semiannually, each division board shall prepare a summary report identifying the rules for which a waiver has been granted or denied, the number of times a waiver was granted or denied for each rule, a citation to the statutory provisions implemented by these rules, and a general summary of the reasons justifying the board’s actions on waiver requests. If practicable, the report shall detail the extent to which the granting of a waiver has affected the general applicability of the rule itself. Copies of this report shall be available for public inspection and shall be provided semiannually to the administrative rules coordinator and the administrative rules review committee.

655—15.13(147,ExecOrd8,78GA,HF2206) Cancellation of a waiver. A waiver issued by a division board pursuant to this chapter may be withdrawn, canceled, or modified if, after appropriate notice and hearing, the board issues an order finding any of the following:

1. The petitioner or the person who was the subject of the waiver order withheld or misrepresented material facts relevant to the propriety or desirability of the waiver; or

2. The alternative means for ensuring that the public health, safety and welfare will be adequately protected after issuance of the waiver order have been demonstrated to be insufficient; or

3. The subject of the waiver order has failed to comply with all conditions contained in the order.

655—15.14(147,ExecOrd8,78GA,HF2206) Violations. Violation of a condition in a waiver order shall be treated as a violation of the particular rule for which the waiver was granted. As a result, the recipient of a waiver under this chapter who violates a condition of the waiver may be subject to the same remedies or penalties as a person who violates the rule at issue.

655—15.15(147,ExecOrd8,78GA,HF2206) Defense. After the board issues an order granting a waiver, 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.

655—15.16(147,ExecOrd8,78GA,HF2206) Judicial review. Judicial review of the board’s decision to grant or deny a waiver petition may be taken in accordance with Iowa Code chapter 17A.

These rules are intended to implement Iowa Code chapter 147, Executive Order Number 8, and 2000 Iowa Acts, House File 2206.

Pursuant to the authority of Iowa Code section 97A.5, the Board of Trustees of the Iowa Department of Public Safety Peace Officers’ Retirement, Accident and Disability System hereby gives Notice of Intended Action to amend Chapter 24, “Peace Officers’ Retirement, Accident and Disability System,” Iowa Administrative Code.

Several amendments to Iowa Code chapter 97A, which establishes the Public Safety Peace Officers’ Retirement, Accident and Disability System, were contained in legislation enacted during the 2000 session of the Iowa General Assembly in 2000 Iowa Acts, Senate File 2411. Amendments to the rules regarding the membership and method of election of trustees stem directly from statutory changes. Additional amendments to the rules reflect current operating procedures of the system, including the rescission of some obsolete language.

A public hearing on these proposed amendments will be held on October 27, 2000, at 9:30 a.m. in the Third Floor Conference Room of the Wallace State Office Building, East 9th and Grand, Des Moines, Iowa 50319. Persons may pre–sent their views orally or in writing at the public hearing. Persons who wish to make oral presentations at the public hearing should contact the Agency Rules Administrator, Iowa Department of Public Safety, Wallace State Office Building, Des Moines, Iowa 50319, by mail, by telephone at (515)281–5524, or by electronic mail to admrule@ dps.state.ia.us, at least one day prior to the public hearing.

Any written comments or information regarding these proposed amendments may be directed to the Agency Rules Administrator by mail or electronic mail at the addresses indicated at least one day prior to the public hearing, or submitted at the public hearing. Persons who wish to convey their views orally other than at the public hearing may contact the Agency Rules Administrator by telephone or in person at the Department office at least one day prior to the public hearing. Please note that the point of contact for comments or inquiries regarding these amendments is the Department of Public Safety, not the Department of Personnel.

These amendments are intended to implement Iowa Code chapter 97A as amended by 2000 Iowa Acts, Senate File 2411.

The following amendments are proposed.

ITEM 1. Amend 581—Chapter 24 by changing the parenthetical implementation statute from “19A” to “97A” wherever it appears.

ITEM 2. Amend rule 581—24.1(97A) as follows:

581—24.1(97A) Meetings of board of trustees. The board of trustees shall meet regularly on a monthly basis at least quarterly, or upon the call of the chair. A quorum of the board shall consist of three members, and three concurring votes shall be necessary for a decision by the board. For purposes of a quorum or for voting, a member may participate in person or by audio conference or videoconference.

ITEM 3. Renumber rule 581—24.2(97A) as 581— 24.3(97A) and adopt the following new rule:

24.2(1) The commissioner of public safety shall serve a term that is concurrent with the appointment as commissioner of public safety.

24.2(2) The treasurer of state shall serve a term that is concurrent with the term of treasurer of state.

24.2(3) The actively engaged member of the systemshall serve a two–year term commencing on July 1 of odd– numbered years and terminating on June 30 of odd–numbered years.

24.2(4) The retired member of the system shall serve a two–year term commencing on July 1 of even–numbered years and terminating on June 30 of even–numbered years.

24.2(5) The member appointed by the governor shall serve a two–year term commencing on May 1 of the year of appointment and terminating on April 30 in the year of expiration.

ITEM 4. Amend renumbered rule 581—24.3(97A) as follows:

581—24.3(97A) Election of system member members. The actively engaged member of the system shall be elected in odd–numbered years and the retired member of the system shall be elected in even–numbered years. The method of choosing that member the elected members of the system who serves serve a two–year term terms on the board of trustees is as follows:

(1) a. At least 90 days prior to the time start of the term of office for the election of the system actively engaged member to the board of trustees, the secretary shall provide a write–in nomination ballot to each actively engaged member of the system. Within 30 days of receipt of the write–in nomination ballot, each actively engaged member of the system shall indicate by write–in nomination ballot that the member of the system they wish that the member wishes to have serve on the board.

(2) c. From among all the write–in nomination ballots received by the secretary, the names of those three actively engaged members willing to serve if elected receiving who receive the highest number of write–in votes nominations shall be placed on a new ballot.

(3) d. This new election ballot shall be distributed to the actively engaged members of the system, and that the actively engaged members shall return the election ballot to the secretary within 30 days. The actively engaged member whose name appears on the new election ballot receiving and who receives the highest number of votes shall serve as the actively engaged member of the system on the board of trustees.

ITEM 5. Renumber rule 581—24.4(97A) as 581— 24.5(97A) and 581—24.5(97A) as 581—24.7(97A).

ITEM 6. Rescind 581—24.6(97A) and adopt the following new rule in lieu thereof:

581—24.6(97A) Average final compensation—less than three years’ service. If a member retires before attaining three years of service, the average final compensation shall be the total of the earnable compensation from the date the member is sworn into service divided by the number of months of service.

ITEM 7. Renumber rules 581—24.7(97A) to 581— 24.11(97A) as 581—24.8(97A) to 581—24.12(97A).

ITEM 8. Amend renumbered rule 581—24.10(97A) as follows:

581—24.10(97A) Errors in payments. Errors in payments to beneficiaries as a result of fraud when discovered shall be adjusted in accordance with Iowa Code section 97A.13. This shall be construed to mean that the total under underpayments or over payments overpayments shall be commuted to monthly income. If an error involves a child, the monthly benefit shall be adjusted over the balance of the child’s eligibility, except that if the child is no longer receiving benefits, a lump sum settlement shall be made. Errors referred to in this rule shall be adjusted only after presentation to and approval by the board.

ITEM 9. Amend renumbered rule 581—24.11(97A) by rescinding the second unnumbered paragraph.

ITEM 10. Rescind rule 581—24.13(97A) and renumber 581—24.12(97A) as 581—24.13(97A).

ITEM 11. Amend renumbered rule 581—24.13(97A) as follows:

581—24.13(97A) Initial benefit for a child. Initial benefit for a child specified in Iowa Code section 97A.6(8), 97A.6(9), or 97A.6(12) shall be 6 percent of the monthly earnable compensation payable to an active member having the rank of senior peace officer trooper of the Iowa highway safety state patrol. A senior peace officer trooper, for the purposes of Iowa Code chapter 97A, is a peace officer having at least ten years of active service with the department of public safety Iowa state patrol.

ITEM 12. Amend rule 581—24.18(97A) as follows:

581—24.18(97A) One year of service. For the purpose of computing service, service for fewer than six months of a year is not creditable as service. Service of 11 six months or more of service in any year shall be equivalent to one year of service; however, in no case shall a member receive more than one year of service credit for each 12–month period of service.

ITEM 13. Rescind and reserve rule 581—24.19(19A).

ITEM 14. Amend rule 581—24.20(97A) as follows:

581—24.20(97A) Abstracts of benefits—report. The secretary shall present to the board at each regular meeting least annually or upon request of the board of trustees the last two abstracts of benefits with a detailed reconciliation between the two totals.

ITEM 15. Rescind and reserve rule 581—24.21(19A).

ITEM 16. Rescind rule 581—24.27(97A) and adopt the following new rule in lieu thereof:

581—24.27(97A) Optional retirement benefits. Members of the system retiring under a service retirement may elect to receive one of the following optional retirement benefits and have the optional retirement benefit, or a designated fraction of the benefit, paid to the member’s beneficiary:

1. Straight life annuity.

2. Straight life annuity with five years certain.

3. Straight life annuity with ten years certain.

4. Joint and 50 percent survivor annuity.

5. Joint and 75 percent survivor annuity.

6. Joint and 100 percent survivor annuity.

7. Single life annuity with a designated lump sum.

For the purposes of this rule a “beneficiary” means a spouse, child, or dependent parent.

ITEM 17. Adopt new rules 581—24.28(97A) to 581— 24.31(97A) as follows:

24.28(1) The member may change or cancel the member’s selected optional benefit until the first monthly benefit payment is made using the selected option. After the first monthly payment to the member or beneficiary, the option shall become permanent and not subject to cancellation or change.

24.28(2) If the member dies without designating a beneficiary prior to receipt in benefits of an amount equal to the total amount in the member’s credit at the time of separation from service, the election is void.

24.28(3) If the member dies with a beneficiary designated and the beneficiary subsequently dies prior to receipt in benefits of an amount equal to the total amount in the member’s credit at the time of separation from service, the election remains valid.

581—24.29(97A) Method of calculating annual adjustments when optional retirement benefits are selected. Whenever an optional benefit as provided for in rule 24.27(97A) has been selected by a member, the annual adjustment provided for in Iowa Code section 97A.6(14)“a” as amended by 2000 Iowa Acts, Senate File 2411, section 5, shall continue to be provided.

