Pages 682 to 771 include ARC 1075B to ARC 1130B

Filed, Transitional rules, ch 19 ARC 1108B 763

Schedule for rule making 672

Publication procedures 673

Administrative rules on CD–ROM 673

Agency identification numbers 680

Opinions summarized 774

CITATION OF ADMINISTRATIVE RULES 679

Notice, Application for dental and dental
hygiene licensure and local anesthesia
permits, 11.1 to 11.11 ARC 1120B 682

Notice, Examinations—dental and dental
hygiene licensure, 12.1 to 12.5 ARC 1119B 686

Notice, Renewal, 14.1 to 14.5 ARC 1118B 687

Notice, Current certification in CPR, 14.1(4),
14.3(4), 14.5(1), 25.2(10) ARC 1117B 688

Notice, Continuing education, 25.2 to 25.5,
25.7, 25.10 ARC 1116B 689

Notice, Unethical and unprofessional conduct,
27.9 ARC 1115B 692

Notice, Oral and maxillofacial radiology,
28.1, 28.10 ARC 1114B 692

Notice, Discipline; impaired practitioner
review committee, 30.1, 30.2, 30.4, 30.5,
ch 35 ARC 1113B 693

Notice, Duties of peer review committees;
mandatory reporting; costs of monitoring
compliance with a settlement agreement,
31.8, 31.13, 51.19(9) ARC 1112B 694

Notice, New jobs and income program,
58.1 to 58.4 ARC 1079B 695

Notice, Enterprise zone program, 59.1, 59.2,
59.3(4), 59.5, 59.6, 59.8 to 59.14 ARC 1080B 698

Filed Emergency After Notice, Iowa jobs
training program—entrepreneurial
training, 7.17 to 7.33 ARC 1081B 751

Filed, Certified school to career program,
11.2, 11.3, 11.4(1) ARC 1082B 765

Filed, Brownfield, blighted and distressed
areas—additional points or consideration
for economic development–related
activities, 168.92 to 168.103 ARC 1083B 766

Filed, Rescind chs 1 to 7; adopt
chs 1 to 13 ARC 1094B 767

Notice, Drinking water and wastewater
revolving loan funds, 44.1 to 44.9, 44.12 to
44.14, 44.16, 92.2 to 92.6, 92.8 to 92.11,
93.5(1) ARC 1122B 703

Notice, Definition—storm water discharge
associated with industrial activity, 60.2
ARC 1124B 704

Notice, Transportation of radioactive materials
in Iowa, rescind ch 132 ARC 1123B 704

Filed Emergency, Drinking water and wastewater
revolving loan funds, 44.1 to 44.9, 44.12 to
44.14, 44.16, 92.2 to 92.6, 92.8 to 92.11,
93.5(1) ARC 1121B 751

Executive Order number 23 772

Notice, Family investment program, 41.24,
41.27(1), 41.28, 93.110(6), 93.114(14),
93.132, 93.134, 93.138; rescind ch 94
ARC 1076B 705

Notice, Phase–out of 12–month waiver period,
48.24 ARC 1075B 709

Notice, AIDS/HIV health insurance premium
payment program, 75.22 ARC 1077B 710

HUMAN SERVICES DEPARTMENT[441] (Cont’d)

Notice, Rehabilitative treatment service providers,
77.38 ARC 1085B 710

Notice, Indian health service 638 facilities,
77.45, 78.51, 79.1, 79.14(1), 80.2(2)
ARC 1086B 710

Notice, Nurse–midwives—services and payment
under Medicaid, 78.29 ARC 1087B 711

Notice, Definition—experience or expertise;
verification of capital contributions, 25.1,
25.4(5) ARC 1110B 713

Notice, Overpayment recovery unit, 71.1, 71.5
ARC 1111B 713

Notice, Discount on raffle tickets, 100.32(3)
ARC 1109B 714

Notice of workers’ compensation rate filing 715

Filed, Licensing of insurance producers,
10.1 to 10.25 ARC 1125B 767

Filed, Motor vehicle service contracts, ch 23
ARC 1104B 767

Filed Emergency, Coverage for contraception,
35.39(1), 71.24(1), 75.18(1) ARC 1100B 759

Notice, OSHA record–keeping regulations,
4.1 to 4.3 ARC 1099B 715

Notice and Notice Terminated, Process for
sealing and certifying documents; national
examination, renewal process, fees, 1.1, 1.7(1),
2.2(2), 2.4, 2.5(4), 2.8 to 2.10 ARC 1090B 716

Notice, International medical graduates—
passing score on TOEFL for special
license, 10.4(3)“a”(4) ARC 1091B 717

Notice, English proficiency test—acupuncturists,
17.3, 17.4(1)“c”(2) ARC 1092B 718

Notice, IPERS, 21.6, 21.8, 21.24(14)“a”(1)
ARC 1129B 718

Filed Emergency, IPERS, 21.6, 21.8,
21.24(14)“a”(1) ARC 1130B 760

Notice, Petitions for rule making, ch 2
ARC 1106B 719

Notice, Declaratory orders, ch 3
ARC 1105B 720

Notice, Board procedure for rule making,
ch 4 ARC 1101B 722

Notice, Claims, ch 11 ARC 1102B 728

Notice, Guaranteed loan program, ch 12
ARC 1103B 736

Notice, Management plan, 2.2(2) ARC 1088B 739

Filed Emergency, Management and use, 2.2(2)
ARC 1089B 761

Summarized list 674

Notice, Purse information, 5.5(10) ARC 1078B 739

Notice, Tax exemption—delivery charges for
electricity or natural gas; state sales
tax phase–out on energies, 15.13, 17.38
ARC 1126B 740

Notice, Clarification, updating and technical
correction of existing rules, amendments to
chs 71 to 75, 78, 80 to 82, 84, 122, 125
ARC 1107B 742

Filed, Sales and use tax, 13.10, 18.20, 19.2,
28.4, 31.7, 32.2 ARC 1127B 768

Filed, Clarification—department policies,
amend chs 15 to 18, 26, 31, 32, 34, 86, 89;
adopt ch 202 ARC 1128B 768

Notice, Salvage; weight equalizing hitch
and sway control devices for trailers;
transport of wrecked or disabled vehicles
by flatbeds, 405.2, 405.3, 405.6(1), 405.15;
rescind ch 453; 454.1 ARC 1084B 747

Notice, Annual oversize/overweight permit—
increase in width, 511.7(4), 511.8(1)“a,”
511.9(4) ARC 1095B 749

Notice, Motor carrier regulations, 529.1
ARC 1096B 749

Filed, Statewide standard for permitting certain
implements of husbandry, ch 181
ARC 1098B 770

Filed, General aviation airport vertical
infrastructure program, 717.1 to 717.6,
717.8, 717.9(1), 717.10, 717.11
ARC 1097B 770

Notice—Public funds interest rates 750

Filed, Contributions to unemployment fund;
definition—construction employer,
amendments to chs 23, 24 ARC 1093B 771

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.

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IAB Vol. XII, No. 23 (5/16/90) p. 2050, ARC 872A

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Racing and Gaming Commission[491]

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Appeal Board, State[543]

City Finance Committee[545]

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Military Division[611]

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Workers’ Compensation Division[876]

Workforce Development Board and
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Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners hereby gives Notice of Intended Action to amend Chapter 11, “Applications,” Iowa Administrative Code.

These amendments update the Board’s rules on applications for dental and dental hygiene licensure and local anesthesia permits. Specific changes require applicants for dental licensure to provide evidence of a valid certificate in cardiopulmonary resuscitation (CPR) by a nationally recognized provider. Dental hygienists and dental assistants are currently required to provide proof of CPR training prior to licensure or registration. The amendments also adopt new rules specifying the administrative procedures used by the Board to review and issue licenses and grounds for denial of a license. In addition, the amendments eliminate the requirement that local anesthesia permit holders document ongoing practice in the administration of local anesthesia in order to renew the permit.

The Board’s Committee for Regulatory Review, formed pursuant to Executive Order Number 8, recommended the proposed amendments.

These rules will be subject to waiver at the sole discretion of the Board in accordance with 650—Chapter 7.

Any interested person may make written comments or suggestions on the proposed amendments on or before December 4, 2001. Such written comments should be directed to Jennifer Hart, Executive Officer, Board of Dental Examiners, 400 SW 8th Street, Suite D, Des Moines, Iowa 50309– 4687. E–mail may be sent to jhart@bon.state.ia.us.

Also, there will be a public hearing on December 4, 2001, from 2 to 3 p.m. in the Conference Room, 400 SW 8th Street, Suite D, 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 amendments. Any person who plans to attend the public hearing and who may have special requirements, such as hearing or mobility impairments, should contact the Board and advise of specific needs.

These amendments were approved at the October 25, 2001, regular meeting of the Board of Dental Examiners.

These amendments are intended to implement Iowa Code chapters 147 and 153.

The following amendments are proposed.

ITEM 1. Amend the title of 650—Chapter 11 as follows:

CHAPTER 11
APPLICATIONS LICENSURE TO PRACTICE DENTISTRY OR DENTAL HYGIENE

ITEM 2. Rescind rule 650—11.1(153) and adopt new rule 650—11.1(147,153) in lieu thereof:

650—11.1(147,153) Applicant responsibilities. An applicant for dental or dental hygiene licensure bears full responsibility for each of the following:

1. Paying all fees charged by regulatory authorities, national testing or credentialing organizations, health facilities, and educational institutions providing the information required to complete a license or permit application; and

2. Providing accurate, up–to–date, and truthful information on the application form including, but not limited to, prior professional experience, education, training, examination scores, and disciplinary history.

ITEM 3. Amend rule 650—11.2(153) as follows:

11.2(1) Applications for licensure to practice dentistry in this state shall be made to the board on the form provided by the board and must be completely answered, including required credentials and documents.

11.2(2) Applications for licensure must be filed with the board along with:

a. Satisfactory evidence of graduation with a DDS or DMD from an accredited dental college approved by the board.

b. Certification by the dean or other authorized representative of the dental school that the applicant has been a student in good standing while attending that dental school.

c. If the applicant is a dentist licensed by another jurisdiction, the applicant shall furnish certification from the board of dental examiners of that jurisdiction that the applicant is a licensed dentist in good standing.

c d. Evidence of successful completion of Part I and Part II of the examination, with resulting scores, administered by the Joint Commission on National Dental Examinations. At the discretion of the board, any dentist who has lawfully practiced dentistry in another state or territory for five years may be exempted from presenting this evidence.

d e. Evidence of successful completion of the examination, with resulting scores, administered by the Central Regional Dental Testing Service, Inc., or the Western Regional Examining Board, Inc., taken after January 1, 2001.

e g. The nonrefundable application fee as specified in 650—Chapter 15 of these rules is nonrefundable to applicants whose applications are considered by the board. A statement of reasons for rejection shall be sent to the applicant.

f. Successful h. Evidence of successful completion of the jurisprudence examination administered by the board of dental examiners.

11.2(3) The board may require a personal appearance or any additional information be provided by the applicant relating to the character, education and experience as may be necessary to pass upon of the applicant applicant’s qualifications.

11.2(4) Applications must be signed and verified notarized as to the truth of the statements contained therein.

This rule is intended to implement Iowa Code section sections 147.3, 147.29, and 147.34.

ITEM 4. Amend rule 650—11.3(153) as follows:

650—11.3(153) Application for dental Dental licensure by credentials. The following requirements must be satisfied prior to licensure to practice dentistry in Iowa through the procedure of licensure by credentials:

11.3(1) Applications for licensure by credentials to practice dentistry in this state shall be made to the board on the form provided by the board and must be completely filled out answered, including required credentials and documents.

11.3(2) Applications must be filed with the board along with:

a. Satisfactory evidence of graduation with a DDS or DMD from an accredited dental college approved by the board.

b. Evidence of successful completion of Parts I and II of the examination of the Joint Commission on National Dental Examinations, with resulting scores, or evidence of having passed a written examination during the last ten years that is comparable to the examination given by the Joint Commission on National Dental Examinations.

c. Evidence that the applicant has not failed the clinical examination of CRDTS or comparable state board examination within the last three years. A statement of any dental examinations taken by the applicant, with resulting scores.

d. Evidence of a current, valid license to practice dentistry in another state, territory or district of the United States issued upon clinical examination.

e. Certification by a state board of dentistry, or equivalent authority, from a state in which applicant has been licensed for at least five years immediately preceding the date of application and evidence of having engaged in the practice of dentistry in that state for five years immediately preceding the date of application or evidence of five years of practice satisfactory to the board.

f. Certification by the state board of dentistry, or equivalent authority, from each state in which applicant has engaged in the practice of dentistry, that the applicant has not been the subject of final or pending disciplinary action.

i h. Evidence that the state, territory or district from which the applicant comes, extends licensure without examination to Iowa dentists who hold a current license, graduated from an accredited dental school, and have had five consecutive years in the practice. Submission of a copy of the dental licensing law and regulations of the jurisdiction will satisfy this requirement.

j. When the applicant does not meet the requirements for licensure by credentials specified in 11.3(2)“i,” this paragraph, the board will accept successful completion of a national specialty examination in lieu of 11.2(2)“d.” thereof.

k i. The nonrefundable application fee for licensure by credentials verification as specified in 650—Chapter 15 of these rules shall be made payable to the Iowa State Board of Dental Examiners. Applications considered by the board are nonrefundable.

11.3(3) Applicant shall appear for a personal interview if requested to do so by the board. The board may require a personal appearance or may require any additional information relating to the character, education, and experience of the applicant.

11.3(4) The board may also require such examinations as may be necessary to evaluate the applicant for licensure by credentials, including jurisprudence, oral diagnosis and treatment planning.

11.3(5) Applications must be signed and verified notarized as attesting to the truth of the statements contained therein. The license, if issued, may be revoked upon evidence of misinformation or substantial omission. All information given will be investigated for verification. A minimum of 60 days will be required for the investigation.

ITEM 5. Rescind and reserve rule 650—11.4(153).

ITEM 6. Amend rule 650—11.5(153) as follows:

11.5(1) Applications for licensure to practice dental hygiene in this state shall be made to the dental hygiene committee on the form provided by the dental hygiene committee and must be completely answered, including required credentials and documents.

11.5(2) Applications for licensure must be filed with the dental hygiene committee along with:

a. Satisfactory evidence of graduation from an accredited school of dental hygiene approved by the dental hygiene committee.

b. Certification by the dean or other authorized representative of the school of dental hygiene that the applicant has been a student in good standing while attending that dental hygiene school.

c. If the applicant is licensed as a dental hygienist by another jurisdiction, the applicant shall furnish certification from the appropriate examining board of that jurisdiction that the applicant is a licensed dental hygienist in good standing.

c d. Evidence of successful completion of the examination, with resulting scores, administered by the Joint Commission on National Dental Examinations.

d e. Evidence of successful completion of the examination, with resulting scores, administered by the Central Regional Dental Testing Service, Inc., or the Western Regional Examining Board, Inc., taken after January 1, 2001.

e f. The nonrefundable application fee as specified in 650—Chapter 15. is nonrefundable to applicants whose applications are considered by the dental hygiene committee. A statement of reasons for rejection shall be sent to the applicant.

f g. Successful Evidence of successful completion of the jurisprudence examination administered by the dental hygiene committee.

g h. Evidence that the applicant possesses a valid certificate in a nationally recognized course in cardiopulmonary resuscitation.

11.5(3) The dental hygiene committee may require a personal appearance or any additional information be provided by the applicant relating to the character, education and experience as may be necessary to pass upon of the applicant applicant’s qualifications.

11.5(4) Applications must be signed and verified notarized as to the truth of the statements contained therein.

11.5(5) Following review by the dental hygiene committee, the committee shall make recommendation to the board regarding the issuance or denial of any license to practice dental hygiene. The board’s review of the dental hygiene committee recommendation is subject to 650—Chapter 5.

This rule is intended to implement Iowa Code sections 147.3, 147.80 and chapter chapters 147 and 153.

ITEM 7. Amend rule 650—11.6(153) as follows:

650—11.6(153) Application for dental Dental hygiene licensure by credentials. The following requirements mustbe satisfied prior to licensure to practice dental hygiene in Iowa through the procedure of licensure by credentials: To be issued a license to practice dental hygiene in Iowa on the basis of credentials, an applicant shall meet the following requirements.

11.6(1) Applications of for licensure by credentials to practice dental hygiene in this state shall be made to the dental hygiene committee on the form provided by the dental hygiene committee and must be completely filled out answered, including required credentials and documents.

11.6(2) Applications must be filed with the dental hygiene committee along with:

a. Satisfactory evidence of graduation from an accredited school of dental hygiene approved by the dental hygiene committee.

b. Evidence of successful completion of the examination of the Joint Commission on National Dental Examinations with resulting scores, or evidence of having passed a written examination that is comparable to the examination given by the Joint Commission on National Dental Examinations.

c. Evidence that the applicant has not failed the clinical examination of Central Regional Dental Testing Service or comparable state board examination within the last three years. A statement of any dental hygiene examinations taken by the applicant, with resulting scores.

d. Evidence of a current, valid license to practice dental hygiene in another state, territory or district of the United States issued upon clinical examination.

e. Certification by the state board of dentistry, or equivalent authority, from a state in which applicant has been licensed for at least three years immediately preceding the date of application and evidence of having engaged in the practice of dental hygiene in that state for three years immediately preceding the date of application or evidence of practice satisfactory to the dental hygiene committee.

f. Certification by the state board of dentistry, or equivalent authority, from each state in which applicant has engaged in the practice of dental hygiene, that the applicant has not been the subject of final or pending disciplinary action.

i h. Evidence that the state, territory or district from which the applicant comes, extends licensure without examination to Iowa dental hygienists who hold a current license and graduated from an accredited dental hygiene school. Submission of a copy of the dental hygiene licensing law and regulations of the jurisdiction will satisfy this requirement.

j i. The nonrefundable application fee for licensure by credentials as specified in 650—Chapter 15 of these rules shall be made payable to the Iowa State Board of Dental Examiners. Applications considered by the dental hygiene committee are nonrefundable.

k j. Evidence that the applicant possesses a valid certificate in a nationally recognized course in cardiopulmonary resuscitation.

11.6(3) Applicant shall appear for a personal interview conducted by the dental hygiene committee or the board by request only.

11.6(4) The dental hygiene committee may also require such examinations as may be necessary to evaluate the applicant for licensure by credentials, including jurisprudence examination.

11.6(5) Applications must be signed and verified notarized as attesting to the truth of the statements contained therein. The license, if issued, may be revoked upon evidence of misinformation or substantial omission. All information given will be investigated for verification. A minimum of 60 days will be required for the investigation.

11.6(6) Following review by the dental hygiene committee, the committee shall make a recommendation to the board regarding issuance or denial of a dental hygiene license. The board’s review of the dental hygiene committee recommendation is subject to 650—Chapter 5.

This rule is intended to implement Iowa Code section 147.80 and chapter 153.

ITEM 8. Rescind rules 650—11.7(153) and 650— 11.8(153) and renumber rule 650—11.10(153) as 650— 11.7(153).

ITEM 9. Amend renumbered rule 650—11.7(153) as follows:

650—11.7(147,153) Application Dental hygiene application for authority of a dental hygienist to administer local anesthesia permit. A licensed dental hygienist may administer local anesthesia provided the following requirements are met:

1. The dental hygienist holds a current local anesthesia permit issued by the board of dental examiners.

2. The local anesthesia is prescribed by a licensed dentist.

3. The local anesthesia is administered under the direct supervision of a licensed dentist.

11.7(1) Application for permit. The licensed A dental hygienist shall make application for issuance of a permit to administer local anesthesia on the form approved by the board dental hygiene committee and meet provide the following requirements:

a. The fee for a permit to administer local anesthesia as specified in 650—Chapter 15; and

b. Evidence that formal training in the administration of local anesthesia has been completed within 12 months of the date of application. The formal training shall be approved by the board dental hygiene committee and conducted by a school accredited by the American Dental Association Commission on Dental Education; or

c. Evidence of completion of board–approved formal training in the administration of local anesthesia approved by the dental hygiene committee and documented evidence of ongoing practice in the administration of local anesthesia in another state or jurisdiction that authorizes a dental hygienist to administer local anesthesia.

11.7(2) Permit renewal. The permit shall expire on the date the dental hygienist’s license expires. To renew the permit, the dental hygienist must meet the following requirements:

a. At the time of renewal, the dental hygienist holding the permit shall document evidence of ongoing practice in the administration of local anesthesia. holding an active Iowa dental hygiene license.

b. The Submit the application fee for renewal of the permit shall include a renewal fee as specified in 650—Chapter 15.

c. 11.7(3) Failure to supply the documentation referred to in 11.10(1)“c” at the time of meet the requirements for renewal shall cause the permit to lapse.

d. The permit may be reinstated upon documentation that the dental hygienist has successfully completed a certification course approved by the board dental hygiene committee.

This rule is intended to implement Iowa Code sections 147.10 and 147.80 and chapter 153.

ITEM 10. Adopt new rules 650—11.8(147,153) and 650—11.9(147,153) as follows and renumber existing rule 650—11.9(147) as 650—11.10(147):

650—11.8(147,153) Review of applications. Upon receipt of a completed application for a dental or dental hygiene license, resident license, dental assistant registration, or faculty permit, the executive director as authorized by the board has discretion to:

1. Authorize the issuance of the license, permit, or registration.

2. Refer the license, permit, or registration application to the license committee for review and consideration when the executive director determines that matters including, but not limited to, prior criminal history, chemical dependence, competency, physical or psychological illness, malpractice claims or settlements, or professional disciplinary history are relevant in determining the applicants’ qualifications for license, permit, or registration.

11.8(1) Following review and consideration of a license, permit, or registration application referred by the executive director, the license committee may at its discretion:

a. Recommend to the board issuance of the license, permit, or registration.

b. Recommend to the board denial of the license, permit, or registration.

c. Recommend to the board issuance of the license, permit, or registration under certain terms and conditions or with certain restrictions.

d. Refer the license, permit, or registration application to the board for review and consideration without recommendation.

11.8(2) Following review and consideration of a license, permit, or registration application referred by the license committee the board shall:

a. Authorize the issuance of the license, permit, or registration,

b. Deny the issuance of the license, permit, or registration, or

c. Authorize the issuance of the license, permit, or registration under certain terms and conditions or with certain restrictions.

11.8(3) The license committee or board may require an applicant to appear for an interview before the committee or the full board as part of the application process.

11.8(4) The license committee or board may defer final action on an application if there is an investigation or disciplinary action pending against an applicant, who may otherwise meet the requirements for license, permit, or registration, until such time as the committee or board is satisfied that licensure or registration of the applicant poses no risk to the health and safety of Iowans.

11.8(5) The dental hygiene committee shall be responsible for reviewing any applications submitted by a dental hygienist that require review in accordance with this rule. Following review by the dental hygiene committee, the committee shall make a recommendation to the board regarding issuance of the license or permit. The board’s review of the dental hygiene committee’s recommendation is subject to 650—Chapter 5.

650—11.9(147,153) Grounds for denial of application. The board may deny an application for license or permit for any of the following reasons:

1. Failure to meet the requirements for license or permit as specified in these rules.

2. Failure to provide accurate and truthful information, or the omission of material information.

3. Pursuant to Iowa Code section 147.4, upon any of the grounds for which licensure may be revoked or suspended.

This rule is intended to implement Iowa Code section 147.4.

ITEM 11. Amend rule 650—11.11(261) as follows:

650—11.11(252J,261) Receipt of certificate of noncompliance. The board shall consider the receipt of a certificate of noncompliance from the college student aid commission pursuant to Iowa Code sections 261.121 to 261.127 and 650—Chapter 34 of these rules or receipt of a certificate of noncompliance of a support order from the child support recovery unit pursuant to Iowa Code chapter 252J and 650— Chapter 33 of these rules. License denial shall follow the procedures in the statutes and board rules as set forth in this rule.

This rule is intended to implement Iowa Code chapter 252J and sections 261.121 to 261.127.

Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners hereby gives Notice of Intended Action to amend Chapter 12, “Examinations,” Iowa Administrative Code.

These amendments update the Board’s rules on examinations for dental and dental hygiene licensure. Specific changes are as follows:

• The title of the chapter is renamed “Dental and Dental Hygiene Examinations.” This change will clarify that rules in this chapter do not apply to dental assistants.

• Several provisions related to how and where to take the examination, identification numbers given, the failure of candidates, and the procurement of patients are eliminated. The Board utilizes the Central Regional Dental Testing Service, Inc. (CRDTS) and the Western Regional Examining Board, Inc. (WREB) to administer the examination. CRDTS sets the dates and times for the examination and other examination procedures. Examinees need to follow the requirements established by CRDTS and WREB.

• Dental hygienists who fail the examination three times will be required to retake the equivalent of an additional semester of an approved dental hygiene curriculum prior to retaking the CRDTS or WREB examination on the fourth examination attempt. Dentists are currently required to retake the equivalent of their senior year prior to a fourth examination attempt.

The Board’s Committee for Regulatory Review, formed pursuant to Executive Order Number 8, recommended the proposed amendments.

These rules will be subject to waiver at the sole discretion of the Board in accordance with 650—Chapter 7.

Any interested person may make written comments or suggestions on the proposed amendments on or before December 4, 2001. Such written comments should be directed to Jennifer Hart, Executive Officer, Board of Dental Examiners, 400 SW 8th Street, Suite D, Des Moines, Iowa 50309–4687. E–mail may be sent to jhart@bon.state.ia.us.

Also, there will be a public hearing on December 4, 2001, from 2 to 3 p.m. in the Conference Room, 400 SW 8th Street, Suite D, 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 amendments. Any person who plans to attend the public hearing and who may have special requirements, such as hearing or mobility impairments, should contact the Board and advise of specific needs.

