Pages 311 to 356 include ARC 0896B to ARC 0925B

Schedule for rule making 304

Publication procedures 305

Administrative rules on CD–ROM 305

Agency identification numbers 309

CITATION OF ADMINISTRATIVE RULES 303

Notice, Iowa jobs training program—entrepreneurial
training, 7.17 to 7.33 ARC 0915B 311

Notice, Certified school to career program,
11.2, 11.3, 11.4(1) ARC 0916B 311

Notice, Brownfield, blighted and distressed
areas—additional points or consideration
for economic development–related
activities, 168.92 to 168.103 ARC 0917B 312

Notice, Denial of license or discipline of
licensee, 12.2 ARC 0910B 313

Notice, Master educator license, 14.113
ARC 0911B 313

Filed Emergency, Master educator license,
14.113 ARC 0925B 327

Filed, Special education endorsements,
15.1(2), 15.2 ARC 0912B 331

Filed, Access of allowable growth funds for
at–risk student programs, 12.2, 12.5(13)
ARC 0896B 336

Filed, Schools, programs and support services
for dropouts and dropout prevention,
rescind ch 61 ARC 0897B 337

Filed, Accreditation of area education agencies,
72.1 to 72.5, 72.7, 72.9 to 72.11 ARC 0898B 337

Filed, Standards for practitioner and administrator
preparation programs, 79.1 to 79.10, 79.12,
79.13(4), 79.14 to 79.17 ARC 0899B 341

Filed, Beginning teacher mentoring and
induction program, 83.1 to 83.8 ARC 0900B 341

Filed, Senior living coordinating unit,
16.1 to 16.5 ARC 0914B 344

Filed, Elder group homes, 26.1, 26.2, 26.3(6),
26.6(1), 26.7, 26.8(3), 26.10 to 26.17
ARC 0913B 345

Notice, Codes of conduct, 12.1 ARC 0906B 314

Filed, Waivers or variances from administrative
rules, ch 15 ARC 0901B 348

Proclamation—Disaster emergency 357

Notice, Snowmobile and all–terrain vehicle
registration revenue cost–share program,
ch 28 ARC 0919B 314

Notice, Game management areas—shooting
ranges, 51.3(1)“j” ARC 0920B 318

Notice, Sport fishing, 81.1, 81.2
ARC 0922B 318

Notice, Wild turkey spring hunting, 98.3,
98.10(1), 98.12, 98.14 ARC 0921B 319

Filed, State parks and recreation areas; state
forest camping, 61.2 to 61.6, 61.9, 61.12,
62.7, 62.8 ARC 0924B 348

Filed Emergency After Notice, Waterfowl
and coot hunting, 91.1, 91.3, 91.4(2)“j,”
91.6 ARC 0923B 327

Notice, IPERS—transition benefits advisory
committee, 21.33 ARC 0903B 320

Filed Emergency, IPERS—transition benefits
advisory committee, 21.33 ARC 0904B 328

Filed, Increase in per diem fee—fact finders,
arbitrators and teacher termination adjudicators,
1.8 ARC 0905B 354

Notice Terminated, Notification and surveillance
of reportable diseases, 1.6(5) ARC 0918B 321

Summarized list 306

Notice, Tax rates—motor fuel and undyed
special fuel, 67.1, 68.2, 68.5(1), 68.8(19)
ARC 0908B 321

Notice, Taxation—manufactured home
communities, property, and real estate transfer,
74.1, 74.5, 74.6, 75.3, 78.3, 78.4, 79.1, 80.1,
80.8(5), 80.9(2), 80.11, 80.12(2), 80.14(1),
80.16 to 80.18 ARC 0907B 322

Filed, Taxation—income from sale of obligations
issued by state or political subdivisions, 53.6,
59.6 ARC 0909B 354

Filed, Standard specifications for highway and
bridge construction; contracts set aside for
disadvantaged business enterprises, 125.1,
125.2; rescind ch 126 ARC 0902B 355

Notice 326

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.

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Single copies may be purchased for $20.50 plus $1.23 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:

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(Price includes 22 volumes of rules and index, plus a one–year subscription to the Code Supplement and the Iowa Administrative Bulletin. Additional binders may be purchased for $11.75 plus $.71 sales tax.)

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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 publication of rule–making documents, we request that you send your document(s) as an attachment(s) to an E–mail message, addressed to both of the following:

bruce.carr@legis.state.ia.us and

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2. Alternatively, you may send a 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.

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Containing: Iowa Administrative Code (updated through December 2000)
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Iowa Court Rules (updated through December 2000)

For free brochures and order forms contact:

Legislative Service Bureau
Attn: Ms. Stephanie Runde
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]

INFORMATION TECHNOLOGY DEPARTMENT[471]

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 15.104 and 15.106, the Iowa Department of Economic Development hereby gives Notice of Intended Action to amend Chapter 7, “Iowa Jobs Training Program,” Iowa Administrative Code.

The proposed amendments implement legislation that authorizes community colleges to use moneys in their respective job training fund allocations to conduct entrepreneurial development and support activities. The proposed amendments provide information about the application process and outline the criteria that will be used for scoring entrepreneurial training applications.

Public comments concerning the proposed amendments will be accepted until 4:30 p.m. on September 26, 2001. Interested persons may submit written or oral comments by contacting Rick Schloemer, Iowa Department of Economic Development, 200 East Grand Avenue, Des Moines, Iowa 50309; telephone (515)242–4775.

A public hearing to receive comments about the proposed amendments will be held on September 26, 2001, at 1:30 p.m. at the above address in the First Floor Business Finance Conference Room.

These amendments are intended to implement Iowa Code section 260F.6 as amended by 2001 Iowa Acts, House File 718, section 24.

The following amendments are proposed.

ITEM 1. Renumber rules 261—7.17(260F) to 261— 7.32(260F) as 261—7.18(260F) to 261—7.33(260F).

ITEM 2. Adopt new rule 261—7.17(260F) as follows:

261—7.17(260F) Entrepreneurial training. Community colleges may use moneys in their respective job training fund allocations to conduct entrepreneurial development and support activities for individuals who currently operate or intend to operate any entrepreneurial venture.

ITEM 3. Amend renumbered subrules 7.18(1) and 7.18(2) as follows:

7.18(1) A college and a business or , apprenticeship sponsor or entrepreneurial training provider may, but are not required to, enter into an agreement of intent.

7.18(2) A college and a business or entrepreneurial training provider which enter into an agreement of intent shall use Agreement of Intent, Form 260F–2. A college and an apprenticeship sponsor which enter into an agreement of intent, shall use Apprenticeship Agreement Intent, Form 260F–2A.

ITEM 4. Amend renumbered rule 261—7.21(260F) by adopting the following new subrule 7.21(4):

7.21(4) The criteria used for scoring a community college entrepreneurial training application and the points for each criterion are as follows:

a. The knowledge attained by the individuals who attend this training will increase their ability to successfully maintain or establish a small business enterprise in the state, 23 points.

b. The state of Iowa will realize economic benefits as a result of providing this training, 23 points.

c. The businesses that are maintained or established will increase employment opportunities for the state’s workforce, 22 points.

d. The higher the percentage of businesses or potential businesses participating in training that can be classified as information technology, advanced manufacturing or life sciences, the more points will be awarded, up to a maximum of 22 points.

e. The average wages that are or will be paid by the businesses participating in this training are or will be above the state average wage rates, 5 points.

f. The cost of this training does not exceed comparable costs for such training at a state of Iowa community college or university, 5 points.

To be funded, applications must receive a minimum score of 65 out of 100 points and meet all other applicable eligibility criteria.

Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa Department of Economic Development hereby gives Notice of Intended Action to amend Chapter 11, “Certified School to Career Program,” Iowa Administrative Code.

The proposed amendments incorporate recent legislative revisions. The amendments add consortiums as an acceptable business/employer participant, eliminate the contribution requirement to a postsecondary fund for employer consortiums currently paying a participant’s tuition as part of a stipend, expand allowable reimbursement expenses for consortium participation, and eliminate student participants’ two–year postsecondary employment obligation. The amendments also designate how claims shall be submitted and allow for proration of refunds based upon availability of funds.

Public comments concerning the proposed amendments will be accepted until 4:30 p.m. on October 2, 2001. Interested persons may submit written or oral comments by contacting Michael Brown, Community Workforce Manager, Iowa Department of Economic Development, 200 East Grand Avenue, Des Moines, Iowa 50309; telephone (515)242–4783.

A public hearing to receive comments about the proposed amendments will be held on October 2, 2001, at 9 a.m. at the above address in the IDED Main Conference Room on the second floor.

These amendments are intended to implement 2001 Iowa Acts, House File 695.

The following amendments are proposed.

ITEM 1. Amend 261—11.2(15) by amending the definition of “employer” and adopting a new definition of “employer’s expenditures” as follows:

“Employer” means the person or organization or a consortium of two or more employers that agrees to provide the paid internship; provide a mentor for the on–the–job training component of the education program; participate in curriculum development that identifies knowledge, skills and behaviors needed in the workplace; oversee the trust account and payroll expenditure fund; and employ the participant for a minimum of two years after completion of the participant’s postsecondary education.

ITEM 2. Amend subrule 11.3(8) as follows:

11.3(8) Additional amount to be held in trust for postsecondary tuition.

a. In addition to the base wage paid to the participant, the employer shall pay an additional sum to be held in trust and applied toward the participant’s postsecondary education required for completion of the certified program. The additional amount must be not less than an amount determined by the department to be sufficient to provide payment of tuition expenses toward completion of not more than two academic years of the required postsecondary education component of the certified program at an Iowa community college or an Iowa public or private college or university or through a registered apprenticeship program. The additional amount specified in this paragraph may include other related postsecondary educational expenses at the discretion of the employer. An employer that is a consortium of two or more employers shall not be subject to the requirements of this paragraph, provided the employers are currently paying a participant’s tuition as part of a stipend paid by the employer to a participant and can be identified as such.

b. to e. No change.

ITEM 3. Rescind and reserve subrules 11.3(9) and 11.3(10).

ITEM 4. Amend subrule 11.4(1) as follows:

11.4(1) Eligible Iowa payroll expenditure refund. An Iowa employer who employs a participant in a certified school to career program may claim a refund of 20 percent of the employer’s payroll expenditures for each participant in the certified program or 20 percent of the employer’s expenditures for nonpaid participant experience expenses provided for in the certified program agreement which may include instructor expenses, instructional materials, up to $150,000 of training facility costs per program, and project coordination. The refund is limited to the first 400 hours of payroll or nonpaid participant experience expenditures per participant for each calendar year the participant is in the certified program, not to exceed three years per participant. In order to receive the refund, an employer must submit a finalized certified program work site agreement claim to the department and receive approval for the program prior to the participant’s beginning work for the business by July 1 of the following calendar year. After July 1 the department will review claims for compliance and make a payment determination. Payment may be prorated based upon availability of funds.

Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa Department of Economic Development hereby gives Notice of Intended Action to amend Chapter 168, “Additional Program Requirements,” Iowa Administrative Code.

Pursuant to 2001 Iowa Acts, Senate File 81, additional points may be awarded, or additional consideration given, to applicants for assistance for economic development–related purposes if:

(1) The business or individual is located in a brownfield area or a blighted area, or

(2) The area is located in a city or county that meets the distress criteria under the enterprise zone program.

The proposed amendments incorporate the statutory revision into the Department’s rules and provide for the awarding of supplementary credit of up to 10 points.

Public comments concerning the proposed amendments will be accepted until 4:30 p.m. on October 5, 2001. Interested persons may submit written or oral comments by contacting Melanie Johnson, Agency Rules Administrator, Iowa Department of Economic Development, 200 East Grand Avenue, Des Moines, Iowa 50309; telephone (515) 242–4862.

A public hearing to receive comments about the proposed amendments will be held on October 5, 2001, at 10 a.m. at the above address in the Northwest Conference Room on the second floor.

These amendments are intended to implement Iowa Code section 15A.1 as amended by 2001 Iowa Acts, Senate File 81.

The following amendments are proposed.

ITEM 1. Reserve rules 261—168.92 to 261—168.100 in Division II, “Environmental Criteria.”

ITEM 2. Amend 261—Chapter 168 by adopting the following new Division III:

261—168.101(79GA,SF81) Purpose. The department will give additional consideration or additional points in the application of rating or evaluation criteria in providing a grant, loan, or other financial assistance for economic development–related purposes provided the person, or a business for whose benefit the financial assistance is to be provided, meets the criteria outlined in rule 261—168.102(79GA, SF81).

261—168.102(79GA,SF81) Criteria. To be eligible to receive the extra credit points, the person or business shall be located in an area that meets one of the following criteria:

1. The area is a brownfield site as defined in Iowa Code section 15.291.

2. The area is a blighted area as defined in Iowa Code section 403.17.

3. The area is located in a city or county that meets the distress criteria provided under the enterprise zone program in Iowa Code section 15E.194, subsection 1 or 2.

261—168.103(79GA,SF81) Supplementary credit. Unless prohibited by state or federal law or rule, department programs using a point system will provide supplementary credit of up to a maximum of ten points for applicants meeting the requirements of this division.

Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby gives Notice of Intended Action to amend Chapter 12, “Criteria of Professional Practices,” Iowa Administrative Code.

These amendments are intended to comply with Iowa Code section 272.2(14) which requires the Board to state in rules what the Board considers in determining whether a person should be denied a license or whether a licensee should be disciplined based upon a criminal conviction or founded report of physical or sexual abuse of a child.

A waiver provision is not included. The Board has adopt– ed a uniform waiver rule.

Any interested party or persons may present their views orally or in writing at the public hearing on Tuesday, September 25, 2001, at 11 a.m. in Room 3 South, Third Floor, Grimes State Office Building, 400 East 14th Street, Des Moines, Iowa. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments.

Persons who wish to make oral presentations at the public hearing may contact the Executive Director, Board of Educational Examiners, Grimes State Office Building, 400 East 14th Street, Des Moines, Iowa 50319–0147, or at (515) 281–5849, prior to the date of the public hearing.

Any person who intends to attend a public hearing and requires special accommodations for specific needs, such as a sign language interpreter, should contact the office of the Executive Director at (515)281–5849.

Any interested person may make written comments or suggestions on the proposed amendments before 4:30 p.m. on Wednesday, September 26, 2001. Written comments or suggestions should be addressed to Dr. Anne E. Kruse, Executive Director, Board of Educational Examiners, and sent to the above address, or faxed to (515)281–7669, or sent by E–mail to anne.kruse@ed.state.ia.us.

These amendments are intended to implement Iowa Code section 272.2(14).

The following amendments are proposed.

ITEM 1. Amend subrule 12.2(1) by adopting the following new paragraph:

e. Physical or sexual abuse of a child as evidenced by a founded abuse report against the person.

ITEM 2. Adopt the following new subrule:

12.2(2) In determining whether a person should be denied a license or whether a licensee should be disciplined based upon a criminal conviction or founded report of physical or sexual abuse of a child, the board shall consider:

a. The nature and seriousness of the founded abuse or crime in relation to the position sought;

b. The time elapsed since the founded abuse or crime was committed;

c. The degree of rehabilitation which has taken place since the incidence of founded abuse or the commission of the crime;

d. The likelihood that the person will commit the same abuse or crime again; and

e. The number of founded abuses committed or criminal convictions by the person involved.

Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby gives Notice of Intended Action to amend Chapter 14, “Issuance of Practitioner’s Licenses and Endorsements,” Iowa Administrative Code.

This amendment modifies the master educator license which became effective on August 31, 2001. The amendment reduces the term of the new license, reduces the number of years of teaching experience for the license, and eliminates one of the options due to potential conflict with other options established for the license.

There will be a public hearing on the proposed amendment at 11:30 a.m. on September 25, 2001, in Conference Room 3 South, Third Floor, Grimes State Office Building, 400 East 14th Street, Des Moines, Iowa. Persons attending the hearing and requiring special accommodations for specific needs, such as a sign language interpreter, should contact the office of the Executive Director at (515)281–5849.

Persons may present their views at the public hearing 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 amendment. Persons who wish to make oral presentations at the public hearing may contact the Executive Director, Board of Educational Examiners, Grimes State Office Building, 400 East 14th Street, Des Moines, Iowa 50319–0147, or at (515)281–5849, prior to the date of the public hearing. Fax communication may be sent to (515)281–7669.

Any interested person may make written comments or suggestions on the proposed amendment through 4:30 p.m. on September 26, 2001. Written comments and suggestions should be addressed to Dr. Anne E. Kruse, Executive Director, Board of Educational Examiners, at the above address, or sent by E–mail to anne.kruse@ed.state.ia.us.

This amendment was also Adopted and Filed Emergency and is published herein as ARC 0925B. The content of that submission is incorporated by reference.

This amendment is intended to implement Iowa Code chapter 272.

Pursuant to the authority of Iowa Code section 68B.32A, the Iowa Ethics and Campaign Disclosure Board proposes to amend Chapter 12, “Codes of Conduct,” Iowa Administrative Code.

Rule 351—12.1(68B) provides a code of conduct to be followed by Board members and staff. The rule currently prohibits a member of the Board or staff from making political contributions or attending political events except for contributions to federal candidates or attendance at federal events. The amendment permits a member of the Board or staff to make annual contributions of up to $100 per committee to the committees of candidates for Iowa public office. The amendment also permits a member of the Board or staff to attend a political event provided that the cost of the event falls within the $100 annual limit per committee. Finally, the amendment permits a member of the Board or staff to make a public endorsement of a federal candidate or federal ballot issue. The amendment is a discretionary rule and is subject to requests for waiver or variance.

Any person may submit written comments concerning this amendment on or before September 25, 2001. Written comments should be directed to Charlie Smithson, Iowa Ethics and Campaign Disclosure Board, 514 E. Locust, Suite 104, Des Moines, Iowa 50309; fax (515)281–3701. Persons who wish to comment orally should contact Charlie Smithson at (515)281–3489.

This amendment is intended to implement Iowa Code chapters 17A, 56, and 68B.

The following amendment is proposed.

Amend subrules 12.1(1), 12.1(3), 12.1(5), and 12.1(7) as follows:

12.1(1) Making monetary and in–kind contributions to the committees of candidates for Iowa public office is prohibited, including statewide, general assembly, county, municipal and school board candidates. permitted in the amount of $100 per committee on an annual basis. Contributions are permitted to be made without the $100 annual limit per committee to Iowa candidates for federal office since the board has no jurisdiction over federal candidates.

12.1(3) Making monetary or in–kind contributions to political party committees or political action committees (PACs) at the state, county or local level is prohibited, including local ballot issue committees. permitted in the amount of $100 per committee on an annual basis.

12.1(5) Public personal endorsement of a candidate or publicly taking a position in support of or opposition of to a ballot issue question is prohibited. This subrule does not prohibit a member of the board or staff from making a public personal endorsement of a federal candidate or federal ballot issue since the board has no jurisdiction over federal candidates or federal ballot issues.

12.1(7) Attendance at a political party, political committee, or candidate event is prohibited except for the attendance at events for a federal candidate since the board has no jurisdiction over a federal candidate. permitted provided that the cost of attending the event falls within the $100 annual limit per committee. Attendance at federal events is permitted without the $100 annual limit per committee since the board has no jurisdiction over federal events.

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby gives Notice of Intended Action to rescind Chapter 28, “Snowmobile and All–Terrain Vehicle Registration Revenue Cost–Share Program,” Iowa Administrative Code, and adopt a new Chapter 28 with the same title.

This amendment accomplishes the following:

1. Rescinds the current Chapter 28 and replaces it with a new version.

2. Inserts the NRC–adopted All–Terrain Vehicle Land Acquisition Policy.

3. Amends the project selection criteria.

4. Amends the list of eligible projects.

5. Further allows the Department to make direct payment to vendors on behalf of project sponsors in the event of unexpected expenses or major repairs.

6. Eliminates the maximum allowable expense for program liability insurance.

7. Increases the amount of prepayment from 75 percent to 90 percent.

8. Reorganizes the rules to separate provisions for eligible snowmobile and ATV projects.

Any interested person may make written suggestions or comments on the proposed amendment on or before September 27, 2001. 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)281–6101 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 September 27, 2001, at9 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 person who intends to attend the public hearing and has special requirements such as hearing or mobility impairments should contact the Department of Natural Resources and advise of specific needs.

This amendment is intended to implement Iowa Code section 321G.7.

The following amendment is proposed.

Rescind 571—Chapter 28 and adopt in lieu thereof the following new chapter:

CHAPTER 28
SNOWMOBILE AND ALL–TERRAIN VEHICLE REGISTRATION REVENUE COST–SHARE PROGRAM

“All–terrain vehicle (ATV)” or “off–highway vehicle (OHV)” means a motorized flotation–tire vehicle with not less than three low–pressure tires, but not more than six low–pressure tires, or a two–wheeled off–road motorcycle, that is limited in engine displacement to less than 800 cubic centimeters and in total dry weight to less than 750 pounds and that has a seat or saddle designed to be straddled by the operator and handlebars for steering control, which cannot be licensed for use upon public streets or highways.

“Commission” means the natural resource commission.

“Department” means the department of natural resources.

“Director” means the director of the department of natural resources.

“High quality natural area” means areas that include high quality native plant communities or highly restorable native plant communities or areas that provide critical wildlife habitat. An on–site evaluation by a qualified person(s) for each proposed site is necessary in making this determination.

“Local cost–share portion” means those funds available for use by incorporated organizations or other public agencies though cost sharing, grants, subgrants or contracts.

“Snowmobile” means a motorized vehicle weighing less than 1,000 pounds which uses sled–type runners or skis, endless belt–type tread, or any combination of runners, skis, or tread, and is designed for travel on snow or ice.

“Sponsor” means the incorporated organization or other public agency receiving funding through the snowmobile or ATV grant programs to acquire, develop, maintain or otherwise improve snowmobile or all–terrain vehicle areas and trails.

“State share” means those funds that may be used by the state for administration or for other miscellaneous expenses related to the respective program such as law enforcement.

571—28.2(321G) Purpose and intent. This program provides funds from snowmobile and all–terrain vehicle registrations to political subdivisions and incorporated private organizations for the acquisition of land; development and maintenance of snowmobile trails and all–terrain vehicle areas and trails; and facilities for such use on lands which may be in other than state ownership. This chapter is intended to clarify procedures used in implementing agreements under Iowa Code section 321G.7 between the department and sponsors, and the authority of the director of the department. All areas, trails and facilities established or maintained using revenues under this program shall be open to use by the general public.

571—28.3(321G) Distribution of funds. The local cost–share portion of state snowmobile and all–terrain vehicle registration funds as established in Iowa Code section 321G.7 and this rule shall be distributed in accordance with this chapter and upon execution of agreements under Iowa Code section 321G.7. The local cost–share portion of each registration fund shall be at least 50 percent of appropriate registration revenues. The remaining revenues shall be known as the state share. State share funds shall not exceed 50 percent of the total revenue generated for either program per fiscal year.

28.4(1) Forms. Applications for cost–share moneys shall be made on forms available from the department. The application must be completed and signed by the chairperson or chief executive officer of the applying sponsor. The application must be accompanied by a copy of the minutes of the sponsoring organization meeting at which the request was approved.

28.4(2) Deadlines for application submission.

a. Applications for snowmobile fund moneys must be received by the department no later than 4:30 p.m. on July 1 or the closest business day of each year.

b. Applications for all–terrain vehicle fund moneys must be received by the department no later than 4:30 p.m. on April 1 or October 1 or the closest business day of each year.

c. Applications received after the dates given in 28.4(2)“a” and “b” above will be returned to the submitting sponsor and shall not be considered for cost–share moneys during the current review and selection process, unless the application deadline has been extended by the director.

28.5(1) The committee responsible for reviewing, ranking and selecting projects to receive funding from the local cost–share portion of snowmobile registration revenues shall be comprised of two representatives appointed by the president of the Iowa State Snowmobile Association and three department representatives appointed by the director. The committee responsible for reviewing, ranking and selecting projects to receive funding from the local cost–share portion of the all–terrain vehicle registration revenues shall be comprised of two representatives appointed by the president of the Iowa Off–Highway Vehicle Association and three department representatives appointed by the director.

28.5(2) The review and selection committees shall meet at the department central office in Des Moines within 30 days following the application deadline for each program. Applications eligible for funding will be reviewed and ranked by the committee. The committee’s recommendations will be submitted to the director for approval.

571—28.6(321G) Director’s review of approved projects. The director shall review, amend, reject or approve committee selections and may reject any application recommended by the committee for funding. Appeals of the director’s decision may be made to the commission. Approved projects may be amended only with approval of the department. A project is considered approved and the grant period shall begin and end as specified in the grant approval letter from the program administrator. Applicants shall be notified of their grant status in writing within 30 days after the review and selection committee meeting.

571—28.7(321G) Project selection criteria. In reviewing, ranking and recommending projects to receive available funding, the following criteria shall be used:

28.7(1) Snowmobile program.

a. Projects with long distance trails, connector trails or trails linking several existing trails.

b. Projects proposing maintenance and management of existing trails.

c. Projects proposed near a major population center or in a high demand area.

d. Projects having documented local support.

e. Projects located in areas having sustained and adequate snow cover each year.

28.7(2) All–terrain vehicle program.

a. Projects proposing maintenance and management of existing approved all–terrain vehicle trails and use areas.

b. Development within existing approved all–terrain vehicle trails or use areas.

c. Projects having documented local support and involvement.

d. Acquisition and development projects located in areas of high demand with preference given to projects that have the most long–term, stable management plan and that have the least adverse environmental and social impacts.

571—28.8(321G) Eligibility of projects. Items listed in this chapter or others approved by the director which can reasonably be utilized in the construction or maintenance of riding areas or trails for snowmobile or ATV riding shall be eligible for funding.

571—28.9(321G) Use of funded items. Manufactured products or machinery purchased by sponsors with state assistance under these programs shall be used only for the purpose of establishing or maintaining riding areas, trails, or facilities and as emergency rescue equipment where applicable.

28.10(1) Without prior written approval of the department, sponsors shall not dispose of any manufactured products, machinery, facilities or property if the department paid all or a portion of the actual cost. Sponsors shall, in the case of equipment or facilities, reimburse the department a percentage of the disposal price received, that percentage being the percent of the original purchase price paid by the snowmobile or all–terrain vehicle fund.

28.10(2) Real property shall be disposed of as stipulated in the grant agreement under which it was acquired. Reimbursements from the sale of real property shall be credited to the appropriate snowmobile or all–terrain vehicle registration account from which the funding originated.

571—28.11(321G) Record keeping. Sponsors receiving funds under these programs shall keep adequate records relating to the administration of the grant, particularly relating to all incurred costs. These records shall be available for audit by appropriate personnel of the department, the state auditor’s office, and the Iowa State Snowmobile Association or Iowa Off–Highway Vehicle Association as appropriate.

571—28.12(321G) Sponsors bonded. Prior to receiving prepayment from these grant programs, all nonpublic sponsors must produce proof that their chairperson and treasurer are covered under a fidelity bond, personal or surety, to the sponsor in a sum of no less than the total prepayment amount for each office.

28.13(1) Land acquisition. Purchasing of easements or fee title land acquisition as approved by the review and selection committee and director. Title to property acquired using the local cost–share portion of registration revenues shall be in the name of the sponsor, unless otherwise approved by the commission. The grant may be for prepayment or reimbursement of land acquisition expenses including appraisals, surveys and abstracts in addition to the property cost. The grant may pay the sale price or appraised value, whichever is less. Appraisals are required and must be approved by the department. Payments may be made directly to the landowner by the department. The grant agreement may contain provisions in addition to those contained in this chapter for disposal of property if it ceases to be managed and used for the purpose for which it was acquired. Land acquisitions (or leases) using ATV registration revenues shall utilize the following specific criteria:

a. ATV parks shall be limited to previously disturbed areas. High quality natural areas and historical and cultural areas shall be avoided. If a proposed ATV park contains fragments of any of the aforementioned areas, they shall be managed and protected as off–limit sites.

b. In making the determination of whether high quality natural areas and historical or cultural areas exist, an expert in the said field shall complete a thorough assessment utilizing all available resources including local expertise.

c. Prior to ATV land acquisition, a public informational meeting shall be held to address the proposed ATV park. The meeting shall be posted in accordance with Iowa Code section 362.3 and meeting minutes shall be made available to the commission.

d. Neighboring property owners shall be notified of the proposed ATV park. Public comment received by the department or local political subdivision will be evaluated and presented to the commission.

e. A local project sponsor shall be willing and capable of maintaining the ATV park and shall implement and abide by an approved operational plan.

f. A local sponsoring political subdivision shall support the park and may provide local input.

g. The topography and associated soil erosion potentials shall be cost–effectively manageable as determined by the ATV review and selection committee.

h. The commission shall make the final determination whether to acquire a tract of land as an ATV park.

28.13(2) Development and maintenance of existing publicly owned property that has been recognized and designated as an ATV area by a local political subdivision and the commission.

28.13(3) Hourly wages may be reimbursed as approved by the director. Approved labor expenses may include equipment maintenance or repair and trail maintenance activities. Labor costs shall be documented on logs provided by the department and shall be accompanied by proof that the cost was paid by the sponsor. If labor and repair are contracted, reimbursement shall be at the amount specified in the contract approved by the director. The sponsor shall obtain any federal, state or local permits required for the project.

28.13(4) Actual material cost of trail maintenance tools, gravel, fence openings, gates, bridges, culverts, and fencing supplies. Diesel fuel, propane, gasoline, oil, parts replacement and repair bills for equipment used for land or property management.

28.13(5) Purchase of approved equipment to be used for maintenance of riding areas or trails. Cost of leasing equipment used to maintain or manage ATV riding areas or trails.

28.13(6) Program and facility liability insurance. Insurance shall be in place for project sponsors receiving grant funds. If insurance is purchased by the sponsor, proof of liability insurance shall be provided to the department. The state may purchase a statewide insurance policy covering all project sponsors receiving funds from the ATV grant program, in which case a copy of the policy shall be made available to covered sponsors upon request. This insurance coverage may include liability insurance for the landowner(s) or other insurable interests. ATV registration funds shall not be used to purchase insurance for special events. The total payment from the all–terrain vehicle fund shall be 100 percent of the approved actual cost. All insurance paid under this paragraph must be furnished by companies licensed to do business in Iowa.

28.13(7) Cost of educational, enforcement or medical services for ATV areas funded through the ATV program.

28.13(8) Trail signs. Signs shall be provided to the sponsor by the department. Only those signs approved by the department for use on funded areas or trails shall be used by the sponsor. Signs appropriate to the ATV program shall be ordered on forms provided by the department. The sign order deadline shall be the same as the application date specified in subrule 28.4(2).

28.13(9) Developmental expenditures. Access roads, parking lots, picnicking, camping and playground facilities; sanitary, shelter, concession and control facilities; and utilities.

28.13(10) Pursuant to an agreement between the department and the Iowa Off–Highway Vehicle Association, miscellaneous personal expenses and salary for an association representative may be reimbursed at a rate approved by the director. Expenses and salary expenses shall be documented on logs provided by the department and submitted at the end of the term specified in the agreement.

28.13(11) Direct payment to vendors. The department may establish operational procedures to facilitate direct payment to vendors for:

a. Major expenditures or specialty items including land acquisitions, development expenses, program liability insurance fees and trail signs.

b. Unexpected repairs including materials or other expenses costing more than $250 that may be necessary to operate and maintain the ATV use area or trail in a safe manner.

28.14(1) Grooming equipment.

a. The project sponsor shall have a minimum of 100 miles of groomed snowmobile trail before the department awards funding for a groomer purchase or lease.

b. The state may acquire committee–approved groomers and drags using the standard state purchasing procedure. If the purchase and lease of groomers and drags are approved by the grant review and selection committee and the department, sponsors may acquire or lease snow grooming equipment with snowmobile program funds.

c. After approval by the department and upon trade–in to the department of a used groomer by a sponsor for replacement purposes, the trade–in value shall be applied to the new groomer purchase. The sponsor is responsible for obtaining liability insurance, licensing the machine as needed and providing personnel for daily operation and maintenance.

d. Upon sale or trade–in of a used groomer with no replacement, the snowmobile fund shall refund to the sponsor the percentage of the trade–in value which matches the percent originally invested in the groomer. Groomers shall not be traded between sponsors without written prior approval from the department.

28.14(2) Groomer maintenance, repair and operation wages may be reimbursed at a rate approved by the review and selection committee and the department. If repair work is done by professional shops, payment shall be in the amount billed for the repair. Costs for towing disabled grooming equipment shall be reimbursed as billed by the company doing the work.

28.14(3) Trail signs. Signs shall be provided to the sponsor by the department. Only those signs approved by the department for use on funded areas or trails shall be used by the sponsor. Signs appropriate to the snowmobile program shall be ordered on forms provided by the department. The sign order deadline shall be the same as the application date specified in subrule 28.4(2).

28.14(4) Actual material cost of gates, fence openings, bridges, culverts and permanent bridges. Permanent bridges are eligible only if placed on public land or on private property under a lease or easement for ten or more years.

28.14(5) Program and facility liability insurance shall be in place for project sponsors receiving grant funds. If insurance is purchased by the sponsor, proof of liability insurance shall be provided to the department. The state may purchase a statewide insurance policy covering all project sponsors receiving funds from the snowmobile grant program in which case a copy of the policy shall be made available to covered sponsors upon request. This insurance coverage may include liability insurance for the landowner(s) or other insurable interests. Snowmobile registration funds shall not be used to purchase insurance for special events. The total payment from the snowmobile fund shall be 100 percent of the approved actual cost. All insurance paid under this paragraph must be furnished by companies licensed to do business in Iowa.

28.14(6) Direct payment to vendors. The department may establish operational procedures to facilitate direct payment to vendors for:

a. Major expenditures or specialty items including but not limited to land acquisitions, development expenses, program liability insurance fees and trail signs.

b. Unexpected repairs including materials or other expenses costing more than $500 that may be necessary to operate the snowmobile trails in a safe manner.

28.14(7) Pursuant to an agreement between the department and the snowmobile association, miscellaneous personal expenses for association officers when incurred in conjunction with program activities may be reimbursed.

571—28.15(321G) Competitive bids. Any equipment or development expense costing more than $500 and funded by grant funds must be purchased through a competitive bid or quotation process. Documentation of such process must be submitted before funds are released by the state. Items purchased by any other means are not reimbursable by the state.

571—28.16(321G) Prepayment for certain anticipated costs. Only those expenditures contained in signed agreements may be prepaid. Program or facility liability insurance may be prepaid up to 100 percent. Approved facility and development costs and operations and maintenance costs may be prepaid up to 90 percent.

28.17(1) Documentation of expenditures eligible for prepayment or reimbursement shall be submitted on forms provided by the department and shall be accompanied by applicable receipts showing evidence that the expense is chargeable to the program. The sponsoring organization shall sign a certification stating that all expenses for which reimbursement is requested are related to the program and have been paid by the sponsor prior to requesting reimbursement. If necessary, the department may request copies of canceled checks to verify expenditures.

28.17(2) The sponsor is responsible for maintaining auditable records of all expenditures of funds received whether by prepayment or on a reimbursement basis. This documentation shall include daily logs of groomer or other maintenance equipment, operation and repair. Work done under contract to the sponsor requires a copy of the contract and copies of canceled checks showing payment.

28.17(3) Documentation of expenditures under the snowmobile portion of the revenue–sharing program must be received by the department prior to May 1 of each year.

28.17(4) Documentation of expenditures under the all–terrain vehicle portion of the revenue–sharing program must be received within 60 days of the project end date as specified in the grant approval letter unless an extension of the original grant has been awarded by the department.

28.17(5) Approved expenditures by the sponsor in excess of the prepayment amount received, up to the maximum approved amount, will be reimbursed by the department if appropriately documented. In instances where the sponsor has expended less than the amount prepaid, the sponsor shall reimburse the balance to the department to be credited back to the annual local share or the appropriate fund.

These rules are intended to implement Iowa Code section 321G.7.

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 51, “Game Management Areas,” Iowa Administrative Code.

This proposed amendment deletes Badger Creek shooting range from the shooting range list.

Any interested person may make written suggestions or comments on the proposed amendment on or before September 25, 2001. Such written materials should be directed to the Law Enforcement Bureau, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319–0034; fax (515)281–6794. Persons who wish to convey their views orally should contact the Law Enforcement Bureau at (515)281–4515 or at the Law Enforcement Bureau offices on the fourth floor of the Wallace State Office Building.

There will be a public hearing on September 25, 2001, at9 a.m. in the Fourth 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 the public hearing and have special requirements such as those related to 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 456A.24 and 481A.6.

The following amendment is proposed.

Amend subrule 51.3(1), paragraph “j,” as follows:

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

(2) (1) Banner Mine Area—Warren County.

(3) (2) Bays Branch Area—Guthrie County.

(4) (3) Brushy Creek Area—Webster County.

(5) (4) Hawkeye Wildlife Area—Johnson County.

(6) (5) Hull Wildlife Area—Mahaska County.

(7) (6) Mines of Spain—Dubuque County.

(8) (7) Ocheyedan Wildlife Area—Clay County.

(9) (8) Princeton Wildlife Area—Scott County.

(10) (9) Spring Run Wildlife Area—Dickinson County.

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 81, “Fishing Regulations,” Iowa Administrative Code.

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

Any interested person may make written suggestions or comments on the proposed amendments on or before October 12, 2001. Such written materials should be directed to Marion Conover, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319–0034; fax (515)281–6794. Persons who wish to convey their views orally should contact the Fisheries Bureau at (515)281–5208 or at the Bureau offices on the fourth floor of the Wallace State Office Building.

Also, there will be four public hearings as follows:

• September 28, 2001, 2 p.m., Fourth Floor Conference Room, Wallace State Office Building, Des Moines;

• October 9, 2001, 7 p.m., Bellevue Community Center, 109 S. 2nd St., Bellevue;

• October 10, 2001, 7 p.m., Pioneer Ridge Nature Center, located 5 miles south of Ottumwa on Highway 63; and

• October 11, 2001, 7 p.m., Dorothy Pecaut Nature Center, Stone State Park, Sioux City.

At the public hearings, persons may present their views either orally or in writing. At the hearings, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

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

These amendments are intended to implement Iowa Code sections 481A.38, 481A.39, 481A.67 and 481A.76.

The following amendments are proposed.

ITEM 1. Amend rule 571—81.1(481A) by adding an asterisk after the “All other fish species” entry in the “Kind of Fish” column.

ITEM 2. Amend subrule 81.2(3) as follows:

81.2(3) Walleye. A 14–inch minimum length limit shall apply on walleye in Lakes West Okoboji, East Okoboji, Spirit Lake, Upper Gar, Minnewashta, and Lower Gar in Dickinson County, and Clear Lake in Cerro Gordo County. A 15–inch minimum length limit shall apply on walleye in Storm Lake, Buena Vista County, and Big Creek Lake, Polk County. No more than one walleye above 20 inches in length may be taken per day from the above lakes except in Clear Lake and Storm Lake where no more than one walleye above 22 inches in length may be taken per day. A 15–inch minimum length limit shall apply on walleye in Black Hawk Lake, Sac County. The daily bag limit for walleye in the above lakes shall be three with a possession limit of six. A 15–inch minimum length limit shall apply on walleye in the Mississippi River.

ITEM 3. Rescind subrule 81.2(4) and adopt the following new subrule in lieu thereof:

81.2(4) Paddlefish snagging is permitted in all waters of the state, except as follows:

a. There shall be no open season in the Missouri River and Big Sioux River, nor in any tributary of these streams within 200 yards immediately upstream of its confluence with the Missouri or Big Sioux Rivers.

b. Snagging for paddlefish on the Mississippi River is restricted to the area within 500 yards below the dams. The open season on the Mississippi River is the period from January 1 through April 15.

c. Snagging for paddlefish is not permitted at any time in those areas where snagging is prohibited as a method of take as listed in subrule 81.2(11).

ITEM 4. Amend subrule 81.2(5) as follows:

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

ITEM 5. Amend subrule 81.2(11) by adopting the following new numbered paragraphs:

7. Des Moines River from directly below the Ottumwa Dam to the Highway 34 bridge.

8. Missouri River and the Big Sioux River from the I–29 bridge to the confluence with the Missouri River.

ITEM 6. Amend rule 571—81.2(481A) by adopting the following new subrule:

81.2(12) All other fish species.

a. Hybrid striped bass. The daily bag and possession limit for hybrid striped bass (wipers) in Big Creek Lake, Polk County, shall be three and six respectively. The minimum size limit for hybrid striped bass shall be 18 inches.

b. Reserved.

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 during the spring and include season dates, bag limits, possession limits, shooting hours, areas open to hunting, licensing procedures, means and method of take and transportation tag requirements. The amendments change licensing procedures for residents and license types and license quotas for nonresidents.

Any interested person may make written suggestions or comments on the proposed amendments on or before September 25, 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 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 September 25, 2001, at 1 p.m. in the Fifth Floor East Conference Room, Wallace State Office Building, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

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

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

The following amendments are proposed.

ITEM 1. Rescind subrule 98.3(1) and renumber subrules 98.3(2) to 98.3(4) as 98.3(1) to 98.3(3).

ITEM 2. Amend renumbered subrule 98.3(1) as follows:

98.3(1) 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 December 15 through the last day of the hunting period for which the license is valid or until quotas (if any) are filled, whichever occurs first. No one may obtain more than one limited quota license.

ITEM 3. Amend subrule 98.10(1) as follows:

98.10(1) License. All hunters must have in possession a valid nonresident spring wild turkey hunting license, a valid nonresident small game hunting license, and show proof they have paid the current year’s habitat fee when hunting wild turkey. No one, while hunting turkey, shall carry or have in possession any license or transportation tag issued to another hunter. Licenses will be issued by zone and period and will be valid in the designated zone and period only. No one shall obtain more than one nonresident spring wild turkey hunting license. Two types of licenses will be issued:

ITEM 4. Rescind rule 571—98.12(483A) and adopt the following new rule in lieu thereof:

571—98.12(483A) License quotas. A limited number of wild turkey hunting licenses will be issued in each zone in each season as follows:

98.12(1) Combination shotgun–or–archery licenses.

a. Zone 1. Closed.

b. Zone 2. Closed.

c. Zone 3. Closed.

d. Zone 4. 350.

e. Zone 5. 100.

f. Zone 6. 220.

g. Zone 7. 46.

98.12(2) Muzzleloading shotgun–only licenses. 150 statewide. Hunters purchasing a muzzleloading shotgun license must declare a zone and hunt only in that zone.

ITEM 5. Amend rule 571—98.14(483A), introductory paragraph, as follows:

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 December 15 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 license type, 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.

Pursuant to the authority of Iowa Code section 97B.15, the Department of Personnel hereby gives Notice of Intended Action to amend Chapter 21, “Iowa Public Employees’ Retirement System,” Iowa Administrative Code.

This amendment consists of a new rule to implement the transition benefits advisory committee created in 2001 Iowa Acts, Senate File 497, sections 20 and 24. 2001 Iowa Acts, Senate File 497, modifies the governance and structure of the Iowa Public Employees’ Retirement System. Sections 20 and 24 of that Act create a transition benefits advisory committee composed of representatives selected by constituent groups concerned with the system. The transition benefits advisory committee is to consult with the system on IPERS benefits issues and adopt rules governing a permanent benefits advisory committee. The transition benefits advisory committee shall be dissolved on July 31, 2002.

This rule has been prepared after consultation with the constituent group representatives of the transition benefits advisory committee in meetings held on July 10, 2001, and August 1, 2001.

There are no waiver provisions included in the proposed rule because its provisions confer benefits, are required by statute, or both.

Any interested person may make written suggestions or comments on the proposed rule on or before September 25, 2001. Such written suggestions or comments should bedirected to the IPERS Administrative Rules Coordinator, at IPERS, P.O. Box 9117, Des Moines, Iowa 50306–9117. Persons who wish to present their comments orally may contact the IPERS Administrative Rules Coordinator at (515) 281–0089. Comments may also be submitted by fax to (515) 281–0045, or by E–mail to info@ipers.state.ia.us.

There will be a public hearing on September 25, 2001, at9 a.m. at IPERS, 7401 Register Drive, Des Moines, Iowa, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject matter of the proposed rule.

This rule is intended to implement Iowa Code chapter 97B and 2001 Iowa Acts, Senate File 497, sections 13, 20 and 24.

This rule was also Adopted and Filed Emergency and is published herein as ARC 0904B. The content of that submission is incorporated by reference.

Pursuant to the authority of Iowa Code section 139A.3, the Department of Public Health terminates the rule making initiated by its Amended Notice of Intended Action to amend proposed Chapter 1, “Notification and Surveillance of Reportable Diseases,” Iowa Administrative Code, published in the Iowa Administrative Bulletin on April 18, 2001, as ARC 0639B.

The Amended Notice of Intended Action proposed to amend the original Notice of Intended Action regarding Chapter 1, “Notification and Surveillance of Reportable Diseases.” The original noticed version stated: “Laboratories are required to report results obtained in the examination of all specimens which yield evidence of or are reactive for a reportable disease or condition.” The Amended Notice revised this to state: “Laboratories are required to report cases of reportable diseases and results obtained in the examination of all specimens which yield evidence of or are reactive for sexually transmitted diseases.” This change was required by Iowa Code chapter 139A.

The Department is terminating the rule making commenced in ARC 0639B because the changes proposedthere have been incorporated in the Adopted and Filed rule–making document filed by the Department of Public Health and published in the Iowa Administrative Bulletin on May 30, 2001, as ARC 0691B.

Pursuant to the authority of Iowa Code section 452A.59, the Department of Revenue and Finance hereby gives Notice of Intended Action to amend Chapter 67, “Administration,” and Chapter 68, “Motor Fuel and Undyed Special Fuel,” Iowa Administrative Code.

Item 1 adds definitions for “denatured ethanol” and “racing fuel” and amends the definition of “motor fuel” to include ethanol blended gasoline.

Item 2 specifies the tax rates for gasoline and ethanol blended gasoline through June 30, 2002.

Item 3 specifies the tax rates for gasoline and ethanol blended gasoline from July 1, 2002, through June 30, 2007. The rate of tax varies with the number of gallons of ethanol blended gasoline distributed in the state between January 1 and December 31 of the previous calendar year. The distribution percentage to determine the rate of tax is to be calculated annually by the Department.

Item 4 requires that the tax on alcohol be paid by a licensed supplier when the alcohol is withdrawn from a terminal rather than when it is purchased from a manufacturer within the terminal.

Item 5 amends an implementation clause.

Item 6 creates a refund for the tax paid on racing fuel.

The proposed amendments 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 the discretionary provisions of these amendments would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any.

The Department has determined that these proposed amendments may have an impact on small business. The Department has considered the factors listed in Iowa Code section 17A.4A [1998 Iowa Acts, chapter 1202, section 10]. The Department will issue a regulatory analysis as provided in Iowa Code section 17A.4A [1998 Iowa Acts, chapter 1202, section 10] if a written request is filed by delivery or by mailing postmarked no later than October 22, 2001, 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 these proposed amendments on or before October 19, 2001. 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 12, 2001.

These amendments are intended to implement Iowa Code chapter 452A as amended by 2001 Iowa Acts, House Files 716 and 736.

The following amendments are proposed.

ITEM 1. Amend rule 701—67.1(452A) as follows:

Amend the definition of “motor fuel,” numbered paragraph “1,” as follows:

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

Adopt the following new definitions in alphabetical order:

“Denatured ethanol” means ethanol that is to be blended with gasoline, has been derived from cereal grains, complies with American Society of Testing Materials designation D–4806–95b, and may be denatured only as specified in Code of Federal Regulations, Titles 20, 21, and 27. Alcohol and denatured ethanol have the same meaning.

“Racing fuel” means leaded gasoline of 110 octane or more that does not meet American Society of Testing Materials designation D–4814 for gasoline and is sold in bulk for use in nonregistered motor vehicles.

Amend the implementation clause as follows:

This rule is intended to implement Iowa Code section 452A.2 as amended by 1996 2001 Iowa Acts, House File 2140 736.

ITEM 2. Amend subrule 68.2(1) as follows:

68.2(1) The following rates of tax apply to the use of fuel in operating motor vehicles and aircraft:

Gasoline 20¢ per gallon (until July 1, 2002)

LPG 20¢ per gallon (until July 1, 2002)

Ethanol blended gasoline
19¢ per gallon (until July 1, 2002)

Aviation gasoline 8¢ per gallon

Special fuel (diesel) 22½¢ per gallon

Special fuel (aircraft) 3¢ per gallon

CNG 16¢ per 100 cu. ft.

ITEM 3. Amend rule 701—68.2(452A) as follows:

Adopt the following new subrule and renumber existing subrule 68.2(2) as 68.2(3):

68.2(2) Except as otherwise provided in this subrule, until June 30, 2007, this subrule shall apply to the excise tax imposed on each gallon of motor fuel used for any purpose for the privilege of operating motor vehicles in this state. The rate of the excise tax shall be based on the number of gallons of ethanol blended gasoline that is distributed in this state as expressed as a percentage of the number of gallons of motor fuel distributed in this state. The number of gallons of ethanol blended gasoline and motor fuel distributed in this state shall be based on the total taxable gallons of ethanol blended gasoline and motor fuel as shown on the fuel tax monthly reports issued by the department for January through December for each determination period. The department shall determine the percentage for each determination period beginning January 1 and ending December 31. The rate for the excise tax shall apply for the period beginning July 1 and ending June 30 following the end of the determination period. The rate for the excise tax shall be as follows:

Ethanol % Ethanol Tax Gasoline Tax

00/50 19.0 20.0

50+/55 19.0 20.1

55+/60 19.0 20.3

60+/65 19.0 20.5

65+/70 19.0 20.7

70+/75 19.0 21.0

75+/80 19.3 20.8

80+/85 19.5 20.7

85+/90 19.7 20.4

90+/95 19.9 20.1

95+/100 20.0 20.0

Except as otherwise provided in this subrule, after June 30, 2007, an excise tax of 20 cents is imposed on each gallon of motor fuel used for any purpose for the privilege of operating motor vehicles in this state.

Amend the implementation clause as follows:

This rule is intended to implement Iowa Code section 452A.3 as amended by 1999 2001 Iowa Acts, Senate House File 136 716, and Iowa Code section 452A.8.

ITEM 4. Amend paragraph 68.5(1)“a” by adopting the following new unlettered paragraph at the end thereof:

Tax shall not be paid when the sale of alcohol occurs within a terminal from an alcohol manufacturer to a licensed supplier. The tax shall be paid by the licensed supplier when the invoiced gross gallonage of the alcohol or the alcohol part of the ethanol blended gasoline is withdrawn from a terminal for delivery in this state. This makes the licensed supplier responsible for the tax on both the alcohol and the gasoline portions of the ethanol blended gasoline and for the reporting and accounting of this fuel as ethanol blended gasoline on the supplier report.

ITEM 5. Amend rule 701—68.5(452A), implementation clause, as follows:

This rule is intended to implement Iowa Code sections section 452A.3, as amended by 2001 Iowa Acts, House File 736, and sections 452A.5, 452A.8, and 452A.9 as amended by 1999 Iowa Acts, Senate File 136, and Iowa Code section 452A.5.

ITEM 6. Amend rule 701—68.8(452A) as follows:

Adopt the following new subrule:

68.8(19) Racing fuel.

Amend the implementation clause as follows:

This rule is intended to implement Iowa Code section 452A.17 as amended by 1999 2001 Iowa Acts, Senate House File 136 736, and Iowa Code section 452A.71.

Pursuant to the authority of Iowa Code sections 425.8, 421.14, and 421.17(19), the Department of Revenue and Finance hereby gives Notice of Intended Action to amend Chapter 74, “Mobile, Modular, and Manufactured Home Tax,” Chapter 75, “Property Tax Administration,” Chapter 78, “Property Tax Exemptions,” Chapter 79, “Real Estate Transfer Tax and Declarations of Value,” and Chapter 80, “Property Tax Credits and Exemptions,” Iowa Administrative Code.

Items 1 through 4 define “manufactured home community” and require that homes located in manufactured home communities be taxed according to the square footage dimensions of the home.

Item 5 requires electronic payment of property taxes to be received by the county treasurer on or before the first business day of the delinquency month to avoid interest on the taxes.

Item 6 permits the Director of the Department of Revenue and Finance to modify, as well as revoke, a claim for property tax exemption and clarifies that the modification or revocation of the exemption applies to the tax year in which the modification or revocation is made.

Items 7 and 8 change the date for filing claims for property tax exemption for religious and charitable societies from April 15 to February 1.

Item 9 deletes the requirement that the Department supply the county recorders with materials, devices, and equipment to be used in the administration of the real estate transfer tax.

Item 10 requires the County Recorder to evidence payment of the real estate transfer tax by entering the amount of tax paid, the date of payment, and the recorder’s initials on the instrument of conveyance presented for recording.

Item 11 permits the County Recorder or the Director of Revenue and Finance to collect underpayments of the real estate transfer tax.

Item 12 amends an implementation clause.

Item 13 imposes a civil penalty equal to 5 percent of the amount of the disallowed credit if the claimant failed to give the assessor written notification that the property was no longer used as a homestead.

Item 14 imposes a penalty equal to 25 percent of the amount of the disallowed credit if a person filed a false application for the homestead property tax credit with fraudulent intent to obtain the credit. The person is also guilty of a fraudulent practice.

Item 15 amends an implementation clause.

Item 16 provides that late claims filed for the urban revitalization property tax exemption will permit the exemption to be allowed for the number of years remaining in the exemption schedule selected.

Item 17 amends an implementation clause.

Item 18 changes the date for filing a forest or fruit–tree reservation property tax exemption from April 15 to February 1.

Item 19 amends an implementation clause.

Item 20 changes the date for filing a family farm property tax credit from October 15 to November 1. It also provides for one–time filing.

Item 21 requires county auditors to notify the Department of the total amount of family farm tax credits due the county by April 1 of each year.

Item 22 imposes a penalty equal to 5 percent of the amount of the disallowed credit if the owner failed to provide written notice to the assessor of a change in the designated person actively engaged in farming the property upon which family farm tax credit was claimed.

Item 23 amends an implementation clause.

Item 24 provides a tax exemption to property used to collect waste that will be used to produce methane gas that will be converted into energy.

Item 25 amends an implementation clause.

Item 26 changes the date for filing a claim for the mobile home storm shelter property tax exemption from April 15 to February 1.

Item 27 amends an implementation clause.

Item 28 provides eligibility criteria for the agricultural land tax credit and a date for the County Auditor to certify to the Department the total amount of credits allowed.

Item 29 provides a tax exemption to property owned and operated by an Indian housing authority provided approval has been granted by the local governing body.

Item 30 provides a tax exemption for fixtures used in cooking, refrigerating, or freezing value–added agricultural products and fixtures used in value–added agricultural processing.

The proposed amendments 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 the discretionary provisions of these amendments would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any.

The Department has determined that these proposed amendments may have an impact on small business. The Department has considered the factors listed in Iowa Code section 17A.4A [1998 Iowa Acts, chapter 1202, section 10]. The Department will issue a regulatory analysis as provided in Iowa Code section 17A.4A [1998 Iowa Acts, chapter 1202, section 10] if a written request is filed by delivery or by mailing postmarked no later than October 22, 2001, 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 these proposed amendments on or before October 19, 2001. 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 12, 2001.

These amendments are intended to implement Iowa Code chapters 404, 425, 425A, 426, 427, 427C, 428A, 435, and 445 as amended by 2001 Iowa Acts, Senate Files 372, 449, 453, and 520 and House Files 656, 712, 713, 715, and 736.

The following amendments are proposed.

ITEM 1. Amend rule 701—74.1(435) by adopting the following new numbered paragraph “5” before the first unnumbered paragraph:

5. “Manufactured home community” means any site, lot, field, or tract of land under common ownership upon which ten or more occupied manufactured homes are harbored, either free of charge or for revenue purposes, and shall include any building, structure, or enclosure used or intended for use as part of the equipment of the community. The term shall not be construed to include homes, buildings, or other structures temporarily maintained by any individual, educational institution, or company on their own premises and used exclusively to house their own labor or students. A “manufactured home community” means the same as a “land–leased community” defined in Iowa Code sections 335.30A and 414.28A.

ITEM 2. Amend rule 701—74.1(435), implementation clause, as follows:

This rule is intended to implement Iowa Code section 435.1 as amended by 1998 2001 Iowa Acts, Senate House File 2400 656.

ITEM 3. Amend rule 701—74.5(435) as follows:

701—74.5(435) Taxation—real estate. Homes located outside of mobile home parks or manufactured home communities must be placed on a permanent foundation and are subject to assessment and taxation as real estate. The homes are eligible for all property tax credits and exemptions applicable to other real estate. The assessor shall collect the title to a home only when a security interest is noted on the title and the secured party is given a mortgage on the land on which the home is located. Homes located outside mobile home parks or manufactured home communities as of July 1, 1994, are not subject to the permanent foundation requirements unless the home is relocated. The homes are subject to assessment as real estate beginning January 1, 1995.

This rule is intended to implement Iowa Code section 435.26 as amended by 1994 Iowa Acts, chapter 1110.

ITEM 4. Amend rule 701—74.6(435) as follows:

701—74.6(435) Taxation—square footage. Homes located within mobile home parks or manufactured home communities are subject to a square footage tax at the rates specified in Iowa Code section 435.22. It shall be the responsibility of the owner to provide the county treasurer with appropriate documentation to verify eligibility for the reduced tax due to the home’s age. Modular homes placed in mobile home parks or manufactured home communities that were not in existence on or before January 1, 1998, shall be subject to assessment and taxation as real estate.

The mobile home park or manufactured home community owner or manager shall make an annual report with the county treasurer by June 1 listing the owner and address of each home cited in the park or community. An additional report shall be filed by December 1 if any homes move are moved in or out of the park or community or there are any changes in home ownership.

This rule is intended to implement Iowa Code section sections 435.22 and section 435.24(3) as amended by 2000 Iowa Acts, Senate File 2253.

ITEM 5. Amend rule 701—75.3(445) as follows:

701—75.3(445) When delinquent. The first half installment of taxes shall become delinquent if not received by the county treasurer on or before the last business day preceding October 1 and the second half installment shall become delinquent if not received by the county treasurer on or before the last business day preceding April 1. If mailed, the payment envelope must bear a postmark date preceding October 1 or April 1 to avoid delinquency. If paid electronically, the payment must be received by the treasurer on or before the first business day of the delinquency month to avoid interest on the taxes. Delinquent taxes shall draw interest at the rate specified in Iowa Code section 445.39.

This rule is intended to implement Iowa Code section 445.37 as amended by 1997 2001 Iowa Acts, House Senate File 645 453.

ITEM 6. Amend rule 701—78.3(427) as follows:

701—78.3(427) Responsibility of director of revenue and finance. The director may revoke or modify an exemption on property found to have been erroneously granted by the local taxing officials. The director may revoke an exemption for the current assessment year, but not for prior assessment years. Any taxpayer or taxing district may request that the director revoke or modify an exemption or the director may on the director’s own determination revoke or modify an exemption. The director may revoke or modify an exemption for the tax year commencing in the tax year in which the request is made to the director or the tax year commencing in the tax year in which the director’s own motion is filed. The director shall hold a hearing on the appropriateness of the exemption prior to issuing an order for revocation or modification. The director’s order to revoke or modify an exemption may be appealed in accordance with Iowa Code chapter 17A of the Iowa administrative procedures Act or in the district court of the county in which the property is located.

This rule is intended to implement Iowa Code section 427.1(16) as amended by 1997 2001 Iowa Acts, House File 266 715.

ITEM 7. Amend subrules 78.4(3) and 78.4(4) as follows:

78.4(3) Applications for exemptions required under Iowa Code subsection 427.1(14) must be filed with the assessor not later than April 15 February 1 of the year for which the exemption is requested.

78.4(4) If a properly completed application is not filed by April 15 February 1 of the assessment year for which the exemption would apply, no exemption shall be allowed against the property. (1964 O.A.G. 437.)

ITEM 8. Amend rule 701—78.4(427), implementation clause, as follows:

This rule is intended to implement Iowa Code subsection 427.1(14) as amended by 1999 2001 Iowa Acts, chapter 151, section 41 House File 736.

ITEM 9. Amend subrule 79.1(1) as follows:

79.1(1) Materials and equipment Forms. County recorders shall use only materials, forms, devices and equipment provided by the department of revenue and finance for the collection of real estate transfer tax and the recording and reporting of such tax collections.

ITEM 10. Rescind subrule 79.1(3) and adopt in lieu thereof the following new subrule:

79.1(3) Evidence of payment. The recorder shall enter the tax payment amount, date of payment, and initials of the recorder or authorized employee of the recorder on the face of the instrument of conveyance presented for recording.

ITEM 11. Amend subrule 79.1(5) as follows:

79.1(5) Refunds or underpayments.

a. Refunds. County recorders shall not refund any overpayment of a real estate transfer tax. The grantor of the real property for which the real estate transfer tax has been overpaid shall petition the state appeal board for a refund of the overpayment amount paid to the treasurer of state. A refund of the remaining portion of the overpayment shall be petitioned from the board of supervisors of the county in which the tax was paid.

ITEM 12. Amend rule 701—79.1(428A), implementation clause, as follows:

This rule is intended to implement Iowa Code chapter 428A as amended by 1999 2001 Iowa Acts, chapter 175 Senate File 372 and House File 736.

ITEM 13. Amend subrule 80.1(1), paragraph “a,” as follows:

a. No homestead tax credit shall be allowed unless the first application for homestead tax credit is signed by the owner of the property or the owner’s qualified designee and filed with the city or county assessor on or before July 1 of the current assessment year. (1946 O.A.G. 37) Once filed, the claim for credit is applicable to subsequent years and no further filing shall be required provided the homestead is owned and occupied by the claimant or the claimant’s spouse on July 1 of each year and, in addition, the claimant or the claimant’s spouse occupies the homestead for at least six months during each calendar year in which the fiscal year for which the credit is claimed begins. It is not a requirement that the six–month period of time be consecutive. If the credit is disallowed and the claimant failed to give written notice to the assessor that the claimant ceased to use the property as a homestead, a civil penalty equal to 5 percent of the amount of the disallowed credit shall be assessed against the claimant in addition to the amount of credit allowed. The assessor, county auditor, and county board of supervisors shall act on the claim in accordance with Iowa Code section 425.3. A claim filed after July 1 of any calendar year applies to the following assessment year.

ITEM 14. Amend subrule 80.1(1) by adopting the following new paragraph “f”:

f. If a person makes a false application for credit with fraudulent intent to obtain the credit, the person is guilty of a fraudulent practice and the claim shall be disallowed. If the credit has been paid, the amount of the credit plus a penalty equal to 25 percent of the amount of the disallowed credit and interest shall be collected by the county treasurer.

ITEM 15. Amend rule 701—80.1(425), implementation clause, as follows:

This rule is intended to implement Iowa Code chapter 425 as amended by 1997 2001 Iowa Acts, House File 726 712.

ITEM 16. Amend subrule 80.8(5), paragraph “d,” as follows:

d. Extended deadline. The city council or county board of supervisors may by resolution provide that an application for the partial exemption can be filed by February 1 of any assessment year the area is designated as an urban revitalization area. The exemption shall be allowed for the same number of years remaining in the exemption schedule selected as would have been remaining had the claim for exemption been timely filed.

ITEM 17. Amend rule 701—80.8(404), implementation clause, as follows:

This rule is intended to implement Iowa Code chapter 404 as amended by 1996 2001 Iowa Acts, chapter 1204 House File 715.

ITEM 18. Amend subrule 80.9(2) as follows:

80.9(2) Application for exemption.

a. An application for exemption must be filed with the appropriate assessor between January 1 and April 15 February 1, inclusive, of the assessment year for which the exemption is first claimed. If the inspection of the property is to be made by the county conservation board, the assessor shall forward the application to the board for its recommendation. Once the application has been accepted, the exemption is applicable to the current and subsequent assessment years and no further application shall be required so long as the property remains eligible for the exemption.

b. If April 15 February 1 falls on a Saturday or Sunday, an application for exemption may be filed the following Monday.

c. An application shall be considered to be timely filed if postmarked on or before April 15 February 1 or the following Monday if April 15 February 1 falls on a Saturday or Sunday.

ITEM 19. Amend rule 701—80.9(161,141), implementation clause, as follows:

This rule is intended to implement Iowa Code chapter 427C as amended by 2001 Iowa Acts, House File 736, and section 441.22.

ITEM 20. Amend subrule 80.11(2) as follows:

80.11(2) Application for credit. To obtain the credit, the designated person owner must file an application for credit with the assessor on or after July 1 and on or before October 15 of each year by November 1. If the claim for credit is approved, no further filing shall be required provided the ownership and the designated person actively engaged in farming the property remain the same during successive years. A new application for credit shall be required only if the property is sold or the designated person changes. The county board of supervisors shall review all claims and make a determination as to eligibility. The claimant may appeal a decision of the board to district court by giving written notice to the board within 20 days of the board’s notice.

ITEM 21. Amend subrule 80.11(3) as follows:

80.11(3) Application of credit. The county auditor shall certify to the department of revenue and finance the total amount of family farm tax credits due the county by April 1. The county auditor shall apply the credit to each eligible tract of land in an amount equal to the school district tax rate which is in excess of $5.40 multiplied by the taxable value of the eligible tract.

ITEM 22. Amend rule 701—80.11(425A) by adopting the following new subrule:

80.11(4) Penalty. The owner shall provide written notice to the assessor if the designated person changes. Failure to do so shall result in the owner’s being liable for the amount of the credit plus a penalty equal to 5 percent of the amount of the credit granted.

ITEM 23. Amend rule 701—80.11(425A), implementation clause, as follows:

This rule is intended to implement Iowa Code chapter 425A as amended by 1996 2001 Iowa Acts, House File Files 560 712 and 713.

ITEM 24. Amend subrule 80.12(2) as follows:

80.12(2) Eligibility for exemption. To qualify for exemption, the property must be used in connection with a publicly owned sanitary landfill where to collect methane gas or other gases is produced as a byproduct of waste decomposition and converted convert the gas to energy or to collect waste that will be used to produce methane gas or other gases for conversion into energy. The property used to decompose the waste and convert the waste to gas is not eligible for the exemption.

ITEM 25. Amend rule 701—80.12(427), implementation clause, as follows:

This rule is intended to implement Iowa Code section 427.1(43)(29) as amended by 2001 Iowa Acts, Senate File 520.

ITEM 26. Amend subrule 80.14(1) as follows:

80.14(1) Application for exemption. An application for exemption must be filed with the assessing authority by April 15 February 1 of the first year the exemption is requested. Applications for exemption are not required in subsequent years if the property remains eligible for exemption.

ITEM 27. Amend rule 701—80.14(427), implementation clause, as follows:

This rule is intended to implement Iowa Code section 427.1(30) as amended by 1999 2001 Iowa Acts, chapter 186, section 3 House File 736.

ITEM 28. Amend 701—Chapter 80 by adopting the following new rule:

80.16(1) Eligibility for credit. The credit shall be allowed on land in tracts of ten acres or more, or land of less than ten acres if part of other land of more than ten acres, and used for agricultural or horticultural purposes.

80.16(2) Application for credit. No application for credit is required.

80.16(3) Application of credit. The county auditor shall certify to the department of revenue and finance the total amount of agricultural land tax credits due the county by April 1. The county auditor shall apply the credit to each eligible tract of land in an amount equal to the school district tax rate which is in excess of $5.40 multiplied by the taxable value of the eligible tract.

This rule is intended to implement Iowa Code chapter 426 as amended by 2001 Iowa Acts, House File 713.

ITEM 29. Amend 701—Chapter 80 by adopting the following new rule:

701—80.17(427) Indian housing property. Property owned and operated by an Indian housing authority, as defined in 24 CFR 950.102, is exempt from taxation provided the exemption has been approved by the city council or county board of supervisors, whichever is applicable, and a valid claim for exemption has been filed pursuant to Iowa Code section 427.1(14) by February 1.

This rule is intended to implement Iowa Code section 427.1 as amended by 2001 Iowa Acts, Senate File 449.

ITEM 30. Amend 701—Chapter 80 by adopting the following new rule:

701—80.18(427) Property used in value–added agricultural product operations. Fixtures used for cooking, refrigeration, or freezing of value–added agricultural products used in value–added agricultural processing or used in direct support of value–added agricultural processing are exempt from tax. Direct support includes storage by public refrigerated warehouses for processors of value–added agricultural products prior to the start of the value–added agricultural processing operation. The exemption does not apply to fixtures used primarily for retail sale or display. If the taxpayer is a retailer, there is a presumption that the fixtures are being used primarily for retail sale or display. The exemption applies only to fixtures that are attached in a manner set forth in Iowa Code section 427A.1(2).

The following definitions apply to this rule:

“Fixture” means property which was originally personal property but which by being physically attached to the realty becomes part of the realty and upon removal does not destroy the property to which it is attached.

“Value–added agricultural processing” means an operation whereby an agricultural product is subjected to some special treatment by artificial or natural means which changes its form, context, or condition, and results in a marketable agricultural product to be sold at retail. These operations are commonly associated with fabricating, compounding, germinating, or manufacturing.

“Value–added agricultural product” means an agricultural product which, through a series of activities or processes, may be sold at a higher price than its original purchase price.

This rule is intended to implement Iowa Code section 427A.1 as amended by 2001 Iowa Acts, House File 715.

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

August 1, 2000 — August 31, 2000 8.00%

September 1, 2000 — September 30, 2000 8.00%

October 1, 2000 — October 31, 2000 7.75%

November 1, 2000 — November 30, 2000 7.75%

December 1, 2000 — December 31, 2000 7.75%

January 1, 2001 — January 31, 2001 7.75%

February 1, 2001 — February 28, 2001 8.00%

March 1, 2001 — March 31, 2001 7.25%

April 1, 2001 — April 30, 2001 7.00%

May 1, 2001 — May 31, 2001 7.00%

June 1, 2001 — June 30, 2001 7.25%

July 1, 2001 — July 31, 2001 7.50%

August 1, 2001 — August 31, 2001 7.25%

September 1, 2001 — September 30, 2001 7.25%

Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby amends Chapter 14, “Issuance of Practitioner’s License and Endorsements,” Iowa Administrative Code.

This amendment modifies the master educator license which became effective on August 31, 2001. The amendment reduces the term of the new license, reduces the number of years of teaching experience for the license, and eliminates one of the options due to potential conflict with other options established for the license.

In compliance with Iowa Code section 17A.4(2), the Board finds that notice and public participation are unnecessary and contrary to the public interest. Albeit this amendment changes requirements for this license, this license has not yet been issued to applicants and thus no applicant will be denied any authorization or benefit inherent in the license.

In compliance with Iowa Code section 17A.5(2)“b”(2), the Board finds that this amendment confers a benefit and removes restrictions on the public, such that the normal effective date of the amendment should be waived and the amendment should be made effective upon filing on August 16, 2001.

This amendment is also published herein under Notice of Intended Action as ARC 0911B to allow for public comment. This emergency filing permits the board to implement the provisions of the master educator license effective August 31, 2001.

This amendment is intended to implement Iowa Code chapter 272.

This amendment became effective August 16, 2001.

The following amendment is adopted.

Amend rule 282—14.113(272) as follows:

282—14.113(272) Requirements for a master educator’s license. A master educator’s license valid for eight five years may be issued to an applicant who:

1. Is the holder of or eligible for a standard license.

2. Verifies seven five years of successful teaching experience, or six years if the applicant has completed an approved induction program.

3. Completes one of the following options:

• Master’s degree in a recognized endorsement area, or

• Master’s degree in curriculum, effective teaching, or a similar degree program which has a focus on school curriculum or instruction, or .

Renewal requirements for this license are set out in 282—Chapter 17.

[Filed Emergency 8/16/01, effective 8/16/01]

[Published 9/5/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 9/5/01.

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby amends Chapter 91, “Waterfowl and Coot Hunting Seasons,” Iowa Administrative Code.

These rules give the regulations for hunting waterfowl and coot and include season dates, bag limits, possession limits, shooting hours, and areas open to hunting. Season dates are adjusted annually to comply with federal law and to ensure that seasons open on a weekend.

State hunting seasons on migratory birds must be set within frameworks established annually by the Fish and Wildlife Service, U.S. Department of the Interior. These frameworks specify shooting hours, bag limits and possession limits, as well as season lengths and outside dates. These frameworks were finalized by the Service in early August. Therefore, adoption of a final rule by the Department could not take place prior to this time.

Notice of Intended Action was published in the March 7, 2001, Iowa Administrative Bulletin as ARC 0541B. There are two changes from the Notice of Intended Action. In subrule 91.4(2), paragraph “j” has been rescinded. The Winnebago County Conservation Board is eliminating the Canada geese closure on Thorpe Park. Also, the canvasback season was reduced to 20 days by the Fish and Wildlife Service due to reduced numbers of breeding canvasbacks.

The Department finds, pursuant to Iowa Code section 17A.5(2)“b”(2), that these amendments confer a benefit on a segment of the public by becoming effective upon filing with the Administrative Rules Coordinator on August 17, 2001, and that the usual effective date of these amendments would unnecessarily restrict the public by delaying the opening of the waterfowl and coot hunting seasons.

These amendments became effective August 17, 2001.

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

The following amendments are adopted.

ITEM 1. Amend rule 571—91.1(481A), introductory paragraph, as follows:

571—91.1(481A) Ducks (split seasons). Open season for hunting ducks shall be September 23 22 to September 27, 2000 26, 2001; October 14 13 to December 7, 2000 6, 2001, in that portion of the state lying north of a line beginning on the Nebraska–Iowa border at State Highway 175, southeast to State Highway 37, east to U.S. Highway 59, south to I–80 and along I–80 east to the Iowa–Illinois border; and September 23 22 to September 27, 2000 26, 2001; October 14 13 to December 7, 2000 6, 2001, in that portion of the state lying south of a line beginning on the Nebraska–Iowa border at State Highway 175, southeast to State Highway 37, east to U.S. Highway 59, south to I–80 and along I–80 east to the Iowa–Illinois border. Shooting hours are one–half hour before sunrise to sunset each day. The season for canvasbacks will be open only from October 27, 2001, to November 15, 2001, in the north zone and November 17, 2001, to December 6, 2001, in the south zone.

ITEM 2. Amend rule 571—91.3(481A) as follows:

571—91.3(481A) Geese. The north goose hunting zone is that part of Iowa north of a line beginning on the Nebraska–Iowa border at State Highway 175, east to State Highway 37, southeast to U.S. Highway 59, south to I–80 and along I–80 to the Iowa–Illinois border. The south goose hunting zone is the remainder of the state. The open season for hunting Canada geese only is September 9 and 10, 2000, west of State Highway 63 in the north goose hunting zone only, except on the Big Marsh Wildlife Area where the season will remain closed. The open season for hunting Canada geese, white–fronted geese and brant, collectively referred to as dark geese, is September 30 29 to December 8, 2000 7, 2001, in the north goose hunting zone and September 30 29 to October 15 21 and November 4 10 to December 27, 2000 26, 2001, in the south goose hunting zone. The open season for hunting white– and blue–phase snow geese and Ross’ geese, collectively referred to as light geese, is September 30, 2000 29, 2001, to January 14, 2001 13, 2002, statewide. Light geese may also be taken under the conservation order from the U.S. Fish and Wildlife Service from February 15, 2001 2, 2002, through April 15, 2001 2002. Shooting hours are one–half hour before sunrise to sunset, except that during the conservation order shooting hours will be extended to one–half hour after sunset each day.

91.3(1) Bag limit. Daily bag limit is 2 Canada geese, 2 white–fronted geese, 2 brant, and 20 light geese.

91.3(2) Possession limit. Possession limit is twice the daily bag limit and no possession limit on light geese.

ITEM 3. Amend subrule 91.4(2) by rescinding paragraph “j.”

ITEM 4. Amend rule 571—91.6(481A) as follows:

571—91.6(481A) Youth waterfowl hunt. A special youth waterfowl hunt will be held statewide on October 7 and 8, 2000 6 and 7, 2001. Youth hunters must be 15 years old or younger. Each youth hunter must be accompanied by an adult 18 years old or older. The youth hunter does not need to have a hunting license or stamps. The adult must have a valid hunting license and habitat stamp if normally required to have them to hunt and a state waterfowl stamp. Only the youth hunter may shoot ducks, coots and Canada geese. The adult may hunt for any other game birds for which the season is open. The daily bag limits are the same as for the regular waterfowl season, as defined in subrule 91.1(1), except the season for light geese will not be open. The possession limit is the same as the daily bag limit. All other hunting regulations in effect for the regular waterfowl season apply to the youth hunt.

[Filed Emergency After Notice 8/17/01, effective 8/17/01]

[Published 9/5/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 9/5/01.

Pursuant to the authority of Iowa Code section 97B.15, the Department of Personnel hereby amends Chapter 21, “Iowa Public Employees’ Retirement System,” Iowa Administrative Code.

A new rule is adopted to implement the transition benefits advisory committee created in 2001 Iowa Acts, Senate File 497, sections 20 and 24. 2001 Iowa Acts, Senate File 497, modifies the governance and structure of the Iowa Public Employees’ Retirement System. Sections 20 and 24 of that Act create a transition benefits advisory committee composed of representatives selected by constituent groups concerned with the system. The transition benefits advisory committee is to consult with the system on IPERS benefits issues and adopt rules governing a permanent benefits advisory committee. The transition benefits advisory committee shall be dissolved on July 31, 2002.

This rule has been prepared after consultation with the constituent group representatives of the transition benefits advisory committee in meetings held on July 10, 2001, and August 1, 2001.

In compliance with Iowa Code section 17A.4(2), the Department finds that, because this rule is beneficial to members and necessary to the current and ongoing administration of the system, additional notice and public participation prior to implementation are impracticable, unnecessary, and contrary to the public interest.

The Department also finds, pursuant to Iowa Code section 17A.5(2)“b”(2), that the normal effective date of this rule should be waived and this rule be made effective upon filing with the Administrative Rules Coordinator on August 16, 2001, because it confers a benefit and is required to implement the system’s governing statutes. In conjunction with the Notice of Intended Action also published herein, this filing will give interested persons adequate notice of the changes and an opportunity to respond.

There are no waiver provisions included in this rule because its provisions confer benefits, or are required by statute, or both.

The Department adopted this rule on August 15, 2001.

This rule is also published herein under Notice of Intended Action as ARC 0903B to allow public comment.

This rule became effective August 16, 2001.

This rule is intended to implement Iowa Code chapter 97B and 2001 Iowa Acts, Senate File 497, sections 13, 20 and 24.

The following amendment is adopted.

Amend 581—Chapter 21 by adopting the following new rule:

21.33(1) Scope. This rule shall govern the conduct of business by the benefits advisory committee (BAC) of the Iowa public employees’ retirement system. Subrules 21.33(2) to 21.33(5) describe the general structure and duties of the permanent BAC which is created effective July 1, 2002. Subrules 21.33(6) to 21.33(14) describe the structure and self–governance rules for the transition BAC, which is created effective July 1, 2001, and is dissolved by July 31, 2002.

21.33(2) Purpose of the permanent BAC. The permanent BAC shall be an advisory committee that serves as a channel for employers and employees to help formulate policies and recommendations regarding the provision of benefits and services to members of the system.

21.33(3) Membership of the permanent BAC. The permanent BAC shall be comprised of representatives of constituent groups concerned with the system and shall include representatives of employers, active members, and retired members. In addition, the director of the department of personnel and a member of the public selected by the voting members of the committee shall serve as members of the permanent BAC.

21.33(4) Voting members of the permanent BAC. The permanent BAC shall have nine voting members. Except as otherwise indicated, the voting members shall be elected by the members of the permanent BAC from the membership of the permanent BAC. Four members shall represent employers, four shall represent active and retired members of the system, and one shall be a citizen who is not a member of the system and who is elected by the other eight voting members of the permanent BAC.

a. The members that represent employers shall be elected as follows: one shall be the director of the department of personnel, one shall be a representative of a constituent group representing cities, one shall be a representative of a constituent group representing counties, and one shall be a representative of a constituent group representing local school districts.

b. The members that represent active and retired members shall be elected as follows: one shall be a representative of a constituent group that represents teachers. The other three voting members shall be elected pursuant to rules adopted pursuant to the recommendations of the transition BAC described in subrules 21.33(6) to 21.33(13) below.

21.33(5) Duties of the permanent BAC. The permanent BAC shall review the benefits and services provided to members under Iowa Code chapter 97B and, through its voting members, make recommendations about said benefits and services to the system and to the general assembly; participate in annual performance evaluations of the chief benefits officer; and, through the system member representatives appointed by the governor under 2001 Iowa Acts, Senate File 497, section 12(4), participate in the activities of the board.

At least every two years, the BAC shall review the benefits and services provided to members; and the voting members shall make recommendations to the system, the governor, and the general assembly concerning the benefits and services provided to members and the system’s benefits policies and benefits goals.

21.33(6) Transition benefits advisory committee. Effective July 1, 2001, a transition BAC is created. The purpose of the transition BAC is to establish the rules to be adopted by the division governing the BAC and any other provisions deemed necessary for establishing the BAC. The transition BAC may also consult with system staff and make recommendations on other matters. The transition BAC shall be composed of 15 members appointed as follows.

a. Voting members. One representative appointed by each of the following: the Iowa State Education Association, the Iowa Association of Community College Trustees, the School Administrators of Iowa, the Iowa Association of School Boards, the Retired School Personnel Association, the State Police Officers Council, the director of the Department of Personnel, the IPERS’ Improvement Association, the American Federation of State, County, and Municipal Employees, the Iowa State Sheriffs’ and Deputies’ Association, the Iowa State Association of Counties, the Iowa League of Cities, the Iowa Association of Chiefs of Police and Peace Officers, a member of the public with substantial pension benefits experience as selected by the Chief Benefits Officer of IPERS, and the Department of Management.

b. Membership. The transition BAC may add additional voting representatives of member organizations provided that a majority of the current members concur with each membership request. Organizations representing employers and employees desiring membership shall submit a written request to the chairperson of the transition BAC stating the reasons why its membership application request should be accepted by the transition BAC. The chairperson may request additional information from the requesting organization if necessary. The transition BAC may set a maximum limit on membership.

c. Appointment of representatives. A member organization shall appoint one of its members to serve as the representative on the transition BAC. Member organizations shall provide in writing to the chairperson the name of the representative, address, telephone number, and other information required by the chairperson.

d. Attendance. Any voting member representative shall be deemed to have submitted a resignation from participation in the transition BAC if either of the following events occur:

(1) The representative does not attend three or more consecutive regular meetings.

(2) The representative attends less than one–half of the regular meetings of the transition BAC between July 1, 2001, and July 31, 2002. This provision applies only to a period beginning on or after the date when the person assumes the position of representative for an organization.

In the event that a representative is deemed to have resigned under this provision, the chairperson shall immediately notify the representative’s organization and require the appointment of a different representative within 30 days. Should that organization fail to notify the chairperson in writing of the organization’s new representative within this time frame, that organization shall be deemed to have withdrawn from further participation in the transition BAC.

e. Voting rights. No member organization shall be permitted to designate a substitute voting representative to cast the vote of a member organization at a meeting in the event the named representative cannot attend the meeting.

f. Final rules. The members of the transition BAC shall, at least 30 days before July 1, 2002, issue a report to IPERS concerning the rules of governance for the permanent BAC. The rules of governance shall include provisions governing the selection of members of the permanent BAC, the selection of its membership and its voting members, and any other provision deemed necessary for establishing the permanent BAC consistent with the requirements of 2001 Iowa Acts, Senate File 497, section 13.

21.33(7) Time and place of transition BAC meetings.The transition BAC shall meet at least bimonthly, at the call of the chairperson, upon the written request by the chief benefits officer, or upon written request of a majority of the members of the transition BAC. The chairperson shall establish the date of all other meetings, and provide notice of all meeting dates, locations, and agenda.

a. Call of the chairperson. The chairperson shall notify the transition BAC of the date, time, and location of all meetings and state the agenda.

b. Request for meetings by the chief benefits officer. The chairperson shall schedule a meeting upon the receipt of a written request from the chief benefits officer. The request shall state the reason for the meeting and the proposed agenda.

c. Requests for meetings by the transition BAC. The chairperson shall schedule a meeting upon the receipt of a written request from a majority of the members of the transition BAC. The request shall state the reason for the meeting and the proposed agenda.

d. Place of meetings. Meetings of the transition BAC will generally be held at the IPERS building, 7401 Register Drive, Des Moines, Iowa. The transition BAC may meet at other locations. The meeting place and time will be specified in the agenda.

21.33(8) Notification of transition BAC meetings.

a. Form of notice. Notice of meetings is given by posting and distributing the agenda. The agenda lists the time, date, place, and topics to be discussed at the meeting.

b. Posting of transition BAC agenda. The agenda for each meeting will be posted at the system’s main office and in the office of the department of personnel.

c. Distribution of agenda. Agenda shall be provided to each member of the transition BAC and anyone who files a request with the chairperson. The request should state whether the agenda for a particular meeting is desired, or whether the agendas for all meetings are desired.

d. Amendments to agenda. Any amendments to the agenda after posting and distribution under 21.33(8)“b” and “c” will be posted, but not distributed. The amended agenda will be posted at least 24 hours prior to the meetings unless, for good cause, notice is impossible or impractical, in which case as much notice as is reasonably possible will be given.

e. Supporting material. Written materials provided to the transition BAC with the agenda may be examined and copied. Copies of the materials may be distributed at the discretion of the chairperson to persons requesting the materials. The chairperson may require a fee to cover the reasonable cost to the agency to provide the copies.

21.33(9) Attendance and participation by the public.

a. Attendance. All meetings of the transition BAC are open to the public. The transition BAC may exclude the public from portions of the meeting in accordance with Iowa Code section 21.5.

b. Participation.

(1) Items on agenda. Persons who wish to address the transition BAC on a matter on the agenda should notify the chairperson at least three days before the meeting. Presentations to the transition BAC may be made at the discretion of the chairperson.

(2) Items not on agenda. Iowa Code section 21.4 requires the transition BAC to give notice of its proposed agenda. Therefore, the transition BAC discourages persons from raising matters not on the agenda. Persons who wish to address the transition BAC on a matter not on the agenda should file a request with the chairperson to place the matter on the agenda of a subsequent meeting.

c. Coverage by press. Cameras and recording devices may be used during meetings provided they do not interfere with the orderly conduct of the meeting. The chairperson may order the use of these devices be discontinued if they cause interference and may exclude those persons who fail to comply with that order.

21.33(10) Quorum and voting requirements for the transition BAC.

a. Quorum. A majority of the voting members of the transition BAC constitutes a quorum.

b. Majority voting. A quorum of the transition BAC must be present at the time any vote is taken. In order for a motion to pass or for the transition BAC to conduct business, a majority of the full voting membership must vote in favor of the motion or other business matter.

c. Voting procedures. The chairperson shall rule as to whether the vote will be by voice vote or roll call. A roll call vote shall be taken anytime a voice vote is not unanimous. Minutes of the transition BAC shall indicate the vote of each member.

21.33(11) Minutes, transcripts and recording of transition BAC meetings.

a. Recordings. The chairperson shall record by mechanized means each meeting and shall retain the recording for at least one year. Recordings of closed sessions shall be sealed and retained at least one year.

b. Transcripts. Transcripts of meetings will not routinely be prepared. The chairperson will have transcripts prepared upon receipt of a request for a transcript and payment of a fee to cover its cost.

c. Minutes. The chairperson shall record minutes of each meeting. Minutes shall be reviewed, approved, and maintained by the transition BAC. The approved minutes shall be signed by the chairperson.

21.33(12) Officers of transition BAC and election.

a. Officers. The officers of the transition BAC are the chairperson and vice chairperson.

b. Elections. Election of officers shall take place at the first transition BAC meeting held on or after July 1, 2001. If an officer does not serve out the elected term, a special election shall be held at the first meeting held after notice is provided to the transition BAC to elect a member to serve out the remainder of the term.

21.33(13) Terms of transition BAC members. Except for the director of the department of personnel, the members of the transition BAC shall serve from July 1, 2001, to July 31, 2002, or until replaced by the appointing authority or until the transition BAC is dissolved by a vote of its membership after completing its statutory purpose prior to July 31, 2002. Effective no later than July 31, 2002, the transition BAC shall be dissolved.

21.33(14) Expenses of transition BAC members. Expenses of voting members of the transition BAC shall be reimbursed if provided by law.

This rule is intended to implement Iowa Code chapter 97B and 2001 Iowa Acts, Senate File 497, sections 13, 20 and 24.

[Filed Emergency 8/16/01, effective 8/16/01]

[Published 9/5/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 9/5/01.

Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby adopts amendments to Chapter 15, “Requirements for Special Education Endorsements,” Iowa Administrative Code.

These amendments include the termination of selectedinstructional endorsements and also provide for a newcompetency–based framework for instructional special education endorsements.

Notice of Intended Action was published in the Iowa Administrative Bulletin on April 4, 2001, as ARC 0604B. Ten public hearings on the proposed amendments were held throughout the state. Eleven people attended the hearings, and one person spoke at the hearings. Those who attended the hearings and the one who spoke were all in favor of the amendments as proposed. The Board received two written comments from higher education institutional representatives. Both sets of proposals included positive suggestions that add clarity and strength to the amendments, and these suggestions have been included in the amendments as adopted by the Board of Educational Examiners.

The newly proposed endorsements will be issued effective December 31, 2001, and the termination of the issuance of selected endorsements will be August 31, 2004.

These amendments will become effective December 31, 2001.

These amendments are intended to implement Iowa Code chapter 272.

The following amendments are adopted.

ITEM 1. Amend subrule 15.1(2) as follows:

15.1(2) Adding special education instructional endorsements to Iowa licenses. After the issuance of a practitioner license, an individual may add other special education instructional endorsements to that license upon proper application provided current requirements for the endorsement(s) have been met. However, if an applicant is seeking to add a special education instructional endorsement at the same level, elementary or secondary, as other endorsements held, the student teaching component set out in the rules for added endorsement areas is not required.

ITEM 2. Amend subrule 15.2(1) as follows:

15.2(1) Behavioral disorders. These endorsements will not be issued after August 31, 2004.

a. to c. No change.

ITEM 3. Amend subrule 15.2(2) as follows:

15.2(2) Mental disabilities: mild/moderate. These endorsements will not be issued after August 31, 2004.

a. to c. No change.

ITEM 4. Amend subrule 15.2(3) as follows:

15.2(3) Mental disabilities: severe and profound. The holder of this endorsement is authorized to teach students with severe and profound multiple handicaps from the age of 5 to the age of 21 (and to a maximum allowable age in accordance with Iowa Code section 256B.8). These endorsements will not be issued after August 31, 2004.

a. and b. No change.

ITEM 5. Amend subrule 15.2(4) as follows:

15.2(4) Learning disabilities. These endorsements will not be issued after August 31, 2004.

a. and b. No change.

ITEM 6. Amend subrule 15.2(5) as follows:

15.2(5) Physically handicapped. These endorsements will not be issued after August 31, 2004.

a. to c. No change.

ITEM 7. Amend subrule 15.2(8) as follows:

15.2(8) Multicategorical resource teacher—mildly handicapped. These endorsements will not be issued after August 31, 2004.

a. to d. No change.

ITEM 8. Amend subrule 15.2(9) as follows:

15.2(9) Early childhood special education. This endorsement will not be issued after August 31, 2004.

a. to j. No change.

ITEM 9. Amend subrule 15.2(10) as follows:

15.2(10) Multicategorical special class with integration. These endorsements will not be issued after August 31, 2004.

a. to c. No change.

ITEM 10. Amend rule 282—15.2(272) by adopting the following new subrule:

15.2(15) Instructional strategist I: mild and moderate.

a. Option 1—K–6 mild and moderate. This endorsement authorizes instruction in all K–6 mild and moderate instructional special education programs without regard to the instructional model. An applicant for this option must complete the following requirement and must hold a regular education endorsement. See rule 282—14.18(272).

The applicant must present evidence of having completed the following program requirements.

(1) Foundations of special education. The philosophical, historical and legal bases for special education, including the definitions and etiologies of individuals with disabilities, exceptional child, and including individuals from culturally and linguistically diverse backgrounds.

(2) Characteristics of learners. Preparation which includes various etiologies of mild and moderate disabilities, an overview of current trends in educational programming for mild and moderate disabilities, educational alternatives and related services, and the importance of the multidisciplinary team in providing more appropriate educational programming, and includes the general developmental, academic, social, career and functional characteristics of individuals with mild and moderate disabilities as the characteristics relate to levels of instructional support required, and the psychological and social–emotional characteristics of individuals with mild and moderate disabilities.

(3) Assessment, diagnosis and evaluation. Legal provisions, regulations and guidelines regarding unbiased assessment and use of psychometric instruments and instructional assessment measures with individuals with disabilities. Application of assessment results to individualized program development and management, and the relationship between assessment and placement decisions. Knowledge of any specialized strategies such as functional behavioral assessment and any specialized terminology used in the assessment of various disabling conditions.

(4) Methods and strategies. Methods and strategies which include numerous models for providing curricular and instructional methodologies utilized in the education of the mildly and moderately disabled, and sources of curriculum materials for individuals with disabilities. Curricula for the development of cognitive, academic, social, language and functional life skills for individuals with exceptional learning needs, and related instructional and remedial methods and techniques, including appropriate assistive technology. The focus of these experiences is for students at the K–6 level. This preparation must include alternatives for teaching skills and strategies to individuals with disabilities who differ in degree and nature of disability, and the integration of appropriate age– and ability–level academic instruction.

(5) Managing student behavior and social interaction skills. Preparation in individual behavioral management, behavioral change strategies, and classroom management theories, methods, and techniques for individuals with exceptional learning needs. Theories of behavior problems in individuals with disabilities and the use of nonaversive techniques for the purpose of controlling targeted behavior and maintaining attention of individuals with disabilities. Design, implement, and evaluate instructional programs that enhance an individual’s social participation in family, school, and community activities.

(6) Communication and collaborative partnerships. Awareness of the sources of unique services, networks, and organizations for individuals with disabilities including transitional support. Knowledge of family systems, family dynamics, parent rights, advocacy, multicultural issues, and communication to invite and appreciate many different forms of parent involvement. Strategies for working with regular classroom teachers, support services personnel, paraprofessionals, and other individuals involved in the educational program. Knowledge of the collaborative and consultative roles of special education teachers in the integration of individuals with disabilities into the general curriculum and classroom.

(7) Student teaching. Student teaching in a K–6 mild and moderate special education program.

b. Option 1—7–12 mild and moderate. This endorsement authorizes instruction in all 7–12 mild and moderate instructional special education programs without regard to the instructional model. An applicant for this option must complete the following requirements and must hold a regular education endorsement. See rule 282—14.18(272).

The applicant must present evidence of having completed the following program requirements.

(1) Foundations of special education. The philosophical, historical and legal bases for special education, including the definitions and etiologies of individuals with disabilities, exceptional child, and including individuals from culturally and linguistically diverse backgrounds.

(2) Characteristics of learners. Preparation which includes various etiologies of mild and moderate disabilities, an overview of current trends in educational programming for mild and moderate disabilities, educational alternatives and related services, and the importance of the multidisciplinary team in providing more appropriate educational programming, and includes the general developmental, academic, social, career and functional characteristics of individuals with mild and moderate disabilities as the characteristics relate to levels of instructional support required, and the psychological and social–emotional characteristics of individuals with mild and moderate disabilities.

(3) Assessment, diagnosis and evaluation. Legal provisions, regulations and guidelines regarding unbiased assessment and use of psychometric instruments and instructional assessment measures with individuals with disabilities. Application of assessment results to individualized program development and management, and the relationship between assessment and placement decisions. Knowledge of any specialized strategies such as functional behavioral assessment and any specialized terminology used in the assessment of various disabling conditions.

(4) Methods and strategies. Methods and strategies which include numerous models for providing curricular and instructional methodologies utilized in the education of the mildly and moderately disabled, and sources of curriculum materials for individuals with disabilities. Curricula for the development of cognitive, academic, social, language and functional life skills for individuals with exceptional learning needs, and related instructional and remedial methods and techniques, including appropriate assistive technology. The focus of these experiences is for students at the 7–12 level. This preparation must include alternatives for teaching skills and strategies to individuals with disabilities who differ in degree and nature of disability, and the integration of appropriate age– and ability–level academic instruction.

(5) Managing student behavior and social interaction skills. Preparation in individual behavioral management, behavioral change strategies, and classroom management theories, methods, and techniques for individuals with exceptional learning needs. Theories of behavior problems in individuals with disabilities and the use of nonaversive techniques for the purpose of controlling targeted behavior and maintaining attention of individuals with disabilities. Design, implement, and evaluate instructional programs that enhance an individual’s social participation in family, school, and community activities.

(6) Communication and collaborative partnerships. Awareness of the sources of unique services, networks, and organizations for individuals with disabilities including transitional support. Knowledge of family systems, family dynamics, parent rights, advocacy, multicultural issues, and communication to invite and appreciate many different forms of parent involvement. Strategies for working with regular classroom teachers, support services personnel, paraprofessionals, and other individuals involved in the educational program. Knowledge of the collaborative and consultative roles of special education teachers in the integration of individuals with disabilities into the general curriculum and classroom.

(7) Transitional collaboration. Sources of services, organizations, and networks for individuals with mild and moderate disabilities, including career, vocational and transitional support to postschool settings with maximum opportunities for decision making and full participation in the community.

(8) Student teaching. Student teaching in a 7–12 mild and moderate special education program.

c. Option 2—K–6 mild and moderate. To obtain this endorsement, the applicant must hold a valid Iowa license with either a K–6 or 7–12 special education instructional endorsement and must meet the following basic requirements in addition to those set out in paragraph 15.2(1)“a.”

(1) Child growth and development with emphasis on the emotional, physical, and mental characteristics of elementary age children, unless completed as part of the professional education core. See 282—subrule 14.19(3).

(2) Methods and materials for teaching elementary language arts.

(3) Remedial reading.

(4) Elementary curriculum methods and material, un–less completed as part of another elementary level endorse–ment program (e.g., 282—subrule 14.20(2), 14.20(3), or 14.20(12), or a similar elementary endorsement program).

(5) Methods and materials for teaching elementary mathematics.

d. Option 2—7–12 mild and moderate. To obtain this endorsement, the applicant must hold a valid Iowa license with either a K–6 or 7–12 special education instructional endorsement and must meet the following basic requirements in addition to those set out in paragraph 15.2(1)“b.”

(1) Adolescent growth and development with emphasis on the emotional, physical, and mental characteristics of adolescent age children, unless completed as part of the professional education core. See 282—subrule 14.19(3).

(2) Adolescent reading or secondary content area reading.

(3) Secondary or adolescent reading diagnosis and remediation.

(4) Methods and materials for teaching adolescents with mathematics difficulties or mathematics for the secondary level special education teacher.

(5) Secondary methods unless completed as part of the professional education core. See 282—subrule 14.19(3).

ITEM 11. Amend rule 282—15.2(272) by adopting the following new subrule:

15.2(16) Instructional strategist II: behavior disorders/learning disabilities. This endorsement authorizes instruction in programs serving students with behavior disorders and learning disabilities from age 5 to age 21 (and to a maximum allowable age in accordance with Iowa Code section 256B.8).

The applicant must present evidence of having completed the following program requirements.

a. Foundations of special education. The philosophical, historical and legal bases for special education, including the definitions and etiologies of individuals with disabilities, exceptional child, and including individuals from culturally and linguistically diverse backgrounds.

b. Characteristics of learners. Preparation which includes various etiologies of behavior disorders and learning disabilities, an overview of current trends in educational programming for students with behavior disorders and learning disabilities, educational alternatives and related services, and the importance of the multidisciplinary team in providing more appropriate educational programming from age 5 to age 21. Preparation in the social, emotional and behavioral characteristics of individuals with behavior disorders and learning disabilities including the impact of such characteristics on classroom learning as well as associated domains such as social functioning and at–risk behaviors which may lead to involvement with the juvenile justice or mental health system. Preparation in the psychological and social–emotional characteristics of individuals with behavior disorders and learning disabilities must include the major social characteristics of individuals with behavior disorders and the effects of dysfunctional behavior on learning, and the social and emotional aspects of individuals with learning disabilities including social imperceptiveness and juvenile delinquency.

Physical development, physical disability and health impairments as they relate to the development and behavior of students with behavior disorders and the medical factors influencing individuals with learning disabilities, including intelligence, perception, memory and language development.

c. Assessment, diagnosis and evaluation. Legal provisions, regulations and guidelines regarding unbiased assessment and use of psychometric instruments and instructional assessment measures with individuals with disabilities. Application of assessment results to individualized program development and management, and the relationship between assessment and placement decisions. Knowledge of any specialized strategies such as functional behavioral assessment and any specialized terminology used in the assessment of various disabling conditions.

d. Methods and strategies. Methods and strategies which include numerous models for providing curricular and instructional methodologies utilized in the education of behavior and learning disabled students, and sources of curriculum materials for individuals with disabilities. Curricula for the development of cognitive, academic, social, language and functional life skills for individuals with exceptional learning needs, and related instructional and remedial methods and techniques, including appropriate assistive technology. The focus of these experiences is for students at all levels from age 5 to age 21. This preparation must include alternatives for teaching skills and strategies to individuals with disabilities who differ in degree and nature of disability, and the integration of appropriate age– and ability–level academic instruction.

e. Managing student behavior and social interaction skills. Preparation in individual behavioral management, behavioral change strategies, and classroom management theories, methods, and techniques for individuals with exceptional learning needs. Theories of behavior problems in individuals with disabilities and the use of nonaversive techniques for the purpose of controlling targeted behavior and maintaining attention of individuals with disabilities. Design, implement, and evaluate instructional programs that enhance an individual’s social participation in family, school, and community activities.

f. Communication and collaborative partnerships. Awareness of the sources of unique services, networks, and organizations for individuals with disabilities including transitional support. Knowledge of family systems, family dynamics, parent rights, advocacy, multicultural issues, and communication to invite and appreciate many different forms of parent involvement. Strategies for working with regular classroom teachers, support services personnel, paraprofessionals, and other individuals involved in the educational program. Knowledge of the collaborative and consultative roles of special education teachers in the integration of individuals with disabilities into the general curriculum and classroom.

g. Transitional collaboration. Sources of services, organizations, and networks for individuals with behavior and learning disabilities, including career, vocational and transitional support to postschool settings with maximum opportunities for decision making and full participation in the community.

h. Student teaching. Student teaching in programs across the age levels of this endorsement. If the student teaching program has a unique age–level emphasis (e.g., K–6 or 7–12), there must be planned activities which incorporate interactive experiences at the other age level.

ITEM 12. Amend rule 282—15.2(272) by adopting the following new subrule:

15.2(17) Instructional strategist II: mental disabilities. This endorsement authorizes instruction in programs serving students with mental disabilities from age 5 to age 21 (and to a maximum allowable age in accordance with Iowa Code section 256B.8).

The applicant must present evidence of having completed the following program requirements.

a. Foundations of special education. The philosophical, historical and legal bases for special education, including the definitions and etiologies of individuals with disabilities, exceptional child, and including individuals from culturally and linguistically diverse backgrounds.

b. Characteristics of learners. Preparation which includes various etiologies of mental disabilities, an overview of current trends in educational programming for students with mental disabilities, educational alternatives and related services, and the importance of the multidisciplinary team in providing more appropriate educational programming from age 5 to age 21. Preparation must also provide for an overview of the general developmental, academic, social, career and functional characteristics of individuals with mental disabilities as the characteristics relate to levels of instructional support required. This preparation must include the causes and theories of intellectual disabilities and implications and preventions; the psychological characteristics of students with mental and developmental disabilities, including cognition, perception, memory, and language development; medical complications and implications for student support needs, including seizure management, tube feeding, catheterization and CPR; and the medical aspects of intellectual disabilities and their implications for learning. The social–emotional aspects of mental disabilities, including adaptive behavior, social competence, social isolation and learned helplessness.

c. Assessment, diagnosis and evaluation. Legal provisions, regulations and guidelines regarding unbiased assessment and use of psychometric instruments and instructional assessment measures with individuals with disabilities. Application of assessment results to individualized program development and management, and the relationship between assessment and placement decisions. Knowledge of any specialized strategies such as functional behavioral assessment and any specialized terminology used in the assessment of various disabling conditions.

d. Methods and strategies. Methods and strategies which include numerous models for providing curricular and instructional methodologies utilized in the education of mentally disabled students, and sources of curriculum materials for individuals with disabilities. Curricula for the development of cognitive, academic, social, language and functional life skills for individuals with exceptional learning needs, and related instructional and remedial methods and techniques. The focus of these experiences is for students at all levels from age 5 to age 21. This preparation must include alternatives for teaching skills and strategiesto individuals with disabilities who differ in degree and nature of disability, and the integration of appropriate age– and ability–level academic instruction.

Proficiency in adapting age–appropriate curriculum to facilitate instruction within the general education setting, to include partial participation of students in tasks, skills facilitation, collaboration, and support from peers with and without disabilities; the ability to select and use augmentative and alternative communications methods and systems. An understanding of the impact of speech–language development on behavior and social interactions.

Approaches to create positive learning environments for individuals with special needs and approaches to utilize assistive devices for individuals with special needs.

The design and implementation of age–appropriate instruction based on the adaptive skills of students with mental disabilities; integrate selected related services into the instructional day of students with mental disabilities. Knowledge of culturally responsive functional life skills relevant to independence in the community, personal living, and employment.

Use of appropriate physical management techniques including positioning, handling, lifting, relaxation, and range of motion and the use and maintenance of orthotic, prosthetic, and adaptive equipment effectively.

e. Managing student behavior and social interaction skills. Preparation in individual behavioral management, behavioral change strategies, and classroom management theories, methods, and techniques for individuals with exceptional learning needs. Theories of behavior problems in individuals with mental disabilities and the use of nonaversive techniques for the purpose of controlling targeted behavior and maintaining attention of individuals with disabilities. Design, implement, and evaluate instructional programs that enhance an individual’s social participation in family, school, and community activities.

f. Communication and collaborative partnerships. Awareness of the sources of unique services, networks, and organizations for individuals with disabilities including transitional support. Knowledge of family systems, family dynamics, parent rights, advocacy, multicultural issues, and communication to invite and appreciate many different forms of parent involvement. Strategies for working with regular classroom teachers, support services personnel, paraprofessionals, and other individuals involved in the educational program. Knowledge of the collaborative and consultative roles of special education teachers in the integration of individuals with disabilities into the general curriculum and classroom.

g. Transitional collaboration. Sources of services, organizations, and networks for individuals with mental disabilities, including career, vocational and transitional support to postschool settings with maximum opportunities for decision making and full participation in the community.

h. Student teaching. Student teaching in programs across the age levels of this endorsement. If the student teaching program has a unique age–level emphasis (e.g., K–6 or 7–12), there must be planned activities which incorporate interactive experiences at the other age level.

ITEM 13. Amend rule 282—15.2(272) by adopting the following new subrule:

15.2(18) Instructional strategist II: physical disabilities. This endorsement authorizes instruction in programs serving students with physical disabilities from age 5 to age 21 (and to a maximum allowable age in accordance with Iowa Code section 256B.8).

The applicant must present evidence of having completed the following program requirements.

a. Foundations of special education. The philosophical, historical and legal bases for special education, including the definitions and etiologies of individuals with disabilities, exceptional child, and including individuals from culturally and linguistically diverse backgrounds.

b. Characteristics of learners. Preparation which includes various etiologies and characteristics of physical disabilities across the life span, secondary health care issues that accompany specific physical disabilities, an overview of current trends in educational programming for students with physical disabilities, educational alternatives and related services, and the importance of the multidisciplinary team in providing more appropriate educational programming from age 5 to age 21. Preparation must also provide for an overview of the general developmental, academic, social, career and functional characteristics of individuals with physical disabilities as the characteristics relate to levels of instructional support required.

c. Assessment, diagnosis and evaluation. Legal provisions, regulations and guidelines regarding unbiased assessment and use of psychometric instruments and instructional assessment measures with individuals with disabilities. Application of assessment results to individualized program development and management, and the relationship between assessment and placement decisions. Knowledge of any specialized strategies such as functional behavioral assessment and any specialized terminology used in the assessment of various disabling conditions.

d. Methods and strategies. Methods and strategies which include numerous models for providing curricular and instructional methodologies utilized in the education of physically disabled students, and sources of curriculum materials for individuals with disabilities. Curricula for the development of cognitive, academic, social, language and functional life skills for individuals with exceptional learning needs, and related instructional and remedial methods and techniques. The focus of these experiences is for students at all levels from age 5 to age 21. This preparation must include alternatives for teaching skills and strategiesto individuals with disabilities who differ in degree and nature of disability, and the integration of appropriate age– and ability–level academic instruction.

Research–supported instructional practices, strategies, and adaptations necessary to accommodate the physical and communication characteristics of students with physical disabilities, including appropriate assistive technology and alternative positioning to permit students with physical disabilities full participation and access to the general curriculum as well as social environments. Design and implement an instructional program that addresses instruction in independent living skills, vocational skills, and career education for students with physical disabilities and instructional strategies for medical self–management procedures by students.

e. Managing student behavior and social interaction skills. Preparation in individual behavioral management, behavioral change strategies, and classroom management theories, methods, and techniques for individuals with exceptional learning needs. Theories of behavior problems in individuals with physical disabilities and the use of nonaversive techniques for the purpose of controlling targeted behavior and maintaining attention of individuals with disabilities. Design, implement, and evaluate instructional programs that enhance an individual’s social participation in family, school, and community activities.

f. Communication and collaborative partnerships. Awareness of the sources of unique services, networks, and organizations for individuals with disabilities including transitional support. Knowledge of family systems, family dynamics, parent rights, advocacy, multicultural issues, and communication to invite and appreciate many different forms of parent involvement. Strategies for working with regular classroom teachers, support services personnel, paraprofessionals, and other individuals involved in the educational program. Knowledge of the collaborative and consultative roles of special education teachers in the integration of individuals with disabilities into the general curriculum and classroom.

g. Transitional collaboration. Sources of services, organizations, and networks for individuals with physical disabilities, including career, vocational and transitional support to postschool settings with maximum opportunities for decision making and full participation in the community.

h. Student teaching. Student teaching in programs across the age levels of this endorsement. If the student teaching program has a unique age–level emphasis (e.g., K–6 or 7–12), there must be planned activities which incorporate interactive experiences at the other age level.

ITEM 14. Amend rule 282—15.2(272) by adopting the following new subrule:

15.2(19) Early childhood—special education. This endorsement authorizes instruction at the PK–K level only for instructional special education programs without regard to the instructional model.

The applicant must present evidence of having completed the following program requirements.

a. Foundations of special education. The philosophical, historical and legal bases for special education, including the definitions and etiologies of individuals with disabilities, exceptional child, and including individuals from culturally and linguistically diverse backgrounds.

b. Characteristics of learners. Preparation which includes an overview of current trends in educational programming and theories of child development, both typical and atypical; the identification of pre–, peri–, and postnatal development and factors that affect children’s development and learning. Identification of specific disabilities, including the etiology, characteristics, and classification of common disabilities in young children.

Application of the knowledge of cultural and linguistic diversity and the significant sociocultural context for the development of and learning in young children.

c. Assessment, diagnosis and evaluation. Legal provisions, regulations and guidelines regarding unbiased assessment and use of psychometric instruments and instructional assessment measures with individuals with disabilities. Application of assessment results to individualized program development and management, and the relationship between assessment and placement decisions. Knowledge of any specialized strategies such as functional behavioral assessment and any specialized terminology used in the assessment of various disabling conditions. Assess children’s cognitive, social–emotional, communication, motor, adaptive, and aesthetic development; and select, adapt, and administer assessment instruments and procedures for specific sensory and motor disabilities.

d. Methods and strategies. Methods and strategies which include numerous models to plan and implement appropriate curricular and instructional practices based on knowledge of individual children, the family, the community, and curricular goals and content. Select intervention curricula and methods for children with specific disabilitiesincluding motor, sensory, health, communication, social–emotional and cognitive disabilities.

Implement developmentally and functionally appropriate individual and group activities using a variety of formats; develop and implement an integrated curriculum that focuses on special education children from birth to age six, and incorporate information and strategies from multiple disciplines in the design of intervention strategies.

Curricula for the development of cognitive, academic, social, language and functional life skills for individuals with exceptional learning needs, and related instructional and remedial methods and techniques, including appropriate assistive technology. This preparation must include alternatives for teaching skills and strategies to individuals with disabilities who differ in degree and nature of disability, and the integration of appropriate age– and ability–level academic instruction.

e. Managing student behavior and social interaction skills. Preparation in individual behavioral management, behavioral change strategies, and classroom management theories, methods, and techniques for individuals with exceptional learning needs. Theories of behavior problems in individuals with disabilities and the use of nonaversive techniques for the purpose of controlling targeted behavior and maintaining attention of individuals with disabilities. Design, implement, and evaluate instructional programs that enhance an individual’s social participation in family, school, and community activities.

f. Communication and collaborative partnerships. Awareness of the sources of unique services, networks, and organizations for individuals with disabilities including transitional support. Knowledge of family systems, family dynamics, parent rights, advocacy, multicultural issues, and communication to invite and appreciate many different forms of parent involvement. Strategies for working with regular classroom teachers, support services personnel, paraprofessionals, and other individuals involved in the educational program. Knowledge of the collaborative and consultative roles of special education teachers in the integration of individuals with disabilities into the general curriculum and classroom.

g. Student teaching. Student teaching in a PK–K special education program.

[Filed 8/16/01, effective 12/31/01]

[Published 9/5/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 9/5/01.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby adopts amendments to Chapter 12, “General Accreditation Standards,” Iowa Administrative Code.

The amendments incorporate the requirements of Chapter 61, “Schools, Programs and Support Services for Dropouts and Dropout Prevention,” into the comprehensive school improvement plans of school districts that access allowable growth funds for at–risk student programming.

These amendments reflect program requirements for schools that access allowable growth funds for at–risk student programming. Therefore, a waiver of these amendments is not required.

Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 0608B on April 18, 2001. Interested persons were allowed to comment on the proposed amendments prior to publication of the Notice and in two public hearings held May 16 and 17, 2001. Nine people attended the public hearings, with four giving comments; one written comment was received. These amendments are identical to those published under Notice.

The State Board of Education adopted these amendments on August 10, 2001.

These amendments will become effective on October 10, 2001.

These amendments are intended to implement Iowa Code sections 257.38 to 257.41.

The following amendments are adopted.

ITEM 1. Amend rule 281—12.2(256) by adopting the following new definitions in alphabetical order:

“Alternative options education programs” means alternative programs or schools as identified in Iowa Code section 280.19A.

“Alternative program” means a class or environment established within the regular educational program and designed to accommodate specific student educational needs such as, but not limited to, work–related training; reading, mathematics or science skills; communication skills; social skills; physical skills; employability skills; study skills; or life skills.

“Alternative school” means an environment established apart from the regular educational program and that includes policies and rules, staff, and resources designed to accommodate student needs and to provide a comprehensive education consistent with the student learning goals and content standards established by the school district or by the school districts participating in a consortium. Students attend by choice.

“At–risk student” means any identified student who needs additional support and who is not meeting or not expected to meet the established goals of the educational program (academic, personal/social, career/vocational). At–risk students, other than students with disabilities, include but are not limited to students in the following groups: homeless children and youth, dropouts, returning dropouts, and potential dropouts.

“Dropout” means a school–age student who is served by a public school district and enrolled in any of grades seven through twelve and who does not attend school or withdraws from school for a reason other than death or transfer to another approved school or school district or has been expelled with no option to return.

“Potential dropouts” means resident pupils who are enrolled in a public or nonpublic school who demonstrate poor school adjustment as indicated by two or more of the following:

1. High rate of absenteeism, truancy, or frequent tardiness.

2. Limited or no extracurricular participation or lack of identification with school including, but not limited to, expressed feelings of not belonging.

3. Poor grades including, but not limited to, failing in one or more school subjects or grade levels.

4. Low achievement scores in reading or mathematics which reflect achievement at two years or more below grade level.

“Returning dropouts” means resident pupils who have been enrolled in a public or nonpublic school in any of grades seven through twelve who withdrew from school for a reason other than transfer to another school or school district and who subsequently enrolled in a public school in the district.

ITEM 2. Amend subrule 12.5(13) as follows:

12.5(13) Provisions for at–risk students. Each school district shall make provisions include in its comprehensive school improvement plan the following provisions for meeting the needs of at–risk students:. Valid valid and systematic procedures and criteria shall be used to identify at–risk students within throughout the school district’s school–age population,. Provisions for at–risk students shall include the following: modified instructional practices; specialized curriculum; parental involvement; and in–school and community–based support services as required in Iowa Code sections 256.11, 280.19, and 280.19A. determination of appropriate ongoing educational strategies for alternative options education programs as required in Iowa Code section 280.19A, and Each school district shall review and evaluate evaluation its at–risk program of the effectiveness of provisions for at–risk students. This subrule does not apply to accredited nonpublic schools.

For those Each school districts requesting to use district using additional allowable growth for its at–risk program provisions for at–risk students, the comprehensive school improvement plan shall incorporate the requirements specified in Iowa Code sections 257.38 to 257.40. educational program goals for at–risk students into its comprehensive school improvement plan. Provisions for at–risk students shall align with the student learning goals and content standards established by the school district or by school districts participating in a consortium. The comprehensive school improvement plan shall also include objectives, activities, cooperative arrangements with other service agencies and service groups, and strategies for parental involvement to meet the needs of at–risk children. The incorporation of these requirements into a school district’s comprehensive school improvement plan shall serve as the annual application for additional allowable growth designated in Iowa Code section 257.38.

[Filed 8/10/01, effective 10/10/01]

[Published 9/5/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 9/5/01.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby rescinds Chapter 61, “Schools, Programs and Support Services for Dropouts and Dropout Prevention,” Iowa Administrative Code.

The requirements of this chapter are being incorporated into 281—Chapter 12, “General Accreditation Standards.”

Notice of Intended Action was published in the April 18, 2001, Iowa Administrative Bulletin as ARC 0609B. Interested persons were allowed to comment at two public hearings on May 16 and May 17, 2001. Nine people attended the hearing, four responded at the public hearing, and one person responded through the mail. This amendment is identical to that published under Notice.

This amendment will become effective October 10, 2001.

This amendment is intended to implement Iowa Code sections 257.38 to 257.41.

The following amendment is adopted.

Rescind and reserve 281—Chapter 61.

[Filed 8/10/01, effective 10/10/01]

[Published 9/5/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 9/5/01.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby amends Chapter 72, “Accreditation of Area Education Agency Programs and Services,” Iowa Administrative Code.

The amendments to Chapter 72 change the requirements for AEA comprehensive planning, annual progress reporting and accreditation site visits, and create uniform language between the rules and Iowa Code.

These amendments reflect statutory provisions. Therefore, a waiver of these rules or any portion of these rules would conflict with state law.

Notice of Intended Action was published in the April 18, 2001, Iowa Administrative Bulletin as ARC 0605B. Interested persons were allowed to comment on the proposed rules prior to notice and in two public hearings held May 9 and May 15, 2001. Eight people attended the public hearings; one written comment was received. Any references to inclusive schools have been removed.

These amendments are intended to implement Iowa Code section 273.10.

The State Board of Education adopted these amendments on August 10, 2001.

These amendments will become effective on October 10, 2001.

The following amendments are adopted.

ITEM 1. Amend 281—Chapter 72, title, as follows:

CHAPTER 72
ACCREDITATION OF AREA EDUCATION AGENCY PROGRAMS AND SERVICES AGENCIES

ITEM 2. Amend rule 281—72.1(273) as follows:

281—72.1(273) Scope. The purpose of Iowa’s early childhood through twelfth grade educational system is to support learning for all students. Area education agencies, as part of that system, exist to provide leadership and equitable services for school improvement leadership and services to schools and school districts in order to enable every learner to perform at higher education levels. The programs and services of an area Area education agency agencies are subject to accreditation by the state board of education as specified in Iowa Code section 273.10. These rules apply to the accreditation of area education agency programs and services agencies.

ITEM 3. Amend rule 281—72.2(273) as follows:

Adopt the following new definitions in alphabetical order:

“Agencywide goals” means cross–divisional desired targets to be reached over an extended period of time, derived from agencywide needs assessment and state and local student learning needs, and upon which services are focused.

“Baseline data” means information gathered at a selected point in time and used thereafter as a basis from which to monitor change.

“Equitable” means that services provided by an AEA are accessible to all schools and school districts within the agency’s service region.

“External knowledge base” means what is known, such as research and student achievement data, from the state or the nation about how learners in other settings perform and respond in a content area such as reading, mathematics, or science, as well as what is known about developing a learning environment that will support the desired student performance and response in a content area such as reading, mathematics, or science.

“Indicators of improvement” means internal data the agency uses to determine how well its continuous improvement processes are implemented.

“Indicators of quality” means external data sources which measure the effectiveness of services.

“School” means an accredited nonpublic school.

“School district” means a public school district.

“State indicators” means the school and school district indicators defined in 281—paragraph 12.8(3)“a.”

Rescind the definition of “schools.”

ITEM 4. Amend rule 281—72.3(273) as follows:

281—72.3(273) Accreditation components. To be accredited by the board and maintain accreditation status, an AEA shall: have provide an approved three–year comprehensive plan, an approved annual budget and plan update, and approved programs and services following a comprehensive on–site review. services which meet the standards defined in rule 281—72.4(273), establish a comprehensive improvement plan as defined in rule 281—72.9(273), submit a board–approved annual budget as defined in subrule 72.10(1), and annually provide a progress report as defined in subrule 72.10(2).

ITEM 5. Rescind rule 281—72.4(273) and adopt the following new rule in lieu thereof:

281—72.4(273) Standards for services. An AEA shall provide services that meet these standards as evidenced by, but not limited to, the descriptors following each standard. These services shall be accessible to all schools and school districts within the agency’s service region.

72.4(1) The AEA shall deliver services for school–community planning. The AEA assists schools and school districts in assessing needs of all students, developing collaborative relationships among community agencies, establishing shared direction, implementing actions to meet goals, and reporting progress toward goals.

72.4(2) The AEA shall deliver professional development services for schools, school districts and AEA instructional, administrative, and support personnel. The AEA anticipates and responds to schools’ and school districts’ needs; supports proven and emerging educational practices; aligns with school and school district comprehensive long–range and annual improvement goals; uses adult learning theory; supports improved teaching; uses theory, demonstration, practice, feedback, and coaching; and addresses professional development activities as required by the Iowa Code or administrative rules.

72.4(3) The AEA shall deliver curriculum, instruction, and assessment services that address the areas of reading, language arts, mathematics, and science but may also be applied to other curriculum areas. These services support the development, implementation, and assessment of rigorous content standards in, but not limited to, reading, mathematics, and science. The AEA assists schools and school districts in gathering and analyzing student achievement data as well as data about the learning environment, compares those data to the external knowledge base, and uses that information to guide school and school district goal setting and implementation of actions to improve student learning.

72.4(4) The AEA shall address the diverse learning needs of all children and youth, including but not limited to services which address gifted and talented students, and meet the unique needs of students with disabilities who require special education. Services provide support to schools and school districts and include special education compliance with Iowa administrative rules for special education.

72.4(5) The AEA shall provide services that support multicultural, gender–fair approaches to the educational program pursuant to Iowa Code section 256.11. These services assist schools and school districts to take actions that ensure all students are free from discriminatory acts and practices; to establish policies and take actions that ensure all students are free from harassment; to incorporate into the educational program instructional strategies and student activities related to responsibilities, rights, and the respect for diversity which are necessary for successful citizenship in a diverse community and a global economy; and to incorporate on an ongoing basis activities within professional development that prepare and assist all employees to work effectively with diverse learners.

72.4(6) The AEA shall deliver media services. These services align with school and school district needs, support effective instruction, and provide consultation, research and information services, instructional resources, and materials preparation and dissemination to assist schools and school districts to meet the learning needs of all students and support local district media services. These services support the implementation of content standards in, but not limited to, reading, mathematics, and science. These services also support and integrate emerging technology.

72.4(7) The AEA shall supplement and support effective instruction for all students through school technology services. These services provide technology planning, technical assistance, and professional development, and support the incorporation of instructional technologies to improve student achievement. These services support the implementation of content standards in, but not limited to, reading, mathematics, and science. These services support and integrate emerging technology.

72.4(8) The AEA shall deliver services that develop leadership based upon the Iowa Standards for School Administrators as adopted by the board of educational examiners. Leadership services assist with recruitment, induction, retention, and professional development of educational leaders. AEAs develop and deliver leadership programs based on local and state educational needs and best practices.

72.4(9) The AEA shall deliver management services if requested. If the AEA provides management services to school districts, the services shall conform to the provisions of Iowa Code section 273.7A.

ITEM 6. Rescind and reserve rule 281—72.5(273).

ITEM 7. Rescind and reserve rule 281—72.7(273).

ITEM 8. Amend rule 281—72.9(273), introductory paragraph, as follows:

281—72.9(273) Comprehensive improvement plan. Each AEA, using forms provided on a cycle established by the department, shall submit to the department a comprehensive improvement plan describing its programs and services. The plan shall be the basis for the improvement actions taken by the agency and shall also serve as a basis for the comprehensive site visit.

ITEM 9. Rescind subrule 72.9(1) and adopt the following new subrule in lieu thereof:

72.9(1) Comprehensive improvement plan contents. At a minimum, the comprehensive improvement plan for an AEA shall include the following:

a. Needs assessment. The plan shall contain a description of how the AEA conducts ongoing needs assessment.

b. Needs assessment summary. The plan shall contain a summary of the findings from agencywide needs assessment. The summary, at a minimum, shall include the following:

(1) Findings from AEA internal needs assessment which includes, at a minimum, four indicators of improvement:

1. Implementation of a continuous improvement model;

2. Implementation of services that respond to schools’ and school districts’ needs;

3. Demonstration of proactive leadership;

4. Use of data to implement actions to improve student learning;

(2) Findings from school and school district state indicator data;

(3) Findings from reviews of school and school district comprehensive school improvement plans;

(4) Findings from the department’s comprehensive site visit reports to schools and school districts;

(5) Findings from AEA comprehensive site visit reports; and

(6) Findings from the department’s statewide customer service survey.

c. Agencywide goals. The plan shall contain agencywide goals developed as a result of needs assessment findings. Agencywide goals shall be measurable and, at a minimum, focused on assisting schools and school districts with the school improvement process and improving teaching and learning as evidenced in the indicators of quality as prescribed in subrule 72.10(2).

d. Services. The plan shall describe the services developed to meet agencywide goals and to meet the standards defined in this chapter.

e. Action plans. The plan shall include agencywide actions to accomplish agencywide goals. Action plans shall include evidence of meeting all standards for services. Action plans shall include provisions for equitable availability of services. The agencywide action plans shall include, at a minimum, the following components:

(1) Agencywide data sources;

(2) Agencywide baseline data;

(3) Services to meet the agencywide goals;

(4) Agencywide resources, which include funding, staff allocation, and time and may be delivered directly, through contractual agreements, and through collaborative arrangements with other educational or community agencies;

(5) Agencywide responsible parties that will monitor the implementation of services in the action plan;

(6) A system for measuring the efficiency and effectiveness of services; and

(7) A process for reporting progress toward agencywide goals.

f. Provisions for management services. If the AEA provides management services to school districts, the plan shall include a description of how the agency provides those services as described in Iowa Code section 273.7A.

ITEM 10. Rescind and reserve subrule 72.9(2).

ITEM 11. Amend subrule 72.9(3) as follows:

72.9(3) Approval Comprehensive improvement plan review process.

a. The comprehensive improvement plan of an AEA shall be reviewed by a team of the department to determine if the plan meets the requirements of this chapter. An AEA will be provided reasonable time to correct any deficiencies. staff members appointed by the director. Following the review of an AEA’s plan, the team shall recommend to the director whether the plan meets the requirements of this chapter. The AEA shall be provided with the opportunity to respond to the review team’s report.

ITEM 12. Amend rule 281—72.10(273), introductory paragraph, as follows:

281—72.10(273) Annual budget and plan update annual progress report. Each AEA shall submit to the board an annual budget as required by Iowa Code section 273.3 and shall provide a an annual progress report on the agency’s three–year plan indicators of quality and the agencywide goals.

ITEM 13. Amend subrule 72.10(1) as follows:

72.10(1) Annual budget. An annual budget shall be submitted by an AEA accredited by the board or an AEA that has been given conditional accreditation by the board as described in Iowa Code section 273.3(12) and subrule 72.11(4) to the board for approval, on forms provided by the department, no later than March 15 preceding the next fiscal year for approval. The board shall review the proposed budget and agency plan and shall, before April 1, either grant approval or return the budget without approval with comments of the board included. An unapproved budget shall be resubmitted to the board for final approval no later than April 15. For the fiscal year beginning July 1, 1999, and each succeeding fiscal year, the board shall give final approval only to budgets:

ITEM 14. Amend subrule 72.10(2) as follows:

72.10(2) Plan update. Annual progress report. An AEA shall annually submit with its annual budget a written progress report to its schools and school districts and the department and make the report available to the public. on the agency’s three–year plan on forms provided by the department. The report shall identify the agency’s progress on the plan’s intended results and any changes or modifications to the plan in response to the agency’s ongoing monitoring of progress. The report shall be reviewed by a team of department staff members appointed by the director of the department. The review team shall report to the director its findings and recommendation regarding approval of the report. The AEA shall be provided with the opportunity to respond to the review team’s report. The director shall present the review team’s findings to the board and recommend action by the board. The board shall determine whether an AEA’s annual report is approved. An annual report may be approved in part and subject to the remedying of deficiencies or omissions. The report shall include, but not be limited to, the following information:

(2) Improved student learning. An AEA assists schools and school districts in:

ITEM 15. Amend rule 281—72.11(273), catchwords, as follows:

ITEM 16. Amend subrule 72.11(1) as follows:

72.11(1) On–site review. An accreditation team shall conduct one or more on–site reviews of the AEA for evaluation of its programs and services AEA’s progress toward agencywide goals and shall determine if services meet the standards in this chapter. Prior to an on–site review of an AEA, the accreditation team shall have access to the AEA’s three–year comprehensive improvement plan, and annual plan updates progress report, and annual budget as well as any other information collected by the department relating to the AEA.

ITEM 17. Amend subrule 72.11(2) as follows:

72.11(2) Accreditation team. The membership of the accreditation team shall be determined by the director. Each team member should have appropriate competencies, background, and experiences to enable the member to contribute to the evaluation visit. The team shall include at least four members, but not more than seven members. The team shall include including, but is not limited to:

a. Department staff members.

b. Representatives from large and small schools various sizes of schools and school districts served by the AEA being evaluated.

c. AEA staff members from other AEAs. other than the AEA that is being evaluated for accreditation.

d. Other members Others with expertise as deemed appropriate by the director.

ITEM 18. Amend subrule 72.11(3) as follows:

72.11(3) Accreditation team action. After an on–site review of an AEA, the accreditation team shall determine whether the requirements of this chapter have been met and shall make a report to the director with a recommendation as to whether the AEA program should receive initial accreditation or remain accredited identifying which standards and other accreditation requirements in this chapter an AEA has or has not met. The accreditation team shall report strengths and weaknesses, if any, for each accreditation standard or requirement, and shall advise the AEA of available resources and technical assistance to further enhance the strengths and improve areas of weakness. An AEA may respond to the accreditation team’s report by providing to the board factual information concerning its services.

ITEM 19. Amend subrule 72.11(4) as follows:

72.11(4) State board consideration of accreditation Accreditation. All AEAs shall be deemed accredited upon the date of implementation of these rules. The board shall determine whether an AEA’s programs and services shall remain accredited. Approval Accreditation of an AEA’s programs and services AEA by the board shall be based on the recommendation of the director after study of the factual and evaluative evidence on record about the standards and other requirements as described in this chapter and based upon the timely submission of information required by the department on forms provided by the department. If, at any time, the board determines that an AEA has not met all standards and other requirements, the board shall require the AEA to address the deficiencies.

a. Accreditation granted status. Continuation of accreditation, if granted, shall be for a term of three years; however, approval for a lesser term may be granted by the board if it determines conditions so warrant After completion of the comprehensive site visit under rule 281—72.11(273), the board shall grant continuation of accreditation if all standards and other requirements are met. If the board determines that an AEA has not met all standards and other requirements, the board shall grant conditional accreditation to the agency.

b. Accreditation denied or conditional Conditional accreditation. If the board denies accreditation or grants conditional accreditation, the department shall notify the administrator of the AEA, and each member of the board of directors of the AEA, and the schools served by the AEA within 15 days. The notice shall contain a description of the accreditation deficiencies. areas in which improvement or changes are essential for approval. The AEA shall be given the opportunity to present factual information concerning the services at the next regularly scheduled meeting of the board.

c. Remediation plan. Upon denial of accreditation or the granting of conditional accreditation by the board, the director, in cooperation with the board of directors of the AEA, shall establish a remediation plan. The remediation plan shall describe how the AEA will correct deficiencies to meet accreditation standards and shall establish a timeline and deadline date for correction of the deficiencies. The remediation plan is subject to the approval of the board. Upon approval by the board, the AEA shall send copies of the remediation plan to the schools served by the AEA. The AEA shall remain conditionally accredited during the implementation of the remediation plan.

d. Implementation of remediation plan. At intervals prescribed in the remediation plan or at the request of the director, the accreditation team shall revisit the AEA and shall determine whether the deficiencies in the accreditation standards are being or have been corrected and shall make a report and recommendation to the director and the board. The board shall review this report and recommendations and shall determine whether the deficiencies have been corrected.

e. Failure to correct deficiencies. If the deficiencies have not been corrected within the time stipulated in the remediation plan, the board shall remove accreditation of the deficient programs and services agency. At the hearing before the board, the AEA may be represented by counsel and may present evidence. The board may provide for the hearing to be recorded or reported. If requested by the AEA at least 10 days before the hearing, the board shall provide for the hearing to be recorded or reported at the expense of the AEA. Within 30 days after the hearing, the board shall render a written decision approving or removing the accreditation. Action by the board at this time is final agency action for the purposes of Iowa Code chapter 17A. The department shall notify the administrator of the AEA, each member of the board of directors of the AEA, and the schools and school districts served by the AEA of the decision of the board.

f. Required response to removal of accreditation. The After removal of accreditation of the agency, the AEA board of directors shall take one of the following actions within 60 days after removal of accreditation: make provisions for the continuation of services to schools and school districts subject to approval by the state board of education.

[Filed 8/10/01, effective 10/10/01]

[Published 9/5/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 9/5/01.

Pursuant to the authority of Iowa Code section 256.7, the State Board of Education hereby amends Chapter 79, “Standards for Practitioner Preparation Programs,” Iowa Administrative Code.

These amendments separate the rules for teacher preparation programs from the rules for administrator preparation programs.

No waiver provision is included because the Board of Education has adopted agencywide waiver rules.

Notice of Intended Action was published in the April 18, 2001, Iowa Administrative Bulletin as ARC 0606B. The adopted amendments do not differ from those published under Notice. A public hearing was held on May 8, 2001, and one written comment was received. No changes were made as a result of this comment.

These amendments will become effective October 10, 2001.

These amendments are intended to implement Iowa Code sections 256.7, 256.16 and 272.25(1).

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 Ch 79] is being omitted. These amendments are identical to those published under Notice as ARC 0606B, IAB 4/18/01.

[Filed 8/10/01, effective 10/10/01]
[Published 9/5/01]

[For replacement pages for IAC, see IAC Supplement 9/5/01.]

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

The amendments establish a beginning teacher mentoring and induction program designed to assist school districts in support of beginning teachers. The program was established by the 79th General Assembly in 2001 Iowa Acts, Senate File 476 and House File 413.

A waiver provision is not included. The Department has adopted a uniform waiver rule.

Notice of Intended Action was published in the Iowa Administrative Bulletin on June 27, 2001, as ARC 0760B. A public hearing was held on July 18, 2001, over the ICN and five written and oral comments were received. There are two changes to the amendments as published under Notice of Intended Action. The changes were made to clarify the intent of the rule.

Two sentences in 83.3(1) were clarified. The subrule now reads as follows:

“83.3(1) District participation. A school district is eligible to receive moneys appropriated for purposes specified in this chapter if the school board applies to the department to implement a beginning teacher mentoring and induction program in the manner prescribed by the department. A school district, with the coordination of a district facilitator, may provide a beginning teacher mentoring and induction program for all beginning teachers in the school years beginning July 1, 2001, July 1, 2002, and July 1, 2003. A beginning teacher shall be informed by the school district, prior to the beginning teacher’s participation in a mentoring and induction program, of the criteria upon which the beginning teacher shall be evaluated and of the evaluation process utilized by the school district. The beginning teacher shall be comprehensively evaluated to determine successful completion of the program and whether the teacher meets expectations to move to the career level. The school district shall recommend for an educational license a beginning teacher who has successfully completed the program as determined by a comprehensive evaluation. A school district may offer a teacher a third year of participation in the program if, after conducting a comprehensive evaluation, the school district determines that the teacher is likely to successfully complete the mentoring and induction program by the end of the third year of eligibility. A teacher who is granted a third year of eligibility shall be provided with support for the district expectations for a career teacher through the district beginning teacher mentoring and induction program. The school district shall notify the board of educational examiners that the teacher will participate in a third year of the school district’s program. The teacher shall undergo a comprehensive evaluation at the end of the third year. For purposes of comprehensive evaluations for beginning teachers, including the comprehensive evaluation required for the beginning teacher to progress to career teacher, the criteria shall be based upon the models developed pursuant to 2001 Iowa Acts, Senate File 476, section 14, and established pursuant to Iowa Code chapter 20. A participating school district shall participate in state program evaluations.”

These amendments are intended to implement 2001 Iowa Acts, Senate File 476 and House File 413.

These amendments will become effective October 10, 2001.

The following amendments are adopted.

ITEM 1. Amend 281—Chapter 83, title, as follows:

CHAPTER 83
BEGINNING TEACHER MENTORING AND INDUCTION PROGRAM

ITEM 2. Amend rule 281—83.1(256E) as follows:

281—83.1(256E 79GA,SF476,HF413) Purpose. The beginning teacher mentoring and induction program is available to Iowa school districts as a means created to promote excellence in teaching, enhance student achievement, build a supportive environment within school districts, increase the retention of promising beginning teachers, and promote the personal and professional well–being of classroom teachers.

ITEM 3. Amend rule 281—83.2(256E) as follows:

281—83.2(256E 79GA,SF476,HF413) Definitions. For the purpose of these rules, the following definitions shall apply:

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

“Classroom teacher” means an individual who holds a valid practitioner’s license under Iowa Code chapter 272 and who is employed under a teaching contract with a school district or area education agency in the state of Iowa to provide classroom instruction to students.

“Department” means the department of education.

“District facilitator” means a professional licensed in Iowa who is appointed by a board to serve as the liaison between the board and the department for the beginning teacher induction program an individual in Iowa who serves as a coordinator for a district mentoring and induction program.

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

“School board” means the board of directors of a school district or a collaboration of boards of directors of school districts.

“School district” means a public school district.

ITEM 4. Amend rule 281—83.3(256E) as follows:

83.3(1) Area education agency models. District participation. An area education agency shall prepare a model beginning teacher induction program plan and shall provide the model plan to each school district within its area. The plan shall include a model evaluation component by which a school district may measure the effectiveness of its program. The area education agency shall be responsible for monitoring effective practices, integrating those effective practices into the model, and continually updating the model based on those practices. The model shall include the components contained in the state–funded induction program. A school district is eligible to receive moneys appropriated for purposes specified in this chapter if the school board applies to the department to implement a beginning teacher mentoring and induction program in the manner prescribed by the department. A school district, with the coordination of a district facilitator, may provide a beginning teacher mentoring and induction program for all beginning teachers in the school years beginning July 1, 2001, July 1, 2002, and July 1, 2003. A beginning teacher shall be informed by the school district, prior to the beginning teacher’s participation in a mentoring and induction program, of the criteria upon which the beginning teacher shall be evaluated and of the evaluation process utilized by the school district. The beginning teacher shall be comprehensively evaluated to determine successful completion of the program and whether the teacher meets expectations to move to the career level. The school district shall recommend for an educational license a beginning teacher who has successfully completed the program as determined by a comprehensive evaluation. A school district may offer a teacher a third year of participation in the program if, after conducting a comprehensive evaluation, the school district determines that the teacher is likely to successfully complete the mentoring and induction program by the end of the third year of eligibility. A teacher who is granted a third year of eligibility shall be provided with support for the district expectations for a career teacher through the district beginning teacher mentoring and induction program. The school district shall notify the board of educational examiners that the teacher will participate in a third year of the school district’s program. The teacher shall undergo a comprehensive evaluation at the end of the third year. For purposes of comprehensive evaluations for beginning teachers, including the comprehensive evaluation required for the beginning teacher to progress to career teacher, the criteria shall be based upon the models developed pursuant to 2001 Iowa Acts, Senate File 476, section 14, and established pursuant to Iowa Code chapter 20. A participating school district shall participate in state program evaluations.

83.3(2) Eligibility District plan. All school districts are eligible to apply for funding. School districts eligible for the beginning induction program shall meet all of the following: Each participating school district shall develop a sequential two–year beginning teacher mentoring and induction plan based on the Iowa teaching standards. The plan shall be included in the school district’s comprehensive school improvement plan submitted pursuant to Iowa Code section 256.7, subsection 21.

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

(1) a. Goals for the program.

(2) b. A process for the selection of mentors.

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

1. (1) Be consistent with effective staff development practices and adult professional needs to include skills needed for classroom teaching, demonstration, and coaching.

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

3. (3) Demonstrate Result in the mentor’s understanding of the personal and professional needs of new teachers.

4. (4) Demonstrate Provide the mentor’s mentor with an understanding of the district expectations for all teachers beginning teacher competencies based on the Iowa teaching standards.

5. (5) Facilitate the mentor’s ability to provide guidance and support to new teachers.

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

1. (1) The activities Activities that shall provide access and opportunities for interaction between mentor and beginning teacher that at a minimum provide:

2. (2) The identification of Selection process for who will be in the mentor/beginning teacher partnership.

3. (3) Supportive actions of the district Roles and responsibilities of the mentor.

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

(1) An evaluation of the district program goals,

(2) an An evaluation process that provides for the minor and major program revisions, and

(3) a A process for how information about the program will be provided to interested stakeholders.

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

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

(8) h. Activities designed to support beginning teachers by:

(2) Providing research–based instructional strategies. recommended to meet the needs of beginning teachers. Examples include:

ITEM 5. Amend rule 281—83.4(256E) as follows:

281—83.4(256E79GA,SF476,HF413) Program approval Iowa teaching standards. Any district participating in the state–funded induction program must submit an application according to the components established in these rules. Programs shall be awarded a maximum of 425 points according to the following criteria:

ITEM 6. Rescind and reserve rule 281—83.5(256E).

ITEM 7. Amend rule 281—83.6(256E) as follows:

281—83.6(256E 79GA,SF476,HF413) Beginning teacher mentoring and induction program budget. Funds received by a school district from the beginning teacher mentoring and induction program shall be used for any or all of the following purposes:

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

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

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

ITEM 8. Rescind and reserve rule 281—83.7(256E).

ITEM 9. Rescind and reserve rule 281—83.8(256E).

ITEM 10. Amend 281—Chapter 83, implementation sentence, as follows:

These rules are intended to implement Iowa Code Supplement chapter 256E as amended by 2000 Iowa Acts, Senate File 2452, section 25 2001 Iowa Acts, Senate File 476 and House File 413.

[Filed 8/10/01, effective 10/10/01]

[Published 9/5/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 9/5/01.

Pursuant to the authority of Iowa Code section 231.58, the Department of Elder Affairs hereby amends Chapter 16, “Long–Term Care Coordinating Unit,” Iowa Administrative Code.

The Commission for the Department of Elder Affairs adopted these amendments August 16, 2001. Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on July 11, 2001, as ARC 0800B.

These amendments incorporate the “senior living coordinating unit” name change and provide for the addition offour legislative members and inclusion of responsibilities relating to the Iowa Senior Living Program Act as passed by the 78th General Assembly in 2000 Iowa Acts, chapter 1004 [Iowa Code chapter 249H].

A public hearing was held July 31, 2001. One written comment was received. The following revisions were made to the Notice of Intended Action in response to the public comment:

• Paragraph 16.2(5)“a” was revised and now reads as follows:

“a. A simple majority of the voting members of the unit constitutes a quorum.”

• Rule 321—16.4(249D) was revised to delete references to an advisory work group. The inclusion of the advisory work group language in the Notice was an error. The Department of Human Services more appropriately has provided for a temporary work group as part of the request for proposals process.

These amendments are intended to implement Iowa Code chapter 249H.

These amendments shall become effective October 10, 2001.

The following amendments are adopted.

Amend 321—Chapter 16 as follows:

CHAPTER 16
LONG–TERM CARE SENIOR LIVING
COORDINATING UNIT

321—16.1(249D 231) Purpose. The long–term care senior living coordinating unit shall develop mechanisms and procedures to improve long–term care in Iowa. In furthering this purpose the long–term care senior living coordinating unit shall develop procedures, plans, rules and reports as identified in Iowa Code section 249D.58 231.58 and shall provide direction and oversight for disbursement of moneys from the senior living trust fund established by Iowa Code section 249H.4.

321—16.2(249D 231) Organization. The long–term care senior living coordinating unit is created within the department of elder affairs.

16.2(1) Membership. The membership of the coordinating unit consists of:

a. The director of the department of human services;

b. The executive director of the department of elder affairs;

c. The director of the department of public health;

d. The director of the department of inspections and appeals; and

e. Two members appointed by the governor to terms of three years beginning July 1 and ending June 30; and

16.2(2 4) Chairperson and vice–chairperson duties. The chairperson of the unit is chosen from among the voting members on an annual, rotating basis.

a. Rotation is alphabetical by department name.

b. The chairperson’s duties include:

(1) Convening and chairing unit meetings;

(2) Ensuring that unit proceedings are recorded;

(3) Ensuring that minutes of meetings are prepared and distributed;

(4) Ensuring that tentative meeting agendas are prepared and distributed; and

(5) Ensuring that all notices required by Iowa Code section 28A.4 21.4 are given.

c. The vice–chairperson of the unit is chosen from the voting members on an annual basis. The vice–chairperson shall assume the chairperson’s duties in the chairperson’s absence.

16.2(3 5) Quorum and action.

a. A simple majority of the voting members of the unit constitutes a quorum.

b. Action of the unit is not taken except upon the affirmative vote of a majority of the members of the unit. Other materials considered are made a part of the unit’s minutes by reference.

c. In cases not covered by these rules, Robert’s Rules of Order, as amended, shall govern.

321—16.3(249D 231) Meetings. The unit shall meet at least once during each calendar quarter. Meeting dates shall be set by members of the unit at the end of each meeting or by call of the chairperson upon five days’ notice.

16.4(1) The technical and administrative functions of the unit shall be apportioned among the departments of elder affairs, human services, public health, and inspections and appeals and other entities included in the CBAS committee by memorandum of agreement.

321—16.5(249D 231) Communications. Communications to the unit shall be addressed to the department of elder affairs at the address identified in 321—subrule 2.1(2) of these rules unless otherwise specified.

These rules are intended to implement Iowa Code chapter chapters 231 and 249H.

[Filed 8/17/01, effective 10/10/01]

[Published 9/5/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 9/5/01.

Pursuant to the authority of Iowa Code sections 17A.3 and 231.14 and chapter 231B, the Department of Elder Affairs hereby amends Chapter 26, “Elder Group Homes,” Iowa Administrative Code.

The Commission for the Department of Elder Affairs adopted these amendments on August 16, 2001. Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on July 11, 2001, as ARC 0826B.

The amendments are intended to more clearly delineate the waiver, complaint and appeal processes for elder group homes and update language to be consistent with the Iowa Code and other departmental rules and processes in accord–ance with Executive Order Number 11 and Iowa Code section 17A.9A.

A public hearing was held on Tuesday, July 31, 2001. No one attended the hearing, and no written or oral comments were received.

The adopted amendments vary from the Notice as follows:

In 26.8(3)“a”(2), the phrase “a serious or aggravated misdemeanor in the preceding five years, any criminal convic–tion involving controlled substances” was added, and “child or” was added to the provision regarding violation of abuse laws in any state. The paragraph now reads as follows:

“(2) Sign a statement affirming that the resident manager has not been convicted of a felony, a serious or aggravated misdemeanor in the preceding five years, any criminal conviction involving controlled substances, or found to be in violation of the child or dependent adult abuse laws in any state; and”

In paragraph 26.8(3)“b,” the phrase “dependent adult abuse record check” has been added.

These amendments will become effective October 10, 2001.

These amendments are intended to implement Iowa Code chapter 231B and section 17A.9A.

The following amendments are adopted.

ITEM 1. Amend rule 321—26.1(231B), definition of “committee,” as follows:

“Committee” means a care review resident advocate committee established under 321 IAC 9.

ITEM 2. Amend rule 321—26.2(231B) as follows:

a. Is Any any person or nonprofit corporation owning a single–family residence. has the right to apply to the Iowa department of elder affairs for EGH certification for that residence.

ITEM 3. Amend rule 321—26.3(231B) by adopting the following new subrule:

26.3(6) Renewal of certification. A certificate for an elder group home, unless suspended or revoked, shall expire at the end of the time period specified in the certificate and shall be renewed upon application by the owner or operator in accordance with this subrule. In order to obtain a renewal of the elder group home certification, the applicant must submit:

a. The completed application form at least 30 days prior to the expiration of such certificate;

b. The required certification fee for an elder group home with the application for renewal;

c. Documentation by a qualified professional that the following systems have been inspected and are found to be maintained in conformance with the manufacturer’s recommendations and nationally recognized standards: heating, cooling, water heater, electricity, plumbing, sewage, artificial light, and ventilation; and, if applicable, garbage disposal equipment, cooking appliances, laundry equipment and elevators;

d. If the elder group home is contracting personal care from a certified home health agency or a licensed health care facility, a copy of that entity’s current license or monitoring report;

e. Documentation that all employees have received the two–hour training on dependent adult abuse for mandatory reporters;

f. Appropriate changes in the documentation submitted for certification to reflect any changes in the elder group home; and

g. An assurance that all other elements of the elder group home’s operation remain the same as previously submitted.

ITEM 4. Amend subrule 26.6(1) as follows:

26.6(1) Level of care exceptions waivers. Requests for waiver of the level of care limitations for occupants of an elder group home shall comply with the requirements of 321—subrule 1.2(3) in addition to the following standards. The department shall establish a process:

ITEM 5. Amend rule 321—26.7(231B) as follows:

321—26.7(231B) Care review Resident advocate committees. Care review Resident advocate committees for EGHs shall be governed by 321—Chapter 9 unless otherwise required in this chapter.

26.7(1) Committee placement. A care review resident advocate committee shall be established by the department within each city or county with an EGH(s) certified in accordance with this chapter.

26.7(2) Committee ratio. The department shall establish care review resident advocate committees at the ratio of one committee for no more than five EGHs.

26.7(3) Committee visitations. The committee shall visit each EGH assigned to it at a minimum of once a year and within one month following the admission of the first tenant to the EGH.

ITEM 6. Amend subrule 26.8(3) as follows:

26.8(3) Resident manager.

a. The resident manager shall:

(1) be Be 18 years of age or older, of sound mind, essentially capable of physical self–care, and shall reside in the EGH as a primary residence; and

b. (2) The resident manager shall sign an affidavit attesting to not being a substance abuser or to having a record of dependent adult or domestic abuse. Sign a statement affirming that the resident manager has not been convicted of a felony, a serious or aggravated misdemeanor in the preceding five years, any criminal conviction involving controlled substances, or found to be in violation of the child or dependent adult abuse laws in any state; and

b. The elder group home shall conduct a criminal background check and dependent adult abuse record check on each employee hired after July 1, 1998, in accordance with Iowa Code section 135C.33.

c. Any person refusing to sign such an affidavit the statements required in 26.8(3)“a”(2) and (3) or subsequently found to have lied provided false information on said affidavit statements shall not serve as a resident manager.

ITEM 7. Rescind rule 321—26.10(231B) and renumber rule 321—26.11(231B) as 321—26.10(231B).

ITEM 8. Amend rule 321—26.12(231B) as follows:

321—26.12 11(231B) Certification required. Any facility entity that meets the definition of an EGH as defined in Iowa Code Supplement section 231B.1(4) must be certified by the department, excepting those facilities that are certified or licensed under Iowa Code chapter 135C.

ITEM 9. Amend 321—Chapter 26 by adopting the following new rules:

321—26.12(231B) Complaint procedure. Any person with concerns regarding the operations and service delivery of an elder group home may file a complaint with the home– and community–based services division of the department of elder affairs at the address provided in 321—subrule 2.1(2).

26.12(1) The complaint shall include the complainant’s name, address, and telephone number and the complainant’s relationship to the elder group home. The department may elect to act on anonymous complaints if the department, upon preliminary review, determines that the complaint has reasonable basis and is not intended to harass the elder group home.

26.12(2) The complaint shall identify the elder group home and shall include the complainant’s concerns regarding the home.

26.12(3) Upon receipt of a complaint made in accordance with this rule, the department shall make a preliminary review of the complaint. If the department, upon preliminary review, determines that the complaint is intended to harass the elder group home or is without reasonable basis, the department may dismiss the complaint.

26.12(4) Within 20 working days of receipt of a reasonable complaint regarding quality of care, the department shall make or cause to be made an on–site review of the elder group home. If the complaint involves a situation that can reasonably be expected to result in imminent harm, the department shall make or cause to be made an on–site review of the elder group home within 24 hours.

26.12(5) The department shall apply a preponderance of the evidence standard in determining whether or not a complaint is substantiated. Upon conclusion of the investigation, the department shall notify the complainant and elder group home promptly of the results. Notice of results shall include a summary of the complaint(s), the finding(s), and the plan for resolution.

26.12(6) The department’s decision to dismiss a complaint or its determination that a complaint is not substantiated is a final agency action not subject to contested case proceedings, appeal, or judicial review provisions of Iowa Code chapter 17A.

26.12(7) When the nature of a complaint falls outside the department’s authority, the department shall forward or refer complainants to the appropriate investigatory entity.

321—26.13(231B) Denial, suspension, or revocation. The department shall have the authority to deny, suspend or revoke a certificate in any case where the department finds there has been a substantial or repeated failure on the part of the elder group home to comply with the requirements of 321—Chapter 26 or for any of the following reasons:

26.13(1) Cruelty or indifference to elder group home tenants.

26.13(2) Appropriation or conversion of the property of an elder group home tenant without the tenant’s written consent or the written consent of the tenant’s legal guardian.

26.13(3) Permitting, aiding, or abetting the commission of any illegal act in the program.

26.13(4) Obtaining or attempting to obtain or retain a certificate by fraudulent means, misrepresentation, or by submitting false information.

26.13(5) Habitual intoxication or addiction to the use of drugs by the applicant, manager or supervisor of the elder group home.

26.13(6) Securing the devise or bequest of the property of a tenant of an elder group home by undue influence.

26.13(7) Any individual has or has had an ownership interest in an elder group home, assisted living program, home health agency, residential care facility or licensed nursing facility in any state which has been closed due to removal of program, agency, or facility licensure or certification or involuntary termination from participation in either the Medicaid or Medicare program; or has been found to have failed to provide adequate protection or services for tenants to prevent abuse or neglect.

26.13(8) In the case of a certificate applicant or an existing certified owner or operator which is an entity other than an individual, the department may deny, suspend, or revoke a certificate if any individual who is in a position of control or is an officer of the entity engages in any act or omission proscribed by this chapter.

26.14(1) The denial, suspension, or revocation of a certificate shall be effected by delivery to the applicant or certificate holder by certified mail, return receipt requested, or by personal service of a notice setting forth the particular reasons for such action. Such denial, suspension, or revocation shall become effective 30 days after the mailing or service of the notice, unless the applicant or certificate holder, within such 30–day period, gives written notice to the department requesting a hearing, in which case the notice shall be deemed to be suspended.

26.14(2) If the applicant or certificate holder requests a hearing, the department shall transmit the request to the department of inspections and appeals pursuant to 481— 10.4(10A).

26.14(3) The hearing shall be conducted by the department of inspections and appeals pursuant to 481—10.1(10A) to 481—10.24(10A,17A).

26.14(4) At any time at or prior to the hearing, the department may rescind the notice of the denial, suspension, or revocation upon receipt of satisfactory evidence that the reasons for the denial, suspension, or revocation have been or will be removed.

321—26.15(231B) Appeals. All appeals shall be conducted pursuant to 321—subrule 2.7(4).

321—26.16(231B) Judicial review. Procedures for judicial review shall be conducted pursuant to 321—subrule 2.7(6).

321—26.17(231B) Records. The department collects and stores a variety of records in the course of certifying and monitoring elder group homes. Some information stored may be personally identifiable. None is retrievable by personal identifier unless a business uses an individual’s name in the title. Each elder group home record maintained by the department contains both open and confidential information.

26.17(1) Open information includes the following:

a. Certificate application and status;

b. Final findings of state and Medicaid surveys;

c. Records of complaints;

d. Reports from the fire marshal;

e. Plans of correction submitted by the program;

f. Official notices of certificate sanctions; and

g. Findings of fact, conclusions of law, decisions and orders issued pursuant to rules 26.13(231B), 26.14(231B) and 26.15(231B).

26.17(2) Confidential information includes:

a. Monitoring or investigation information which does not comprise a final finding. Monitoring information which does not comprise a final finding may be made public in a proceeding concerning the citation of a program or denial, suspension or revocation of a certificate;

b. Names of all complainants;

c. Names of tenants of all elder group homes, identifying medical information and the address of anyone other than an owner.

[Filed 8/17/01, effective 10/10/01]

[Published 9/5/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 9/5/01.

Pursuant to the authority of Iowa Code section 68B.32A, the Iowa Ethics and Campaign Disclosure Board adopts Chapter 15, “Waivers or Variances from Administrative Rules,” Iowa Administrative Code.

The new chapter adopts uniform rules regarding petitions for waiver or variance from provisions of Board rules. Executive Order Number 11 directed rule–making authorities to adopt uniform rules regarding waivers and variances from rules of the authority.

Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 0492B on February 21, 2001.

No public hearing was requested, and no written or oral comments were received concerning the proposed new chapter. These rules are identical to the one published under Notice of Intended Action.

The Board adopted these rules on July 5, 2001.

These rules will become effective on October 10, 2001.

These rules are intended to implement Iowa Code chapters 17A and 68B.

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 15] is being omitted. These rules are identical to those published under Notice as ARC 0492B, IAB 2/21/01.

[Filed 8/15/01, effective 10/10/01]
[Published 9/5/01]

[For replacement pages for IAC, see IAC Supplement 9/5/01.]

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby amends Chapter 61, “State Parks and Recreation Areas,” and Chapter 62, “State Forest Camping,” Iowa Administrative Code.

These amendments address some comments that were received late during a previous rule revision.

Notice of Intended Action was published in the Iowa Administrative Bulletin on May 30, 2001, as ARC 0715B. A public hearing was held on June 21, 2001.

The following changes from the Notice are based on staff review.

1. In Item 1, under the definition of “recreation areas,” the reference to Iowa Code chapter 461A has been deleted.

2. In Item 4, the word “per” was added to the phrase “(book of seven)” for clarification.

3. In Item 9, the words “second unit” were changed to the word “tent.”

4. In Item 11, the word “or” has been changed to the word “and” in the list of prohibited items.

5. Item 13 was written intending to amend subrule 61.3(6), paragraph “c.” After further study and based on comments received from the field, it was determined that the subrule should be changed to include all recreation area campgrounds instead of listing each recreation area separately. It is current policy to only allow campers in and out of recreation area campgrounds between the hours of 10:30 p.m. and 4 a.m. This change implements an existing policy and makes the information more available to the public. Subrule 61.3(6), paragraph “c,” is rescinded and a new paragraph is adopted.

6. In Item 15, the phrase “(except Cabin 13)” was stricken.

7. In Item 40, the first “will” in the second sentence was removed and replaced with the word “must.”

8. In Item 42, the word “must” was changed to “shall” in two locations in the second sentence.

9. In Item 46, Backbone State Park, Delaware County, was added to the list of parks that have deer population control hunts. The location of Elk Rock State Park was corrected from Jasper County to Marion County.

10. Iowa Code section 461A.45 was changed to 461A.46, which the rules are intended to implement.

These amendments are intended to implement Iowa Code sections 455A.4, 461A.3, 461A.3A, 461A.27, 461A.35, 461A.39, 461A.42, 461A.46 to 461A.51, 461A.57, and 723.4 and Iowa Code chapter 724.

These amendments shall become effective October 10, 2001.

The following amendments are adopted.

ITEM 1. Amend rule 571—61.2(461A) as follows:

Amend the following definitions:

“Fishing” means taking or attempting to take fish by 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 sections 461A.42 and 481A.76.

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

“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.

Amend the definition of “state park,” areas listed below and last paragraph, as follows:

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

Amend the definition of “state park managed by another government entity” by adopting the following new areas in alphabetical order:

Amend the definition of “state preserve,” listing for Pellett Memorial Woods, as follows:

Adopt the following new definition in alphabetical order:

“Rental facilities” means those facilities that may be rented on a daily or nightly basis and includes open shelters, open shelters with kitchenettes, beach house open shelters, lodges, cabins, yurts and group camps.

ITEM 2. Amend subrule 61.3(1), introductory paragraph, as follows:

61.3(1) Fees. The following are maximum per–night 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. In areas subject to a local option sales tax, the camping fee shall be administratively adjusted so that persons camping in those areas will pay the same total cost applicable in other areas.

ITEM 3. Amend subrule 61.3(1), paragraph “c,” as follows:

ITEM 4. Amend subrule 61.3(1), paragraph “j,” as follows:

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

(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. Persons using valid camping tickets purchased prior to any fee increase will not be required to pay the difference due to that fee increase.

ITEM 5. Amend subrule 61.3(1), paragraph “k,” as follows:

k. Fees as given in paragraph “a” shall be in effect each year in the following areas during the time period shown below: from the Monday before the national Memorial Day holiday through October 31 or until the shower facilities are closed for the season, whichever comes first.

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.

ITEM 6. Amend subrule 61.3(1) by adopting the following new paragraph “l”:

l. Fees as given in paragraph “a” shall be in effect each year from May 1 through Monday, the national Labor Day holiday at Fairport Station, Muscatine County.

ITEM 7. Amend subrule 61.3(3), paragraph “b,” as follows:

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.

ITEM 8. Amend subrule 61.3(5), introductory paragraph, as follows:

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 Specific areas as listed in 61.3(6), 61.6(461A) and 61.9(461A) are subject to additional restrictions or exceptions. The conditions in this subrule are in addition to specific conditions and restrictions set forth in Iowa Code chapter 461A.

ITEM 9. Amend subrule 61.3(5), paragraph “b,” as follows:

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 tent are under 18 years of age and are dependent members of the immediate family occupying the basic unit.

ITEM 10. Amend subrule 61.3(5), paragraph “g,” as follows:

g. Campers shall vacate the campground or register for the night prior to 4 p.m. daily. Registration can be for more than 1 night at a time but not for more than 14 consecutive nights. All members of the camping party must vacate the state park campground after the fourteenth night and may not return to that same area until a minimum of 3 days nights has passed. All equipment must be removed from the site at the end of each stay. The 14–night 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 AmeriCorps program.

ITEM 11. Amend subrule 61.3(5), paragraph “i,” as follows:

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 if provided. 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 inside trailers where no hitching facilities are provided. Portable stalls/pens or and electric fences are not permitted.

ITEM 12. Amend subrule 61.3(6), introductory paragraph, as follows:

61.3(6) Area–specific restrictions on campground use. Notwithstanding In addition to 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:

ITEM 13. Amend subrule 61.3(6) by rescinding paragraph “c” and adopting the following new paragraph “c” in lieu thereof:

c. Recreation area campgrounds. 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 and out of the campgrounds.

ITEM 14. Amend rule 571—61.4(461A), catchwords, as follows:

ITEM 15. Amend subrule 61.4(1), paragraph “a,” as follows:

a. Cabin rental. This fee does not include tax. Tax will be calculated at time of final payment.

ITEM 16. Amend subrule 61.4(1), paragraph “b,” as follows:

b. Yurt rental. This fee does not include tax. Tax will be calculated at time of final payment.

ITEM 17. Amend subrule 61.4(1), paragraph “g,” as follows:

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

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

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 State Park dining hall—day use only, $40.

(3) Lake Keomah State Park, Mahaska County. All groups—$25 per day for the dining/restroom facility plus the applicable camping fee.

ITEM 18. Amend subrule 61.4(3), catchwords, as follows:

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

ITEM 19. Amend subrule 61.4(3), paragraph “b,” as follows:

b. Except for the year–round–use cabins and heated lodges, reservations for the rental 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.

ITEM 20. Amend subrule 61.4(3), paragraph “e,” as follows:

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 campsites rental facilities.

ITEM 21. Amend subrule 61.4(3), paragraph “i,” as follows:

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

ITEM 22. Amend subrule 61.4(3), paragraph “l,” as follows:

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.

ITEM 23. Amend subrule 61.4(3), paragraph “n,” as follows:

n. Except at Wilson Island State Recreation Area, Dolliver Memorial 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 One small tent shall be allowed at each cabin or yurt in the designated areas and is subject to the occupancy requirements of 61.3(5)“b.”

ITEM 24. Amend subrule 61.4(3), paragraph “o,” as follows:

o. Lodges, open shelters, open shelters with kitchenettes, and beach house open shelters may be reserved using the procedures outlined in paragraphs “a” through “f.” Lodges, open Open shelters and beach house open shelters which are not reserved are available on a first–come, first–served basis. If the open shelters with kitchenettes are not reserved, the open shelter portion of these facilities may be available on a first–come, first–served basis.

ITEM 25. Amend subrule 61.4(4), introductory paragraph, as follows:

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:

ITEM 26. Amend subrule 61.4(4), paragraph “a,” as follows:

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).“a” through “f.”

ITEM 27. Amend subrule 61.4(4), paragraph “b,” as follows:

b. All reservation requests must be for a minimum stay of two nights, but shall not be for more than a maximum stay of two weeks.

ITEM 28. Amend subrule 61.4(5), paragraph “a,” subparagraph (1), as follows:

(1) Priority reservations for these facilities will be accepted from October 1 through 4:30 p.m. on 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.

ITEM 29. Amend subrule 61.4(5), paragraph “b,” as follows:

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

ITEM 30. Amend subrule 61.4(6), paragraph “b,” by adopting the following new subparagraph (4) and renumbering existing subparagraphs (4) to (7) as (5) to (8):

(4) Upon arrival for rental of an open shelter with kitchenette, renters shall pay in full a damage deposit equal to the amount of the rental fee for that facility.

ITEM 31. Amend subrule 61.4(6), paragraph “b,” renumbered subparagraph (8), introductory paragraph, as follows:

(8) 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. Reservations made under 61.4(3)“h” must be canceled at least 48 hours prior to the rental period in order for a full refund of the reservation deposit or any rental fees paid in advance to be returned. If it is necessary to cancel a reservation after the 30–day or 48–hour allowance, a refund may be made only under the following conditions:

ITEM 32. Amend subrule 61.4(7), introductory paragraph, as follows:

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

ITEM 33. Amend rule 571—61.5(461A), introductory paragraph, as follows:

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 Specific areas as listed in 61.3(6), 61.6(461A) and 61.9(461A) are subject to additional restrictions or exceptions. The conditions in this rule are in addition to specific conditions and restrictions set forth in Iowa Code chapter 461A.

ITEM 34. Amend subrule 61.5(5), paragraph “a,” as follows:

a. Lawful hunting as traditionally provided at Badger Creek Recreation Area, Brushy Creek Recreation Area, Pleasant Creek Recreation Area, Mines of Spain State Recreation Area (as allowed under 61.7(461A)), Volga River Recreation Area and Wilson Island Recreation Area.

ITEM 35. Amend subrule 61.5(5), paragraph “d,” as follows:

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

ITEM 36. Amend subrule 61.5(6) as follows:

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.

ITEM 37. Amend subrule 61.5(8), paragraph “b,” introductory paragraph, as follows:

b. Persons Use of motorized vehicles by persons with physical disabilities. Persons with physical disabilities may use certain motor motorized vehicles on to access specific areas in 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. Allowable vehicles include any self–propelledelectric or gas vehicle which has at least three wheels, but no more than six wheels, and is limited in engine displacement to less than 800 cubic centimeters and in total dry weight to less than 1,450 pounds.

ITEM 38. Amend subrule 61.5(8), paragraph “b,” by rescinding subparagraph (1) and renumbering the existing subparagraphs (2) to (6) as (1) to (5).

ITEM 39. Amend subrule 61.5(8), paragraph “b,” renumbered subparagraph (1), as follows:

(1) Permits.

1. Each person with a physical disability must have a permit issued by the director in order to use motor vehicles on a motorized vehicle in specific areas within 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 may accompany the permit holder on the same vehicle if that vehicle is designed for more than one rider; otherwise the companion must walk.

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 motorized vehicle to gain access to specific areas for recreational opportunities and facilities within state parks, recreation areas and preserves.

ITEM 40. Amend subrule 61.5(8), paragraph “b,” renumbered subparagraph (2), as follows:

(2) 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 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. On each visit, the permit holder must contact the park manager of the specific area in which the permit holder wishes to use a motorized vehicle. The park manager must designate on a park map the area(s) or portion(s) of areas where the permit holder will be allowed to use a motorized vehicle. This restriction is intended to protect the permit holder from hazards or to protect certain natural resources of the area. The map is to be signed and dated by the park manager on each visit. Approval for use of a motor motorized vehicle on state preserves also requires consultation with a member of the preserves staff in Des Moines.

ITEM 41. Amend subrule 61.5(8), paragraph “b,” renumbered subparagraph (3), as follows:

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

ITEM 42. Amend subrule 61.5(8), paragraph “b,” renumbered subparagraph (4), numbered paragraph “1,” as follows:

1. Except as provided in 61.5(8)“a,” “b,” the use of a motor motorized 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 shall be carried by the permittee at any time the per–mittee is using a motor motorized vehicle on in a park, recreation area or preserve and must shall be exhibited to any department employee or law enforcement official upon request.

ITEM 43. Amend subrule 61.5(10) as follows:

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 and preserves 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.

ITEM 44. Amend subrule 61.5(13) as follows:

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 are 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 Memorial State Park, Webster County; Stone State Park, Woodbury and Plymouth Counties; Maquoketa Caves State Park, Jackson 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.

ITEM 45. Amend subrule 61.5(14) as follows:

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

a. Unprovoked speech 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.

ITEM 46. Amend rule 571—61.5(461A) by adopting the following new subrule:

61.5(15) Deer population control hunts. Deer hunting as allowed under Iowa Code section 461A.42“c” is permitted only during special hunts in the following state parks as provided for under 571—Chapter 105 and as approved by the natural resource commission. During the dates of deer hunting, only persons engaged in deer hunting shall use the area or portions thereof as designated by DNR and signed as such.

ITEM 47. Amend rule 571—61.6(461A), introductory paragraph, as follows:

571—61.6(461A) Certain conditions of public use applicable to specific parks and recreation areas. Notwithstanding In addition to 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:

ITEM 48. Amend subrule 61.6(1) as follows:

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

b a. Parking of vehicles of any type overnight on these areas is prohibited unless the vehicle operator and occupants are actively using the area for involved in boating or are fishing or other recreational purposes as allowed under 571— 61.9(461A).

c b. Overnight camping is prohibited.

ITEM 49. Amend subrule 61.6(3) as follows:

61.6(3) Wapsipinicon State Park, Jones County. The recreation area portion of the park land adjacent to the park on the southeast corner and generally referred to as the “Ohler property” is closed to the public from 10:30 p.m. to 4 a.m.

ITEM 50. Amend rule 571—61.9(461A), introductory paragraph, as follows:

571—61.9(461A) Designated areas for after–hours fishing. Areas which These areas are open from 10 10:30 p.m. to 4 a.m. are shown on maps available from the department of natural resources for fishing only. The areas are described as follows:

ITEM 51. Amend subrule 61.9(8) as follows:

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 that is parallel to County Road J20 and lies between the two parking lots located on each end of the embankment.

ITEM 52. Amend subrule 61.9(11) as follows:

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.” located on the west side of the southwest arm of the lake.

ITEM 53. Amend subrule 61.9(16) as follows:

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 located off County Road M47 and just north of the entrance leading to the park office.

ITEM 54. Amend subrule 61.9(18) as follows:

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 that parallels 220th Street, 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 to a point approximately one–tenth of a mile southwest of the boat ramp.

ITEM 55. Amend rule 571—61.12(461A), second unnumbered paragraph, as follows:

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 offender 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 departmentengineering 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.

ITEM 56. Rescind and reserve rule 571—62.7(461A).

ITEM 57. Amend rule 571—62.8(461A), first unnumbered paragraph, as follows:

Stabling of equine animals and llamas shall be in accordance with 571—paragraph 61.5(7)“e.” 61.3(5)“i.”

[Filed 8/17/01, effective 10/10/01]

[Published 9/5/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 9/5/01.

Pursuant to the authority of Iowa Code sections 20.6(3) and 20.6(5), the Public Employment Relations Board hereby adopts an amendment to Chapter 1, “General Provisions,” Iowa Administrative Code.

The amendment, affecting rule 621—1.8(20,279), increases the present maximum per diem fee for fact finders, arbitrators and teacher termination adjudicators, in effect since March 1997, to $650 per day of service.

The rule as amended does not provide for a waiver of its terms, but is instead subject to the Board’s general waiver rule, 621—1.9(17A,20).

Notice of Intended Action was published in the Iowa Administrative Bulletin on June 13, 2001, as ARC 0726B. A public hearing was held on July 3, 2001, at the Board’s offices, to receive comments on the proposed amendment. No oral comments were received. Only one written comment was submitted.

The amendment adopted by the Board is identical to that published under Notice of Intended Action.

This amendment will become effective October 10, 2001.

This amendment is intended to implement Iowa Code chapters 20 and 279.

The following amendment is adopted.

621—1.8(20,279) Fees of neutrals. Qualified fact finders, arbitrators and teacher termination adjudicators appointed from a list maintained by the board may be compensated by a sum not to exceed $475 $650 per day of service, plus their necessary expenses incurred.

[Filed 8/16/01, effective 10/10/01]

[Published 9/5/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 9/5/01.

Pursuant to the authority of Iowa Code sections 421.14 and 422.68, the Department of Revenue and Finance hereby adopts amendments to Chapter 53, “Determination of Net Income,” and Chapter 59, “Determination of Net Income,” Iowa Administrative Code.

Notice of Intended Action was published in IAB Volume XXIV, Number 1, on July 11, 2001, as ARC 0825B.

Items 1 and 3 amend rules 701—53.6(422) and 701— 59.6(422) to state that income from the sale of obligations issued by the state of Iowa or its political subdivisions is taxable for corporation and franchise tax purposes unless the law which authorized these obligations specifically exempted the income from the sale from the Iowa corporation and franchise tax.

Items 2 and 4 amend implementation clauses.

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

These amendments will become effective October 10, 2001, after filing with the Administrative Rules Coordinator and publication in the Iowa Administrative Bulletin.

These amendments are intended to implement Iowa Code sections 422.35 and 422.61 as amended by 2001 Iowa Acts, House File 715.

The following amendments are adopted.

ITEM 1. Amend rule 701—53.6(422) by adopting the following new second unnumbered paragraph:

For tax years beginning on or after January 1, 2001, add, to the extent not already included, income from the sale of obligations of the state of Iowa and its political subdivisions. Gains or losses from the sale or other disposition of bonds issued by the state of Iowa or its political subdivisions shall be included in Iowa taxable income unless the law authorizing these obligations specifically exempts the income from the sale or other disposition from Iowa corporation income tax.

ITEM 2. Amend rule 701—53.6(422), implementation clause, as follows:

This rule is intended to implement Iowa Code section 422.35 as amended by 2001 Iowa Acts, House File 715.

ITEM 3. Amend rule 701—59.6(422) by adopting the following new second unnumbered paragraph:

For tax years beginning on or after January 1, 2001, add, to the extent not already included, income from the sale of obligations of the state of Iowa and its political subdivisions and interest and dividend income from these obligations. Gains or losses from the sale or other disposition of bonds issued by the state of Iowa or its political subdivisions, along with interest and dividend income from these bonds, shall be included in Iowa taxable income unless the law authorizing these obligations specifically exempts the income from the sale and interest and dividend income from Iowa franchise tax.

ITEM 4. Amend rule 701—59.6(422), implementation clause, as follows:

This rule is intended to implement Iowa Code sections 422.35 and 422.61 as amended by 2001 Iowa Acts, House File 715.

[Filed 8/16/01, effective 10/10/01]

[Published 9/5/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 9/5/01.

Pursuant to the authority of Iowa Code sections 307.10, 307.12, and 307A.2, the Department of Transportation, on August 14, 2001, adopted amendments to Chapter 125, “General Requirements and Covenants for Highway and Bridge Construction,” and rescinded Chapter 126, “Contracts Set Aside for Disadvantaged Business Enterprises,” Iowa Administrative Code.

Notice of Intended Action for these amendments was published in the June 27, 2001, Iowa Administrative Bulletin as ARC 0744B.

Chapter 125 currently adopts by reference Sections 1101 to 1105 of the “Standard Specifications for Highway and Bridge Construction, Series of 1997,” which expresses measurements in U.S. customary units of measure. This is commonly referred to as the “English Book.” Chapter 125 adopts by reference Sections 1101 to 1105 of the “Standard Specifications for Highway and Bridge Construction (Metric), Series of 1995,” which expresses measurements in metric units. This is commonly referred to as the “Metric Book.” Chapter 125 also adopts by reference amendments and supplements to both sets of specifications.

This rule–making action replaces Sections 1101 to 1105 of both the “English Book” and “Metric Book” with a single, new “Series of 2001” dual–unit book. The new sections incorporate into the text of the specifications all amendments that have been adopted since the books were last published. With one exception, the new sections also incorporate into the text the supplemental specifications that were previously issued separately. A discussion of each former supplemental specification follows:

On–the–job training (equal employment opportunity responsibilities): These specifications have been revised to change the focus from project–by–project training to ongoing training. Under the old specifications, the Department assigned a goal of a set number of hours for training minority and female employees for each major project, and the contractor was reimbursed $0.80 per training hour. Under the new specifications, a contractor will be required to train a certain number of minority and female employees based on the annual dollar volume of work contracted (e.g., no trainees will be required if the contract work is less than $5 million; four trainees will be required when the contract work exceeds $30 million). The Department will no longer reimburse contractors for training. The Department estimates 21 contractors will be required to train minority and female employees under the new specifications. The purpose of the new specifications is to provide better, more proactive training opportunities for minority and female employees of contractors and to promote companywide, long–term training rather than project–specific training. The new specifications should be more aligned with how the construction industry performs its day–to–day business. The new specifications will also enable the Department to meet the training guidelines established by the Federal Highway Administration.

Equal employment opportunity and affirmative action requirements: A contractor’s record–keeping requirements have been revised. New federal regulations expand the reporting requirements of the Department; thus, the contractor is required to submit similar information to the Department, including annual gross receipts, how long the contractor has been in business, on–site inspection reports to investigate evidence of discrimination, and specific employment data.

Other changes include a new definition for “new hire” to further enhance the existing definitions of “recall” and “rehire,” revising the definitions of minority classes to align the definitions with those in the federal regulations, and requiring contractors to use either Iowa workforce development centers or state employment services to obtain lists of potential minority applicants.

Specific affirmative action responsibilities (disadvantaged business enterprises) on federal aid projects: Several changes have been made to these specifications to comply with federal regulations:

1. The overall, state goal for disadvantaged business enterprise (DBE) participation will be computed each year based on availability of minority– and female–owned businesses. Under the old specifications, the goal was 10 percent.

2. Trucks leased by a prime contractor to a DBE subcontractor will not count toward DBE participation.

3. Rules regarding the quantity of short–term assistance and guidance provided by a prime contractor to a DBE subcontractor have been loosened. Permission for this assistance must be given in writing from the engineer in charge.

4. A prime contractor will not be penalized if it voluntarily commits to a higher–than–required project goal and fails to meet the goal.

5. Contractors will be required to report to the Department payments to disadvantaged business enterprises (DBEs) for all federal aid contracts, rather than only those federal aid contracts with DBE involvement goals. The Department is required to report this information to the Federal Highway Administration.

6. Use of a specific work type of DBEs in an area with a large concentration of DBE subcontractors of that specific work type will not count toward DBE participation.

Specific affirmative action responsibilities on non–federal aid projects (targeted small business project participation): No substantive changes were made.

On–the–job training pilot: This pilot program was dropped.

Representatives of DBE contractors and prime contractors have been involved with the Department in a joint effort to revise the DBE and on–the–job training specifications.

Sections 1101 to 1105 include a new definition of “standard road plans.” The definition of “extra work order” was deleted because the term is not used. The term “change order” is used instead. No other substantive changes were made to Sections 1101 to 1105.

This rule–making action rescinds Chapter 126, which implements Iowa Code section 314.14. Section 314.14 allows, but does not require, the Department to set aside up to 10 percent of the total dollar amount of federal aid highway construction contracts let by the Department for bidding by DBEs. The Department has been able to meet its DBE goals without using set–asides. The Department will still be able to establish set–asides using the specifications adopted in Chapter 125 if the need arises.

Copies of the specifications may be obtained from the Specifications Engineer, Statewide Operations Bureau, Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010.

These rules do not provide for waivers. Any person who believes that the person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11.

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

These amendments are intended to implement Iowa Code chapters 307 and 307A.

These amendments will become effective October 10, 2001.

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 [125.1, 125.2, Ch 126] is being omitted. These amendments are identical to those published under Notice as ARC 0744B, IAB 6/27/01.

[Filed 8/15/01, effective 10/10/01]
[Published 9/5/01]

[For replacement pages for IAC, see IAC Supplement 9/5/01.]