581—24.30(97A) Termination of benefits when optional retirement benefits are selected. Whenever an optional benefit as provided for in rule 24.27(97A) has been selected by a member, benefit payments shall terminate as follows, except as provided in rule 24.28(97A):

1. Straight life annuity. Upon the death of the retired member, all future retirement payments shall cease.

2. Straight life annuity with five years certain. Upon the death of the retired member, or five years from the member’s original retirement date, whichever is later, all future retirement payments shall cease.

3. Straight life annuity with ten years certain. Upon the death of the retired member, or ten years from the member’s original retirement date, whichever is later, all future retirement payments shall cease.

4. Joint and 50 percent survivor annuity. Upon the death of the retired member, the surviving beneficiary shall have the beneficiary’s annual annuity established at 50 percent of member’s amount. Upon the death of both the member and the beneficiary, all future retirement benefits shall cease.

5. Joint and 75 percent survivor annuity. Upon the death of the retired member, the surviving beneficiary shall have the beneficiary’s annual annuity established at 75 percent of the member’s amount. Upon the death of both the member and the beneficiary, all future retirement benefits shall cease.

6. Joint and 100 percent survivor annuity. Upon the death of the retired member, the surviving beneficiary shall have the annual annuity continue at the member’s amount. Upon the death of both the member and the beneficiary, all future retirement benefits shall cease.

7. Single life annuity with a designated lump sum. Upon the death of the retired member, the beneficiary shall receive the single lump sum payment, and all future retirement payments shall cease.

581—24.31(97A) Impact of optional benefit selections on child benefits. The selection of an optional retirement benefit by a member shall not change the benefit that a child of a deceased member would otherwise be eligible to receive.

ITEM 18. Amend 581—Chapter 24, implementation clause, as follows:

These rules are intended to implement Iowa Code chapter 97A as amended by 2000 Iowa Acts, Senate File 2411.

Pursuant to the authority of Iowa Code section 147.76, the Board of Respiratory Care Examiners hereby gives Notice of Intended Action to amend Chapter 260, “Respiratory Care Practitioners,” and to adopt Chapter 261, “Continuing Education for Respiratory Care Practitioners,” Iowa Administrative Code.

The proposed amendments rescind the current continuing education rules; renumber the rules regarding grounds for discipline, fees, students/graduates, and code of ethics; and adopt a new chapter for continuing education.

Any interested person may make written comments on the proposed amendments no later than October 24, 2000, addressed to Rosalie Steele, Professional Licensure Division, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075.

The Division revised these rules according to Executive Order Number 8. The Division sent letters to the public for comment and four letters were received in return. Division staff also had input on these rules. The comments received were discussed by the Board and decisions were based on need, clarity, intent and statutory authority, cost and fairness.

A public hearing will be held on October 24, 2000, from 9 to 11 a.m. in the Fifth Floor Board Conference Room, Lucas State Office Building, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments.

These amendments are intended to implement Iowa Code section 147.76 and chapters 152B and 272C.

The following amendments are proposed.

ITEM 1. Amend rule 645—260.1(152B) by rescinding the definition of “hour.”

ITEM 2. Rescind rules 645—260.9(152B) and 645— 260.10(152B) and renumber rules 645—260.11(152B) and 645—260.12(152B) as 645—260.9(152B) and 645— 260.10(152B).

ITEM 3. Rescind and reserve rules 645—260.13(152B) through 645—260.17(152B).

ITEM 4. Renumber rules 645—260.28(152A,272C) and 645—260.29(152B,272C) as 645—260.11(152A,272C) and 645—260.12(152A,272C).

ITEM 5. Adopt new 645—Chapter 261 as follows:

CHAPTER 261
CONTINUING EDUCATION FOR
RESPIRATORY CARE PRACTITIONERS

645—261.1(152B,272C) Definitions. For the purpose of these rules, the following definitions shall apply:

“Active license” means the license of a person who is acting, practicing, functioning, and working in compliance with license requirements.

“Administrator” means the administrator of the board of respiratory care examiners.

“Approved program/activity” means a continuing education program/activity meeting the standards set forth in these rules, which has received advance approval by the board pursuant to these rules.

“Approved sponsor” means a person or an organization sponsoring continuing education activities, that has been approved by the board as a sponsor pursuant to these rules. During the time an organization, educational institution, or person is an approved sponsor, all continuing education activities of such organization, educational institution, or person shall be deemed automatically approved.

“Audit” means the selection of licensees for verification of satisfactory completion of continuing education requirements during a specified time period or the selection of providers for verification of adherence to continuing provider requirements during a specified time period.

“Board” means the board of respiratory care examiners.

“Continuing education” means planned, organized learning acts designed to maintain, improve, or expand a licensee’s knowledge and skills in order for the licensee to develop new knowledge and skills relevant to the enhancement of practice, education, or theory development to improve the safety and welfare of the public.

“Electronically transmitted” means a program/activity that is videotaped, presented on the Iowa Communications Network (ICN), computer–based or other electronically based means that includes a posttest.

“Hour of continuing education” means a clock hour spent by a licensee in actual attendance at and completion of approved continuing education activity.

“Inactive license” means the license of a person who is not in practice in the state of Iowa.

“Independent study” means a subject/program/activity that a person pursues autonomously that meets standards for approval criteria in the rules and does not have a posttest.

“Lapsed license” means a license that a person has failed to renew as required, or the license of a person who failed to meet stated obligations within a stated time.

“License” means license to practice.

“Licensee” means any person licensed to practice as a respiratory therapist in the state of Iowa.

261.2(1) The biennial continuing education compliance period shall extend for a two–year period beginning on April 1 of each even–numbered year and ending on March 31 of the next even–numbered year. Each biennium, each person who is licensed to practice as a licensee in this state shall be required to complete a minimum of 30 hours of continuing education approved by the board.

261.2(2) Requirements of new licensees. Those persons licensed for the first time shall not be required to complete continuing education as a prerequisite for the first renewal of their licenses. Continuing education hours acquired anytime from the initial licensing until the second license renewal may be used. The new licensee will be required to complete a minimum of 30 hours of continuing education per biennium for each subsequent license renewal.

261.2(3) Hours of continuing education credit may be obtained by attending and participating in a continuing education activity. These hours must be approved by the board or otherwise meet the requirements herein pursuant to statutory provisions and the rules that implement them.

261.2(4) No hours of continuing education shall be carried over into the next biennium except as stated for the second renewal.

261.2(5) It is the responsibility of each licensee to finance the cost of continuing education.

261.3(1) General criteria. A continuing education activity which meets all of the following criteria is appropriate for continuing education credit if it is determined by the board that the continuing education activity:

a. Constitutes an organized program of learning which contributes directly to the professional competency of the licensee;

b. Pertains to subject matters which integrally relate to the practice of the profession;

c. Is conducted by individuals who have specialized education, training and experience by reason of which said individuals should be considered qualified concerning the subject matter of the program. The application must be accompanied by a paper, manual or outline which substantively pertains to the subject matter of the program and reflects program schedule, goals and objectives. The board may request the qualifications of presenters;

d. Fulfills stated program goals, objectives, or both; and

e. Provides proof of attendance to licensees in attendance including:

(1) Date(s), location, course title, presenter(s);

(2) Number of program contact hours (One contact hour equals one hour of continuing education credit.); and

(3) Official signature or verification by program sponsor.

261.3(2) Specific criteria. Continuing education hours of credit may be obtained by:

a. Programs/activities that shall be of a clinical nature related to the practice of respiratory care. Clinical nature subject matter is described as basic clinical processes that include information beyond the basic licensure requirements applicable to the normal development and use of the clinical respiratory care practitioner. Any communication course must involve the actual application to the practice of the respiratory care practitioner.

b. Program presenters who will receive one hour of credit for each hour of presentation for the first offering of the continuing education program/activity.

c. Academic coursework that meets the criteria set forth in the rules and is accompanied by an official transcript indicating successful completion of the course. Continuing education credit equivalents are as follows:

1 academic semester hour = 15 continuing education hours

1 academic quarter hour = 10 continuing education hours

d. American Association of Respiratory Care (AARC) continuing education programs/activities that are clinically oriented.

e. Attendance at or participation in a program or course which is offered or sponsored by an approved continuing education sponsor.

f. Maximums per biennium are as follows:

(1) No more than ten hours of approved independent study for continuing education requirements in a given continuing education compliance period.

(2) The following are approved for continuing education credit on a one–time basis per biennium and require a certificate of attendance or verification:

CERTIFICATIONS:

Advanced Cardiac Life Support up to 12 hours

Basic Cardiac Life Support—Instructor up to 8 hours

Basic Cardiac Life Support up to 6 hours

Neonatal Advanced Life Support up to 9 hours

Pediatric Advanced Life Support up to 14 hours

Mandatory Reporting up to 3 hours

RECERTIFICATIONS:

Advanced Cardiac Life Support up to 4 hours

Basic Cardiac Life Support up to 2 hours

Neonatal Advanced Life Support up to 3 hours

Pediatric Advanced Life Support up to 3 hours

g. Unacceptable subject matter includes marketing, personal development, time management, human relations, collective bargaining and tours.

261.4(1) Approval of sponsors. An applicant who desires approval as a sponsor of courses, programs, or other continuing education activities shall, unless exempted elsewhere in these rules, apply for approval to the board on the form designated by the board stating the applicant’s educational history for the preceding two years or proposed plan for the next two years.

a. The form shall include the following:

(1) Date(s), location, course title(s) offered and outline of content;

(2) Total hours of instruction to be presented;

(3) Names and qualifications of instructors including résumés or vitae; and

(4) Evaluation form(s).

b. Records shall be retained by the sponsor for four years.

c. Attendance record report. The person or organization sponsoring an approved continuing education activity shall provide a certificate of attendance or verification to the licensee providing the following information:

(1) Program date(s);

(2) Course title and presenter;

(3) Location;

(4) Number of clock hours attended and continuing education hours earned;

(5) Name of sponsor and sponsor number (if applicable);

(6) Licensee’s name; and

(7) Method of presentation.

d. All approved sponsors shall maintain a copy of the following:

(1) The continuing education activity;

(2) List of enrolled licensees’ names and license numbers; and

(3) Number of continuing education clock hours awarded for a minimum of four years from the date of the continuing education activity.

e. The sponsor shall submit a report of all continuing education programs conducted in the previous year during the assigned month for reporting designated by the board. The report shall include:

(1) Date(s), location, course title(s) offered and outline of content;

(2) Total hours of instruction presented;

(3) Names and qualifications of instructors including résumés or vitae;

(4) Evaluation form(s); and

(5) A summary of the evaluations completed by the licensees.