These amendments were approved at the October 25, 2001, regular meeting of the Board of Dental Examiners.

These amendments are intended to implement Iowa Code chapters 147 and 153.

The following amendments are proposed.

ITEM 1. Amend the title of 650—Chapter 12 as follows:

CHAPTER 12
DENTAL AND DENTAL HYGIENE EXAMINATIONS

ITEM 2. Amend rule 650—12.1(153) as follows:

12.1(1) Unless otherwise notified in writing, applicants shall appear at the time and place fixed by the board to take the examination. To meet the requirements for dental licensure by examination, applicants shall complete either the Central Regional Dental Testing Service, Inc. (CRDTS) examination or the Western Regional Examining Board, Inc. (WREB) examination, if taken after January 1, 2001.

12.1(2) Each applicant shall be assigned a number for identification purposes during the examination. The examination shall be conducted so as to conceal the identity of the applicant as best as possible. Examinees shall meet the requirements for testing and follow the procedures established by either the Central Regional Dental Testing Service, Inc. or the Western Regional Examining Board, Inc.

12.1(6 3) Prior to April 1, 1995, the examinee must attain an average grade of not less than 70 percent on each clinical portion of the examination and 70 percent on the written portion of the examination. Between April 1, 1995, and December 30, 2000, the examinee must attain an average grade of not less than 75 percent on each clinical portion of the examination and 75 percent on the written portion of the examination. Effective April 1, 1997, the written portion of Central Regional Dental Testing Service (CRDTS) was eliminated from the examination. Effective January 1, 2001, the examinee must attain a comprehensive score that meets the passing standard established by CRDTS or the Western Regional Examining Board, Inc. (WREB).

12.1(7 4) Each examinee shall be required to perform such clinical operations as may be required by the Central Regional Dental Testing Service, Inc. or the Western Regional Examining Board, Inc. (WREB) for the purpose of sufficiently evaluating and testing the fitness of the examinee to practice dentistry.

ITEM 3. Amend rule 650—12.2(153), parenthetical implementation, as follows:

ITEM 4. Amend rule 650—12.3(153) as follows:

12.3(1 3) The examinee must attain an average grade of 70 percent on the examination.

12.3(2 4) Each examinee shall be required to perform such practical demonstrations as may be required by the Central Regional Dental Testing Service, Inc. or the Western Regional Examining Board, Inc. for the purpose of sufficiently evaluating and testing the fitness of the examinee to practice dental hygiene.

ITEM 5. Amend rule 650—12.4(153), parenthetical implementation, as follows:

ITEM 6. Amend subrule 12.4(3) as follows:

12.4(3) Fourth examination. Prior to the fourth examination, a dental hygiene examinee must submit proof of satisfactory completion of an approved curriculum in the equivalent of an additional semester of dental hygiene at a university or school with an approved curriculum approved by the dental hygiene committee.

ITEM 7. Rescind rule 650—12.5(153).

Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners hereby gives Notice of Intended Action to amend Chapter 14, “Renewal,” Iowa Administrative Code.

Item 1 of the amendments specifies the expiration date of licenses and exempts licensees from the continuing education requirement for the current biennial period after initial issuance of the license. Item 2 of the amendments rescinds rule 650—14.2(153). The requirements of this rule have been incorporated into rule 650—14.1(153). Item 3 of the amendments specifies the grounds for nonrenewal of a license or registration. The late renewal requirements are also amended by shortening the length of time allowed for late renewal in order to encourage licensees to renew on time. The amendments also clarify the requirements for reinstatement of a lapsed license or registration. The reinstatement fees and continuing education requirements for reinstatement have been capped to encourage more licensees to reinstate a lapsed license.

The Board’s Committee for Regulatory Review, formed pursuant to Executive Order Number 8, recommended the proposed amendments.

These amendments are subject to waiver at the sole discretion of the Board in accordance with 650—Chapter 7.

Any interested person may make written comments or suggestions on the proposed amendments on or before December 4, 2001. Such written comments should be directed to Jennifer Hart, Executive Officer, Board of Dental Examiners, 400 SW 8th Street, Suite D, Des Moines, Iowa 50309–4687. E–mail may be sent to jhart@bon.state.ia.us.

Also, there will be a public hearing on December 4, 2001, from 2 to 3 p.m. in the Conference Room, 400 SW 8th Street, Suite D, 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 amendments. Any person who plans to attend the public hearing and who may have special requirements, such as hearing or mobility impairments, should contact the Board and advise of specific needs.

These amendments were approved at the October 25, 2001, regular meeting of the Board of Dental Examiners.

These amendments are intended to implement Iowa Code chapters 147 and 153.

The following amendments are proposed.

ITEM 1. Amend rule 650—14.1(153) as follows:

650—14.1(147,153,272C) Renewal of license to practice dentistry or dental hygiene. A license to practice dentistry or a license to practice dental hygiene must be renewed biennially. Licenses expire on June 30 of every even–numbered year. The board will notify each licensee by mail of the expi–ration of the license.

14.1(1) Application for renewal must be made in writing to the board on forms provided by the board at least 30 days before the current license expires.

14.1(2) The appropriate fee as specified in 650—Chapter 15 of these rules shall must accompany the application for renewal of a license at least 30 days before the current license expires. A penalty shall be assessed by the board for late renewal.

14.1(3) Completion of continuing education in accordance with 650—Chapter 25 is required for renewal of an active license. However, licensees are exempt from the continuing education requirement for the current biennium in which the license is issued. Failure to comply will automatically result in an inactive renewal.

14.1(4) In order to renew a license as a dental hygienist, the licensee shall be required to furnish evidence of a valid annual current certification in a nationally recognized course in cardiopulmonary resuscitation.

14.1(5) The dental hygiene committee may, in its discretion, review any applications for renewal of a dental hygiene license and make recommendations to the board. The board’s review is subject to 650—Chapter 5.

This rule is intended to implement Iowa Code section 147.10 and chapters 153 and 272C.

ITEM 2. Rescind and reserve rule 650—14.2(153).

ITEM 3. Amend rules 650—14.3(153), 650—14.4(153), and 650—14.5(153) as follows:

650—14.3(147,153,272C) Grounds for nonrenewal of license to practice dentistry or dental hygiene or of registration as a dental assistant. The board may refuse to renew, after proper notice and hearing, a license or registration on the following grounds:

14.3(1) Violation After proper notice and hearing, for a violation of these rules or Iowa Code chapter 147, or 153, or 272C during the term of the last license or registration or renewal of license or registration.

14.3(2) Commission of any acts of unprofessional conduct during the term of the last license or registration or renewal of license or registration. Failure to pay required fees.

14.3(3) Failure to obtain required continuing education.

This rule is intended to implement Iowa Code section 153.23 and chapter chapters 147, 252J, 261, and 272C.

650—14.4(147,153,272C) Late fee. Failure to renew the license prior to August July 1 following June 30 expiration shall result in a late fee of $50 $100 being assessed by the board in addition to the renewal fee. Failure to renew prior to September August 1 following expiration shall result in a late fee of $100 $150 being assessed. Failure to renew prior to October 1 following expiration shall result in a late fee of $150 being assessed. The maximum late fee shall be $150.

14.4(1) No renewal application shall be considered timely and sufficient until received by the board and accompanied by the material required for renewal and all applicable renewal and late fees.

14.4(2) Failure of a licensee to renew a license prior to November September 1 following its expiration shall cause the license to lapse and become invalid. A licensee whose license has lapsed and become invalid is prohibited from the practice of dentistry or dental hygiene until the license is reinstated in accordance with rule 14.5(153).

This rule is intended to implement Iowa Code sections 147.10, 147.11, 153.30 and 272C.2.

14.5(1) A licensee or a registrant who allows a license or registration to lapse by failing to renew may be reinstated at the discretion of the board by submitting the following:

a. A completed application for reinstatement of a lapsed license to practice dentistry or dental hygiene or application for reinstatement of a lapsed registration on the form provided by the board. The reinstatement fee of $150 shall accompany the application.

c b. Dates and places of practice.

d c. A list of other states in which licensed or registered and the identifying number of each license or registration.

f d. Reasons for seeking reinstatement and why the license or registration was not maintained.

g e. Payment of all renewal fees then and penalties past due, not to exceed $750, plus the reinstatement fee as specified in 650—Chapter 15.

h f. Evidence of completion of a total of 15 hours of continuing education for each lapsed year or part thereof in accordance with 650—Chapter 25, up to a maximum of 75 hours. Dental assistants shall be required to submit evidence of completion of a total of 10 hours of continuing education for each lapsed year or part thereof in accordance with 650— 20.12(153,78GA,ch1002), up to a maximum of 50 hours.

i g. If licensed or registered in another state, the licensee or registrant shall provide certification by the state board of dentistry or equivalent authority of such state that the licensee or registrant has not been the subject of final or pending disciplinary action.

j h. Statement as to any investigations, claims, complaints, judgments or settlements made with respect to the licensee arising out of the alleged negligence or malpractice in rendering professional services as a dentist, dental hygienist, or dental assistant. A statement disclosing and explaining any disciplinary actions, investigations, claims, complaints, judgments, settlements, or criminal charges.

14.5(2) to 14.5(4) No change.

This rule is intended to implement Iowa Code sections 147.10, 147.11, 153.30 and 272C.2.

Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners hereby gives Notice of Intended Action to amend Chapter 14, “Renewal,” and Chapter 25, “Continuing Education,” Iowa Administrative Code.

These amendments require all licensees to provide evidence of current certification in cardiopulmonary resuscitation (CPR) from a nationally recognized provider at the time of license renewal or reinstatement. Currently, only dental hygienists and dental assistants are required to show proof of CPR at the time of renewal. Dentists are responsible for supervising all personnel in the office and solely responsible for the care and treatment of patients in their offices. Accordingly, dentists should also maintain certification in CPR to protect the health, safety, and welfare of patients in their offices.

The Board’s Committee for Regulatory Review, formed pursuant to Executive Order Number 8 and comprised of a representative from each of the dental associations and a representative from the dental education institutions, recommended the proposed amendments.

These amendments are subject to waiver at the sole discretion of the Board in accordance with 650—Chapter 7.

Any interested person may make written comments or suggestions on the proposed amendments on or before December 4, 2001. Such written comments should be directed to Jennifer Hart, Executive Officer, Board of Dental Examiners, 400 SW 8th Street, Suite D, Des Moines, Iowa 50309– 4687. E–mail may be sent to jhart@bon.state.ia.us.

Also, there will be a public hearing on December 4, 2001, from 2 to 3 p.m. in the Conference Room, 400 SW 8th Street, Suite D, 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 amendments. Any person who plans to attend the public hearing and who may have special requirements, such as hearing or mobility impairments, should contact the Board and advise of specific needs.

These amendments were approved at the October 25, 2001, regular meeting of the Board of Dental Examiners.

These amendments are intended to implement Iowa Code chapters 147, 153, and 272C.

The following amendments are proposed.

ITEM 1. Amend subrule 14.1(4) as follows:

14.1(4) In order to renew a license, as a dental hygienist the licensee shall be required to furnish evidence of a valid annual current certification in a nationally recognized course in cardiopulmonary resuscitation is required.

ITEM 2. Adopt the following new subrule 14.3(4):

14.3(4) Failure to provide proof of current certification in cardiopulmonary resuscitation.

ITEM 3. Amend subrule 14.5(1) by adopting new paragraph “i” as follows:

i. Evidence that the applicant possesses a current certificate in a nationally recognized course in cardiopulmonary resuscitation.

ITEM 4. Amend subrule 25.2(10) as follows:

25.2(10) A licensed dental hygienist or registered dental assistant Licensees and registrants shall furnish evidence of valid certification for cardiopulmonary resuscitation, which shall be credited toward the continuing education requirement for renewal of the license or registration. Such evidence shall be filed at the time of renewal of the license or registration. Credit hours awarded shall not exceed three continuing education credit hours per biennium. Valid certification means certification by an organization on an annual basis or, if that certifying organization requires certification on a less frequent basis, evidence that the hygienist or dental assistant licensee or registrant has been properly certified for each year covered by the renewal period.

Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners hereby gives Notice of Intended Action to amend Chapter 25, “Continuing Education,” Iowa Administrative Code.

The purpose of the amendments is to clarify the continuing education requirements for licensees and responsibilities of continuing education sponsors. The number of credit hours allowed for home study activities is increased from 6 to 12 hours per biennium and credit for passing a recognized specialty examination is given. A continuing education sponsor fee of $100 is proposed and an application fee of $10 for prior approval of a program is proposed. The Board is proposing the fees to cover the costs associated with reviewing and approving sponsors and programs.

The Board’s Committee for Regulatory Review, formed pursuant to Executive Order Number 8 and comprised of representatives from the major dental associations and education programs, recommended the proposed amendments.

In addition, pursuant to 2001 Iowa Acts, House File 680, the amendments require licensees and registrants who regularly examine, attend, counsel or treat adults or children to document on the renewal application completion of mandatory training on abuse identification and reporting and to keep compliance records on file. Exemptions are also set out.

These rules will be subject to waiver at the sole discretion of the Board in accordance with 650—Chapter 7 and 650— 25.7(153).

Any interested person may make written comments or suggestions on the proposed amendments on or before December 4, 2001. Such written comments should be directed to Jennifer Hart, Executive Officer, Board of Dental Examiners, 400 SW 8th Street, Suite D, Des Moines, Iowa 50309– 4687. E–mail may be sent to jhart@bon.state.ia.us.

Also, there will be a public hearing on December 4, 2001, from 2 to 3 p.m. in the Conference Room, 400 SW 8th Street, Suite D, 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 amendments. Any person who plans to attend the public hearing and who may have special requirements, such as hearing or mobility impairments, should contact the Board and advise of specific needs.

These amendments were approved at the October 25, 2001, regular meeting of the Board of Dental Examiners.

These amendments are intended to implement Iowa Code chapters 147 and 153.

The following amendments are proposed.

ITEM 1. Amend subrules 25.2(1), 25.2(2), 25.2(4) and 25.2(5) as follows:

25.2(1) Beginning January 1, 1979, each person licensed to practice dentistry or dental hygiene in this state shall complete during each calendar year a minimum of 15 hours of continuing education approved by the board. Compliance with the requirement of continuing education is a prerequisite for license renewal in each subsequent license renewal year.

Beginning January 1, 1984, each Each person licensed to practice dentistry or dental hygiene in this state shall complete during the biennium ending December 31, 1985, and each biennium thereafter renewal period a minimum of 30 hours of continuing education approved by the board.

25.2(2) For the license renewal period beginning July 1, 1992, the continuing education compliance period shall extend from January 1, 1990, through June 30, 1992. For all subsequent license renewal periods the The continuing education compliance period shall be the 24–month period ending on the June 30 immediately preceding the commencing July 1 commencement date of the license renewal period and ending on June 30 of the renewal cycle.

25.2(4) It is the responsibility of each licensee or registrant to finance the costs of continuing education. All fees for continuing education courses shall be remitted by licensee or registrant directly to the sponsor or as the board may otherwise direct.

25.2(5) Every licensee or registrant shall maintain a rec–ord of all courses attended by keeping the certificates of attendance for four years after the end of the year of attendance. The board reserves the right to require any licensee or registrant to submit the certificates of attendance for the continuing education courses attended as further evidence of compliance for any year no more than four years previously.

ITEM 2. Amend subrule 25.2(9) as follows:

25.2(9) Licensees shall complete training relating to the identification and reporting of child abuse and dependent adult abuse pursuant to the requirements set forth by Iowa Code section 232.69(3) and chapter 235B. Mandatory training for child abuse and dependent adult abuse reporting.

ITEM 3. Amend subrules 25.3(3) to 25.3(6) as follows:

25.3(3) It is conducted by individuals who have a special education, training and experience by reason of which said individuals should to be considered experts concerning the subject matter of the program. The program must include a manual or written outline which that substantively pertains to the subject matter of the program.

25.3(4) Activity types acceptable for continuing dental education credit may include:

a. Attendance at a multiday convention–type meeting. A multiday, convention–type meeting is held at a national, state, or regional level and involves a variety of concurrent educational experiences directly related to the practice of dentistry. Effective July 1, 2000, attendees shall receive three hours of credit with the maximum allowed six hours of credit per biennium. Prior to July 1, 2000, attendees shall receive received five hours of credit with the maximum allowed ten hours of credit per biennium. Four hours of credit shall be allowed for presentation of an original table clinic at a convention–type meeting as verified by the sponsor when the subject matter conforms with 25.3(7). Attendees at the table clinic session of a dental, dental hygiene, or dental assisting convention shall receive two hours of credit as verified by the sponsor.

b. Postgraduate study relating to health sciences shall receive 15 credits per semester hour.

c. Successful completion of Part II of the National Board Examination for dentists, or the National Board Examination for dental hygienists, if taken five or more years after graduation, or a recognized specialty examination will result in 15 hours of credit.

d. Self–study activities shall result in a maximum of 12 hours of credit per biennium. Activity may include television viewing, video programs, correspondence work or research or computer Computer CD–ROM programs that are interactive and require branching, navigation, participation and decision making on the part of the viewer are allowed a maximum of 12 hours per biennium.

e g. Credit may be given for other continuing education activities upon request and approval by the Iowa board of dental examiners.

25.3(5) Prior approval of activities. An organization or person other than an approved sponsor, which desires prior approval of a course, program or other continuing education activity or who desires to establish approval of the activity prior to attendance, shall apply for approval to the board at least 90 days in advance of the commencement of the activity on a form provided by the board. The board shall approve or deny the application. The application shall state the dates, subjects offered, total hours of instruction, names and qualifications of speakers and other pertinent information. An application fee of $10, which shall be considered a repayment receipt as defined in Iowa Code section 8.2, is required. Applications may include the following:

25.3(6) Postapproval of activities. A licensee or registrant seeking credit for attendance and participation in an educational activity which was not conducted by an approved sponsor or otherwise approved may submit to the board, within 60 days after completion of such activity, its dates, subjects, instructors, and their qualifications, the number of credit hours and proof of attendance therefor. Within 90 days after receipt of such application the board shall advise the licensee or registrant in writing by ordinary mail whether the activity is approved and the number of hours allowed therefor. All requests may be reviewed by the advisory committee on continuing education prior to final approval or denial by the board. A licensee or registrant not complying with the requirements of this paragraph may be denied credit for such activity.

ITEM 4. Amend subrule 25.3(7), paragraph “b,” as follows:

b. Unacceptable subject matter includes personal development, business aspects of practice, personnel management, government regulations, insurance, collective bargaining, and community service presentations. While desirable, those subjects are not applicable to dental skills, knowledge, and competence. Therefore, such courses will receive no credit toward renewal. The board may deny credit for any course. Courses in patient treatment record keeping, risk management, communication and OSHA regulations are acceptable subject matter.

ITEM 5. Adopt new subrule 25.3(8) as follows:

25.3(8) Inquiries relating to acceptability of continuing dental education activities, approval of sponsors, or exemptions should be directed to Advisory Committee on Continuing Dental Education, Iowa Board of Dental Examiners, 400 S.W. 8th Street, Suite D, Des Moines, Iowa 50309–4687.

ITEM 6. Amend subrules 25.4(2) and 25.4(3) as follows:

25.4(2) Prospective sponsors must apply to the board of dental examiners using a “Sponsor Approval Form” in order to obtain approved sponsor status. An application fee of $100 is required, which shall be considered a repayment receipt as defined in Iowa Code section 8.2. Board–approved sponsors must pay the biennial renewal fee of $100, which shall be considered a repayment receipt as defined in Iowa Code section 8.2, and file a sponsor recertification record report biennially.

25.4(3) The person or organization sponsoring continuing education activities shall make a written record of the Iowa licensees or registrants in attendance and send a signed copy of such attendance record to the board office upon completion of the activity, but in no case later than July 1 of even–numbered years. The report shall be sent to the Iowa Board of Dental Examiners, 400 S.W. 8th Street, Suite D, Des Moines, Iowa 50309–4687. The sponsor of the continuing education activity shall also provide proof of attendance and the number of credit hours awarded to the licensee or registrant who participates in the continuing education activity.

ITEM 7. Amend rule 650—25.5(153) as follows:

650—25.5(153) Review of programs or sponsors. The board on its own motion or at the recommendation of the advisory committee on continuing education may monitor or review any continuing education program or sponsors already approved by the board. and upon Upon evidence of significant variation in the program presented from the program approved, the board may disapprove all or any part of the approved hours granted to the program or may rescind the approval status of the sponsor.

ITEM 8. Amend rule 650—25.7(153) as follows:

25.7(1) Waivers. Illness or disability. The board may, in individual cases involving physical disability or illness, grant waivers an exemption of the minimum education requirements or extensions an extension of time within which to fulfill the same or make the required reports. No waiver exemption or extension of time shall be granted unless written application is made on forms provided by the board and signed by the licensee or registrant and a physician licensed by the board of medical examiners. Waivers Extensions or exemptions of the minimum educational requirements may be granted by the board for any period of time not to exceed one calendar year. In the event that the physical disability or illness upon which a waiver an exemption has been granted continues beyond the period of the waiver granted, the licensee or registrant must reapply for an extension of the waiver exemption. The board may, as a condition of the waiver exemption granted, require the applicant to make up a certain portion or all of the minimum educational requirements waived by methods prescribed by the board.

25.7(2) Extensions or exemptions. Other extensions or exemptions. Extensions or exemptions of continuing education requirements will be considered by the board on an individual basis. Licensees or registrants will be exempt from the continuing education requirements for:

a. Periods that the person serves honorably on active duty in the military services;

b. Periods that the person practices the person’s profession in another state or district having a continuing education requirement and the licensee or registrant meets all requirements of that state or district for practice therein;

c. Periods that the person is a government employee working in the person’s licensed or registered specialty and assigned to duty outside the United States; or

d. Other periods of active practice and absence from the state approved by the board. ;

ITEM 9. Amend rule 650—25.10(153) as follows:

650—25.10(153) Noncompliance with continuing dental education requirements. It is the licensee’s or registrant’s personal responsibility to comply with these rules. The license or registration of individuals not complying with the continuing dental education rules may be subject to disciplinary action by the board or nonrenewal of the license or registration.

ITEM 10. Amend 650—Chapter 25, implementation clause, as follows:

These rules are intended to implement Iowa Code section sections 147.10, 153.15A and 153.39 and chapter 272C.

Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners hereby gives Notice of Intended Action to amend Chapter 27, “Standards of Practice and Principles of Professional Ethics,” Iowa Administrative Code.

This amendment updates the Board’s rule on unethical and unprofessional conduct.

The Board’s Committee for Regulatory Review, formed pursuant to Executive Order Number 8, recommended the proposed amendment.

In accordance with rule 650—27.12(17A,147,153,272C), this amendment is not subject to waiver or variance because the amendment establishes ethical standards that must be adhered to in order to protect public health, safety, and welfare.

Any interested person may make written comments or suggestions on the proposed amendment on or before December 4, 2001. Such written comments should be directed to Jennifer Hart, Executive Officer, Board of Dental Examiners, 400 SW 8th Street, Suite D, Des Moines, Iowa 50309–4687. E–mail may be sent to jhart@bon.state.ia.us.

Also, there will be a public hearing on December 4, 2001, from 2 to 3 p.m. in the Conference Room, 400 SW 8th Street, Suite D, 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 amendment. Any person who plans to attend the public hearing and who may have special requirements, such as hearing or mobility impairments, should contact the Board and advise of specific needs.

This amendment was approved at the October 25, 2001, regular meeting of the Board of Dental Examiners.

This amendment is intended to implement Iowa Code chapters 147, 153, and 272C.

The following amendment is proposed.

Amend rule 650—27.9(153) as follows:

27.9(1) Licensee or registrant actions determined by the board to be verbally abusive, coercive, intimidating, harassing, untruthful or threatening in connection with the practice of dentistry shall constitute unethical or unprofessional conduct.

27.9(2) A treatment regimen shall be fully explained and patient authorization obtained before treatment is begun.

27.9(3) A dentist or dental hygienist licensee or registrant determined to be infected with HIV or HBV shall not perform an exposure–prone procedure except as approved by the expert review panel as defined in Iowa Code section 139C.1, established by the Iowa department of public health under subsection 139C.2(3), or if the dentist or dental hygienist licensee or registrant works in a hospital setting, the licensee or registrant may elect either the expert review panel established by the hospital or the expert review panel established by the Iowa department of public health for the purpose of making a determination of the circumstances under which the dentist or dental hygienist licensee or registrant may perform exposure–prone procedures. The licensee or registrant shall comply with the recommendations of the expert review panel. Failure to do so shall constitute unethical and unprofessional conduct and is grounds for disciplinary action by the board.

Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners hereby gives Notice of Intended Action to amend Chapter 28, “Designation of Specialty,” Iowa Administrative Code.

These amendments recognize a new dental specialty of oral and maxillofacial radiology. The American Dental Association recognized this new specialty in October 1999. Definitions of the specialty have recently been approved.

These rules are subject to waiver at the sole discretion of the Board in accordance with 650—Chapter 7.

Any interested person may make written comments or suggestions on the proposed amendments on or before December 4, 2001. Such written comments should be directed to Jennifer Hart, Executive Officer, Board of Dental Examiners, 400 SW 8th Street, Suite D, Des Moines, Iowa 50309–4687. E–mail may be sent to jhart@bon.state.ia.us.

Also, there will be a public hearing on December 4, 2001, from 2 to 3 p.m. in the Conference Room, 400 SW 8th Street, Suite D, 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 amendments. Any person who plans to attend the public hearing and who may have special requirements, such as hearing or mobility impairments, should contact the Board and advise of specific needs.

