Pages 994 to 1021 include ARC 0351B to ARC 0369B

Administrative rules review committee 986

Notice, Remediation of agrichemical sites,
ch 51 ARC 0361B 994

Filed Emergency, Remediation of
agrichemical sites, ch 51 ARC 0362B 1010

Schedule for rule making 984

Publication procedures 985

Administrative rules on CD–ROM 985

Agency identification numbers 992

Filed, Crime victim compensation program,
9.25 to 9.36 ARC 0366B 1013

CITATION OF ADMINISTRATIVE RULES 983

Notice, Iowa emergency response commission,
101.2, 101.7, 101.9 ARC 0359B 994

Filed Emergency, Iowa emergency response
commission, 101.2, 101.7, 101.9
ARC 0360B 1010

Notice, Financial assurance requirements for
municipal solid waste landfills, ch 111
ARC 0365B 994

Notice, Excellence in food safety awards,
30.2, 30.15 ARC 0369B 1000

Notice, Standards of practice—chelation
therapy, 13.4 ARC 0356B 1001

Filed, Administrative and regulatory authority;
agency procedures, amendments to chs 1, 2,
10, 14, 17 ARC 0357B 1013

Filed, Waivers and variances, ch 3, 11.9(3),
11.36, 12.4, 13.12, 14.4(6), 14.5(10), 14.11,
14.30 ARC 0358B 1014

Filed, Resident physician license period; fee for
verification of licensure status, 11.6, 11.31(4)
ARC 0353B 1014

Notice, Nonresident deer hunting, 94.8, 94.10,
94.11 ARC 0364B 1002

Filed Emergency, Lands and waters
conservation fund program—applications
for cost–sharing grants, 27.5(5) ARC 0363B 1011

Notice, Waivers and variances from rules,
ch 5 ARC 0351B 1003

Filed, Chiropractic physicians, 40.1, 40.8 to 40.24,
40.36 to 40.41, 40.51, 40.52, 40.62 to 40.67,
40.69 to 40.73, chs 43, 44 ARC 0367B 1015

Filed, Respiratory care practictioners, 260.1,
260.9 to 260.17, 260.28, 260.29, ch 261
ARC 0368B 1021

Filed, Iowa child death review team, 90.1
ARC 0352B 1021

Summarized list 988

Notice, Identification cards—elimination of
social security number, 2.11 ARC 0354B 1005

Filed Emergency, Identification cards—
elimination of social security number, 2.11
ARC 0355B 1012

Notice of electric and natural gas delivery tax
rates and municipal electric and natural gas
transfer replacement tax rates for each
competitive service area 1005

Notice—Public funds interest rates 1009

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 August 2000)
Iowa Administrative Bulletins (January 2000 through August 2000)
Iowa Court Rules (updated through August 2000)

For free brochures and order forms contact:

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

The Administrative Rules Review Committee will hold a special meeting on Wednesday, January 3, 2001, at 9 a.m. in the
Ronald Reagan Committee Room (G19), State Capitol, Des Moines, Iowa. The following rules will be reviewed:

To All Agencies:

The Administrative Rules Review Committee voted to request that Agencies comply with Iowa Code section 17A.4(1)“b” by allowing the opportunity for oral presentation (hearing) to be held at least twenty days after publication of Notice in the Iowa Administrative Bulletin.

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 section 159.5(11), the Department of Agriculture and Land Stewardship hereby gives Notice of Intended Action to adopt Chapter 51, “Remediation of Agrichemical Sites,” Iowa Administrative Code.

The proposed new chapter is intended to implement 2000 Iowa Acts, chapter 1184, section 3, which establishes an Agrichemical Remediation Board. The proposed rules establish the operating procedures of the Agrichemical Remediation Board.

The Department will not grant a waiver of these rules because they set forth the Agrichemical Remediation Board’s basic rules of procedure.

Interested persons may make written comments or suggestions on the proposed chapter on or before January 16, 2001. Written materials should be addressed to Daryl D. Frey, Director, Laboratory Division, Department of Agriculture and Land Stewardship, Henry A. Wallace Building,502 East Ninth Street, Des Moines, Iowa 50319, or faxedto (515)242–6497. E–mail may be sent to Daryl.Frey@ idals.state.ia.us.

Also, there will be a public hearing on January 16, 2001, at 9 a.m. in the First Floor Conference Room, Department of Agriculture and Land Stewardship, Wallace State Office Building, Des Moines, Iowa, at which time persons may present their views.

These rules are intended to implement 2000 Iowa Acts, chapter 1183, section 3.

These rules are also being simultaneously Adopted and Filed Emergency and are published herein as ARC 0362B. The content of that submission is incorporated by reference.

Pursuant to the authority of Iowa Code section 30.5, the Emergency Management Division hereby gives Notice of Intended Action to amend Chapter 101, “Operations of Commission,” Iowa Administrative Code.

These amendments implement the provisions of Iowa Code section 30.2 as amended by 2000 Iowa Acts, chapter 1020, section 7, and chapter 1232, section 45, by changing the total number of members on the Iowa Emergency Response Commission; delineating voting and nonvoting members; establishing a quorum requirement; and setting forth a time frame for the election of officers.

Any interested person may make written suggestions or comments on these proposed amendments prior to January 17, 2001. Such written materials should be sent to the Administrator, Emergency Management Division, Hoover State Office Building, Des Moines, Iowa 50319, or faxed to (515)281–7539.

There will be a public hearing on these proposed amendments on January 17, 2001, at 10 a.m. in the Emergency Management Division Conference Room, Hoover State Office Building, Des Moines, Iowa, at which time persons may present their views 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 these amendments.

These amendments were also Adopted and Filed Emergency and are published herein as ARC 0360B. The content of that submission is incorporated by reference.

These amendments are intended to implement Iowa Code section 30.2 as amended by 2000 Iowa Acts, chapter 1020, section 7, and chapter 1232, section 45.