261.4(2) Prior approval of programs/activities. An organization or person other than an approved sponsor that desires prior approval of a course, program or other education activity or that desires to establish approval of such activity prior to attendance shall apply for approval to the board on a form provided by the board at least 60 days in advance of the commencement of the activity. The board shall approve or deny such application in writing within 30 days of receipt of such application. The application shall state:

a. The date(s);

b. Course(s) offered;

c. Course outline;

d. Total hours of instruction; and

e. Names and qualifications of speakers and other pertinent information.

The organization or person shall be notified of approval or denial by ordinary mail.

261.4(3) Review of programs. Continuing educationprograms/activities shall be reported every year at the designated time as assigned by the board. The board may at any time reevaluate an approved sponsor. If, after reevaluation, the board finds there is cause for revocation of the approval of an approved sponsor, the board shall give notice of the revocation to that sponsor by certified mail. The sponsor shall have the right to hearing regarding the revocation. The request for hearing must be sent within 20 days after the receipt of the notice of revocation. The hearing shall be held within 90 days after the receipt of the request for hearing. The board shall give notice by certified mail to the sponsor of the date set for the hearing at least 30 days prior to the hearing. The board shall conduct the hearing in compliance with rule 645—11.9(17A).

261.4(4) Postapproval of activities. A licensee seeking credit for attendance and participation in an educational activity which was not conducted by an approved sponsor or otherwise approved shall submit to the board, within 60 days after completion of such activity, the following:

a. The date(s);

b. Course(s) offered;

c. Course outline;

d. Total hours of instruction and credit hours requested;

e. Names and qualifications of speakers and other pertinent information;

f. Request for credit which includes a brief summary of the activity; and

g. Certificate of attendance or verification.

Within 90 days after receipt of such application, the board shall advise the licensee in writing by ordinary mail whether the activity is approved and the number of hours allowed. A licensee not complying with the requirements of this subrule may be denied credit for such activity.

261.4(5) Voluntary relinquishment. The approved sponsor may voluntarily relinquish sponsorship by notifying the board office in writing.

645—261.5(152B,272C) Reporting continuing education by licensee. At the time of license renewal, each licensee shall be required to submit a report on continuing education to the board on a board–approved form.

261.5(1) The information on the form shall include:

a. Title of continuing education activity;

b. Date(s);

c. Sponsor of the activity;

d. Board–approved sponsor number;

e. Number of continuing education hours earned; and

f. Teaching method used.

261.5(2) Audit of continuing education report. After each educational biennium, the board will audit a percentage of the continuing education reports before granting the renewal of licenses to those being audited.

a. The board will select licensees to be audited.

b. The licensee shall make available to the board for auditing purposes a certificate of attendance or verification for all reported activities that includes the following information:

(1) Date(s), location, course title, schedule (brochure, pamphlet, program, presenter(s)), and method of presentation; and

(2) Number of contact hours for program attended.

c. For auditing purposes, the licensee must retain the above information for four years.

d. Submission of a false report of continuing education or failure to meet continuing education requirements may cause the license to lapse and may result in formal disciplinary action.

e. All renewal license applications that are submitted late (after the end of the compliance period) may be subject to audit of the continuing education report.

f. Failure to receive the renewal application shall not relieve the licensee of responsibility of meeting continuing education requirements and submitting the renewal fee by the end of the compliance period.

645—261.6(152B,272C) Reinstatement of lapsed license. Failure of the licensee to renew within 30 days after expiration date shall cause the license to lapse. A person who allows the license to lapse cannot engage in practice in Iowa without first complying with all regulations governing reinstatement as outlined in the board rules. A person who allows the license to lapse must apply to the board for reinstatement of the license. Reinstatement of the lapsed license may be granted by the board if the applicant:

1. Submits a written application for reinstatement to the board;

2. Pays all of the renewal fees then due;

3. Pays all penalty fees, to a maximum of two bienniums, which have been assessed by the board for failure to renew;

4. Pays reinstatement fee; and

5. Provides evidence of satisfactory completion of continuing education requirements during the period since the license lapsed. The total number of continuing education hours required for license reinstatement is computed by multiplying 30 by the number of bienniums since the license lapsed to a maximum of two bienniums or 60 hours of continuing education credit.

645—261.7(152B,272C) Continuing education waiver for active practitioners. A respiratory therapist licensed to practice as a respiratory therapist shall be deemed to have complied with the continuing education requirements of this state during the period that the licensee serves honorably on active duty in the military services or as a government employee outside the United States as a practicing respiratory therapist.

645—261.8(152B,272C) Continuing education exemption for inactive practitioners. A licensee who is not engaged in practice in the state of Iowa may be granted an exemption of continuing education compliance and obtain a certificate of exemption upon written application to the board. The application shall contain a statement that the applicant will not engage in practice in Iowa without first complying with all regulations governing reinstatement after exemption. The application for a certificate of exemption shall be submitted upon forms provided by the board. The licensee shall have completed the required continuing education at the time of reinstatement.

645—261.9(152B,272C) Continuing education waiver for disability or illness. The board may, in individual cases involving disability or illness, grant waivers of the minimum educational requirements or extension of time within which to fulfill the same or make the required reports. No waiver or extension of time shall be granted unless written application therefor is made on forms provided by the board and signed by the licensee and appropriate licensed health care practitioners. The board may grant waiver of the minimum educational requirements for any period of time not to exceed one calendar year from the onset of disability or illness. In the event that the disability or illness upon which a waiver has been granted continues beyond the period of waiver, the licensee must reapply for an extension of the waiver. The board may, as a condition of any waiver granted, require the applicant to make up a certain portion or all of the minimum educational requirements waived by such methods as may be prescribed by the board.

645—261.10(152B,272C) Reinstatement of inactive practitioners. Inactive practitioners who have been granted a waiver of compliance with these rules and obtained a certificate of waiver shall, prior to engaging in the practice of respiratory therapy in the state of Iowa, satisfy the following requirements for reinstatement.

261.10(1) Reinstatement of the inactive license may be granted by the board if the applicant:

a. Submits a written application for reinstatement to the board;

b. Pays all of the renewal fees then due; and

c. Pays the reinstatement fee.

261.10(2) The applicant shall furnish in the application evidence of one of the following:

a. Full–time practice in another state of the United States or the District of Columbia and completion of continuing education for each biennium of inactive status substantially equivalent in the opinion of the board to that required under these rules; or

b. Successful completion of 30 hours of approved continuing education hours; or

c. Successful completion of the approved entry level examination conducted within one year prior to filing of the application for reinstatement; or

d. Successful completion of a minimum 75–hour refresher course from a school accredited by the Committee on Accreditation of Respiratory Care (CoARC) within one year prior to filing of the application for reinstatement.

645—261.11(152B,272C) Hearings. In the event of denial, in whole or part, of any application for approval of a continuing education program or credit for continuing education activity, the applicant, licensee or program provider shall have the right within 20 days after the sending of the notification of denial by ordinary mail to request a hearing which shall be held within 90 days after receipt of the request for hearing. The hearing shall be conducted by the board or an administrative law judge designated by the board, in substantial compliance with the hearing procedure set forth in rule 645— 11.9(17A).

These rules are intended to implement Iowa Code section 272C.2 and chapter 152B.

Pursuant to the authority of Iowa Code section 135.43, the Department of Public Health hereby gives Notice of Intended Action to amend Chapter 90, “Iowa Child Death Review Team,” Iowa Administrative Code.

The proposed amendment expands the review of child death cases from cases for children under age seven to those for children under age eighteen.

This amendment does not include a waiver provision as the statute does not provide for one.

Interested persons may make written comments or suggestions on the proposed amendment on or before October 24, 2000. Written materials should be addressed toStephanie Pettit, Child Death Review Team Coordinator,Department of Public Health, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319–0075; or faxed to (515)242–6384. E–mail may be sent to spettit@ idph.state.ia.us.

This amendment is intended to implement Iowa Code section 135.43(3)“a” as amended by 2000 Iowa Acts, House File 2365.

The following amendment is proposed.

Amend rule 641—90.1(135) as follows:

641—90.1(135) Purpose. The purpose of the child death review team is to aid in the reduction of the incidence of serious injury and death to children by accurately identifying the cause and manner of death of children through the age of six 17 years.

Pursuant to the authority of Iowa Code section 147A.4, the Department of Public Health hereby gives Notice of Intended Action to amend Chapter 131, “Emergency Medical Services Provider Education/Training/Certification,” Chapter 132, “Emergency Medical Services—Service Program Authorization,” and Chapter 139, “Iowa Law Enforcement Emergency Care Provider,” Iowa Administrative Code.

The proposed amendments will streamline the procedure for the training of nontraditional providers of emergency medical care in the use of the automated external defibrillator (AED). The proposed amendments will also simplify the procedure for allowing the placement of AEDs in public places.

The Department has not provided specific provisions for a waiver or variance from rules in Chapters 131, 132 and 139. A party seeking a waiver or variance from the rules should do so pursuant to the Department’s variance and waiver provisions contained in 641—Chapter 178.

The proposed amendments were presented to Iowa’s 22 EMS training programs at their quarterly meeting on July 11, 2000. No comments were noted. The Department’s EMS Advisory Council unanimously adopted the proposed changes at its July 12, 2000, meeting.

The Department of Public Health will hold a public hearing over the Iowa Communications Network (ICN) on Tuesday, October 24, 2000, from 1 to 2 p.m. Sites participating in the ICN broadcast include the following:

National Guard Armory, 11 East 23rd Street, Spencer

Carroll–Kemper High School, 109 South Clark, Carroll

National Guard Armory, 315 12th Avenue NW, Hampton

Department of Public Health, ICN Room, Sixth Floor, Lucas State Office Building, 321 East 12th Street, Des Moines

National Guard Armory, 195 Radford Road, Dubuque

National Guard Armory, 501 Highway 1 South, Washington

At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments. Any person who plans to attend the public hearing and who may have special requirements, such as hearing or mobility impairments, should contact the Department of Public Health and advise of specific needs.

