Pages 1035 to 1085 include ARC 0371B to ARC 0406B

Schedule for rule making 1028

Publication procedures 1029

Administrative rules on CD–ROM 1029

Agency identification numbers 1033

CITATION OF ADMINISTRATIVE RULES 1027

Notice, Community development fund, ch 41
ARC 0403B 1035

Filed, Emergency shelter grants program,
24.2 to 24.4, 24.6, 24.7, 24.10(6),
24.12(4) ARC 0401B 1073

Filed, Lead hazard reduction; housing
rehabilitation projects, 25.2, 25.4(1),
25.6(2), 25.7, 25.8 ARC 0400B 1074

Filed, Homeless shelter operation grants
program, 29.1 to 29.12 ARC 0402B 1074

Filed Emergency After Notice, Assistive
device tax credit, ch 66 ARC 0404B 1062

Filed, Life science enterprises, ch 67
ARC 0405B 1075

Notice, Complaints, investigations, contested
case hearings, 11.3 to 11.7, 11.21(3), 11.22(3),
11.33, 11.34 ARC 0377B 1036

Filed, Elementary and secondary principals,
14.23 ARC 0378B 1075

Notice, Repair, calibration, and maintenance of
radiological monitoring, detection, and
survey equipment, ch 11 ARC 0391B 1039

Filed Emergency, State communications,
rescind ch 3 ARC 0381B 1062

Notice, Annual increase—community spouse’s
resources and maintenance needs; SSI program,
51.4(1), 51.7, 52.1, 75.5(3), 75.16(2)
ARC 0373B 1040

Filed, Departmental organization—division
of policy and rule integration, 1.3(2), 1.6
ARC 0372B 1075

Filed Emergency, Annual increase—community
spouse’s resources and maintenance needs;
SSI program, 51.4(1), 51.7, 52.1, 75.5(3),
75.16(2) ARC 0374B 1062

Filed Emergency After Notice, Rehabilitation
services to adults with chronic mental illness,
77.42, 78.48, 79.1, 79.14(1), 80.2(2)
ARC 0375B 1064

Filed, Medicaid coverage—infant and toddler
program providers and local education agency
providers, 77.43, 77.44, 78.49, 78.50, 79.1(2),
80.2(2), 88.5(3) ARC 0376B 1076

Filed, HAWK–I program, 86.1, 86.2(2), 86.3(8),
86.4(1), 86.5 to 86.9, 86.11 ARC 0380B 1079

Filed Emergency After Notice, Accounting
practices and procedures manual and annual
statement instructions, 5.15 ARC 0371B 1070

Filed Emergency After Notice, Private
activity bond allocation, 8.1, 8.3 to 8.5,
8.9, 8.10 ARC 0395B 1070

Filed, Decertification or suspension actions,
1.1, 5.1, 6.2(2), 6.3(2) ARC 0392B 1079

Notice, Agency organization and procedures;
groundwater protection program evaluation,
1.1 to 1.4, 1.5(2), 1.6, 2.3, 2.14, 2.15, 3.2,
3.3(1), 9.1(2), 9.2(4); rescind ch 15
ARC 0406B 1041

Notice, Administrative and regulatory
authority, 1.1, 1.3 ARC 0393B 1051

Notice, Licensure to practice—registered
nurse/licensed practical nurse, ch 3
ARC 0394B 1052

Notice, IPERS, 21.10(11), 21.10(18)
ARC 0390B 1057

Filed Emergency, IPERS, 21.10(11),
21.10(18) ARC 0389B 1071

Filed, Uniform rules for waivers, ch 33
ARC 0388B 1080

Filed, Board’s meeting schedule, 1.3
ARC 0384B 1080

Filed, Change of address, 1.4, 2.1, 2.3, 3.1,
3.3, 4.11(1) ARC 0385B 1081

Filed, Liens on tank sites, 11.9 ARC 0387B 1081

Filed, Fraud disqualifications, 11.10
ARC 0386B 1082

Filed, Social workers, 280.1, 280.2(2),
280.3, 280.4, 280.100 to 280.106, 280.212,
280.213, ch 281 ARC 0398B 1082

Filed, Athletic trainers, 350.13 to 350.21,
350.26, 350.31, ch 351 ARC 0399B 1083

Notice, Iowa fatality review committee,
92.2, 92.6 ARC 0383B 1057

Summarized list 1030

Filed, Interest rate for 2001, 10.2(20)
ARC 0396B 1083

Filed, Casual sales exemption, 18.28
ARC 0397B 1084

Filed, Licensure standards for substance abuse
treatment programs, amendments to ch 3
ARC 0382B 1084

Notice and Notice Terminated, Waiver of
rules, 10.1(2), ch 11, 112.1(2), 115.1(2),
524.2(2), 529.3 ARC 0379B 1058

Notice 1061

CITATION of Administrative Rules

The Iowa Administrative Code shall be cited as (agency identification number) IAC
(chapter, rule, subrule, lettered paragraph, or numbered subparagraph).

441 IAC 79 (Chapter)

441 IAC 79.1(249A) (Rule)

441 IAC 79.1(1) (Subrule)

441 IAC 79.1(1)“a” (Paragraph)

441 IAC 79.1(1)“a”(1) (Subparagraph)

The Iowa Administrative Bulletin shall be cited as IAB (volume), (number), (publication
date), (page number), (ARC number).

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

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

__________________________________

The Iowa Administrative Bulletin is published biweekly in pamphlet form pursuant to Iowa Code chapters 2B and 17A and contains Notices of Intended Action on rules, Filed and Filed Emergency rules by state agencies.

It also contains Proclamations and Executive Orders of the Governor which are general and permanent in nature; Economic Impact Statements to proposed rules and filed emergency rules; Objections filed by Administrative Rules Review Committee, Governor or the Attorney General; and Delay by the Committee of the effective date of filed rules; Regulatory Flexibility Analyses and Agenda for monthly Administrative Rules Review Committee meetings. Other “materials deemed fitting and proper by the Administrative Rules Review Committee” include summaries of Public Hearings, Attorney General Opinions and Supreme Court Decisions.

The Bulletin may also contain Public Funds Interest Rates [12C.6]; Workers’ Compensation Rate Filings [515A.6(7)]; Usury [535.2(3)“a”]; Agricultural Credit Corporation Maximum Loan Rates [535.12]; and Regional Banking—Notice of Application and Hearing [524.1905(2)].

PLEASE NOTE: Italics indicate new material added to existing rules; strike through letters indicate deleted material.

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

TO: Administrative Rules Coordinators and Text Processors of State Agencies

FROM: Kathleen K. Bates, Iowa Administrative Code Editor

SUBJECT: Publication of Rules in Iowa Administrative Bulletin

The Administrative Code Division uses Interleaf 6 to publish the Iowa Administrative Bulletin and can import documents directly from most other word processing systems, including Microsoft Word, Word for Windows (Word 7 or earlier), and WordPerfect.

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To All Agencies:

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

Due to reorganization of state government by 1986 Iowa Acts, chapter 1245, it was necessary to revise the agency identification numbering system, i.e., the bracketed number following the agency name.

“Umbrella” agencies and elected officials are set out below at the left–hand margin in CAPITAL letters.

Divisions (boards, commissions, etc.) are indented and set out in lowercase type under their statutory “umbrellas.”

Other autonomous agencies which were not included in the original reorganization legislation as “umbrella” agencies are included alphabetically in small capitals at the left–hand margin, e.g., BEEF INDUSTRY COUNCIL, IOWA[101].

The following list will be updated as changes occur:

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Agricultural Development Authority[25]

Soil Conservation Division[27]

ATTORNEY GENERAL[61]

AUDITOR OF STATE[81]

CITIZENS’ AIDE[141]

CIVIL RIGHTS COMMISSION[161]

COMMERCE DEPARTMENT[181]

Alcoholic Beverages Division[185]

Banking Division[187]

Credit Union Division[189]

Insurance Division[191]

Professional Licensing and Regulation Division[193]

Accountancy Examining Board[193A]

Architectural Examining Board[193B]

Engineering and Land Surveying Examining Board[193C]

Landscape Architectural Examining Board[193D]

Real Estate Commission[193E]

Real Estate Appraiser Examining Board[193F]

Savings and Loan Division[197]

Utilities Division[199]

CORRECTIONS DEPARTMENT[201]

Parole Board[205]

CULTURAL AFFAIRS DEPARTMENT[221]

Arts Division[222]

Historical Division[223]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

City Development Board[263]

Iowa Finance Authority[265]

EDUCATION DEPARTMENT[281]

Educational Examiners Board[282]

College Student Aid Commission[283]

Higher Education Loan Authority[284]

Iowa Advance Funding Authority[285]

Libraries and Information Services Division[286]

Public Broadcasting Division[288]

School Budget Review Committee[289]

ELDER AFFAIRS DEPARTMENT[321]

EXECUTIVE COUNCIL[361]

GENERAL SERVICES DEPARTMENT[401]

HUMAN RIGHTS DEPARTMENT[421]

Community Action Agencies Division[427]

Criminal and Juvenile Justice Planning Division[428]

Deaf Services Division[429]

Persons With Disabilities Division[431]

Latino Affairs Division[433]

Status of African–Americans, Division on the[434]

Status of Women Division[435]

HUMAN SERVICES DEPARTMENT[441]

INSPECTIONS AND APPEALS DEPARTMENT[481]

Employment Appeal Board[486]

Foster Care Review Board[489]

Racing and Gaming Commission[491]

State Public Defender[493]

LAW ENFORCEMENT ACADEMY[501]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

NATURAL RESOURCES DEPARTMENT[561]

Energy and Geological Resources Division[565]

Environmental Protection Commission[567]

Natural Resource Commission[571]

Preserves, State Advisory Board[575]

PERSONNEL DEPARTMENT[581]

PUBLIC DEFENSE DEPARTMENT[601]

Emergency Management Division[605]

Military Division[611]

PUBLIC EMPLOYMENT RELATIONS BOARD[621]

PUBLIC HEALTH DEPARTMENT[641]

Substance Abuse Commission[643]

Professional Licensure Division[645]

Dental Examiners Board[650]

Medical Examiners Board[653]

Nursing Board[655]

Pharmacy Examiners Board[657]

PUBLIC SAFETY DEPARTMENT[661]

REGENTS BOARD[681]

Archaeologist[685]

REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]

SECRETARY OF STATE[721]

TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]

TREASURER OF STATE[781]

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Labor Services Division[875]

Workers’ Compensation Division[876]

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

Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa Department of Economic Development hereby gives Notice of Intended Action to rescind Chapter 41, “Rural/Community Planning and Development Fund,” and adopt new Chapter 41, “Community Development Fund,” Iowa Administrative Code.

The proposed amendment rescinds Chapter 41 and adopts a new Chapter 41. The Community Development Fund targets state resources to high priority issues in community and economic development including telecommunications, diversity, growth management, housing, business development and multicommunity service delivery. The fund will provide grant funds for pilot projects and technical assistance.

Public comments concerning the proposed new chapter will be accepted until 4:30 p.m. on January 30, 2001. Interested persons may submit written or oral comments by contacting Roselyn McKie Wazny, Division of Community and Rural Development, Department of Economic Development, 200 East Grand Avenue, Des Moines, Iowa 50309; telephone (515)242–4822.

A public hearing to receive comments about the proposed new chapter will be held on January 30, 2001, at 1:30 p.m. at the above address in the Northwest Conference Room on the second floor of the offices of the Iowa Department of Economic Development. Individuals interested in providing comments at the hearing should contact Roselyn McKie Wazny by 4 p.m. on January 29, 2001, to be placed on the hearing agenda.

These rules are intended to implement 2000 Iowa Acts, chapter 1230, section 1(3)“c.”

The following new chapter is proposed.

Rescind 261—Chapter 41 and adopt the following new chapter in lieu thereof:

CHAPTER 41
COMMUNITY DEVELOPMENT FUND

261—41.1(78GA,ch1230) Purpose. The purpose of this program is to assist communities in addressing community and economic development challenges and opportunities. Technical and financial assistance will be provided to communities to access planning, training, education, consultation and technical assistance to further local collaborative initiatives or to select and prioritize strategies for the improvement of operations and structures to meet business and residential demands.

41.2(1) Eligible applicants include cities, counties, and councils of government which may apply on behalf of the following entities: economic development groups; multicommunity or county projects; or coalitions of public/private entities including but not limited to local governments, educational institutions, not–for–profit corporations, hospitals, state agencies, or development organizations. Applicants must be able to demonstrate a minimum match which equals at least 25 percent of the grant amount requested in the form of cash, and an additional in–kind services match of 25 percent.

41.2(2) Eligible projects. Projects eligible for funding include the following:

a. Telecommunications: needs assessments, education and training to build market demand, strategy development for access and use of advanced telecommunications;

b. Growth management: strategies to promote orderly development; strategies to reduce conflict arising from growth and changing land use patterns;

c. Housing: area, regional or multicommunity needs assessments; a strategy to address specific housing needs, particularly upper–story commercial areas and in–fill lot development;

d. Business development: strategies to enhance targetindustry clusters; entrepreneurship; international trade;e–commerce, education and training through local development groups and chambers of commerce; and capital development;

e. Community services: development of multicommunity or regional delivery of government services and community development services that directly enhance business development;

f. Pilot projects: projects that can be replicated in the areas of diversity of population that include immigration to sustain and revitalize local communities and economies; leadership and volunteerism for community and economic development; regional delivery of community services; technology transfer to local business; and improved local business development, strategies and techniques; and

g. Commercial development consultative services.

41.3(1) The maximum award for a single project is $50,000. Awards may be in the form of either cash or technical assistance. Cash or technical assistance awards will vary depending upon the complexity of the issue, geographic area of service, level of population in the service area, number of issues involved, and diversity of the collaborative partners.

41.3(2) Applications shall include letters of support from each entity indicating roles, responsibilities, and support in the form of either cash or in–kind services.

41.3(3) One community, county, or council of governments shall be designated as the recipient of funds. An official of that legal entity shall sign the application accepting responsibility for the funds.

261—41.4(78GA,ch1230) Application procedures. Pre–applications shall be submitted to the Community Development Fund Project Manager, Community Development Fund, Iowa Department of Economic Development, 200 East Grand Avenue, Des Moines, Iowa 50309. The community development program manager will review preapplications, and written comments will be returned to the applicant with appropriate application forms and instructions available at this address.

261—41.5(78GA,ch1230) Application contents. Applications shall be submitted on forms developed by and available from IDED. Required contents of the application include:

1. A summary sheet including title and project overview; name, address, and telephone number of one person who will serve as the contact for the application; the geographic area to be served; and total program budget including applicant match.

2. A description of needs or problems, objectives, activities, project timetable, and the final product/manual/outcome.

3. A budget for the project including cash and in–kind match.

4. Other documentation as requested by IDED.

261—41.6(78GA,ch1230) Review process. A committee within the department will review each eligible application. Applications that score fewer than 450 points under subrule 41.6(1) will not be recommended for funding. Applicants may be interviewed further to explore the potential for providing technical assistance, gain additional information concerning the proposal, and negotiate the project’s work plan and budget.

41.6(1) Ranking and scoring. The committee will rank the applications based on the following criteria:

a. Demonstrated need for the project. (Economic or community enhancement impact to the area; how the project will improve the development potential of the project area, improve access to services, or create an environment for community improvement.) 150 points possible.

b. Capacity of the applicant to sustain, implement, or reach stated objectives once grant period is concluded. 75 points possible.

c. Demonstrated networking, cooperation and partnerships with other entities, organizations, and local governments necessary to meet stated goals and objectives, including past successful cooperative efforts that have been sustained over time. Multicommunity groups are strongly encouraged. 100 points possible.

d. Local financial and volunteer contribution to the project that exceeds minimum match requirements. (Cash, office materials, supplies, volunteer support, office space, equipment, administrative assistance.) 100 points possible.

e. Creativity and innovation of the proposed project to address issues presented. (Project demonstrates a new and creative approach to address a common issue/concern.) 150 points possible.

f. Evidence of participation in local planning that supports the request for funds. (Community builder plan, housing needs assessment, comprehensive land use planning, or a similar planning activity that has led the applicant to the proposed activity which the application addresses.) 75 points possible.

g. Demonstrated need for the funds requested. 100 points possible.

h. Evidence of local planning. 75 points possible.

41.6(2) Ineligible expenses. Expenses ineligible for reimbursement include, but are not limited to:

a. Purchase of land, buildings or improvements thereon.

b. Expenses for development of sites and facilities.

c. Cost of nonexpendable equipment (i.e., computers and fax and copy machines).

d. Cost of studies or plans that are routinely developed as part of a city or county function or operation, such as development of a comprehensive plan, community builder plans, master plans or engineering studies for water, sewer, roads, or parks.

261—41.7(78GA,ch1230) Award process. Recommendations by the committee for funding will be forwarded to the director of the department for final decisions. Applicants will be notified in writing after the final decisions on grants are made. Successful applicants will enter into a contract with IDED that outlines recipient responsibilities for oversight of the project, terms of funds disbursement and reporting requirements.

41.8(1) Record keeping. The recipient of funds shall retain financial records, supporting documents, statistical rec–ords and all other records pertinent to the project for a period of three years after the contract expiration date.

41.8(2) Representatives of the department and state auditors shall have access to all books, accounts and documents belonging to or in use by the grantee pertaining to the receipt of assistance under this program.

41.8(3) All contracts under this program are subject to audit.

41.9(1) Applicants will be required to submit performance reports to the department. The report will assess progress on the goals and project activities. Some projects may require the completion of a final product (such as a manual), study or report to be submitted to the department before final payment is made. Performance reports may be quarterly or semiannual and, for some projects, may be required for a period of time after contract period expires.

41.9(2) The department may perform field visits as deemed necessary.

These rules are intended to implement 2000 Iowa Acts, chapter 1230, section 1(3)“c.”

Pursuant to the authority of Iowa Code section 272.2 and Iowa Code chapter 17A, the Board of Educational Examiners hereby gives Notice of Intended Action to amend Chapter 11, “Complaints, Investigations, Contested Case Hearings,” Iowa Administrative Code.

The proposed amendments clarify jurisdictional requirements for complaints filed with the board, the authority of the executive director to initiate a complaint, the form and content of a complaint, the process to amend or withdraw a complaint, the voluntary surrender of a license, the timely resolution of complaints, confidentiality of complaint files and investigative reports, investigation of complaints or license reports from other jurisdictions, the release of investigative reports, the methods of discipline, and license reinstatement.

There will be a public hearing on the proposed amendments at 1 p.m. on January 30, 2001, in Room 3 North, Grimes State Office Building, East 14th and Grand Avenue, Des Moines, Iowa. Persons may present their views at the public hearing orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments. Persons who wish to make oral presentation at the public hearing may contact the Executive Director, Board of Educational Examiners, Grimes State Office Building, East 14th and Grand Avenue, Des Moines, Iowa 50319–0147, or at (515)281–5849, prior to the date of the public hearing. Fax communication may be sent to (515)281–7669.

Any interested person may make written comments or suggestions on the proposed amendments through 4:30 p.m. on January 31, 2001. Written comments and suggestions should be addressed to Dr. Anne E. Kruse, Executive Director, Board of Educational Examiners, at the above address.

These amendments are intended to implement Iowa Code chapter 272.

The following amendments are proposed.

ITEM 1. Amend rule 282—11.3(17A,272) as follows:

11.3(1) The case must relate to alleged violation of the criteria of professional practices or the criteria of competent performance.

11.3(2) The magnitude of the alleged violation must be adequate to warrant a hearing by the board.

11.3(3) There must be sufficient evidence to support the complaint.

11.3( 4 7) As an additional factor, it should appear that a reasonable effort has been made to resolve the problem on the local level. However, the absence of such an effort shall not preclude investigation by the board.

ITEM 2. Amend rule 282—11.4(17A,272) as follows:

11.4(1) Who may initiate.

a. Licensed practitioners employed by a school district or their educational entity or their recognized local or state professional organization.

b. Local boards of education.

c. Parents or guardians of students involved in the alleged complaint.

4. Has submitted false information on a license or authorization application filed with the board; and

11.4(2) Form and content of the complaint.

a. The complaint shall be in writing and signed by at least one complainant who has personal knowledge of an alleged violation of the board’s rules or related state law or an authorized representative if the complainant is an organization. (An official form may be used. This form may be obtained from the board upon request.)

b. The complaint shall show venue as “BEFORE THE BOARD OF EDUCATIONAL EXAMINERS” and shall be captioned “COMPLAINT.”

c. The complaint shall contain the following information:

(1) The full name, address and telephone number of the complainant.

(2) The full name, address and telephone number, if known, of the respondent.

(3) A concise statement of the facts which clearly and accurately specifically apprises the respondent of the details of the alleged violation of the criteria of professional practices or the criteria of competent performance and shall state the relief sought by the complainant.

(5) A citation to the specific rule or law which the complainant alleges has been violated.

11.4(3) Required copies—place and time of filing.

a. In addition to the original, a sufficient number of copies of the complaint must be filed to enable service of one copy to each of the respondents and retention of 12 copies for use by the board.

b. The complaint must be delivered personally or by mail to the office of the board. The current office address is the Grimes State Office Building, Third Floor, Des Moines, Iowa 50319–0147.

c. Timely filing is required in order to ensure the availability of witnesses and to avoid initiation of an investigation under conditions which may have been significantly altered during the period of delay. The conduct upon which it is based must have occurred or been discovered by the complainant within three years of filing of the complaint unless good cause is shown for an extension of this limitation.

11.4(4) No change.

11.4(5) Amendment or withdrawal of complaint. A complaint or any specification thereof may be amended or withdrawn by the complainant at any time prior to notification of the respondent, and thereafter at sole discretion of the board. The parties to a complaint may mutually agree to the resolution of the complaint at any time in the proceeding prior to issuance of a final order by the board. The resolution must be committed to a written agreement and filed with the board. The agreement is not subject to approval by the board, but shall be acknowledged by the board and may be incorporated into an order of the board.

11.4(6) Voluntary surrender of license—agreement to accept lesser sanction. When a formal complaint has been filed under Iowa Code chapter 272 and rule 11.4(17A,272), the respondent A practitioner may voluntarily surrender the practitioner’s license or agree to accept a lesser sanction from the board prior to or after the filing of a complaint with the board without by admitting the truth of the allegations of the complaint if a complaint is on file with the board. and completing a waiver of hearing form provided by the board. The surrender shall result in the permanent revocation of the respondent’s license. In order to voluntarily surrender a license or submit to a sanction, the practitioner must waive the right to hearing before the board and notify the board of the intent to surrender or accept sanction. The board may issue an order permanently revoking the practitioner’s license if it is surrendered, or implementing the agreed upon sanction. The board may decline to issue an agreed upon sanction if, in the board’s judgment, the agreed upon sanction is not appropriate for the circumstances of the case.

11.4(7) No change.

ITEM 3. Amend rule 282—11.5(272) as follows:

282—11.5(272) Investigation of complaints or license reports. The chairperson of the board or the chairperson’s designee may assign an investigation of a complaint to a member of the board or may request an investigator to investigate the complaint or report received by the board from another state, territory or other jurisdiction concerning license or certificate revocation or suspension pursuant to subrule 11.4(7); providing that the jurisdictional requirements have been met on the face of the complaint. The investigation shall be limited to the allegations contained on the face of the complaint. The investigating board member or investigator may consult an assistant attorney general concerning the investigation or evidence produced from the investigation. Upon completion of the investigation, the investigating board member or investigator shall prepare a report of the investigation for consideration by the board in determining whether probable cause exists. A board member who has personally investigated a complaint is disqualified from participating in any contested case proceeding resulting from the investigation.

ITEM 4. Amend rule 282—11.6(272) as follows:

282—11.6(272) Ruling on the initial inquiry. Upon review of the investigator’s report, the board may take any of the following actions:

11.6(1) Reject the case. If a determination is made by the board to reject the case, the complaint shall be returned to the complainant along with a statement specifying the reasons for rejection. A letter of explanation concerning the decision of the board shall be sent to the respondent.

11.6(2) Require further inquiry. If determination is made by the board to order further inquiry, the complaint and recommendations by the investigator(s) shall be returned to the investigator(s) along with a statement specifying the information deemed necessary.

11.6(3) Accept the case. If a determination is made by the board that probable cause exists to conclude that the criteria of professional practices or the criteria of competent performance have been violated, notice shall be issued pursuant to rule 11.7(17A,272), and a formal hearing shall be conducted in accordance with rules 11.7(17A,272) to 11.21(17A,272), unless a voluntary informal waiver of hearing has been filed by the respondent pursuant to the provisions of subrule 11.4(6).

ITEM 5. Amend rule 282—11.7(17A,272) as follows:

11.7(1) Delivery. Delivery of the notice of hearing constitutes the commencement of the contested case proceeding. Delivery may be executed by:

a. Personal service as provided in the Iowa Rules of Civil Procedure; or

b. Certified mail, return receipt requested; or

c. First–class mail; or

d. Publication, as provided in the Iowa Rules of Civil Procedure.

11.7(2) Contents. The notice of hearing shall contain the following information:

a. A statement of the time, date, place, and nature of the hearing;

b. A statement of the legal authority and jurisdiction under which the hearing is to be held;

c. A reference to the particular sections of the statutes or rules involved;

d. A short and plain statement of the matter asserted;

e. Identification of all parties including the name, address, and telephone numbers of the parties’ counsel representing each of the parties where known;

f. Reference to the procedural rules governing conduct of the contested case proceeding;

h g. Identification of the presiding officer, if known. If not known, a description of who will serve as presiding officer; and

i h. Notification of the time period in which a party may request, pursuant to 1998 Iowa Acts, chapter 1202, section 15(1), Code section 17A.11 and rule 11.8(17A,272), that the presiding officer be an administrative law judge.

ITEM 6. Amend subrule 11.21(3) as follows:

11.21(3) Parties have the right to participate or to be represented in all hearings or prehearing conferences related to their case. Any party may be represented by an attorney or another person authorized by law. When a complaint is initiated by the executive director of the board under paragraph 11.4(1)“d” of these rules, evidence supporting the complaint may be introduced at the hearing by an assistant attorney general.

ITEM 7. Amend subrule 11.22(3) as follows:

11.22(3) Evidence in the proceedings shall be confined to the issues concerning allegations raised on the face of the complaint as to which the parties received notice prior to the hearing unless the parties waive their right to such notice or the presiding officer determines that good cause justifies expansion of the issues. If the presiding officer decides to admit evidence on issues outside the scope of the notice over the objection of a party who did not have actual notice of the issues, that party, upon timely request, shall receive a continuance sufficient to amend pleadings and to prepare on the additional issue.

ITEM 8. Amend 282—Chapter 11 by adopting the following new rules:

282—11.33(272) Methods of discipline. The board has the authority to impose the following disciplinary sanctions:

1. Revoke a practitioner’s license, certificate or authorization.

2. Suspend a practitioner’s license, certificate or authorization until further order of the board or for a specific period.