Pursuant to the authority of Iowa Code section 455B.304(8), the Commission hereby gives Notice of Intended Action to rescind Chapter 111, “Financial Assurance Requirements for Municipal Solid Waste Landfills,” Iowa Administrative Code, and adopt a new Chapter 111 with the same title.

Proposed Chapter 111 is a reorganization and amendment of the former chapter. The new chapter requires municipal solid waste landfills to set aside funds for closure and postclosure as a primary means of financial assurance and also to implement a secondary financial assurance mechanism while the funds are being accumulated. The proposed amendment also adopts procedures for review of financial assurance instruments by the Department. The chapter is reorganized to effectuate these changes. The proposed amendment is intended to satisfy the concerns raised in the Petition for Rule Making filed by the City of Henderson on May 31, 2000.

Any interested person may make written suggestions or comments on the proposed rules on or before January 19, 2001. Written comments should be directed to Jon Tack, Department of Natural Resources, Wallace State Office Building, 900 East Grand Avenue, Des Moines, Iowa 50319–0034; fax (515)281–8895; E–mail jtack1@dnr.state.ia.us.

A public hearing will be held on Friday, January 19, 2001, from 1:30 to 4:30 p.m. via ICN. The hearing will originate from the Veterans Administration Room of the Federal Building, 210 Walnut Street, Des Moines, Iowa, at which time persons may present their views either orally or in writing. Sites to participate in the public hearing via ICN are:

North Iowa Area Community College

500 College Drive

Mason City, Iowa

Carnegie–Stout Public Library

360 West 11th Street

Dubuque, Iowa

Iowa Lakes Community College

1950 Grand Avenue

Spencer, Iowa

Fort Dodge High School

819 North 25th Street

Fort Dodge, Iowa

Iowa City Public Library

123 South Linn Street

Iowa City, Iowa

Atlantic Public Library

507 Poplar

Atlantic, Iowa

Indian Hills Community College

651 Indian Hills Drive

Ottumwa, Iowa

At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the rules.

This amendment is intended to implement Iowa Code section 455B.304(8).

The following amendment is proposed.

Rescind 567—Chapter 111 and adopt in lieu thereof the following new chapter:

CHAPTER 111
FINANCIAL ASSURANCE REQUIREMENTS FOR MUNICIPAL SOLID WASTE LANDFILLS

567—111.1(455B) Purpose. The purpose of this chapter is to implement Iowa Code sections 455B.304(8) and 455B.306(8) by providing the criteria for establishing financial assurance for closure, postclosure care and corrective action at municipal solid waste landfills.

567—111.2(455B) Applicability. The requirements of this chapter apply to all owners and operators of municipal solid waste landfills (MSWLF) except owners or operators who are state or federal government entities whose debts and liabilities are the debts and liabilities of a state or the United States.

111.3(1) The owner or operator must have a detailed written estimate, in current dollars, certified by an Iowa–licensed professional engineer, of the cost of hiring a third party to close the MSWLF in accordance with the closure plan as required by 567—subrule 103.2(13) and subrule 102.12(10). Such estimate must be available at any time during the active life of the landfill. The owner or operator must submit to the department by December 31 of each year the estimate and financial assurance documentation.

a. The cost estimate must equal the cost of closing the MSWLF at any time during the active life of the facility when the extent and manner of its operation would make closure the most expensive.

b. During the active life of the MSWLF, the owner or operator must annually adjust the closure cost estimate for inflation.

c. The owner or operator must increase the closure cost estimate and the amount of financial assurance provided if changes to the closure plan or MSWLF conditions increase the maximum cost of closure at any time during the remaining active life of the facility.

d. The owner or operator may reduce the amount of financial assurance for closure if the most recent estimate of the maximum cost of closure at any time during the active life of the facility is less than the amount of financial assurance currently provided. The owner or operator must submit to the department the justification for the reduction of the closure cost estimate and the updated documentation required by subrule 111.3(3).

111.3(2) The owner or operator of an MSWLF must establish financial assurance for closure in accordance with the criteria in this chapter. The owner or operator must provide continuous coverage for closure until released from thisrequirement by demonstrating compliance with 567—subrules 103.2(13) and 102.12(10). Certification of compliance must be signed by the owner or operator and an Iowa–licensed professional engineer and approved by the department.

111.3(3) The owner or operator of a sanitary landfill must verify that adequate financial assurance is in place in regard to closure. In order to comply with this rule, the owner or operator must comply with the following procedures:

a. The owner or operator must submit a complete copy of the financial assurance instrument or the documents that establish the financial assurance instrument each year by December 31. The documents submitted shall contain, but are not limited to, the amount of the financial assurance, the current balance on hand, and any projections of the balance expected at closure.

b. The owner or operator must submit a complete updated copy of the estimate, certified by an Iowa–licensed professional engineer, that forms the basis for the amount of financial assurance held by the owner or operator each year by December 31.

c. The financial assurance instrument must be in an amount equal to or greater than the third–party estimate.

d. The third–party estimate submitted to the department must account for at least those factors determined by the department to be the minimal necessary costs for closure. The department shall publish a list of these factors and update this list as necessary.

e. The cost estimates contained in the third–party estimate of closure costs must be accurate and reasonable when compared to the cost estimates used by other similarly situated landfills in Iowa.

111.4(1) The owner or operator must have a detailed written estimate, in current dollars, certified by an Iowa–licensed professional engineer, of the cost of hiring a third party to conduct postclosure care for the MSWLF in compliance with the plan developed pursuant to 567—subrules 103.2(14) and 102.12(10). The cost estimate must account for the total cost of conducting postclosure care, as described in the plan, for the entire postclosure care period.

a. The cost estimate for postclosure care must be based on the most expensive costs of that care during the entire postclosure care period.

b. During the active life of the MSWLF and during the postclosure care period, the owner or operator must annually adjust the postclosure cost estimate for inflation.

c. The owner or operator must increase the estimate and the amount of financial assurance provided if changes in the postclosure plan or MSWLF conditions increase the maximum cost of postclosure care.

d. The owner or operator may reduce the estimate and the amount of financial assurance if the cost estimate exceeds the maximum cost of postclosure care remaining in the postclosure care period. The owner or operator must submit to the department the justification for the reduction of the cost estimate and the updated documentation required by subrule 111.4(3).