Any oral or written comments must be received on or before October 24, 2000. Comments should be addressed to Gary Ireland, EMS Bureau Chief, Department of Public Health, 401 SW Seventh Street, Suite D, Des Moines, Iowa 50309.

These amendments were also Adopted and Filed Emergency and are published herein as ARC 0162B. The content of that submission is incorporated by reference.

These amendments are intended to implement Iowa Code chapter 147A.

Pursuant to the authority of Iowa Code section 100.35, the Department of Public Safety hereby terminates the rule making initiated by its Notice of Intended Action published in the Iowa Administrative Bulletin on October 20, 1999, as ARC 9429A and gives Notice of Intended Action to amend Chapter 5, “State Fire Marshal,” Iowa Administrative Code.

The proposed amendment provides that small group homes which serve persons with mental retardation, chronic mental illness, developmental disabilities, or brain injuries licensed by the Department of Inspections and Appeals under a special classification established pursuant to Iowa Code section 135C.2 will be required to have operating sprinkler systems which meet national standards, if these facilities have door locking arrangements which will prevent the residents from free egress.

A public hearing on this proposed amendment will be held on October 27, 2000, at 10 a.m. in the Third Floor Conference Room of the Wallace State Office Building, East 9th and Grand, Des Moines, Iowa 50319. Persons may present their views orally or in writing at the public hearing. Persons who wish to make oral presentations at the public hearing should contact the Agency Rules Administrator, Department of Public Safety, Wallace State Office Building, Des Moines, Iowa 50319, by mail, by telephone at (515)281–5524, or by electronic mail to admrule@dps.state.ia.us at least one day prior to the public hearing. Any written comments or information regarding this proposed amendment may be directed to the Agency Rules Administrator by mail or electronic mail at the addresses indicated, or may be submitted at the public hearing. Persons who wish to convey their views orally other than at the public hearing may contact the Agency Rules Administrator by telephone or in person at the Bureau office at least one day prior to the public hearing.

This amendment is intended to implement Iowa Code section 135C.2.

The following amendment is proposed.

Amend subrule 5.620(7) by rescinding paragraph “b” and adopting in lieu thereof the following new paragraph:

b. Homes in which exiting is restricted by special door locking arrangements that prevent residents from free egress shall be equipped with sprinkler systems meeting the requirements of National Fire Protection Association Standard Number 13D, 1996 edition.

EXCEPTION: Homes in this classification that were licensed prior to November 1, 1999, shall comply with this requirement within a reasonable period of time and, in any event, not later than November 1, 2001.

Pursuant to the authority of Iowa Code section 103A.7, the Building Code Commissioner hereby gives Notice of Intended Action to amend Chapter 16, “State of Iowa Building Code,” Iowa Administrative Code, with the approval of the Building Code Advisory Council.

2000 Iowa Acts, House File 2552, section 21, provides for the Building Commissioner to establish fees for the performance of plan reviews by the Department. This amendment provides for the fees. The fee schedule proposed here is recommended by the International Conference of Building Officials and published in the Uniform Building Code. Also provided here is a money–back guarantee if the Building Code Bureau fails to complete a plan review within 60 days.

A public hearing regarding this amendment will be held on October 27, 2000, at 10:30 a.m. in the Third Floor Conference Room in the Wallace State Office Building, East 9th and Grand, Des Moines, Iowa. Persons may present their views concerning this amendment at the public hearing orally or in writing. Persons who wish to make oral presentations at the hearing should contact the Building Code Bureau, Fire Marshal Division, Iowa Department of Public Safety, 621 East 2nd Street, Des Moines, Iowa 50309; or by telephone at (515)281–5132 at least one day prior to the hearing. Any interested persons may make oral or written comments concerning this proposed amendment to the Building Code Bureau by mail, telephone, or in person at the above address at least one day prior to the public hearing. Comments may also be submitted by electronic mail via the Internet to admrule@dps.state.ia.us at least one day prior to the public hearing.

This amendment is intended to implement Iowa Code section 103A.23 as amended by 2000 Iowa Acts, House File 2552.

The following amendment is proposed.

Amend subrule 16.131(2) as follows:

Rescind paragraph “c” and adopt in lieu thereof the following new paragraph “c”:

c. The fees for completion of building code plan reviews shall be calculated as follows:

Adopt the following new paragraph “d”:

d. A person who has submitted a plan for review for which a fee has been assessed pursuant to paragraph “c” shall receive a refund of the fee if the plan review has not been completed within 60 calendar days of its receipt by the building code bureau. Requests for refunds of fees should be directed to the state fire marshal.

Pursuant to the authority of Iowa Code section 422.68, the Department of Revenue and Finance hereby gives Notice of Intended Action to amend Chapter 17, “Exempt Sales,” Iowa Administrative Code.

This amendment concerns a new exemption from sales and use tax enacted by 2000 Iowa Acts, House File 2562, in which the legislature created an exemption applicable to “information services.” The legislation became effective May 15, 2000, retroactive to March 15, 1995. The proposed amendment explains the exemption and illustrates it with a number of specific examples.

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

Any person who believes that the application of any discretionary provisions contained in this amendment would result in hardship or injustice to that person may file a petition with the Department for a waiver of those discretionary provisions.

The Department has determined that this proposed amendment may have an impact on small business. The Department has considered the factors listed in Iowa Code section 17A.4A. The Department will issue a regulatory analysis as provided in Iowa Code section 17A.4A if a written request is filed by delivery or by mailing postmarked no later than November 6, 2000, to the Policy Section, Compliance Division, Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306. The request may be made by the Administrative Rules Review Committee, the Administrative Rules Coordinator, at least 25 persons signing that request who each qualify as a small business or an organization representing at least 25 such persons.

Any interested person may make written suggestions or comments on this proposed amendment on or before November 3, 2000. Such written comments should be directed to the Policy Section, Compliance Division, Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306.

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

Requests for a public hearing must be received by October 27, 2000.

This amendment is intended to implement Iowa Code Supplement section 422.45 as amended by 2000 Iowa Acts, House File 2562, section 3.

The following amendment is proposed.

Amend 701—Chapter 17 by adopting the following new rule:

701—17.35(422,423) Sale or rental of information services. Effective May 15, 2000, and retroactive to March 15, 1995, the gross receipts from the service of the sale or rental of information services are exempt from tax. This exemption does not repeal by implication the tax on the performance of the services of investment counseling, of all financial institutions, private employment agencies, test laboratories, detective services, or any other services enumerated by statute. They remain taxable; see 701—Chapter 26, generally.

“Information services” means every business activity, process, or function by which a seller or its agent accumulates, prepares, organizes, or conveys data, facts, knowledge, procedures, and like services to a particular buyer (or its agent) of the information through any tangible or intangible medium. Information accumulated, prepared, or organized for a particular buyer, its agent, a group of buyers, or their agent, is an information service even though it may incorporate preexisting components of data or other information.

Information services include, but are not limited to, database files, mailing lists, subscription files, market research, credit reports, surveys, real estate listings, bond rating reports, abstracts of title, bad check lists, broadcasting rating services, wire services, scouting reports, white and yellow page listings, and other similar items of compiled information prepared for a particular customer. The furnishing of artwork (including musical compositions and films), drawings, illustrations, or other graphic material is not the performance of an “information service”; nor does the term include information prepared for general dissemination to the public in the form of books, magazines, newsletters, video or audio tapes, compact disks, or any other medium commonly used to communicate with large numbers of customers. The sale of a book, magazine, or similar item is not the sale of an information service, even if the item contains material of practical use (e.g., in conducting a private, for–profit business) to its purchaser.

The following specific examples illustrate the general principles set out above.

EXAMPLE A. John Doe buys a packaged set of preprinted documents and instructions which anyone may purchase and which is entitled “Legal Eagle.” Mr. Doe prepares his own will by reading the instructions, making choices and filling in the blanks on the preprinted documents. Mr. Doe has purchased tangible personal property and not an information service. His purchase is taxable.

EXAMPLE B. A taxpayer buys a book entitled “Doing Your Own Iowa Individual Income Tax,” which is written by an accountant and is available to any buyer. The taxpayer uses the book to prepare her own IA 1040. Since her purchase contains information prepared for general dissemination to the public in the form of a book, that purchase is a taxable sale of tangible personal property and not an exempt sale of an information service.

EXAMPLE C. The seller provides, for a fee, a weekly bulletin listing information on real estate of use to brokers selling homes in a certain Iowa county. The seller secures the information from a multiple listing service without applying any independent thought during the compiling of that information. The bulletin is useful only to those brokers and not to the general public. Since the bulletin is a “real estate listing” and has been prepared for a particular group of customers and not for the general public, its sale is the sale of an information service rather than the sale of tangible personal property and is thus exempt from tax.

EXAMPLE D. A–1 Corporation sells gourmet meats through the mail. A–1 rents its list of customers to whom it mails its catalog to other retailers who specialize in sales of goods or services to the wealthy. Since the list is a “mailing list” and made available only to a particular group of buyers, its rental is the performance of an exempt information service and not the taxable rental of tangible personal property.

EXAMPLE E. Company E is a tariff bureau which specializes in compiling and preparing tariff schedules. E acquires these schedules from various companies throughout the country. E then provides these schedules to common carriers who subscribe to its service. Its printed tariff schedules are published in bound and loose–leaf form; they may be updated daily. E’s providing the schedules is the performance of an exempt information service because the schedules are compiled for a particular group of customers and they are items of compiled information similar to the files, lists, reports, and other information services named above.

EXAMPLE F. Company F compiles and prints telephone directories. F purchases white and yellow page listings from various telephone companies and uses those listings to make up its directories. F’s purchases of the white and yellow page listings are purchases of an exempt information service. Any sales on F’s part of the directories to the general public would be sales of tangible personal property subject to tax.