These amendments were approved at the October 25, 2001, regular meeting of the Board of Dental Examiners.

These amendments are intended to implement Iowa Code chapters 147, 153, and 272C.

The following amendments are proposed.

ITEM 1. Amend rule 650—28.1(153) as follows:

650—28.1(153) General review. A dentist may represent that the dentist is a specialist in the specialties of dental public health, endodontics, oral and maxillofacial pathology, oral and maxillofacial surgery, orthodontics, pediatric dentistry, periodontics, or prosthodontics, or oral and maxillofacial radiology provided the requirements of that area of specialty have been met. The board recognizes there are overlapping responsibilities among the recognized areas of dental practice. However, as a matter of principle, a specialist shall not routinely provide procedures that are beyond the scope of the specialty as defined below.

ITEM 2. Adopt new rule 650—28.10(153) as follows:

28.10(1) Definition. Oral and maxillofacial radiology is the specialty of dentistry and discipine of radiology concerned with the production and interpretation of images and data produced by all modalities of radiant energy that are used for the diagnosis and management of diseases, disorders, and conditions of the oral and maxillofacial region.

28.10(2) Requirements.

a. Be a diplomate of the American Board of Oral and Maxillofacial Radiology; or

b. Have successfully completed a formal graduate or residency training program in oral and maxillofacial radiology accredited by the Commission on Dental Accreditation of the American Dental Association.

Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners hereby gives Notice of Intended Action to amend Chapter 30, “Discipline,” and adopt a new Chapter 35, “Impaired Practitioner Review Committee,” Iowa Administrative Code.

These amendments clarify the Board’s disciplinary rules and add two new grounds for disciplinary action: (1) providing false information to the board or an agent of the board during the course of an inspection or investigation or interfering with an inspection or investigation; and (2) violating the terms of an initial agreement with the Impaired Practitioner Review Committee (IPRC) or a recovery contract entered into with the IPRC. In addition, the amendments move the Board’s existing rule on the IPRC to a new Chapter 35, “Impaired Practitioner Review Committee.”

The Board’s Committee for Regulatory Review, formed pursuant to Executive Order Number 8, recommended the proposed amendments.

In accordance with rule 650—30.4(147,153,272C), these amendments are not subject to waiver or variance because the amendments establish grounds for discipline that must be adhered to in order to protect public health, safety, and welfare.

Any interested person may make written comments or suggestions on the proposed amendments on or before December 4, 2001. Such written comments should be directed to Jennifer Hart, Executive Officer, Board of Dental Examiners, 400 SW 8th Street, Suite D, Des Moines, Iowa 50309–4687. E–mail may be sent to jhart@bon.state.ia.us.

Also, there will be a public hearing on December 4, 2001, from 2 to 3 p.m. in the Conference Room, 400 SW 8th Street, Suite D, 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 amendments. Any person who plans to attend the public hearing and who may have special requirements, such as hearing or mobility impairments, should contact the Board and advise of specific needs.

These amendments were approved at the October 25, 2001, regular meeting of the Board of Dental Examiners.

These amendments are intended to implement Iowa Code chapters 147, 153, and 272C.

The following amendments are proposed.

ITEM 1. Amend rules 650—30.1(153) and 650— 30.2(153) as follows:

650—30.1(153) General. The board has authority to impose discipline for any violation of Iowa Code chapter 153, title IV, subtitle 3, chapter 272C, or the rules promulgated thereunder.

650—30.2(153) Methods of discipline. The board has authority to impose one or more of the following disciplinary sanctions:

1. Revocation of license or registration.

2. Suspension of license or registration until further order of the board or for a specified period.

3. Nonrenewal of license or registration.

4. Prohibit permanently, until further order of the board or for a specified period, the engaging in specified procedures, methods or acts.

5. Probation.

6. Require additional education or training.

7. Require reexamination clinical or written examination.

8. Order a physical, or mental, or clinical evaluation examination.

9. Impose civil penalties not to exceed $10,000 where specifically provided by rules.

10. Issue citation and warning.

11. Such other sanctions allowed by law as may be appropriate.

ITEM 2. Amend 650—30.4(147,153,272C) as follows:

Amend numbered paragraphs “4,” “7,” “11,” “13,” and “24,” as follows:

4. Conviction of a felony or misdemeanor crime if the conviction relates to the practice of the profession.

7. Improper sexual contact with, or making Making suggestive, lewd, lascivious or improper remarks or advances to a patient or a coworker.

11. Splitting fees, accepting rebates, or accepting commissions from any source associated with the service rendered to the patient except as provided elsewhere by law or rule. The sharing of income in a partnership or association shall not be construed as splitting fees nor shall compensating dental hygienists on the basis of a percentage of the fee received for the overall service be deemed accepting a commission. Receiving or paying any fees for referral of patients.

13. Unprofessional conduct including, but not limited to, those acts defined by Iowa Code section 153.32 and or any violation of 650—Chapter 27.

24. Failure to report any of the following:

Any acts or omissions which could result in the suspension or revocation of a license or registration when committed by a person licensed or registered to practice dentistry, dental hygiene, or dental assisting.

Every adverse judgment in a professional malpractice action to which the licensee or registrant was a party.

Every settlement of a claim against the licensee or registrant alleging malpractice.

Rescind and reserve paragraph “25.”

Amend numbered paragraphs “26” to “29,” “35,” and “37” as follows:

26. Employing or making use of advertising solicitors or publicity agents or soliciting employment personally or by representative except as is expressly authorized by rules of the board. Providing false information to the board or an agent of the board during the course of an inspection or investigation or interfering with an inspection or investigation.

27. Employing any person to obtain, contract for, sell or solicit patronage, or make use of free publicity press agents except as is expressly authorized by rules of the board. In a case that has been referred by the impaired practitioner review committee (IPRC) to the board, violating the terms of an initial agreement with the IPRC or a recovery contract entered into with the IPRC.

28. Any violation of Violating any provision of Iowa Code chapter 153 law, or for being a party to or assisting in any violation of any provision of Iowa Code chapter 153 law.

29. Any willful or repeated violations of Iowa Code chapter 153 law, or for being a party to or assisting in any violation of any provision of Iowa Code chapter 153 law.

35. Failure to comply with the recommendations universal precautions for preventing transmission of human immunodeficiency virus and hepatitis B virus to patients duringexposure–prone invasive procedures infectious diseases as issued by the Centers for Disease Control of the United States Department of Health and Human Services.

37. Failure to comply with the infection control standards which are consistent with the standards set forth in 347— Chapters 10 and 26 875—Chapters 10 and 26.

ITEM 3. Amend 650—Chapter 30, implementation clause, as follows:

This chapter is These rules are intended to implement Iowa Code sections 261.121 to 261.127 153.34(9), 252H.10, 272C.3(1)“k,” 272C.3(2)“e,” 272C.4, 272C.5, 272C.10, 598.21(4)“e,” and 598.21(8) and Iowa Code chapter chapters 147, 153, 252J, 272C, and 598.

ITEM 4. Renumber rule 650—30.5(153) as rule 650— 35.1(153,272C) in new Chapter 35, “Impaired Practitioner Review Committee.”

ITEM 5. Amend renumbered rule 650—35.1(153,272C) as follows:

Strike “licensee” wherever it appears and insert in lieu thereof “practitioner”.

Adopt the following new definitions in alphabetical order:

“Initial agreement” means the written document establishing the initial terms for participation in the impaired practitioner recovery program.

“Practitioner” means a licensed dentist or dental hygienist or a registered dental assistant.

Amend the following definition:

“Impairment” means an inability to practice dentistry, or dental hygiene, or dental assisting with reasonable safety and skill as a result of alcohol or drug abuse, dependency, or addiction, or any neuropsychological or physical disorder or disability.

Amend subrule 35.1(2) as follows:

35.1(2) Purpose. The IPRC evaluates, assists, monitors and, as necessary, makes reports to the board on the recovery or rehabilitation of dentists, or hygienists, or assistants who self–report impairments. Reports on the activities of the IPRC shall be made to the board on a quarterly basis.

Amend subrule 35.1(4), paragraph “a,” as follows:

a. The licensee practitioner engaged in the unlawful diversion or distribution of controlled substances or illegal substances to a third person or for personal profit or gain;

Amend subrule 35.1(5) as follows:

35.1(5) Type of program. The IPP is an individualized recovery or rehabilitation program designed to meet the specific needs of the impaired practitioner. The committee shall meet with the licensee, in consultation with the practitioner and, upon the recommendation of an IPRC–approved evaluator, shall determine the type of recovery or rehabilitation program required to treat the licensee’s practitioner’s impairment. The committee shall prepare a contract, to be signed by the licensee practitioner, that shall provide a detailed description of the goals of the program, the requirements for successful completion, and the licensee’s practitioner’s obligations therein.

Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners hereby gives Notice of Intended Action to amend Chapter 31, “Complaints and Investigations,” and Chapter 51, “Contested Cases,” Iowa Administrative Code.

These amendments clarify the duties of peer review committees and the duties of licensees and registrants concerning mandatory reporting. The amendments also add a provision to recoup costs associated with monitoring practitioners when the practitioners agree to the stipulation in a settlement agreement.

The Board’s Committee for Regulatory Review, formed pursuant to Executive Order Number 8, recommended the proposed amendments.

These amendments are not subject to waiver or variance because the amendments establish administrative procedures only for peer review committees, mandatory requirements for licensees, and an optional settlement provision.

Any interested person may make written comments or suggestions on the proposed amendments on or before December 4, 2001. Such written comments should be directed to Jennifer Hart, Executive Officer, Board of Dental Examiners, 400 SW 8th Street, Suite D, Des Moines, Iowa 50309–4687. E–mail may be sent to jhart@bon.state.ia.us.

Also, there will be a public hearing on December 4, 2001, from 2 to 3 p.m. in the Conference Room, 400 SW 8th Street, Suite D, 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 amendments. Any person who plans to attend the public hearing and who may have special requirements, such as hearing or mobility impairments, should contact the Board and advise of specific needs.

These amendments were approved at the October 25, 2001, regular meeting of the Board of Dental Examiners.

These amendments are intended to implement Iowa Code chapters 147, 153, and 272C.

The following amendments are proposed.

ITEM 1. Amend rule 650—31.8(272C) as follows:

31.8(1) The peer review committees shall observe the requirements of confidentiality imposed by Iowa Code section 272C.6.

31.8(2) The board may provide investigatory investigative and related services to peer review committees.

31.8(3) A peer review committee shall thoroughly investigate a complaint as assigned and make provide a written recommendations report to the board in accordance with the board’s direction.

31.8(4) Written recommendations The peer review report shall contain a statement of facts, the and a recommendation for disposition and the rationale supporting the recommendation as to whether a violation of the standard of care occurred. The peer review committee should consider relevant statutes, board rules, ethical standards and standards of care in making its recommendations.

31.8(5) Written recommendations The peer review report shall be signed by the members of the peer review committee concurring in the report.

31.8(6) Upon completion, the peer review report and all investigative reports prepared by peer review committees or staff together with any recommendations information shall be submitted to the board.

ITEM 2. Rescind rule 650—31.13(272C) and adopt the following new rule:

31.13(1) Definitions. For the purposes of this rule, the following definitions apply:

“Knowledge” means any information or evidence acquired from personal observation, from a reliable or authoritative source, or under circumstances that cause the licensee to believe that there exists a substantial likelihood that an act or omission may have occurred.

“Reportable act or omission” means any conduct that may constitute a basis for disciplinary action under the rules or statutory provisions governing the practice of dentistry, dental hygiene, or dental assisting in Iowa.

31.13(2) Reporting requirement. A report shall be filed with the board when a licensee or registrant has knowledge that another person licensed or registered by the board may have committed a reportable act or omission.

a. The report shall be filed with the board within seven days from the date the licensee or registrant acquires knowledge of the reportable act or omission.

b. The report shall contain the name and the address of the licensee or registrant who may have committed the reportable act or omission, the date, time, place and circumstances in which the reportable act or omission may have occurred, and a statement indicating how the knowledge was acquired.

c. The requirement to report takes effect when a licensee or registrant has knowledge that another licensee may have committed a reportable act or omission. The final determination of whether or not such act or omission has occurred is the responsibility of the board.

31.13(3) Failure to report. Failure to report knowledge of a reportable act or omission within the required seven–day period shall constitute a basis for the initiation of a board disciplinary action against the licensee or registrant who failed to report.

ITEM 3. Adopt the following new subrule 51.19(9):

51.19(9) A provision for payment of the actual costs associated with monitoring a licensee’s or registrant’s compliance with the settlement agreement may be included in the settlement agreement. Actual costs include mileage, meals, travel expenses, hourly investigative time, and all incidental expenses associated with monitoring compliance, which shall be considered repayment receipts as defined in Iowa Code section 8.2.

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 58, “New Jobs and Income Program,” Iowa Administrative Code.

The Department is proposing these amendments with the objective of balancing two important policies: maintaining program flexibility to meet the needs of new and expanding businesses and ensuring that the State’s financial assistance resources promote fiscal responsibility.

Comments about ways in which the Department can best meet the stated objectives are solicited from all interested parties. One area for which comments are particularly sought is described in Item 3 and concerns negotiation of certain program benefits, proposed negotiation criteria, and procedures for applying these criteria.

Item 1 of the proposed amendments clarifies the policy that projects that have been initiated before receiving application approval from the Department are not eligible for assistance.

Item 2 amends the definition of “project completion” to specify that completion will be considered as occurring on the date when all improvements included in the economic development area have been made. New definitions for “project” and “project initiation” are proposed. “Project” is defined as a set of activities proposed in the application and which will accomplish New Jobs and Income Program goals. A definition for “project initiation” is proposed to more clearly delineate when a project will be considered ineligible for assistance due to lack of demonstrated need.

In Item 3, the rule concerning application prerequisites is amended to notify applicants that the Department will negotiate with an eligible business to determine the amount of certain tax incentives and assistance available for a project. The criteria to be used to establish the amount of benefits available are described.

The proposed amendments in Item 4 clarify that the amount of program benefits available to a business will be reflected in an agreement executed between the Department and the business. The proposed revisions also update statutory references, incorporate legislative changes, and describe administrative requirements that must be met for the processing of tax credit certificates to cooperatives.

Item 5 extends from six months to one year the time period a business has to file with the Department of Revenue and Finance for a refund of sales, service and use taxes paid to contractors or subcontractors.

Public comments concerning the proposed amendments will be accepted until 4:30 p.m. on December 4, 2001. Interested persons may submit written or oral comments by contacting Allen Williams, Iowa Department of Economic Development, 200 East Grand Avenue, Des Moines, Iowa 50309; telephone (515)242–4771.

A public hearing to receive comments about the proposed amendments will be held on December 4, 2001, at 2:30 p.m. at the above address in the second floor ICN Main Conference Room.

These amendments are intended to implement 2001 Iowa Acts, House File 716.

The following amendments are proposed.

ITEM 1. Amend rule 261—58.1(15) as follows:

261—58.1(15) Purpose. The purpose of the new jobs and income program is to encourage relationships between state government and business by supporting mutual development objectives. The program is designed to encourage sustained profitability for eligible businesses that invest and operate in the state in return for the desired state outcomes of new jobs and higher income. Projects that have been initiated before receiving formal application approval by the department shall not be eligible for tax incentives and assistance under this program.

ITEM 2. Amend rule 261—58.2(15) as follows:

Amend the following definition:

“Project completion” means the first date upon which the average annualized production of finished product for the preceding 90–day period at the manufacturing facility operated by the eligible business within the economic development area is at least 50 percent of the initial design capacity of the operation of the facility. The eligible business shall inform the department of revenue and finance in writing, on forms approved by the department of revenue and finance, within two weeks of project completion. For existing facilities, project completion means the date of completion of all improvements included in the economic development area.

Adopt the following new definitions in alphabetical order:

“Project” means the activity, or set of activities, proposed in the application by the business, which will result in accomplishing the goals of the new jobs and income program, and for which the business requests the benefits of the new jobs and income program.

“Project initiation” means any one of the following: the start of construction of new or expanded buildings; the start of rehabilitation of existing buildings; the purchase or leasing of existing buildings; or the installation of new machinery and equipment or new computers to be used in the operation of the business’s project. The purchase of land or signing an option to purchase land or earth moving or other site development activities not involving actual building construction, expansion or rehabilitation shall not constitute project initiation.

ITEM 3. Amend rule 261—58.3(15) as follows:

261—58.3(15) Agreement prerequisites. Before the department and a business or group of businesses enter into an agreement for program benefits, the following steps must be completed:

58.3(1) The business or group of businesses submits an application in compliance with the provisions of these rules.

58.3(2) The department determines that the business or group of businesses has met the threshold requirements for program participation.

58.3(3) The department enters into negotiations with the business or group of businesses regarding the amount of tax incentives and assistance the business or group of businesses may be eligible to receive. The department reserves the right to negotiate the amount of all program benefits except the following benefits: the new jobs supplemental credit; the value–added property tax exemption; the refund of sales, service and use taxes paid to contractors and subcontractors; the sales and use tax exemption; and the exemption from land ownership restrictions for nonresident aliens. The criteria to be used in the negotiations to determine the amount of tax incentives and assistance include but are not limited to:

58.3(3) 58.3(4) The board approves the application and the amount of tax incentives and assistance negotiated by the department that the business or group of businesses shall receive and authorizes the department to execute an agreement with the business or group of businesses.

ITEM 4. Amend rule 261—58.4(15) as follows:

261—58.4(15) Program benefits. The department reserves the right to negotiate, using the criteria in subrule 58.3(3), the amount of all program benefits except the following benefits: the new jobs supplemental credit; the value–added property tax exemption; the refund of sales, service and use taxes paid to contractors and subcontractors; the sales and use tax exemption; and the exemption from land ownership restrictions for nonresident aliens. The following benefits are may be available to an eligible business and are subject to the amount of incentives and assistance negotiated by the department with the eligible business and agreed upon as described in the executed agreement:

58.4(1) and 58.4(2) No change.

58.4(3) Investment tax credit and insurance premium tax credit.

a. Investment tax credit. An eligible business may claim an investment tax credit as provided in Iowa Code Supplement section 15.333 as amended by 2000 Iowa Acts, chapter 1213, section 1 2001 Iowa Acts, House File 716, section 1. A corporate income tax credit may be claimed of up to a maximum of 10 percent of the new investment which is directly related to new jobs created by the location or expansion of the business. If the business is a partnership, subchapter S corporation, limited liability company, or an estate or trust electing to have the income taxed directly to the individual, an individual may claim the tax credit allowed. Any credit in excess of tax liability for the tax year may be credited to the tax liability for the following seven years or until depleted, whichever occurs first. Subject to prior approval by the department in consultation with DRF, an eligible business whose project primarily involves the production of value–added agricultural products may elect to apply for a refund for all or a portion of an unused tax credit. For purposes of this subrule, an eligible business includes a cooperative as described in Section 521 of the United States Internal Revenue Code which is not required to file an Iowa corporate income tax return, and whose approved project primarily involves the production of ethanol. The refund may be used against a tax liability imposed for individual income tax, corporate income tax, or franchise tax.

b. No change.

c. Eligible capital expenditures. For purposes of this rule, the capital expenditures eligible for the investment tax credit or the insurance premium tax credit under the new jobs and income program are the costs of machinery and equipment as defined in Iowa Code section 427A.1(1)“e” and “j” and purchased for use in the operation of the eligible business, the purchase price of which has been depreciated in accordance with generally accepted accounting principles. For the investment tax credit and for the insurance premium tax credit, the cost of improvements made to real property which is used in the operation of the eligible business and which receives a partial property tax exemption for the actual value added as described in Iowa Code section 15.332 is an eligible capital expenditure. For the insurance premium tax credit, the cost of improvements made to real property which is used in the operation of the eligible business is an eligible capital expenditure.

d. No change.

e. Refunds. An eligible business whose project primarily involves the production of value–added agricultural products and whose application was approved by the department on or after May 26, 2000, may elect to receive as a refund all or a portion of an unused investment tax credit.

(1) The department will determine whether a business project primarily involves the production of value–added agricultural products. Effective July 1, 2001, an eligible business that elects to receive a refund shall apply to the department for a tax credit certificate.

(2) The business shall apply for a tax credit certificate using the form provided by the department. Requests for tax credit certificates will be accepted between May 1 and May 15 of each fiscal year. Only those eligible businesses that have completed projects before the May 1 filing date may apply for a tax credit certificate. For a cooperative described in Section 521 of the United States Internal Revenue Code that is not required to file an Iowa corporate income tax return, the department shall require the cooperative to submit a list of members whom the cooperative wishes to receive a tax credit certificate for their prorated share of ownership. The cooperative shall submit its list in a computerized electronic format that is compatible with the system used or designated by the department. The computerized list shall, at a minimum, include the name, address, social security number or taxpayer identification number, business telephone number and ownership percentage, carried out to six decimal places, of each cooperative member eligible for a tax credit certificate. The cooperative shall also submit a total dollar amount of the unused investment tax credits for which the cooperative’s members are requesting a tax credit certificate.

(3) The department will make public by June 1 of each year the total number of requests for tax credit certificates and the total amount of requested tax credit certificates that have been submitted. By June 15 of each year any business that has submitted a request for a tax credit certificate for that year may be allowed to amend or withdraw any such request. The department will issue tax credit certificates by June 30 of each fiscal year within a reasonable period of time.

(4) No change.

(5) Tax credit certificates shall not be valid until the tax year following project completion. The tax credit certificates shall not be transferred except in the case of a cooperative as described in Section 521 of the United States Internal Revenue Code which is not required to file an Iowa corporate income tax return, and whose approved project primarily involves the production of ethanol. For such a cooperative, the individual members of the cooperative are eligible to receive the tax credit certificates. Tax credit certificates shall be used in tax years beginning on or after July 1, 2001. A business shall not claim a refund of unused investment tax credit unless a tax credit certificate issued by the department is attached to the taxpayer’s tax return for the tax year during which the tax credit is claimed. Any unused investment tax credit in excess of the amount of the tax credit certificate issued by the department may be carried forward for up to seven years after the qualifying asset is placed in service or until depleted, whichever occurs first.

(6) No change.

f. No change.

58.4(4) and 58.4(5) No change.

58.4(6) Refund of sales, service and use taxes paid to contractors or subcontractors.

a. No change.

b. Taxes attributable to intangible property and furniture and furnishings shall not be refunded. To receive a refund of the sales, service and use taxes paid to contractors or subcontractors, the eligible business must, within six months one year after project completion, make an application to the Iowa department of revenue and finance.

58.4(7) and 58.4(8) No change.

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 59, “Enterprise Zone Program,” Iowa Administrative Code.

The Department is proposing these amendments with the objective of balancing two important policies: maintaining program flexibility to meet the needs of new and expanding businesses and ensuring that the state’s financial assistance resources promote fiscal responsibility.

Comments about ways in which the Department can best meet the stated objectives are solicited from all interested parties. One area for which comments are particularly sought is described in Item 4, which concerns negotiation of certain program benefits, proposed negotiation criteria, and procedures for applying these criteria.

Item 1 clarifies the policy that projects that have been initiated before receiving application approval from the Department are not eligible for enterprise zone assistance.

Item 2 proposes the addition of three new definitions: “development business,” “project” and “project initiation.” “Development business” is a new category of eligible applicants, as authorized by 2001 Iowa Acts, House File 349. “Project” is defined as a set of activities proposed in the application which will accomplish Enterprise Zone Program goals. A definition for “project initiation” is proposed to more clearly delineate when a project will be considered ineligible for assistance due to lack of demonstrated need.

Item 3 rescinds an outdated rule concerning county zone designation.

Item 4 adds a reference to the fourth way a business may apply for assistance: as an eligible development business. This rule is further amended to add a new subrule concerning the ability of the Department to negotiate certain program benefits using the proposed criteria.

Item 5 amends the rule concerning program requirements to notify applicants that the Department will negotiate with an eligible business to determine the amount of certain tax incentives and assistance available for a project. In this Item, the rule that a company will be deemed eligible if it pays an hourly wage of $9.50 or greater is rescinded. The amendment also clarifies that an eligible business must pay at least the program’s statutory minimum. Additional proposed amendments clarify that the amount of program benefits available to a business will be reflected in an agreement executed between the Department and the business. The revisions update statutory references, incorporate legislative changes, describe administrative requirements that must be met for the processing of tax credit certificates to cooperatives, and provide that the Department will issue tax credits within a reasonable period of time rather than a stated date.

Item 6 rescinds the rule that, in order to be an eligible housing business, the per–house or per–unit valuation may not exceed $120,000. There is now no limit on the per–house or per–unit valuations. Item 6 also amends the rule so that the investment tax credit to be taken by the eligible housing business is now limited to the first $140,000 of value for each single–family house or for each multifamily unit.

Item 7 adds a new rule 261—59.9(79GA,HF349) concerning eligible development businesses, a new category of eligible applicants authorized by 2001 Iowa Acts, House File 349.

Item 8 amends the rule applicable to Commission review of applications by adding references to “eligible development business.”

Items 9 and 10 propose the addition of language to indicate that the level of certain benefits available to an eligible business will be as negotiated with the Department.

Item 11 amends the rule dealing with the calculation of repayment by a development business in the event of noncompliance.

Public comments concerning the proposed amendments will be accepted until 4:30 p.m. on December 4, 2001. Interested persons may submit written or oral comments by contacting Allen Williams, Iowa Department of Economic Development, 200 East Grand Avenue, Des Moines, Iowa 50309; telephone (515)242–4771.

A public hearing to receive comments about the proposed amendments will be held on December 4, 2001, at 3:30 p.m. at the above address in the second floor ICN Main Conference Room.

These amendments are intended to implement 2001 Iowa Acts, House File 349.

The following amendments are proposed.

ITEM 1. Amend rule 261—59.1(15E) as follows:

261—59.1(15E) Purpose. The purpose of the establishment of an enterprise zone in a county or city is to promote new economic development in economically distressed areas. Eligible businesses (including eligible housing businesses) Businesses that are eligible and locating or located in an enterprise zone, and approved by the department, are authorized under this program to receive certain tax incentives and assistance. The intent of the program is to encourage communities to target resources in ways that attract productive private investment in economically distressed areas within a county or city. Projects, except for those of development businesses, that have already been initiated before receiving formal application approval by the department shall not be eligible for tax incentives and assistance under this program.

ITEM 2. Amend rule 261—59.2(15E) by adopting the following new definitions in alphabetical order:

“Development business” means a developer or development contractor that constructs, expands or rehabilitates a building space with a minimum capital expenditure of $500,000.

“Project” means the activity, or set of activities, proposed in the application by the business, which will result in accomplishing the goals of the enterprise zone program, and for which the business requests the benefits of the enterprise zone program.

“Project initiation” means any one of the following: the start of construction of new or expanded buildings; the start of rehabilitation of existing buildings; the purchase or leasing of existing buildings; or the installation of new machinery and equipment or new computers to be used in the operation of the business’s project. The purchase of land or signing an option to purchase land or earth moving or other site development activities not involving actual building construction, expansion or rehabilitation shall not constitute project initiation. This definition does not apply to eligible development businesses.

ITEM 3. Rescind subrule 59.3(4).

ITEM 4. Amend rule 261—59.5(15E) as follows:

59.5(1) To participate in the enterprise zone program, a business must qualify under one of three four categories: as an eligible business, an alternative eligible business, or an eligible housing business, or an eligible development business. Refer to rule 261—59.6(15E) for a description of the eligibility requirements and benefits available to a qualified “eligible business.” Refer to rule 261—59.7(15E) for a description of the eligibility requirements and benefits available to a qualified “alternative eligible business.” Refer to rule 261— 59.8(15E) for a description of the eligibility requirements and benefits available to a qualified “eligible housing business.” Refer to rule 261—59.9(15E) for a description of the eligibility requirements and benefits available to a qualified “eligible development business.”

ITEM 5. Amend rule 261—59.6(15E) as follows:

59.6(1) Requirements. A business which is or will be located in an enterprise zone is eligible to receive incentives and assistance under the Act if the business meets all of the following:

a. to c. No change.

d. Wage levels. The business pays an average wage that is at or greater than 90 percent of the lesser of the average county wage or average regional wage, as determined by the department. However, in any circumstance, the wage paid by the business for the project jobs shall not be less than $7.50 per hour the statutory minimum. The department will periodically calculate, revise and issue the “average county wage” and the “average regional wage” figures that will be used for determining business eligibility in the program. However, in any circumstance, a company will be deemed eligible for participation in the enterprise zone if it pays an hourly wage of $9.50 or greater. The local enterprise zone commission may establish higher company eligibility wage thresholds if it so desires.

e. and f. No change.

59.6(2) No change.

59.6(3) Benefits. The department reserves the right to negotiate the amount of all program benefits except the following benefits: the new jobs supplemental credit; the value–added property tax exemption; and the refund of sales, service and use taxes paid to contractors and subcontractors.

The following incentives and assistance are may be available to an eligible business within a certified enterprise zone, subject to the amount of incentives and assistance negotiated by the department with the eligible business and agreed upon as described in an executed agreement, only when the average wage of all the new project jobs meets the minimum wage requirements of 59.6(1)“d”:

a. and b. No change.

c. Investment tax credit and insurance premium tax credit.

(1) Investment tax credit. An eligible business may claim an investment tax credit as provided in Iowa Code section 15.333. A corporate income tax credit may be claimed of up to a maximum of 10 percent of the new investment which is directly related to new jobs created by the location or expansion of the business in the enterprise zone. If the business is a partnership, subchapter S corporation, limited liability company, or an estate or trust electing to have the income taxed directly to the individual, an individual may claim the tax credit allowed. Any credit in excess of tax liability for the tax year may be credited to the tax liability for the following seven years or until depleted, whichever occurs first. Subject to prior approval by the department in consultation with DRF, an eligible business whose project primarily involves the production of value–added agricultural products may elect to apply for a refund for all or a portion of an unused tax credit. For purposes of this paragraph, an eligible business includes a cooperative as described in Section 521 of the United States Internal Revenue Code which is not required to file an Iowa corporate income tax return, and whose approved project primarily involves the production of ethanol. The refund may be used against a tax liability imposed for individual income tax, corporate income tax, or franchise tax. The business participating in the enterprise zone may not claim an investment tax credit for capital expenditures above the amount stated in the agreement described in 261— 59.12(15E). An eligible business may instead seek to amend the contract, allowing the business to receive an investment tax credit for additional capital expenditures, or may elect to submit a new application within the enterprise zone.

(2) No change.

(3) Eligible capital expenditures. For purposes of this rule, the capital expenditures eligible for the investment tax credit or the insurance premium tax credit under the enterprise zone program are the costs of machinery and equipment as defined in Iowa Code section 427A.1(1)“e” and “j” purchased for use in the operation of the eligible business, the purchase prices of which have been depreciated in accordance with generally accepted accounting principles. For the investment tax credit and for the insurance premium tax credit, the cost of improvements made to real property which is used in the operation of the eligible business and which receives a partial property tax exemption for the actual value added as described in Iowa Code section 15.332 is an eligible capital expenditure. For the insurance premium tax credit, the cost of improvements made to real property which is used in the operation of the eligible business is an eligible capital expenditure.

(4) No change.

(5) Refunds. An eligible business whose project primarily involves the production of value–added agricultural products and whose application was approved by the department on or after May 26, 2000, may elect to receive as a refund all or a portion of an unused investment tax credit.

1. The department will determine whether a business’s project primarily involves the production of value–added agricultural products. Effective July 1, 2001, an eligible business that elects to receive a refund shall apply to the department for a tax credit certificate.

2. The business shall apply for a tax credit certificate using the form provided by the department. Requests for tax credit certificates will be accepted between May 1 and May 15 of each fiscal year. Only those eligible businesses that have completed projects before the May 1 filing date may apply for a tax credit certificate. For a cooperative described in Section 521 of the United States Internal Revenue Service Code that is not required to file an Iowa corporate income tax return, the department shall require the cooperative to submit a list of members whom the cooperative wishes to receive a tax credit certificate for their prorated share of ownership. The cooperative shall submit its list in a computerized electronic format that is compatible with the system used or designated by the department. The computerized list shall, at a minimum, include the name, address, social security number or taxpayer identification number, business telephone number and ownership percentage, carried out to six decimal places, of each cooperative member eligible for a tax credit certificate. The cooperative shall also submit a total dollar amount of the unused investment tax credits for which the cooperative’s members are requesting a tax credit certificate.

3. The department will make public by June 1 of each year the total number of requests for tax credit certificates and the total amount of requested tax credit certificates that have been submitted. By June 15 of each year any business that has submitted a request for a tax credit certificate for that year may be allowed to amend or withdraw any such request. The department will issue tax credit certificates by June 30 of each fiscal year within a reasonable period of time.

4. No change.

5. Tax credit certificates shall not be valid until the tax year following project completion. The tax credit certificates shall not be transferred except in the case of a cooperative as described in Section 521 of the United States Internal Revenue Code and which is not required to file an Iowa corporate income tax return, and whose approved project primarily involves the production of ethanol. For such a cooperative, the individual members of the cooperative are eligible to receive the tax credit certificates. Tax credit certificates shall be used in tax years beginning on or after July 1, 2001. A business shall not claim a refund of unused investment tax credit unless a tax credit certificate issued by the department is attached to the taxpayer’s tax return for the tax year during which the tax credit is claimed. Any unused investment tax credit in excess of the amount of the tax credit certificate issued by the department may be carried forward for up to seven years after the qualifying asset is placed in service or until depleted, whichever occurs first. An eligible business may apply for tax credit certificates once each year for up to seven years after the qualifying asset is placed in service or until the eligible business’s unused investment tax credit is depleted, whichever occurs first. For example, an eligible business which completes a project in October 2001 and has an investment tax credit of $1 million may apply for a tax credit certificate in May 2002. If, because of the proration of the $4 million of available credits for the fiscal year, the business is awarded a tax credit certificate in the amount of $300,000, the business may claim the $300,000 refund and carry forward the unused investment tax credit of $700,000 for up to seven years or until the credit is depleted, whichever occurs first.

d. No change.

e. Refund of sales, service and use taxes paid to contractors or subcontractors. A business is eligible for a refund of sales, service and use taxes paid to contractors and subcontractors as authorized in Iowa Code section 15.331A.

(1) An eligible business may apply for a refund of the sales and use taxes paid under Iowa Code chapters 422 and 423 for gas, electricity, water or sewer utility services, goods, wares, or merchandise, or on services rendered, furnished, or performed to or for a contractor or subcontractor and used in the fulfillment of a written contract relating to the construction or equipping of a facility within the enterprise zone.

(2) Taxes attributable to intangible property and furniture and furnishings shall not be refunded. To receive a refund of the sales, service and use taxes paid to contractors or subcontractors, the eligible business must, within six months one year after project completion, make an application to DRF. For new manufacturing facilities, “project completion” means the first date upon which the average annualized production of finished product for the preceding 90–day period at the manufacturing facility operated by the eligible business within the enterprise zone is at least 50 percent of the initial design capacity of the facility. For existing facilities, “project completion” means the date of completion of all improvements included in the enterprise zone project.

f. No change.

ITEM 6. Amend rule 261—59.8(15E) as follows:

261—59.8(15E) Eligible housing business. An eligible housing business includes a housing developer or housing contractor.

59.8(1) Requirements. A housing business shall satisfy all of the following as conditions to receiving the benefits described in this rule.

a. The housing business must build or rehabilitate either:

(1) A minimum of four single–family homes with a value, after completion of the building or rehabilitation, not exceeding $120,000 for each home located in that part of a city or county in which there is a designated enterprise zone, or

(2) One multiple dwelling unit building containing three or more individual dwelling units with a total value per unit, after completion of the building or rehabilitation, not exceeding $120,000 located in that part of a city or county in which there is a designated enterprise zone.

b. to d. No change.

59.8(2) Benefits. A business that qualifies under the “eligible housing business” category is may be eligible to receive the following benefits for a period of ten years:

a. Income Investment tax credit. An eligible housing business, subject to negotiations with the department, may claim an income investment tax credit up to a maximum of 10 percent of the new investment which is directly related to the building or rehabilitating of a minimum of four single–family homes located in that part of a city or county in which there is a designated enterprise zone or one multiple dwelling unit building containing three or more individual dwelling units located in that part of a city or county in which there is a designated enterprise zone. The new investment that may be used to compute the tax credit shall not exceed the new investment used for the first $140,000 of value for each single–family home or for the first $140,000 of value for each unit of a multiple dwelling unit building containing three or more units. The tax credit may be used to reduce tax liabilities imposed under Iowa Code chapter 422, Division II—personal net income tax; Division III—income taxes on corporations; or Division V—franchise tax on financial institutions. Any credit in excess of the tax liability for the tax year may be credited to the tax liability for the following seven years or until depleted, whichever occurs earlier. If the business is a partnership, subchapter S corporation, limited liability company, or estate or trust electing to have the income taxed directly to the individual, an individual may claim the tax credit allowed. The amount claimed by the individual shall be based upon the pro–rata share of the individual’s earnings of the partnership, subchapter S corporation, limited liability company, or estate or trust.

b. No change.

59.8(3) No change.

ITEM 7. Adopt new rule 261—59.9(79GA,HF349) as follows and renumber rules 261—59.9(15E) to 261— 59.13(15E) as 261—59.10(15E) to 261—59.14(15E):

261—59.9(79GA,HF349) Eligible development business. An eligible development business includes a developer or development contractor.

59.9(1) Requirements. A development business shall satisfy all of the following conditions to receive the benefits described in this rule.

a. The development business must construct, expand or rehabilitate a building space with a minimum capital investment of at least $500,000. There are two partial exemptions to the $500,000 investment requirement:

(1) If the development business will be buying a vacant building suitable for industrial use, the fair market value of the building and land, not to exceed $250,000 as determined by the local enterprise zone commission, shall be counted toward the minimum $500,000 capital investment requirement.

(2) If the development business will be rehabilitating an existing building space that has been located within an area for at least five years and that area has been certified as an enterprise zone, the fair market value as established by an appraisal of the building, not to exceed $250,000, shall be counted toward the minimum $500,000 capital investment requirement.

Only one of these two exemptions may be used as an exemption by the development business in meeting the minimum capital investment requirement of at least $500,000.

b. Upon completion of the project, an approved development business shall not allow a retail business to occupy space within the building space described in the development business’s application.

c. The eligible development business shall complete its construction, expansion or rehabilitation within three years from the time the business receives approval from the department. The failure to complete construction, expansion or rehabilitation within three years shall result in the eligible development business becoming ineligible and subject to the repayment requirements and penalties in rule 261— 59.14(15E).

d. Prior to applying for assistance under this rule, an eligible development business shall enter into an agreement with at least one nondevelopment business for purposes of locating the business in all or a portion of the building space for a period of at least five years.

e. An eligible development business shall provide the local enterprise zone commission with all of the following information:

(1) The long–term strategic plan for the proposed development project, including infrastructure needs, and a copy of any agreement entered into by the eligible business as required under paragraph 59.9(1)“d.”

(2) Information describing the benefits the development project will bring to the area.

(3) Examples to illustrate why the proposed development project should be considered a good business enterprise.

(4) Information on the impact the development business’s project will have on other Iowa businesses in competition with it.

(5) An affidavit that the business has not, within the last five years, violated state or federal environmental and worker safety statutes, rules, and regulations or, if such violations have occurred, that there were mitigating circumstances or such violations did not seriously affect public health or safety or the environment.

59.9(2) Benefits. A business that qualifies under the eligible development business category may be eligible to receive the following benefits for a period of up to ten years:

a. Investment tax credit. An eligible development business, subject to negotiations with the department, may claim a tax credit up to a maximum of 10 percent of the new investment which is directly related to the construction, expansion or rehabilitation of building space to be used for manufacturing, processing, cold storage, distribution, or office facilities. For purposes of this paragraph, “new investment” means the purchase price of land and the cost of improvements made to real property. This tax credit may be claimed by an eligible development business beginning in the tax year in which the construction, expansion or rehabilitation is completed. Any credit in excess of the tax liability for the tax year may be credited to the tax liability for the following seven years or until depleted, whichever occurs earlier. The tax credit may be used to reduce tax liabilities imposed under Iowa Code chapter 422, Division II—personal net income tax; Division III—income taxes on corporations; Division V—franchise tax on financial institutions; or the tax credit may instead be used to offset the tax liability imposed under Iowa Code chapter 432, premium taxes on insurance companies. If the business is a partnership, subchapter S corporation, limited liability company, or estate or trust electing to have the income taxed directly to the individual, an individual may claim the tax credit allowed. The amount claimed by the individual shall be based upon the pro–rata share of the individual’s earnings of the partnership, subchapter S corporation, limited liability company, or estate or trust.

b. Sales, service, and use tax refund. An approved development business shall receive a sales, service, and use tax refund as described in paragraph 59.6(3)“e.”

c. Value–added property tax exemption. The county or city for which an eligible enterprise zone is certified may exempt from all property taxation all or a portion of the value added to the property upon which an eligible development business constructs, expands or rehabilitates property in an enterprise zone. This exemption shall be authorized by the city or county that would have been entitled to receive the property taxes, but is electing to forego the tax revenue for an eligible development business under this program. The amount of value added for purposes of Iowa Code section 15E.196 shall be the amount of the increase in assessed valuation of the property following the construction, expansion or rehabilitation of the development business in the enterprise zone. If an exemption is made applicable only to a portion of the property within an enterprise zone, there must be approved uniform criteria which further some planning objective established by the city or county enterprise zone commission. These uniform criteria must also be approved by the eligible city or county. Examples of acceptable uniform criteria that may be adopted include, but are not limited to, wage rates, capital investment levels, types and levels of employee benefits offered, job creation requirements, and specific targeted industries. Planning objectives may include, but are not limited to, land use, rehabilitation of distressed property, or brownfield remediation. The exemption may be allowed for a period not to exceed ten years beginning the year value added by improvements to real estate is first assessed for taxation in an enterprise zone. The exemptionis allowed for the development business only. Any succeeding owner of the building space is not eligible to receive the value–added property tax exemption.

59.9(3) Limitation on receiving incentives. A business which is not a development business that is eligible to receive incentives and assistance under subrule 59.6(1) is not eligible to receive the following incentives and assistance if these incentives and assistance were previously approved for a development business:

a. An investment tax credit received for the purchase price of land or improvements to real property. An eligible business that is not a development business may only claim an investment tax credit on additional, new improvements made to real property provided that these improvements were not included in the development business’s approved application for benefits.

b. The refund of sales, service, and use taxes paid tocontractors or subcontractors as described in paragraph 59.6(3)“e.” An eligible business that is not a development business may only claim a refund of sales, service and use taxes paid to contractors or subcontractors for new buildings or additions to existing buildings for improvements made to real property provided that these improvements were not included in the development business’s approved application for benefits.

c. Value–added property tax exemptions. An eligible business that is not a development business may not claim a value–added property tax exemption for improvements to real property if the development business has received a property tax exemption due to those improvements to the real property.

59.9(4) Application submittal and review. An eligible development business shall first submit an application to the commission for approval. The commission shall forward applications that it has approved to receive benefits and assistance to the department for final review and approval.

ITEM 8. Amend renumbered rule 261—59.10(15E) as follows:

59.10(1) No change.

59.10(2) Application. The department will develop a standardized application that it will make available for use by a business applying for benefits and assistance as an eligible business, an alternative eligible business, or an eligible housing business or an eligible development business. The commission may add any additional information to the application that it deems appropriate for a business to qualify as an eligible business, or an eligible housing business or an eligible development business. If the commission determines that a business qualifies for inclusion in an enterprise zone and that it is eligible for benefits under the Act, the commission shall submit an application for incentives or assistance to the department.

ITEM 9. Amend renumbered rule 261—59.12(15E) by adopting new subrule 59.12(7) as follows:

59.12(7) Negotiations. The department may enter into negotiations regarding the amount of tax incentives and assistance the business may be eligible to receive. The department reserves the right to negotiate the amount of all program benefits except the following benefits: the new jobs supplemental credit; the value–added property tax exemption; and the refund of sales, service and use taxes paid to contractors and subcontractors. The criteria to be used in the negotiations to determine the amount of tax incentives and assistance are as described in subrule 59.5(2).

ITEM 10. Amend renumbered rule 261—59.13(15E) as follows:

261—59.13(15E) Agreement. The After the department negotiates and approves the application and the amount of incentives and assistance that the business shall receive, the department and the city or county, as applicable, shall enter into an agreement with the business. The term of the agreement shall be ten years from the agreement effective date plus any additional time necessary for the business to satisfy the job maintenance requirement. This three–party agreement shall include, but is not limited to, provisions governing the number of jobs to be created, representations by the business that it will pay the wage and benefit levels pledged and meet other requirements of the Act as described in the approved application, reporting requirements such as an annual certification by the business that it is in compliance with the Act, the amount or level of tax incentives and assistance that the business shall receive as negotiated by the department, and the method for determining the amount of incentives or assistance paid received by the business which will be repaid in the event of failure to maintain the requirements of the Act and these rules. In addition, the agreement will specify that a business that fails to maintain the requirements of the Act and these rules shall not receive incentives or assistance for each year during which the business is not in compliance.

ITEM 11. Amend renumbered rule 261—59.14(15E) as follows:

59.14(1) and 59.14(2) No change.

59.14(3) Calculation of repayment due. If a business fails in any year to meet any one of the requirements of the Act or these rules to be an eligible business, it is subject to repayment of all or a portion of the amount of incentives received.

a. Failure to meet/maintain requirements. If a business fails in any year to meet or maintain any one of the requirements of the Act or these rules, except its job creation requirement which shall be calculated as outlined in paragraph “b” below, the business shall repay the value of the incentives received for each year during which it was not in compliance. If a development business, within five years of project completion, or its successor, sells or leases any space to any retail business, the development business shall proportionally refund the value of any tax credits, refunds or property tax exemptions that were claimed under this program.

b. Job creation shortfall. If a business does not meet its job creation requirement, repayment shall be calculated as follows:

(1) If the business has met 50 percent or less of the requirement, the business shall pay the same percentage in benefits as the business failed to create in jobs.

(2) More than 50 percent, less than 75 percent. If the business has met more than 50 percent but not more than 75 percent of the requirement, the business shall pay one–half of the percentage in benefits as the business failed to create in jobs.

(3) More than 75 percent, less than 90 percent. If the business has met more than 75 percent but not more than90 percent of the requirement, the business shall pay one–quarter of the percentage in benefits as the business failed to create in jobs.

59.14(4) 59.14(5) DRF; county/city recovery. Once it has been established, through the business annual certification, monitoring, audit or otherwise, that the business is required to repay all or a portion of the incentives received, the department of revenue and finance and the city or county, as appropriate, shall collect the amount owed. The city or county, as applicable, shall have the authority to take action to recover the value of taxes not collected as a result of the exemption provided by the community to the business. The department of revenue and finance shall have the authority to recover the value of state taxes or incentives provided under 1998 Iowa Acts, House Files 2164 and 2538, or Iowa Code Supplement section 15E.193A or 15E.196. The value of state incentives provided under 1998 Iowa Acts, House Files 2164 and 2538, or Iowa Code Supplement section 15E.193A or 15E.196 includes applicable interest and penalties.

These rules are intended to implement Iowa Code sections 15.333, 15.333A, and 15E.191 to 15E.196 and 2001 Iowa Acts, House File 349.

Pursuant to the authority of Iowa Code section 455B.105, the Environmental Protection Commission hereby gives Notice of Intended Action to amend Chapter 44, “Drinking Water Revolving Fund,” Chapter 92, “State Revolving Fund Loans for Wastewater Treatment,” and Chapter 93, “Onsite Wastewater Treatment Assistance Program,” Iowa Administrative Code.

The amendments revise the loan interest rate determination to a flat rate, revise loan repayment criteria, amend parity requirements with respect to other obligations outstanding, and specify revenue pledge coverage requirements. The amendments also update terminology and recognize the relationship to the Onsite Wastewater Assistance Fund established in 567—Chapter 93.

Any interested person may make written suggestions or comments on the proposed amendments on or before December 4, 2001. Written materials should be directed to the Wastewater Section, Department of Natural Resources, Wallace State Office Building, 502 E. 9th Street, Des Moines, Iowa 50319–0034; fax (515)281–8895.

Also, there will be a public hearing on December 4, 2001, at 1 p.m. in the Fourth Floor East Conference Room of the Wallace State Office Building at which time people may present their views either orally or in writing.

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

These amendments were also Adopted and Filed Emergency and are published herein as ARC 1121B. The content of that submission is incorporated by reference.

These amendments are intended to implement Iowa Code sections 455B.291 to 455B.299.

Pursuant to the authority of Iowa Code section 455B.103A, the Environmental Protection Commission hereby gives Notice of Intended Action to amend Chapter 60, “Scope of Title—Definitions—Forms—Rules of Practice,” Iowa Administrative Code.

The amendment to Chapter 60 modifies the definition of “storm water discharge associated with industrial activity”to allow more types of facilities to qualify for the “no–exposure” exemption whereby facilities are exempted from permitting if no activities or materials are exposed to precipitation.

Any interested person may make written suggestions or comments on the proposed amendment on or before December 4, 2001. Written comments should be directed to Storm Water Coordinator, Department of Natural Resources, Wallace State Office Building, 502 E. 9th Street, Des Moines, Iowa 50319–0034; fax (515)281–8895.

Also, there will be a public hearing on December 4, 2001, at 9 a.m. in the Fourth Floor West Conference Room of the Wallace State Office Building at which time persons may present their views either orally or in writing. At the hearing, people 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 hearing or mobility impairments should contact the Department and advise of specific needs.

This amendment is intended to implement Iowa Code chapter 455B, division I.

The following amendment is proposed.

Amend rule 567—60.2(455B), definition of “storm water discharge associated with industrial activity,” first unnumbered paragraph, as follows:

For the categories of industries identified in paragraph paragraphs “1” to “9” and “11,” the term includes only storm water discharges from all the areas (except access roads and rail lines) that are listed in the previous sentence where material handling equipment or activities, raw materials, intermediate products, final products, waste materials, by–products, or industrial machinery are exposed to storm water. For the purposes of this paragraph, material handling activities include the: storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by–product or waste product. To qualify for this exclusion, a storm–resistant shelter is not required for: drums, barrels, tanks and similar containers that are tightly sealed with bands or otherwise secured and have no taps or valves, are not deteriorated and do not leak; adequately maintained vehicles used in material handling; and final products other than products that would be mobilized in storm water discharge. The term excludes areas located on plant lands separate from the plant’s industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with storm water drained from the above described areas. Industrial facilities (including industrial facilities that are federally, state, or municipally owned or operated) that meet the description of the facilities listed in paragraphs “1” to “11” of this definition include those facilities designated under 40 CFR 122.26(a)(1)(v) as amended through June 15, 1992. The following categories of facilities are considered to be engaging in “industrial activity” for purposes of this definition:

Pursuant to the authority of Iowa Code sections 455B.105, 455B.332 and 455B.333, the Environmental Protection Commission hereby gives Notice of Intended Action to rescind Chapter 132, “Transportation of Radioactive Materials in Iowa,” Iowa Administrative Code.