111.4(2) The owner or operator of an MSWLF must establish financial assurance for the costs of postclosure care required by 567—subrules 103.2(14) and 102.12(10). The owner or operator must provide continuous coverage for postclosure care until released from this requirement by demonstrating compliance with the postclosure plan and the closure permit. Certification of compliance must be signed by the owner or operator and an Iowa–licensed professional engineer and approved by the department.

111.4(3) The owner or operator of a sanitary landfill must verify that adequate financial assurance is in place in regard to postclosure. In order to comply with this rule, the owner or operator must comply with the following procedures:

a. The owner or operator must submit a complete copy of the financial assurance instrument or the documents that establish the financial assurance instrument each year by December 31. The documents submitted shall contain, but are not limited to, the amount of the financial assurance, the current balance on hand, and any projections of the balance expected at closure.

b. The owner or operator must submit a complete updated copy of the third–party estimate that forms the basis for the amount of financial assurance held by the owner or operator.

c. The financial assurance instrument must be in an amount equal to or greater than the third–party estimate.

d. The third–party estimate submitted to the department must account for at least those factors determined by the department to be the minimal necessary costs for postclosure. The department shall publish a list of these factors and update this list as necessary.

e. The cost estimates contained in the third–party estimate of postclosure care costs must be accurate and reasonable when compared to the cost estimates used by other similarly situated landfills in Iowa.

111.5(1) An owner or operator required to undertake corrective action pursuant to 567—subrules 103.2(4) through 103.2(9), inclusive, must have a detailed written estimate prepared by an Iowa–licensed professional engineer, in current dollars, of the cost of hiring a third party to perform the required corrective action. The estimate must account for the total costs of the activities described in the approved corrective action plan for the entire corrective action period. The owner or operator must submit to the department the estimate and financial assurance documentation within 30 days of departmental approval of the corrective action plan.

a. The owner or operator must annually adjust the estimate for inflation until the corrective action program is completed.

b. The owner or operator must increase the cost estimate and the amount of financial assurance provided if changes in the corrective action program or MSWLF conditions increase the maximum cost of corrective action.

c. The owner or operator may reduce the amount of the cost estimate and the amount of financial assurance provided if the estimate exceeds the maximum remaining costs of the remaining corrective action. The owner or operator must submit to the department the justification for the reduction of the cost estimate and documentation of financial assurance.

111.5(2) The owner or operator of an MSWLF required to undertake a corrective action program must establish financial assurance for the most recent corrective action program by one of the mechanisms prescribed in 567—111.6(455B) and, if necessary, one of the mechanisms prescribed in 567— 111.7(455B). The owner or operator must provide continuous coverage for corrective action until released from financial assurance requirements by demonstrating compliance with the following:

a. Upon completion of the remedy, the owner or operator must submit to the department a certification of compliance with the approved corrective action plan. The certification must be signed by the owner or operator and by an Iowa–licensed professional engineer.

b. Upon departmental approval of completion of the corrective action remedy the owner or operator shall be released from the requirements for financial assurance for corrective action.

567—111.6(455B) Primary financial assurance mechanisms. The mechanisms used to demonstrate financial assurance must ensure that the funds necessary to meet the costs of closure, postclosure care, and corrective action for known releases will be available whenever the funds are needed. Owners or operators must choose from one of the two options provided by this rule for their primary financial assurance mechanism. The primary financial assurance mechanisms must satisfy the requirements of Iowa Code section 455B.306(8)“b.”

111.6(1) Trust fund.

a. An owner or operator may demonstrate financial assurance for closure, postclosure care and corrective action, whichever is applicable, by establishing a trust fund which conforms to the requirements of this subrule. The trustee must be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency. A copy of the trust agreement must be submitted pursuant to subrules 111.3(3) and 111.4(3) and placed in the facility’s official files.

b. Payments into the trust fund must be made annually by the owner or operator for ten years or over the remaining life of the MSWLF, whichever is shorter, in the case of a trust fund for closure or postclosure care, or over one–half of the estimated length of an approved corrective action program in the case of a response to a known release. This is referred to as the “pay–in period.”

c. For a trust fund used to demonstrate financial assurance for closure or postclosure care, the first payment into the fund must be at least equal to the current cost estimate divided by the number of years in the pay–in period as defined in 111.6(1)“b.” The amount of subsequent payments must be determined by the following formula:

where CE is the current updated cost estimate for closure or postclosure care, CV is the current value of the trust fund, and Y is the number of years remaining in the pay–in period.

d. For a trust fund used to demonstrate financial assurance for corrective action, the first payment into the trust fund must be at least one–half of the current cost estimate divided by the number of years in the corrective action pay–in period as defined in 111.6(1)“b.” The amount of subsequent payments must be determined by the following formula:

where RB is the most recent estimate of the required trust fund balance, which is the total cost that will be incurred during the second half of the corrective action period, CV is the current value of the trust fund, and Y is the number of years remaining in the pay–in period.

e. The initial payment into the trust fund must be made before the initial receipt of waste in the case of closure and postclosure care or no later than 120 days after the corrective action plan has been approved by the department.

f. If the owner or operator establishes a trust fund after having used one or more alternate mechanisms, the initial payment into that trust fund must be at least the amount that the fund would contain if the trust fund were established initially and annual payments made as required by this subrule.

g. The owner or operator, or other person authorized to conduct closure, postclosure care, or corrective action activities may request reimbursement from the trustee for closure, postclosure, or corrective action expenditures, including partial closure, as they are incurred. Requests for reimbursement will be granted by the trustee only if sufficient funds are remaining to cover the remaining costs of closure, postclosure care, or corrective action and if justification and documentation of the costs are placed in the facility’s official files. The owner or operator must submit to the department documentation of the justification for reimbursement and verification that the reimbursement has been received.