EXAMPLE G. Company G purchases the assets of four businesses. The primary asset of each of the businesses is a database containing names, addresses, and other customer information of use to G but not to anyone other than a company similar to G. G transfers the lists to its own computers by way of paper or magnetic tape. G has purchased an exempt information service with its purchases of the four databases.

This rule is intended to implement Iowa Code Supplement section 422.45 as amended by 2000 Iowa Acts, House File 2562, section 3.

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:

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%

February 1, 2000 — February 29, 2000 8.25%

March 1, 2000 — March 31, 2000 8.75%

April 1, 2000 — April 30, 2000 8.50%

May 1, 2000 — May 31, 2000 8.25%

June 1, 2000 — June 30, 2000 8.00%

July 1, 2000 — July 31, 2000 8.50%

August 1, 2000 — August 31, 2000 8.00%

September 1, 2000 — September 30, 2000 8.00%

October 1, 2000 — October 31, 2000 7.75%

Pursuant to the authority of Iowa Code section 17A.4(1)“b,” the Iowa Utilities Board (Board) gives notice that on September 5, 2000, the Board issued an order in Docket No. RMU–00–4, In re: Individual Meter Measurement, “Order Terminating Rule Making.”

On February 15, 2000, the Board issued an order commencing a rule making to receive public comment on the rescission of existing rules concerning individual meter measurement and the adoption of new rules. The Board proposed to rescind 199—paragraph 19.3(1)“b” and adopt new paragraph “b” and adopt new paragraph 19.3(1)“c”; and to rescind paragraph 20.3(1)“b” and adopt new paragraph “b” and adopt new paragraph 20.3(1)“c.” Notice of Intended Action was published in IAB Vol. XXII, No. 18 (3/8/00) p. 1358, as ARC 9716A. Written comments were filed on or before March 28, 2000. No oral presentation was requested or provided.

Pursuant to the authority of Iowa Code section 17A.4(1)“b” (1999), the Utilities Board will terminate the rule making. The Board has found that a more extensive consideration of the changes to the individual meter measurement rules is required and will open a Notice of Inquiry to receive comments from representatives of all persons affected by changes to the rules.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby adopts Chapter 80, “Standards for Paraeducator Preparation Programs,” Iowa Administrative Code.

This chapter allows the State Board to approve programs for paraeducator certification submitted by the Department of Education.

Notice of Intended Action was published in the Iowa Administrative Bulletin on August 23, 2000, as ARC 0060B. No public comment was received regarding this chapter.

The Department finds that these rules confer a benefit to school districts and paraeducators and must be made effective as soon as possible. Several institutions are waiting to have programs approved so courses may begin in the fall. Therefore, pursuant to Iowa Code section 17A.5(2)“b”(2), these rules are Adopted and Filed Emergency After Notice and should be made effective upon filing with the Administrative Rules Coordinator on September 15, 2000.

These rules are identical to those published under Notice of Intended Action.

These rules are intended to implement Iowa Code section 256.7 as amended by 2000 Iowa Acts, House File 2146.

These rules became effective September 15, 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 80] is being omitted. These rules are identical to those published under Notice as ARC 0060B, IAB 8/23/00.

[Filed Emergency After Notice 9/15/00, effective 9/15/00]
[Published 10/4/00]

[For replacement pages for IAC, see IAC Supplement 10/4/00.]

Pursuant to the authority of Iowa Code sections 3.10(2) and 217.6, the Department of Human Services hereby amends Chapter 60, “Refugee Cash Assistance,” appearing in the Iowa Administrative Code.

These amendments change the definition of date of entry for asylees and disregard as income and as a resource incidental cash resettlement moneys that sponsors make available to refugees applying for refugee cash assistance (RCA).

Eligibility for RCA is limited to eight months. The eight–month period begins with the date the alien enters the United States. However, aliens seeking asylum cannot access RCA until they have actually been granted asylum. Currently, because of the time it generally takes the Immigration and Naturalization Service (INS) to process alien status adjustments, asylees are often prohibited from accessing RCA because the eight–month period from the date they entered the United States has expired by the time they are granted asylum.

To better serve asylees, the Office of Refugee Resettlement (ORR) has ruled that for aliens seeking asylum the “date of entry” is the date they are granted asylum and begins the eight–month eligibility period for RCA.

EXAMPLE: April 3—date of entry into the United States

December 5—date asylum is granted

Under these amendments, December 5 is considered the “date of entry.” The eight–month eligibility period for RCA would be December through July.

Under the current rule, the asylee would not be able to access RCA because the eight–month eligibility period (April through November) would have expired November 30, before the date asylum was granted.

The first few months after having been granted asylum are critical to asylees as they attempt to find work, adapt to a new culture and environment and, in many cases, attempt to bring their families from countries that are war–torn and unsafe. The new rule allows for asylees to receive assistance during a most difficult time period.

Unlike other aliens, refugees are brought to the United States by the state’s voluntary resettlement agencies. Resettlement agencies receive funds from the U.S. Department of State and ORR to be used for refugees’ basic living expenses when first arriving in the United States, such as for housing, furniture, clothing, and other needed items. Refugees also usually have a local sponsor, such as an individual, a church or fraternal group. The particular resettlement agency makes the resettlement funds available to the refugee’s local sponsor for use within established guidelines. Sponsors generally use the funds to make vendor payments to stores, landlords and other entities providing services or goods to the refugee family. Occasionally, a sponsor or the resettlement agency may give a small amount of the resettlement funds directly to the refugee family for necessary personal items, such as toiletries.

Under the current rule, cash that sponsors or resettlement agencies give directly to the refugee family is counted against the RCA cash grant. Under these amendments, the cash will be disregarded. These amendments allow for the exchange of a small amount of cash for needed personal items without refugees’ incurring a reduction in their RCA grant.

These amendments do not provide for waivers in specified situations because these amendments are required by federal regulations that do not provide for waivers.

The Department of Human Services finds that notice and public participation are unnecessary and impracticable because these changes are mandated by federal regulation and there is not time to allow for public notice and comment and have the changes effective by the mandated effective date. Therefore, these amendments are filed pursuant to Iowa Code section 17A.4(2).

The Department finds that these amendments confer a benefit to asylees by extending the time period for which they are allowed to access refugee cash assistance and to all refugees (which includes asylees) by disregarding as income and as a resource incidental cash resettlement moneys available to them. Therefore, these amendments are filed pursuant to Iowa Code section 17A.5(2)“b”(2).

These amendments are also published herein under Notice of Intended Action as ARC 0158B to allow for public comment.

The Council on Human Services adopted these amendments September 12, 2000.

These amendments are intended to implement Iowa Code section 217.6.

These amendments became effective October 1, 2000.

The following amendments are adopted.

ITEM 1. Amend rule 441—60.7(217), introductory paragraph, as follows:

441—60.7(217) Time limit for eligibility. A refugee may receive assistance, if otherwise eligible, during the first eight months the refugee is in the United States, beginning the month the refugee enters the country. EXCEPTION: For asylees, the date of entry is the date asylum is granted. The eight–month period of eligibility begins the month asylum is granted. A nonrefugee child in the home with a refugee parent (or refugee parents, if both are in the home) is eligible for assistance until the parent(s) has been in the United States for eight months, or until the child reaches eight months of age, whichever occurs first.

ITEM 2. Amend subrule 60.7(2) by adopting the following new paragraph “d”:

d. Any cash grant received by the applicant under the Department of State or the Department of Justice reception and placement programs shall be disregarded as income and as a resource.

[Filed Emergency 9/12/00, effective 10/1/00]

[Published 10/4/00]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/4/00.

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services hereby amends Chapter 75, “Conditions of Eligibility,” and Chapter 76, “Application and Investigation,” appearing in the Iowa Administrative Code.

The Council on Human Services adopted these amendments September 12, 2000.

Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on July 12, 2000, as ARC 9979A.

These amendments eliminate monthly reporting and retrospective budgeting for categorically needy FMAP–related Medicaid applicants and recipients. The six–month review is eliminated for categorically needy FMAP–related Medicaid recipients and for FMAP–related and CMAP–related medically needy recipients with a zero spenddown. The changes a categorically needy FMAP–related Medicaid recipient will be required to report between annual reviews are limited to changes in household composition, living or mailing address, sources of income, and health insurance coverage. In addition, these amendments revise the nonrecurring lump sum rules and the rules specifying that deposits into an individual development account (IDA) are exempt as income and as a resource.

Each month that a client is required to report, the client is subject to potential cancellation if the form is not returned on time, if all questions are not answered, if the form is not signed, and if all required verification is not submitted with the form. Ensuring that the client has complied with all these requirements requires a significant amount of time each month. Nationally, it is recognized that monthly reporting is one of the main reasons that Medicaid–eligible people do not stay in the Medicaid program. For example, in Iowa 6,672 new children were added to the Medicaid program in April. (New children are children who did not receive Medicaid during the prior month, in this example, March.) However, during April 6,524 children dropped off the Medicaid program. While there is no actual proof, the Department believes the reason that many of the children dropped off Medicaid was due to monthly reporting issues.

Retrospective budgeting bases a person’s eligibility for Medicaid on their income and circumstances two months prior to the month for which eligibility is being determined. For example, Medicaid eligibility for May is based on the actual income received during the month of March. Eliminating monthly reporting without eliminating retrospective budgeting would still require the client to report each month the income the client received in the previous month, but without a form. This rule change replaces retrospective budgeting with prospective budgeting. Prospective budgeting takes into consideration both the circumstances of past months and the anticipated circumstances in future months. Also, by replacing retrospective budgeting with prospective budgeting, the need to allow for a month of suspension when one–time changes in income or circumstances occur is eliminated. Because prospective budgeting bases income eligibility on the client’s recent income history, or on a projection of anticipated income, or on a combination of the recent income history and a projection of anticipated income, one–time changes in income will not affect the income projection.

The six–month non–face–to–face review is a duplication of the process a worker completes each time a client reports a change in circumstances. Requiring recipients to complete a form and requiring that workers evaluate and process these forms when the client has reported no change does not seem to be a fair and equitable policy for clients and it is not an efficient use of staff time.

Limiting the changes a client is required to report reduces the potential for the client to forget to report a change, which could result in penalties such as an overpayment or in cancellation. Additionally, it reduces the frequency with which workers must redetermine eligibility.

The time saved by workers no longer performing the tasks noted above will be refocused toward ensuring accuracy in the Food Stamp program.