3. Prohibit permanently, until further order of the board, or for a specific period, a practitioner from engaging in specified practices, methods, or acts.

4. Require additional education or training.

5. Order a physical or mental evaluation, or order alcohol and drug screening within a time specified by the board.

6. Issue a public letter of reprimand.

7. Order any other resolution appropriate to the circumstances of the case.

282—11.34(272) Reinstatement. Any person whose license, certificate or authorization to practice has been suspended may apply to the board for reinstatement in accordance with the terms and conditions of the order of the suspension.

11.34(1) All proceedings for reinstatement shall be initiated by the respondent, who shall file with the board an application for reinstatement. Such application shall be docketed in the original case in which the license, certificate or authorization was suspended. All proceedings upon the application for reinstatement shall be subject to the same rules of procedure as other cases before the board.

11.34(2) An application for reinstatement shall allege facts which, if established, will be sufficient to enable the board to determine that the basis for the suspension of the respondent’s license, certificate or authorization no longer exists and that it will be in the public interest for the license, certificate or authorization to be reinstated. The burden of proof to establish such facts shall be on the respondent.

11.34(3) An order denying or granting reinstatement shall be based upon a decision which incorporates findings of facts and conclusions of law.

Pursuant to the authority of Iowa Code sections 17A.3 and 29C.8, the Emergency Management Division hereby gives Notice of Intended Action to adopt new Chapter 11, “Repair, Calibration, and Maintenance of Radiological Monitoring, Detection, and Survey Equipment,” Iowa Administrative Code.

These rules establish the means and method by which the Emergency Management Division will perform repair, calibration, and maintenance of radiological monitoring, detection, and survey equipment. These rules also establish the fees the Division will charge for such services.

Any interested person may make written suggestions or comments on these proposed rules prior to February 7, 2001. Such written materials should be sent to Administrator, Iowa Emergency Management Division, Hoover State Office Building, Des Moines, Iowa 50319, or faxed to (515) 281–7539.

There will be a public hearing on these proposed rules on February 7, 2001, at 10 a.m., in the Emergency Management Division Conference Room, Hoover State Office Building, Des Moines, Iowa, at which time persons may present their views orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of these rules.

These rules are intended to implement Iowa Code section 23A.2, subsection 10, and Iowa Code section 29C.8.

The following new chapter is proposed.

CHAPTER 11
REPAIR, CALIBRATION, AND MAINTENANCE OF RADIOLOGICAL MONITORING, DETECTION, AND SURVEY EQUIPMENT

The emergency management division operates a licensed radiological maintenance facility for the purpose of calibrating, repairing and performing the routine maintenance of radiological detection equipment. Iowa Code sections 23A.2 and 29C.8 provide that the division may enter into contracts and charge fees for performance of these services.

605—11.1(29C) Purpose. The emergency management division shall establish fees to be charged for the performance of the calibration, repair and maintenance of radiological detection equipment.

605—11.2(29C) Definitions. For the purposes of interpreting these rules, the following definitions are applicable.

“Calibration” means the determination of the response or reading of an instrument relative to a series of known radiation values over the range of the instrument; or the strength of a source of radiation relative to a standard.

“License” means a license issued by the Iowa department of public health in accordance with rules established by that agency.

“Monitoring” means the measurement of radiation, radioactive material concentrations, surface area activities or quantities of radioactive material and the use of the results of these measurements to evaluate potential exposures and doses.

“Radiological detection equipment” means equipment used for the monitoring, detection, and surveying of radioactive materials and may include, but is not limited to, surveying instruments, dosimeters and calibrators.

“Surveying” means an evaluation of the radiological conditions and potential hazards incident to the production, use, transfer, release, disposal, or presence of sources of radiation. When appropriate, such evaluation includes, but is not limited to, tests, physical examination, and measurements of levels of radiation or concentrations of radioactive material present.

605—11.3(29C) Standards of service. Calibration, repair and maintenance services will be performed in accordance with established rules and standards as published by the Iowa department of public health in 641—Chapters 38 through 45.

605—11.4(29C) Contracts for services. The division may enter into contracts with public and private entities, for the purposes of providing radiological detection equipment, calibration, repair, and maintenance services. Such contracts will specify, at a minimum:

1. The duration of the contract.

2. The services to be performed.

3. Fees or the manner by which fees will be established.

4. The permissible methods for partial or complete termination of the contract.

5. Any other necessary and proper matters.

605—11.5(29C) Application of fees. In instances where the division has not previously entered into a contract with a public or private entity, the division will assess a fee for the performance of calibration, repair, and maintenance services it provides for radiological detection equipment and instruments not owned by the division or owned by the division but used for other than the division’s specified purpose.

The division will not assess a fee for the performance of calibration, repair, and maintenance services for radiological detection equipment and instruments:

1. Used in the administration and operation of the division’s radiological emergency preparedness program.

2. Used by hazardous materials response teams, recognized by the division.

3. Otherwise owned by the division and used for its express purposes.

605—11.6(29C) Fees. Unless otherwise specified by contract, the division will charge the following fees for the performance of its services:

Calibration Fees:

One radiation instrument and
one radiation detector $50

Each additional radiation detector $15

Each dosimeter $10

Repair Fees:

Hourly rate $40

Parts Cost plus 15 percent

The division will also assess a fee to recover actual shipping expenses.

Estimates will be given for instruments that are in need of repair. The customer will have the option of having the instrument repaired at the established rates or may have the instrument returned, at which time shipping expenses will be charged.

The division may offer to replace equipment with like equipment that is fully functional and that has been properly calibrated, in lieu of making calibrations or the necessary repairs. If the customer accepts this offer, the fee charged is the fee that would normally be charged for the calibration or repair of the instrument or dosimeter.

605—11.7(29C) Returned check and late fees. Applicable fees are due to the division within 30 days from the date of invoice. Persons who fail to pay required fees to the division are subject to the following penalties:

1. Fifteen dollars for each payment received by the division in accordance with these rules, for which insufficient funds are available to fulfill the obligation of such payment to the division.

2. Fifteen dollars for each month for which a payment is overdue, or for each additional month for which insufficient funds are available to fulfill the obligation of such payment to the division.

605—11.8(29C) Records and reports. The divisionwill maintain records and file reports regarding the calibration, maintenance, and repair of radiological detection equipment, in accordance with the requirements set forth in 641— Chapter 40.

These rules are intended to implement Iowa Code section 23A.2, subsection 10, and Iowa Code section 29C.8.

Pursuant to the authority of Iowa Code sections 217.6 and 249A.4 and 2000 Iowa Acts, chapter 1228, section 13, subsection 1, and section 44, the Department of Human Services proposes to amend Chapter 51, “Eligibility,” Chapter 52, “Payment,” and Chapter 75, “Conditions of Eligibility,” appearing in the Iowa Administrative Code.

These amendments implement the annual adjustment in the maximum amount of resources to be attributed to the community spouse and the amount used for determining the community spouse’s maintenance needs and the following changes to the State Supplementary Assistance Program:

• Pass along the January 1, 2001, Supplemental Security Income (SSI) cost–of–living adjustment increases.

The Department received confirmation from the Department of Health and Human Services (DHHS) that the social security cost–of–living increase which will become effective January 1, 2001, is established at 3.5 percent. The Department has decided to pass along this increase to recipients of State Supplementary Assistance. Therefore, the SSI increase of $18 for an individual results in an increase in the total allowance in a family life home from $594.20 to $612.20. Individuals in family life homes will receive the same personal needs allowance as residents in residential care facilities. The benefit rate for an essential person increased by $9 from $257 to $266 resulting in the same increase for a dependent person.

• Increase the personal needs allowance for residents of residential care facilities. The Seventy–eighth General Assembly in 2000 Iowa Acts, chapter 1228, section 13, subsection 1, required the Department to increase the personal needs allowance for residents of residential care facilities (RCFs) by the same percentage and at the same time as federal Supplemental Security Income and federal social security benefits are increased due to a recognized increase in the cost of living. At present, residents of RCFs receive a total personal needs allowance of $73, of which $66.80 is for personal expenses and $5.48 is for Medicaid copayment expenses. A 3.5 percent increase in the personal expenses part of the allowance increases that part of the allowance to $69.14. This amount added to the average copayment expense of $5.90 totals $75.04. Thus, the personal needs allowance is rounded to $75 effective January 1, 2001.

The maximum amount of resources to be attributed to a community spouse and the maintenance needs of a community spouse are indexed annually by the consumer price index. The Department has received confirmation from DHHS that the maximum amount of resources to be attributed to the community spouse has increased from $84,120 to $87,000 and the maintenance needs of the community spouse have increased from $2,103 to $2,175.

The amendments dealing with the cost–of–living increases do not provide for any waivers in specified situations because the amendments confer a benefit on those affected and were mandated by the General Assembly for all. There is no provision to provide a waiver of the attribution amounts as everyone should be subject to the same amounts set by these amendments. Individuals may request an exception of the attribution amounts under the Department’s general rule on exceptions at rule 441—1.8(17A,217).

The substance of these amendments is also Adopted and Filed Emergency and is published herein as ARC 0374B. The purpose of this Notice is to solicit comment on that submission, the subject matter of which is incorporated by reference.

Consideration will be given to all written data, views, and arguments thereto received by the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, Des Moines, Iowa 50319–0114, on or before January 31, 2001.

These amendments are intended to implement Iowa Code sections 249.3, 249.4, and 249A.4 and 2000 Iowa Acts, chapter 1228, section 13, subsection 1.

Pursuant to the authority of Iowa Code section 455A.4, the Director of the Department of Natural Resources gives Notice of Intended Action to amend Chapter 1, “Description of Organization,” Chapter 2, “Public Records and Fair Information Practices,” Chapter 3, “Submission of Information and Complaints—Investigations,” and Chapter 9, “Groundwater Hazard Documentation,” and to rescind Chapter 15, “Groundwater Protection Program Evaluation,” Iowa Administrative Code.

The purpose of Items 1 through 6 is to update the description of the agency, the administrative subdivisions of the agency and the programs implemented by each of them, the mission statement of the agency, and the office locations of the agency.

Items 7 through 14 update information related to the Department’s records.

Items 15 through 18 are revisions to state information more clearly and update rule references and current procedures.

Items 19 and 20 incorporate the legislative addition of private burial sites to the Groundwater Hazard Form. The proposed amendments also remove the requirement that the social security numbers of the transferor and transferee be included on the form. The removal of social security numbers from the form was made due to concerns about potential conflicts with the federal Privacy Act.

Item 21 rescinds Chapter 15 because it is duplicative to activities being carried out by new statutory authority and funding for groundwater programs.

Any person may make written suggestions or comments on the proposed amendments on or before February 7, 2001. Written comments should be directed to Christine Spackman, Iowa Department of Natural Resources, Field Office #5, 401 SW Seventh Street, Suite I, Des Moines, Iowa 50309; fax (515)725–0218. E–mail comments should be directed to christine.spackman@dnr.state.ia.us.

A public hearing will be held at 1 p.m. on February 7, 2001, in the Fifth Floor East Conference Room, Wallace State Office Building, 502 East Ninth Street, Des Moines, Iowa, at which time comments may be submitted orally or in writing.

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

These amendments may impact small businesses.

These amendments are intended to implement Iowa Code section 455A.4.

The following amendments are proposed.

ITEM 1. Amend 561—1.1(17A,455A) as follows:

561—1.1(17A,455A) Authority. The department of natural resources was created by an Act of the general assembly (Acts of the Seventy–First General Assembly, chapter 1245, 1986) through the consolidation of several departments and divisions to assist coordination among the natural resource and environmental agencies at all levels of government within Iowa. 1986 Iowa Acts, chapter 1245, effective July 1, 1986. The primary authority of the department relating to energy and geological resources is codified in Iowa Code chapters 458A, 460A and 473. The primary authority of the department relating to state parks, forests, fish, wildlife, and land and water recreation resources is codified in Iowa Code chapters 321G, 350 and 456A to 484A. The primary authority of the department relating to environmental protection and management is codified in Iowa Code chapters 455B, 455C, and 464B. 1986 Iowa Acts, chapter 1245, sections 1801 to 1809, establish the department, the natural resource commission, and environmental protection commission. The authority delegated to the department had previously been delegated to the state conservation commission, the energy policy council, the geological survey, and the water, air and waste management department.

ITEM 2. Rescind 561—1.2(17A,455A) and adopt the following new rule in lieu thereof:

561—1.2(17A,455A) Mission and programs. The department has the primary responsibility for state parks and forests, protecting the environment, and managing energy, fish, wildlife, and land and water resources in this state. The mission of the department is to conserve and enhance our natural resources in cooperation with individuals and organizations to improve the quality of life in Iowa.

1.2(1) Air pollution. The department is the agency of the state to prevent, abate, and control air pollution by developing comprehensive plans and programs, establishing air quality and emission standards, issuing permits for construction of air contaminant sources and control equipment, issuing operating permits, requiring monitoring of air contaminant sources to ensure compliance, enforcing standards and permit requirements, providing technical assistance and educational and training programs, and reviewing and evaluating local control programs.

1.2(2) Drinking water. The department is the agency of the state to conduct the public water supply program by adopting drinking water standards; issuing construction and operation permits for public water supplies; certifying the operators of certain public water supplies; enforcing the statutes, rules, and permits relating to public drinking water supplies; and administering the state revolving fund for drinking water. The department also provides minimum standards for private drinking water supplies which are regulated by local boards of health, administers grants to counties to assist in carrying out their responsibilities, and certifies well construction contractors.

1.2(3) Energy. The department is the agency of the state to establish and implement plans and policies that ensure wise development, use and management of all energy sources in the state by preparing for energy emergencies; allocating energy supplies; developing and delivering statewide energy management programs, including financial assistance programs; commercializing and promoting indigenous alternative energy sources, including wind, biomass and other renewable energy resources; and collecting, evaluating and disseminating energy information to citizens and public officials.

1.2(4) Fish and wildlife. The department is the agency of the state to manage fish and wildlife resources by licensing activities impacting fish and game; enforcement of fish and wildlife laws and rules; land acquisition and other habitat development; collection and dissemination of information; establishing public hunting, fishing, and trapping areas; propagating, purchasing, restoring, nurturing, stocking or otherwise managing fish and wildlife; advising and assisting private and local government management of fish and wildlife; and carrying on active programs for the protection, interpretation and public enjoyment of fish and wildlife species.

1.2(5) Flood plain development. The department is the agency of the state to promote the protection of life and property from flooding and to protect and conserve the water resources of the state through regulation of construction and excavation within floodways and flood plains by establishing administrative thresholds for the types of flood plain development which require a permit from the department; issuing appropriate permits; developing a flood plain mapping plan; and enforcing the statutes, rules, and permits relating to flood plain development.

1.2(6) Forests and prairies. The department is the agency of the state to manage and protect forests of the state by providing professional forestry advice to landowners; assisting landowners with woodland protection from insects, disease, fire, and livestock; managing state forests for educational, recreational, and economic benefits; providing nursery stock; and regulating timber buyers.

1.2(7) Geology. The department is the agency of the state to plan and implement programs that result in the acquisition of comprehensive geologic information on the mineral and water resources of the state with emphasis on water supply developments; to monitor the effects of environmental impacts on water quality, including surface and groundwater; to regulate oil, gas, or metallic mineral exploration and production; and to disseminate information through publications, consultation services, and electronically in the form of databases that comprise the department’s geographic information system.

1.2(8) Hazardous materials and conditions. The department is the agency of the state to prevent, abate, and control hazardous conditions resulting from releases of hazardous substances to the natural environment by issuing site licenses for certain hazardous waste facilities; maintaining a registry of hazardous waste or hazardous substance disposal sites; responding to hazardous conditions; regulating certain underground storage tanks; enforcing the statutes and rules relating to hazardous conditions and underground storage tanks; and informing and educating the public about hazardous materials.

1.2(9) Parks, recreation, and preserves. The department is the agency of the state to facilitate and promote public outdoor recreational opportunities by developing comprehensive plans; acquiring, establishing, planning, and managing specific parks, preserves, and water bodies for public use; advising and assisting local governments and private persons in establishing such facilities; licensing and permitting private use of sovereign land and waters; regulating water navigation safety and snowmobiling; informing the public of use opportunities; enforcing conservation laws; and protecting and managing threatened and endangered plant and animal species.

1.2(10) Solid waste. The department is the agency of the state to regulate the handling and disposal of solid waste by establishing standards for the handling and disposal of solid waste; issuing construction and operation permits for solid waste facilities; and enforcing the statutes, rules, and permits relating to solid waste handling. The department also establishes rules relating to beverage container redemption, which are enforced by local officials. The department is also the agency of the state to educate and promote sustainable practices of pollution prevention and responsible waste management.

1.2(11) Water pollution. The department is the agency of the state to prevent, abate, and control surface and groundwater pollution by developing comprehensive plans and programs; establishing standards for water quality and treatment of wastewater; issuing permits for the construction and operation of wastewater disposal systems and animal feeding operations; certifying public wastewater treatment plant operators; administering a loan program for construction of publicly owned wastewater disposal systems; regulating other potential sources of groundwater contamination; enforcing the statutes, rules, and permits relating to water pollution control; and informing and educating the public. The department also establishes minimum standards for private sewage disposal systems which are regulated by local boards of health, administers grants to counties to assist in carrying out their responsibilities, and certifies manure applicators.

1.2(12) Water use. The department is the agency of the state to ensure the orderly development, wise use, protection, conservation, and public understanding of the surface and groundwater resources of the state by issuing appropriate permits for the withdrawal, diversion or storage of water; by enforcing statutes, rules, and permits relating to the use of water; by allocating water during periods of shortage; and through public information activities.

ITEM 3. Rescind 561—1.3(17A,455A) and adopt the following new rule in lieu thereof:

1.3(1) General. The department’s organizational structure consists of the natural resource commission, the environmental protection commission, the state advisory board for preserves, the director, the deputy director, and seven administrative divisions, described in subrule 1.3(2).

The natural resource commission is responsible for establishing policy and adopting rules for natural resource conservation, management, and recreation programs of the department. This commission also acts as a hearing authority in contested cases, and approves or disapproves land and water acquisitions or dispositions. The substantive rules of the natural resource commission are found under agency number 571 of the Iowa Administrative Code.

The environmental protection commission is responsible for establishing policy and adopting rules for the control and protection of the state’s water and air resources, and for the management of wastes. This commission also acts as hearing authority in contested cases, and issues site licenses for certain hazardous waste facilities. The substantive rules of the environmental protection commission are found under agency number 567 of the Iowa Administrative Code.

The state advisory board for preserves approves land or water areas for dedication as preserves, makes rules, and performs advisory functions related to the establishment and maintenance of preserves. The substantive rules of the state advisory board for preserves are found under agency number 575 of the Iowa Administrative Code.

The energy and geological resource policies are established by the department, and the rules relating to this subject are found under agency number 565 of the Iowa Administrative Code.

The director has rule–making authority for the general operation of the department, and the rules relating to this subject are found under agency number 561 of the Iowa Administrative Code.

1.3(2) Administrative divisions of the department.

a. Director. The director, who is appointed by the governor and subject to confirmation by the senate, and who serves at the pleasure of the governor, is the chief administrative officer of the department. In that capacity the director administers the programs and services of the department in compliance with the Iowa Code and the rules adopted by the commissions or department. The duties of the director include: recommending to the commissions the adoption of rules for the effective administration of the department and implementation of the programs and services of the department; promulgating rules related to energy and geological services and the organization of the department; preparation of the annual budget request and federal grant applications; establishment of the administrative structure of the department; and other actions to administer and direct the programs of the department.

The administrators of the seven divisions, the deputy director, and the information and education bureau chief report to the director.

The information and education bureau provides information and education to the public on department programs and relevant natural resources issues. Activities include publishing the “Iowa Conservationist” and other publications; videos and exhibits; communications with news media; providing communications services to other divisions; and conducting conservation education programs.

b. Deputy director. The deputy director, appointed by the director, directs and administers the department in the director’s absence, and carries out other duties as assigned by the director.

c. Administrative services division. The administrative services division is responsible for budget and finance, administrative support, information technology, licensing, construction services, and land acquisition and management. The division consists of six bureaus:

(1) The budget and finance bureau prepares the agency budget and grant requests and the operating budget; reviews and monitors department budgets and contracts; and conducts special fiscal studies. It is also responsible for maintaining financial records; maintaining an inventory of department equipment and property; processing payrolls, personnel transactions, travel vouchers, and claims for payments of goods and services; processing cash receipts; and coordinating purchasing between field units and the department of general services.

(2) The administrative support bureau provides office support for the department, including records management; forms management; mail; provision of common supplies, central office telephone service and vehicle pool; word processing; data entry; telephone and reception services; technical library management; and information coordination.

(3) The information technology bureau develops and maintains computer–based information systems used by the department, maintains the information technology equipment used by the department, provides information technology user training and assistance for the department, provides system operation services for the department, maintains space for computer–based data files, and serves as the primary contact with the computer centers used by the department.

(4) The licensing bureau provides applications, permits, and licenses which permit the public to engage in environmental activities such as hunting and fishing. The bureau designs and orders forms; distributes forms and supplies to field personnel, county recorders, and license depositories; instructs license sellers on issuing and reporting requirements; supervises county recorders in the registration of boats, snowmobiles and all–terrain vehicles; issues licenses and permits directly through the mail; and certifies persons engaged in application and removal of waste materials.

(5) The construction services bureau provides the engineering and contracting services needed for the construction of department facilities. Activities of the bureau include surveying and designing; administering construction contracts; contracting for the services of consulting architectural and engineering firms; and providing technical assistance for the proper operation and maintenance of department facilities.

(6) The land acquisition and management bureau acquires land and coordinates land management practices. Activities of the bureau include negotiating for purchase or donation; providing relocation assistance; preparing or contracting for land appraisals; contracting and recording land surveys; coordinating the leasing of department land; establishing and marking land boundaries; resolving boundary disputes and private encroachment upon state lands; maintaining land records; issuing sand and gravel permits; and coordinating the soil erosion control program above state lakes with the division of soil conservation within the department of agriculture and land stewardship.

d. Parks, recreation, and preserves division. The parks, recreation, and preserves division is responsible for programs relating to water access development, state parks and recreation areas, and preserves. The division consists of the field operations bureau and the program administration bureau.

(1) The field operations bureau manages state parks and recreation areas. Activities include operating and maintaining area facilities; protecting and managing the flora and fauna; monitoring concession operators; providing information to the public concerning use opportunities; and enforcing conservation laws. The bureau includes four district management offices, identified in rule 1.4(17A,455A).

(2) The program administration bureau conducts park master planning, ecosystem management planning, park and resource interpretive programs; administers park concession contracts; maintains the Iowa natural areas inventory database; provides environmental reviews of proposed construction projects; administers a variety of state grant programs for outdoor recreation facilities; provides staff assistance to the state preserves advisory board; provides coordination with the state historic preservation officer on matters dealing with historical and archeological programs; coordinates with other state and local agencies on matters dealing with recreation and natural resource management; coordinates training and certification of park managers in water and waste management systems; carries on strategic planning within the division; and administers a variety of recreation and resource planning programs.

e. Forests and prairies division. The forests and prairies division is responsible for programs relating to state forests and prairies, and operation of the state forest nursery. The division consists of the state forests and management bureau and the forestry services bureau.

(1) The state forests and management bureau manages state forests on a multiple–use basis; provides professional forestry service to the other divisions of the department; provides nursery stock for forestation, erosion control, and wildlife cover; cooperates with the department of corrections in a rehabilitation program for prison inmates; and manufactures wood products for the department and for limited sale.

(2) The forestry services bureau provides professional forestry assistance to private landowners, political subdivisions, and private wood–using industries; provides surplus federal equipment to local fire departments for fire control; participates with federal agencies in various forestry–related programs; and maintains reports of fruit tree and forest reservations from county auditors.

f. Energy and geological resources division. The energy and geological resources division is responsible for programs related to energy, geologic and hydrogeologic investigations, and oil and gas exploration/production. The division consists of the energy bureau and the geological survey bureau.

(1) The energy bureau develops energy policy for the state that includes energy efficiency and renewable energy to meet the state’s environmental and economic objectives. The energy bureau manages the energy programs of the state. The bureau gathers data and establishes a data bank; develops public education and communication programs on energy use and management; coordinates with other states on fuel allocation problems; reduces hardship due to energy supply shortages through allocation of state–owned or state–operated energy supplies in conjunction with the federal set–aside program; investigates and recommends to the department legislation on development and use of alternative sources of energy in Iowa and the reduction of dependence on nonrenewable resources; assesses information to enable the director to determine when the health, safety, or welfare of the people of the state is threatened by an actual or impending acute shortage of usable energy, notifies the governor what emergency measures are necessary, and utilizes the emergency powers that the governor delegates to the department; administers major federal energy management programs in Iowa; develops financial assistance programs for schools, hospitals, communities, industries and public care facilities; and develops a program to annually give public recognition within each congressional district to innovative methods of energy conservation.

(2) The geological survey bureau collects, interprets, and reports information on basic geologic features and products of the state, including information on the availability and quality of both surface and groundwater; conducts various research programs to advance geologic and hydrogeologic knowledge of the state’s mineral and water resources;and promotes and regulates oil, gas, and metallic mineralexploration/production in Iowa through issuance of permits and enforcement of statutes and rules related thereto. The bureau has lead responsibility for development, implementation and maintenance of the department’s geographic information system (GIS), including management of databases in the natural resources GIS library.

g. Environmental protection division. The environmental protection division is responsible for programs relating to water pollution control, water supply, flood control, and air pollution control. The division consists of the water quality bureau, the air quality bureau, and the compliance and enforcement bureau.

(1) The water quality bureau is responsible for water pollution control, water supply, and flood control programs. The bureau consists of three sections: wastewater, water resources, and water supply.

1. The wastewater section reviews applications and issues or denies permits for the construction and operation of wastewater disposal systems and discharge of wastewater (including animal feeding operations and stormwater), certifies or denies certification of property as pollution control property, and administers the state revolving fund for wastewater.

2. The water resources section is responsible for developing rules and standards for flood plain management, water pollution control (including nonpoint source management), conducting special studies and evaluating alternative control strategies in surface and groundwater quality and reviewing applications and issuing or denying permits for construction or excavation within a floodway or flood plain, coordinating and approving flood control works, providing flood plain information and technical assistance to local governments, and conducting the department’s dam safety program. This section also provides technical expertise to other branches and divisions of the department in matters relating to surface water hydrology and hydraulics, and certifies local programs for qualification under the national flood insurance program.

3. The water supply section reviews applications and issues or denies permits for withdrawal, diversion, storage, or use of water, and for the construction and operation of public drinking water supplies. This section is also responsible for coordination of the allocation of storage for water supply in multipurpose reservoirs constructed with state or federal funds, and performs monitoring and compliance activities related to public drinking water supplies.

(2) The air quality bureau is responsible for air pollution control programs. The bureau consists of four sections.

1. The air construction permits section reviews applications and issues or denies construction permits and tax certifications for air pollution sources and control equipment.

2. The air operating permits section reviews applications for operation of air pollution sources.

3. The air quality program development section develops rules and standards for air pollution control and conducts special studies and evaluates alternative control strategies.

4. The air quality inventory, compliance and monitoring section monitors and seeks to secure compliance with statutes, rules and permit conditions and administers the state’s ambient air monitoring program.

(3) The compliance and enforcement bureau conducts investigations of facilities or activities regulated by the division, on its own initiative or in response to citizen complaints, and monitors compliance with the statutes and rules administered by the division. The bureau consists of sixfield offices, a legal services group, and an emergency response group. The six field offices, identified in rule 1.4(17A,455A), provide on–site response to reports of hazardous conditions, natural disasters, and complaints; conduct inspections and make reports on water, air, and waste management facilities; and recommend enforcement actions when necessary and appropriate to fulfill the purpose and function of the division. The legal services group provides legal advice to the department staff and commissions, conducts negotiations, and prosecutes administrative enforcement proceedings to obtain compliance with department statutes and rules; prepares referrals to the attorney general; and drafts or reviews enforcement procedures, legislative proposals, and rules. The emergency response group coordinates department actions and provides technical assistance relating to hazardous conditions.

h. Fish and wildlife division. The fish and wildlife division is responsible for programs relating to wildlife, law enforcement, fisheries, and land acquisition and management. The division consists of the law enforcement bureau, the fisheries bureau, and the wildlife bureau.

(1) The law enforcement bureau enforces conservation laws, primarily those relating to fish and wildlife, boating, and snowmobiling. Other activities include assisting in wildlife and fisheries surveys; providing conservation information to the public; providing hunter safety, boating, and snowmobile safety training; and supervising Iowa’s private shooting preserves. This bureau includes six district management offices, identified in rule 1.4(17A,455A).

(2) The fisheries bureau manages the fishery resource. Activities include providing technical advice and assistance on fish management and disease problems in private waters; managing fish populations in public waters; collecting creel statistics; fish hatching and stocking; conducting research studies for the purpose of setting fishing seasons and for scientific knowledge; providing fishing information to the general public; and developing fishing areas and accesses.

(3) The wildlife bureau manages the wildlife resource. Activities include managing wildlife on public lands; advising private landowners on wildlife habitat improvement; conducting research studies for the purposes of setting hunting and trapping seasons and for scientific knowledge; providing wildlife information to the public; and developing and maintaining public wildlife and fishing areas.

i. Land quality and waste management assistance division. The land quality and waste management assistance division is responsible for programs relating to land quality, underground storage tanks, solid waste, hazardous wastes, comprehensive waste management planning, waste management assistance, and siting of some hazardous waste and low–level radioactive waste facilities. The division consists of the land quality bureau and the waste management assistance bureau.

(1) The land quality bureau is responsible for the underground storage tank program and the contaminated sites programs.

(2) The waste management assistance bureau is responsible for the regulatory solid waste program, comprehensive waste management planning, waste management assistance and siting of certain waste management facilities.

ITEM 4. Rescind 561—1.4(17A,455A) and adopt the following new rule in lieu thereof:

1.4(1) The central office is located on the fourth and fifth floors of the Henry A. Wallace Building, 502 East Ninth Street, Des Moines, Iowa 50319–0034. The general telephone number is (515)28l–5145.

1.4(2) The environmental protection division is located in the central office with the following exceptions. The air quality bureau is located at 7900 Hickman Road, Suite 1, Urbandale, Iowa 50322. The water supply section is located at 401 SW Seventh Street, Suite M, Des Moines, Iowa 50309. See the following maps for field office locations.

ENVIRONMENTAL PROTECTION DIVISION FIELD OFFICES

1.4(3) The state geologist’s office is located at 109 Trowbridge Hall, Iowa City, Iowa 52242–1319, and the telephone number is (319)335–1575.

1.4(4) Parks and recreation bureau district offices.

PARKS AND RECREATION BUREAU DISTRICT OFFICES

Northwest District Field Office

Black Hawk State Park

P.O. Box 619

Lake View, Iowa 51450

Ph.: (712)657–2639

Green Valley District Field Office (SW)

1480 130th Street

Creston, Iowa 50801

Ph.: (515)782–7814

Northeast District Field Office

913 W. Main

Manchester, Iowa 52076

Ph.: (319)927–8770

Southeast District Field Office

Lake Darling State Park

110 Lake Darling Road

Brighton, Iowa 52540

Ph.: (319)694–2430

1.4(5) Fish and wildlife division, law enforcement bureau district offices.

LAW ENFORCEMENT BUREAU DISTRICT OFFICES

1.4(6) Fish and wildlife division, fisheries bureau district offices.

FISHERIES BUREAU DISTRICT OFFICES

Northwest Field District Office

Spirit Lake Hatchery

122 252nd Avenue

Spirit Lake, Iowa 51360

Ph.: (712)336–1840

Southwest Field District Office

Cold Springs State Park

Lewis, Iowa 51544

Ph.: (712)709–2587

Northeast Field District Office

Manchester Fish Hatchery

22693 205th Avenue

Manchester, Iowa 52057

Ph.: (319)927–3276

Southeast Field District Office

Lake Darling State Park

110 Lake Darling Road

Brighton, Iowa 52540

Ph.: (319)694–2430

1.4(7) Fish and wildlife division, wildlife bureau district offices.

WILDLIFE BUREAU DISTRICT OFFICES

Northwest Field District Office

Spirit Lake Hatchery

122 252nd Avenue

Spirit Lake, Iowa 51360

Ph.: (712)336–1840

Southwest Field District Office

Cold Springs State Park

Lewis, Iowa 51544

Ph.: (712)709–2587

Northeast Field District Office

Manchester Fish Hatchery

22693 205th Avenue

Manchester, Iowa 52057

Ph.: (319)927–3276

Southeast Field District Office

Lake Darling State Park

110 Lake Darling Road

Brighton, Iowa 52540

Ph.: (319)694–2430

ITEM 5. Amend subrule 1.5(2) as follows:

1.5(2) Emergency incident reports. The 24–hour emergency telephone number for the reporting of hazardous conditions (insert correct site), and radiation incidents, and air pollution emergency episodes is (515)281–8694. During nonbusiness hours this number is answered by staff of the department of public safety, who will obtain the caller’s name, telephone number, and information relating to the incident. This information will be forwarded to the staff of the department of natural resources who will contact the caller.

ITEM 6. Amend 561—Chapter 1 by adopting the following new rule:

561—1.6(17A,455A) Internet Web site. The department’s Internet home page is located at http://www.state.ia.us/dnr/.

ITEM 7. Amend subrule 2.3(1) as follows:

2.3(1) Location of record. A request for access to a record should be directed to the director custodian or the particular agency office where the record is kept. If the location of the record is not known by the requester, the request shall be directed to the Director, Department of Natural Resources, 900 East Grand Avenue, Fourth Floor 502 East Ninth Street, Wallace State Office Building, Des Moines, Iowa 50319–0034. If a request for access to a record is misdirected, agency personnel will promptly forward the request to the appropriate person within the agency.

ITEM 8. Amend subrule 2.3(7) as follows:

2.3(7) Fees.

a. When charged. To the extent permitted by applicable provisions of law, the payment of fees may be waived in the case of small requests of five or fewer copies, when the imposition of fees is inequitable, or when a waiver is in the public interest. Charges for examination or copies requested in writing by a person in a capacity as representative of another governmental entity or where copies are provided under provisions of a written agency contract may be waived.

b. Copying and postage costs. Anyone making a request for reproduction of the department’s records will prepay pay for services at the following rates, in addition to actual mailing costs postage and handling as determined by the agency:

(1) Photocopies (direct copies on 8½” x 11”, 8½” x 14”, or 11” x 17” paper)—40 cents per page.

(2) Paper copy from microfilm records—50 40 cents per page.

(3) Microfiche copy from microfilm records—$1 per fiche.

(4) The actual reproduction cost will be charged for any blueprint, picture, oral tape or any other work product not subject to photocopying.

(5) Computer stored information:. Computer stored information is available according to the fee schedule maintained by the administrative services division of the department. The fee schedule shall be available at the following locations: fifth floor record centers, Wallace State Office Building, and on the department’s Internet Web site, http://www.state.ia.us/dnr/administrative.

3 UP gummed mailing labels and 4 UP Cheshire labels 30 cents per 1000 records read, and $10 per 1000 labels written. A minimum charge of $15 or actual cost will be assessed, whichever is greater. Programming time over ten minutes will be charged at the rate of $25 per hour or any portion of an hour.

ITEM 9. Amend rule 561—2.14(17A,22), introductory paragraph, as follows:

561—2.14(17A,22) Personally identifiable information. This rule describes the nature and extent of personally identifiable information which is collected, maintained, and retrieved by the agency by personal identifier in record systems as defined in rule 2.2(17A,22). For each record system, this rule describes the legal authority for the collection of that information, the means of storage of that information and indicates whether a data processing system matches, collates, or permits the comparison of personally identifiable information in one record system with personally identifiable information in another record system. The record systems maintained by the agency are: Records maintained by the department of natural resources, the environmental protection commission and the natural resource commission are in accordance with guidelines as set forth by the state records commission’s file system. An updated index is maintained by the department and is available for public inspection. Records are collected pursuant to authorities contained in Iowa Code chapters 106, 107, 109, 109B, 110, 110A, 110B, 111, 111A, 111B, 112, 321G, 458A, 460A and Iowa Code Title XI, subtitles 1, 2, 3, 4, and 6. Agency records may include but are not limited to the following:

ITEM 10. Rescind subrule 2.14(1) and adopt the following new subrule in lieu thereof:

2.14(1) Department of natural resources.

a. Administration, organization, and management.

(1) Organization and management.

(2) Planning and programming.

(3) Administrative reports.

(4) Insurance and bonding.

(5) Departmental emergency planning.

(6) Correspondence and reference materials.

(7) Information and public relations.

b. Budgets, accounting and financial analysis.

(1) Budget information.

(2) Accounting.

(3) Cost accounting.

c. Office services and facilities management.

(1) Communications.

(2) Printing and reproduction.

(3) Records management.

(4) Motor pool operations.

(5) Facilities management.

(6) Engineering and construction.

d. Equipment, supplies, and services.

(1) Procurement.

(2) Property accountability.

e. Legislative and legal.

(1) Department legislative liaison.

(2) Bills, joint resolutions, amendments, messages and reports.

(3) Federal government.

(4) Administrative procedures.

(5) Attorney general opinions and research materials.

(6) Claims against the state.

(7) Lawsuits filed by the state.

(8) 28E agreements.

f. Personnel and payroll.

(1) Employee personnel/payroll files.

(2) Merit rules.

(3) Payroll administration.

(4) Position classification.

(5) Preemployment.

(6) Certification and selection.

(7) Scheduling, assignments, working hours.

(8) Grievances.

(9) Training and education.

(10) Employee benefits and welfare.

(11) Employment relations.

(12) Equal employment opportunity.

(13) Management improvement programs.

(14) Delegation of authority and signature authorization.

g. Conservation and environment.

(1) Geology.

1. Surface and groundwater monitoring.

2. Water and mineral resources databases.

3. Natural resources GIS library.

4. Oil/gas exploration and drilling.

(2) Energy conservation.

1. Building energy management program database.

2. Technical engineering analysis.

3. Life cycle cost analysis.

4. State facilities energy use/energy management data.

5. Energy suppliers list.

6. Renewable energy facilities list.

(3) Water conservation.

(4) Land conservation.

(5) Soil conservation.

(6) Forestry management.

(7) Fish and game conservation.

(8) Recreation.

(9) Environmental technology.

(10) Air quality monitoring.

(11) Water quality monitoring.

(12) Land quality monitoring.

(13) Hazardous material planning.

1. Hazardous waste management.

2. Underground storage tanks.

3. Leaking underground storage tanks.

(14) Radioactive materials.

(15) Environmental—interdisciplinary.

Records are stored on paper, microfilm, microfiche, and, in some cases, automated data processing systems.

ITEM 11. Amend subrule 2.14(2) as follows:

2.14(2) Natural resource commission.

a. Tort claims investigations.

b. Numerous licensing files.*

c. Lifetime licenses.

d. Boat registrations.*

e. Docks, mooring, buoys or raft registrations.*

f. Snowmobile registrations.*

g. Miscellaneous mailing list (magazine, etc.).*

h. Payroll and personnel information system.

i. Fur buyer reports.

j. Fish and game violations.

k. Safety certified students (hunter safety, snowmobile safety, boating safety).*

l. Special events applications and permits.

m. Snowmobile accident reports.

n. Boating accident reports.

o. Drowning reports.

p. Timber buyer reports and bonds.

q. Work programs with ISU.

r. Timber management and forestry.

s. State park ranger violation reports.*

t. Incident reports.

u. Donations.

v. Real estate acquisition.*

w. Encroachments.

x. Campground host program.

y. Law enforcement intelligence network (LEIN) and turn in poachers (TIP).

z. Park leases and concessions.*

All the above–listed records are collected pursuant to the authority of Iowa Code chapters 106, 107, 109, 109B, 110, 110A, 110B, 111, 111A, 111B, 112, and 321G, 350, 456A, 461A, 462A, 464A, 465C, 481A, 482, 483A and 484A.

ITEM 12. Amend rule 561—2.15(17A,22), introductory paragraph, as follows:

561—2.15(17A,22) Other groups of records. This rule describes groups of records maintained by the agency other than record systems as defined in rule 2.2(17A,22). These records are routinely available to the public. However, the agencies’ files of these records may contain confidential information. In addition, some records may contain information about individuals. All records Records are stored on paper, microfilm, microfiche, and, in some cases, in automated data processing systems.

ITEM 13. Amend subrule 2.15(1) as follows:

2.15(1) Rule making. Rule–making records may contain information about individuals making written or oral comments on proposed rules. This information is collected pursuant to Iowa Code section 17A.4. This information is not stored in an automated data processing system.

ITEM 14. Amend subrule 2.15(2) as follows:

2.15(2) Commission records. Agendas, minutes and materials presented to the environmental protection commission, and the natural resource commission are available from the office of the director, except these records concerning closed sessions which are confidential under Iowa Code section 21.5(4). Commission records contain information about people who participate in meetings. This information is collected pursuant to Iowa Code section 21.3. This information is not stored in an automated data processing system.

ITEM 15. Amend subrule 3.2(2) as follows:

3.2(2) Exceptions. When information is submitted pursuant to another provision of these rules, e.g., a complaint, a request for confidentiality, a petition for rule making, a petition for declaratory ruling, contested cases, or when the submission is required by departmental statute or rule, the material should be submitted in accordance with any applicable instructions contained in such statute or rule. Some examples of such reporting include report of hazardous conditions pursuant to 567—subrule 131.2(1), wastewater bypasses pursuant to 567—subrule 63.6(2), manure releases pursuant to 567—paragraph 65.2(9)“a,” and excess air emissions pursuant to 567—subrule 24.1(2). Examples of other submissions include requests for confidential treatment of information in rule 561—2.5(17A,22), petitions for rule making in rule 561—5.1(17A), and petitions for declaratory rulings in rule 561—6.1(17A) and complaints.

ITEM 16. Amend subrule 3.2(4) as follows:

3.2(4) Emergency incident reports. The 24–hour emergency telephone number for the reporting of hazardous conditions, radiation incidents, and air pollution emergency episodes as provided in 567—subrule 131.2(1) (Iowa Code section 455B.386) or emergency releases required to be reported in accordance with the Emergency Planning and Community Right–to–know Act as provided in Iowa Code section 30.8 is (515)281–8694. During nonbusiness hours this number is answered by staff of the department of public safety, who will obtain the caller’s name, telephone number, and information relating to the incident. This information will be forwarded to staff of the department who will contact the caller. Also, during nonbusiness hours this number may be used to report wastewater bypasses, manure releases, and excess air emissions.

ITEM 17. Amend subrule 3.3(1), paragraph “c,” as follows:

c. Confidentiality. In some cases, names of complainants may be kept confidential by the department pursuant to Iowa Code subsection 22.7(18) (see subrule 2.4(1) rule 2.5(17A,22)).

ITEM 18. Amend subrule 3.3(1) by adopting the following new paragraph “d”:

d. Anonymous complaints. Complaints may be submitted from anonymous sources and will be handled as discretionary investigations. In these cases, the department will not be able to notify the complainants of the results of the investigations.

ITEM 19. Amend subrule 9.1(2) as follows:

9.1(2) Purpose. The purpose of these rules is to provide the necessary form forms, instructions, and explanation of this requirement. It is the purpose of the statute to give notice to the department and the transferee of real property of the condition of the wells, disposal sites, underground storage tanks, and hazardous waste disposal, and private burial sites existing on the real estate.

ITEM 20. Amend subrule 9.2(4) as follows:

9.2(4) The form shall include the name, and address, and social security number of both the transferor and transferee; the street address of the real estate involved; and the legal description of the real estate involved. The form shall set forth the information contained in 1987 Iowa Code Supplement section 558.69.

ITEM 21. Rescind 561—Chapter 15.

Pursuant to the authority of Iowa Code sections 17A.3 and 147.76, the Board of Nursing hereby gives Notice of Intended Action to amend Chapter 1, “Administrative and Regulatory Authority,” Iowa Administrative Code.

These amendments incorporate Iowa Code and Iowa Administrative Code citations, delineating requirements for rule–making petitions, declaratory orders and public hearings.

Any interested person may make written comments or suggestions on or before February 28, 2001. Such written materials should be directed to Executive Director, Board of Nursing, RiverPoint Business Park, 400 S.W. 8th Street, Suite B, Des Moines, Iowa 50309–4685. Persons who want to convey their views orally should contact the Executive Director at (515)281–3256, or in the Board office at 400 S.W. 8th Street, by appointment.

These amendments are intended to implement Iowa Code chapters 17A, 147 and 152.

The following amendments are proposed.

ITEM 1. Amend rule 655—1.1(17A,147,152), definition of “board office,” to read as follows:

“Board office” means the office of the Iowa Board of Nursing, State Capitol Complex, RiverPoint Business Park, 400 S.W. 8th Street, Suite B, Des Moines, Iowa 50309 50319–4685.

ITEM 2. Amend subrule 1.3(1) to read as follows:

1.3(1) Description of the board. The board derives its legal authority for regulating and enforcing regulations for nursing education, nursing practice, and continuing education for nurses under the provisions of Iowa Code chapters 147, 147A, 152, 152E and 258A 272C. The mission of the board is to protect the public health, safety and welfare by ensuring that nursing is practiced by at least minimally competent licensed individuals who practice within their authorized scope of practice.

ITEM 3. Amend subrule 1.3(2), paragraph “f,” to read as follows:

f. Hold a closed session if the board voted to do so in a public roll call vote with an affirmative vote of at least two–thirds if the total board is present or a unanimous vote if less are present. The board will recognize the appropriate statute allowing for a closed session when voting to go into closed session. Minutes of all discussion, persons present, and action occurring at a closed session will be recorded along with a tape recording of the proceedings. The records shall be stored securely in the board office and shall not be made available for public inspection.

ITEM 4. Amend paragraph 1.3(2)“i,” introductory paragraph, to read as follows:

i. Act on a petition for adoption of rules. Any person may request the promulgation, amendment, or repeal of a rule in accordance with Iowa Code section 17A.7 and 655— Chapter 8.

ITEM 5. Rescind subparagraphs 1.3(2)“i”(1) to (4).

ITEM 6. Amend subrule 1.3(4), introductory paragraph, to read as follows:

1.3(4) Petition for declaratory rulings orders. Any person may petition the board for a declaratory ruling order as to the applicability of statute, rule, policy statement, decision or order which is under the board’s jurisdiction. The petition shall be submitted in writing to the board office and shall be in accordance with 655—Chapter 9.

ITEM 7. Rescind paragraphs 1.3(4)“a” to “e.”

ITEM 8. Amend subrule 1.3(5), introductory paragraph, to read as follows:

1.3(5) Public hearings. Public hearings shall be held in accordance with Iowa Code section 17A.4, subsection 1, paragraphs “a” and “b” with respect to rule making and 655— Chapter 10.

ITEM 9. Rescind paragraphs 1.3(5)“a” to “e.”

ITEM 10. Amend subrule 1.3(6), introductory paragraph, to read as follows:

1.3(6) Public records and rosters. Records and rosters shall be available to the public in accordance with Iowa Code chapter 68A 22 and sections 147.8 and 147.43.

Pursuant to the authority of Iowa Code sections 17A.3 and 147.76, the Board of Nursing hereby gives Notice of Intended Action to rescind Chapter 3, “Licensure to Practice—Registered Nurse/Licensed Practical Nurse,” Iowa Administrative Code, and to adopt a new Chapter 3 with the same title.

These rules redefine the condition under which a nurse licensed in another state may provide emergency services; add a $3 fee per license for noncertified statement of verification; set back renewal fees at a constant; allow a licensee who is 70 years of age or older to place a late or delinquent license on inactive status without penalty fees; recognize licensure by examination prior to graduation in other U.S. jurisdictions.

Any interested person may make written comments or suggestions on or before February 28, 2001. Such written materials should be directed to the Executive Director, Board of Nursing, RiverPoint Business Park, 400 S.W. 8th Street, Suite B, Des Moines, Iowa 50309–4685. Persons who want to convey their views orally should contact the Executive Director at (515)281–3256, or in the Board office at 400 S.W. 8th Street, by appointment.

There will be a public hearing on February 28, 2001, at 5 p.m. in the Ballroom, Kirkwood Civic Center Hotel, Fourth and Walnut, Des Moines, Iowa. Persons may present their views at the public hearing either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed rules.

These rules are intended to implement Iowa Code chapters 17A, 147, 152, 152E and 272C.

The following new chapter is proposed.

CHAPTER 3
LICENSURE TO PRACTICE—REGISTERED NURSE/LICENSED PRACTICAL NURSE

Accredited or approved nursing program. An accredited or approved nursing program means a nursing education program whose status has been recognized by the board or by a similar board in another jurisdiction that prepares individuals for licensure as a licensed practical nurse, registered nurse, or registration as an advanced registered nurse practitioner; or grants a baccalaureate, master’s or doctorate degree with a major in nursing.

Address. Address means a street address in any state when a street address is available or a rural route address when a street address is not available.

Applicant. Applicant means a person who is qualified to take the examination or apply for licensure.

Delinquent licensee. Delinquent licensee means a registered nurse/licensed practical nurse who has failed to renew the license or place it on inactive status as provided by subrule 3.7(5) by the fifteenth day of the month following the expiration date.

Endorsement. Endorsement means the process by which a registered nurse/licensed practical nurse licensed in another jurisdiction becomes licensed in Iowa.

Examination. Examination means any of the tests used to determine minimum competency prior to the issuance of a registered nurse/licensed practical nurse license.

Fees. Fees mean those fees collected which are based upon the cost of sustaining the board’s mission to protect the public health, safety and welfare. The nonrefundable fees set by the board are as follows:

1. Application for original licensure based on the registered nurse examination, $75.

2. Application for original licensure based on the practical nurse examination, $75.

3. Application for registered nurse/licensed practical nurse licensure by endorsement, $101.

4. Application for registration as an advanced registered nurse practitioner, $21 per year, or any portion of a year.

5. For a certified statement that a registered nurse/licensed practical nurse is licensed in this state or registered as an advanced registered nurse practitioner, $25.

6. For written verification of licensure status, not requiring certified statements, $3 per license.

7. For reactivation of a license to practice as a registered nurse/licensed practical nurse, based on $27 per year, or any portion of a year, totals $81 for a license lasting more than 24 months up to 36 months.

8. For the renewal of a license to practice as a registered nurse/licensed practical nurse, $81 for a three–year period.

9. For a duplicate or reissued wallet card or original certificate to practice as a registered nurse/licensed practical nurse, or registration card or original certification to practice as an advanced registered nurse practitioner, $20.

10. For a registered nurse/licensed practical nurse late renewal fee, $50, plus the renewal fee as specified in paragraph “6” of this rule.

11. For a registered nurse/licensed practical nurse delinquent license fee, $100, plus back renewal fees to date due, calculated at $25 per year or any part thereof. The total back renewal fees shall not exceed $250.

12. For a check returned for any reason, $15. If licensure/registration has been issued by the board office based on a check for the payment of fees and the check is later returned by the bank, the board shall request payment by certified check or money order.

13. For a certified copy of an original document, $20.

14. For special licensure, $62.

Inactive licensee. Inactive licensee means a registered nurse/licensed practical nurse who has requested to be placed on inactive status.

Lapsed license. A lapsed license means an expired license, which is either late or delinquent.

Late licensee. Late licensee means a registered nurse/licensed practical nurse who has failed to renew the license or place it on inactive status as provided by subrule 3.7(4) by the expiration date on the license. The time between the expiration date and the fifteenth day of the month following the expiration date is considered a grace period or late period.

NCLEX^®. NCLEX^® means National Council Licensure Examination for registered nurse/licensed practical nurse licensure.

Overpayment. Overpayment means payment in excess of the required fee. Overpayments less than $10 received by the board shall not be refunded.

Reactivation. Reactivation means the process whereby an inactive licensee obtains a current license.

Reinstatement. Reinstatement means the process by which a delinquent licensee obtains a current license.

Temporary license. Temporary license means a license issued on a short–term basis for a specified time pursuant to subrule 3.5(3).

Verification. Verification means the process whereby the board provides a certified statement that the license of a registered nurse/licensed practical nurse is active, inactive, or lapsed, or an advanced registered nurse practitioner is registered in this state.

This rule is intended to implement Iowa Code section 147.80.

3.2(1) A person who practices nursing in the state of Iowa as defined in Iowa Code section 152.1, outside of one’s family, shall have a current Iowa license, whether or not the employer is in Iowa and whether or not the person receives compensation. The nurse shall maintain a copy of the license and shall have it available for inspection when engaged in the practice of nursing in Iowa.

3.2(2) Current Iowa licensure is not mandatory when:

a. A nurse who resides in another party state is recognized for licensure in this state pursuant to the nurse licensure compact contained in 2000 Iowa Acts, chapter 1008, section 8. The nurse shall maintain a copy of the license and shall have it available for inspection when engaged in the practice of nursing in Iowa.

b. A nurse who holds an active license in another state provides services to patients in Iowa only during interstate transit.

c. A nurse who holds an active license in another state provides emergency services in an area in which the governor of Iowa has declared a state of emergency.

d. A nurse who holds an active license in any state, or has completed a nursing education course of study in another country, provides only nursing services incidental to a course of study while enrolled in an approved nursing education program.

This rule is intended to implement Iowa Code section 147.2.

3.3(1) Applicants shall meet the requirements set forth in Iowa Code sections 147.3 and 152.7. Requirements include:

a. Graduation from an approved nursing program preparing registered nurses as defined in Iowa Code section 152.5(1) for registered nurse applicants or graduation from an approved nursing program preparing practical nurses as defined in Iowa Code section 152.5(1) for licensed practical nurse applicants. Theory and clinical experience shall include medical nursing, surgical nursing, obstetric nursing and nursing of children. Registered nurse applicants shall additionally have completed theory and clinical experience in psychiatric nursing.

b. Passing NCLEX^® or the State Board Test Pool Examination, the national examination used prior to 1982.

c. Approval by the board of those with a past felony conviction.

3.3(2) The requirement listed in paragraph 3.3(1)“b” is subject to the following exceptions:

a. A practical nurse applicant must have written the same examination as that administered in Iowa and achieved a score established as passing for that test by the board unless the applicant graduated and was licensed prior to July 1951.

b. An applicant whose national examination scores do not meet the Iowa requirements in effect at the time of the examination and who wishes to become licensed in Iowa may appeal to the board. The board may require the applicant to pass the current examination.

This rule is intended to implement Iowa Code sections 147.2 and 152.7(3).

3.4(1) Applicants shall meet qualifications for licensure set forth in subrule 3.3(1).

3.4(2) The board contracts with the National Council of State Boards of Nursing, Inc. to use the NCLEX^® for registered nurses and licensed practical nurses.

a. The passing standard for the NCLEX^® is determined by the board.

b. NCLEX^® results are reported as pass or fail.

c. The NCLEX^® is administered according to guidelines set forth by the National Council of State Boards of Nursing, Inc.

d. Examination statistics are available to the public.

3.4(3) Application—graduates of board–approved programs.

a. The board shall:

(1) Provide information about licensure application to applicants, nursing education programs in Iowa, and others upon request.

(2) Determine eligibility of each applicant upon receipt of an application, fee, official nursing transcript and notification of NCLEX^® registration.

b. The applicant shall:

(1) Complete application for licensure by examination.

(2) Submit fee for application for licensure by examination as identified in rule 3.1(17A,147,152,272C).

(3) Register for the NCLEX^® and submit registration fee to the national test service.

(4) Direct the nursing program to submit to the board an official nursing transcript denoting the date of entry, date of graduation, and diploma or degree conferred.

(5) Inform the board that the primary state of residence is Iowa or a noncompact state and provide a current street address.

(6) Self–schedule the examination at an approved testing center. Applicants who do not test within 95 days of authorization are required to submit a new application and fee to the board.

(7) Complete NCLEX^® registration within 12 months of board receipt of the application for licensure and fee. The board reserves the right to destroy documents after 12 months.

3.4(4) Application—individuals educated and licensed in another country.

a. The board shall:

(1) Provide information about licensure application to applicants and others upon request.

(2) Determine eligibility of each applicant upon receipt of:

1. Application for licensure by examination.

2. Application fee for licensure by examination.

3. Notification of NCLEX^® registration.

4. Official nursing transcript denoting date of entry and date of graduation validated by the Commission on Graduates of Foreign Nursing Schools (CGFNS), or submitted by the program if the original transcript is in English.

5. Validation of licensure/registration in the original country by CGFNS.

6. Official certification submitted by CGFNS for registered nurse applicants.

7. Nursing and science course report submitted by CGFNS for licensed practical nurse applicants.

8. Verification of ability to read, write, speak and understand the English language as determined by the results of the Test of English as a Foreign Language (TOEFL) for licensed practical nurse applicants. The board shall determine the TOEFL passing standard. Applicants shall be exempt from the TOEFL examination when the native language is English; nursing education was completed in a college, university or professional school located in Australia, Canada (except Quebec), Ireland, New Zealand or the United Kingdom; language of instruction in the nursing program was English; and language of the textbooks in the nursing program was English.

b. The applicant shall:

(1) Complete application for licensure by examination.

(2) Submit fee for application for licensure by examination as identified in rule 3.1(17A,147,152,272C).

(3) Register for the NCLEX^® and submit registration fee to the national test service.

(4) Direct CGFNS to validate the official nursing transcript or direct the nursing education program to submit to the board an official nursing transcript in English denoting the date of entry, date of graduation, and diploma or degree conferred.

(5) Direct CGFNS to validate licensure/registration in the original country.

(6) Complete CGFNS certification requirements for registered nurse applicants.

(7) Complete nursing and science course report requirements of the CGFNS Credentials Evaluation Service for practical nurse applicants.

(8) Complete TOEFL requirements for practical nurse applicants.

(9) Inform the board of primary state of residence and current mailing address.

(10) Self–schedule the examination at an approved testing center. Applicants who do not test within 95 days of authorization are required to submit a new application and fee to the board.

(11) Complete NCLEX^® registration within 12 months of board receipt of the application for licensure and fee. The board reserves the right to destroy documents after 12 months.

3.4(5) Application—individuals with disabilities. Individuals with disabilities as defined in the Americans with Disabilities Act shall be provided modifications in the NCLEX^® or NCLEX^® administration.

a. The board shall:

(1) Notify applicants of the availability of test modifications for individuals with documented disabilities.

(2) Upon request, notify applicants of the process for obtaining board approval of test modification as defined in paragraph 3.4(5)“b.”

(3) Determine eligibility for test modification upon receipt of:

1. Written request for test modifications in the NCLEX^® or NCLEX^® administration.

2. Written documentation of the applicant’s disability and need for test modifications, including results of diagnostic testing when appropriate, submitted by a qualified professional with expertise in the area of the diagnosed disability, or interpretation of results.

3. Written documentation of test modifications provided to the applicant while enrolled in the nursing education program, if applicable.

b. The applicant shall:

(1) Submit to the board a written request for specific modifications in the NCLEX^® or NCLEX^® administration.

(2) Direct a qualified professional with expertise in the area of the diagnosed disability or interpretation of test results to submit to the board written documentation of the applicant’s disability and need for specific test modifications, including the history of the disability and results of diagnostic testing.

(3) Direct the nursing program to submit to the board documentation of test modifications provided to the applicant while enrolled in the nursing education program, if applicable.

(4) Complete examination application requirements defined in subrule 3.4(3) or 3.4(4).

3.4(6) Reexamination.

a. An applicant who has graduated from an approved practical nurse program and has failed the NCLEX–PN^® is eligible to take the NCLEX–PN^® an indefinite number of times.

b. An applicant who has graduated from an approved registered nurse program and has failed the NCLEX–RN^® is eligible to take the NCLEX–RN^® an indefinite number of times.

c. An applicant who fails the NCLEX^® and reapplies for licensure by examination shall be required to complete application for licensure by examination, submit the fee for application by examination, complete NCLEX^® registration and submit a registration fee to the national test service.

3.4(7) Certificate of licensure by examination. Upon completion of the relevant qualifications for licensure by examination defined in these rules, the board shall issue a certificate of licensure by examination and a current license to practice as a registered nurse/licensed practical nurse.

This rule is intended to implement Iowa Code sections 147.36, 147.80 and 152.7(3).

3.5(1) Qualifications for licensure by endorsement. The endorsee shall meet the qualifications for licensure defined in subrule 3.3(1).

3.5(2) Applicants currently licensed in another state. Application for licensure to practice as a registered nurse or licensed practical nurse by endorsement shall be made according to the following process:

a. The board shall:

(1) Provide application forms and instructions to applicants upon request.

(2) Determine eligibility of each applicant upon receipt of an application, fee, official nursing transcript, and verification of licensure submitted by state of original licensure or the National Council of State Boards of Nursing, Inc.

b. The applicant shall:

(1) Submit a completed board application form.

(2) Submit the endorsement fee, made payable to the Iowa Board of Nursing as outlined in rule 3.1(17A,147,152, 272C).

(3) Direct the nursing program to submit to the board an official nursing transcript denoting the date of entry, date of graduation and diploma or degree conferred.

(4) Submit the application form for verification of original licensure. If the original state of licensure participates in the National Council of State Boards of Nursing, Inc., Electronic Nurse Licensure System (NURSYS), send form and application fee directly to the National Council of State Boards of Nursing, Inc.

(5) Submit evidence attesting that Iowa is the primary state of residence if the applicant is changing primary state of residence from another party state as outlined in rule 655— 16.2(152) or that the primary state of residence is a noncompact state.

(6) Complete the application process within 12 months from the date of receipt of the application. The board reserves the right to destroy the documents after 12 months.

c. A license shall not be issued to an applicant whose license is under sanction by another state without approval of the board.

d. An endorsement applicant who has been disciplined by a licensing authority in another state must indicate the jurisdiction of the action(s) when submitting application materials. A copy of all relevant disciplinary documents will be obtained for board review prior to a determination regarding licensure. The board may impose special conditions for licensure if deemed appropriate.

e. A license shall not be issued to an applicant who fails to complete the licensure process within 12 months from the date of receipt of the application.

3.5(3) Temporary license. A temporary license shall be issued to an applicant who is licensed in another state if the applicant meets the qualifications for licensure as outlined in subrule 3.3(1). The board application form and endorsement fee as outlined in rule 3.1(17A,147,152,272C) and verification of licensure form shall be on file in the office of the board prior to the issuance of the temporary license.

a. A temporary licensee may use the appropriate title of registered nurse or licensed practical nurse and the appropriate abbreviation R.N. or L.P.N.

b. The temporary wallet card must be signed by the licensee to be valid. The temporary license shall be issued for a period of 30 days. A second temporary license may be issued for a period not to exceed 30 days or at the discretion of the executive director.

c. A temporary license shall not be issued to an applicant whose license is currently encumbered by disciplinary action in another state.

3.5(4) Certificate of licensure by endorsement. Upon completion of the endorsement procedures defined in these rules, the board shall issue a certificate of licensure by endorsement and a current license to practice as a registered nurse/licensed practical nurse.

This rule is intended to implement Iowa Code sections 147.2 and 152.9.

655—3.6(17A,147,152,272C) Special licensure for those licensed in another country. A special license may be granted by the board on an individual basis to allow a nurse licensed in another country who is not eligible for endorsement to practice nursing in Iowa for a fixed period of time under certain conditions. Special licensure shall allow the nurse to provide care in a specialty area, provide consultation or teaching where care is directed, serve as a research or teaching assistant, or obtain clinically based continuing education.

1. Upon request, the board shall provide application materials to the applicant or sponsor.

2. The applicant shall provide identifying information, history of felony conviction, history of licensure in another jurisdiction, and reason for special licensure.

3. The applicant shall complete the application, submit a fee as identified in rule 3.1(17A,147,152,272C) and provide evidence of certification by the Commission on Graduates of Foreign Nursing Schools (CGFNS), or a Test of English as a Foreign Language (TOEFL) score of at least 500 for thepaper–based TOEFL or 173 for the computer–based TOEFL.

4. Board staff shall determine the validity of the request based on the need, duration and location of special licensure identified on the application, and staff shall notify the applicant of ineligibility for special licensure if the application is incomplete, or demonstrates a felony conviction, or evidence of licensure in another jurisdiction.

5. The board shall grant special licensure to eligible applicants. The license shall be identified as a special license and identify duration and conditions as designated in this rule. The period of special licensure shall be determined by the board and may be extended at the request of the applicant.

6. If the board denies special licensure, the individual may be eligible for licensure by examination in accord with subrule 3.4(4).

7. The licensee shall be subject to all rules and regulations promulgated by the board except those pertaining to verification, renewal, late renewal, inactivation, reactivation and continuing education requirements.

This rule is intended to implement Iowa Code section 147.2.

3.7(1) Name and address changes. Written notification to the board of name and address changes is mandatory as defined in Iowa Code section 147.9. Licensure documents are mailed to the licensee at the address on file in the board office. There is no fee for a change of name or address in board records.

3.7(2) New licenses. The board shall issue licenses by endorsement and examination for a 24– to 36–month period. When the license is renewed, it will be placed on a three–year renewal cycle. Expiration shall be on the fifteenth day of the birth month.

3.7(3) Renewal. At least 60 days prior to expiration of the license, the licensee shall be notified by mail that a renewal application is available at the board’s Internet address. Renewal applications are also available by mail upon request.

a. The required materials and the renewal fee as specified in rule 3.1(17A,147,152,272C) are to be submitted to the board office 30 days before license expiration.

b. When the licensee has satisfactorily completed the requirements for renewal 30 days before expiration of the previous license, a renewal wallet card shall be mailed to the licensee before expiration of the previous license.

3.7(4) Late renewal. The license shall become late when the license has not been renewed by the expiration date on the wallet card. The licensee shall be assessed a late fee as specified in rule 3.1(17A,147,152,272C).

a. To renew a late license, the licensee shall complete the renewal requirements and submit the late fee before the fifteenth day of the month following the expiration date on the wallet card.

b. To place the late license on inactive status, the licensee shall submit a written request for inactive status and pay the late fee. No continuing education shall be required. The license of an individual who is 70 years of age or older will be placed on inactive status upon request without the late fee.

3.7(5) Delinquent status. The license shall become delinquent when the license has not been renewed by the fifteenth day of the month following the expiration date on the wallet card.

a. If the delinquent license is not reinstated, it shall remain delinquent and fees shall accrue annually.

b. If the licensee resides in Iowa or a noncompact state, the licensee shall not practice nursing in Iowa until the license is reinstated to active status. If the licensee is identified as practicing nursing with a delinquent license, disciplinary proceedings shall be started.

c. To reinstate to active licensure status, the licensee shall contact the board office.

(1) The licensee shall be provided an application, a continuing education report form and statement of fees. Fees shall include all renewal fees to date and a delinquent fee as specified in rule 3.1(17A,147,152,272C).

(2) The licensee shall have completed 15 contact hours of continuing education as specified in 655—Chapter 5, earned within the 12 months prior to reinstatement.

(3) Upon receipt of the completed application, required continuing education materials and appropriate fees, and verification that the primary state of residence is Iowa or a noncompact state, the licensee shall be issued a license for a 24– to 36–month period. At the time of the next renewal, it will be placed on a three–year renewal cycle. Expiration shall be on the fifteenth day of the birth month.

d. To reinstate to inactive licensure status, the licensee shall submit a written request for inactive status and pay all back renewal fees to date and a delinquent fee as specified in rule 3.1(17A,147,152,272C).

(1) Continuing education shall not be required.

(2) The license of an individual who is 70 years of age or older will be placed on inactive status upon request without payment of the fees.

3.7(6) Inactive status. When the license is inactive, the licensee who resides in Iowa or a noncompact state shall not practice nursing in Iowa. The licensee is not required to obtain continuing education or pay fees. The license must remain on inactive status for a minimum of 30 days.

a. A licensee may request inactive licensure status by one of the following methods:

(1) Return the current wallet card prior to expiration of the license with a written request for inactive status. Inactive status becomes effective immediately upon board receipt of the wallet card.

(2) Submit a renewal form marked inactive status prior to expiration of the license. Inactive status becomes effective when the current license expires.

(3) A late license may be placed on inactive status as described in paragraph 3.7(4)“b.”

(4) A delinquent license may be placed on inactive status as described in paragraph 3.7(5)“d.”

b. To reactivate the license, the licensee shall contact the board office.

(1) The licensee shall be provided an application and continuing education report form.

(2) The licensee shall have completed 15 contact hours of continuing education as specified in 655—Chapter 5 earned within the 12 months prior to reactivation.

(3) The licensee shall submit the reactivation fee as specified in rule 3.1(17A,147,152,272C).

(4) Upon receipt of the completed application, required continuing education materials, fee, and verification that the primary state of residence is Iowa or a noncompact state, the licensee shall be issued a license for a 24– to 36–month period. At the time of the next renewal, it will be placed on a three–year renewal cycle. Expiration shall be on the fifteenth day of the birth month.

3.7(7) Duplicate wallet card or certificate. A duplicate wallet card is required if the current one is lost, stolen or destroyed. The licensee shall be issued a duplicate wallet card or certificate upon receipt of a written request from the licensee and receipt of the fee as specified in rule 3.1(17A,147, 152,272C). If the licensee notifies the board that the documents have not been received within 60 days after being mailed, no fee shall be required.

3.7(8) Reissue of a certificate or wallet card. The board shall reissue a certificate or current wallet card upon receipt of a written request from the licensee, return of the original document and payment of the fee as specified in rule 3.1(17A,147,152,272C). No fee shall be required if an error was made by the board on the original document.

This rule is intended to implement Iowa Code sections 147.2 and 147.9 to 147.11.

655—3.8(17A,147,152,272C) Verification. Upon written request from the licensee or another jurisdiction and payment of the verification fee as specified in rule 3.1(17A,147,152, 272C), the board shall provide a certified statement to another jurisdiction or entity that the license of a registered nurse/licensed practical nurse is active, inactive or lapsed in Iowa.

This rule is intended to implement Iowa Code sections 147.2 and 147.8.

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

The proposed amendments rescind subrule 21.10(18) and adopt a new 21.10(18) to assist IPERS in administering the legislatively mandated requirement that certain beneficiaries who have already received preretirement death benefits on or after January 1, 1999, may repay the prior death benefit and receive either a new lump sum amount or a monthly annuity based on the new lump sum amount. Substantial changes to the previously filed subrule were required in order to fully implement the new death benefit, including changes required as a result of discussions with IPERS’ legal counsel, IPERS’ actuary, and IPERS staff.

Amendments to subrule 21.10(11) are also proposed to clarify that for deaths prior to retirement and before the effective date of 2000 Iowa Acts, chapter 1077, preretirement death benefits will continue to be calculated under the rules in effect at the date of death.

There are no general waiver provisions in the proposed amendments because the amendments fall into one of the following categories: (1) there was no specific waiver authority granted in the statute being implemented; or (2) the amendments confer benefits or remove limitations.

Any interested person may make written suggestions or comments on these proposed amendments on or before January 30, 2001. Such written suggestions or comments should be directed to the IPERS Administrative Rules Coordinator, 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) 281–0020. 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 January 30, 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 of the proposed amendments.

These amendments are intended to implement Iowa Code chapter 97B as amended by 2000 Iowa Acts, chapter 1077.

These amendments were also Adopted and Filed Emergency and are published herein as ARC 0389B. The content of that submission is incorporated by reference.

Pursuant to the authority of Iowa Code section 135.43, the Department of Public Health hereby proposes to amend Chapter 92, “Iowa Fatality Review Committee,” Iowa Administrative Code.

Item 1 provides an editorial change for consistency of language concerning age. Item 2 revises the list of recipients to receive the report from the Director of Public Health, based on discussion with the Administrative Rules Review Committee.

This chapter is subject to the Department’s rules regarding waivers.

Interested persons may make written comments or suggestions on the proposed amendments on or before January 30, 2001. Written materials should be addressed to David Fries, Deputy Director, Department of Public Health, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319–0075, or faxed to (515)281–4958. E–mail may be sent to dfries@idph.state.ia.us.

These amendments are intended to implement 2000 Iowa Acts, chapter 1137.

The following amendments are proposed.

ITEM 1. Amend rule 641—92.2(135), definition of “child fatality,” as follows:

“Child fatality” means the death of a child through under the age of 17 years 18.

ITEM 2. Amend rule 641—92.6(135) as follows:

92.6(1) Upon completion of the review, the director shall submit the committee’s report to the governor and the general assembly.:

92.6(2) The committee report shall include findings concerning the case and recommendations for changes to prevent child fatalities when similar circumstances exist. The report shall include but is not limited to the following information:

1. The dates, outcomes, and results of any actions taken by the department of human services and others in regard to each report and allegation of child abuse involving the child who died.

2. The results of any review of the case performed by a multidisciplinary team, or by any other public entity that reviewed the case.

3. Confirmation of the department of human services’ receipt of any report of child abuse involving the child, including confirmation as to whether or not any assessment involving the child was performed in accordance with Iowa Code section 232.71B, the results of any assessment, a description of the most recent assessment and the services offered to the family, the services rendered to the family, and the basis for the department’s decisions concerning the case.

Pursuant to the authority of Iowa Code sections 307.10 and 307.12, the Department of Transportation hereby terminates the Notice of Intended Action published in the Iowa Administrative Bulletin on January 26, 2000, as ARC 9617A.

Because of legislation enacted in 2000 and because ARC 9617A has expired, the Department is renoticing its proposed rules regarding waivers.

The Department of Transportation hereby gives Notice of Intended Action to amend Chapter 10, “Administrative Rules and Declaratory Orders,” Chapter 112, “Primary Road Access Control,” Chapter 115, “Utility Accommodation,” Chapter 524, “For–Hire Intrastate Motor Carrier Authority,” and Chapter 529, “For–Hire Interstate Motor Carrier Authority,” and to adopt Chapter 11, “Waiver of Rules,” Iowa Administrative Code.

These amendments adopt the waiver rules required by Executive Order Number 11 and make coordinating amendments. These amendments also comply with 2000 Iowa Acts, chapter 1176, which provides for waivers or variances of administrative rules.

Any person or agency may submit written comments concerning these proposed amendments or may submit a written request to make an oral presentation. The comments or request shall:

1. Include the name, address, and telephone number of the person or agency authoring the comments or request.

2. Reference the number and title of the proposed rule, as given in this Notice, that is the subject of the comments or request.

3. Indicate the general content of a requested oral presentation.

4. Be addressed to the Department of Transportation, Director’s Staff Division, 800 Lincoln Way, Ames, Iowa 50010; fax (515)239–1639; Internet E–mail address: julie. fitzgerald@dot.state.ia.us.

5. Be received by the Director’s Staff Division no later than January 30, 2001.

A meeting to hear requested oral presentations is scheduled for Thursday, February 1, 2001, at 10 a.m. in the Commission Conference Room of the Department of Transportation, 800 Lincoln Way, Ames, Iowa.

The meeting will be canceled without further notice if no oral presentation is requested.

These amendments are intended to implement 2000 Iowa Acts, chapter 1176, and Executive Order Number 11, dated September 14, 1999.

Proposed rule–making actions:

ITEM 1. Amend subrule 10.1(2), definition of “written criticisms,” numbered paragraph “2,” as follows:

2. Petitions for waiver of a rule tendered to the department or granted by the department under 761—Chapter 11.

ITEM 2. Adopt the following new chapter:

CHAPTER 11
WAIVER OF RULES

11.1(1) The purpose of this chapter is to establish a general process for granting waivers or variances (hereinafter referred to as waivers) from the requirements of department rules. A waiver is an agency action which suspends in whole or in part the requirements or provisions of a rule as applied to an identified person on the basis of the particular circumstances of that person.

11.1(2) This chapter does not preclude the granting of waivers using another process if a statute or another department rule so provides. If the rule for which a waiver is sought has a specific waiver process of its own, this chapter is applicable only when it is specifically cited.

11.1(3) This chapter does not apply to contested case proceedings.

11.1(4) This chapter does not apply to rules that merely define the meaning of a statute or other provision of law if the department does not possess the delegated authority to bind the courts to any extent with its definition.

761—11.2(17A) Authority to grant waiver. The director of transportation may, on the director’s own motion or in response to a written petition submitted in accordance with rule 761—11.5(17A), grant a waiver from the requirements of a rule. The decision to grant a waiver shall be made at the sole discretion of the director and is final agency action.

11.3(1) The director shall not grant a waiver from the requirements of a rule unless the director or the department has jurisdiction over the rule and the waiver is consistent with any applicable statute, constitutional provision, or other provision of law. The director shall not waive any requirement created or duty imposed by statute.

11.3(2) The director may grant a waiver from the requirements of a rule if the director finds, based on clear and convincing evidence, all of the following:

a. Application of the rule will pose an undue hardship.

b. The waiver will not prejudice the substantial legal rights of any person.

c. The provisions of the rule subject to waiver are not specifically mandated by statute or another provision of law, and the waiver will not cause a denial of federal funds.

d. Substantially equal protection of the public health, safety, and welfare will be afforded by means other than that prescribed in the rule.

11.3(3) When a petition for a waiver is submitted, the burden of persuasion rests with the petitioner. The department shall evaluate each petition for a waiver based on the unique, individual circumstances set out in the petition.

11.3(4) A waiver, if granted, shall provide the narrowest exception possible to the provisions of the rule.

11.3(5) The director may place any condition on a waiver that the director finds desirable to protect the public health, safety, and welfare.

11.3(6) A waiver shall not be permanent, unless the director finds that a temporary waiver would be impracticable.

11.3(7) If a temporary waiver is granted, there is no automatic right to renewal. At the sole discretion of the director, a waiver may be renewed if the director finds all of the factors set out in subrule 11.3(2) remain valid.

11.4(1) The director’s decision to grant a waiver on the director’s own motion or to grant or deny a waiver in response to a written petition shall be in writing and contain:

a. The name of the person to whom the decision pertains.

b. A citation to the rule or portion thereof to which the decision pertains.

c. The facts upon which the decision is based.

d. The reasons for granting or denying a waiver. If a waiver is granted, the reasons must include the following findings:

(1) Why application of the rule will pose an undue hardship.

(2) Why the waiver will not prejudice the substantial legal rights of any person.

(3) That provisions of the rule subject to waiver are not specifically mandated by statute or another provision of law, and the waiver will not cause a denial of federal funds.

(4) How substantially equal protection of the public health, safety, and welfare will be afforded.

e. The scope and duration of a waiver if one is granted.

f. Any other conditions placed on a waiver if one is granted.

11.4(2) Reserved.

11.5(1) Petitioner. Any person may petition the department for a waiver from the requirements of a rule. The petitioner must have a real and direct interest in the matter.

11.5(2) Form of petition.

a. A petition for a waiver from the requirements of a rule must be in writing and state clearly at the top of the petition that it is a “petition for waiver of a rule.”

b. The body of a petition for a waiver from the requirements of a rule shall contain the following information where applicable and known to the petitioner:

(1) The name, address and telephone number of the petitioner, and any license, permit or case number applicable to the requested waiver.

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

(3) The specific waiver requested, including its scope and duration.

(4) The reasons for the requested waiver.

(5) The facts supporting the requested waiver, and a statement attesting to the accuracy of these facts.

(6) A history of any prior contacts between the petitioner and the department that are related to the requested waiver.

(7) Whether the petitioner is currently a party to a rule–making, declaratory order, contested case or judicial proceeding related to the requested waiver.

(8) Information regarding the department’s treatment of similar situations.

(9) The name, address and telephone number of any public agency or political subdivision that also regulates the activity in question or that may be affected if the waiver were granted.

(10) The name, address and telephone number of any person or entity that may be adversely affected if the waiver were granted.

(11) The name, address and telephone number of any person who has knowledge of facts relevant to the requested waiver.

(12) Releases authorizing persons with knowledge of relevant facts to furnish that information to the department.

c. A petition for a waiver from the requirements of a rule shall be signed and dated by the petitioner.

11.5(3) Submission of petition. A petition for waiver from the requirements of a rule shall be submitted to the Director’s Staff Division, Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010.

761—11.6(17A) Action on petition. Following is the procedure for responding to a petition for a waiver from the requirements of a rule:

11.6(1) The department shall acknowledge receipt of a petition immediately.

11.6(2) Before a waiver is granted or denied, the department may request a petitioner to furnish additional information related to the petition.

11.6(3) The director shall issue a written decision to grant or deny a waiver within 120 days after the department receives the petition unless the petitioner agrees to a later time. However, if the matter is also the subject of a contested case proceeding, the decision to grant or deny a waiver need not be issued until after the final decision in the contested case is issued.

11.6(4) The decision to grant or deny a waiver shall contain the information set out in rule 761—11.4(17A).

11.6(5) Within seven days after the decision is issued, the department shall transmit it to the petitioner.

11.6(6) Failure to grant or deny a waiver within the required time is deemed a denial.

11.6(7) The director’s decision on a petition for a waiver from the requirements of a rule is final agency action.

11.6(8) A petition for a waiver from the requirements of a rule is independent of a contested case proceeding. Submission of a petition does not delay the time to request a contested case hearing, to appeal a proposed decision in a contested case, or to file a petition for judicial review of a final decision in a contested case.

11.6(9) A petition for a waiver from the requirements of a rule is not required to exhaust administrative remedies before judicial review of a department action under Iowa Code section 17A.19.

761—11.7(17A) Modification or cancellation of waiver. The department may, after notice and opportunity for hearing, modify or cancel a waiver granted pursuant to this chapter if the director finds any of the following:

1. A material fact upon which the waiver is based is not true or has changed.

2. The petitioner withheld or knowingly misrepresented a material fact relevant to the propriety or desirability of the waiver.

3. The petitioner has failed to comply with the conditions set forth in the decision granting the waiver.

4. The alternate means for ensuring that the public health, safety and welfare will be adequately protected after the waiver is granted are insufficient.

11.8(1) All records relating to waivers granted or denied under this chapter are open records. However, if a record contains personal information that is confidential, only the portion of the record that is nonconfidential will be made available for public inspection.

11.8(2) The director’s staff division shall retain for five years records relating to waivers granted or denied under this chapter. The records are indexed by rule.

These rules are intended to implement 2000 Iowa Acts, chapter 1176, Iowa Code section 17A.7(2)“b” and Executive Order Number 11, dated September 14, 1999.

ITEM 3. Amend subrule 112.1(2) as follows:

112.1(2) The department reserves the right to make exceptions to these rules where the exercise of sound and reasonable judgment indicates that the literal enforcement of the rules would cause an undue hardship to any interested party, the community or the state. The department may, upon its own motion or in response to a written request or petition, waive provisions of this chapter. 761—Chapter 11 applies, with the following exceptions:

ITEM 4. Amend subrule 115.1(2) as follows:

115.1(2) The department reserves the right to make exceptions to this chapter where the exercise of sound and reasonable judgment indicates that the literal enforcement of this chapter would defeat its objectives. The department may, upon its own motion or in response to a written request or petition, waive provisions of this chapter. 761—Chapter 11 applies, with the following exceptions:

ITEM 5. Amend subrule 524.2(2) as follows:

524.2(2) Waiver of rules. The director of the motor vehicle division may waive provisions of this chapter after determining that special or emergency circumstances exist or that the waiver is in the best interest of the public. In accordance with 761—Chapter 11, the director of transportation may, on the director’s own motion or in response to a petition, waive provisions of this chapter. A waiver shall not be granted unless the director finds that special or emergency circumstances exist.

a. “Special or emergency circumstances” means one or more of the following:

(1) 1. Circumstances where the movement is necessary to cooperate with cities, counties, other state agencies or other states in response to a national or other disaster.

(2) 2. Circumstances where the movement is necessary to cooperate with national defense officials.

(3) 3. Circumstances where the movement is necessary to cooperate with public or private utilities in order to maintain their public services.

(4) 4. Circumstances where the movement is essential to ensure safety and protection of any person or property due to events such as, but not limited to, pollution of natural resources, a potential fire or an explosion.

(5) 5. Circumstances where weather or transportation problems create an undue hardship for citizens of the state of Iowa.

(6) 6. Circumstances where movement involvesemergency–type vehicles.

(7) 7. Uncommon and or extraordinary circumstances where the movement is essential to the existence of an Iowa business and the move may be accomplished without causing undue hazards to the safety of the traveling public or undue damage to private or public property.

ITEM 6. Amend rule 761—529.3(327B) as follows:

761—529.3(327B) Waiver of rules. The director of the motor vehicle division may waive provisions of this chapter after determining that special or emergency circumstances exist or the waiver is in the best interest of the public for interstate travel through Iowa. In accordance with 761—Chapter 11, the director of transportation may, on the director’s own motion or in response to a petition, waive provisions of this chapter. A waiver shall not be granted unless the director finds that special or emergency circumstances exist.

529.3(1) “Special or emergency circumstances” means one or more of the following:

a 1. Circumstances where the movement is necessary to cooperate with cities, counties, other state agencies or other states in response to a national or other disaster.

b 2. Circumstances where the movement is necessary to cooperate with national defense officials.

c 3. Circumstances where the movement is necessary to cooperate with public or private utilities in order to maintain their public services.

d. 4. Circumstances where the movement is essential to ensure safety and protection of any person or property due to events such as, but not limited to, pollution of natural resources, a potential fire or explosion.

e 5. Circumstances where weather or transportation problems create an undue hardship for citizens of the state of Iowa.

f 6. Circumstances where movement involvesemergency–type vehicles.

g 7. Uncommon and or extraordinary circumstances where the movement is essential to the existence of an Iowa business and the move may be accomplished without causing undue hazard to the safety of the traveling public or undue damage to private or public property.

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

December 1, 1999 — December 31, 1999 8.00%

January 1, 2000 — January 31, 2000 8.00%

February 1, 2000 — February 29, 2000 8.25%

March 1, 2000 — March 31, 2000 8.75%

April 1, 2000 — April 30, 2000 8.50%

May 1, 2000 — May 31, 2000 8.25%

June 1, 2000 — June 30, 2000 8.00%

July 1, 2000 — July 31, 2000 8.50%

August 1, 2000 — August 31, 2000 8.00%

September 1, 2000 — September 30, 2000 8.00%

October 1, 2000 — October 31, 2000 7.75%

November 1, 2000 — November 30, 2000 7.75%

December 1, 2000 — December 31, 2000 7.75%

January 1, 2001 — January 31, 2001 7.75%

Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa Department of Economic Development adopts Chapter 66, “Assistive Device Tax Credit,” Iowa Administrative Code.

The new rules implement the assistive device tax credit for small businesses as authorized by 2000 Iowa Acts, chapter 1194, section 11. The rules establish program guidelines, criteria for eligibility, certification requirements, and application procedures for the issuance of Certificates of Entitlement for the assistive device tax credit.

Notice of Intended Action was published in the Iowa Administrative Bulletin on October 18, 2000, as ARC 0194B.

A public hearing to receive comments about the new chapter was held on November 7, 2000. Written comments were submitted by the Department of Revenue and Finance (DRF). As a result of the comments, one revision was made to therules. The proposed definition of “employee” included an individual with a disability who is self–employed. DRF expressed the concern that this definition went beyond statutory authority and expressed the opinion that corrective legislation would be needed to include self–employed individuals in the definition of “employee.” Upon further review, the Department concurred with this assessment. In the final rules self–employed individuals are not eligible to receive assistance under this program. The definition reads as follows: “‘Employee’ or ‘employed’ means an individual with a disability and whose business qualifies as a small business.”

The Department finds, pursuant to Iowa Code section 17A.5(2)“b”(2), that the normal effective date of the rules, 35 days after publication, should be waived and the rules be made effective on December 22, 2000. These rules confer a benefit on the public by providing a tax credit to small businesses that make workplace modifications for an individual with a disability that is employed or will be employed by the business.

The Department is taking the following steps to notify potentially affected parties of the effective date of the rules: publishing the final rules in the Iowa Administrative Bulletin, providing free copies on request, and having copies available wherever requests for information about the program are likely to be made.

The Iowa Department of Economic Development Board adopted the rules on December 21, 2000.

These rules became effective on December 22, 2000.

These rules are intended to implement 2000 Iowa Acts, chapter 1194, section 11.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Ch 66] is being omitted. With the exception of the change noted above, these rules are identical to those published under Notice as ARC 0194B, IAB 10/18/00.

[Filed Emergency After Notice 12/22/00, effective 12/22/00]
[Published 1/10/01]

[For replacement pages for IAC, see IAC Supplement 1/10/01.]

Pursuant to the authority of the Iowa Code section 18.4, the Department of General Services hereby rescinds Chapter 3, “State Communications,” Iowa Administrative Code.

Responsibility for telecommunications cabling, full–time equivalent positions, funding for such positions, and funds in the telecommunications and electric cabling revolving fund account were transferred from the Department of General Services to the Iowa Telecommunications and Technology Commission effective July 1, 1999, pursuant to 1999 Iowa Acts, chapter 207, sections 9 and 10.

In compliance with Iowa Code section 17A.4(2), the Director finds that notice and public participation are unnecessary. This finding is based on the fact that a statutory change removed responsibility for this function from the Department of General Services.

In compliance with Iowa Code section 17A.5(2)“b”(2), the Director finds that rescinding the chapter confers a benefit by ensuring that the administrative rules will accurately reflect the statutory assignment of responsibility for telecommunications wiring on the Capitol Complex.

This amendment is intended to implement 1999 Iowa Acts, chapter 207, sections 8 and 9.

This amendment will become effective January 5, 2001.

The following amendment is adopted.

Rescind and reserve 401—Chapter 3.

[Filed Emergency 12/22/00, effective 1/5/01]

[Published 1/10/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 1/10/01.

Pursuant to the authority of Iowa Code sections 217.6 and 249A.4 and 2000 Iowa Acts, chapter 1228, section 13, subsection 1, and section 44, the Department of Human Services hereby amends Chapter 51, “Eligibility,” Chapter 52, “Payment,” and Chapter 75, “Conditions of Eligibility,” appearing in the Iowa Administrative Code.

These amendments implement the annual adjustment in the maximum amount of resources to be attributed to the community spouse and the amount used for determining the community spouse’s maintenance needs and the following changes to the State Supplementary Assistance Program:

• Pass along the January 1, 2001, Supplemental Security Income (SSI) cost–of–living adjustment increases.

The Department received confirmation from the Department of Health and Human Services (DHHS) that the social security cost–of–living increase which will become effective January 1, 2001, is established at 3.5 percent. The Department has decided to pass along this increase to recipients of State Supplementary Assistance. Therefore, the SSI increase of $18 for an individual results in an increase in the total allowance in a family life home from $594.20 to $612.20. Individuals in family life homes will receive the same personal needs allowance as residents in residential care facilities. The benefit rate for an essential person increased by $9 from $257 to $266 resulting in the same increase for a dependent person.

• Increase the personal needs allowance for residents of residential care facilities. The Seventy–eighth General Assembly in 2000 Iowa Acts, chapter 1228, section 13, subsection 1, required the Department to increase the personal needs allowance for residents of residential care facilities (RCFs) by the same percentage and at the same time as federal Supplemental Security Income and federal social security benefits are increased due to a recognized increase in the cost of living. At present, residents of RCFs receive a total personal needs allowance of $73, of which $66.80 is for personal expenses and $5.48 is for Medicaid copayment expenses. A 3.5 percent increase in the personal expenses part of the allowance increases that part of the allowance to $69.14. This amount added to the average copayment expense of $5.90 totals $75.04. Thus, the personal needs allowance is rounded to $75 effective January 1, 2001.

The maximum amount of resources to be attributed to a community spouse and the maintenance needs of a community spouse are indexed annually by the consumer price index. The Department has received confirmation from DHHS that the maximum amount of resources to be attributed to the community spouse has increased from $84,120 to $87,000 and the maintenance needs of the community spouse have increased from $2,103 to $2,175.

The Department of Human Services finds that notice and public participation are impracticable and contrary to the public interest. These amendments merely pass along an increase established at the federal level and by state statute. If the Department were to follow regular rule–making procedures, it would be several months before the public would feel the benefits of these amendments. Therefore, these amendments are filed pursuant to Iowa Code section 17A.4(2).

These amendments are published herein under Notice of Intended Action as ARC 0373B to allow for public comment.

The Department finds that these amendments confer a benefit on the public by passing along the SSI increase to state supplementary assistance recipients and by increasing the maximum amount of resources to be attributed to the community spouse, the maintenance needs of the community spouse, and the personal needs allowance for residents of residential care facilities. 2000 Iowa Acts, chapter 1228, section 13, subsection 1, and section 44, allow the increase in the personal needs allowance to be effective immediately upon filing unless a later date is specified. Therefore, these amendments are filed pursuant to Iowa Code sections 17A.5(2)“b”(1) and 17A.5(2)“b”(2).

The amendments dealing with the cost–of–living increases do not provide for any waivers in specified situations because the amendments confer a benefit on those affected and were mandated by the General Assembly for all. There is no provision to provide a waiver of the attribution amounts as everyone should be subject to the same amounts set by these amendments. Individuals may request an exception of the attribution amounts under the Department’s general rule on exceptions at rule 441—1.8(217).

The Council on Human Services adopted these amendments December 14, 2000.

These amendments are intended to implement Iowa Code sections 249.3, 249.4, and 249A.4 and 2000 Iowa Acts, chapter 1228, section 13, subsection 1.

These amendments became effective January 1, 2001.

The following amendments are adopted.

ITEM 1. Amend subrule 51.4(1) as follows:

51.4(1) Income. Income of a dependent relative shall be less than $257 $266. When the dependent’s income is from earnings, an exemption of $65 shall be allowed to cover work expense.

ITEM 2. Amend rule 441—51.7(249) as follows:

441—51.7(249) Income from providing room and board. In determining profit from furnishing room and board or providing family life home care, $257 $266 per month shall be deducted to cover the cost, and the remaining amount treated as earned income.

This rule is intended to implement Iowa Code sections 249.3 and 249.4.

ITEM 3. Amend rule 441—52.1(249) as follows:

Amend subrules 52.1(1) and 52.1(2) as follows:

52.1(1) Protective living arrangement. The following assistance standards have been established for state supplementary assistance for persons living in a protective living arrangement:

Family life home certified under rules in 441—Chapter 111.

52.1(2) Dependent relative. The following assistance standards have been established for state supplementary assistance for dependent relatives residing in a recipient’s home.

Amend subrule 52.1(3), paragraph “a,” subparagraph (2), as follows:

(2) Effective January 1, 2000 January 1, 2001, a $73 $75 allowance to meet personal expenses and Medicaid copayment expenses.

ITEM 4. Amend subrule 75.5(3), paragraph “d,” as follows:

d. Method of attribution. The resources attributed to the institutionalized spouse shall be one–half of the documented resources of both the institutionalized and community spouse as of the first moment of the first day of the month of the spouse’s first entry to a medical facility. However, if one–half of the resources is less than $24,000, then $24,000 shall be protected for the community spouse. Also, when one–half the resources attributed to the community spouse exceeds $84,120 $87,000, the amount over $84,120 $87,000 shall be attributed to the institutionalized spouse. (The maximum limit shall be indexed annually by the consumer price index.)

If the institutionalized spouse has transferred resources to the community spouse under a court order for the support of the community spouse, the amount transferred shall be the amount attributed to the community spouse if it exceeds the specified limits above.

ITEM 5. Amend subrule 75.16(2), paragraph “d,” subparagraph (3), as follows:

(3) Needs of spouse. The maintenance needs of the spouse shall be determined by subtracting the spouse’s gross income from $2,103 $2,175. (This amount shall be indexed for inflation annually according to the consumer price index.)

However, if either spouse established through the appeal process that the community spouse needs income above $2,103 $2,175, due to exceptional circumstances resulting in significant financial duress, an amount adequate to provide additional income as is necessary shall be substituted.

Also, if a court has entered an order against an institutionalized spouse for monthly income to support the community spouse, then the community spouse income allowance shall not be less than this amount.

[Filed Emergency 12/14/00, effective 1/1/01]

[Published 1/10/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 1/10/01.

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

The Council on Human Services adopted these amendments December 14, 2000. Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on September 20, 2000, as ARC 0130B.

The Seventy–eighth General Assembly directed the Department to work with county representatives in aggressively taking the steps necessary to implement the rehabilitation option for services to persons (adults) with chronic mental illness under the Medical Assistance Program. The General Assembly further directed that county funding shall be used to provide the match for the federal funding, except for individuals with state case status, for whom state funding shall provide the match.

These rules implement a new Medicaid service for rehab–ilitation services to adults with chronic mental illness as mandated by the General Assembly. In order to receive these services, Medicaid recipients must be 18 years of age or older and have a persistent mental or emotional disorder that seriously impairs their functioning relative to primary aspects of daily living. The services must be reasonable and necessary and rehabilitative, not habilitative in nature. The need for services must be documented by the recipient’s case planner in a comprehensive treatment plan developed in coordination with an interdisciplinary team prior to the receipt of services. The need for services must be reviewed and approved every 180 days.

The services available under rehabilitation services to adults with chronic mental illness include rehabilitation support services and day program services.

Rehabilitation support services are services that address mental and functional disabilities that negatively affect integration and stability in the community and quality of life and reduce or manage those symptoms of or behaviors resulting from mental illness that interfere with a person’s ability to obtain or retain employment or to function in other nonwork, role–appropriate settings. Rehabilitation support services are limited to the following:

• Community living skills training services. These services are age–appropriate skills training or supportive interventions that focus on the improvement of communication skills, appropriate interpersonal behaviors, and other skills necessary for independent living or, when age–appropriate, for functioning effectively with family, peers, and teachers. Training for independent living may include, but is not limited to, skills related to personal hygiene, household tasks, transportation use, money management, the development of natural supports, access to needed services in the community (e.g., medical care, dental care, legal services), living accommodations, and social skills (e.g., communicating one’s needs and making appropriate choices for the use of leisure time).

• Employment–related services. These services are age–appropriate training and supports that are not job– or task–specific and have as their focus the development of skills to reduce and manage the symptoms of mental illness that interfere with the person’s ability to make vocational choices and to attain or retain employment. Included are activities such as skills training related to task focus, maintaining concentration, task completion, planning and managing activities to achieve outcomes, personal hygiene, grooming, communication, and skills training related to securing appropriate clothing, developing natural supports, and arranging transportation. Also included are supportive contacts in an educational setting on or off the work site to reduce or manage behaviors or symptoms related to the individual’s mental illness that interfere with job performance or progress toward the development of skills that would enable the individual to obtain or retain employment.

Day program services are limited to the following:

• Day program for skills training. These services are age–appropriate and site–appropriate services provided to persons who require skills training to increase integration and stability in the community, establish support networks, increase the persons’ awareness of the community, develop coping strategies, and function effectively in their social environment. Services shall concentrate on skills training activities focusing on symptom management, independent living, self–reliance, general employment interventions, impulse control, and effective interactions with peers, family, and teachers.

• Day program for skills development. These services are age–appropriate, site–based services provided to persons who are in need of day program services to ensure personal well–being, to limit skill deterioration, to promote skill development, and to reduce the risk of or duration of institutionalization. Services focus on the development of functional skills, symptom management and reduction, nursing services, and training in activities of daily living, such as skills related to the development of age–appropriate interests and personal care skills.

The following providers may be enrolled in Medicaid to provide rehabilitation services to persons with chronic mental illness: physicians (doctors of medicine and osteopathy) licensed to practice in Iowa, community mental health centers, psychologists, residential care facilities, supported employment service providers, supported community living providers, adult day care providers, and providers of other mental health services. Services must be provided under the supervision of a physician or psychologist. Services may be delivered by a paraprofessional or licensed professional through a contract with or employment by an enrolled provider.

These rules were developed with the assistance of an adult rehabilitation option workgroup consisting of county supervisors, central point of coordination administrators, representatives from the Iowa State Association of Counties, providers, consumers, and Department staff.

It is anticipated that most counties will support this service, as the counties will be able to draw down matching federal funds for services for which they are already paying. However, a few counties may not support the service as they do not have any current expenditures and do not have any money budgeted. Adults with chronic mental illness and their advocates should be very supportive of this service as making this service a Medicaid service creates an entitlement to the service for Medicaid recipients if the service is necessary.

These amendments do not provide for waiver in specified situations because they confer a benefit by providing for coverage of and payment for these services. Waivers of particular requirements may be requested pursuant to the Department’s general rule on exceptions to policy at 441— 1.8(17A,217).

Eight public hearings were held around the state. Sixteen persons attended. The following revisions were made to the Notice of Intended Action in response to public comments and input from the adult rehabilitation workgroup:

Subrule 77.42(1), paragraph “e,” was revised to add an accreditation entity for supported employment service providers, and a new paragraph “g” was added to include adult day care providers as a new provider category.

Subrule 78.48(1), definition of “case planner,” was revised to provide that, in addition to the other qualifications specified, the case planner is designated by the recipient and is a targeted case manager enrolled in the Iowa Medicaid program or is qualified to enroll as such, but may not have a financial interest in any services being rendered as specified in the comprehensive plan. (Note: The change to the definition of “case planner” and adding “designated by the recipient” and others who could enroll as such also reflects internal Department and Health Care Financing Administration (HCFA) review.) The definition of “crisis” was deleted in response to public comment that the definition was too narrow and since it related to a service category that was also deleted. Definitions were added for “habilitative services” and “rehabilitative services.” The definition of “licensed professional” was revised to add a psychologist who is licensed in Iowa but who does not qualify as a licensed practitioner of the healing arts. The definition of “paraprofessional” was revised to provide that a paraprofessional may also be supervised by a licensed professional or enrolled provider of rehabilitation services for adults with chronic mental illness. The definition of “peer support counselor” was revised to provide that the peer support counselor is not limited to a paraprofessional and to expand who could supervise and certify the peer support counselor’s training.

Subrule 78.48(2), paragraph “b,” was revised by replacing the words “in behavioral health care” with “for the rehabilitation service being provided” for clarification of meaning. In paragraph “c,” the word “available” was added to the phrase “least restrictive setting” when describing where services must be provided. Paragraph “d,” subparagraph (1), was revised to apply only to licensed professionals providing services as allowed under their scope and licensure. A new subparagraph (2) was added to paragraph “d” to deal specifically with paraprofessionals, providing that they may render services under the supervision of an LPHA, licensed professional, or enrolled provider of rehabilitation services to adults with chronic mental illness. A new subparagraph (4) was also added to paragraph “d” to deal specifically with residential care facilities, supported employment providers, supported community living providers, or adult day care providers that would not be enrolled directly, but that would render services through a contract with an enrolled provider.

Subrule 78.48(3) was revised to add a provision that the case planner is designated by the recipient, based on Department and HCFA review. Paragraph “e” was revised to remove the requirement that the LPHA approve the rehabilitative services in the comprehensive plan based on changes made elsewhere in the rules. Paragraph “f,” subparagraph (3), was revised to remove the requirement that the CPC be provided with any information regarding any changes in the services approved by the LPHA as the language was redundant and no longer relevant or appropriate based on the changes made to subrule 78.48(4).

Subrule 78.48(4), paragraph “a,” was revised to replace the requirement that the LPHA approve services with language that the LPHA must certify the recipient’s diagnosis of chronic mental illness and the need for rehabilitation services. Paragraph “b” was revised to indicate the LPHA shall review and approve the recipient’s continued need at least annually or more frequently if conditions warrant.

Subrule 78.48(5) was revised to clarify that the recipient must have a need for rehabilitative services.

Subrule 78.48(6), paragraph “a,” was revised by renaming “community support services” as “rehabilitation support services” to avoid confusion and conflict with the Iowa Plan service “community support services” and by deleting “symptom management and support services” as they are covered under the Iowa Plan community support services.

Subrule 78.48(8), paragraph “e,” was revised to add the word “targeted” to describe case management services and to substitute a generic reference for the Iowa Plan for Behavioral Care and to add a new paragraph to address and clarify how the services of a case planner are paid relative to rehabilitation services for adults with chronic mental illness.

Subrule 79.1(2) was revised to reflect the changes in subrule 78.48(6).

Subrule 79.1(19) was revised to clarify the use of an interim payment rate.

The following revisions were made to the Notice of Intended Action following internal Department review:

Subrule 77.42(1), introductory paragraph, was revised to clarify the limited purpose of enrollment of the listed providers and a new paragraph “g” was added to add providers of other mental health services accredited pursuant to 441— Chapter 24 as a new provider category.

A new item was added which adopts new paragraph “i” in subrule 79.14(1) to specify the form to be used to apply for enrollment as a provider of rehabilitation services for adults with chronic mental illness.

The Department finds that these amendments confer a benefit on adult Medicaid recipients with chronic mental illness by allowing them to access these services. These amendments will also allow counties to draw down matching federal funds for services for which they are already paying 100 percent of the costs. Therefore, these amendments are adopted pursuant to Iowa Code section 17A.5(2)“b”(2).

These amendments are intended to implement Iowa Code section 249A.4 and 2000 Iowa Acts, chapter 1228, section 8, subsection 11.

These amendments became effective January 1, 2001.

The following amendments are adopted.

ITEM 1. Amend 441—Chapter 77 by adopting the following new rule:

441—77.42(249A) Rehabilitation services to adults with chronic mental illness providers. Providers listed in this rule are eligible to participate in the Medicaid program for the provision of rehabilitation services to adults with chronic mental illness. All providers of rehabilitation services to adults with chronic mental illness shall provide services consistent with their scope of practice, state licensure, and applicable requirements in this rule and rule 441—78.48(249A).

77.42(1) Eligible providers. The following providers may provide rehabilitation services to adults with chronic mental illness and enroll for this purpose under the provider category “rehabilitation services for adults with chronic mental illness”:

a. Physicians (doctors of medicine and osteopathy) licensed to practice in the state of Iowa. Physicians in other states are also eligible if duly licensed to practice in that state.

b. Community mental health centers accredited pursuant to 441—Chapter 24.

c. Psychologists licensed to practice in Iowa and who meet the standards of the National Register of Health Service Providers in Psychology, 1981 edition, published by the council for the National Register of Health Service Providers in Psychology. Psychologists in other states are eligible to participate when they are duly licensed to practice in that state and meet the standards of the National Register of Health Service Providers in Psychology.

d. Residential care facilities licensed by the department of inspections and appeals.

e. Supported employment service providers accredited by the Commission on Accreditation of Rehabilitation Facilities (CARF), certified to provide services under the HCBS waiver program pursuant to rule 441—77.37(249A) or 441—77.39(249A), or accredited by the Council on Quality and Leadership in Supports for People with Disabilities (the Council).

f. Supported community living providers accredited pursuant to 441—Chapter 24 or certified to provide services under the HCBS waiver program pursuant to rule 441— 77.37(249A) or 441—77.39(249A).

g. Adult day care providers accredited by the Commission on Accreditation of Rehabilitation Facilities (CARF) or the Council on Quality and Leadership in Supports for People with Disabilities (the Council).

h. Providers of other mental health services accredited pursuant to 441—Chapter 24.

77.42(2) Additional requirements. Providers of rehabil–itation services to adults with chronic mental illness shall:

a. Request criminal history record information on all employees and applicants to whom an offer of employment is made, as required by Iowa Code section 135C.33(5), and

b. Certify that any services delivered by either a para–professional or a licensed professional, as defined at 441— subrule 78.48(1), through a contract with or employment by the enrolled provider shall comply with the requirements that are applicable to the enrolled provider under this rule.

This rule is intended to implement Iowa Code section 249A.4 and 2000 Iowa Acts, chapter 1228, section 8, subsection 11.

ITEM 2. Amend 441—Chapter 78 by adopting the following new rule:

441—78.48(249A) Rehabilitation services for adults with chronic mental illness. Subject to the requirements of this rule, payment shall be approved for the services listed in subrule 78.48(6) when provided to adults with a chronic mental illness. These services must be rehabilitative in nature and may not be primarily habilitative. Services must be designed to promote integration and stability in the community, quality of life, and the person’s ability to obtain or retain employment or to function in other nonwork, role–appropriate settings.

78.48(1) Definitions.

“Adult” means a person 18 years of age or older.

“Adults with chronic mental illness” means adults with a persistent mental or emotional disorder that seriously impairs their functioning relative to primary aspects of daily living such as personal relations, living arrangements, or employment. Adults with chronic mental illness typically meet at least one of the following criteria:

1. Have undergone psychiatric treatment more intensive than outpatient care, more than once in a lifetime (e.g., emergency services, alternative home care, partial hospitalization or inpatient hospitalization).

2. Have experienced at least one episode of continuous, structured supportive residential care other than hospitalization.

3. In addition, these persons typically meet at least two of the following criteria on a continuing or intermittent basis for at least two years:

• Are unemployed, or employed in a sheltered setting, or have markedly limited skills and a poor work history.

• Require financial assistance for out–of–hospital maintenance and may be unable to procure this assistance without help.

• Show severe inability to establish or maintain a personal social support system.

• Require help in basic living skills.

• Exhibit inappropriate social behavior that results in demand for intervention by the mental health or judicial system.

In atypical instances, a person who varies from the above criteria could still be considered to be a person with chronic mental illness.

Notwithstanding the foregoing, for the purposes of this rule persons with mental disorders resulting from Alzheimer’s disease or substance abuse shall not be considered chronically mentally ill.

“Case planner” means an individual, designated by the recipient, performing the functions described under subrule 78.48(3) who is a targeted case manager enrolled in the Iowa Medicaid program or who has the qualifications to enroll as such, but who does not have a financial interest in any services being rendered as specified in the comprehensive plan, and who meets one of the following qualifications:

1. Has a bachelor’s degree with 30 semester hours or equivalent quarter hours in a human services field and at least one year of experience in the delivery of services to the population groups served.

2. Has an Iowa license to practice as a registered nurse and at least three years of experience in the delivery of services to the population groups served.

“Central point of coordination (CPC)” is defined as in rule 441—25.11(331).

“Comprehensive plan” means a written plan of care completed by the recipient’s case planner as to that recipient’s need for services including identification of the rehabilitative service needs related to the recipient’s chronic mental illness.

“Department” means the Iowa department of human services or its designee.

“Direct contact” means a provider’s face–to–face interaction with a person for the delivery of a rehabilitative service.

“Habilitative services” means services designed to assist individuals in acquiring skills that they never had, as well as associated training to acquire self–help, socialization, and adaptive skills necessary to reside successfully in a home or community setting.

“Legal representative” means a person authorized by law to act on behalf of a person with regard to a matter described in this rule.

“Licensed practitioner of the healing arts” or “LPHA” means a person enrolled as a Medicaid provider who is:

1. A physician (M.D. or D.O.); or

2. A psychologist who meets the standards of the National Register of Health Service Providers in Psychology, 1981 edition, published by the council for the National Register of Health Service Providers in Psychology.

“Licensed professional” means one of the following professionals licensed under Iowa law and who is employed by an enrolled Medicaid provider, under contract with a Medicaid provider, or employed by a professional association or institution of higher learning under contract with a Medicaid provider:

1. Mental health counselor.

2. A bachelor, master, or independent social worker.

3. Registered nurse.

4. Advanced registered nurse practitioner.

5. Physician assistant.

6. A psychologist who does not qualify as a licensed practitioner of the healing arts.

“Medicaid provider” means an individual or entity with which the Iowa Medicaid program has a provider agreement to provide rehabilitation services consistent with this rule.

“Paraprofessional” means a person who:

1. Is not a licensed practitioner of the healing arts (LPHA) or a licensed professional.

2. Provides services consistent with the rehabilitation component of a comprehensive plan for the recipient and under the supervisory oversight of an LPHA, licensed professional, or enrolled provider of rehabilitation services for adults with chronic mental illness.

3. Has demonstrated competency in delivering the rehabilitative services in accordance with the standards of a nationally recognized organization offering training in the area in which the paraprofessional delivers services, as certified by the supervising LPHA, licensed professional, or enrolled provider of rehabilitation services for adults with chronic mental illness.

4. Delivers the services through employment by or a contract with a provider enrolled in the Medicaid program.

“Peer support counselor” means a person who has been diagnosed with a chronic mental illness, who provides counseling and support services to other adults with the same or a similar diagnosed mental illness and who meets the following requirements:

1. Has completed peer counseling and support training, as certified by the supervising LPHA, licensed professional, or enrolled provider of rehabilitation services for adults with chronic mental illness.

2. Abides by the ethical guidelines and requirements applicable to a licensed mental health counselor as reflected in the National Board for Certified Counselors code of ethics including, but not limited to, guidelines regarding patient confidentiality, nonfraternization with patients, and mandatory abuse reporting requirements.

3. Provides services consistent with the rehabilitation component of a comprehensive plan for the recipient and under the supervisory oversight of an LPHA, licensed professional, or enrolled provider of rehabilitation services for adults with chronic mental illness.

4. Has demonstrated competency in delivering the re–habilitative services in accordance with the standards of a nationally recognized organization offering training in the area in which the person delivers services, as certified by the supervising LPHA, licensed professional, or enrolled provider of rehabilitation services for adults with chronic mental illness.

5. Delivers the service through employment by or a contract with a provider enrolled in the Medicaid program.

“Rehabilitation services for adults with chronic mental illness” means the services listed under subrule 78.48(6).

“Rehabilitative necessity” and “rehabilitatively necessary” means services that are:

1. Reasonable and necessary;

2. Rehabilitative in nature and not habilitative;

3. Designed to promote a recipient’s integration and stability in the community and quality of life; and

4. Designed to promote a recipient’s ability to obtain or retain employment or to function in nonwork settings and address the symptoms of mental and functional disabilities and behaviors resulting from chronic mental illness that interfere with these activities.

“Rehabilitative services” means services designed to assist individuals in reacquisition and restoration of skills that have been lost or have deteriorated due to disease or injury, as well as associated retraining to reacquire self–help, socialization, and adaptive skills necessary to reside successfully in a home or community setting.

78.48(2) Requirements for covered services. Rehabilitation services for adults with chronic mental illness provided under Iowa Medicaid shall be limited to those services that are rehabilitatively necessary and that meet all of the requirements below. The rehabilitation service must be:

a. Included in a comprehensive plan developed as specified in subrule 78.48(3).

b. Consistent with professionally accepted guidelines and standards of practice for the rehabilitation service being provided.

c. Furnished in the most appropriate and least restrictive available setting in which the service can be safely provided and at the most appropriate level for the individual.

d. Provided by or through a provider enrolled in the Iowa Medicaid program. Medicaid providers may employ or contract with paraprofessionals or licensed professionals to deliver rehabilitation services to recipients, subject to the following conditions:

(1) Licensed professionals may provide the services only as allowed under their scope and licensure.

(2) Paraprofessionals may render services only under the supervision of an LPHA, a licensed professional, or an enrolled provider of rehabilitation services to adults with chronic mental illness.

(3) Services provided by a paraprofessional or licensed professional through a contract with or employment by an enrolled provider shall comply with the requirements that are applicable to the enrolled provider.

(4) Services delivered by a residential care facility, supported employment provider, supported community living provider, or adult day care provider through a contract with an enrolled provider of rehabilitation services to adults with chronic mental illness, where these providers are not enrolled themselves, shall comply with the requirements that are applicable to the enrolled provider.

(5) Peer support counseling may be provided only by a “peer support counselor.”

78.48(3) Comprehensive treatment plan. A comprehensive treatment plan that includes a rehabilitation service component must be developed by a case planner as designated by the recipient in coordination with an interdisciplinary team before a recipient receives rehabilitation services. The following limitations and requirements shall apply:

a. A written assessment of need shall be made by the recipient’s case planner as to the recipient’s need for services, including identification of the rehabilitation service needs related to the recipient’s chronic mental illness.

b. The comprehensive plan shall be developed by a case planner designated by the recipient or the recipient’s legal representative and shall be based upon an assessment of the following:

(1) The social, cultural, and other factors which may affect the recipient’s ability to maintain the current level of functioning or achieve a higher level of functioning.

(2) The recipient’s current level of functioning and any barriers to maintaining the current or achieving a higher level of functioning.

(3) The appropriate services and service settings necessary to assist the recipient to maintain the current or achieve a higher level of functioning.

c. The interdisciplinary team shall include all persons or providers whose participation is necessary and appropriate relative to the recipient’s needs and situation, as determined by the case planner.

d. The comprehensive plan shall include or identify the following:

(1) Individualized goals for the recipient.

(2) Objectives for the recipient specific to the recipient’s individual needs and in the form of measurable and time–limited statements of what is to be accomplished.

(3) The specific services to be provided to the recipient that will achieve the stated goals and objectives.

(4) The providers, agencies or other persons who will be responsible for providing the indicated services.

(5) The date of service initiation and the anticipated duration of services.

(6) The persons legally authorized to act on behalf of the recipient, when applicable.

e. The case planner shall assist the recipient to obtain all the services identified in the comprehensive plan. This shall include securing initial and continuing approval by an LPHA as required for Medicaid funding under subrule 78.48(4) for rehabilitation services. The case planner shall also provide the CPC for the county with financial responsibility for the recipient with information regarding the rehabilitative services in the comprehensive plan for service–tracking purposes.

f. The case planner shall monitor the services and service settings identified in the comprehensive plan to ensure that they continue to be necessary and appropriate and shall communicate with the interdisciplinary team regarding these issues. The case planner shall:

(1) Do a quarterly face–to–face review of the recipient’s progress toward achieving the goals and objectives in the comprehensive plan.

(2) Review the recipient’s level of functioning and continued need for the services at least annually, or more frequently if the recipient’s conditions warrant. This review shall be based on the quarterly determinations required by subparagraph (1) above. The comprehensive plan shall be revised based on the results of this review and using the process set forth in paragraph 78.48(3)“b.”

(3) Inform the CPC for the county with financial responsibility for the recipient of any changes made in the rehabil–itation services included in the recipient’s comprehensive plan.

78.48(4) Approval of rehabilitation services by an LPHA.

a. As a condition of Medicaid reimbursement for rehab–ilitation services, an LPHA must certify the recipient’s diagnosis of chronic mental illness and the recipient’s need for rehabilitation services.

b. As a condition of ongoing Medicaid funding for re–habilitation services, the LPHA shall review and approve the recipient’s continued need at least annually, or more frequently if conditions warrant.

78.48(5) Individual eligibility for rehabilitation services. In order for individuals to be eligible for rehabilitation services, the individuals must meet the definition of “adults with a chronic mental illness” and have a need for rehabilitation services.

78.48(6) Services. Rehabilitation services for adults with chronic mental illness are limited to the following:

a. Rehabilitation support services. Rehabilitation support services are services that address mental and functional disabilities that negatively affect integration and stabilityin the community or quality of life and that reduce or manage those symptoms of or behaviors resulting from mentalillness that interfere with a person’s ability to obtain or re–tain employment or to function in other nonwork, role–appropriate settings. Rehabilitation support services are limited to the following:

(1) Community living skills training services. These services are age–appropriate skills training or supportive interventions that focus on the improvement of communication skills, appropriate interpersonal behaviors, and other skills necessary for independent living or, when age–appropriate, for functioning effectively with family, peers, and teachers. Training for independent living may include, but is not limited to, skills related to personal hygiene, household tasks, transportation use, money management, the development of natural supports, access to needed services in the community (e.g., medical care, dental care, legal services), living accommodations, and social skills (e.g., communicating one’s needs and making appropriate choices for the use of leisure time).

(2) Employment–related services. These services are age–appropriate training and supports that are not job– or task–specific and have as their focus the development of skills to reduce and manage the symptoms of mental illness that interfere with the person’s ability to make vocational choices and to attain or retain employment. Included are activities such as skills training related to task focus, maintaining concentration, task completion, planning and managing activities to achieve outcomes, personal hygiene, grooming, communication, and skills training related to securing appropriate clothing, developing natural supports, and arranging transportation. Also included are supportive contacts in an educational setting on or off the work site to reduce or manage behaviors or symptoms related to the individual’s mental illness that interfere with job performance or progress toward the development of skills that would enable the individual to obtain or retain employment.

b. Day program services. Day program services are limited to the following:

(1) Day program for skills training. These services are age–appropriate and site–appropriate services provided to persons who require skills training to increase integration and stability in the community, establish support networks, increase the persons’ awareness of the community, develop coping strategies, and function effectively in their social environment. Services shall concentrate on skills training activities focusing on symptom management, independent living, self–reliance, general employment interventions, impulse control, and effective interactions with peers, family, and teachers.

(2) Day program for skills development. These services are age–appropriate, site–based services provided to persons who are in need of day program services to ensure personal well–being, to limit skill deterioration, to promote skill development, and to reduce the risk of or duration of institutionalization. Services focus on the development of functional skills, symptom management and reduction, nursing services, and training in activities of daily living, such as skills related to the development of age–appropriate interests and personal care skills.

78.48(7) Service location. Rehabilitation services for adults with a chronic mental illness must be provided in a service location that is consistent with the rehabilitation component of the recipient’s comprehensive plan.

78.48(8) Excluded services. Rehabilitation services for adults with a chronic mental illness do not include any of the following:

a. Services to persons under 65 years of age residing in institutions for mental diseases as defined in 42 CFR 435.1009(2) as amended November 10, 1994.

b. Job– and task–specific vocational services.

c. Services which are solely educational in nature.

d. Room and board.

e. Services that are otherwise covered by the Iowa Medicaid program or that are an integral and inseparable part of another Medicaid–reimbursable service including, but not limited to, targeted case management services, institutional services, HCBS waiver services, or services under a behavioral health managed care program.

The services of a case planner under subrule 78.48(3) are not separately payable as a rehabilitation service for adults with chronic mental illness. Case planners under subrule 78.48(3) may be separately reimbursed under the existing Medicaid “case manager” provider type. Any person performing the functions of a case planner under subrule 78.48(3) who meets the definition of a case planner and who is not otherwise currently enrolled in Iowa Medicaid as a case manager may enroll for this purpose. The reimbursement methodology for case planners under subrule 78.48(3) will be the same as the reimbursement methodology for targeted case managers under rule 441—78.33(249A) and 441—subrule 79.1(2).

f. Inpatient hospital services.

g. Respite services.

h. Family support services.

i. Services that are not in the person’s comprehensive plan.

j. Any services not provided directly to the eligible recipient.

This rule is intended to implement Iowa Code section 249A.4 and 2000 Iowa Acts, chapter 1228, section 8, subsection 11.

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

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

Adopt the following new subrule:

79.1(19) Reimbursement for rehabilitation services for adults with chronic mental illness.

a. Reimbursement methodology. Providers are reimbursed on the basis of a unit–of–service rate calculated retrospectively for each participating provider based on reasonable and proper costs of operation with suitable retroactive adjustments based on submission of Form 470–0664, Financial and Statistical Report, and Form 470–3449, Supplemental Schedule, by the provider. The retroactive adjustment represents the difference between the amount received by the provider through an interim rate during the year for covered services and the amount determined in accordance with an accepted method of cost apportionment (as specified in OMB Circular A–87) to be the actual cost of service rendered to medical assistance recipients.

b. County payment. Pursuant to 2000 Iowa Acts, chapter 1228, section 8, subsection 11, county funding shall be used to provide the nonfederal share of funding for rehabilitation services to adults with chronic mental illness for whom a county is financially responsible. State funding shall be used to provide the nonfederal share of funding for persons with state case status.

ITEM 4. Amend subrule 79.14(1) by adopting the following new paragraph “i”:

i. Rehabilitation services providers for adults with chronic mental illness shall submit Form 470–3819, Rehabil–itation Services for Adults with Chronic Mental Illness Provider Application.

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

ap. Providers of rehabilitation services to adults with a chronic mental illness shall submit claims on Form HCFA–1500, Health Insurance Claim Form. Services of paraprofessionals, as defined at 441—subrule 78.48(1), who are not of a provider category able to enroll, shall be billed through an enrolled provider using Form HCFA–1500, Health Insurance Claim Form.

[Filed Emergency After Notice 12/14/00, effective 1/1/01]

[Published 1/10/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 1/10/01.

Pursuant to the authority of Iowa Code section 505.8, the Insurance Division hereby amends Chapter 5, “Regulation of Insurers—General Provisions,” Iowa Administrative Code.

This rule adopts a comprehensive guide to statutory accounting principles promulgated by the National Association of Insurance Commissioners referred to as the Accounting Practices and Procedures Manual. Additionally, the proposed rule adopts by reference the annual statement instructions promulgated by the National Association of Insurance Commissioners.

Notice of Intended Action was published in the Iowa Administrative Bulletin on August 23, 2000, as ARC 0073B. No public comment was received regarding this rule.

The Insurance Division finds that this rule provides a uniform basis of accounting for insurance companies doing business in this state and must be effective on January 1, 2001. Therefore, this rule is adopted and filed on an emergency basis pursuant to Iowa Code section 17A.5(2)“b”(2).

This rule is identical to that published under Notice of Intended Action.

This rule is intended to implement Iowa Code sections 508.11(43), 512B.24, 514.9, 514B.12, 515.63, and 520.10.

This rule became effective January 1, 2001.

The following new rule is adopted.

5.15(1) Purpose. The purpose of this rule is to adopt the National Association of Insurance Commissioners’ accounting practices and procedures manual which has been revised to provide a comprehensive guide to statutory accounting principles, commonly referred to as the “codification project.” Additionally, the rule adopts by reference the annual statement instructions promulgated by the National Association of Insurance Commissioners.

5.15(2) Financial statements. Effective January 1, 2001, all information reflected in the financial statements of insurance companies authorized to do business in Iowa shall conform with the accounting practices and procedures manual of the National Association of Insurance Commissioners.

All annual financial statements filed with the commissioner shall conform to the annual statement instructions and manuals promulgated by the National Association of Insurance Commissioners.

This rule is intended to implement Iowa Code sections 508.11(43), 512B.24, 514.9, 514B.12, 515.63 and 520.10.

[Filed Emergency After Notice 12/14/00, effective 1/1/01]

[Published 1/10/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 1/10/01.

Pursuant to the authority of Iowa Code sections 17A.3(1)“b,” 16.5(17) and 7C.12, the Executive Director of the Iowa Finance Authority (Authority) amends Chapter 8, “Private Activity Bond Allocation,” Iowa Administrative Code.

These amendments provide a process for receiving applications for the state ceiling of private activity bonds. The process permits applicants to apply for an allocation of the state ceiling for a given calendar year by submitting applications prior to the first business day of the year. Applications so received will be treated as having been received on the first business day of the calendar year. This procedure will allow the Authority to treat all applications submitted before the first business day of the calendar year as though they were received simultaneously, so that applicants will not be forced to line up outside the Authority’s office the night before the first business day of the year in order to file their applications with the Authority. These amendments set forth a procedure for determining the order of preference for allocation of the state ceiling that the simultaneously received applications will receive in the event applicants seek more bond allocation than is available under the state ceiling.

The Authority adopted these amendments on December 20, 2000. Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on November 15, 2000, as ARC 0286B. A public hearing was held on December 5, 2000. No comments were received. These amendments are identical to those published under Notice of Intended Action.

The Authority finds that these amendments confer a benefit on the public by providing for a clear and orderly process for the allocation of certain bonds. Therefore, these amendments are filed pursuant to Iowa Code section 17A.5(2)“b”(2).

These amendments are intended to implement Iowa Code chapter 7C and Internal Revenue Code Section 146.

These amendments became effective on December 20, 2000.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [8.1, 8.3 to 8.5, 8.9, 8.10] is being omitted. These amendments are identical to those published under Notice as ARC 0286B, IAB 11/15/00.

[Filed 12/20/00, effective 12/20/00]
[Published 1/10/01]

[For replacement pages for IAC, see IAC Supplement 1/10/01.]

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

These amendments rescind subrule 21.10(18) and adopt a new 21.10(18) to assist IPERS in administering the legislatively mandated requirement that certain beneficiaries who have already received preretirement death benefits on or after January 1, 1999, may repay the prior death benefit and receive either a new lump sum amount or a monthly annuity based on the new lump sum amount payable under the amended statute. Substantial changes to the previously filed subrule were also required in order to fully implement the new death benefit, including changes required as a result of discussions with IPERS’ legal counsel, IPERS’ actuary, and IPERS staff.

In addition, subrule 21.10(11) is amended to clarify that for deaths prior to retirement and before the effective date of 2000 Iowa Acts, chapter 1077, preretirement death benefits will continue to be calculated under the rules in effect at the date of death.

In compliance with Iowa Code section 17A.4(2), the Department finds that notice and public participation prior to implementation are impracticable, unnecessary, and contrary to the public interest, and that these amendments should be implemented immediately because the amendments revise IPERS’ current interpretations and applications of its governing statutes and rules in a manner which is either beneficial to members or required by statute to be effective January 1, 2001.

The Department also finds, pursuant to Iowa Code section 17A.5(2)“b”(1) and (2), that the normal effective date of the amendments should be waived and the amendments be made effective upon filing with the Administrative Rules Coordinator on December 21, 2000, because they confer benefits and remove restrictions, or are required by state or federal statute. In conjunction with the Notice of Intended Action also published herein, this filing will give interested persons adequate notice of the changes and an opportunity to respond.

There are no general waiver provisions in the amendments because the amendments fall into one of the following categories: (1) there was no specific waiver authority granted in the statute being implemented; or (2) the amendments confer benefits or remove limitations.

The Department adopted these amendments on December 21, 2000.

These amendments are also published herein under Notice of Intended Action as ARC 0390B to allow public comment.

These amendments are intended to implement Iowa Code chapter 97B as amended by 2000 Iowa Acts, chapter 1077, sections 53, 75, and 81.

These amendments became effective December 21, 2000.

The following amendments are adopted.

ITEM 1. Amend subrule 21.10(11) as follows:

21.10(11) For members who die prior to January 1, 1999, when When a member on benefits returns to covered employment (or retires but remains in covered employment if aged 70 or older) and dies before applying for a recomputation or recalculation/recomputation of benefits, the preretirement death benefit formula in effect prior to the enactment of 2000 Iowa Acts, chapter 1077, will shall be applied to the wages and years of service reported after benefits begin began.

ITEM 2. Rescind subrule 21.10(18) and adopt the following new subrule in lieu thereof:

21.10(18) Death benefits under Iowa Code section 97B.52(1).

a. Definitions.

“Accrued benefit” means the monthly amount that would have been payable to the deceased member under IPERS’ Option 2 at the member’s earliest normal retirement age, based on the member’s covered wages and service credits at the date of death. If a deceased member’s wage record consists of a combination of regular and special service credits, the deceased member’s earliest normal retirement age shall be determined under the regular or special service benefit formula for which the majority of the deceased member’s service credits were reported.

“Beneficiary(ies)” shall, unless the context indicates otherwise, refer to both window period beneficiaries and post–window period beneficiaries.

“Implementation date” means January 1, 2001.

“Nearest age” means a member’s or beneficiary’s age expressed in whole years, after rounding for partial years of age. Ages shall be rounded down to the nearest whole year if less than six complete months have passed following the month of the member’s or beneficiary’s last birthday, and shall be rounded up if six complete months or more have passed following the month of the member’s or beneficiary’s last birthday.

“Post–window period beneficiary” means a beneficiary of a member who dies before the member’s first month of entitlement and on or after January 1, 2001.

“Window period beneficiary” means a beneficiary of a member who dies before the member’s first month of entitlement during the period January 1, 1999, through December 31, 2000.

b. Any window period beneficiary or post–window period beneficiary may elect to receive the lump sum amount available under Iowa Code section 97B.52(1). Sole beneficiaries may elect, in lieu of the foregoing lump sum amount, to receive a single life annuity that is the actuarial equivalent of such lump sum amount.

A window period beneficiary must repay any prior preretirement death benefit received as follows:

(1) If a window period beneficiary wishes to receive the larger lump sum amount, if any, the system shall pay the difference between the prior death benefit lump sum amount and the new death benefit lump sum amount.

(2) If a sole window period beneficiary wishes to receive a single life annuity under section 97B.52(1) as amended by 2000 Iowa Acts, chapter 1077, the sole window period beneficiary may either:

1. Annuitize the difference between the previously paid lump sum amount and the new larger lump sum amount, if any; or

2. Annuitize the full amount of the largest of the lump sum amounts available under the revised statute, but must repay the full amount of the previously paid lump sum amount.

(3) To the extent possible, repayment costs shall be recovered from retroactive monthly payments, if any, and the balance shall be offset against current and future monthly payments until the system is repaid in full.

c. A claim for a single life annuity under this subrule must be filed as follows:

(1) A sole window period beneficiary must file a claim for a single life annuity within 12 months of the implementation date.

(2) A sole post–window period beneficiary must file a claim for a single life annuity within 12 months of the member’s death.

(3) A beneficiary who is a surviving spouse must file a claim for a single life annuity within the period specified in subparagraph (1) or (2), as applicable, or by the date that the member would have attained the age of 70½, whichever period is longer.

d. Elections to receive the lump sum amount or single life annuity available under Iowa Code section 97B.52(1) and this subrule shall be irrevocable once the first payment is made. Elections shall be irrevocable as of the date the first paycheck is issued, or would have been issued but for the fact that the payment is being offset against a prior preretirement death benefit payment.

e. No further benefits will be payable following the death of any beneficiary who qualifies and elects to receive the single life annuity provided under this subrule.

f. The provisions of this subrule shall not apply to members who die before January 1, 1999.

g. Procedures and assumptions to be used in calculating the lump sum present value of a member’s accrued benefit:

(1) IPERS shall calculate a member’s retirement benefit at earliest normal retirement age under IPERS’ Option 2.

(2) For purposes of determining the “member date of death annuity factor” under the conversion tables supplied by IPERS’ actuary, IPERS shall assume that “age” means the member’s nearest age at the member’s date of death.

(3) For purposes of determining the “member unreduced retirement annuity factor” under the conversion tables supplied by IPERS’ actuary, IPERS shall assume that “age” means the member’s nearest age at the member’s earliest normal retirement date. If a member had already attained the member’s earliest normal retirement date, IPERS shall assume that “age” means the member’s nearest age at the date of death.

h. Procedures and assumptions for converting the lump sum present value of a deceased member’s preretirement death benefit to a single life annuity:

(1) For purposes of determining the “age of beneficiary annuity factor” under the conversion tables supplied by IPERS’ actuary, IPERS shall assume that “age” means the beneficiary’s nearest age as of the beneficiary’s first month of entitlement.

(2) A beneficiary’s first month of entitlement is the month after the date of the member’s death, but is subject to the limit on retroactive payments described in paragraph “j” below.

i. Eligibility for FED payments. Any sole beneficiary who is eligible for and elects to receive a single life annuity under this subrule shall also qualify for the dividend payments authorized under subrule 21.30, subject to the requirements of that subrule.

j. Retroactive payments. Retroactive payments of monthly annuity amounts to sole beneficiaries who elect the single life annuity shall be payable as follows:

(1) Window period beneficiaries shall receive retroactive payments beginning with the month following the month of the member’s death, provided that the beneficiary applies for the single life annuity within the time period specified in 21.10(18)“c.”

(2) Post–window period beneficiaries may receive no more than six months of retroactive payments, provided that the beneficiary applies for the single life annuity within the period specified in 21.10(18)“c.”

k. Retired reemployed members and aged 70 members who retire without terminating employment. Preretirement death benefits for retired reemployed members and aged 70 members who retire without terminating employment shall be calculated as follows:

(1) For beneficiaries of such members who elected IPERS’ Option 4 or 6 at retirement, IPERS shall recompute (for retired reemployed members) or recalculate/recompute (for aged 70 members who retired without terminating employment) the member’s monthly benefits as though the member had elected to terminate employment as of the date of death, to have the member’s benefits adjusted for post–retirement wages, and then lived into the recomputation or recalculation/recomputation (as applicable) first month of entitlement.

(2) The recomputations provided under subparagraph (1) shall apply only to beneficiaries of members who elected IPERS’ Options 4 or 6, where the member’s monthly benefit would have been increased by the period of reemployment, and is subject to the limitations of Iowa Code sections 97B.48A, 97B.49A, 97B.49B, 97B.49C, 97B.49D, and 97B.49G. The recalculation/recomputations provided under subparagraph (1) shall apply only to beneficiaries of members who elected IPERS’ Options 4 or 6, where the member’s monthly benefit would have been increased by the period of employment after the initial retirement, and is subject to the limitations of Iowa Code sections 97B.49A, 97B.49B, 97B.49C, 97B.49D, and 97B.49G. In all other cases, preretirement death benefits under this subparagraph shall be equal to the lump sum amount equal to the accumulated employee and accumulated employer contributions.

(3) Beneficiaries of members who had elected IPERS’ Option 4 or 6 may also elect to receive the accumulated employer and accumulated employee contributions described in the preceding sentence, in lieu of the increased monthly annuity amount.

(4) Notwithstanding subparagraph (2) above, if the member elected IPERS’ Option 5 at retirement, the lump sum amount payable under this paragraph shall be the greater of the applicable commuted lump sum or the accumulated employee and accumulated employer contributions.

[Filed Emergency 12/21/00, effective 12/21/00]

[Published 1/10/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 1/10/01.

Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa Department of Economic Development adopts amendments to Chapter 24, “Emergency Shelter Grants Program,” Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 0266B on November 15, 2000.

The amendments establish minimum and maximum award amounts, clarify eligible program applicants, revise application procedures to include a two–year application cycle, and clarify amendment procedures.

A public hearing was held on December 5, 2000. A written comment was received. In response, the following changes were made: Subrule 24.10(6) was modified to require recipients to participate in a “data reporting system” approved by IDED, and in subrule 24.12(4) a sentence was moved from the end of the paragraph to the fourth sentence to clarify the amendment process.

These amendments are intended to implement Iowa Code section 15.108 and P.L.100–628.

These amendments will become effective on February 14, 2001.

The following amendments are adopted.

ITEM 1. Amend rule 261—24.2(PL100–628) by adopting the following new definition in alphabetical order:

“CHIP” means counting homeless Iowans project.

ITEM 2. Amend rule 261—24.3(PL100–628) as follows:

261—24.3(PL100–628) Eligible applicants. City governments, county governments, and private nonprofit organizations are eligible applicants under the emergency shelter grants program. City or county governments may apply on behalf of a service provider within their jurisdictions when the nonprofit organization serves homeless and near homeless clients by providing overnight shelter, meals, clothing, transportation, counseling, child care, legal services, medical services, transitional housing services, and other services eligible under the emergency shelter grants program as determined by the U.S. Department of Housing and Urban Development.

ITEM 3. Amend rule 261—24.4(PL100–628), paragraph “1,” as follows:

1. Rehabilitation, renovation, or conversion of buildings for use as providers of services for the homeless. Rehabilitation activities shall be allowed a maximum cost of $10,000 per project.

ITEM 4. Amend rule 261—24.6(PL100–628) as follows:

261—24.6(PL100–628) Application procedures. The Iowa department of economic development will request applications from eligible applicants as often as the state expects funding from the U.S. Department of Housing and Urban Development (HUD). Applicants will be given at least 30 days in which to reply to the state’s request. The Iowa department of economic development will make funding decisions in conjunction with the time frame established by HUD. The application must be submitted on forms prescribed by IDED and must, at a minimum, include the amount of funds requested, the need for the funds, documentation of other available funding sources, source of required local match, and estimated number of persons to be served by the applicant (daily average). No individual applicant organization may receive more than $50,000 in a single application round. A minimum grant level of $10,000 is required.

ITEM 5. Amend rule 261—24.7(PL100–628) as follows:

261—24.7(PL100–628) Application review process. The following procedures will be used in the review of applications received under the emergency shelter grants program.

24.7(1) Applications will be reviewed by a panel of the staff of the Iowa department of economic development and coordinated with representatives of other homeless assistance programs. Applications will be reviewed to determine eligibility based on the following criteria:

1 a. The identified community need for the funds, including the number of clients served, the unmet need in the community, geographic area of service, and common factors leading to the need for the service.

2 b. The comprehensiveness and flexibility of the program, including how the applicant strives to meet the total and special needs of its clients and how homeless assistance is integrated with other programs.

3 c. The accessibility of the applicant’s services to its clients, including how well the applicant promotes its services within the community, any barriers to service, and any network networking with other service providers in the area.

4 d. How well the applicant deals with cultural diversity within its community.

5 e. Any partnerships or collaborations between the applicant and other programs within the organization or with other organizations performing similar or complementary services.

6 f. The unique role of the applicant within the area of service, including any innovative parts of the organization’s project that would make it stand out.

7 g. A description of specific outcome measures for short– or long–term objectives for clients.

8 h. The experience of the applicant in administering an ESGP contract.

9 i. How well the applicant maximizes or leverages resources.

24.7(2) If an application contains an activity determined to be ineligible under the ESG program within the request for funds, the ineligible activity will be deleted from the application or referred to another funding source, if applicable.

24.7(3) Staff reserves the right to negotiate directly with the applicant to determine the priority of funding requested within the application.

24.7(4) Staff may also review applications with the department of human rights, department of human services, or other groups with expertise in the area of serving homeless persons before making final funding recommendations. Consultation with other agencies is intended to avoid duplication and promote maximum utilization of funding sources. Based on the review process, IDED may revise the overall funding request by activity or funding level and recommend a final funding figure to the director of IDED for approval.

24.7(5) A city or county government may be determined, at the discretion of IDED, to administer a contract for multiple applicants within a prescribed geographic area.

24.7(6) IDED reserves the right to negotiate all aspects of a funding request prior to final approval.

ITEM 6. Amend rule 261—24.10(PL100–628) by adopting the following new subrule:

24.10(6) Data reporting system. Recipients shall participate in a data reporting system developed by IDED as required in the executed contract. Recipients receiving funds only for prevention activities shall participate in a modified method of reporting under CHIP.

ITEM 7. Amend subrule 24.12(4) as follows:

24.12(4) Amendments to contracts. Contracts will be amended on an individual basis in emergency situations. Any request to amend a contract must be submitted in writing by the chief elected official to IDED. IDED will determine if the request to amend is justified based on the material presented in the letter of request. No amendment will be valid until approved in writing by IDED. IDED allows the transfer of funds between line items in the budget up to 20 percent of the total grant amount without a formal request for amendment.

[Filed 12/22/00, effective 2/14/01]

[Published 1/10/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 1/10/01.

Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa Department of Economic Development amends Chapter 25, “Housing Fund,” Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 0196B on October 18, 2000.

The amendments establish definitions for lead hazard reduction, implement uniform rehabilitation guidelines and revise allowable administrative costs in projects.

A public hearing was held on November 8, 2000. As a result of the written public comment, the following revision was made: In subrule 25.8(10), language was changed to clarify that general administrative costs are limited to 10 percent of the total housing fund award. The subrule now reads as follows:

“25.8(10) Recipients shall justify administrative costs in the housing fund application. IDED reserves the right to negotiate the amount of funds provided for general and direct administration, but in no case shall the amount for general administration exceed 10 percent of the total housing fund award.”

The IDED Board adopted the amendments on December 21, 2000.

These amendments are intended to implement Iowa Code section 15.108(1)“a.”

These amendments will become effective February 14, 2001.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [25.2, 25.4(1)“c,” 25.6(2), 25.7(1)“a,” 25.7(2)“a,” 25.7(3)“a,” 25.8(9), 25.8(10)] is being omitted. With the exception of the change noted above, these amendments are identical to those published under Notice as ARC 0196B, IAB 10/18/00.

[Filed 12/22/00, effective 2/14/01]
[Published 1/10/01]

[For replacement pages for IAC, see IAC Supplement 1/10/01.]

Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa Department of Economic Development adopts amendments to Chapter 29, “Homeless Shelter Operation Grants Program,” Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 0265B on November 15, 2000.

The amendments establish minimum and maximum award amounts, establish a set–aside for innovative projects, revise application procedures to include a two–year application cycle and clarify amendment procedures.

A public hearing was held on December 5, 2000. No comments were received at the public hearing. However, a written comment was received. In response to the comment the following changes were made:

In rule 261—29.10(78GA,ch1230), numbered paragraph “5” was modified to require reporting under an IDED “data reporting system.” The paragraph now reads as follows:

“5. Recipients shall participate in a data reporting system developed by IDED as required in the executed contract. Recipients receiving funds only for prevention activities shall participate in a modified reporting system.”

In subrule 29.11(4), the last sentence was relocated from the end of the paragraph to become the fourth sentence, and the word “formal” was deleted from the second sentence. The subrule, as amended, now reads as follows:

“29.11(4) Amendments to contracts. Contracts will be amended on an individual basis in emergency situations. Any request to amend a contract must be submitted in writing to IDED by the chief elected official. IDED will determine if the request to amend is justified based on the material presented in the letter of request. No amendment will be valid until approved in writing by IDED. IDED allows the transfer of funds between line items in the budget up to 20 percent of the total grant amount without a request for amendment.”

In the third sentence of paragraph 29.12(2)“d,” the word “will” was changed to “shall.”

Paragraph 29.12(2)“e” was modified to list the specific due dates for review of Innovation Fund applications. The paragraph now reads as follows:

“e. Invited full applications shall be due to IDED on March 15, June 15, and September 15 of 2001 as long as funding remains available. The first date for submitting a full application under the innovation fund is March 15, 2001.”

The IDED Board adopted these amendments on December 21, 2000.

These amendments are intended to implement Iowa Code section 15.108(11).

These amendments will become effective on February 14, 2001.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [amendments to 29.1 to 29.11, 29.12] is being omitted. With the exception of the changes noted above, these amendments are identical to those published under Notice as ARC 0265B, IAB 11/15/00.

[Filed 12/22/00, effective 2/14/01]
[Published 1/10/01]

[For replacement pages for IAC, see IAC Supplement 1/10/01.]

Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa Department of Economic Development hereby adopts Chapter 67, “Life Science Enterprises,” Iowa Administrative Code.

The chapter implements a new program authorized by 2000 Iowa Acts, chapter 1197. The rules describe the purpose of the program, establish eligibility requirements, and describe the procedures by which life science enterprise plans are submitted and approved.

Notice of Intended Action was published in the Iowa Administrative Bulletin on October 18, 2000, as ARC 0195B.

A public hearing to receive comments about the chapter was held on November 7, 2000. No comments were received. These rules are identical to those published under Notice.

The Iowa Department of Economic Development Board adopted these rules on December 21, 2000.

These rules will become effective on February 14, 2001.

These rules are intended to implement 2000 Iowa Acts, chapter 1197.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Ch 67] is being omitted. These rules are identical to those published under Notice as ARC 0195B, IAB 10/18/00.

[Filed 12/22/00, effective 2/14/01]
[Published 1/10/01]

[For replacement pages for IAC, see IAC Supplement 1/10/01.]

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

The amendments incorporate national standards for elementary and secondary principals along with Iowa requirements. These amendments modify the licensure requirements for principals from a total course–based system to a combination of courses and competencies. These amendments also complement the change in the required number of years of teaching experience from five years to three years.

Notice of Intended Action was published in the Iowa Administrative Bulletin on June 28, 2000, as ARC 9923A. Two public hearings on the proposed amendments were held, one on September 1, 2000, and one on September 6, 2000. No one attended the hearings, and no written comments were received within the time line for comment. The one comment received did not relate to the direct responsibilities of the Board of Educational Examiners. These amendments are identical to those published under Notice of Intended Action; however, the effective date has been changed to June 1, 2001, on the basis of suggestions from representatives of universities offering these endorsement programs.

These amendments are intended to implement Iowa Code chapter 272.

These amendments will become effective on June 1, 2001.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [14.23(1), 14.23(2)] is being omitted. These amendments are identical to those published under Notice as ARC 9923A, IAB 6/28/00.

[Filed 12/18/00, effective 6/1/01]
[Published 1/10/01]

[For replacement pages for IAC, see IAC Supplement 1/10/01.]

Pursuant to the authority of Iowa Code section 217.6, the Department of Human Services hereby amends Chapter 1, “Departmental Organization and Procedures,” appearing in the Iowa Administrative Code.

The Council on Human Services adopted these amendments December 14, 2000. Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on November 1, 2000, as ARC 0227B.

Iowa Code section 17A.3(1)“a” requires state agencies to adopt as a rule a description of the organization of the agency which states the general course and method of its operations, the administrative subdivisions of the agency, and the programs implemented by each of them.

These amendments add the Division of Policy and Rule Integration to the Department under the Deputy Director for Policy and correct an organizational reference. This Division is established to ensure consistency and integration of all policy and rules across the agency. The Division Administrator also serves as the Rules Administrator for the Department and is responsible for management of Executive Order Number 8 that mandates a review of all of the Department’s rules.

This organizational change consolidates the Office of Policy Analysis and the Appeals Section under the new Division. These units were previously supervised directly by the Deputy Director for Policy.

These amendments do not provide for waiver in specified situations because these amendments do nothing more than update the description of the organizational structure.

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

These amendments are intended to implement Iowa Code section 17A.3(1).

These amendments shall become effective March 1, 2001.

The following amendments are adopted.

ITEM 1. Amend subrule 1.3(2), introductory paragraphs, as follows:

1.3(2) Deputy director for policy. The deputy director for policy manages the development of the financial, medical and social services programs for eligible Iowans.

The administrators of the divisions of adult, children and family services, economic assistance, medical services, and mental health and developmental disabilities, and policy and rule integration report directly to the deputy director for policy. In addition, the office of policy analysis and the appeals unit report directly to the deputy director for policy.

Further amend subrule 1.3(2) by adopting the following new paragraph:

e. The administrator of the division of policy and rule integration is responsible for providing leadership and direction agencywide for the integration of policy development and the consistency of rules, including ensuring that program policies are consistent with state and federal law and are designed to achieve programmatic goals and results; monitoring state and federal programmatic policy and financial changes; and identifying policy and rule changes to ensure alignment with program and administrative divisions to facilitate alignment with the department’s mission.

ITEM 2. Amend rule 441—1.6(17A), catchwords, as follows:

[Filed 12/14/00, effective 3/1/01]

[Published 1/10/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 1/10/01.

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services hereby amends 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,” Chapter 80, “Procedure and Method of Payment,” and Chapter 88, “Managed Health Care Providers,” appearing in the Iowa Administrative Code.

The Council on Human Services adopted these amendments December 14, 2000. Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on November 1, 2000, as ARC 0228B.

These amendments provide for Medicaid payment for services currently provided by local school districts and for services provided under the Infants and Toddlers with Disabilities program administered by the Department of Education, Department of Public Health, Department of Human Services, and the Iowa Child Health Specialty Clinics pursuant to an interagency agreement under Subchapter III of the federal Individuals with Disabilities Education Act.

Covered services provided by local school districts include, but are not limited to, audiology services, behavior services, consultation services, medical transportation, nursing services, nutrition services, occupational therapy services, personal assistance, physical therapy services, psychologist services, speech–language services, social work services, vision services, and school–based clinic visit services.

Vaccines available through the Vaccines for Children program under Section 1928 of the Social Security Act are not covered as local education agency services. However, the administration of vaccines is a covered service.

Payment for supplies shall be approved when the supplies are incidental to the child’s care, e.g., syringes for injections, and do not exceed $25 per month. Durable medical equipment and other supplies are not covered as local education agency services.

Payment shall also be approved for local education agency services coordination, subject to certain requirements.

Medicaid coverage for services provided by the local school districts is currently being provided in a number of states. In Iowa the Medicaid program currently covers services provided by the Area Education Agencies. Expansion of Medicaid coverage to services provided by the local school districts will allow the local school districts to access federal funding for the medical services they provide for children and, therefore, expand the services they provide.

The Departments of Education and Public Health have been involved in planning for the expansion of services to the local school districts. The Department of Education will assist with communication to the local school districts. The local school districts will be required to learn the Medicaid reimbursement system and file individual claims for reimbursement for the services.

Covered services provided under the Infants and Toddlers with Disabilities program include, but are not limited to, audiology, psychological evaluation and counseling, health and nursing services, nutrition services, occupational therapy services, physical therapy services, developmental services, speech–language services, vision services, and medical transportation. Payment shall also be approved for infant and toddler coordination services, subject to certain requirements.

Medicaid coverage of the Infant and Toddler program services with a local certified match will allow Iowa to expand the Infants and Toddlers with Disabilities program. The other partners in the program, the Departments of Education and Public Health and the Iowa Child Health Specialty Clinics, in conjunction with the Department of Human Services, will need to provide certification, training, and oversight of the Medicaid regulations for these services.

These amendments do not provide for waivers in specified situations because the amendments confer a benefit through coverage of medical services provided by local school districts and the Infant and Toddler program.

The following revisions were made to the Notice of Intended Action:

Rules 441—77.44(249A) and 441—78.50(249A), subrule 79.1(2), and subrule 80.2(2), paragraph “ar,” were revised, in response to public comments, to allow the Iowa Braille and Sight Saving School and the State School for the Deaf to participate as local education agency services providers.

Subrule 78.49(5), paragraph “c,” and subrule 78.50(4), paragraph “c,” were revised to add a form name and number to be used for certification by the provider.

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

These amendments shall become effective March 1, 2001.

The following amendments are adopted.

ITEM 1. Amend 441—Chapter 77 by adopting the following new rules:

441—77.43(249A) Infant and toddler program providers. A public agency provider in good standing under the infants and toddlers with disabilities program administered by the department of education, the department of public health, the department of human services, and the Iowa Child Health Specialty Clinics pursuant to the interagency agreement between these agencies under Subchapter III of the federal Individuals with Disabilities Education Act (IDEA) is eligible to participate in the medical assistance program as a provider of infant and toddler program services under rule 441— 78.49(249A) if the following additional requirements are met.

77.43(1) Licensure. Services must be rendered by practitioners who meet any applicable professional licensure requirement, and local education agency and area education agency providers must meet the licensure (certification) requirements of the department of education as set forth at rule 281—41.8(256B,34CFR300).

77.43(2) Documentation requirements. As a condition of participation, the provider shall be responsible for maintaining accurate and current documentation of services provided in the child’s record. Documentation of all services performed is required and must include:

a. Date, time, location, and description of each service provided and identification of the individual rendering the service by name and professional or paraprofessional designation.

b. An assessment and response to interventions and services.

c. An individual family service plan (IFSP) including all changes and revisions, as developed by the service coordinator pursuant to rule 281—41.5(256B,34CFR300).

d. Documentation of progress toward achieving the child’s or family’s action steps and outcomes as identified in the individual family service plan (IFSP).

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

441—77.44(249A) Local education agency services providers. School districts accredited by the department of education pursuant to 281—Chapter 12, the Iowa Braille and Sight Saving School governed by the state board of regents pursuant to Iowa Code section 262.7(4), and the State School for the Deaf governed by the state board of regents pursuant to Iowa Code section 262.7(5) are eligible to participate in the medical assistance program as providers of local education agency (LEA) services under rule 441—78.50(249A) if the following conditions are met.

77.44(1) Compliance with department of education rules and licensure requirements. These providers must comply with applicable requirements under the department of education rules set forth at 281—41.8(256B,34CFR300), 281— 41.9(256B,273,34CFR300), and 281—41.10(256B) and board of educational examiners rules at 282—subrules 14.20(5) and (6), and services must be rendered by practitioners who meet any applicable professional licensure requirements.

77.44(2) Documentation requirements. As a condition of participation, the provider shall be responsible for maintaining accurate and current documentation in the child’s record. Documentation of all services performed is required and must include:

a. Date, time, duration, location, and description of each service delivered and identification of the individual rendering the service by name and professional or paraprofessional designation.

b. An assessment and response to interventions and services.

c. Progress toward goals in the individual education plan (IEP) or individual health plan (IHP) pursuant to 281— Chapter 41, Division VIII, or 281—subrule 41.96(1).

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

ITEM 2. Amend 441—Chapter 78 by adopting the following new rules:

441—78.49(249A) Infant and toddler program services. Subject to the following subrules, payment shall be made for medical services provided to Medicaid eligible children by infant and toddler program providers under the infants and toddlers with disabilities program administered by the Iowa Child Health Specialty Clinics and the departments of education, public health, and human services.

78.49(1) Covered services. Covered services include, but are not limited to, audiology, psychological evaluation and counseling, health and nursing services, nutrition services, occupational therapy services, physical therapy services, developmental services, speech–language services, vision services, and medical transportation.

78.49(2) Coordination services. Payment shall also be approved for infant and toddler coordination services, subject to the following requirements:

a. Payable coordination services must consist of activities to assist and enable a child and family to receive infant and toddler program services and must serve as the point of contact in assisting parents to obtain the services and assistance needed. This must include, but is not limited to:

(1) Explaining the infants and toddlers with disabilities program, including parental rights and procedural safeguards.

(2) Identifying the family’s concerns related to the child’s needs.

(3) Coordinating the evaluations and assessments needed by the child.

(4) Facilitating and participating in the development, review and evaluation of individualized family service plans (IFSP) pursuant to rule 281—41.5(256B,34CFR300). This must include identifying the people to participate in the development of the service plan and face–to–face or telephone contacts with others for the purpose of developing, reviewing, and revising the IFSP.

(5) Assisting parents in gaining access to the infant and toddler program services and other services identified in the IFSP. This must include face–to–face or telephone contacts with the child and family for the purpose of assessing or reassessing needs.

(6) Assisting families in identifying available service providers and funding resources. This must include documentation of unmet needs and gaps in services.

(7) Coordinating and monitoring the delivery of services, informing families of the availability of advocacy services, coordinating with medical and health providers, and periodic observation of services to ensure that quality services are being provided and are effectively meeting the needs of the child.

(8) Facilitating the timely delivery of services.

(9) Continuously seeking the appropriate services for the duration of the child’s eligibility.

(10) Arranging or authorizing payment for medical transportation.

(11) Keeping records, including preparing reports, updating service plans, making notes about IFSP activities in the recipient’s record, and preparing and responding to correspondence with the child, family, and others.

b. A minimum of one face–to–face contact per month between the service coordinator and the child and family is required for payment of infant and toddler coordination services.

78.49(3) Child’s eligibility. Payable services must be provided to a child under the age of 36 months who is experiencing developmental delay or who has a condition that is known to have a high probability of resulting in developmental delay at a later date.

78.49(4) Delivery of services. Services must be delivered directly by the infant and toddler program provider or by a practitioner under contract with the infant and toddler program provider.

78.49(5) Remission of nonfederal share of costs. Payment for services shall be made only when the following conditions are met:

a. The responsible infant and toddler program provider has entered into an agreement with the department certifying that the nonfederal share of the cost is available within funds allocated for the infants and toddlers with disabilities program.

b. The infant and toddler program provider has executed an agreement to remit the nonfederal share of the cost to the department.

c. The infant and toddler program provider has certified on Form 470–3816, Medicaid Billing Remittance, that the funds remitted for the nonfederal share of the costs of the services are not federal funds and are unrestricted public funds available for match pursuant to 42 CFR 433.51 as amended January 26, 1993.

441—78.50(249A) Local education agency services. Subject to the following subrules, payment shall be made for medical services provided by local education agency services providers to Medicaid–eligible individuals under the age of 23.

78.50(1) Covered services. Covered services include, but are not limited to, audiology services, behavior services, consultation services, medical transportation, nursing services, nutrition services, occupational therapy services, personal assistance, physical therapy services, psychologist services, speech–language services, social work services, vision services, and school–based clinic visit services.

Vaccines available through the Vaccines for Children program under Section 1928 of the Social Security Act are not covered as local education agency services. However, the administration of vaccines is a covered service.

Payment for supplies shall be approved when the supplies are incidental to the patient’s care, e.g., syringes for injections, and do not exceed $25 per month. Durable medical equipment and other supplies are not covered as local education agency services.

78.50(2) Coordination services. Payment shall also be approved for local education agency services coordination, subject to the following requirements:

a. Service coordination must consist of activities to assist and enable a child to receive local education agency services and must serve as the point of contact in assisting parents to obtain the services and assistance needed. This must include, but is not limited to:

(1) Coordinating the evaluations and assessments needed by the child.

(2) Facilitating and participating in the development and review of the initial and annual individual education plan (IEP) or individual health plan (IHP) pursuant to 281— Chapter 41, Division VIII, or 281—subrule 41.96(1).

(3) Conducting triennial reviews.

(4) Providing ongoing service coordination.

(5) Facilitating the timely delivery of needed services.

(6) Keeping records, including preparing reports, updating service plans, making notes about IEP/IHP activities in the child’s record, and maintaining face–to–face contact as required in 78.50(2)“b.”

b. A minimum of one face–to–face contact per quarter between the service coordinator and the child and family is required for payment of local education agency coordination services.

78.50(3) Delivery of services. Services must be delivered directly by the local education agency services providers or by a practitioner under contract with the local education agency services provider.

78.50(4) Remission of nonfederal share of costs. Payment for services shall be made only when the following conditions are met:

a. The responsible local education agency services provider has entered into an agreement with the department certifying that the nonfederal share of the cost is available within funds allocated for the local education agency services provider’s program.

b. The local education agency services provider has executed an agreement to remit the nonfederal share of the cost to the department.

c. The local education agency has certified on Form 470–3816, Medicaid Billing Remittance, that the funds remitted for the nonfederal share of the costs of the services are not federal funds.

ITEM 3. Amend subrule 79.1(2) by adopting the following new basis of reimbursement provider categories in alphabetical order:

ITEM 4. Amend subrule 80.2(2) by adopting the following new paragraphs “aq” and “ar”:

aq. Infant and toddler program providers shall submit claims on Form HCFA–1500, Health Insurance Claim Form.

ar. Local education agency services providers shall submit claims on Form HCFA–1500, Health Insurance Claim Form.

ITEM 5. Amend subrule 88.5(3) by adopting the following new paragraphs “j” and “k”:

j. Infant and toddler program services.

k. Local education agency services.

[Filed 12/14/00, effective 3/1/01]

[Published 1/10/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 1/10/01.

Pursuant to the authority of Iowa Code section 514I.5(8), the Department of Human Services hereby amends Chapter 86, “Healthy and Well Kids in Iowa (HAWK–I) Program,” appearing in the Iowa Administrative Code.

The HAWK–I Board adopted these amendments on December 18, 2000. Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on October 18, 2000, as ARC 0191B.

These amendments revise policy governing the HAWK–I program to:

• Remove a definition that is no longer used. The term “administrative contractor” has been replaced with “third–party administrator.”

• Clarify that terminated income is not used to project future income when establishing eligibility for the program. HAWK–I eligibility is based on projected income. If income received in the past 30 days is from a terminated source, it should not be used to project future income.

• Provide greater flexibility for verifying income. Since the Medicaid program verifies income to make an eligibility determination, policy is being amended so that income does not have to be reverified. The income used to make the Medicaid determination will be used to establish HAWK–I eligibility.

• Remove references to referrals to county Department offices. Applications are no longer referred to county Department offices since workers are now co–located with HAWK–I staff and applications are processed centrally.

• Clarify that eligible children can move between the Medicaid and the HAWK–I programs without a break in coverage. Current policy does not allow a child to move from Medicaid to HAWK–I without a break in coverage in some circumstances.

• Allow families to select a health plan verbally instead of only in writing. This will make the enrollment process faster.

• Eliminate retroactive cancellations of HAWK–I coverage. Under current policy, if a child is approved retroactively for Medicaid or is found to have other health insurance, the child is retroactively disenrolled from HAWK–I. This results in the recovery of the premium from the health plan and adjustments to provider payments. Under these amendments, health plans and providers can be assured of payment for children who are determined eligible for the HAWK–I program even if it is established at a later date that they were not eligible because of administrative error or misrepresentation on the part of the family. These amendments will require participating health plans to coordinate benefits with Medicaid or the other insurers.

• Specify that a family will not be assessed a premium for months of coverage prior to being notified of their eligibility in the program. Currently a family must pay premiums for all months in which eligibility is established. In some cases this means that the family must pay for past months of coverage for periods of time when they did not know they were eligible and may not have received services.

• Clarify the review process and notice requirements.

These amendments do not provide for waivers in specified situations because the amendments either confer a client benefit or add administrative simplicity to the program.

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

These amendments are intended to implement Iowa Code chapter 514I.

These amendments shall become effective March 1, 2001.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [86.1, 86.2(2)“b” and “c,” 86.3(8), 86.4(1), 86.5, 86.6, 86.7(5), 86.7(6), 86.8(3), 86.9(1), 86.9(3), 86.11] is being omitted. These amendments areidentical to those published under Notice as ARC 0191B, IAB 10/18/00.

[Filed 12/20/00, effective 3/1/01]
[Published 1/10/01]

[For replacement pages for IAC, see IAC Supplement 1/10/01.]

Pursuant to the authority of Iowa Code Supplement section 80B.11, subsection 7, and section 80B.13, subsection 8, the Iowa Law Enforcement Academy amends Chapter 1, “Organization and Administration,” Chapter 5, “Approved Regional Law Enforcement Training Facility,” and Chapter 6, “Decertification,” Iowa Administrative Code.

In accordance with 1999 Iowa Acts, chapter 70, these amendments permit the Iowa Law Enforcement Academy Council to initiate decertification or suspension actions against a law enforcement officer’s certification on its own motion. Item 3 lists the grounds on the bases of which decertification or suspension action can be brought. Items 1, 2 and 4 are primarily correctional, to bring the rules into harmony with the new statute, and Items 1 and 5 eliminate references to a publication and an agency that are no longer in existence.

Notice of Intended Action was published in the November 15, 2000, Iowa Administrative Bulletin as ARC 0276B. These amendments are identical to those published under Notice of Intended Action.

These amendments were approved by the Iowa Law Enforcement Academy Council on October 5, 2000.

These amendments are intended to implement Iowa Code Supplement section 80B.11(7) and 80B.13(8).

These amendments will become effective on February 14, 2001.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [1.1, 5.1(5), 5.1(9), 6.2(2), 6.3(2)] is being omitted. These amendments are identical to those published under Notice as ARC 0276B, IAB 11/15/00.

[Filed 12/21/00, effective 2/14/01]
[Published 1/10/01]

[For replacement pages for IAC, see IAC Supplement 1/10/01.]

Pursuant to the authority of Iowa Code sections 19A.9 and 97B.15, the Department of Personnel adopts new Chapter 33, “Uniform Rules for Waivers,” Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on November 1, 2000, as ARC 0238B.

A public hearing on the proposed rules was held on November 21, 2000, at which time no comments were received. These rules are identical to those published under Notice.

On January 7, 2000, the Department commenced a rule making to receive public comment on the proposed adoption of waiver rules. The Notice of Intended Action was published in the Iowa Administrative Bulletin on January 26, 2000, as ARC 9626A. The proposed new waiver rules contained criteria for granting waivers based on Governor Vilsack’s Executive Order Number 11. The Department did not receive any comments on its proposed waiver rules.

After the Department submitted its proposed waiver rules, bills setting different criteria for waivers and rescinding Executive Order Number 11 were introduced in the legislature. The legislature passed 2000 Iowa Acts, House File 2206, and the Governor signed the bill. The bill sets statutory criteria for granting waivers that are different from those in Executive Order Number 11 and the Department’s proposed rules. Given the level of activity in the legislature, the changed criteria, and the passage of time, the Department deemed it best to terminate its initial rule making and to initiate a new one with redrafted proposed rules.

Pursuant to the authority of Iowa Code section 17A.4(1)“b,” the Department terminated the rule making initiated in ARC 9626A by publication of a Notice of Termination in the Iowa Administrative Bulletin on November 1, 2000, as ARC 0238B. Simultaneously, the Department initiated a new Notice of Intended Action proposing waiver rules.

The Department’s adopted waiver rules implement 2000 Iowa Acts, chapter 1176, and Executive Order Number 11, insofar as the Executive Order conforms to 2000 Iowa Acts, chapter 1176.

These rules are intended to implement Iowa Code chapters 17A, 19A and 97B and 2000 Iowa Acts, chapter 1176.

These rules will become effective February 14, 2001.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Ch 33] is being omitted. These rules are identical to those published under Notice as ARC 0238B, IAB 11/1/00.

[Filed 12/21/00, effective 2/14/01]
[Published 1/10/01]

[For replacement pages for IAC, see IAC Supplement 1/10/01.]

Pursuant to the authority of Iowa Code section 455G.4(3), the Iowa Comprehensive Petroleum Underground Storage Tank Fund Board hereby amends Chapter 1, “General,” Iowa Administrative Code.

These amendments are intended to update the Board’s meeting schedule.

Notice of Intended Action was published in the Iowa Administrative Bulletin on October 18, 2000, as ARC 0204B. No public comments concerning the proposed amendments were received. These amendments are identical to those published under Notice.

These amendments shall become effective February 14, 2001.

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

The following amendments are adopted.

Amend rule 591—1.3(455G) as follows:

591—1.3(455G) General course and method of operations. Regular meetings of the board shall be held monthly on the second and fourth Thursday of each month at 11 10 a.m. in Room 116, Iowa State Capitol Building the Office of the Insurance Commissioner, 330 E. Maple, Des Moines, Iowa, unless another time and place of meetings are designated by the board. The board may also hold special meetings as it deems appropriate. If the meeting date coincides with a legal holiday, it shall be held on the next succeeding business day. The purposes of such meetings shall be to review progress in implementation and administration of board programs, to consider and act upon proposals, to establish policy as needed, and to take actions as necessary and appropriate.

[Filed 12/21/00, effective 2/14/01]

[Published 1/10/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 1/10/01.

Pursuant to the authority of Iowa Code section 455G.4(3), the Iowa Comprehensive Petroleum Underground Storage Tank Fund Board hereby amends Chapters 1 to 4, Iowa Administrative Code.

These amendments are intended to change the contact address in Chapters 1 to 4.

Notice of Intended Action was published in the Iowa Administrative Bulletin on October 18, 2000, as ARC 0203B. No public comments concerning the proposed amendments were received. These amendments are identical to those published under Notice.

These amendments shall become effective February 14, 2001.

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

The following amendments are adopted.

ITEM 1. Amend rule 591—1.4(455G) as follows:

591—1.4(455G) Location where public may submit requests for assistance or information. Requests for assistance or information should be directed to Administrator, Iowa Comprehensive Petroleum Underground Storage Tank Fund Board, c/o the Iowa Division of Insurance, 6th Floor, Lucas State Office Building, Des Moines, Iowa 50319 2700 Westown Parkway, Suite 320, West Des Moines, Iowa 50266, telephone number (515)281–5569 225–9263. Requests may be made personally, by telephone, mail or any other medium available, between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday. Special arrangements for accessibility of the board at other times will be provided as needed.

ITEM 2. Amend rules 591—2.1(17A) and 591— 2.3(17A) as follows:

591—2.1(17A) Petition for rule making. In lieu of the word “agency”, insert the word “board”; in lieu of the words “(designated office)”, insert the words “Office of the Deputy Commissioner of Insurance, Division of Insurance, 6th Floor, Lucas State Office Building, Des Moines, Iowa 50319 Administrator, Iowa Comprehensive Petroleum Underground Storage Tank Fund Board, 2700 Westown Parkway, Suite 320, West Des Moines, Iowa 50266”; in lieu of the word “agency’s”, insert the word “board’s”; and in lieu of the words “(AGENCY NAME)”, insert the words “IOWA COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE TANK FUND BOARD”.

591—2.3(17A) Inquiries. In lieu of the words “(designate official by full title and address)”, insert the words “Office of the Deputy Commissioner of Insurance, Division of Insurance, 6th Floor, Lucas State Office Building, Des Moines, Iowa 50319 Administrator, Iowa Comprehensive Petroleum Underground Storage Tank Fund Board, 2700 Westown Parkway, Suite 320, West Des Moines, Iowa 50266”.

ITEM 3. Amend rules 591—3.1(17A) and 591— 3.3(17A) as follows:

591—3.1(17A) Petition for declaratory ruling. In lieu of the word “agency”, insert the word “board” except for the first time the word “agency” appears in the first sentence of rule 591—3.1(17A); in lieu of the words “(designate office)”, insert the words “Office of the Deputy Commissioner of Insurance, Division of Insurance, 6th Floor, Lucas State Office Building, Des Moines, Iowa 50319 Administrator, Iowa Comprehensive Petroleum Underground Storage Tank Fund Board, 2700 Westown Parkway, Suite 320, West Des Moines, Iowa 50266”; and in lieu of the words “(AGENCY NAME)”, insert the words “IOWA COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE TANK FUND BOARD”.

591—3.3(17A) Inquiries. In lieu of the words “(designate official by full title and address)”, insert the words “Office of the Deputy Commissioner of Insurance, Division of Insurance, 6th Floor, Lucas State Office Building, Des Moines, Iowa 50319 Administrator, Iowa Comprehensive Petroleum Underground Storage Tank Fund Board, 2700 Westown Parkway, Suite 320, West Des Moines, Iowa 50266”.

ITEM 4. Amend subrule 4.11(1) as follows:

4.11(1) Written comments. In lieu of the words “(specify office and address)”, insert “Office of the Deputy Commissioner of Insurance, Division of Insurance, 6th Floor, Lucas State Office Building, Des Moines, Iowa 50319 Administrator, Iowa Comprehensive Petroleum Underground Storage Tank Fund Board, 2700 Westown Parkway, Suite 320, West Des Moines, Iowa 50266”.

[Filed 12/21/00, effective 2/14/01]

[Published 1/10/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 1/10/01.

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

Chapter 11 describes the guidelines for remedial account claims. This amendment adopts new rule 11.9(455G) to provide the criteria under which a lien shall attach and be perfected upon real property where an underground storage tank was or is situated and the UST Fund (Fund) has incurred expenses related to the property.

Notice of Intended Action was published in the Iowa Administrative Bulletin on October 18, 2000, as ARC 0201B. Public comment concerning the proposed amendment was received from the Petroleum Marketers of Iowa. Subrule 11.9(1) was changed as a result of the public comment that was received. The phrase “which was the subject of corrective action” was added to address the possibility that the rule could erroneously be applied to a UST site that was contaminated from an off site source and not a responsible party.

This rule shall become effective February 14, 2001.

This rule is intended to implement Iowa Code chapter 455G.

The following amendment is adopted.

Amend Chapter 11 by adopting the following new rule:

11.9(1) The board shall have a lien upon real property where an underground storage tank, which was the subject of corrective action, was or is situated and the fund has incurred expenses related to the property.

11.9(2) The board’s lien shall be in the amount the owner or operator of the underground storage tank is liable to the fund.

11.9(3) The liability of an owner or operator shall be no less than the full and total costs of corrective action and bodily injury or property damage to third parties, as specified in Iowa Code section 455G.13(1), if the owner or operator has not complied with the financial responsibility or other underground storage tank rules of the department of natural resources, the fund, or with Iowa Code chapter 455G.

11.9(4) The liability of an owner or operator eligible for assistance under the remedial account shall be no less than the amount of any unpaid portion of the deductible or copayment.

11.9(5) A lien shall attach at the later of the following: the date the fund incurs an expense related to the property; or the date the board mails a certified letter, return receipt requested, to the last–known address of the owner or operator demanding payment for fund expenses.

11.9(6) Liens under this rule shall continue for ten years from the time the lien attaches unless sooner released or otherwise discharged. The lien may be extended, within ten years from the date the lien attaches, by filing for record a notice with the appropriate county official of the appropriate county and from the time of such filing, the lien shall be extended to the property in such county for ten years, unless sooner released or otherwise discharged, with no limit on the number of extensions.

11.9(7) In order to preserve a lien against subsequent mortgagees, purchasers, or judgment creditors, for value and without notice of the lien, on any property situated in a county, the board shall file with the recorder of the county in which the property is located a notice of the lien. The county recorder of each county shall record such liens in the “index of income tax liens.” The recorder shall endorse on each notice of lien the day, hour, and minute when received and preserve the notice, and shall immediately index the notice in the index book and record the lien in the manner provided for recording real estate mortgages, and the lien shall be effective from the time of indexing.

11.9(8) The board shall pay a recording fee as provided in Iowa Code section 331.604 for the recording of the lien, or for its satisfaction.

11.9(9) Upon the payment of the lien as to which the board has filed notice with a county recorder, the board shall file with the recorder a satisfaction of the lien and the recorder shall enter said satisfaction on the notice on file in the recorder’s office and indicate that fact on the index.

[Filed 12/21/00, effective 2/14/01]

[Published 1/10/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 1/10/01.

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

Chapter 11 describes the guidelines for remedial account claims. This amendment adopts new rule 11.10(455G) to address actions the Board may take when it becomes aware of certain types of misconduct by contractors or subcontractors.

Notice of Intended Action was published in the Iowa Administrative Bulletin on October 18, 2000, as ARC 0202B. No public comments concerning the proposed rule were received. This amendment is identical to the one published under Notice.

This rule shall become effective February 14, 2001.

This rule is intended to implement Iowa Code chapter 455G.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of this rule [11.10] is being omitted. This rule is identical to the one published under Notice as ARC 0202B, IAB 10/18/00.

[Filed 12/21/00, effective 2/14/01]

[Published 1/10/01]

[For replacement pages for IAC, see IAC Supplement 1/10/01.]

Pursuant to the authority of Iowa Code section 147.76, the Board of Social Work Examiners hereby amends Chapter 280, “Board of Social Work Examiners,” and adopts new Chapter 281, “Continuing Education for Social Workers,” Iowa Administrative Code.

The amendments rescind the current continuing education rules; rescind and amend definitions; renumber the rules regarding grounds for discipline and rules of conduct; amend rules for the examination process, association name and master’s level criteria; and adopt a new chapter for continuing education.

Notice of Intended Action was published in the Iowa Administrative Bulletin on September 6, 2000, as ARC 0115B. A public hearing was held on September 26, 2000, from 9 to 11 a.m. in the Professional Licensure Conference Room, Fifth Floor, Lucas State Office Building, Des Moines, Iowa. No public comments were received at the hearing. Written public comment was received. The comment was in reference to a more specific listing of criteria for the licensees to use as a guide for continuing education. The comment also referred to not having the continuing education sponsors submit a summary of the participant evaluations of continuing education activities. The commenter felt this process would be time–consuming.

The following changes were made to the Notice of Intended Action:

• In paragraph 280.3(3)“d,” the phrase “at the master’s level” was added to the independent social worker criteria “in part–time employment.” The paragraph now reads as follows:

d. Has engaged in the practice of social work at the master’s level, under supervision for at least two years as a full–time employee or completion at the master’s level, under supervision, of 4000 hours of part–time employment after the granting of the master’s or doctoral degree in social work.

• In rule 281.8(154C,272C), the word “waiver” was changed to “exemption” in the catchwords. The new catchwords now read “Continuing education exemption for inactive practitioners.” The following sentence was added to clarify when the required continuing education shall have been completed: “The licensee shall have completed the required continuing education at the time of reinstatement.”

These amendments were adopted by the Board of Social Work Examiners on December 11, 2000.

These amendments will become effective February 14, 2001.

These amendments are intended to implement Iowa Code section 147.76 and chapter 272C.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [280.1, 280.2(2), 280.3(1) to 280.3(3), 280.4(1), 280.4(2), 280.100 to 280.106, 280.212, 280.213, Ch 281] is being omitted. With the exception of the changes noted above, these amendments are identical to those published under Notice as ARC 0115B, IAB 9/6/00.

[Filed 12/22/00, effective 2/14/01]
[Published 1/10/01]

[For replacement pages for IAC, see IAC Supplement 1/10/01.]

Pursuant to the authority of Iowa Code section 147.76, the Board of Examiners for Athletic Trainers hereby amends Chapter 350, “Athletic Training,” and adopts new Chapter 351, “Continuing Education for Athletic Trainers,” Iowa Administrative Code.

These amendments rescind current continuing education rules and adopt a new chapter for continuing education.

Notice of Intended Action was published in the Iowa Administrative Bulletin on October 18, 2000, as ARC 0221B.

A public hearing was held on November 14, 2000, from 9 to 11 a.m. in the Professional Licensure Conference Room, Fifth Floor, Lucas State Office Building, Des Moines, Iowa. No public comments were received at the hearing. These amendments are identical to those published under Notice.

These amendments were adopted by the Board of Examiners for Athletic Trainers on December 19, 2000.

These amendments will become effective February 14, 2001.

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

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [350.13 to 350.21, 350.26, 350.31, Ch 351] is being omitted. These amendments are identical to those published under Notice as ARC 0221B, IAB 10/18/00.

[Filed 12/22/00, effective 2/14/01]
[Published 1/10/01]

[For replacement pages for IAC, see IAC Supplement 1/10/01.]

Pursuant to the authority of Iowa Code section 421.14, the Department of Revenue and Finance hereby amends Chapter 10, “Interest, Penalty, Exceptions to Penalty, and Jeopardy Assessments,” Iowa Administrative Code.

Notice of Intended Action was published in IAB Volume XXIII, Number 10, page 781, on November 15, 2000, as ARC 0280B.

Iowa Code section 421.7 requires the Director of Revenue and Finance to determine the interest rate for each calendar year. The Director has determined that the rate of interest on interest–bearing taxes arising under Iowa Code title XVI shall be 11 percent for the calendar year 2001 (0.9 percent per month). The Department will also pay interest at the 11 percent rate on refunds.

This amendment is identical to that published under Notice of Intended Action.

This amendment will become effective February 14, 2001, after filing with the Administrative Rules Coordinator and publication in the Iowa Administrative Bulletin.

This amendment is intended to implement Iowa Code section 421.7.

The following amendment is adopted.

Amend rule 701—10.2(421) by adopting the following new subrule:

10.2(20) Calendar year 2001. The interest rate upon all unpaid taxes which are due as of January 1, 2001, will be 11 percent per annum (0.9% per month). This interest rate will accrue on taxes which are due and unpaid as of, or after, January 1, 2001. In addition, this interest rate will accrue on tax refunds which by law accrue interest, regardless of whether the tax to be refunded is due before or after January 1, 2001. This interest rate of 11 percent per annum, whether for unpaid taxes or tax refunds, will commence to accrue in 2001.

[Filed 12/22/00, effective 2/14/01]

[Published 1/10/01]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 1/10/01.

Pursuant to the authority of Iowa Code section 422.68, the Department of Revenue and Finance hereby amends Chapter 18, “Taxable and Exempt Sales Determined by Method of Transaction or Usage,” Iowa Administrative Code.

Notice of Intended Action was published in IAB Volume Number XXIII, page 782, on November 15, 2000, as ARC 0281B.

In a recent decision, the Iowa Supreme Court refused to adopt a longstanding Department interpretation of the statute exempting “casual sales” from Iowa tax. The Court rejected the Department’s position that Iowa Code section 422.42(3)“b” is the only casual sale exemption applicable to the liquidation of a trade or business. The Court stated that the casual sale exemption set out in Iowa Code section 422.42(3)“a” would also apply if the sale in question were nonrecurring and outside the regular course of a seller’s business. The Department rule explaining the casual sales exemption is amended to incorporate this conclusion.

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

These amendments will become effective February 14, 2001, after filing with the Administrative Rules Coordinator and publication in the Iowa Administrative Bulletin.

These amendments are intended to implement Iowa Code sections 422.45(6) and 422.42(3).

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [18.28(1), 18.28(2)] is being omitted. These amendments are identical to those published under Notice as ARC 0281B, IAB 11/15/00.

[Filed 12/22/00, effective 2/14/01]
[Published 1/10/01]

[For replacement pages for IAC, see IAC Supplement 1/10/01.]

Pursuant to the authority of Iowa Code section 125.7(4), the Commission on Substance Abuse hereby adopts amendments to Chapter 3, “Licensure Standards for Substance Abuse Treatment Programs,” Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on August 9, 2000, as ARC 0026B.

This rule making rescinds unnecessary rules, includes editorial changes, amends existing definitions and adopts new definitions for treatment services, and reorganizes the rules for a more easily read chapter. The amendments reflect the current needs of treatment programs and client/patients in the general areas of licensing, application procedures, inspection of licensees, license renewals, complaints, variances, focused reviews, placement screening, levels of care criteria, clinical services, quality improvement, administration, programming and facilities. In addition, these amendments include new clinical terminology regarding levels of care and criteria for continued care based on the American Society of Addiction Medicine Patient Placement Criteria for the Treatment of Substance–Related Disorders, Second Edition. Service providers have contributed to the development of these amendments and have been utilizing the outlined levels of care. These criteria are consistent with contract requirements.

In compliance with Executive Order Number 8, the amendments are based on input and review by providers in the field over the past year and do not increase the regulatory burden on programs. Rather, these amendments clarify and better outline the most current clinical activities and practices.

A public hearing was held on August 29, 2000, from10 a.m. to 12 noon over the Iowa Communications Network (ICN), accessing five sites around the state simultaneously. Nine individuals associated with substance abuse treatment programs attended the public hearing. There was one comment regarding the proposed rule on “deemed status.” Reference was made to a written comment by a provider organization in support of “deemed status” and encouraged that all clinical reviews by a national accreditation organization be accepted by the Commission.

Written comments were received from five programs and three provider organizations that included support for the “deemed status” rule language and suggested that all clinical reviews from the national organizations be accepted. Additional comments included clarification and expansion of the definitions for “ASAM–PPC–2” and “program” and a request to allow use of other criteria for placement, screening, admission, assessment and evaluation. Also, the Department of Human Services expressed concern that “deemed status” might impact substance abuse provider contracts and could require the contractor to conduct or require an additional licensure or credential, thus establishing an additional licensing process.

The following changes from the Notice have been made:

In rule 643—3.1(125), the definition of “ASAM–PPC–2” has been expanded to include the use of the Iowa Juvenile Placement Criteria when juvenile criteria are to be applied. The definition now reads as follows:

“‘ASAM–PPC–2’ means the American Society of Addiction Medicine Patient Placement Criteria for the Treatment of Substance–Related Disorders, Second Edition. In reference to juvenile criteria, the Iowa Juvenile Placement Criteria for the Treatment of Psycho–Active Substance Use Disorder (IJPC) shall apply instead of ASAM–PPC–2.”

In rule 643—3.1(125), the word “individual” has been stricken in the definition of “program.” The definition now reads as follows:

“‘Program’ means any partnership, corporation, association, governmental subdivision or public or private organization.”

Based on the need for further study, the definition of “deemed status” and new rule 643—3.18(125) regarding deemed status were not adopted.

Subrule 3.21(11), introductory paragraph, has been revised to include the following new language: “or other national or recognized criteria approved by the department upon granting a variance by the director in accordance with 643—3.17(125).” The paragraph now reads as follows:

“3.21(11) Placement screening, admission, assessment and evaluation. The program shall conduct an initial assessment which shall include evaluation of the American Society of Addiction Medicine Patient Placement Criteria or other national or recognized criteria approved by the department upon granting a variance by the director in accordance with 643—3.17(125) for determining the eligibility of individuals for placement and admission.”

The Commission on Substance Abuse adopted these amendments October 18, 2000.

These amendments are intended to implement Iowa Code section 125.13.

These amendments will become effective February 14, 2001.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [amendments to Ch 3] is being omitted. With the exception of the changes noted above, these amendments are identical to those published under Notice as ARC 0026B, IAB 8/9/00.

[Filed 12/20/00, effective 2/14/01]
[Published 1/10/01]

[For replacement pages for IAC, see IAC Supplement 1/10/01.]