111.6(2) Local government dedicated fund. The owner or operator of a publicly owned MSWLF or local government serving as a guarantor may demonstrate financial assurance for closure, postclosure or corrective action, whichever is applicable, by establishing a dedicated fund or account that conforms to the requirements of this subrule. A dedicated fund will be considered eligible if it complies with “a” or “b” below, and all other provisions of this subrule, and documentation of this compliance has been submitted to the department.

a. The fund is dedicated by state constitutional provision or local government statute, charter, ordinance, or order to pay for closure, postclosure or corrective action costs, whichever is applicable, arising from the operation of the MSWLF and is funded for the full amount of coverage or funded for part of the required amount of coverage and used in combination with other mechanism(s) that provide the remaining coverage; or

b. The fund is dedicated by state constitutional provision or local government statute, charter, ordinance, or order as a reserve fund and is funded for no less than the full amount of coverage or funded for part of the required amount of coverage and used in combination with other mechanism(s) that provide the remaining coverage.

c. Payments into the dedicated fund must be made annually by the owner or operator for ten years or over the remaining life of the MSWLF, whichever is shorter, in the case of a dedicated fund for closure or postclosure care, or over one–half of the estimated length of an approved corrective action program in the case of a response to a known release. This is referred to as the “pay–in period.” The initial payment into the dedicated fund must be made before the initial receipt of waste in the case of closure and postclosure care or no later than 120 days after the corrective action plan has been approved by the department.

d. For a dedicated fund used to demonstrate financial assurance for closure and postclosure care, the first payment into the fund must be at least equal to the current cost estimate, divided by the number of years in the pay–in period as defined in this subrule. The amount of subsequent payments must be determined by the following formula:

where TF is the total required financial assurance for the owner or operator, CF is the current amount in the fund, and Y is the number of years remaining in the pay–in period.

e. For a dedicated fund used to demonstrate financial assurance for corrective action, the first payment into the dedicated fund must be at least one–half of the current cost estimate, divided by the number of years in the corrective action pay–in period as defined in this subrule. The amount of subsequent payments must be determined by the following formula:

where RB is the most recent estimate of the required dedicated fund balance, which is the total cost that will be incurred during the second half of the corrective action period, CF is the current amount in the dedicated fund, and Y is the number of years remaining in the pay–in period.

567—111.7(455B) Secondary financial assurance mechanisms. Until the primary financial assurance mechanism has become fully funded, the owner or operator must supplement the primary financial assurance mechanism with a secondary financial assurance mechanism in an amount equal to the difference between the cost of closure, postclosure, or corrective action and the current balance of the primary financial assurance mechanism.

111.7(1) Surety bond.

a. An owner or operator may demonstrate financial assurance for closure or postclosure care by obtaining a payment or performance surety bond which conforms to the requirements of this subrule. An owner or operator may demonstrate financial assurance for corrective action by obtaining a performance bond which conforms to the requirements of this subrule. The bond must be effective before the initial receipt of waste in the case of closure and postclosure care or no later than 120 days after the corrective action plan has been approved by the department. The owner or operator must submit a copy of the bond to the department. The surety company issuing the bond must, at a minimum, be among those listed as acceptable sureties on federal bonds in Circular 570 of the U.S. Department of the Treasury.

b. The penal sum of the bond must be in an amount at least equal to the current closure, postclosure or corrective action cost estimate, whichever is applicable.

c. Under the terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond and also upon notice from the department pursuant to paragraph “f” of this subrule.

d. The owners or operators must establish a standby trust fund. The standby trust fund must meet the requirements of subrule 111.6(1) except the requirements for initial payment and subsequent annual payments specified in paragraphs 111.6(1)“b” through “f.”

e. Payment made under the terms of the bond will be deposited by the surety directly into the standby trust fund. Payments from the trust fund must be approved by the trustee and the department.

f. Under the terms of the bond, the surety may only cancel the bond by sending notice of intent to cancel by certified mail to the owner and operator and to the department 120 days in advance of the cancellation. When such notice is provided, the owner or operator shall, within 60 days, provide to the department adequate proof of alternate financial assurance, notice from the surety of withdrawal of the cancellation, or proof of a deposit into the standby trust of a sum equal to the amount of the bond. If the owner or operator has not complied with this rule within the 60–day time period, this shall constitute a failure to perform and the department shall notify the surety, prior to the expiration of the 120–day notice period, that such a failure has occurred.

g. The bond must be conditioned upon faithful performance by the owner or operator of all the closure, postclosure, or corrective action requirements of the Code of Iowa and the rules adopted by the department. A failure to comply with 111.7(1)“f” shall also constitute a failure to perform under the terms of the bond.

h. Liability under the bond shall be for the duration of the operation, closure, and postclosure period.

111.7(2) Letter of credit.

a. An owner or operator may demonstrate financial assurance for closure, postclosure care, or corrective action, whichever is applicable, by obtaining an irrevocable standby letter of credit which conforms to the requirements of this subrule. The letter of credit must be effective before the initial receipt of waste in the case of closure and postclosure care or no later than 120 days after the corrective action plan is approved by the department. The owner or operator must submit to the department a copy of the letter of credit. The issuing institution must be an entity which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a federal or state agency.

b. A letter from the owner or operator referring to the letter of credit by number, issuing institution, and date, and providing the name and address of the facility, and the amount of funds assured, must be included with the letter of credit in the facility’s official files.

c. The letter of credit must be irrevocable and issued for a period of at least one year in an amount at least equal to the current cost estimate for closure, postclosure or corrective action, whichever is applicable. The letter of credit must provide that the expiration date will be automatically extended for a period of at least one year unless the issuing institution has canceled the letter of credit by certified mail to the owner or operator and the department 120 days in advance of cancellation. If the letter of credit is canceled by the issuing institution, the owner or operator must obtain alternate financial assurance.

111.7(3) Insurance.

a. An owner or operator may demonstrate financial assurance for closure and postclosure care by obtaining insurance which conforms to the requirements of this subrule. The insurance must be effective before the initial receipt of wastes. At a minimum, the insurer must be authorized to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in Iowa. The owner or operator must submit to the department a copy of the insurance policy.

b. The closure or postclosure care insurance policy must guarantee that funds will be available to close the MSWLF whenever final closure occurs or to provide postclosure care when the postclosure period begins. The policy must also guarantee that once closure or postclosure care begins, the insurer will be responsible for the paying out of funds to the owner or operator or other person authorized to conduct the closure or postclosure care, up to an amount equal to the face amount of the policy.

c. The insurance policy must be issued for a face amount at least equal to the current cost estimate for closure or postclosure care, whichever is applicable. The term “face amount” means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer will not change the face amount, although the insurer’s future liability will be lowered by the amount of the payments.

d. An owner or operator, or any other person authorized to conduct closure or postclosure care, may receive reimbursements for those expenditures. Requests for reimbursement will be granted by the insurer only if the remaining value of the policy is sufficient to cover the remaining costs of closure or postclosure care, and if justification and documentation of the cost are placed in the facility’s official files. The owner or operator must notify the department that the documentation of the justification for reimbursement has been placed in the facility’s official files and that reimbursement has been received.

e. Each policy must contain a provision allowing assignment of the policy to a successor owner or operator. Such assignment may be conditional upon consent of the insurer, provided that such consent is not unreasonably refused.

f. The insurance policy must provide that the insurer may not cancel, terminate or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy must, at a minimum, provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may cancel the policy by sending notice of cancellation by certified mail to the owner and operator and to the department 120 days in advance of cancellation. When such notice is provided, the owner or operator shall, within 60 days, provide to the department adequate proof of alternate secondary financial assurance, notice from the surety of withdrawal of the cancellation, or proof of a deposit into the primary financial assurance account of a sum equal to the amount of the insurance coverage.

g. For insurance policies providing coverage for postclosure care, commencing on the date that liability to make payment pursuant to the policy accrues, the insurer will thereafter annually increase the face amount of the policy. Such increase must be equivalent to the face amount of the policy, less any payments made, multiplied by an amount equivalent to 85 percent of the most recent investment rate or of the equivalent coupon–issue yield announced by the U.S. Treasury for 26–week treasury securities.

111.7(4) Self–insurance.

a. An owner or operator may demonstrate financial assurance for closure, postclosure care or corrective action, whichever is applicable, by demonstrating the ability to pass the financial test as specified in this subrule. Documentation of this demonstration shall be submitted to the department before the initial receipt of waste in the case of closure and postclosure care or no later than 120 days after the corrective action plan has been approved by the department.

b. An owner or operator may demonstrate financial assurance by submitting the following to the department:

(1) Unsubordinated debentures with market value equal to or exceeding the sum of the current closure, postclosure or corrective action estimates, whichever is applicable.

(2) A letter signed by the chief financial officer certifying that the owner or operator passes all of the following tests:

4. Net working capital and tangible net worth at least six times the current cost estimates for the facility;

5. Tangible net worth of at least $10 million; and

6. Assets in the United States equal to at least 90 percent of the owner’s or operator’s total assets or at least six times the current cost estimates for all owner–operated facilities.

(3) As an alternative to subparagraph 111.7(4)“b”(2) the owner or operator may substitute a current rating for its most recent bond issue which must be of AAA, AA, A or BBB as issued by Standard & Poor’s or Aaa, Aa, A or Baa as issued by Moody’s and the owner or operator shall obtain a special report from an independent certified public accountant certifying the validity of:

1. The latest financial statement;

2. The data used to pass the financial test; and

3. The valuation of the bonds submitted as collateral.

(4) A copy of the owner’s or operator’s financial statements for the latest completed fiscal year with an independent certified public accountant’s report on examination of the financial statements.

c. An owner or operator may demonstrate financial assurance by obtaining a written corporate guarantee from a parent corporation provided the following conditions are met:

(1) The parent corporation must be the entity that issues the bonds that serve as the basis for the self–insurance.

(2) The guarantor must meet the requirements for facility owners or operators in this subrule.

(3) The terms of the corporate guarantee must ensure that:

1. The guarantor will perform closure, postclosure or corrective action in accordance with the appropriate plan or permit if the owner or operator fails to do so when required, or the guarantor may establish a trust for that purpose in the name of the owner or operator.

2. The guarantee remains in effect for at least 120 days after notifying the owner or operator of the intent to cancel the guarantee. The guarantor is responsible for obtaining a receipt from the owner or operator verifying the delivery of the notice to cancel.

3. If, subsequent to receiving the notice to cancel, the owner or operator fails to provide alternate financial assurance as specified in this rule, the guarantor shall provide alternate financial assurance in the name of the owner or operator.

4. The bonds used to demonstrate financial assurance are readily salable in secondary bond markets and their market value equals or exceeds the current cost estimates for closure, postclosure or corrective action, whichever is applicable.

d. If the sum of the current cost estimates for closure, postclosure care, or corrective action, whichever is applicable, changes, the owner or operator shall compare the new estimate with the most recent annual valuation of the bonds held pursuant to this subrule. If the total market value of the bonds is less than the amounts of the new estimates, the owner or operator shall, within 60 days after the change in the cost estimates, send notice to the director that other bonds are maintained to make up the deficiency or the owner or operator shall establish other financial assurance mechanisms as specified in this rule. If other bonds are relied upon, the notice to the director must be accompanied by an independent certified public accountant’s report that the new issues have a market value that equals or exceeds the amount of the deficiency.

e. If during the operating life of the facility, the market value of the bonds held pursuant to this rule exceeds the sum of the current cost estimates by an amount greater than the market value of any single bond, the owner or operator may decrease the amount of the bonds maintained by the excess amount.

f. The use of self–insurance is not allowed if:

(1) The accountant’s report required by this subrule includes an adverse opinion or a disclaimer of opinion;

(2) The report includes qualifications that relate to the numbers that are used in the financial test; or

(3) In light of the qualifications, the owner or operator has failed to demonstrate that the owner or operator meets the financial test.

111.7(5) Bond rating test.

a. An owner or operator may demonstrate financial assurance for closure, postclosure or corrective action, whichever is applicable, by having a currently outstanding issue or issues of general obligation bonds of $1 million or more, excluding refunded obligations, with an unenhanced Moody’s rating of Aaa, Aa, A, or Baa, or an unenhanced Standard & Poor’s rating of AAA, AA, A, or BBB. The demonstration must be placed in the facility’s official files before the initial receipt of waste in the case of closure and postclosure care or no later than 120 days after the corrective action plan has been approved by the department.

b. The owner or operator must submit to the department:

(1) A copy of a dated bond rating certification signed by a representative from the bond rating agency.

(2) A copy of a letter signed by the chief financial officer of the owner or operator or guarantor certifying compliance with the bond rating test.

111.7(6) Local government guarantee. The owner or operator of an MSWLF may demonstrate financial assurance for closure, postclosure or corrective action, whichever is applicable, by submitting to the department a written guarantee certifying compliance with the following:

a. The guarantor is a local government having a substantial governmental relationship with the owner and operator pursuant to and in furtherance of the objectives of an agreement between said parties entered into under Iowa Code chapter 28E.

b. The guarantee is issued as an act incident to that relationship.

c. A local government acting as the guarantor must:

(1) Demonstrate that it meets the bond rating test requirement of this rule and deliver a copy of the chief financial officer’s letter described in subrule 111.7(5) to the owner or operator of the MSWLF; or

(2) Demonstrate that it meets the local government dedicated fund test of this rule.

d. The terms of the guarantee must provide:

(1) If the owner or operator of a facility covered by the guarantee fails to perform closure or postclosure care or corrective action in accordance with the appropriate plan or permit whenever required to do so, the guarantor shall do so or establish a standby trust fund in the name of the owner or operator.

(2) The guarantee remains in force unless the guarantor sends notice of cancellation by certified mail to the owner or operator and the director. Cancellation may not occur, however, during 120 days beginning on the date of receipt of the notice of cancellation by the director, as evidenced by the return receipt.

(3) If the owner or operator fails to provide alternate financial assurance as specified in this rule, the guarantor shall provide alternate financial assurance in the name of the owner or operator.

e. The owner or operator must submit a copy of the guarantee to the department and maintain the guarantee in the facility’s official files. The guarantee must be submitted to the department before the initial receipt of waste in the case of closure and postclosure care or no later than 120 days after the corrective action plan has been approved by the department.

111.8(1) Use of multiple financial mechanisms. An owner or operator may satisfy the requirements of this rule by establishing more than one financial mechanism per facility. The mechanisms must be a combination of those mechanisms outlined in this chapter and must provide financial assurance for an amount at least equal to the current cost estimate for closure, postclosure or corrective action, whichever is applicable. The financial test and a guarantee provided by a corporate parent, sibling or grandparent may not be combined if the financial statements of the two firms are consolidated.

111.8(2) Use of one mechanism for multiple facilities. An owner or operator may satisfy the requirements of this rule for multiple MSWLFs by the use of one mechanism if the owner or operator ensures that the mechanism provides financial assurance for an amount at least equal to the current cost estimates for closure, postclosure or corrective action, whichever is applicable, for all MSWLFs covered.

111.8(3) Criteria. The language of the mechanisms listed in this rule must ensure that the instruments satisfy the following criteria:

a. The financial assurance mechanisms must ensure that the amount of funds assured is sufficient to cover the costs of closure, postclosure, or corrective action for known releases, whichever is applicable;

b. The financial assurance mechanisms must ensure that funds will be available in a timely fashion when needed;

c. The financial assurance mechanisms must be obtained by the owner or operator prior to the initial receipt of solid waste and no later than 120 days after the corrective action remedy has been approved by the department until the owner or operator is released from the financial assurance requirements; and

d. The financial assurance mechanisms must be legally valid, binding, and enforceable under Iowa law.

These rules are intended to implement Iowa Code sections 455B.304 and 455B.306.

Pursuant to the authority of Iowa Code section 10A.104(5), the Department of Inspections and Appeals hereby gives Notice of Intended Action to amend Chapter 30, “Food and Consumer Safety,” Iowa Administrative Code.

The proposed amendments establish an Excellence in Food Safety Award for food establishments licensed under Iowa Code chapter 137F. The proposed amendments include a set of nomination and evaluation criteria, eligibility requirements and award distribution. Food Safety Awards will be presented at both the local and statewide levels to food establishments from various license categories. Categories are defined by type of ownership and foods prepared and served to the public.

Any interested person may make written comments or suggestions on the proposed amendments on or before January 16, 2001. Written materials should be addressed to the Director, Department of Inspections and Appeals, Lucas State Office Building, East 12th and Grand Avenue,Des Moines, Iowa 50319–0083. Faxes may be sent to(515)242–6863; E–mail may be sent to Jennifer.Fiihr@ dia.state.ia.us.

A waiver provision has not been included in these amendments. A waiver provision is not applicable to the Excellence in Food Safety Award because an establishment’s participation is completely voluntary.

These amendments are intended to implement Iowa Code section 10A.104 and Iowa Code chapter 137F.

The following amendments are proposed.

ITEM 1. Amend 481—30.2(10A) by adopting the following new definition in alphabetical sequence:

“Hazard analysis critical control point (HACCP) plan” means the written document that delineates step–by–step procedures to evaluate and monitor the flow of food through a food establishment from receiving to service. The system enables operators to: (1) identify the foods and procedures that are most likely to cause illness; (2) establish procedures to reduce risks of foodborne illness outbreaks; and (3) monitor to ensure food safety.

ITEM 2. Amend 481—Chapter 30 by adopting the following new rule:

481—30.15(10A) Excellence in food safety awards. The department may annually recognize food establishments licensed under Iowa Code chapter 137F for excellence in food safety.