These amendments do not provide for waivers in specified situations because they confer a benefit on clients by reducing paperwork and reporting requirements.

These amendments are identical to those published under Notice of Intended Action.

The Department finds that these amendments confer a benefit on the clients affected by lessening the amount of paperwork clients are required to complete and lowering the risk of sanction because a form was not received. Therefore, these amendments are filed pursuant to Iowa Code section 17A.5(2)“b”(2).

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

These amendments became effective October 1, 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 [amendments to Chs 75, 76] is being omitted. These amendments are identical to those published under Notice as ARC 9979A, IAB 7/12/00.

[Filed Emergency After Notice 9/12/00, effective 10/1/00]
[Published 10/4/00]

[For replacement pages for IAC, see IAC Supplement 10/4/00.]

Pursuant to the authority of Iowa Code section 249A.4 and 2000 Iowa Acts, Senate File 2435, section 9, the Department of Human Services hereby amends Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” and Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” appearing in the Iowa Administrative Code.

The Council on Human Services adopted these amendments September 12, 2000. Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on July 26, 2000, as ARC 9995A.

These amendments add pharmaceutical case management as a new service in the Medicaid program. This servicewill be provided to Medicaid recipients at high risk formedication–related problems. This service is designed to identify, prevent, and resolve medication–related problems; improve drug therapy outcomes; and result in more cost–effective delivery of health care services to persons served.

Patients are eligible for pharmaceutical case management services if they have active prescriptions for four or more regularly scheduled nontopical medications, are ambulatory, do not reside in a nursing facility, and have at least one of the eligible disease states of congestive heart disease, ischemic heart disease, diabetes mellitus, hypertension, hyperlipidemia, asthma, depression, atrial fibrillation, osteoarthritis, gastroesophageal reflux, or chronic obstructive pulmonary disease.

Following enrollment to provide the services, pharmacists will be given a list of their Medicaid patients eligible to participate in the program. Patients have the choice of whether to receive the services. If a patient elects to receive the services, the patient must receive the services from any eligible physician and pharmacist acting as a pharmaceutical case management (PCM) team. Usually these will be the patient’s primary physician and pharmacist.

Physicians and pharmacists shall meet specific criteria to provide pharmaceutical case management services. Both physicians and pharmacists must be enrolled in the Iowa Medicaid program, have an Iowa Medicaid provider number, and receive training under the direction of the Department regarding the provision of pharmaceutical case management services under the Iowa Medicaid program.

Physicians shall be licensed to practice medicine. Pharmacists shall present to the Department evidence of competency including state licensure, submit five acceptable patient care plans, and have successfully completed professional training on patient–oriented, medication–related problem prevention and resolution. Pharmacists shall also maintain problem–oriented patient records, provide a private patient consultation area, and submit a statement indicating that the submitted patient care plans are representative of the pharmacists’ usual patient care plans.

The Seventy–eighth General Assembly appropriated $414,000 to provide these services and study the impact of the services on improving patients’ drug therapy outcomes. The legislation provides for an independent evaluation of the services to be conducted by the University of Iowa College of Public Health at no cost to the state. The University is to submit a final report on the findings of the evaluation by December 15, 2002. The Department of Human Services is to submit a progress report on these services by December 15, 2001, and a final report by December 15, 2002. Following submission of the final reports, the Department will reevaluate the rules with input from the Iowa Medical Society and the Iowa Pharmacy Association.

The overall purpose of the study is to determine whether reimbursed pharmaceutical care results in better care processes and outcomes and is more cost–effective than nonreimbursed traditional pharmacist care.

These amendments do not provide for waiver in specified situations because the General Assembly directed the Department to implement this change, with no provision for exceptions, and these amendments confer a benefit by providing a new Medicaid service.

The Department finds that these amendments con–fer a benefit on Medicaid recipients who are at high risk for medication–related problems by allowing them to receive pharmaceutical case management services to help them identify, prevent, and resolve those problems. Therefore, these amendments are filed pursuant to Iowa Code section 17A.5(2)“b”(2).

Subrule 78.47(2), paragraph “a,” was revised in response to comments from the Iowa Medical Society to clarify that physicians do not have to reenroll in the Medicaid program to provide pharmaceutical case management services.

These amendments are intended to implement Iowa Code section 249A.4 and 2000 Iowa Acts, Senate File 2435, section 9.

These amendments became effective October 1, 2000.

The following amendments are adopted.

ITEM 1. Amend 441—Chapter 78 by adopting the following new rule:

441—78.47(249A) Pharmaceutical case management services. Payment will be approved for pharmaceutical case management services provided by an eligible physician and pharmacist for Medicaid recipients determined to be at high risk for medication–related problems. These services are designed to identify, prevent, and resolve medication–related problems and improve drug therapy outcomes.

78.47(1) Medicaid recipient eligibility. Patients are eligible for pharmaceutical case management services if they have active prescriptions for four or more regularly scheduled nontopical medications, are ambulatory, do not reside in a nursing facility, and have at least one of the eligible disease states of congestive heart disease, ischemic heart disease, diabetes mellitus, hypertension, hyperlipidemia, asthma, depression, atrial fibrillation, osteoarthritis, gastroesophageal reflux, or chronic obstructive pulmonary disease.

78.47(2) Provider eligibility. Physicians and pharmacists shall meet the following criteria to provide pharmaceutical case management services.

a. Physicians and pharmacists must be enrolled in the Iowa Medicaid program, have an Iowa Medicaid provider number, and receive training under the direction of the department regarding the provision of pharmaceutical case management services under the Iowa Medicaid program.

A copy of pharmaceutical case management records, including documentation of services provided, shall be maintained on file in each provider’s facility and be made available for audit by the department on request.

b. Physicians shall be licensed to practice medicine.

c. Pharmacists shall present to the department evidence of competency including state licensure, submit five acceptable patient care plans, and have successfully completed professional training on patient–oriented, medication–related problem prevention and resolution. Pharmacists shall also maintain problem–oriented patient records, provide a private patient consultation area, and submit a statement indicating that the submitted patient care plans are representative of the pharmacists’ usual patient care plans.

Acceptable professional training programs are:

(1) A doctor of pharmacy degree program.

(2) The Iowa Center for Pharmaceutical Care (ICPC) training program, which is a cooperative training initiative of the University of Iowa College of Pharmacy, Drake University College of Pharmacy and Health Sciences, and the Iowa Pharmacy Foundation.

(3) Other programs containing similar coursework and supplemental practice site evaluation and reengineering, approved by the department with input from a peer review advisory committee.

78.47(3) Services. Eligible patients may choose whether to receive the services. If patients elect to receive the services, they must receive the services from any eligible physician and pharmacist acting as a pharmaceutical case management (PCM) team. Usually the eligible physician and pharmacist will be the patient’s primary physician and pharmacist. Pharmaceutical case management services are to bevalue–added services complementary to the basic medical services provided by the primary physician and pharmacist.

The PCM team shall provide the following services:

a. Initial assessment. The initial assessment shall consist of:

(1) A patient evaluation by the pharmacist, including:

1. Medication history;

2. Assessment of indications, effectiveness, safety, and compliance of medication therapy;

3. Assessment for the presence of untreated illness; and

4. Identification of medication–related problems such as unnecessary medication therapy, suboptimal medication selection, inappropriate compliance, adverse drug reactions, and need for additional medication therapy.

(2) A written report and recommendation from the pharmacist to the physician.

(3) A patient care action plan developed by the PCM team with the patient’s agreement and implemented by the PCM team. Specific components of the action plan will vary based on patient needs and conditions but may include changes in medication regimen, focused patient or caregiver education, periodic assessment for changes in the patient’s condition, periodic monitoring of the effectiveness of medication therapy, self–management training, provision of patient–specific educational and informational materials, compliance enhancement, and reinforcement of healthy lifestyles. An action plan must be completed for each initial assessment.

b. New problem assessments. These assessments are initiated when a new medication–related problem is identified. The action plan is modified and new components are implemented to address the new problem. This assessment may occur in the interim between scheduled follow–up assessments.

c. Problem follow–up assessments. These assessments are based on patient need and a problem identified by a prior assessment. The patient’s status is evaluated at an appropriate interval. The effectiveness of the implemented action plan is determined and modifications are made as needed.

d. Preventive follow–up assessments. These assessments occur approximately every six months when no current medication–related problems have been identified in prior assessments. The patient is reassessed for newly developed medication–related problems and the action plan is reviewed.

This rule is intended to implement 2000 Iowa Acts, Senate File 2435, section 9.

ITEM 2. Amend rule 441—79.1(249A) as follows:

Amend subrule 79.1(2) by adopting the following new provider category in alphabetical order:

Adopt the following new subrule:

79.1(18) Pharmaceutical case management services reimbursement. Pharmacist and physician pharmaceutical case management (PCM) team members shall be equally reimbursed for participation in each of the four services described in rule 441—78.47(249A). The following table contains the amount each team member shall be reimbursed for the services provided and the maximum number of payments for each type of assessment. Payment for services beyond the maximum number of payments shall be considered on an individual basis after peer review of submitted documentation of medical necessity.

[Filed Emergency After Notice 9/12/00, effective 10/1/00]

[Published 10/4/00]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/4/00.

Pursuant to the authority of Iowa Code section 135.105A, the Department of Public Health hereby amends Chapter 70, “Lead Professional Certification,” Iowa Administrative Code.

Iowa Code section 135.105A directs the Department of Public Health to establish a program for the training and certification of lead inspectors and lead abaters and states that a person shall not perform lead abatement or lead inspections unless the person has completed a training program approved by the Department and has obtained certification. Property owners are required to be certified only if the property in which they will perform lead inspections or lead abatement is occupied by a person other than the owner or a member of the owner’s immediate family while the measures are being performed. A person may be certified as both a lead inspector and a lead abater. However, a person who is certified as both shall not provide both inspection and abatement services at the same site unless a written consent or waiver, following full disclosure by the person, is obtained from the owner or manager of the site. Iowa’s law stipulates that it could take effect only after the Department of Public Health obtained authorization from the U.S. Environmental Protection Agency (EPA) for its program to train and certify lead inspectors and abaters. Iowa’s program was authorized by the U.S. EPA on July 13, 1999.