The Department of Natural Resources currently delegates all authority granted under Iowa Code sections 455B.332 and 455B.333 to the Iowa Department of Public Health under a 28E agreement between the two agencies. The Department of Public Health now has authority to establish policy for the transportation, storage, handling and disposal of radioactive material for the purpose of protecting the public health and safety. This authority is granted by Iowa Code chapter 136C and in conjunction with agreements between the Iowa Department of Transportation and the U.S. Nuclear Regulatory Commission. Therefore, it is proposed that this chapter be rescinded in its entirety.

Any interested person may make written suggestions or comments on this proposed amendment on or before December 4, 2001. Such written materials should be directed to Kathleen Lee, Emergency Response Unit, Department of Natural Resources, 401 SW 7th Street, Suite I, Des Moines, Iowa 50309; fax (515)725–0218; or E–mail kathy.lee@dnr. state.ia.us. Persons who wish to convey their views orally should contact the Emergency Response Unit at (515) 725–0384 or may visit the Emergency Response Unit Office at 401 SW 7th Street, Suite I, Des Moines, Iowa.

This amendment is intended to implement Iowa Code sections 455B.105, 455B.332 and 455B.333.

The following amendment is proposed.

Rescind and reserve 567—Chapter 132.

Pursuant to the authority of Iowa Code section 239B.4, the Department of Human Services proposes to amend Chapter 41, “Granting Assistance,” and Chapter 93, “PROMISE JOBS Program,” and to rescind Chapter 94, “Iowa Transitional Assistance for Direct Education Costs Program,” appearing in the Iowa Administrative Code.

These amendments eliminate the PROMISE JOBS exemption for disabled persons who do not receive Supplemental Security Income (SSI) benefits, require application for SSI and social security disability benefits as a condition of Family Investment Program (FIP) eligibility when a person in the FIP–eligible group or a parent living in the home of a child in the eligible group appears eligible for these benefits, shorten the Limited Benefit Plan (LBP) resolution process, and eliminate the Iowa Transitional Assistance for Direct Education Costs Program.

Specifically, the proposed amendments impact the Family Investment Program (FIP) as follows:

• Currently, disabled FIP recipients and disabled parents living in the home of a child on FIP are exempt from participation in a Family Investment Agreement (FIA) and from participation in employment and training activities through the PROMISE JOBS program. To be exempt, the person must be disabled according to the federal Americans with Disabilities Act and to the extent that the person is unable to participate in the program. Persons receiving SSI or social security benefits due to disability or blindness are considered disabled to this extent. FIP participants who are disabled to this extent may volunteer for PROMISE JOBS services.

Under the proposed changes, disabled FIP recipients and disabled parents living in the home of a child on FIP willbe referred to PROMISE JOBS for employment and train–ing opportunities to help the family become self–supporting. Disabled PROMISE JOBS participants will be required to sign an FIA and to carry out the activities of the agreement to continue receiving FIP assistance. In the same respect, these persons will have access to the same supportive PROMISE JOBS services as a FIP participant with no disability.

State law allows the change that requires disabled FIP recipients and disabled parents living in the home of a child on FIP to be referred to PROMISE JOBS for work and training unless the person is an SSI recipient. Lawsuits have been filed against several states alleging failure to make accommodations in their Temporary Assistance for Needy Families (TANF) programs for persons with learning disabilities. The Office of Civil Rights has provided federal guidance on the issue to state TANF administrators. The Department is proposing the rule changes to the Family Investment Program (Iowa’s TANF cash assistance program) based on this federal guidance and out of concern that the current exemption does not meet the intent of federal law. The Department believes that exempting persons with disabilities from employment and training opportunities is in conflict with other Iowa efforts to support the employment of these persons.

• Under current rules, every person in the eligible group must apply for and accept other income benefits for which that person may be qualified. The needs of any person who refuses to cooperate in applying for or accepting benefits from other sources are removed from the eligible group. This includes application for social security benefits. Note: While these rules do not specifically exclude application for SSI benefits, current policy excludes application for SSI from this requirement.

With the proposed changes, every person in the eligible group will continue to be required to apply for social security benefits through the Social Security Administration as a condition of FIP eligibility when it appears that the person may qualify for social security benefits. The proposed changes will require applicants and recipients to apply for social security benefits and SSI benefits based on disability if the applicant or recipient is a parent in the home of a child on FIP or a person in the FIP–eligible group and claim a disability that is expected to last longer than 12 months, or otherwise appear eligible for these benefits. When the person refuses to cooperate in applying for or accepting these benefits, the entire family is not eligible for FIP.

The Department is proposing the changes that will require persons in the FIP–eligible group and parents living in the home of a child in the eligible group who claim a disability that will last more than 12 months, or otherwise appear eligible, to apply for all disability benefits available through the Social Security Administration as a means of assisting the participant’s family to overcome its barriers through increased financial support.

• Under existing rules, when a FIP participant is choosing a Limited Benefit Plan (LBP) by not carrying out theresponsibilities of the Family Investment Agreement, PROMISE JOBS staff make every effort to resolve the issue before issuing a Notice of Decision to impose an LBP. The PROMISE JOBS supervisor is involved in this process as well. These resolution actions take place after participation has become an issue. With most participation issues, a participant is sent two written notifications and is given two opportunities to participate before PROMISE JOBS considers participation, or lack thereof, an “issue.”

Also under existing rules, when a FIP participant is choosing a subsequent LBP by not attending PROMISE JOBS orientation, the PROMISE JOBS supervisor sends a letter to explain the consequences of a subsequent LBP. The letter also allows the participant an additional ten days to schedule orientation before a Notice of Decision to impose an LBP is issued. The supervisory letter is sent after the person has failed twice to schedule or attend orientation.

Under the proposed changes, for participants choosing an LBP by not carrying out the responsibilities of the Family Investment Agreement, PROMISE JOBS staff will make the effort to resolve the participation issue at the time of the first occurrence in most situations. Rules will no longer require that the PROMISE JOBS supervisor be involved in this situation; however, the supervisor will continue to be available to all participants upon request.

For participants choosing a subsequent LBP by not attending PROMISE JOBS orientation, PROMISE JOBS will offer supervisory intervention and explain the consequences of a subsequent LBP after the person has failed the first time to schedule or attend orientation.

The Department is proposing the changes to the LBP resolution process in an attempt to save on administrative costs by eliminating actions that result in unnecessary delays and costs. The actions were established under former LBP policy that existed before June 1, 1999. Former policy was more severe for persons who chose a first LBP by not following the requirements of the FIA as there was a definite period of ineligibility and the persons could not take action to stop the LBP. The Department believes that these actions are no longer necessary under current policy since persons can take action to end a first LBP at any time following the issuance of the Notice of Decision and there is no set period of ineligibility. The Department believes the actions are not needed for second and subsequent LBPs as the participants should be aware of the consequences of their actions due to their past experience.

• The final item eliminates Chapter 94, the chapter used to implement the Iowa Transitional Assistance for Direct Education Costs (ITADEC) program, as the program nolonger exists. The ITADEC program provided state funding to participants who were enrolled and participating in a PROMISE JOBS–funded postsecondary training plan asof March 1, 1997. There is no longer anyone eligible for ITADEC and it is not possible for current applicants or participants to qualify for the program.

These amendments do not provide for waivers to the eligibility requirements because individuals may request a waiver of the eligibility requirements under the Department’s general rule on exceptions at rule 441—1.8(17A,217).

Consideration will be given to all written data, views, and arguments thereto received by the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, Des Moines, Iowa 50319–0114, on or before December 5, 2001.

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

Cedar Rapids – December 6, 2001 9 a.m.

Cedar Rapids Regional Office

Iowa Building – Suite 600

Seventh Floor Conference Room

411 Third Street S.E.

Cedar Rapids, Iowa 52401

Council Bluffs – December 5, 2001 9 a.m.

Administrative Conference Room

Council Bluffs Regional Office

417 E. Kanesville Boulevard

Council Bluffs, Iowa 51501

Davenport – December 6, 2001 10 a.m.

Davenport Area Office

Bicentennial Building – Fifth Floor Conference Room

428 Western

Davenport, Iowa 52801

Des Moines – December 7, 2001 10 a.m.

Des Moines Regional Office

City View Plaza

Conference Room 100

1200 University

Des Moines, Iowa 50314

Mason City – December 5, 2001 10 a.m.

Mason City Area Office

Mohawk Square, Liberty Room

22 North Georgia Avenue

Mason City, Iowa 50401

Ottumwa – December 5, 2001 9 a.m.

Ottumwa Area Office

Conference Room 3

120 East Main

Ottumwa, Iowa 52501

Sioux City – December 5, 2001 2:30 p.m.

Sioux City Regional Office

Fifth Floor

520 Nebraska Street

Sioux City, Iowa 51101

Waterloo – December 6, 2001 10 a.m.

Waterloo Regional Office

Pinecrest Office Building

Conference Room 420

1407 Independence Avenue

Waterloo, Iowa 50703

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

These amendments are intended to implement Iowa Code chapter 239B.

The following amendments are proposed.

ITEM 1. Amend rule 441—41.24(239B) as follows:

Amend subrule 41.24(2) by rescinding paragraph “d” and adopting the following new paragraph “d” in lieu thereof:

d. A person found eligible for supplemental securityincome (SSI) benefits based on disability or blindness. The exemption based on disability is amended effective April 1, 2002. A person exempt from PROMISE JOBS participation prior to April 1, 2002, due to a disability according tothe Americans with Disabilities Act and determinedunable to participate in PROMISE JOBS shall be referred to PROMISE JOBS, unless eligible for SSI benefits due to disability or blindness. The referral shall occur at the time of the next semiannual or annual review or exempt status redetermination as described at subrule 41.24(5), but no later than March 31, 2003.

Amend subrule 41.24(7) as follows:

41.24(7) Referral to vocational rehabilitation. The department shall make the department of education, division of vocational rehabilitation services, aware of any person determined exempt from referral to PROMISE JOBS because of who is referred to PROMISE JOBS and who claims a medically determined physical or mental impairment. However, acceptance of vocational rehabilitation services by the client is optional.

Rescind and reserve subrule 41.24(8), paragraph “f,” subparagraph (1).

ITEM 2. Amend subrule 41.27(1), paragraph “g,” as follows:

g. Every person in the eligible group and any parent living in the home of a child in the eligible group shall take all steps necessary to apply for benefits and, if entitled, accept any financial benefit for which that person may be qualified and accept those benefits, even though the benefit may bereduced because of the laws governing a particular benefit. The needs of any individual who refuses to cooperate in applying for or accepting benefits from other sources shall be removed from the eligible group. The individual is eligible for the 50 percent work incentive deduction in paragraph 41.27(2)“c.” This includes taking the steps necessary to file an appeal of a denial of other financial benefits when appeal rights are available and it is reasonable to expect that an appeal may result in entitlement to the benefit. When the person claims a physical or mental disability that is expected to last for more than 12 consecutive months from the time of the claim, or otherwise appears eligible, the person shall apply for social security benefits and supplemental security income benefits.

ITEM 3. Amend rule 441—41.28(239B) as follows:

Amend subrule 41.28(1), introductory paragraph, as follows:

41.28(1) Definition of the eligible group. The eligible group consists of all eligible persons specified below and living together, except when one or more of these persons have elected to receive are receiving supplemental security income under Title XVI of the Social Security Act. There shall be at least one child in the eligible group except when the only eligible child is receiving supplemental security income. The unborn child is not considered a member of the eligible group for purposes of establishing the number of persons in the eligible group.

Amend subrule 41.28(1), paragraph “b,” subparagraph (3), numbered paragraph “2,” as follows:

2. The determination of incapacity shall be supportedby medical or psychological evidence. The evidence maybe submitted in the same manner specified in paragraph 41.24(2)“d.” obtained from either an independent physician or psychologist or the state rehabilitation agency. The evidence may be submitted either by letter from the physician or on Form 470–0447, Report on Incapacity. When an examination is required, and other resources are not available to meet the expense of the examination, the physician shall be authorized to make the examination and submit the claim for payment on Form 470–0502, Authorization for Examination and Claim for Payment. A finding of eligibility for social security benefits or supplemental security income benefits based on disability or blindness is acceptable proof of incapacity in this situation.

Amend subrule 41.28(2), paragraph “b,” subparagraph (3), as follows:

(3) When a person who would ordinarily be in the eligible group has elected to receive is receiving supplemental security income benefits, the person, income and resources, shall not be considered in determining family investment program benefits for the rest of the family.

ITEM 4. Amend subrule 93.110(6), paragraph “e,” as follows:

Amend subparagraph (1) as follows:

(1) Medical evidence of disability or incapacity may shall be obtained from either an independent physician or psychologist or the state rehabilitation agency. in the same manner specified in 441—paragraph 41.24(2)“d.”

Adopt the following new subparagraph (3):

(3) The evidence may be submitted either by letter from the physician or on Form 470–0447, Report on Incapacity. When an examination is required and other resources are not available to meet the expense of the examination, the physician shall be authorized to make the examination and submit claim for payment on Form 470–0502, Authorization for Examination and Claim for Payment. A finding of eligibility for social security benefits or supplemental security income benefits based on disability or blindness is acceptable proof of disability.

ITEM 5. Amend subrule 93.114(14), paragraph “f,” as follows:

Amend the introductory paragraph and subparagraph (1) as follows:

f. Classroom training participants who do not followthe requirements of a training plan are considered to have chosen the limited benefit plan as described in 441—subrule 41.24(8). Before issuing a notice of decision to impose the limited benefit plan, PROMISE JOBS staff shall send one written reminder or letter to attempt to resolve the issue. The reminder or letter shall identify the participation issue, clarify expectations, attempt to identify barriers to participation, explain the consequences of the LBP, and offer supervisory intervention. LBP resolution policies at subrule subrules 93.138(2) and 93.138(3) apply when the classroom training participant chooses the LBP in the following circumstances situations:

(1) The participant fails to appear for two consecutive scheduled appointments with the worker without good cause. The client shall have been notified of the appointments in writing. The written notice to schedule the second appointment shall remind the client of the need to participate and attempt to resolve the issue as previously described in this paragraph.

Rescind and reserve subparagraph (2).

Amend the unnumbered paragraph following subparagraph (8) as follows:

Policies at rules 441—93.133(239B) and 441— 93.134(239B) apply to all of the above. When a situationdescribed in subparagraphs (3) through (8) above occurs, participation is an issue at the first occurrence unless the person is experiencing problems or barriers to partici–pation as described at rules 441—93.133(239B) and 441— 93.134(239B). To attempt to resolve the issue, PROMISE JOBS staff shall send a letter as previously described in this paragraph.

ITEM 6. Amend rule 441—93.132(239B) as follows:

441—93.132(239B) Participation issues for FIA–responsible persons. PROMISE JOBS participants who do not carry out the responsibilities of the FIA are considered to have chosen the limited benefit plan, as described at 441— subrule 41.24(8).

The participation issues in this rule are those which are important for effective functioning in the workplace or training facility and to the completion of the FIA.

Participants aged 18 or older who, for reasons other than those described at rule 441—93.133(239B), do not resolve these issues shall be considered to have chosen the limited benefit plan, unless participant circumstances are revealed which indicate that a barrier to participation exists which should be addressed in the FIA.

Those who may be considered to have chosen the limited benefit plan are:

1. Participants who are more than 15 minutes late for a third time within three months of the first lateness, after receiving a one written reminder of the importance of complying with the FIA at the time the second lateness occurred.

2. Participants who do not, for a second time after receiving a one written reminder of the importance of complying with the FIA at the first occurrence, appear for scheduled appointments, participate in appraisal activities, complete required forms, or take required vocational or aptitude tests, or are absent from activities designated in the FIA or other self–sufficiency plan.

3. Participants who do not, for a second time after receiving one written reminder of the importance of complying with the FIA at the first occurrence, notify work experience sponsors or PROMISE JOBS staff of absence within one hour of the time at which they are due to appear.

4. Participants who exhibit disruptive behavior for a second time after receiving a one written reminder of the importance of complying with the FIA at the first occurrence. Disruptive behavior means the participant hinders the performance of other participants or staff, refuses to follow instructions, uses abusive language, or is under the influence of alcohol or drugs.

5. Participants who fail to secure physical examinations after a one written request to do so.

7 6. Participants whose performance continues to be unsatisfactory after being notified by program or provider agency staff of unacceptable performance and what is necessary to make performance acceptable. Notification of unsatisfactory performance may be oral initially, but shall be documented to the participant in writing.

8 7. Participants who make physical threats to other participants or staff. A physical threat is defined as having a dangerous weapon in one’s possession and either threatening with or using the weapon or committing assault.

9 8. Participants who do not accept work experience assignments when the work experience option is part of the FIA.

10 9. Participants who do not, for a second time after receiving a written reminder of the importance of complying with the FIA at the first occurrence, appear for work experience interviews.

11 10. Participants who do not follow up on job referrals, refuse offers of employment or terminate employment, or who are discharged from employment due to misconduct. For the purposes of these rules, “misconduct” is defined as a deliberate act or omission by a worker which constitutes a material breach of the duties and obligations arising out of the worker’s contract of employment. To be considered “misconduct,” the employee’s conduct must demonstrate deliberate violation or disregard of standards of behavior which that the employer has the right to expect of employees. Mere inefficiency, unsatisfactory conduct, failure to perform well due to inability or incapacity, ordinary negligence in isolated instances, or good–faith errors in judgement or discretion are not to be deemed misconduct for the purpose of these rules.

12 11. Participants who do not secure adequate child care when registered or licensed facilities are available.

13 12. Participants for whom child care, transportation, or educational services become unavailable as a result of failure to use PROMISE JOBS funds or child care assistance funds to pay the provider or failure to provide required receipts.

14 13. FIA–responsible persons who are required to participate in high school completion activities and who fail to provide grade transcripts or reports.

ITEM 7. Amend rule 441—93.134(239B) as follows:

Amend the introductory paragraph as follows:

441—93.134(239B) Barriers to participation. Problems with participation of a permanent or long–term nature shall be considered barriers to participation and shall be identified in the FIA as issues to be resolved so that participation can result. These barriers may be identified during assessment and shall be part of the FIA from the beginning. When barriers are revealed by the participant during the FIA or are identified by problems which that develop after the FIA is signed, the FIA shall be renegotiated and amended to provide for removal of the barriers. FIA–responsible persons who choose not to cooperate in removing identified barriers to participation shall be considered to have chosen the LBP unless the following exception applies. When a person claims a physical or mental disability that is expected to last for more than 12 consecutive months but refuses to apply for social security benefits or supplemental security income, the FIP household is ineligible for FIP as described at 441—subrule 41.27(1) and the limited benefit plan does not apply.

Adopt the following new numbered paragraph “6”:

6. Physical or mental disability.

ITEM 8. Amend rule 441—93.138(239B) as follows:

Amend subrule 93.138(2), paragraph “b,” introductory paragraph, as follows:

b. For participants who choose appear to be choosing a first limited benefit plan by not carrying out the FIA responsibilities, the PROMISE JOBS worker shall make every effort to negotiate for a solution, clearing misunderstanding of at the time that the PROMISE JOBS worker determines that a reminder, request, or other written notification must be sent due to a potential participation issue as described at rule 441—93.132(239B). The written reminder, request, or other notification shall identify the participation issue, clarify expectations, or identifying attempt to identify barriers to participation which should be addressed in the FIA, explain the consequences of the LBP, and offer supervisory intervention. The PROMISE JOBS supervisor shall be involved to provide further advocacy, counseling, or negotiation support, such as This subrule applies when a participant fails torespond to the PROMISE JOBS worker’s request to renegotiate the FIA when the participant has not attained self–sufficiency by the date established in the FIA. An In this situation, an LBP shall be imposed regardless of whether the request to renegotiate is made prior to or after expiration of the FIA.

Amend subrule 93.138(3), paragraph “a,” as follows:

a. For participants who choose a subsequent limited benefit plan as described at 441—subparagraph 41.24(8)“c”(1), the PROMISE JOBS supervisor shall send the participant one letter to explain reminder letter shall include an explanation of the consequences of a subsequent limited benefit plan and to offer the participant an additional ten calendar days to schedule an orientation appointment before a notice of decision establishing the subsequent limited benefit plan is issued offer supervisory intervention.

Amend subrule 93.138(3), paragraph “b,” introductory paragraph, as follows:

b. For participants who choose appear to be choosing a subsequent limited benefit plan by not carrying out the FIA responsibilities, the PROMISE JOBS worker shall make every effort to negotiate for a solution, clearing misunderstanding of at the time that the PROMISE JOBS worker determines that a reminder, request, or other written notification must be sent due to a potential participation issue as described at rule 441—93.132(239B) and at subrule 93.114(14). The written reminder, request, or other notification shall identify the participation issue, clarify expectations, or identifying attempt to identify barriers to participation which should be addressed in the FIA, explain the consequences of the LBP, and offer supervisory intervention. This paragraph applies such as when a participant fails torespond to the PROMISE JOBS worker’s request to renegotiate the FIA when the participant has not attained self–sufficiency by the date established in the FIA. An LBP shall be imposed regardless of whether the request to renegotiate is made prior to or after expiration of the FIA. Local PROMISE JOBS management shall have the option to involve an impartial third party to assist in a resolution process. Arrangements shall be indicated in the local service plan of the local service delivery region.

Further amend subrule 93.138(3), paragraph “b,” by rescinding subparagraphs (1) and (2).

ITEM 9. Rescind and reserve 441—Chapter 94.

Pursuant to the authority of Iowa Code section 239B.4, the Department of Human Services proposes to amend Chapter 48, “Family Investment Program Eligibility Under Self–Employment Demonstration Projects,” appearing in the Iowa Administrative Code.

This amendment provides that the Department will no longer grant 12–month income and resource waivers to entrepreneurial training participants effective April 1, 2002. Persons already receiving waivers as of April 1, 2002, will be allowed to continue to receive the waivers until the 12–month period ends.

The goal of entrepreneurial training is to assist FIP re–cipients who pursue self–employment as a route to self–sufficiency. Entrepreneurial training is available statewide. The entrepreneurial training service providers work with the Department to provide technical advice and business training to FIP participants.

Entrepreneurial training is a component of PROMISE JOBS. A FIP participant must be an active PROMISE JOBS participant to receive training and technical assistance through the entrepreneurial training program.

The classroom training portion of the program lasts from three to six months, with additional months of follow–up by the service provider as needed. Training is provided in researching and writing a business plan, completing a market survey, doing cash–flow projections, and learning basic accounting and money–management skills.

Under current policy, entrepreneurial training participants are subject to the same requirements as other FIP participants, except the Department may grant waivers of certain FIP income and resource policies for 12 months for business start–up or expansion.

FIP policy changes over the last 12 years since these waivers were implemented have made these waivers unnecessary and ineffective for self–employed persons. Very few families request these waivers, and even fewer actually benefit from them.

This amendment does not provide for waiver of eligibility requirements because individuals may request a waiver of eligibility requirements under the Department’s general rule on exceptions at rule 441—1.8(17A,217).

Consideration will be given to all written data, views, and arguments thereto received by the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut, Des Moines, Iowa 50319–0114, on or before December 5, 2001.

This amendment is intended to implement Iowa Code section 239B.7.

The following amendment is proposed.

Amend 441—Chapter 48 by adopting the following new rule:

441—48.24(239B) Phase–out of 12–month waiver period. Effective April 1, 2002, the department shall no longer grant a 12–month waiver period to family investment program (FIP) participants who are participating in entrepreneurial training. FIP participants receiving FIP waivers prior to April 1, 2002, will continue under waiver policy until their 12–month waiver period expires.

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend Chapter 75, “Conditions of Eligibility,” appearing in the Iowa Administrative Code.

These amendments correct an address and legal references in policy governing the AIDS/HIV Health Insurance Premium Payment Program. These needed corrections were identified by the Department while completing the rule assessment mandated by Executive Order Number 8.

These amendments do not provide for waivers because the amendments are merely technical in nature.

Consideration will be given to all written data, views, and arguments thereto received by the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut, Des Moines, Iowa 50319–0114, on or before December 5, 2001.

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

The following amendments are proposed.

ITEM 1. Amend rule 441—75.22(249A), introductory paragraph, as follows:

441—75.22(249A) AIDS/HIV health insurance premium payment program. For the purpose of this rule, “AIDS” and “HIV” are defined in accordance with Iowa Code section 141.21 141A.1.

ITEM 2. Amend subrule 75.22(1), paragraph “c,” intro–ductory paragraph, as follows:

c. The person shall not be eligible for Medicaid. The person shall be required to apply for Medicaid benefits when it appears Medicaid eligibility may exist. Persons who are required to meet a spenddown obligation under the medically needy program, as provided in 441—Chapter 86 subrule 75.1(35), are not considered Medicaid–eligible for the purpose of establishing eligibility under these provisions.

ITEM 3. Amend subrule 75.22(2), paragraph “a,” intro–ductory paragraph, as follows:

a. Application. Persons applying for participation in this program shall complete the AIDS/HIV Health Insurance Premium Payment Application, Form 470–2953. The applicant shall be required to provide documentation of income and assets. The application shall be available from and may be filed at any county departmental office or at the Division of Medical Services, Department of Human Services, Hoover State Office Building, 1305 East Walnut, Des Moines, Iowa 50319–0114.

ITEM 4. Amend subrule 75.22(10) as follows:

75.22(10) Confidentiality. The department shall protect the confidentiality of persons participating in the program in accordance with Iowa Code chapter 141 section 141A.9. When it is necessary for the department to contact a third party to obtain information in order to determine initial or ongoing eligibility, a Consent to Release or Obtain Information, Form 470–0429, shall be signed by the recipient authorizing the department to make the contact.

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend Chapter 77, “Conditions of Participation for Providers of Medical and Remedial Care,” appearing in the Iowa Administrative Code.

This amendment corrects a rule reference related to certification of rehabilitative treatment service providers. This incorrect cross reference was identified by the Department while completing the rule assessment mandated by Executive Order Number 8.

This amendment does not provide for waivers because the amendment merely corrects a cross reference.

Consideration will be given to all written data, views, and arguments thereto received by the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut, Des Moines, Iowa 50319–0114, on or before December 5, 2001.

This amendment is intended to implement Iowa Code section 249A.4.

The following amendment is proposed.

Amend rule 441—77.38(249A) as follows:

441—77.38(249A) Rehabilitative treatment service providers. Rehabilitative treatment service providers are eligible to participate in the Medicaid program if they are certified to be providers pursuant to rules 441—185.9(234) to 441— 185.10(234) and 441—185.11(234).

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

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend Chapter 77, “Conditions of Participation for Providers of Medical and Remedial Care,” Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” and Chapter 80, “Procedure and Method of Payment,” appearing in the Iowa Administrative Code.

These amendments allow tribally owned and operated health care facilities that operate under a 638 compact to be providers of medical services to Medicaid–eligible individuals and to be reimbursed at a higher rate as published in the Federal Register, for services provided to Medicaid–eligible American Indians and Alaskan natives. The state can draw down 100 percent federal financial participation for services provided by these facilities.

Indian health service 638 facilities as defined at rule 441—77.45(249A) are paid a special daily base encounter rate for all services rendered to American Indian or Alaskan native persons who are Medicaid–eligible. This rate is updated periodically and published in the Federal Register af–ter being approved by the Office of Management and Budget. To receive this rate, Indian health service 638 facilities may bill only one charge per patient per day for all services provided to American Indians and Alaskan natives.

Services provided to Medicaid recipients who are not American Indians or Alaskan natives are to be billed separately and will be paid at the fee schedule allowed by Iowa Medicaid for the services provided.

These amendments do not provide for waivers in specified situations because they confer a benefit to Indian health service 638 facilities and their patients by allowing the facilities to be Medicaid providers and to be reimbursed at a higher rate in compliance with applicable federal law and regulations.

Consideration will be given to all written data, views, and arguments thereto received by the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut, Des Moines, Iowa 50319–0114, on or before December 5, 2001.

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

The following amendments are proposed.

ITEM 1. Amend 441—Chapter 77 by adopting the following new rule 441—77.45(249A):

441—77.45(249A) Indian health service 638 facilities. A health care facility owned and operated by AmericanIndian or Alaskan native tribes or tribal organizations with funding authorized by Title I or Title III of the Indian Self–Determination and Education Assistance Act (P.L. 93–638) is eligible to participate in the medical assistance program if the following conditions are met:

77.45(1) Licensure. Services must be rendered by practitioners who meet applicable professional licensure requirements.

77.45(2) Documentation. Medical records must be maintained at the same standards as are required for the applicable licensed medical practitioner.

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

ITEM 2. Amend 441—Chapter 78 by adopting the following new rule 441—78.51(249A):

441—78.51(249A) Indian health service 638 facility services. Payment shall be made for all medically necessary services and supplies provided by a licensed practitioner at an Indian health service 638 facility, as defined at rule 441— 77.45(249A), within the practitioner’s scope of practice and subject to the limitations and exclusions set forth in subrule 78.1(1).

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

ITEM 3. Amend rule 441—79.1(249A) as follows:

Amend subrule 79.1(1) by adopting the following new paragraph “h”:

h. Indian health service 638 facilities. Indian health service 638 facilities as defined at rule 441—77.45(249A) are paid a special daily base encounter rate for all services rendered to American Indian or Alaskan native persons who are Medicaid–eligible. This rate is updated periodically and published in the Federal Register after being approved by the Office of Management and Budget. Indian health service 638 facilities may bill only one charge per patient per day for services provided to American Indians or Alaskan natives, which shall include all services provided on that day.

Services provided to Medicaid recipients who are not American Indians or Alaskan natives will be paid at the fee schedule allowed by Iowa Medicaid for the services provided and will be billed separately by CPT code on the HCFA–1500 Health Insurance Claim Form.

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

ITEM 4. Amend subrule 79.14(1), paragraph “b,” by adopting the following new subparagraph (28):

(28) Indian health service 638 facilities.

ITEM 5. Amend subrule 80.2(2) by adopting the following new paragraph “as”:

as. Indian health service 638 facilities shall submit claims on Form HCFA–1500, Health Insurance Claim Form.

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend

Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” appearing in the Iowa Administrative Code.

These amendments remove current restrictions, requirements, and other limitations related to the types of services for which nurse–midwives may claim payment and the circumstances under which they can render services under Iowa Medicaid. The federal Centers for Medicare and Medicaid Services (CMS), formerly the Health Care Financing Administration, has indicated that the current restrictions are out of compliance with federal statutes and regulations. Specific changes are as follows:

• Policy is clarified that only physician–delegated functions, beyond normal nurse midwifery or advance practice nursing, require a “collaborative practice agreement,” as defined under the Board of Nursing’s rule 655—7.1(152).

• Policy is revised to provide that either the nurse–midwife or a physician may examine the women served by the nurse–midwife on at least two occasions during the pregnancy to determine if the women are obstetrically low risk and eligible to be served by the nurse–midwife. The time of the second examination has been changed from the last month of the pregnancy to the third trimester of the pregnancy.

• Policy is revised to provide that the nurse–midwife may perform the infant’s neonatal examination, rather than referring the infant to a physician for the examination.

• Policy is revised to remove restrictions on where other services may be provided and to provide that birthing services may be provided only in duly licensed birth centers, hospitals, ambulatory surgical centers, or the mother’s usual residence.

Consideration was given to retaining the exclusion of home birthing services. This alternative was rejected because CMS has indicated that the exclusion would violate the federal requirement that states include “the services furnished by a nurse–midwife which the nurse–midwife is legally authorized to perform under state law.” Related to thisfederal requirement, Iowa law does not preclude nurse–midwives from providing home birthing services.

• Policy is revised to provide that payment may be made to nurse–midwives directly, without regard to whether the nurse–midwife is under the supervision of, or associated with, a physician or other health care provider.

These amendments do not provide for waivers in specified situations because the amendments confer a benefit to nurse–midwives and their patients.

Consideration will be given to all written data, views, and arguments thereto received by the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut, Des Moines, Iowa 50319–0114, on or before December 5, 2001.

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

Cedar Rapids – December 6, 2001 10:30 a.m.

Cedar Rapids Regional Office

Iowa Building – Seventh Floor Conference Room

411 Third Street S.E.

Cedar Rapids, Iowa 52401

Council Bluffs – December 6, 2001 9 a.m.

Administrative Conference Room

Council Bluffs Regional Office

417 E. Kanesville Boulevard

Council Bluffs, Iowa 51501

Davenport – December 6, 2001 11:30 a.m.

Davenport Area Office

Bicentennial Building – Fifth Floor Conference Room

428 Western

Davenport, Iowa 52801

Des Moines – December 5, 2001 2 p.m.

Des Moines Regional Office

City View Plaza

Conference Room 102

1200 University

Des Moines, Iowa 50314

Mason City – December 6, 2001 10 a.m.

Mason City Area Office

Mohawk Square, Liberty Room

22 North Georgia Avenue

Mason City, Iowa 50401

Ottumwa – December 5, 2001 1 p.m.

Ottumwa Area Office

Conference Room 3

120 East Main

Ottumwa, Iowa 52501

Sioux City – December 5, 2001 1:30 p.m.

Sioux City Regional Office

Fifth Floor

520 Nebraska Street

Sioux City, Iowa 51101

Waterloo – December 7, 2001 10 a.m.

Waterloo Regional Office

Pinecrest Office Building

Conference Room 420

1407 Independence Avenue

Waterloo, Iowa 50703

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

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

The following amendments are proposed.

ITEM 1. Amend subrule 78.29(1) as follows:

78.29(1) The services provided are within the scope of the practice of nurse midwifery, including advanced nursing and physician–delegated functions under a protocol with a collaborating physician. Physician–delegated functions, beyond normal nurse midwifery or advance practice nursing, require a “collaborative practice agreement,” as defined under rule 655—7.1(152).

ITEM 2. Amend subrule 78.29(2) as follows:

78.29(2) The women served by a nurse–midwife must be examined by a nurse–midwife or a physician on at least two occasions during the pregnancy: , an initial screening review of the women to determine the appropriateness for nurse– midwife care and during the last month third trimester of the pregnancy, and be determined to be obstetrically low risk. A joint determination must be made by the nurse–midwife and the physician that the women are obstetrically low–risk and eligible for care by a nurse–midwife.

Risk assessments, using Form 470–2942, Medicaid Prenatal Risk Assessment, shall be completed twice during a Medicaid recipient’s pregnancy. If the risk assessment reflects a high–risk pregnancy, referral shall be made for enhanced services. (See description of enhanced services at subrule 78.25(3).)

ITEM 3. Amend subrule 78.29(3) as follows:

78.29(3) The nurse–midwife shall provide for referral for may perform the infant’s neonatal examination, consistent with Iowa nursing law. The nurse–midwife shall provide for the referral of the child for postnatal pediatric care, as appropriate, consistent with Iowa nursing law.

ITEM 4. Amend subrule 78.29(5) as follows:

78.29(5) The Except for emergencies, payment shall be made for birthing services provided by a nurse–midwife only in duly licensed birth centers as defined under Iowa Code subsection 135G.2(1), hospitals, ambulatory surgical centers, or the mother’s usual residence. Other services of a nurse–midwife are may be provided in birth centers, hospitals, or clinics duly licensed birth centers, hospitals, ambulatory surgical centers, the mother’s usual residence, or any other location in which the nurse–midwife is legally authorized to provide the services.

ITEM 5. Amend subrule 78.29(8) as follows:

78.29(8) Payment will may be made to nurse–midwives directly only if they are not auxiliary personnel as defined in subrule 78.1(13) or if they are not hospital employees without regard to whether the nurse–midwife is under the supervision of, or associated with, a physician or other health care provider.

ITEM 6. Amend the implementation clause following rule 441—78.29(249A) as follows:

This rule is intended to implement Iowa Code section 249A.4 and 1992 Iowa Acts, Second Extraordinary Session, chapter 1001, section 413.

Pursuant to the authority of Iowa Code section 10A.104(8), the Department of Inspections and Appeals hereby gives Notice of Intended Action to amend Chapter 25, “Iowa Targeted Small Business Certification Program,” Iowa Administrative Code.

The proposed amendments provide greater clarity for applicants by defining the term “experience or expertise.” Currently, the term is used in several administrative rules, but is not specifically defined in rule 481—25.1(73). The definition being proposed is similar to the definition used by the U.S. Department of Transportation. The amendments also aid in verifying capital contributions, a standard of eligibility. Currently, administrative rules require that independent contributions of capital be made by the applicant, but proof of this contribution is not requested.

Any interested person may make written comments or suggestions on the proposed amendments on or before December 4, 2001. Written materials should be addressed to the Director, Department of Inspections and Appeals, Lucas State Office Building, East 12th and Grand Avenue, Des Moines, Iowa 50319-0083. Faxes may be sent to (515) 242-6863; E-mail may be sent to Jennifer.Fiihr@dia.state. ia.us.

A public hearing to receive comments about the proposed amendments will be held on December 7, 2001, at 9 a.m. at the above address in Conference Room 422, Fourth Floor, Lucas State Office Building. Individuals interested in providing comments at the hearing should contact Jennifer Fiihr by 4 p.m. on December 6, 2001, to be placed on the hearing agenda.

These amendments were reviewed and approved by the Director of the Department of Management pursuant to Iowa Code section 10A.104(8).

These amendments are intended to implement Iowa Code section 10A.104(8).

The following amendments are proposed.

ITEM 1. Amend rule 481—25.1(73) by adopting the following new definition:

“Experience or expertise” means the targeted group owner’s or owners’ experience or expertise must be:

1. In the areas critical to the operation of the business; and

2. Specific to the type of work the business performs.

ITEM 2. Amend paragraph 25.4(5)“b” as follows:

b. Independent contributions of capital, expertise or both are made by the targeted group person owner(s). Proof of this independent contribution of capital made by the targeted group person owner(s) to acquire interest in the business must accompany the certification application;

ITEM 3. Amend subrule 25.4(5) by adopting new paragraph “c” as follows and relettering existing paragraph “c” as “d”:

c. Independent contributions of expertise are made by the targeted group person owner(s). The targeted group person owner(s) must have an overall understanding of, managerial and technical competence in, and expertise directly related to the type of business in which the firm is engaged and in the firm’s operations. Generally, expertise limited to office management, administration, or bookkeeping functions unrelated to the activities of the business is insufficient to demonstrate control of the business.

Pursuant to the authority of Iowa Code section 10A.104(5), the Department of Inspections and Appeals gives Notice of Intended Action to amend Chapter 71, “Overpayment Recovery Unit,” Iowa Administrative Code.

The proposed amendments support Department of Human Services administrative rules and are necessary to fully implement collection efforts when overpayments occur in the Child Care Assistance (CCA) program. The Department of Inspections and Appeals works in collaboration with the Department of Human Services to collect overpayments inappropriately received by both providers and clients of the Child Care Assistance (CCA) program. In addition, these amendments update various form numbers that were incorrectly referenced.

Any interested person may make written comments or suggestions on the proposed amendments on or before December 4, 2001. Written materials should be addressed to the Director, Department of Inspections and Appeals, Lucas State Office Building, East 12th and Grand Avenue, Des Moines, Iowa 50319–0083. Faxes may be sent to (515) 242–6863; E–mail may be sent to Jennifer.Fiihr@dia.state. ia.us.

These amendments are intended to implement Iowa Code section 10A.105(5).

The following amendments are proposed.

ITEM 1. Amend rule 481-71.1(10A) as follows:

Amend the following definitions:

“Demand letter for ADC/FIP/RCA Agency Error overissuance Overissuance, (Form 470–2616); Demand Letter for FIP/RCA Intentional Program Violation, (Form 470–3489); or Demand Letter for FIP/RCA Client Error Overissuance, (Form 470–3490)” means the letter sent informing the debtor that an agency error, intentional program violation, or client error overpayment in ADC/FIP Family Investment Program (FIP) or Refugee Cash Assistance (RCA) benefits has occurred. It identifies These letters identify the amount overpaid, the dates of the overpayment, the causes of the overpayment, and the different options the debtor has to repay the overpayment. This form is These forms are voluntarily completed by the debtor. Failure to complete and return this the respective form may result in further collection actions.

“Demand letter for overissuance (Form FP–2322–0) Food Stamp Agency Error Overissuance, (Form 470–0338); Demand Letter for Food Stamp Intentional Program Violation Overissuance, (Form 470–3486); or Demand Letter for Food Stamp Inadvertent Household Error Overissuance, (Form 470–3487)” means the letter sent informing the debtor that an agency error, intentional program violation, or inadvertent household error overpayment in food stamp benefits has occurred. It identifies These letters identify the amount overpaid, the dates of the overpayment, the causes of the overpayment, and the different options the debtor has to repay the overpayment. This form is These forms are voluntarily completed by the debtor. Failure to complete and return this the respective form may result in further collection actions.

“Offsetting” means the application of a credit against the amount due on a claim in place of a corrective cash payment for ADC/FIP and RCA, or a restoration of lost benefits for food stamps, and the recovery of a Transitional Child Care or PROMISE JOBS overpayment by withholding all or a portion of future payments in the same category as defined in Iowa Administrative Code 441—93.51(249C) and 441— 49.13(239).

Adopt the following new definition in alphabetical order:

“Demand Letter for Child Care Assistance Provider Error Overissuance, (Form 470–3627); or Demand Letter for Child Care Assistance Client Error Overissuance, (Form 470–3628)” means the letter sent informing the debtor that an overpayment in Child Care Assistance (CCA) benefits has occurred. These letters identify the amount overpaid, the dates of the overpayment, the cause of the overpayment, and the options the debtor has to repay the overpayment. These forms are voluntarily completed by the debtor. Failure to complete and return the respective form may result in further collection actions.

ITEM 2. Amend subrule 71.5(1) as follows:

Amend the introductory paragraph as follows:

71.5(1) Active cases. When an overpayment is made in the food stamp, ADC/FIP, RCA, Medicaid, or SSA or CCA program, a demand letter of overissuance is sent to the debtor. Form 470–3486, 470–3487 or 470–0338 is sent for food stamp overissuances; Form 470–2616, 470–3489, or 470–3490 is sent for ADC/FIP and RCA overissuances; Form 470–2891 is sent for Medicaid and State Supplemental Assistance SSA overissuances; Form 470–3627 or 470–3628 is sent for CCA overissuances.

Amend paragraph “a” as follows:

a. An ADC/FIP or RCA overpayment is collected by grant reduction or cash payment. Grant reduction must be used when the case is active unless there is a cash agreement that exceeds the amount that may be collected by grant reduction and the cash payments are actually being made.

Amend paragraph “d,” subparagraph (2), as follows:

(2) When offsetting is not possible or appropriate, the department of inspections and appeals will be notified by the PROMISE JOBS unit to initiate recovery. The method of recovery will be the same as that utilized for the ADC/FIP program, except the FIP grant will not be reduced to effect recovery without the FIP client’s written permission.

Amend paragraph “e,” subparagraph (2), as follows:

(2) When offsetting is not possible or appropriate, the department of inspections and appeals will be notified by the income maintenance worker to initiate recovery. The method of recovery will be the same as that utilized for the ADC/FIP program, except the FIP grant will not be reduced to effect recovery without the client’s written permission should the TCC client reestablish FIP eligibility.

ITEM 3. Amend subrule 71.5(2), paragraph “a,” as follows:

a. A demand letter is sent to the debtor; Form 470–3486, 470–3487 or 470–0338 for food stamp overissuances; Form 470–2616, 470–3489 or 470–3490 for ADC/FIP or and RCA overissuances; Form 470–2891 for Medicaid or and State Supplementary Assistance SSA overpayments; Form 470–3627 or 470–3628 for CCA overpayments.

Pursuant to the authority of Iowa Code section 99B.13, the Department of Inspections and Appeals gives Notice of Intended Action to amend Chapter 100, “Administration,” Iowa Administrative Code.

The proposed amendment, intended to implement Iowa Code section 99B.7, specifies that raffle tickets may be discounted when sold, if the discount is applied in a nondiscriminatory manner.

Any interested person may make written comments or suggestions on the proposed amendment on or before December 4, 2001. Written materials should be addressed to the Director, Department of Inspections and Appeals, Lucas State Office Building, East 12th and Grand Avenue, Des Moines, Iowa 50319–0083. Faxes may be sent to (515) 242–6863; E–mail may be sent to Jennifer.Fiihr@dia.state. ia.us.

A public hearing to receive comments about the proposed amendment will be held on December 7, 2001, at 9:30 a.m. at the above address in Conference Room 422, Fourth Floor, Lucas State Office Building. Individuals interested in providing comments at the hearing should contact Jennifer Fiihr by 4 p.m. on December 6, 2001, to be placed on the hearing agenda.

This amendment is intended to implement Iowa Code section 99B.7.

The following amendment is proposed.

Amend rule 481—100.32(99B) by adopting the following new subrule:

100.32(3) A licensee may offer raffle tickets for sale at a discounted rate if the discount is applied in a nondiscriminatory manner. The discount must be available to all persons throughout the duration of the raffle and must be posted on all tickets and promotional material.

Pursuant to the provisions of Iowa Code chapter 515A, the National Council on Compensation Insurance, Inc. (NCCI) submitted a rate filing on August 15, 2001. Notice of the filing was published in the Iowa Administrative Bulletin on September 19, 2001. No request for a hearing on the rate filing was received.

The NCCI rate filing of August 15, 2001, proposes an overall increase in rates of 3.5% and an increase in the expense constant from $200 to $220 for a combined premium level increase of 3.6%. This increase is in addition to the approved 1.8% increase reflecting the change to the 5th Edition of the AMA Guidelines effective January 1, 2002. Based on an independent review of the NCCI proposal, the Commissioner finds the proposed manual rates not to be excessive, inadequate, or unfairly discriminatory.

It is ordered that the August 15, 2001, rate filing is approved to be effective January 1, 2002.

Pursuant to the authority of Iowa Code sections 88.5 and 17A.3(1), the Labor Commissioner hereby gives Notice of Intended Action to amend Chapter 4, “Recording and Reporting Occupational Injuries and Illnesses,” Iowa Administrative Code.

The proposed amendments adopt by reference new federal occupational safety and health record–keeping regulations. The amendments will be adopted after Notice on an emergency basis with an effective date of January 1, 2002. Adoption confers a benefit, removes a restriction and is required by statute. Language contained within the federal standard implements some changes in record keeping on January 1, 2002, and other changes in record keeping on January 1, 2003.

The principal reasons for adoption of these amendments are to implement Iowa Code chapter 88 and to protect the safety and health of Iowa’s workers. Adoption of these amendments is required by 29 Code of Federal Regulations Subsection 1952.4 and Iowa Code subsection 88.5(1)“a.”

A public hearing will be held on December 4, 2001, at3 p.m. in the Stanley Room at 1000 East Grand Avenue, Des Moines, Iowa. The public will be given the opportunity to make oral statements and submit documents. The facility for the oral presentations is accessible to and functional for persons with physical disabilities. Persons who have special requirements should telephone (515)242–5869 in advance to arrange access or other needed services.

Written data or arguments to be considered in adoption may be submitted no later than December 4, 2001, to the Deputy Labor Commissioner, Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319–0209,or faxed to (515)281–7995. Electronic mail may be sent to kathleen.uehling@iwd.state.ia.us.

These amendments will not necessitate additional annual expenditures exceeding $100,000 by any political subdivision or agency or any contractor providing services to political subdivisions or agencies.

These amendments are intended to implement Iowa Code section 88.5.

The following amendments are proposed.

ITEM 1. Amend rule 875—4.1(88) as follows:

875—4.1(88) Purpose and scope. These rules provide for record keeping and reporting by employers covered under Iowa Code chapter 88 as necessary or appropriate for enforcement of the Act, for developing information regarding the causes and prevention of occupational accidents and illnesses, and for maintaining a program of collection, compilation and analysis of occupational safety and health statistics. This chapter applies to public and private employers and the use of the word “company” or “companies” in the standard adopted by reference herein shall not limit the scope or application of this chapter to private employers.

ITEM 2. Rescind rules 875—4.2(88) to 875—4.19(88) and adopt the following new rules in lieu thereof:

875—4.2(88) First reports of injury. All employers shall report to the Iowa division of workers’ compensation any occupational injury or illness which temporarily disables an employee for more than three days or which results in permanent total disability, permanent partial disability or death. This report shall be made within four days from such event when such injury or illness is alleged by the employee to have been sustained in the course of the employee’s employment. First reports of injury are to be filed in the form and manner required by the division of workers’ compensation. A report to the division of workers’ compensation is considered to be a report to the division of labor services. The division of workers’ compensation shall forward all reports to the division of labor services. This rule does not excuse employers from notifying the division of labor services of fatality or multiple hospitalization accidents.

875—4.3(88) Record–keeping regulations. Federal Occupational Safety and Health Administration’s regulations of 29 CFR Sections 1904.0 through 1904.46 as published at 66 Fed. Reg. 6122 to 6135 (January 19, 2001) are adopted, except that reporting of fatalities and multiple hospitalization incidents required by 29 CFR 1904.39 must be made to the IOSH Administrator by visiting 1000 E. Grand Avenue, Des Moines, Iowa, or by calling 1–800–JOB–IOWA. The number for reporting fatalities and multiple hospitalization incidents outside of normal business hours is (877)242–6742. Amendments to this federal standard published at the following locations are also adopted:

66 Fed. Reg. 52031–52034 (October 12, 2001)

ITEM 3. Amend 875—Chapter 4, implementation clause, as follows:

These rules are intended to implement Iowa Code sections 17A.3, 84A.1, 84A.2, 88.2, 88.6(3), and 88.18 chapter 88.

Pursuant to the authority of Iowa Code sections 544B.8 and 544B.13, the Landscape Architectural Examining Board gives Notice of Intended Action to amend Chapter 1, “Description of Organization,” and Chapter 2, “Examination and Registration,” Iowa Administrative Code.

The Board terminates the rule making initiated by its Notice of Intended Action published in the Iowa Administrative Bulletin on March 7, 2001, as ARC 0528B. The amendments were not adopted before the Notice expired.

The proposed amendments to Chapter 1 establish a proc–ess for sealing and certifying documents prepared by a registered landscape architect and outline the process by which an applicant for registration as a landscape architect must document the experience necessary for qualification. Proposed amendments to Chapter 2 establish that the national examination for registration is offered at least annually in this state, clarify the renewal process, increase the fees for renewal of biennial registration and outline new examination fees.

Consideration will be given to all written suggestions or comments on the proposed amendments received on or before December 4, 2001. Comments should be addressed to Kay Halloran, Professional Licensing and Regulation Division, 1918 S.E. Hulsizer, Ankeny, Iowa 50021, or faxed to (515)281–7411. E–mail may be sent to kay.halloran@ comm7.state.ia.us.

These amendments are intended to implement Iowa Code sections 544B.8 and 544B.13.

The following amendments are proposed.

ITEM 1. Amend rule 193D—1.1(544B,17A) by rescinding the definition of “proposed decision.”

ITEM 2. Rescind subrule 1.7(1) and adopt the following new subrule in lieu thereof:

1.7(1) Individual seal and certificate of responsibility. Every registered landscape architect is required by Iowa law to obtain a seal (or stamp) which shall have the registered landscape architect’s name, “REGISTERED LANDSCAPE ARCHITECT,” “IOWA,” and registration number on it. The diameter of the outside circle shall be approximately 1¾ inches. A legible rubber stamp or other facsimile of the seal may be used. The seal (stamp) shall substantially conform to the sample shown below:

ITEM 3. Amend subrule 2.2(2) as follows:

2.2(2) Evidence Documentary evidence. Each applicant shall submit with the formal application for a certificate of registration documentary evidence that the applicant is clearly eligible under the section of Iowa Code chapter 544B upon which the application is based. All documents shall be 8½” ? 11”. Evidence submitted shall be exemplary of the experience cited representative of the various aspects of the practice of architecture. The board reserves the right to request additional evidence or information from the applicant. The documentary evidence will be returned to the applicant if a written request is submitted. If a written request is not received within six months of the date of board action on the evidence, the evidence will be destroyed.

ITEM 4. Amend rule 193D—2.4(544B,17A), introductory paragraph, as follows:

193D—2.4(544B,17A) Examination of applicants. Exam–inations shall be conducted by the board at least once annually.

ITEM 5. Rescind subrule 2.5(4), paragraph “g.”

ITEM 6. Amend rule 193D—2.8(544B,17A) as follows:

193D—2.8(544B,17A) Biennial renewal of registration. Original registrations expire June 30 following the date of issuance. Thereafter, the registration period is for two years ending June 30. A renewal notice will be sent in May to each registrant whose registration is about to expire. A complete renewal application, renewal fee, and continuing education report are due in the board office by June 30, or the registration is lapsed but the certificate of registration may be renewed without further penalty if the renewal application, fee and continuing education report are received by the following July 30. The board shall give second notice by restricted certified mail, return receipt requested, to the registrant or licensee who has failed to renew by the July June 30 date. The certificate is shall be renewed without further penalty if the renewal application, renewal fee, and continuing education affidavit are received within 30 days of the date of this second notice. If the renewal application, renewal fee, and continuing education affidavit are not received within 30 days of the date of the second notice, the certificate shall lapse.

This rule is intended to implement Iowa Code section 544B.13.

ITEM 7. Amend rule 193D—2.9(544B,17A) as follows:

193D—2.9(544B,17A) Reinstatement of registration. An application for the reinstatement of a lapsed certificate of registration shall include a description of the professional activities of the applicant during the period of nonregistration. The fee for reinstatement will shall be the current renewal fee, a $100 penalty, plus continuing education required by the board. with a maximum of 36 hours.

ITEM 8. Amend rule 193D—2.10(544B,17A) as follows:

193D—2.10(544B,17A) Fee schedule. The appropriate examination fee or examination exemption filing fee shall accompany the application. Filing fees are not refundable.

Examination fee not to exceed $550 $1000

Examination exemption fee $300

(This certificate to be effective to the June 30 which is
at least 12 months beyond the date of application.)

Certificate of registration fee $15/month

(This certificate of registration to be effective
the day of board action until June 30.)

Biennial registration fee $275 $350

Pursuant to the authority of Iowa Code sections 147.76 and 272C.3, the Board of Medical Examiners hereby gives Notice of Intended Action to amend Chapter 10, “Resident, Special and Temporary Licensure,” Iowa Administrative Code.

The Board approved the proposed amendment to Chapter 10 during its regularly held meeting on October 18, 2001.

The proposed change amends the current chapter to clarify the passing score for TOEFL, the Test of English as a Foreign Language administered by the Educational Testing Service. A passing score on TOEFL is required of international medical graduates who are seeking a special license to serve on the faculty of a college of medicine in Iowa.

Any interested person may present written comments on this proposed amendment not later than December 4, 2001, at 4 p.m. Such written materials should be sent to Ann E. Mowery, Executive Director, Board of Medical Examiners, 400 S.W. 8th Street, Suite C, Des Moines, Iowa 50309–4686 or ann.mowery@ibme.state.ia.us.

There will be a public hearing on December 4, 2001, at3 p.m. in the Board office, at which time persons may present their views either orally or in writing. The Board of Medical Examiners office is located at 400 S.W. 8th Street, Suite C, Des Moines, Iowa.

This amendment is intended to implement Iowa Code section 148.11(2)“f.”

The following amendment is proposed.

Amend subparagraph 10.4(3)“a”(4) as follows:

(4) Demonstrate proficiency in English by providing a valid ECFMG certificate or verification of a passing score on TOEFL, the Test of English as a Foreign Language administered by the Educational Testing Service. A passing score on TOEFL is a minimum overall score of 550 on the paper–based TOEFL that was administered on a Friday or Saturday (formerly special or international administration) or a minimum overall score of 213 on the computer–administered TOEFL.

Pursuant to the authority of Iowa Code sections 147.76 and 272C.3, the Board of Medical Examiners hereby gives Notice of Intended Action to amend Chapter 17, “Licensure of Acupuncturists,” Iowa Administrative Code.

The Board approved the proposed amendments to Chapter 17 during its regularly held meeting on October 18, 2001.

The proposed amendments clarify the English proficiency test requirements for those acupuncturists who have taken one or both parts of the certifying examination in a language other than English.

Any interested person may present written comments on these proposed amendments not later than December 4, 2001, at 4 p.m. Such written materials should be sent to Ann E. Mowery, Executive Director, Board of Medical Examiners, 400 S.W. 8th Street, Suite C, Des Moines, Iowa 50309– 4686, or ann.mowery@ibme.state.ia.us.

There will be a public hearing on December 4, 2001, at 3:15 p.m. in the Board office, at which time persons may present their views either orally or in writing. The Board of Medical Examiners office is located at 400 S.W. 8th Street, Suite C, Des Moines, Iowa.

These amendments are intended to implement Iowa Code sections 148E.2 and 147E.7.

The following amendments are proposed.

ITEM 1. Amend rule 653—17.3(148E) by rescinding the definition of “English proficiency.”

ITEM 2. Amend subparagraph 17.4(1)“c”(2) as follows:

(2) The board may, at the recommendation of the committee, choose any of the following examinations to test the English proficiency of any applicant: TOEFL, TOEIC, or TSE. An applicant who passed NCCAOM written or practical examination components in a language other thanEnglish shall achieve a minimum overall score of 550 on the paper–based TOEFL that was administered on a Friday or Saturday (formerly special or international administration) or a minimum overall score of 213 on the computer–administered TOEFL.

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

Subrules 21.6(4), 21.6(7) and 21.6(8) are amended by deleting provisions relating to the combining of accounts so as to permit flexibility in wage reporting; by requiring, for wage reports filed for the quarter ending March 31, 2002, and thereafter, wage reports using magnetic media; and by adding a provision stating that, for wage reports filed for the quarter ending March 31, 2002, and thereafter, an employer reporting wages for 50 or more members will be assessed a $50 processing charge for each quarterly wage report filed on paper.

Paragraphs 21.6(9)“b,” “c,” and “e” are amended to implement the statutory contribution rates for special service members recommended by IPERS’ actuary pursuant to Iowa Code sections 97B.49B and 97B.49C.

Subrule 21.8(1), introductory paragraph, is amended to remove limitations relating to the period of time following termination of employment before a refund may be paid to a member. These amendments delete or modify prior provisions that have been superseded by later amendments permitting a refund to be paid to a member as soon as practicable after termination of employment.

Paragraph 21.8(1)“b,” introductory paragraph, is also amended to implement a prior statutory change relating to the calculation of a member’s share of employer accumulated contributions. The current rule uses 100 quarters in determining the service fraction for protection occupation members. By statute this 100 quarters decreases in steps over time to 88 quarters. By striking the reference to 100 quarters and incorporating the “applicable years of service” in its place, a member receives a larger share of employer accumulated contributions.

Subparagraph 21.8(1)“b”(4) is also amended to deal with the calculation problems caused when the “applicable years of service” number changes between the time that a member’s original refund is issued and the date that a supplemental refund is issued. Since a supplemental refund is only caused by delayed wage reporting, the subparagraph is amended to clarify that the “applicable years of service” in effect at the time of the original refund is used for both original and supplemental refund calculations.

Subparagraph 21.24(14)“a”(1) is amended in order to modify the service purchase calculation method used for patient advocates who purchase service credit prior to July 1, 2002, for patient advocate employment, pursuant to legislative directives. The current rule incorrectly uses a more costly method.

The amendment to subrule 21.6(8) will be subject to requests for waivers. No other amendments will be subject to requests for waivers. The amendments to subrules 21.6(4), 21.6(7), 21.8(1) and 21.24(14) confer benefits, and the amendments to subrule 21.6(9) are required by statute.

In conjunction with the Adopted and Filed Emergency also published herein, this filing will give interested persons adequate notice of the changes and an opportunity to respond.

Any interested person may make written suggestions or comments on the proposed amendments on or before December 4, 2001. Such written suggestions or comments should be directed 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 December 4, 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 amendments.

These amendments are intended to implement Iowa Code chapter 97B.

These amendments were also Adopted and Filed Emergency and are published herein as ARC 1130B. The content of that submission is incorporated by reference.

Pursuant to the authority of Iowa Code section 455G.4(3)“a,” the Iowa Comprehensive Petroleum Underground Storage Tank Fund Board hereby gives Notice of Intended Action to rescind Chapter 2, “Petitions for Rule Making,” Iowa Administrative Code, and adopt a new Chapter 2 with the same title.

The proposed amendment is intended to implement changes to comply with Executive Order Number 8. The amendment reorganizes the rules in a new chapter to replace references in the rules to the Uniform Rules on Agency Procedure and incorporates the actual language previously referenced. This format should be easier for the public to read. These changes are being made subsequent to a review of the existing rules for clarity, statutory authority and intent, fairness, necessity and cost.

Public comments concerning the proposed amendment will be accepted until 4 p.m. on December 4, 2001. Interested persons may submit written or oral comments by contacting the Office of the Deputy Commissioner of Insurance, Division of Insurance, 330 Maple Street, Des Moines, Iowa 50319; telephone (515)281–5705.

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

This amendment is intended to implement Iowa Code chapter 17A.

The following amendment is proposed.

Rescind 591—Chapter 2 and adopt the following new chapter in lieu thereof:

CHAPTER 2
PETITIONS FOR RULE MAKING

591—2.1(17A) Petition for rule making. Any person or board may file a petition for rule making with the board at the following address: Administrator, Iowa Comprehensive Petroleum Underground Storage Tank Fund Board, 2700 Westown Parkway, Suite 320, West Des Moines, Iowa 50266. A petition is deemed filed when it is received by that office. The board must provide the petitioner with a file–stamped copy of the petition if the petitioner provides the board an extra copy for this purpose. The petition must be typewritten or legibly handwritten in ink and must substantially conform to the following form:

The petition must provide the following information:

1. A statement of the specific rule–making action sought by the petitioner including the text or a summary of the contents of the proposed rule or amendment to a rule and, if it is a petition to amend or repeal a rule, a citation and the relevant language to the particular portion or portions of the rule proposed to be amended or repealed.

2. A citation to any law deemed relevant to the board’s authority to take the action urged or to the desirability of that action.

3. A brief summary of petitioner’s arguments in support of the action urged in the petition.

4. A brief summary of any data supporting the action urged in the petition.

5. The names and addresses of other persons, or a description of any class of persons known by petitioner to be affected by, or interested in, the proposed action which is the subject of the petition.

6. Any request by petitioner for a meeting provided for by rule 2.4(17A).

2.1(1) The petition must be dated and signed by the petitioner or the petitioner’s representative. It must also include the name, mailing address, and telephone number of the petitioner and petitioner’s representative, and a statement indicating the person to whom communications concerning the petition should be directed.

2.1(2) The board may deny a petition because it does not substantially conform to the required form.

591—2.2(17A) Briefs. The petitioner may attach a brief to the petition in support of the action urged in the petition. The board may request a brief from the petitioner or from any other person concerning the substance of the petition.

591—2.3(17A) Inquiries. Inquiries concerning the status of a petition for rule making may be made to Administrator, Iowa Comprehensive Petroleum Underground Storage Tank Fund Board, 2700 Westown Parkway, Suite 320, West Des Moines, Iowa 50266.

2.4(1) Within 14 days after the filing of a petition, the board must submit a copy of the petition and any accompanying brief to the administrative rules coordinator and to the administrative rules review committee. Upon request by petitioner in the petition, the board must schedule a brief and informal meeting between the petitioner and the board, a member of the board, or a member of the staff of the board, to discuss the petition. The board may request the petitioner to submit additional information or argument concerning the petition. The board may also solicit comments from any person on the substance of the petition. Also, comments on the substance of the petition may be submitted to the board by any person.

2.4(2) Within 60 days after the filing of the petition, or within any longer period agreed to by the petitioner, the board must, in writing, deny the petition and notify petitioner of its action and the specific grounds for the denial, or grant the petition and notify petitioner that it has instituted rule–making proceedings on the subject of the petition. Petitioner shall be deemed notified of the denial or grant of the petition on the date when the board mails or delivers the required notification to petitioner.

2.4(3) Denial of a petition because it does not substantially conform to the required form does not preclude the filing of a new petition on the same subject that seeks to eliminate the grounds for the board’s rejection of the petition.

These rules are intended to implement Iowa Code chapter 17A.

Pursuant to the authority of Iowa Code section 455G.4(3)“a,” the Iowa Comprehensive Petroleum Underground Storage Tank Fund Board hereby gives Notice of Intended Action to rescind Chapter 3, “Declaratory Rulings,” and to adopt new Chapter 3, “Declaratory Orders,” Iowa Administrative Code.

The proposed amendment is intended to implement changes to comply with Executive Order Number 8. The amendment reorganizes the rules in a new chapter to replace references in the rules to the Uniform Rules on Agency Procedure and incorporate the actual language previously referenced. This format should be easier for the public to read. These changes are being made subsequent to a review of the existing rules for clarity, statutory authority and intent, fairness, necessity and cost.

Public comments concerning the proposed amendment will be accepted until 4 p.m. on December 4, 2001. Interested persons may submit written or oral comments by contacting the Office of the Deputy Commissioner of Insurance, Division of Insurance, 330 Maple Street, Des Moines, Iowa 50319; telephone (515)281–5705.

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

This amendment is intended to implement Iowa Code chapter 17A.

The following amendment is proposed.

Rescind 591—Chapter 3 and adopt the following new chapter in lieu thereof:

CHAPTER 3
DECLARATORY ORDERS

591—3.1(17A) Petition for declaratory order. Any person may file a petition with the Iowa comprehensive petroleum underground storage tank fund board for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the board at the following address: Administrator, Iowa Comprehensive Petroleum Underground Storage Tank Fund Board, 2700 Westown Parkway, Suite 320, West Des Moines, Iowa 50266. A petition is deemed filed when it is received by that office. The board shall provide the petitioner with a file–stamped copy of the petition if the petitioner provides the board an extra copy for this purpose. The petition must be typewritten or legibly handwritten in ink and must substantially conform to the following form:

The petition must provide the following information:

1. A clear and concise statement of all relevant facts on which the order is requested.

2. A citation and the relevant language of the specific statutes, rules, policies, decisions, or orders, whose applicability is questioned, and any other relevant law.

3. The questions petitioner wants answered, stated clearly and concisely.

4. The answers to the questions desired by the petitioner and a summary of the reasons urged by the petitioner in support of those answers.

5. The reasons for requesting the declaratory order and disclosure of the petitioner’s interest in the outcome.

6. A statement indicating whether the petitioner is currently a party to another proceeding involving the questions at issue and whether, to the petitioner’s knowledge, those questions have been decided by, are pending determination by, or are under investigation by, any governmental entity.

7. The names and addresses of other persons, or a description of any class of persons, known by petitioner to be affected by, or interested in, the questions presented in the petition.

8. Any request by petitioner for a meeting provided for by 3.7(17A).

The petition must be dated and signed by the petitioner or the petitioner’s representative. It must also include the name, mailing address, and telephone number of the petitioner and petitioner’s representative and a statement indicating the person to whom communications concerning the petition should be directed.

591—3.2(17A) Notice of petition. Within 15 days after receipt of a petition for a declaratory order, the board shall give notice of the petition to all persons not served by the petitioner pursuant to 3.6(17A) to whom notice is required by any provision of law. The board may also give notice to any other persons.

3.3(1) Persons who qualify under any applicable provision of law as an intervenor and who file a petition for intervention within 30 days of the filing of a petition for declaratory order shall be allowed to intervene in a proceeding for a declaratory order.

3.3(2) Any person who files a petition for intervention at any time prior to the issuance of an order may be allowed to intervene in a proceeding for a declaratory order at the discretion of the board.

3.3(3) A petition for intervention shall be filed at Administrator, Iowa Comprehensive Petroleum Underground Storage Tank Fund Board, 2700 Westown Parkway, Suite 320, West Des Moines, Iowa 50266. Such a petition is deemed filed when it is received by that office. The board will provide the petitioner with a file–stamped copy of the petition for intervention if the petitioner provides an extra copy for this purpose. A petition for intervention must be typewritten or legibly handwritten in ink and must substantially conform to the following form:

The petition for intervention must provide the following information:

1. Facts supporting the intervenor’s standing and qualifications for intervention.

2. The answers urged by the intervenor to the question or questions presented and a summary of the reasons urged in support of those answers.

3. Reasons for requesting intervention and disclosure of the intervenor’s interest in the outcome.

4. A statement indicating whether the intervenor is currently a party to any proceeding involving the questions at issue and whether, to the intervenor’s knowledge, those questions have been decided by, are pending determination by, or are under investigation by, any governmental entity.

5. The names and addresses of any additional persons, or a description of any additional class of persons, known by the intervenor to be affected by, or interested in, the questions presented.

6. Whether the intervenor consents to be bound by the determination of the matters presented in the declaratory order proceeding.

The petition must be dated and signed by the intervenor or the intervenor’s representative. It must also include the name, mailing address, and telephone number of the intervenor and intervenor’s representative, and a statement indicating the person to whom communications should be directed.

591—3.4(17A) Briefs. The petitioner or any intervenor may file a brief in support of the position urged. The board may request a brief from the petitioner, any intervenor, or any other person concerning the questions raised.

591—3.5(17A) Inquiries. Inquiries concerning the status of a declaratory order proceeding may be made to Administrator, Iowa Comprehensive Petroleum Underground Storage Tank Fund Board, 2700 Westown Parkway, Suite 320, West Des Moines, Iowa 50266.

3.6(1) When service required. Except where otherwise provided by law, every petition for declaratory order, petition for intervention, brief, or other paper filed in a proceeding for a declaratory order shall be served upon each of the parties of record to the proceeding, and on all other persons identified in the petition for declaratory order or petition for intervention as affected by or interested in the questions presented, simultaneously with their filing. The party filing a document is responsible for service on all parties and other affected or interested persons.

3.6(2) Filing—when required. All petitions for declaratory orders, petitions for intervention, briefs, or other papers in a proceeding for a declaratory order shall be filed with the Administrator, Iowa Comprehensive Petroleum Underground Storage Tank Fund Board, 2700 Westown Parkway, Suite 320, West Des Moines, Iowa 50266. All petitions, briefs, or other papers that are required to be served upon a party shall be filed simultaneously with the board.

3.6(3) Method of service, time of filing, and proof of mailing. Method of service, time of filing, and proof of mailing shall be as provided by 591—17.13(17A).

591—3.7(17A) Consideration. Upon request by petitioner, the board must schedule a brief and informal meeting between the original petitioner, all intervenors, and the board, a member of the board, or a member of the staff of the administrator to discuss the questions raised. The board may solicit comments from any person on the questions raised. Also, comments on the questions raised may be submitted to the Administrator, Iowa Comprehensive Petroleum Underground Storage Tank Fund Board, 2700 Westown Parkway, Suite 320, West Des Moines, Iowa 50266, by any person.

3.8(1) Within the time allowed by Iowa Code section 17A.9(5), after receipt of a petition for a declaratory order, the board or designee shall take action on the petition as required by Iowa Code section 17A.9(5).

3.8(2) The date of issuance of an order or of a refusal to issue an order is as defined in 591—17.2(17A).

3.9(1) The board shall not issue a declaratory order where prohibited by Iowa Code section 17A.9(1) and may refuse to issue a declaratory order on some or all questions raised for the following reasons:

1. The petition does not substantially comply with the required form.

2. The petition does not contain facts sufficient to demonstrate that the petitioner will be aggrieved or adversely affected by the failure of the board to issue an order.

3. The board does not have jurisdiction over the questions presented in the petition.

4. The questions presented by the petition are also presented in a current rule making, contested case, or other board or judicial proceeding, that may definitively resolve them.

5. The questions presented by the petition would more properly be resolved in a different type of proceeding or by another body with jurisdiction over the matter.

6. The facts or questions presented in the petition are unclear, overbroad, insufficient, or otherwise inappropriate as a basis upon which to issue an order.

7. There is no need to issue an order because the questions raised in the petition have been settled due to a change in circumstances.

8. The petition is not based upon facts calculated to aid in the planning of future conduct but is, instead, based solely upon prior conduct in an effort to establish the effect of that conduct or to challenge a board decision already made.

9. The petition requests a declaratory order that would necessarily determine the legal rights, duties, or responsibilities of other persons who have not joined in the petition, intervened separately, or filed a similar petition and whose position on the questions presented may fairly be presumed to be adverse to that of petitioner.

10. The petitioner requests the board to determine whether a statute is unconstitutional on its face.

3.9(2) A refusal to issue a declaratory order must indicate the specific grounds for the refusal and constitutes final board action on the petition.

3.9(3) Refusal to issue a declaratory order pursuant to this provision does not preclude the filing of a new petition that seeks to eliminate the grounds for the refusal to issue an order.

591—3.10(17A) Contents of declaratory order—effective date. In addition to the order itself, a declaratory order must contain the date of its issuance, the name of petitioner and all intervenors, the specific statutes, rules, policies, decisions, or orders involved, the particular facts upon which it is based, and the reasons for its conclusion.

A declaratory order is effective on the date of issuance.

591—3.11(17A) Copies of orders. A copy of all orders issued in response to a petition for a declaratory order shall be mailed promptly to the original petitioner and all intervenors.

591—3.12(17A) Effect of a declaratory order. A declaratory order has the same status and binding effect as a final order issued in a contested case proceeding. It is binding on the board, the petitioner, and any intervenors (who consent to be bound) and is applicable only in circumstances where the relevant facts and the law involved are indistinguishable from those on which the order was based. As to all other persons, a declaratory order serves only as precedent and is not binding on the board. The issuance of a declaratory order constitutes final board action on the petition.

These rules are intended to implement Iowa Code chapter 17A.

Pursuant to the authority of Iowa Code section 455G.4(3)“a,” the Iowa Comprehensive Petroleum Underground Storage Tank Fund Board hereby gives Notice of Intended Action to rescind Chapter 4, “Board Procedure for Rule Making,” Iowa Administrative Code, and adopt a new Chapter 4 with the same title.

The proposed amendment is intended to implement changes to comply with Executive Order Number 8. This amendment reorganizes the rules in a new chapter to replace references in the rules to the Uniform Rules on Agency Procedure and incorporates the actual language previously referenced. This format should be easier for the public to read. The changes are being made subsequent to a review of the existing rules for clarity, statutory authority and intent, fairness, necessity and cost.

Public comments concerning the proposed amendment will be accepted until 4 p.m. on December 4, 2001. Interested persons may submit written or oral comments by contacting the Office of the Deputy Commissioner of Insurance, Division of Insurance, 330 Maple Street, Des Moines, Iowa 50319; telephone (515)281–5705.

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

This amendment is intended to implement Iowa Code chapter 17A.

The following amendment is proposed.

Rescind 591—Chapter 4 and adopt the following new chapter in lieu thereof:

CHAPTER 4
BOARD PROCEDURE FOR RULE MAKING

591—4.1(17A) Applicability. Except to the extent otherwise expressly provided by statute, all rules adopted by the board are subject to the provisions of Iowa Code chapter 17A, the Iowa administrative procedure Act, and the provisions of this chapter.

591—4.2(17A) Advice on possible rules before notice of proposed rule adoption. In addition to seeking information by other methods, the board may, before publication of aNotice of Intended Action under Iowa Code section 17A.4(1)“a,” solicit comments from the public on a subject matter of possible rule making by the board by causing notice to be published in the Iowa Administrative Bulletin of the subject matter and indicating where, when, and how persons may comment.

4.3(1) Docket maintained. The board shall maintain a current public rule–making docket.

4.3(2) Anticipated rule making. The rule–making docket shall list each anticipated rule–making proceeding. A rule–making proceeding is deemed “anticipated” from the time a draft of proposed rules is distributed for internal discussion within the board. For each anticipated rule–making proceeding the docket shall contain a listing of the precise subject matter which may be submitted for consideration by the board for subsequent proposal under the provisions of Iowa Code section 17A.4(1)“a,” the name and address of board personnel with whom persons may communicate with respect to the matter, and an indication of the present status within the board of that possible rule. The board may also include in the docket other subjects upon which public comment is desired.

4.3(3) Pending rule–making proceedings. The rule–making docket shall list each pending rule–making proceeding. A rule–making proceeding is pending from the time itis commenced, by publication in the Iowa Administrative Bulletin of a Notice of Intended Action pursuant to Iowa Code section 17A.4(1)“a,” to the time it is terminated, by publication of a Notice of Termination in the Iowa Administrative Bulletin or the rule becoming effective. For each rule–making proceeding, the docket shall indicate:

a. The subject matter of the proposed rule;

b. A citation to all published notices relating to the proceeding;

c. Where written submissions on the proposed rule may be inspected;

d. The time during which written submissions may be made;

e. The names of persons who have made written requests for an opportunity to make oral presentations on the proposed rule, where those requests may be inspected, and where and when oral presentations may be made;

f. Whether a written request for the issuance of a regulatory analysis, or a concise statement of reasons, has been filed, whether such an analysis or statement or a fiscal impact statement has been issued, and where any such written request, analysis, or statement may be inspected;

g. The current status of the proposed rule and any board determinations with respect thereto;

h. Any known timetable for board decisions or other action in the proceeding;

i. The date of the rule’s adoption;

j. The date of the rule’s filing, indexing, and publication;

k. The date on which the rule will become effective; and

l. Where the rule–making record may be inspected.

4.4(1) Contents. At least 35 days before the adoption of a rule the board shall cause Notice of Intended Action to be published in the Iowa Administrative Bulletin. The Notice of Intended Action shall include:

a. A brief explanation of the purpose of the proposed rule;

b. The specific legal authority for the proposed rule;

c. Except to the extent impracticable, the text of the proposed rule;

d. Where, when, and how persons may present their views on the proposed rule; and

e. Where, when, and how persons may demand an oral proceeding on the proposed rule if the notice does not already provide for one.

Where inclusion of the complete text of a proposed rule in the Notice of Intended Action is impracticable, the board shall include in the notice a statement fully describing the specific subject matter of the omitted portion of the text of the proposed rule, the specific issues to be addressed by that omitted text of the proposed rule, and the range of possible choices being considered by the board for the resolution of each of those issues.

4.4(2) Incorporation by reference. A proposed rule may incorporate other materials by reference only if it complies with all of the requirements applicable to the incorporation by reference of other materials in an adopted rule that are contained in subrule 4.12(2) of this chapter.

4.4(3) Copies of notices. Persons desiring to receive copies of future Notices of Intended Action by subscription must file with the board a written request indicating the name and address to which such notices should be sent. Within seven days after submission of a Notice of Intended Action to the administrative rules coordinator for publication in the Iowa Administrative Bulletin, the board shall mail or electronically transmit a copy of that notice to subscribers who have filed with the board a written request for either mailing or electronic transmittal of Notices of Intended Action. The written request shall be accompanied by payment of the subscription price which may cover the full cost of the subscription service, including its administrative overhead and the cost of copying and mailing the Notices of Intended Action for a period of one year.

4.5(1) Written comments. For at least 20 days after publication of the Notice of Intended Action, persons may submit argument, data, and views, in writing, on the proposed rule. Such written submissions should identify the proposed rule to which they relate and should be submitted to Administrator, Iowa Comprehensive Petroleum Underground Storage Tank Fund Board, 2700 Westown Parkway, Suite 320, West Des Moines, Iowa 50266, or the person designated in the Notice of Intended Action.

4.5(2) Oral proceedings. The board may, at any time, schedule an oral proceeding on a proposed rule. The board shall schedule an oral proceeding on a proposed rule if, within 20 days after the published Notice of Intended Action, a written request for an opportunity to make oral presentations is submitted to the board by the administrative rules review committee, a governmental subdivision, a board, an association having not less than 25 members, or at least 25 persons. That request must also contain the following additional information:

1. A request by one or more individual persons must be signed by each of them and include the address and telephone number of each of them.

2. A request by an association must be signed by an officer or designee of the association and must contain a statement that the association has at least 25 members and the address and telephone number of the person signing that request.

3. A request by a board or governmental subdivision must be signed by an official having authority to act on behalf of the entity and must contain the address and telephone number of the person signing that request.

4.5(3) Conduct of oral proceedings.

a. Applicability. This subrule applies only to those oral rule–making proceedings in which an opportunity to make oral presentations is authorized or required by Iowa Code section 17A.4(1)“b” or this chapter.

b. Scheduling and notice. An oral proceeding on a proposed rule may be held in one or more locations and shall not be held earlier than 20 days after notice of its location and time is published in the Iowa Administrative Bulletin. That notice shall also identify the proposed rule by ARC number and citation to the Iowa Administrative Bulletin.

c. Presiding officer. The board, a member of the board, or another person designated by the board who will be familiar with the substance of the proposed rule shall preside at the oral proceeding on a proposed rule. If the board does not preside, the presiding officer shall prepare a memorandum for consideration by the board summarizing the contents of the presentations made at the oral proceeding unless the board determines that such a memorandum is unnecessary because the board will personally listen to or read the entire transcript of the oral proceeding.

d. Conduct of proceeding. At an oral proceeding on a proposed rule, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed rule. Persons wishing to make oral presentations at such a proceeding are encouraged to notify the board at least one business day prior to the proceeding and indicate the general subject of their presentations. At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer. Oral proceedings shall be open to the public and shall be recorded by stenographic or electronic means.

(1) At the beginning of the oral proceeding, the presiding officer shall give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule, and the reasons for the board decision to propose the rule. The presiding officer may place time limitations on individual oral presentations when necessary to ensure the orderly and expeditious conduct of the oral proceeding. To encourage joint oral presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views.

(2) Persons making oral presentations are encouraged to avoid restating matters which have already been submitted in writing.

(3) To facilitate the exchange of information, the presiding officer may, where time permits, open the floor to questions or general discussion.

(4) The presiding officer shall have the authority to take any reasonable action necessary for the orderly conduct of the meeting.

(5) Physical and documentary submissions presented by participants in the oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the board.

(6) The oral proceeding may be continued by the presiding officer to a later time without notice other than by announcement at the hearing.

(7) Participants in an oral proceeding shall not be required to take an oath or to submit to cross–examination. However, the presiding officer in an oral proceeding may question participants and permit the questioning of participants by other participants about any matter relating to that rule–making proceeding, including any prior written submissions made by those participants in that proceeding; but no participant shall be required to answer any question.

(8) The presiding officer in an oral proceeding may permit rebuttal statements and request the filing of written statements subsequent to the adjournment of the oral presentations.

4.5(4) Additional information. In addition to receiving written comments and oral presentations on a proposed rule according to the provisions of this rule, the board may obtain information concerning a proposed rule through any other lawful means deemed appropriate under the circumstances.

4.5(5) Accessibility. The board shall schedule oral proceedings in rooms accessible to and functional for persons with physical disabilities. Persons who have special requirements should contact Administrator, Iowa Comprehensive Petroleum Underground Storage Tank Fund Board, 2700 Westown Parkway, Suite 320, West Des Moines, Iowa 50266, in advance to arrange access or other needed services.

4.6(1) Definition of small business. A “small business” is defined in Iowa Code section 17A.4A(7).

4.6(2) Mailing list. Small businesses or organizations of small businesses may be registered on the board’s small business impact list by making a written application addressed to Administrator, Iowa Comprehensive Petroleum Underground Storage Tank Fund Board, 2700 Westown Parkway, Suite 320, West Des Moines, Iowa 50266. The application for registration shall state:

a. The name of the small business or organization of small businesses;

b. Its address;

c. The name of a person authorized to transact business for the applicant;

d. A description of the applicant’s business or organization. An organization representing 25 or more persons who qualify as a small business shall indicate that fact.

e. Whether the registrant desires copies of Notices of Intended Action at cost, or desires advance notice of the subject of all or some specific category of proposed rule making affecting small business.

The board may at any time request additional information from the applicant to determine whether the applicant is qualified as a small business or as an organization of 25 or more small businesses. The board may periodically send a letter to each registered small business or organization of small businesses asking whether that business or organization wishes to remain on the registration list. The name of a small business or organization of small businesses will be removed from the list if a negative response is received, or if no response is received within 30 days after the letter is sent.

4.6(3) Time of mailing. Within seven days after submission of a Notice of Intended Action to the administrative rules coordinator for publication in the Iowa Administrative Bulletin, the board shall mail to all registered small businesses or organizations of small businesses, in accordance with their request, either a copy of the Notice of Intended Action or notice of the subject of that proposed rule making. In the case of a rule that may have an impact on small business adopted in reliance upon Iowa Code section 17A.4(2), the board shall mail notice of the adopted rule to registered businesses or organizations prior to the time the adopted rule is published in the Iowa Administrative Bulletin.

4.6(4) Qualified requesters for regulatory analysis—economic impact. The board shall issue a regulatory analysis of a proposed rule that conforms to the requirements of Iowa Code section 17A.4A(2a) after a proper request from:

a. The administrative rules coordinator;

b. The administrative rules review committee.

4.6(5) Qualified requesters for regulatory analysis—business impact. The board shall issue a regulatory analysis of a proposed rule that conforms to the requirements of Iowa Code section 17A.4A(2b) after a proper request from:

a. The administrative rules review committee;

b. The administrative rules coordinator;

c. At least 25 or more persons who sign the request provided that each represents a different small business;

d. An organization representing at least 25 small businesses. That organization shall list the name, address and telephone number of not less than 25 small businesses it represents.

4.6(6) Time period for analysis. Upon receipt of a timely request for a regulatory analysis the board shall adhere to the time lines described in Iowa Code section 17A.4A(4).

4.6(7) Contents of request. A request for a regulatory analysis is made when it is mailed or delivered to the board. The request shall be in writing and satisfy the requirements of Iowa Code section 17A.4A(1).

4.6(8) Contents of concise summary. The contents of the concise summary shall conform to the requirements of Iowa Code sections 17A.4A(4) and 17A.4A(5).

4.6(9) Publication of a concise summary. The board shall make available, to the maximum extent feasible, copies of the published summary in conformance with Iowa Code section 17A.4A(5).

4.6(10) Regulatory analysis contents—rules review committee or rules coordinator. When a regulatory analysis is issued in response to a written request from the administrative rules review committee, or the administrative rules coordinator, the regulatory analysis shall conform to the requirements of Iowa Code section 17A.4A(2a), unless a written request expressly waives one or more of the items listed in the section.

4.6(11) Regulatory analysis contents—substantial impact on small business. When a regulatory analysis is issued in response to a written request from the administrative rules review committee, the administrative rules coordinator, at least 25 persons signing that request who each qualify as a small business or by an organization representing at least 25 small businesses, the regulatory analysis shall conform to the requirements of Iowa Code section 17A.4A(2b).

4.7(1) A proposed rule that mandates additional combined expenditures exceeding $100,000 by all affected political subdivisions or agencies and entities which contract with political subdivisions to provide services must be accompanied by a fiscal impact statement outlining the costs associated with the rule. A fiscal impact statement must satisfy the requirements of Iowa Code section 25B.6.

4.7(2) If the board determines at the time it adopts a rule that the fiscal impact statement upon which the rule is based contains errors, the board shall, at the same time, issue a corrected fiscal impact statement and publish the corrected fiscal impact statement in the Iowa Administrative Bulletin.

4.8(1) Time of adoption. The board shall not adopt arule until the period for making written submissions and oral presentations has expired. Within 180 days after the later of the publication of the Notice of Intended Action, or the end of oral proceedings thereon, the board shall adopt a rule pursuant to the rule–making proceeding or terminate the proc–eeding by publication of a notice to that effect in the Iowa Administrative Bulletin.

4.8(2) Consideration of public comment. Before the adoption of a rule, the board shall consider fully all of the written submissions and oral submissions received in that rule–making proceeding or any memorandum summarizing such oral submissions, and any regulatory analysis or fiscal impact statement issued in that rule–making proceeding.

4.8(3) Reliance on board expertise. Except as otherwise provided by law, the board may use its own experience, technical competence, specialized knowledge, and judgment in the adoption of a rule.

4.9(1) The board shall not adopt a rule that differs from the rule proposed in the Notice of Intended Action on which the rule is based unless:

a. The differences are within the scope of the subject matter announced in the Notice of Intended Action and are in character with the issues raised in that notice; and

b. The differences are a logical outgrowth of the contents of that Notice of Intended Action and the comments submitted in response thereto; and

c. The Notice of Intended Action provided fair warning that the outcome of that rule–making proceeding could be the rule in question.

4.9(2) In determining whether the Notice of IntendedAction provided fair warning that the outcome of that rule–making proceeding could be the rule in question, the board shall consider the following factors:

a. The extent to which persons who will be affected by the rule should have understood that the rule–making proceeding on which it is based could affect their interests;

b. The extent to which the subject matter of the rule or the issues determined by the rule are different from the subject matter or issues contained in the Notice of Intended Action; and

c. The extent to which the effects of the rule differ from the effects of the proposed rule contained in the Notice of Intended Action.

4.9(3) The board shall commence a rule–making proceeding within 60 days of its receipt of a petition for rule making seeking the amendment or repeal of a rule that differs from the proposed rule contained in the Notice of Intended Action upon which the rule is based, unless the board finds that the differences between the adopted rule and the proposed rule are so insubstantial as to make such a rule–making proceeding wholly unnecessary. A copy of any such finding and the petition to which it responds shall be sent to petitioner, the administrative rules coordinator, and the administrative rules review committee, within three days of its issuance.

4.9(4) Concurrent rule–making proceedings. Nothing in this rule disturbs the discretion of the board to initiate, concurrently, several different rule–making proceedings on the same subject with several different published Notices of Intended Action.

4.10(1) Omission of notice and comment. To the extent the board for good cause finds that public notice and participation are unnecessary, impracticable, or contrary to the public interest in the process of adopting a particular rule, the board may adopt that rule without publishing advance Notice of Intended Action in the Iowa Administrative Bulletin and without providing for written or oral public submissions prior to its adoption. The board shall incorporate the required finding and a brief statement of its supporting reasons in each rule adopted in reliance upon this subrule.

4.10(2) Public proceedings on rules adopted without them. The board may, at any time, commence a standard rule–making proceeding for the adoption of a rule that is identical or similar to a rule it adopts in reliance upon subrule 4.10(1). Upon written petition by a governmental subdivision, the administrative rules review committee, a board, the administrative rules coordinator, an association having not less than 25 members, or at least 25 persons, the board shall commence a standard rule–making proceeding for any rule specified in the petition that was adopted in reliance upon subrule 4.10(1). Such a petition must be filed within one year of the publication of the specified rule in the Iowa Administrative Bulletin as an adopted rule. The rule–making proceeding on that rule must be commenced within 60 days of the receipt of such a petition. After a standard rule–making proceeding commenced pursuant to this subrule, the board may either readopt the rule it adopted without benefit of all usual procedures on the basis of subrule 4.10(1), or may take any other lawful action, including the amendment or repeal of the rule in question, with whatever further proceedings are appropriate.

4.11(1) General. When requested by a person, either prior to the adoption of a rule or within 30 days after its publication in the Iowa Administrative Bulletin as an adopted rule, the board shall issue a concise statement of reasons for the rule. Requests for such a statement must be in writing and be delivered to Administrator, Iowa Comprehensive Petroleum Underground Storage Tank Fund Board, 2700 Westown Parkway, Suite 320, West Des Moines, Iowa 50266. The request should indicate whether the statement is sought for all or only a specified part of the rule. Requests will be considered made on the date received.

4.11(2) Contents. The concise statement of reasons shall contain:

a. The reasons for adopting the rule;

b. An indication of any change between the text of the proposed rule contained in the published Notice of Intended Action and the text of the rule as finally adopted, with the reasons for any such change;

c. The principal reasons urged in the rule–making proceeding for and against the rule, and the board’s reasons for overruling the arguments made against the rule.

4.11(3) Time of issuance. After a proper request, the board shall issue a concise statement of reasons by the later of the time the rule is adopted or 35 days after receipt of the request.

4.12(1) Contents. Each rule adopted by the board shall contain the text of the rule and, in addition:

a. The date the board adopted the rule;

b. A brief explanation of the principal reasons for the rule–making action if such reasons are required by Iowa Code section 17A.4(1)“b,” or the board in its discretion decides to include such reasons;

c. A reference to all rules repealed, amended, or suspended by the rule;

d. A reference to the specific statutory or other authority authorizing adoption of the rule;

e. Any findings required by any provision of law as a prerequisite to adoption or effectiveness of the rule;

f. A brief explanation of the principal reasons for the failure to provide for waivers to the rule if no waiver provision is included and a brief explanation of any waiver or special exceptions provided in the rule if such reasons are required by Iowa Code section 17A.4(1)“b,” or the board in its discretion decides to include such reasons; and

g. The effective date of the rule.

4.12(2) Incorporation by reference. The board may incorporate by reference in a proposed or adopted rule, and without causing publication of the incorporated matter in full, all or any part of a code, standard, rule, or other matter ifthe board finds that the incorporation of its text in the board–proposed or board–adopted rule would be unduly cumbersome, expensive, or otherwise inexpedient. The reference in the proposed or adopted rule shall fully and precisely identify the incorporated matter by location, title, citation, date, and edition, if any; shall briefly indicate the precise subject and the general contents of the incorporated matter; and shall state that the proposed or adopted rule does not include any later amendments or editions of the incorporated matter. The board may incorporate such matter by reference in a proposed or adopted rule only if the board makes copies of it readily available to the public. The rule shall state how and where copies of the incorporated matter may be obtained at cost from this board, and how and where copies may be obtained from the agency of the United States, this state, another state, or the organization, association, or persons, originally issuing that matter. The board shall retain permanently a copy of any materials incorporated by reference in a rule of the board.

If the board adopts standards by reference to another publication, it shall provide a copy of the publication containing the standards to the administrative rules coordinator for deposit in the state law library and may make the standards available electronically.

4.12(3) References to materials not published in full. When the administrative code editor decides to omit the full text of a proposed or adopted rule because publication of the full text would be unduly cumbersome, expensive, or otherwise inexpedient, the board shall prepare and submit to the administrative code editor for inclusion in the Iowa Administrative Bulletin and Iowa Administrative Code a summary statement describing the specific subject matter of the omitted material. This summary statement shall include the title and a brief description sufficient to inform the public of the specific nature and subject matter of the proposed or adopted rules, and of significant issues involved in these rules. The summary statement shall also describe how a copy of the full text of the proposed or adopted rule, including any unpublished matter and any matter incorporated by reference, may be obtained from the board. The board will provide a copy of that full text (at actual cost) upon request and shall make copies of the full text available for review at the state law library and may make the standards available electronically.

At the request of the administrative code editor, the board shall provide a proposed statement explaining why publication of the full text would be unduly cumbersome, expensive, or otherwise inexpedient.

4.12(4) Style and form. In preparing its rules, the board shall follow the uniform numbering system, form, and style prescribed by the administrative rules coordinator.

4.13(1) Requirement. The board shall maintain an official rule–making record for each rule it proposes by publication in the Iowa Administrative Bulletin of a Notice of Intended Action, or adopts. The rule–making record and materials incorporated by reference must be available for public inspection.

4.13(2) Contents. The board rule–making record shall contain:

a. Copies of all publications in the Iowa Administrative Bulletin with respect to the rule or the proceeding upon which the rule is based and any file–stamped copies of board submissions to the administrative rules coordinator concerning that rule or the proceeding upon which it is based;

b. Copies of any portions of the board’s public rule–making docket containing entries relating to the rule or the proceeding upon which the rule is based;

c. All written petitions, requests, and submissions received by the board, and all other written materials of a factual nature as distinguished from opinion that are relevant to the merits of the rule and that were created or compiled by the board and considered by the board chairperson, in connection with the formulation, proposal, or adoption of the rule or the proceeding upon which the rule is based, except to the extent the board is authorized by law to keep them confidential; provided, however, that when any such materials are deleted because they are authorized by law to be kept confidential, the board shall identify in the record the particular materials deleted and state the reasons for that deletion;

d. Any official transcript of oral presentations made in the proceeding upon which the rule is based or, if not transcribed, the stenographic record or electronic recording of those presentations, and any memorandum prepared by a presiding officer summarizing the contents of those presentations;

e. A copy of any regulatory analysis or fiscal impact statement prepared for the proceeding upon which the rule is based;

f. A copy of the rule and any concise statement of reasons prepared for that rule;

g. All petitions for amendment or repeal or suspension of the rule;

h. A copy of any objection to the issuance of that rule without public notice and participation that was filed pursuant to Iowa Code section 17A.4(2) by the administrative rules review committee, the governor, or the attorney general;

i. A copy of any objection to the rule filed by the administrative rules review committee, the governor, or the attorney general pursuant to Iowa Code section 17A.4(4), and any board response to that objection;

j. A copy of any significant written criticism of the rule, including a summary of any petitions for waiver of the rule; and

k. A copy of any executive order concerning the rule.

4.13(3) Effect of record. Except as otherwise required by a provision of law, the board rule–making record required by this rule need not constitute the exclusive basis for board action on that rule.

4.13(4) Maintenance of record. The board shall maintain the rule–making record for a period of not less than five years from the later of the date the rule to which it pertains became effective, the date of the Notice of Intended Action, or the date of any written criticism as described in 4.13(2) “g,” “h,” “i,” or “j.”

591—4.14(17A) Filing of rules. The board shall file each rule it adopts in the office of the administrative rules coordinator. The filing must be executed as soon after adoption of the rule as is practicable. At the time of filing, each rule must have attached to it any fiscal impact statement and any concise statement of reasons that was issued with respect to that rule. If a fiscal impact statement or statement of reasons for that rule was not issued until a time subsequent to the filing of that rule, the note or statement must be attached to the filed rule within five working days after the note or statement is issued. In filing a rule, the board shall use the standard form prescribed by the administrative rules coordinator.

4.15(1) Grounds. The board may make a rule effective after its filing at any stated time prior to 35 days after its indexing and publication in the Iowa Administrative Bulletin if it finds that a statute so provides, the rule confers a benefit or removes a restriction on some segment of the public, or that the effective date of the rule is necessary to avoid imminent peril to the public health, safety, or welfare. The board shall incorporate the required finding and a brief statement of its supporting reasons in each rule adopted in reliance upon this subrule.

4.15(2) Special notice. When the board makes a rule effective prior to its indexing and publication in reliance upon the provisions of Iowa Code section 17A.5(2)“b”(3), the board shall employ all reasonable efforts to make its contents known to the persons who may be affected by that rule prior to the rule’s indexing and publication. The term “all reasonable efforts” requires the board to employ the most effective and prompt means of notice rationally calculated to inform potentially affected parties of the effectiveness of the rule that is justified and practical under the circumstances considering the various alternatives available for this purpose, the comparative costs to the board of utilizing each of those alternatives, and the harm suffered by affected persons from any lack of notice concerning the contents of the rule prior to its indexing and publication. The means that may be used for providing notice of such rules prior to their indexing and publication include, but are not limited to, any one or more of the following means: radio, newspaper, television, signs, mail, telephone, personal notice or electronic means.

A rule made effective prior to its indexing and publication in reliance upon the provisions of Iowa Code section 17A.5(2)“b”(3) shall include in that rule a statement describing the reasonable efforts that will be used to comply with the requirements of subrule 4.15(2).

4.16(1) Compilation, indexing, public inspection. The board shall maintain an official, current, and dated compilation that is indexed by subject, containing all of its general statements of policy within the scope of Iowa Code sections 17A.2(11)“a,” “c,” “f,” “g,” “h,” and “k.” Each addition to, change in, or deletion from the official compilation must also be dated, indexed, and a record thereof kept. Except for those portions containing rules governed by Iowa Code section 17A.2(11)“f,” or otherwise authorized by law to be kept confidential, the compilation must be made available for public inspection and copying.

4.16(2) Enforcement of requirements. A general statement of policy subject to the requirements of this subsection shall not be relied on by the board to the detriment of any person who does not have actual, timely knowledge of the contents of the statement until the requirements of subrule 4.16(1) are satisfied. This provision is inapplicable to the extent necessary to avoid imminent peril to the public health, safety, or welfare.

4.17(1) Any interested person, association, board, or political subdivision may submit a written request to the administrative rules coordinator requesting the board to conduct a formal review of a specified rule. Upon approval of that request by the administrative rules coordinator, the board shall conduct a formal review of a specified rule to determine whether a new rule should be adopted instead or the rule should be amended or repealed. The board may refuseto conduct a review if it has conducted such a review of the specified rule within five years prior to the filing of the written request.

4.17(2) In conducting the formal review, the board shall prepare within a reasonable time a written report summarizing its findings, its supporting reasons, and any proposed course of action. The report must include a concise statement of the board’s findings regarding the rule’s effectiveness in achieving its objectives, including a summary of any available supporting data. The report shall also concisely describe significant written criticisms of the rule received during the previous five years, including a summary of any petitions for waiver of the rule received by the board or granted by the board. The report shall describe alternative solutions to resolve the criticisms of the rule, the reasons any were rejected, and any changes made in the rule in response to the criticisms as well as the reasons for the changes. A copy of the board’s report shall be sent to the administrative rules review committee and the administrative rules coordinator. The report must also be available for public inspection.

These rules are intended to implement Iowa Code chapter 17A.

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

The proposed amendment is intended to implement changes to comply with Executive Order Number 8. The amendment reorganizes the rules in the chapter to place rules in a format that should be easier for the public to read. The change is being made subsequent to a review of the existing rules for clarity, statutory authority and intent, fairness, necessity and cost. Several areas were deleted; most were moved to be grouped with related subjects.

Public comments concerning the proposed amendment will be accepted until 4 p.m. on December 4, 2001. Interested persons may submit written or oral comments by contacting the Office of the Deputy Commissioner of Insurance, Division of Insurance, 330 Maple Street, Des Moines, Iowa 50319; telephone (515)281–5705.

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

This amendment is intended to implement Iowa Code chapter 455G.

The following amendment is proposed.

Rescind 591—Chapter 11 and adopt the following new chapter in lieu thereof:

CHAPTER 11
CLAIMS