30.15(1) Food establishments licensed under Iowa Code chapter 137F shall be eligible for nomination. Food establishments open for less than six months per year, also known as seasonal operations, are ineligible for consideration.

30.15(2) The environmental specialist or a sanitarian or contractor responsible for conducting food inspections for the department may nominate a maximum of 1 percent of the licensed establishments licensed by that particular contractor or the department. Nominees may be from the following categories as specified on the establishment’s inspection report:

a. Low–Risk, Chain Establishment.

b. Low–Risk, Privately Owned Establishment.

c. Medium–Risk, Chain Establishment.

d. Medium–Risk, Privately Owned Establishment.

e. High–Risk, Chain Establishment.

f. High–Risk, Privately Owned Establishment.

Nomination forms must be completed annually by March 1 and submitted to the director of the local regulatory agency.

30.15(3) Nominations shall be evaluated independently of the local environmental specialist or sanitarians by the department of inspections and appeals or a neighboring local regulatory authority. Evaluations shall be reviewed by using the following criteria:

a. The food establishment received no more than one critical violation during the previous calendar year.

b. The food establishment demonstrates exemplary food safety and sanitation.

c. An evaluation of the complaints reported to the local regulatory authority or the department, the nature of the complaints verified and the resolution of those complaints is taken into consideration and reviewed.

d. The food establishment has not repeatedly violated specific code requirements since the last inspection.

e. The food establishment complies with all licensing requirements as required by Iowa Code chapter 137F.

f. The food establishment has operated under the same ownership for at least three years prior to nomination.

g. The food establishment has received no more than one critical violation per year beginning January 1, 2000.

30.15(4) Final evaluation criteria.

30.15(5) The contractor shall issue the excellence in food safety awards annually on or before April 30.

30.15(6) Contractors may nominate one recipient of a local award per category (specified in 30.15(2)) to the department for consideration of a statewide excellence in food safety award by June 30.

30.15(7) The department may recognize up to 18 establishments with no more than one establishment per category and per region. Regions shall include Eastern, Central and Western Iowa. The department will notify statewide award recipients by September 30.

This rule is intended to implement Iowa Code section 10A.104 and Iowa Code chapter 137F.

Pursuant to the authority of Iowa Code sections 147.76 and 272C.3, the Board of Medical Examiners hereby gives Notice of Intended Action to amend Chapter 13, “Standards of Practice and Professional Ethics,” Iowa Administrative Code.

The Board of Medical Examiners approved the amendment during a meeting held via telephone conference call on November 29, 2000.

The proposed amendment allows physicians to utilize EDTA chelation therapy for heavy metal poisoning. EDTA may also be used in treating other diseases or medical conditions in the clinical setting when a licensee experienced in clinical investigations conducts a carefully controlled clinical investigation of its effectiveness under a research protocol that has been approved by an institutional review boardof the University of Iowa or Des Moines University—Osteopathic Medical Center.

Any interested person may present written comments, data, views, and arguments on the proposed amendment not later than 4 p.m. on January 16, 2001. Such written materials should be sent to Ann E. Mowery, Executive Director, Board of Medical Examiners, 400 S.W. Eighth Street, Suite C, Des Moines, Iowa 50309–4686.

There will be a public hearing held in the Board’s conference room on January 16, 2001, at 4 p.m. at 400 S.W. Eighth Street, Suite C, Des Moines, Iowa. Interested persons may present their views either orally or in writing.

This amendment is intended to implement Iowa Code sections 147.55 and 148.6.

The following new rule is proposed.

653—13.4(147,148,150) Standards of practice—chelation therapy. Chelation therapy or disodium ethylene diamine tetra acetic acid (EDTA) may only be used for the treatment of heavy metal poisoning or in the clinical setting when a licensee experienced in clinical investigationsconducts a carefully controlled clinical investigation of itseffectiveness in treating other diseases or medical conditions under a research protocol that has been approved by an institutional review board of the University of Iowa or Des Moines University—Osteopathic Medical Center.

This rule is intended to implement Iowa Code chapters 147, 148, and 150.

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 94, “Nonresident Deer Hunting,” Iowa Administrative Code.

These rules give the regulations for hunting deer and include season dates, bag limits, possession limits, shooting hours, areas open to hunting, licensing procedures, means and methods of taking and transportation tag requirements.

Any interested person may make written suggestions or comments on the proposed amendments on or before January 17, 2001. Such written materials should be directed to the Wildlife Bureau Chief, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319–0034; fax (515)281–6794. Persons who wish to convey their views orally should contact the Bureau at (515)281–6156 or at the Bureau offices on the fourth floor of the Wallace State Office Building.

There will be a public hearing on January 17, 2001, at10 a.m. in the Fourth Floor Conference Room of the Wallace State Office Building at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

Any persons who intend to attend 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 and 481A.48.

The following amendments are proposed.

ITEM 1. Rescind rule 571—94.8(483A) and adopt the following new rule in lieu thereof:

571—94.8(483A) Application procedure. Applications for nonresident deer hunting licenses must be made through the electronic licensing system for Iowa (ELSI) telephone order system. Applications will be accepted from the first Saturday in May through the last Sunday in May. 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 zone’s 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 third Saturday after the close of the application period 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 deer hunting license. Hunters may apply as individuals or as a group of up to 15 applicants. All members of a group will be accepted or rejected together in the drawing. Members of a group that is rejected 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 that the applicant 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 removed until the applicant is again unsuccessful in a drawing. 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 2. Adopt the following new rule 571— 94.10(481A):

571—94.10(481A) Harvest reporting system. A harvest report card will be attached to each transportation tag. Each hunter that bags a deer must fill out and sign the harvest report card immediately after the transportation tag is attached to the deer. The completed harvest report card must be taken to any ELSI license agent within 48 hours after the time the deer is tagged or before the hunter leaves the state. 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 deer and remain there until the deer is processed for consumption. A deer carcass or part of a carcass shall not be taken to a locker plant for processing unless the proper verification tag is attached.