The amendments incorporate EPA’s final comments on Iowa’s regulations, add definitions and other provisions to clarify the regulations, and add provisions to assist housing rehabilitation agencies and public housing authorities in complying with U.S. Department of Housing and Urban Development (HUD) regulations that became effective on September 15, 2000.

EPA has informed the Department that these regulations must incorporate provisions for the certification of firms that conduct lead–based paint activities in addition to the certification of individuals, so these provisions have been added to these regulations.

To clarify the current regulations, the Department has added definitions for “clearance testing,” “composite sampling,” and “elevated blood lead (EBL) inspection agency,” and modified the definition of “firm.” In addition, the Department has added several subjects that are customarily included in training courses to the required content for these courses. The Department has added provisions to clarify that the elevated blood lead (EBL) inspector/risk assessor training course builds on the lead inspector/risk assessor course and that the lead inspector/risk assessor course builds on the visual risk assessor course. Therefore, visual risk assessor training can be upgraded to lead inspector/risk assessor training and lead inspector/risk assessor training can be upgraded to elevated blood lead (EBL) inspector/risk assessor training if a training provider chooses to offer courses consisting of the additional topics needed for the upgraded training. In addition, the project designer course builds on the lead abatement contractor course, and the lead abatement contractor course builds on the lead abatement worker course. Lead abatement worker training can be upgraded to lead abatement contractor training and lead abatement contractor training can be upgraded to project designer training if a training provider chooses to offer courses consisting of the additional topics needed for the upgraded training. The Department has added provisions to consider applications for certification as a lead professional from individuals who have been certified in other states. The Department has clarified the procedures for lead abatement contractors to notify the Department prior to beginning a lead abatement project. Finally, the Department has added work practice standards for clearance testing.

The Department has added a number of provisions to assist housing rehabilitation agencies and public housing authorities in complying with HUD regulations that became effective on September 15, 2000. The Iowa Department of Economic Development, local housing rehabilitation agencies, and public housing authorities have asked the Department to make these changes to the regulations. The Department has added a definition of “clearance testing” and changed the definition of “lead–contaminated dust” to reflect that activities conducted pursuant to 24 CFR 35.1340 must comply with the dust lead levels contained in this federal regulation. The definition of “lead professional” has been modified to include clearance testing. The Department has added definitions for “ongoing maintenance,” “paint stabilization,” “rehabilitation,” and “standard treatments,” and has modified the definition of “visual inspection” for clearance testing. The Department has added four hours of training time and several additional topics to the requirements for the visual risk assessor training course and has clarified the procedures for previously certified visual risk assessors to upgrade their certifications to meet the new requirements. By adding all of these provisions, employees of housing rehabilitation agencies and public housing authorities can comply with 24 CFR 35.1340 by completing 20 hours of training and becoming certified as a visual risk assessor. Without these new provisions, employees of housing rehab–ilitation agencies and public housing authorities would need to complete 40 hours of training and become certified as lead inspector/risk assessors to comply with 24 CFR 35.1340.

Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 0012B on August 9, 2000. The State Board of Health adopted these amendments at its regular board meeting on September 13, 2000. A public hearing to receive comments about the proposed amendments was held on August 29, 2000. No comments were received. Three changes were made to the rules as a result of an internal review.

In subrule 70.4(4), introductory paragraph, the hours of hands–on training needed in a course intended for the training of lead inspector/risk assessors who have already completed an approved visual risk assessor course was changed from 4 hours to 8 hours. The introductory paragraph now reads as follows:

70.4(4) To be approved for the training of lead inspector/risk assessors who have already completed an approved visual risk assessor course, a course must be at least 20 training hours with a minimum of 8 hours devoted to hands–on training activities. The training course shall cover at least the following subjects (requirements ending in an asterisk (*) indicate areas that require hands–on activities as an integral component of the course):

In subrule 70.4(7), introductory paragraph, the hours of hands–on training needed in a course intended for the training of elevated blood lead (EBL) inspector/risk assessors who have already completed an approved visual risk assessor course was changed from 4 hours to 8 hours. The introductory paragraph now reads as follows:

70.4(7) To be approved for the training of elevated blood lead (EBL) inspector/risk assessors who have already completed an approved visual risk assessor course, a course must be at least 28 training hours with a minimum of 8 hours devoted to hands–on training activities. The training course shall cover at least the following subjects (requirements ending in an asterisk (*) indicate areas that require hands–on activities as an integral component of the course):

In subrule 70.4(11), introductory paragraph, the hours of hands–on training needed in a course intended for the training of visual risk assessors was changed from 6 hours to 4 hours. The introductory paragraph now reads as follows:

70.4(11) To be approved for the training of visual risk assessors prior to September 15, 2000, a course must be at least 16 training hours with a minimum of 4 hours devoted to hands–on activities. Beginning September 15, 2000, a course must be at least 20 training hours with a minimum of 4 hours devoted to hands–on training activities. The training course shall cover at least the following subjects (requirements ending in an asterisk (*) indicate areas that require hands–on activities as an integral component of the course):

The total hours of hands–on training needed in courses intended to train lead inspector/risk assessors and elevated blood lead (EBL) inspector/risk assessors was not changed and is still a total of 12 hours. These changes were made after a review of the material included in the training curricula and the hours that are available for hands–on training in these curricula.

The Department finds, pursuant to Iowa Code section 17A.5(2)“b”(2), that the normal effective date of the amendments, 35 days after publication, should be waived and the amendments be made effective on September 14, 2000, upon filing with the Administrative Rules Coordinator. These amendments confer a benefit on the Iowa Department of Economic Development, local housing rehabilitation agencies, and public housing authorities by allowing their employees to comply with 24 CFR 35.1340 by completing 20 hours of training and becoming certified as visual risk assessors. Without these new provisions, employees of housing rehabilitation agencies and public housing authorities would need to complete 40 hours of training and become certified as lead inspector/risk assessors to comply with 24 CFR 35.1340. These amendments were Adopted and Filed Emergency After Notice to ensure that final rules are effective by the effective date of 24 CFR 35.1340, which is September 15, 2000.

The Department has determined that these rules are not subject to waiver or variance because Iowa’s program must be as protective as the U.S. EPA regulations which do not allow variances or waivers.

These amendments are intended to implement Iowa Code section 135.105A.

These amendments became effective on September 14, 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 [70.1 to 70.10] is being omitted. With the exception of the changes noted above, these rules are identical to those published under Notice as ARC 0012B, IAB 8/9/00.

[Filed Emergency After Notice 9/14/00, effective 9/14/00]
[Published 10/4/00]

[For replacement pages for IAC, see IAC Supplement 10/4/00.]

Pursuant to the authority of Iowa Code section 147A.4, the Department of Public Health hereby adopts amendmentsto Chapter 131, “Emergency Medical Services Provider Education/Training/Certification,” Chapter 132, “Emergency Medical Services—Service Program Authorization,” and Chapter 139, “Iowa Law Enforcement Emergency Care Provider,” Iowa Administrative Code.

The amendments streamline the procedure for training nontraditional providers of emergency medical care in the use of the automated external defibrillator (AED). The amendments also simplify the procedure for allowing the placement of AEDs in public places.

In compliance with Iowa Code section 17A.4(2), the Department finds that notice and public participation are unnecessary because the amendments confer a benefit on the general public by making access to an automated external defibrillator more readily available.

The Department also finds, pursuant to Iowa Code section 17A.5(2)“b”(2), that the normal effective date of the amendments should be waived and these amendments should be made effective upon filing with the Administrative Rules Coordinator on September 14, 2000, as they confer a benefit on the general public.

These amendments are also published herein under Notice of Intended Action as ARC 0187B to allow for public comment.

These amendments are intended to implement Iowa Code chapter 147A.

These amendments became effective September 14, 2000.

The following amendments are adopted.

ITEM 1. Amend rule 641—131.1(147A) as follows:

Rescind the definition of “PAD provider.”

Adopt the following new definition in alphabetical order:

“Public access defibrillation provider” means someone who has current course completion in a nationally recognized public access defibrillation provider course approved by the department and who also holds a current course completion in CPR. The department deems a provider who has received and maintained certificates of completion from each of these courses to be certified by the department.

ITEM 2. Amend subparagraph 131.4(1)“a”(1) as follows:

(1) EMS provider curricula:

1. PAD—Iowa curriculum or a nationally recognized public access provider AED course approved by the department.

2. to 7. No change.

ITEM 3. Amend rule 641—132.1(147A) as follows:

Amend the following definitions:

“PAD service program” means a nonemergency response business agency, public or private, that has trained its employees or associates in the use of an automatic external defibrillator and is authorized by the department as a PAD service program registered with the department to provide automated external defibrillator (AED) coverage.

“Public access defibrillation (PAD)” means the operation of an automatic automated external defibrillator by a nontraditional provider of emergency medical care.

“Public access defibrillation provider” means someone who has completed the public access provider AED current course completion in a nationally recognized public access defibrillation provider course approved by the department and who is currently certified by the department as a PAD provider also holds a current course completion in CPR.

Adopt the following new definition in alphabetical order:

“PAD liaison” means the individual identified by the nonemergency response agency, public or private, who is responsible for supervision of the agency’s PAD program.

ITEM 4. Amend subrules 132.16(1) to 132.16(3) as follows:

132.16(1) Authority of public access defibrillation provider. Public access defibrillation providers may perform those skills identified in the public access defibrillation provider curriculum approved by the department, as part of an authorized PAD service program.

132.16(2) Public access defibrillation provider—training requirements. Individuals seeking certification as a public access defibrillation provider shall: Public access defibrillation providers shall have current course completion in:

a. Be an employee or associate of the public or private business agency applying for PAD service program authorization. Adult CPR, including one rescuer CPR, foreign body airway obstruction, rescue breathing, recovery position, and activating the EMS system; and

b. Obtain appropriate training approved by the department. PAD provider training shall include as a minimum: A nationally recognized AED course approved by the department.