ITEM 3. Adopt the following new rule 571— 94.11(481A):

94.11(1) Licenses. A nonresident meeting the requirements of Iowa Code section 321L.1(8) may apply for a nonresident deer hunting license to participate in a special deer hunting season for severely disabled persons. Nonresidents applying for this license must have on file with the department of natural resources either a copy of a disabilities parking permit issued by a state department of transportation or an Iowa DNR form signed by a physician that verifies their disability.

94.11(2) Season dates. Any deer or antlerless deer may be taken in the hunting zone indicated on the deer license from the third Saturday in September through the first Sunday in October.

94.11(3) Shooting hours. Legal shooting hours will be from one–half hour before sunrise until one–half hour after sunset each day regardless of the type of weapon used.

94.11(4) Limits. Daily bag and possession limit is one deer. A person may shoot and tag only one deer by utilizing the license and tag issued in the person’s name.

94.11(5) License quotas. Licenses for the special hunting season for severely disabled persons shall be issued from the quotas established in 571—94.6(483A). A special quota will not be set aside for severely disabled persons.

94.11(6) Method of take and other regulations. Deer may be taken with shotgun, bow, muzzleloading rifle or pistol as defined in 571—94.7(483A). All participants must meet the hunter orange requirement in Iowa Code section 481A.122. All other regulations for taking deer with a gun or bow shall apply.

94.11(7) Application procedures. Persons meeting the requirements for this season must apply following the procedures described in 571—94.8(483A). A person who does not have a form on file to verify a disability will not be entered into the drawing and will have the license fee refunded, less a $10 administrative fee to cover the cost of handling the application as provided in 571—subrule 15.11(1). License agent writing fees, department administrative fees and telephone order charges will not be refunded.

Pursuant to the authority of Iowa Code section 546.2, the Professional Licensing and Regulation Division hereby gives Notice of Intended Action to adopt Chapter 5, “Waivers and Variances from Rules,” Iowa Administrative Code.

Proposed Chapter 5 outlines a uniform process for the granting of waivers or variances from rules adopted by all boards of the Division. This chapter is proposed in response to Governor Vilsack’s Executive Order Number 11 and 2000 Iowa Acts, chapter 1176.

Consideration will be given to all written suggestions or comments on the proposed chapter received on or before January 16, 2001. Comments should be addressed to Glenda Loving, Professional Licensing and Regulation Division, 1918 S.E. Hulsizer, Ankeny, Iowa 50021, or faxed to (515) 281–7411. E–mail may be sent to glenda.loving@ comm7.state.ia.us.

This amendment is intended to implement Iowa Code chapter 546 and 2000 Iowa Acts, chapter 1176.

The following new chapter is proposed.

CHAPTER 5
WAIVERS AND VARIANCES FROM RULES

193—5.1(17A,546) 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.”

193—5.2(17A,546) 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.

193—5.3(17A,546) Applicability of chapter. A division board may grant a waiver from a rule only 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.

193—5.4(17A,546) Criteria for waiver or variance. In response to a petition completed pursuant to rule 5.6(17A,546), 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 a 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.

193—5.5(17A,546) Filing of petition. A petition for a waiver must be submitted in writing to the board as follows:

5.5(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.

5.5(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.

5.5(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.

193—5.6(17A,546) 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 being 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 described in rule 5.4(17A,546). 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 past 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 that would be adversely affected by the grant of a petition.

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

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

193—5.7(17A,546) 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.

193—5.8(17A,546) 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.

193—5.9(17A,546) 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.

193—5.10(17A,546) 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.

5.10(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.

5.10(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.

5.10(3) Narrowly tailored. A waiver, if granted, shall provide the narrowest exception possible to the provisions of a rule.

5.10(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.

5.10(5) Conditions. The board may place any condition on a waiver that the board finds desirable to protect the public health, safety, and welfare.

5.10(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.

5.10(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.

5.10(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.

5.10(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.

193—5.11(17A,546) 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 records 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.

193—5.12(17A,546) 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.

193—5.13(17A,546) 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.

193—5.14(17A,546) 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.

193—5.15(17A,546) 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.

193—5.16(17A,546) Judicial review. Judicial review of a 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 546 and 2000 Iowa Acts, chapter 1176.

Pursuant to the authority of Iowa Code section 80A.15, the Department of Public Safety hereby proposes to amend Chapter 2, “Bail Enforcement, Private Investigation and Private Security Businesses,” Iowa Administrative Code.

A public hearing was held on November 9, 2000, pursuant to the Department’s Administrative Rules Improvement Plan, which sets out a process for reviewing all of the Department’s existing rules and was established pursuant to Executive Order Number 8. During the hearing, an objection was raised to a provision of Chapter 2 which requires the display of a person’s social security number on the person’s identification (ID) card. Chapter 2 provides, with limited exceptions, that a person who holds an ID card and is employed as a bail enforcement agent or private investigator or in private security work produce the card on demand while operating within the scope of the person’s employment. Chapter 2 also provides that a person requesting to see the ID card be afforded an opportunity to record any information from the card. The objection to the current requirement for display of the social security number was based upon concerns about privacy and the potential for identity theft.

The Department finds that the objection to requiring the display of the social security number is well–founded and, in the absence of a statutory requirement to display the social security number on an ID card, the Department has decided to remove this language now rather than at the conclusion of the rules review process.

A public hearing on this proposed amendment will be held on January 19, 2001, 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 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 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 was also Adopted and Filed Emergency and is published herein as ARC 0355B. The content of that submission is incorporated by reference.

This amendment is intended to implement Iowa Code section 80A.15.

Pursuant to the authority of Iowa Code sections 437A.4 and 437A.5, the Director of Revenue and Finance hereby gives notice of the electric delivery tax rate, the municipal electric transfer replacement tax rate, the natural gas delivery tax rate, and the municipal natural gas transfer replacement tax rate for each competitive service area in the state. These rates will be used in conjunction with the number of kilowatt hours of electricity and the number of therms of natural gas delivered to consumers in calendar year 2000 by each taxpayer to determine the tax due for each taxpayer in the 2001-2002 fiscal year.