132.16(3) PAD service program—application registration, guidelines, and standards. A public or private nonemergency response business agency may establish an affiliation with an EMS service program if wishing to provide AED coverage in an EMS service program’s service area or may apply for authorization as an independent PAD service program. request to register with the department to provide AED coverage. An application is required and may be obtained by contacting the Iowa Department of Public Health, Bureau of EMS, Lucas State Office Building, Des Moines, Iowa 50319–0075. PAD service programs seeking registration with the department shall:

a. Provide a medical director licensed under Iowa Code chapter 148, 150, or 150A, who shall be responsible for the overall medical direction of the PAD service program. Complete the department’s PAD service program registration form.

b. Use an AED approved by the department Provide a PAD liaison who shall be responsible for supervision of the PAD service program.

c. Use the defibrillation protocol approved by the department. Implement a policy for periodic maintenance of the AED.

d. Rescinded IAB 12/2/98, effective 1/6/99. Ensure that the service program’s PAD providers maintain AED and CPR skill competency.

e. Rescinded IAB 12/2/98, effective 1/6/99. Identify which authorized Iowa ambulance service program(s) will provide patient transportation.

f. Implement a policy for periodic maintenance of the AED Reregister with the department every five years.

ITEM 5. Amend rule 641—139.1(147A), definitions of “AED” and “law enforcement AED service program,” as follows:

“AED” means automatic automated external defibrillator.

“Law enforcement AED service program” means a recognized Iowa law enforcement agency that has trained its peace officers in the use of an AED and is authorized by has registered with the department as a law enforcement AED service program.

ITEM 6. Amend rule 641—139.6(147A) as follows:

641—139.6(147A) Law enforcement AED service program authorization. A recognized Iowa law enforcement agency that desires to allow its peace officers to use an AED shall apply to may register with the department for authorization to provide AED coverage. Application for authorization shall be made on forms provided by the department. The purpose of this rule is to allow law enforcement agencies to train their peace officers in the use of the automatic automated external defibrillator and to provide AED coverage when appropriately trained personnel are available. This rule is intended to enhance and supplement the local EMS system with nontraditional early defibrillation agencies.

139.6(1) Training requirements. Law enforcement personnel wishing to provide AED coverage as part of an Iowa law enforcement agency shall have current course completion in:

a. Be an employee or associate of the law enforcement agency. Adult CPR, including one rescuer CPR, foreign body airway obstruction, rescue breathing, recovery position, and activating the EMS system; and

b. As a minimum, be currently certified as an Iowa law enforcement emergency care provider. A nationally recognized AED course approved by the department.

139.6(2) Iowa law enforcement AED service program—application registration, guidelines, and standards. An Iowa law enforcement agency may establish an affiliation with an EMS service program if wishing register with the department to provide AED coverage in an EMS service program’s service area or may apply for authorization as an independent law enforcement AED service program. An application is required and may be obtained by contacting the Iowa Department of Public Health, Bureau of EMS, Lucas State Office Building, Des Moines, Iowa 50319–0075. Iowa law enforcement AED service programs seeking registration with the department shall:

a. Provide a medical director licensed under Iowa Code chapter 148, 150, or 150A, who shall be responsible for the overall medical direction of the law enforcement AED service program. Complete the department’s PAD service program registration form.

b. Use an AED approved by the department. Provide a PAD liaison who shall be responsible for supervision of the PAD service program.

c. Use the defibrillation protocol approved by the department. Implement a policy for periodic maintenance of the AED.

d. Rescinded IAB 12/2/98, effective 1/6/99. Ensure that the service program’s PAD providers maintain AED and CPR skill competency.

e. Rescinded IAB 12/2/98, effective 1/6/99. Identify which authorized Iowa ambulance service program(s) will provide patient transportation.

f. Implement a policy for periodic maintenance of the AED Reregister with the department every five years.

139.6(3) No change.

[Filed Emergency 9/14/00, effective 9/14/00]

[Published 10/4/00]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/4/00.

Pursuant to the authority of Iowa Code sections 17A.3 and 29C.8, the Emergency Management Division hereby amends Chapter 7, “Local Emergency Management,” Iowa Administrative Code.

The amendment clarifies how and when the Division will identify nonperformance and noncompliance issues in regard to Emergency Management Performance Grants.

In compliance with Iowa Code section 17A.4(2), the Division finds that notice and public participation are unnecessary because this amendment has been discussed and reviewed by the Iowa Emergency Management Association and the Administrative Rules Review Committee, as part of ARC 0019B, published in the Iowa Administrative Bulletin on August 9, 2000.

The Emergency Management Division adopted this amendment on September 15, 2000.

This amendment will become effective November 8, 2000.

This amendment is intended to implement Iowa Code sections 29C.6 and 29C.8.

The following amendment is adopted.

Amend subrule 7.7(5) to read as follows:

7.7(5) Serious nonperformance problems. If a local or joint commission cannot demonstrate achievement of agreed–upon work products, the division is empowered to withhold reimbursement or to recover funds from the local or joint commission. Corrective action procedures are designed to focus the commission’s attention on nonperformance problems and to bring about compliance with the cooperative agreement. Corrective action procedures, which could lead to sanction, may be enacted as soon as the administrator becomes aware of present or future serious nonperformance or noncompliance. This realization may arise from staff visits or other contacts with the local agency or commission, from indications in the commission’s or coordinator’s quarterly report that indicate a significant shortfall from planned accomplishments, or from the commission’s or coordinator’s failure to report. Financial sanctions are to be applied only after corrective action remedies fail to result in accomplishment of agreed–upon work product.

[Filed Without Notice 9/15/00, effective 11/8/00]

[Published 10/4/00]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/4/00.

Pursuant to the authority of Iowa Code section 17A.3, the Department of Human Rights hereby amends Chapter 2, “Public Records and Fair Information Practices,” Iowa Administrative Code.

The amendments to Chapter 2 update the Department’s rules on public records and fair information practices.

The Department believes these amendments will bring its fair information practices rules into compliance with the requirements of Iowa Code chapter 22, which requires that state agencies have in their rules a list of records that will be maintained as confidential and that agencies identify records containing personally identifiable information. Records that did not previously exist, or have been ruled as confidential by Iowa courts, must be added to the list whenever there is a change in the status of the record or when the record first appears. This procedure serves to keep the Department’s list accurate for the public’s information.

The amendments serve to update the Department’s list of records which are either confidential or contain personally identifiable information. Consequently, the Department’s rules will more accurately reflect the records over which it has custody.

Notice of Intended Action was published in the Iowa Administrative Bulletin on August 9, 2000, as ARC 0021B. No public comments were received. These amendments are identical to those published under Notice.

These amendments are intended to implement Iowa Code chapters 17A and 22.

These amendments will become effective November 8, 2000.

The following amendments are adopted.

ITEM 1. Amend rule 421—2.13(22) as follows:

2.13(1) General. Agency records are open for public inspection and copying unless otherwise provided by rule or law.

2.13(2) Confidential records. The following records may be withheld from public inspection.

a. Information pertaining to clients receiving advocacy or referral services. (1988 Iowa Acts, House File 2255 Iowa Code section 216A.6);

b. Tax records made available to the agency. (Iowa Code sections 422.20 and 422.72);

c. Records which are exempt from disclosure under Iowa Code section 22.7;

d. Minutes of closed meetings of a government body. (Iowa Code section 21.5(4));

e. Identifying details in final orders, decisions and opinions to the extent required to prevent a clearly unwarranted invasion of personal privacy under Iowa Code section 17A.3(1)“d”;

f. Those portions of agency staff manuals, instructions or other statements excluded from the definition of “rule.” (Iowa Code section 17A.2(7)“f”);

g. Records which constitute an attorney work product, attorney–client communications, or which are otherwise privileged. (Iowa Code sections 22.7(4), 622.10, and 622.11, and chapter 622B);

2.13(3) Authority to release confidential records. The agency may have discretion to disclose some confidentialrecords which are exempt from disclosure under Iowa Code section 22.7 or other law. Any person may request permission to inspect records withheld from inspection under a statute which authorizes limited or discretionary disclosure as provided in rule 2.4(22). If the agency initially determines that it will release such records, the agency may, where appropriate, notify interested parties and withhold the records from inspection as provided in subrule 2.4(3).

ITEM 2. Amend rule 421—2.14(22) by adopting the following new subrule:

2.14(5) Criminal and juvenile justice information obtained from other agencies.

a. The agency maintains files containing criminal and juvenile justice information obtained from other agencies to conduct research and evaluations, to provide data and analytical information to federal, state and local governments, and to assist other agencies in the use of criminal and juvenile justice data. These files may contain personally identifiable information.

b. The agency maintains these records pursuant to the authority of Iowa Code sections 216A.136 and 216A.138 and by interagency agreements.

c. The information is maintained on paper, some of which is also in computer files, or in computer files and not on paper, or on a data processing system. Some of these files and systems are capable of matching, collating or permitting the comparison of some personally identifiable information.

d. Certain criminal and juvenile justice information contained within these records and record systems is confidential under state or federal law or rule.

[Filed 9/12/00, effective 11/8/00]

[Published 10/4/00]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/4/00.

Pursuant to the authority of Iowa Code section 217.6, the Department of Human Services hereby amends Chapter 1, “Departmental Organization and Procedures,” appearing in the Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 9991A on July 26, 2000.

The Council on Human Services adopted this amendment September 12, 2000.

This amendment brings the Department’s rule on exceptions to policy into compliance with Executive Order Number 11 and 2000 Iowa Acts, House File 2206.

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 and the legislative mandate. 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.

Specifically, this amendment:

• Clarifies that exceptions must be consistent with other state and federal law.

• Specifies the minimum findings that must be made, based on clear and convincing evidence, before the Director can grant an exception.

• Provides that the party requesting an exception must establish that the exception is appropriate.

• Updates the address to which requests for exceptions must be sent, requires acknowledgment of requests within seven days, provides for notice to other affected parties and for requests for additional information, and allows for extensions of time for decisions with the requester’s agreement and for the pending of requests filed in contested case proceedings until after a final decision is issued.

This amendment does not provide for waiver of the rules governing waivers in specified situations because all waivers should be subject to the same procedural and substantive rules.

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

This amendment is intended to implement Executive Order Number 11, Iowa Code section 217.6 and 2000 Iowa Acts, House File 2206.

This amendment will become effective December 1, 2000.

The following amendment is adopted.

Amend rule 441—1.8(217) as follows:

441—1.8(17A,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 1305 E. Walnut Street, 5th Floor, 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: