Pages 1802 to 1884 include ARC 0676B to ARC 0720B

Administrative rules review committee 1794

Schedule for rule making 1792

Publication procedures 1793

Administrative rules on CD–ROM 1793

Agency identification numbers 1800

Filed, Violator/shock probation programs,
20.18 ARC 0698B 1845

Public Health Department[641]
Radioactive waste transportation,
38.8(11) Delay 1885

Notice, Dental assistants—expanded function
registration, 20.6(3) ARC 0720B 1802

Notice, Accreditation of schools and school
districts, 12.1 to 12.3, 12.5, 12.8
ARC 0718B 1802

Notice, Assisted living programs, 27.1, 27.8,
27.9 ARC 0706B 1808

Executive Order Number 18 1886

Notice, College graduates in social work—
specified services provided without
experience requirement, 108.4(3),
185.10(1) ARC 0688B 1810

Notice, Rehabilitative treatment and supportive
service (RTSS) providers—independent audit,
185.102(4) ARC 0689B 1810

Filed, State training school—notification to
sex offenders of duty to register and
complete risk assessment, 7.1, 7.5(4), 7.10(4),
103.31 to 103.35 ARC 0681B 1845

Filed, Food stamp program—claims, 65.21
ARC 0682B 1849

Filed, Medicaid—payment for drugs used for
weight loss, 78.1(2), 78.28(1) ARC 0683B 1849

Filed, Medicaid—reimbursement for local
education agency services, 78.50
ARC 0684B 1850

Filed, Inpatient and outpatient services—
payments to hospitals from graduate medical
education and disproportionate share fund,
79.1(5), 79.1(16) ARC 0685B 1851

Filed, Review—founded child abuse reports
and criminal convictions, amendments to
chs 107 to 110, 113, 157, 170, 200
ARC 0686B 1858

Filed Emergency, College graduates in social
work—specified services provided without
experience requirement, 108.4(3), 185.10(1)
ARC 0687B 1843

Notice, Information technology operational
standards, ch 12 ARC 0700B 1811

Filed, Information technology development
strategies and activities, ch 15 ARC 0699B 1859

Filed, Birth centers, 52.3, 52.4(4), 52.5(1),
52.8(1), 52.9, 52.10 ARC 0696B 1860

Filed, Quality–based inspection, ch 66
ARC 0695B 1861

Filed, Fees, ch 8 ARC 0710B 1862

Filed, Permanent physician licensure; mandatory
reporting and grounds for discipline, ch 9,
12.40(5) ARC 0708B 1862

Filed, Resident, special and temporary physician
licensure, ch 10 ARC 0707B 1864

MEDICAL EXAMINERS BOARD[653] (Cont’d)

Filed, Continuing education and mandatory
training for identifying and reporting abuse,
ch 11 ARC 0709B 1865

Notice, Waivers or variances from administrative
rules, ch 11 ARC 0713B 1812

Notice, State parks and recreation areas; state
forest camping, 61.2 to 61.6, 61.9, 61.12,
62.7, 62.8 ARC 0715B 1813

Filed, Wild turkey fall hunting by residents,
ch 99 ARC 0714B 1867

Filed, Deer hunting by residents, ch 106
ARC 0711B 1867

Filed, Waivers and variances, ch 16
ARC 0719B 1873

Notice, Update of references; types of preserves;
management of preserves, 1.1 to 1.8, 2.1, 2.2
ARC 0712B 1819

Notice, Dietitians, chs 79, 80; 81.6“5,” 81.10;
chs 82, 83 ARC 0703B 1820

Notice, Speech pathologists and audiologists,
chs 299, 300; rescind ch 302; 303.3(2), 303.6,
303.10; chs 304, 305 ARC 0705B 1825

Filed, Nursing home administrators,
ch 141; rescind ch 142; 143.6, 143.10(4);
chs 144, 145 ARC 0704B 1874

Delay, Radioactive waste transportation,
38.8(11) 1885

Filed, Notification and surveillance of reportable
diseases, rescind chs 1 to 3; adopt ch 1
ARC 0691B 1879

Filed, Radiation, amendments to chs 38, 39,
41, 42, 45 ARC 0694B 1879

Filed, Special supplemental nutrition program
for women, infants, and children (WIC),
73.2, 73.7 to 73.9, 73.11(2), 73.19
ARC 0692B 1880

Filed, Variances and waivers of public health
administrative rules, ch 178 ARC 0693B 1881

Summarized list 1797

Notice, Waivers, variances, and exceptions,
5.1(5), 5.15, 10.1, 10.222 ARC 0717B 1831

Notice, Sex offender registry—criminal
transmission of HIV, 8.302(11)“i”
ARC 0676B 1836

Notice, Fee schedule—building code plan
reviews, 16.131(2)“c” ARC 0678B 1837

Filed Emergency, Sex offender registry—
criminal transmission of HIV, 8.302(11)“i”
ARC 0677B 1843

Public Notice 1837

Notice, Multilevel marketers—audit by
department, 4.1(4)“b”(1) ARC 0702B 1838

Filed, Tax exemptions—dyed fuel, motor fuel,
cigarettes, and tobacco products, 68.3,
68.8(18), 82.4(5)“b,” 83.4, 83.10, 83.11(2),
84.2 ARC 0701B 1881

Filed, Waiver or variance of rules, ch 8
ARC 0690B 1882

Filed, Uniform waiver and variance rules, ch 16,
17.6 ARC 0716B 1883

Notice, Vehicle registration and certificate of title,
400.3(2), 400.7, 400.8, 400.13, 400.19,
400.28, 400.44(2), 400.45, 400.60(2),
400.70, 400.71, 405.3(2), 405.6(3)
ARC 0697B 1839

Filed, Iowa scenic byway program, 132.1,
132.5 ARC 0680B 1883

Notice 1841

Notice, Service of filings on office of consumer
advocate, 1.8(4)“c” ARC 0679B 1841

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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Rules will not be accepted after 12 o’clock noon on the Friday filing deadline days unless prior approval has been received from the Administrative Rules Coordinator’s office.

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

TO: Administrative Rules Coordinators and Text Processors of State Agencies

FROM: Kathleen K. Bates, Iowa Administrative Code Editor

SUBJECT: Publication of Rules in Iowa Administrative Bulletin

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

1. To facilitate the processing of rule–making documents, we request a 3.5” High Density (not Double Density) IBM PC–compatible diskette of the rule making. Please indicate on each diskette the following information: agency name, file name, format used for exporting, and chapter(s) amended. Diskettes may be delivered to the Administrative Code Division, First Floor South, Grimes State Office Building or included with the documents submitted to the Governor’s Administrative Rules Coordinator.

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Containing: Iowa Administrative Code (updated through December 2000)
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Attn: Ms. Stephanie Cox
State Capitol
Des Moines, Iowa 50319
Telephone: (515)281–3566 Fax: (515)281–8027
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The Administrative Rules Review Committee will hold a special meeting on Tuesday, June 5, 2001, at 10 a.m. and Wednesday, June 6, 2001, at 9 a.m. in Senate Committee Room 116, State Capitol, Des Moines, Iowa. The following rules will be reviewed:

To All Agencies:

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

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

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

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

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

The following list will be updated as changes occur:

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Agricultural Development Authority[25]

Soil Conservation Division[27]

ATTORNEY GENERAL[61]

AUDITOR OF STATE[81]

CITIZENS’ AIDE[141]

CIVIL RIGHTS COMMISSION[161]

COMMERCE DEPARTMENT[181]

Alcoholic Beverages Division[185]

Banking Division[187]

Credit Union Division[189]

Insurance Division[191]

Professional Licensing and Regulation Division[193]

Accountancy Examining Board[193A]

Architectural Examining Board[193B]

Engineering and Land Surveying Examining Board[193C]

Landscape Architectural Examining Board[193D]

Real Estate Commission[193E]

Real Estate Appraiser Examining Board[193F]

Savings and Loan Division[197]

Utilities Division[199]

CORRECTIONS DEPARTMENT[201]

Parole Board[205]

CULTURAL AFFAIRS DEPARTMENT[221]

Arts Division[222]

Historical Division[223]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

City Development Board[263]

Iowa Finance Authority[265]

EDUCATION DEPARTMENT[281]

Educational Examiners Board[282]

College Student Aid Commission[283]

Higher Education Loan Authority[284]

Iowa Advance Funding Authority[285]

Libraries and Information Services Division[286]

Public Broadcasting Division[288]

School Budget Review Committee[289]

ELDER AFFAIRS DEPARTMENT[321]

EXECUTIVE COUNCIL[361]

GENERAL SERVICES DEPARTMENT[401]

HUMAN RIGHTS DEPARTMENT[421]

Community Action Agencies Division[427]

Criminal and Juvenile Justice Planning Division[428]

Deaf Services Division[429]

Persons With Disabilities Division[431]

Latino Affairs Division[433]

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

Status of Women Division[435]

HUMAN SERVICES DEPARTMENT[441]

INFORMATION TECHNOLOGY DEPARTMENT[471]

INSPECTIONS AND APPEALS DEPARTMENT[481]

Employment Appeal Board[486]

Foster Care Review Board[489]

Racing and Gaming Commission[491]

State Public Defender[493]

LAW ENFORCEMENT ACADEMY[501]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

NATURAL RESOURCES DEPARTMENT[561]

Energy and Geological Resources Division[565]

Environmental Protection Commission[567]

Natural Resource Commission[571]

Preserves, State Advisory Board[575]

PERSONNEL DEPARTMENT[581]

PUBLIC DEFENSE DEPARTMENT[601]

Emergency Management Division[605]

Military Division[611]

PUBLIC EMPLOYMENT RELATIONS BOARD[621]

PUBLIC HEALTH DEPARTMENT[641]

Substance Abuse Commission[643]

Professional Licensure Division[645]

Dental Examiners Board[650]

Medical Examiners Board[653]

Nursing Board[655]

Pharmacy Examiners Board[657]

PUBLIC SAFETY DEPARTMENT[661]

REGENTS BOARD[681]

Archaeologist[685]

REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]

SECRETARY OF STATE[721]

TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]

TREASURER OF STATE[781]

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Labor Services Division[875]

Workers’ Compensation Division[876]

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

Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners hereby gives Notice of Intended Action to amend Chapter 20, “Dental Assistants,” Iowa Administrative Code.

The purpose of the proposed amendment is to change the eligibility criteria for dental assistants applying for expanded function registration beginning July 1, 2002. The amendment eliminates the requirement that a person must have either two years of experience as a registered dental assistant or be a current certified dental assistant (CDA) with six months of dental assisting experience. The amendment would require that a person have either two years of clinical dental assisting experience or be a current CDA, without any additional clinical experience. To receive the CDA credential, a person must already have a certain level of clinical experience in order to challenge the examination or have received clinical experience as part of the accredited dental assisting education program. Requiring two years of clinical dental assisting experience instead of two years of experience as a registered dental assistant will allow persons who are not CDAs to begin applying for registration in expanded functions in the year 2002 instead of 2003. In addition, the change makes the requirement consistent with the level of experience needed to challenge the Dental Assisting National Board CDA exam.

This amendment is subject to waiver or variance pursuant to 650—Chapter 7.

Any interested person may make written comments or suggestions on the proposed amendment on or before June 19, 2001. Such written comments should be directed to Jennifer Hart, Executive Officer, Board of Dental Examiners, 400 SW 8th Street, Suite D, Des Moines, Iowa 50309–4687. E–mail may also be sent to jhart@bon.state.ia.us.

Also, there will be a public hearing on June 19, 2001, from 3 to 4 p.m. in the Conference Room, 400 SW 8th Street, Suite D, Des Moines, Iowa. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment. Any person who plans to attend the public hearing and who may have special requirements, such as hearing or mobility impairments, should contact the Board and advise of specific needs.

This amendment was approved at the April 26, 2001, regular meeting of the Board of Dental Examiners.

This amendment is intended to implement Iowa Code chapters 17A, 147 and 153.

The following amendment is proposed.

Amend subrule 20.6(3), paragraph “a,” as follows:

a. To meet the qualifications of expanded function dental assistant, applicants must:

(1) Have two years of clinical dental assisting experience as a registered dental assistant; or

(2) Be a current certified dental assistant as defined by the Dental Assisting National Board with six months of dental assisting experience; and

(3) Have successfully completed a formal program in one or more expanded functions within the previous two years of application as an expanded function dental assistant or documentation of equivalent out–of–state registration or education.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby gives Notice of Intended Action to amend Chapter 12, “Accreditation of Schools and School Districts,” Iowa Administrative Code.

The proposed amendments create an accreditation process that helps to ensure that all students, regardless of their background, achieve at high levels and that schools and school districts provide welcoming and supportive learning environments for all students.

These amendments reflect statutory provisions, and because of their relationship to civil rights legislation, a waiver of this rule might conflict with state and federal law.

Any interested party may make written suggestions or comments on the proposed amendments on or before August 13, 2001. Written materials should be directed to TomAndersen, Bureau of Administration and School Improvement Services, Iowa Department of Education, Grimes State Office Building, Des Moines, Iowa 50319–0146, or by fax (515)281–7700, or by E–mail to tom.andersen@ed.state. ia.us. Persons who wish to convey their views orally should contact the Bureau of Administration and School Improvement Services at (515)281–8170 or at the Bureau offices on the second floor of the Grimes State Office Building.

Public hearings on the proposed amendments will be held as follows:

The first hearing will be held on June 27, 2001, from 7 to 9:30 p.m. in the Library, Wilson Junior High School, 715 North 21st Street, Council Bluffs, Iowa.

The second hearing will be held on July 12, 2001, from 7 to 9:30 p.m. in the Media Center, Hoover High School, 4800 Aurora Avenue, Des Moines, Iowa.

The third hearing will be held on August 13, 2001, from 7 to 9:30 p.m. at the Media Center, West High School, 3505 West Locust, Davenport, Iowa.

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

Any person who intends to attend a public hearing and requires special accommodations for specific needs should contact the Bureau of Administration and School Improvement Services at (515)281–8170 at least five business days prior to the hearing date.

These amendments are intended to implement Iowa Code sections 19B.11, 19B.12, 216.9, 256.7(21), 279.8, 280.3,and 729A.1; and 20 U.S.C. Section 794, 20 U.S.C. Sections 1400 ff., 20 U.S.C. Section 1681, 20 U.S.C. Sections 1701–1721, 42 U.S.C. Sections 2000 c and d, and 42 U.S.C. Section 11432.

The following amendments are proposed.

ITEM 1. Amend 281—Chapter 12, Preamble, as follows:

PREAMBLE

The goal for the early childhood through twelfth grade educational system in Iowa is to improve the learning, achievement, and performance and citizenship of all students so they become successful members of a community and workforce. It is expected that each school and school district shall continue to improve its inclusive educational system so that more all students will increase their learning, achievement, and performance.

Accreditation focuses on an ongoing school improvement process for schools and school districts. However, general accreditation standards are the minimum requirements that must be met by an Iowa public school district to be accredited. A public school district that does not maintain accreditation shall be merged, by the state board of education, with one or more contiguous school districts as required by Iowa Code subsection 256.11(12). A nonpublic school must meet the general accreditation standards if it wishes to be designated as accredited for operation in Iowa.

General accreditation standards are intended to fulfill the state’s responsibility for making available providing an appropriate educational program that has in a safe and civil learning environment with high expectations for all students in Iowa. The accreditation standards ensure that each child has access to an educational program that meets the needs and abilities of the child regardless of race, color, national origin, gender, disability, religion, creed, marital status, geographic location, or socioeconomic background color, creed, disability, gender, marital status, national origin, race, religion, sexual orientation, or socioeconomic status.

With local community input and collaboration, school districts and accredited nonpublic schools shall incorporate accountability for student achievement into comprehensive school improvement plans designed to increase the learning, achievement, and performance and citizenship of all students. As applicable, and to the extent possible, comprehensive school improvement plans shall consolidate federal and state program goal setting, planning, and reporting requirements. Provisions for multicultural and gender fair education, technology integration, global education, gifted and talented students, at–risk students, students with disabilities, and the professional development of all staff shall be incorporated, as applicable, into the comprehensive school improvement plan. See subrules 12.5(8) to 12.5(13), 12.7(1), and 12.8(1).

ITEM 2. Amend subrule 12.1(1), introductory paragraph, as follows:

12.1(1) Schools and school districts governed by general accreditation standards. These standards govern the accreditation of all prekindergarten, if offered, or kindergarten through grade 12 school districts operated by public school corporations and the accreditation, if requested, of prekindergarten or kindergarten through grade 12 schools operated under nonpublic auspices. Schools and school districts shall take action to ensure that all students are provided with equitable opportunity in programs, courses, and activities and that all students are free from discriminatory acts and practices on the basis of color, creed, disability, gender, marital status, national origin, race, or religion. Each school district Schools and school districts shall take affirmative steps to integrate students in attendance centers, educational programs, and courses, and activities on the basis of disability, gender, national origin, race and socioeconomic status as stated in subrules 12.1(12) and 12.5(20). Schools and school districts shall collect and annually review district, attendance center, and course enrollment data on the basis of race, national origin, gender, and disability. Equal opportunity in programs shall be provided to all students regardless of race, color, national origin, gender, disability, religion, or creed.

Nothing in this rule these rules shall be construed as prohibiting any bona fide religious institution from imposing qualifications based upon religion when such qualifications are related to a bona fide religious purpose.

ITEM 3. Adopt new subrule 12.1(12) as follows:

12.1(12) Inclusive schools. Schools and school districts shall take affirmative steps to include students in attendance centers on the basis of disability, gender, national origin, race and socioeconomic status. These steps shall be taken to help ensure high levels of achievement for all students. Schools and school districts shall collect and annually review district and attendance center enrollments on the basis of disability, gender, race, and socioeconomic status in order to monitor schools’ and school districts’ progress toward inclusion.

The affirmative steps to increase student achievement by including students shall be an integral part of long–range and annual planning and shall include the following:

a. Facilities and student enrollment. Schools and school districts shall consider the impact that decisions related to construction, remodeling and closing schools, the drawing of attendance boundaries, the development of vertical feeder systems, student transportation, intradistrict transfer policies, the placement of specialized programs and services, and access to technological resources will have on the isolation of students on the basis of disability, gender, national origin, race, or socioeconomic status.

b. Resource allocation. Schools and school districts shall ensure the equitable distribution of resources across all geographic areas of the school district. Equitable does not necessarily mean equal resources. It means the distribution of resources necessary to achieve the same student learning goals in every school attendance center. Resources means the assets, financial and nonfinancial, available to a school or school district. Examples of resource allocation that do not affect finances include the use of volunteers, the reassignment of more experienced teachers, and the use of federal and community resources.

c. Educational alternatives. Schools and school districts shall provide educational alternatives that create opportunities for students, parents, and families to make voluntary, informed choices to participate in inclusive schools and inclusive educational programs. Alternatives could include, but are not limited to, extended school year, block scheduling, and magnet programs within individual schools in the arts, science and technology, foreign language, multicultural/international studies, business, speech and writing.

d. Community outreach. Schools and school districts shall engage the community, parents, family members, and students from diverse backgrounds in planning and implementing integration strategies within the context of the broader involvement of the community in school improvement as required in paragraph 12.8(1)“a.” Schools and school districts are strongly encouraged to communicate and collaborate with community housing authorities, business, labor, faith–based organizations, health and human services providers, other governmental agencies, the media, and higher education representatives within the community.

e. Climate and student support services. Schools and school districts shall implement strategies for making schools welcoming and supportive for diverse learners as an integral part of the school improvement process.

f. Collaboration. Collaboration to implement joint strategies that contribute to better understanding and relationships among students from diverse backgrounds is strongly encouraged between:

(1) Desegregating school districts and the school districts contiguous to them;

(2) Racially isolated school districts and the school districts contiguous to them; and

(3) Inclusive attendance centers and isolated attendance centers within the same school district.

If, after the first five of the above affirmative steps have been taken to include students in attendance centers on the basis of disability, national origin, race, and socioeconomic status, isolated attendance centers still exist, schools and school districts shall implement the steps outlined in subrule 12.8(1).

ITEM 4. Amend rule 281—12.2(256) as follows:

Amend the following definitions:

“Comprehensive school improvement plan” means a design that shall describe how the school or school district will increase student learning, achievement, and performance as well as foster citizenship skills for all students. This ongoing improvement design may address more than student learning, achievement, and performance.

“School improvement advisory committee” means a committee, as defined in Iowa Code section 280.12, that is appointed by the board. Committee membership shall include students, parents, teachers, administrators, and representatives from the local community which may include business, industry, labor, community agencies, higher education, or other community constituents. To the extent possible, committee membership shall have balanced representation of the following: race, gender, national origin, and disability disability, gender, national origin and race. The school improvement advisory committee as defined by Iowa Code section 280.12 and the board are also part of, but not inclusive of, the local community.

“Subgroups” means a subset of the student population that has a common characteristic. Subgroups include, but are not limited to, gender, race, students with disabilities, and disability, English language learner, gender, race, or socioeconomic status.

Adopt the following new definitions in alphabetical order:

“Diversity” means the variety of characteristics that make individuals unique including age, color, creed, disability, gender, marital status, national origin, race, religion, sexual orientation, and socioeconomic status.

“English language learner” means a student whose primary language is one other than English and whose inability or limited ability to speak, write, or read English significantly impedes the student’s educational progress and achievement.

“Harassment” means verbal, nonverbal, or physical conduct based on an employee’s actual or perceived age, or a student’s or employee’s color, creed, disability, gender, marital status, national origin, race, religion, sexual orientation, or socioeconomic status and which has the purpose or effect of substantially interfering with a student’s educational performance or an employee’s employment or of creating an intimidating, hostile, or abusive educational or employment environment.

“Inclusion” means the acts of a school or school district to welcome, physically include, and provide supportive learning and working environments for all students and employees regardless of their age (age applies to employees only), color, creed, disability, gender, marital status, national origin, race, religion, sexual orientation, or socioeconomic status.

“Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment or advancement or of a student’s participation in school programs or activities; or

2. Submission to or rejection of such conduct by an employee or student is used as a basis for decisions affecting the employee or student; or

3. Such conduct has the purpose or effect of unreasonably interfering with an employee’s or student’s performance or creating an intimidating or hostile working or learning environment.

ITEM 5. Amend subrule 12.3(6) as follows:

12.3(6) Student responsibility and discipline. The board shall adopt student responsibility and discipline policies as required by Iowa Code section 279.8. The board shall involve parents, students, instructional and noninstructional professional staff, and community members in the development and revision of those policies where practicable or unless specific policy is mandated by legislation. The policies shall relate to the educational purposes of the school or school district. The policies shall include, but are not limited to, the following: attendance; use of tobacco; the use or possession of alcoholic beverages or any controlled substance; student–to–student harassment; harassment of or by students and staff; violent, destructive, and seriously disruptive behavior; suspension, expulsion, emergency removal, weapons, and physical restraint; out–of–school behavior; participation in extracurricular activities; academic progress; and citizenship.

The policies shall ensure due process rights for students and parents, including consideration for students who have been identified as requiring special education programs and services.

The board shall also consider the potential, disparate impact of the policies on students because of race, color, national origin, gender, disability, religion, creed, color, creed, disability, gender, national origin, race, religion, or socioeconomic background status. The board shall collect and analyze suspension and expulsion data on the basis of disability, gender, and race.

The board shall publicize its support of these policies; its support of the staff in enforcing them; and the staff’s accountability for implementing them.

ITEM 6. Adopt new subrules 12.3(7) to 12.3(9) as follows and renumber existing subrules 12.3(7) to 12.3(9) as 12.3(10) to 12.3(12):

12.3(7) Student discrimination and harassment. Schools and school districts shall develop policies and practices to ensure that students are free from discriminatory acts and practices on the basis of color, creed, disability, gender, marital status, national origin, race, or religion. Schools or school districts also shall develop policies and practices to ensure that students are free from harassment which is sexual in nature or based upon color, creed, disability, gender, marital status, national origin, race, religion, or sexual orientation.

12.3(8) Employee discrimination and harassment. Schools and school districts shall develop policies and practices to ensure that employees and applicants for employment are free from discriminatory acts and practices on the basis of age, color, creed, disability, gender, marital status, national origin, race, or religion.

Schools and school districts also shall develop policies and practices to ensure that all employees and applicants for employment are free from harassment which is sexual in nature or based upon age, color, creed, disability, gender, marital status, national origin, race, religion, or sexual orientation.

12.3(9) Staff diversity. School districts shall take steps to hire and retain employees of diverse backgrounds so as to provide role models and better ensure high academic achievement for all students as required by Iowa Code section 19B.11.

ITEM 7. Amend subrule 12.5(8) as follows:

12.5(8) Multicultural and gender fair approaches to the educational program. The board shall establish a policy to ensure that students are free from discriminatory practices in the educational program as required by Iowa Code section 256.11 multicultural, gender fair approaches are used across the entire educational program. In developing or revising the policy, parents, students, instructional and noninstructional staff, and community members from diverse backgrounds shall be involved. Each school or school district shall incorporate multicultural and gender fair goals for the educational program into its comprehensive school improvement plan. Incorporation shall include the following:

ITEM 8. Adopt new subrule 12.5(19) as follows:

12.5(19) Homeless students. Each board shall have a policy and implement practices that ensure that homeless children of school age (as defined in rule 281—33.2(256)) have access to the same free and appropriate education as is provided to other children including access to transportation; that any residency requirements do not act as barriers to the enrollment, attendance, or success of homeless children in schools; that homelessness alone is not used as a reason to separate students from the mainstream school environment; and that homeless children have access to education and the necessary services to provide them with the opportunity to meet the same student performance standards to which all students are held.

ITEM 9. Adopt new subrule 12.5(20) as follows:

12.5(20) Isolated educational programs. Schools and school districts shall take affirmative steps to include students in educational programs, courses, and activities on the basis of disability, gender, national origin, and race. Schools and school districts shall collect and annually review educational program and course enrollment data on the basis of disability, gender, and race in order to monitor schools’ and school districts’ progress toward inclusion. For the purposes of these rules, a “disability isolated educational program” is an educational program, course, or activity in which the enrollment of students with disabilities is ten percentage points greater or less than the enrollment of students with disabilities in the school they attend. A “gender isolated educational program” is an educational program, course, or activity in which the enrollment exceeds 80 percent for either males or females. However, athletics and sex education programs are exempted by federal law from compliance (34 CFR 106.41; 20 U.S.C. 1681; 34 CFR 106.9). A “racially isolated educational program” is an educational program, course, or activity in which the aggregate enrollment of minority students is ten percentage points greater or less than the aggregate enrollment of minority students in the school they attend.

Having an isolated program as defined in this subrule does not, in and of itself, constitute noncompliance with these rules. When educational programs, courses, and activities are identified as isolated on the basis of disability, gender, and race, schools and school districts shall:

a. Review their student assignment and program policies, practices, and content to ensure that they are not causing or contributing to the isolation;

b. Take specific steps to encourage integration or the enrollment of students who have not traditionally been included or involved; and

c. Demonstrate, in the case of disability isolation when the isolation is found to be due to student assignment and program policies, that the degree of isolation is consistent with the “least restrictive learning environment” for the students involved and that the existing isolation is conducive to improved student learning.

ITEM 10. Amend subrule 12.8(1) as follows:

12.8(1) Comprehensive school improvement. The general accreditation standards are minimum, uniform requirements. However, the department encourages schools and school districts to go beyond the minimum with their work toward ongoing improvement. As a means to this end, local comprehensive school improvement plans shall be specific to a school or school district and designed, at a minimum, to increase the learning, achievement, and performance of all students in inclusive learning environments.

As a part of ongoing improvement in its educational system, the board shall adopt a written comprehensive school improvement plan designed for continuous school, parental, and community involvement in the development and monitoring of a plan that is aligned with school or school district determined needs.

Comprehensive school improvement plans The plan shall incorporate, to the extent possible, the consolidation of federal and state planning, goal setting, and reporting requirements. The plan shall contain, but is not limited to, the following components:

a. Community involvement.

(1) Local community. The school or school district shall involve the local community in decision–making processes as appropriate. The school or school district shall seek input from the local community about, but not limited to, the following elements at least once every five years:

1. Statement of philosophy, beliefs, mission, or vision;

2. Major educational needs; and

3. Student learning goals.

(2) School improvement advisory committee. To meet requirements of Iowa Code section 280.12(2), the board shall appoint and charge a school improvement advisory committee to make recommendations to the board. Based on the committee members’ analysis of the needs assessment data, they the committee shall make recommendations to the board about the following components:

1. Major educational needs;

2. Student learning goals; and

3. Long–range goals that include, but are not limited to, the state indicators that address reading, mathematics, and science achievement.

(3) At least annually, the school improvement advisory committee shall also make recommendations to the board with regard to, but not limited to, the following:

1. Progress achieved with the annual improvement goals for the state indicators that address reading, mathematics, and science in subrule 12.8(3);

2. Progress achieved with other locally determined core indicators; and

3. Annual improvement goals for the state indicators that address reading, mathematics, and science achievement.

b. Data collection, analysis, and goal setting.

(1) Policy. The board shall adopt a policy for conducting ongoing and long–range needs assessment processes. This policy shall ensure involvement of and communication with the local community regarding its expectations for adequate preparation for all students as responsible citizens and successful wage earners. The policy shall include provisions for keeping the local community regularly informed of progress on state indicators as described in subrule 12.8(3), other locally determined indicators within the comprehensive school improvement plan as required by Iowa Code section 280.12, and the methods a school district will use to inform kindergarten through grade 3 parents of their individual child’s performance biannually as described in 1999 Iowa Acts, House File 743 Iowa Code chapter 256D. The policy shall describe how the school or school district shall provide opportunities for local community feedback on an ongoing basis.

(2) Long–range data collection and analysis. The long–range needs assessment process shall include provisions for collecting, analyzing, and reporting information derived from local, state, and national sources. The process shall include provisions for reviewing information acquired over time on the following:

1. State indicators and other locally determined indicators;

2. Locally established student learning goals; and

3. Specific data collection required by federal and state programs.

Schools and school districts shall also collect information about additional factors influencing student achievement which may include, but are not limited to, demographics, attitudes, health, and other risk factors.

(3) Long–range goals. The board, with input from its school improvement advisory committee, shall adopt long–range goals to improve student achievement in at least the areas of reading, mathematics, and science. When significant differences exist between and among subgroups on state indicator achievement data, the school or school district shall establish goals to close the achievement gaps.

(4) Annual data collection and analysis. The ongoing needs assessment process shall include provisions for collecting and analyzing annual assessment data on the state indicators, other locally determined indicators, and locally established student learning goals.

(5) Annual improvement goals. The board, with input from its school improvement advisory committee, shall adopt annual improvement goals based on data from at least one districtwide assessment. The goals shall describe desired annual increase in the curriculum areas of, but not limited to, mathematics, reading, and science achievement for all students, for particular subgroups of students, or both. Annual improvement goals may be set for the early intervention program as described in subrule 12.5(18), other state indicators, locally determined indicators, locally established student learning goals, other curriculum areas, future student employability, or factors influencing student achievement.

c. Content standards and benchmarks.

(1) Policy. The board shall adopt a policy outlining its procedures for developing, implementing, and evaluating its total curriculum. The policy shall describe a process for establishing content standards, benchmarks, performance levels, and annual improvement goals aligned with needs assessment information.

(2) Content standards and benchmarks. The board shall adopt clear, rigorous, and challenging content standards and benchmarks in reading, mathematics, and science to guide the learning of students from the date of school entrance until high school graduation. Standards and benchmarks may be adopted for other curriculum areas defined in 281—Chapter 12, Division V. The comprehensive school improvement plan submitted to the department shall contain, at a minimum, content standards for reading, mathematics, and science. The educational program as defined in 281—Chapter 12, Division II, shall incorporate career education, multicultural and gender fair education, technology integration, global education, higher–order thinking skills, learning skills, and communication skills as outlined in subrules 12.5(7), 12.5(8), 12.5(10), and 12.5(11), and subparagraph 12.8(1)“c”(1).

d. Determination and implementation of actions to meet the needs. The comprehensive school improvement plan shall include actions the school or school district shall take districtwide in order to accomplish its long–range and annual improvement goals as required in Iowa Code subsection 280.12(1)“b.”

(1) Actions shall include, but are not limited to, addressing the improvement of curricular and instructional practices to attain the long–range goals, annual improvement goals, and the early intervention goals as described in subrule 12.5(18). Specific actions shall be taken to decrease any significant gaps that exist in achievement data for subgroups as defined in subrule 12.8(3).

(2) A school or school district shall document consolidation of state and federal resources and requirements, as appropriate, to implement the actions in its comprehensive school improvement plan. State and federal resources shall be used, as applicable, to support implementation of the plan.

(3) A school or school district may have building–level action plans, aligned with its comprehensive school improvement plan in attendance centers other than those that are defined as isolated. These may be included in the comprehensive school improvement plan or kept on file at the local level.

e. Evaluation of the comprehensive school improvement plan. A school or school district shall develop strategies to collect data and information to determine if the plan has accomplished the goals for which it was established.

f. Assessment of student progress. Each school or school district shall include in its comprehensive school improvement plan provisions for districtwide assessment of student progress for all students. The plan shall identify valid and reliable student assessments aligned with local content standards. These assessments are not limited to commercially developed measures. School districts receiving early intervention funding described in subrule 12.5(18) shall provide for diagnostic reading assessments for kindergarten through grade 3 students as described in 1999 Iowa Acts, House File 743 Iowa Code chapter 265D.

(1) State indicators. Using at least one districtwide assessment, a school or school district shall assess student progress on the state indicators in, but not limited to, reading, mathematics, and science as specified in subrule 12.8(3). At least one districtwide assessment shall allow for, but not be limited to, the comparison of the school or school district’s students with students from across the state and in the nation in reading, mathematics, and science. A school or school district shall use additional assessments to measure progress on locally determined content standards in at least reading, mathematics, and science.

(2) Performance levels. A school or school district shall establish at least three performance levels on at least one districtwide valid and reliable assessment in the areas of reading and mathematics for at least grades 4, 8, and 11 and science in grades 8 and 11 or use the achievement levels as established by the Iowa Testing Program to meet the intent of this subparagraph (2).

g. Assurances and support. A school or school district shall provide evidence that its board has approved and supports the five–year comprehensive school improvement plan and any future revisions of that plan. This assurance includes the commitment for ongoing improvement of the educational system.

ITEM 11. Amend subrule 12.8(3) as follows:

12.8(3) Annual reporting requirements. A school or school district shall, at minimum, report annually to its local community about the progress on the state indicators and other locally determined indicators.

a. State indicators. A school or school district shall collect data on the following indicators for reporting purposes:

(1) The percentage of all fourth, eighth, and eleventh grade students achieving proficient or higher reading status using at least three achievement levels and by gender, race, socioeconomic status, students with disabilities by disability, English language learner status, gender, race, socioeconomic status, and other subgroups as required by state or federal law.

(2) The percentage of all fourth, eighth, and eleventh grade students achieving proficient or higher mathematics status using at least three achievement levels and for gender, race, socioeconomic status, students with disabilities by disability, English language learner status, gender, race, socioeconomic status, and other subgroups as required by state or federal law.

(3) The percentage of all eighth and eleventh grade students achieving proficient or higher science status using at least three achievement levels.

(4) The percentage of students considered as dropouts for grades 7 to 12 by gender, race, students with disabilities by disability, gender, and race, and other subgroups as required by state or federal law.

(5) The percentage of high school seniors who intend to pursue postsecondary education/training.

(6) The percentage of high school students achieving a score or status on a measure indicating probable postsecondary success. This measure should be the measure used by the majority of students in the school, school district, or attendance center who plan to attend a postsecondary institution.

(7) The percentage of high school graduates who complete a core program of four years of English–language arts and three or more years each of mathematics, science, and social studies.

b. Annual progress report. Each school or school district shall submit an annual progress report to its local community, its respective area education agency, and the department. That report shall be submitted to the department by September 15, 2000, and by September 15 every year thereafter. The report shall include, but not be limited to, the following information:

(1) Baseline data on at least one districtwide assessment for the state indicators described in subrule 12.8(3). Every year thereafter the school or school district shall compare the annual data collected with the baseline data. A school or school district is not required to report to the community about subgroup assessment results when a subgroup contains fewer than ten students at a grade level. A school or school district shall report districtwide assessment results for all enrolled and tuitioned–in students.

(2) Locally determined performance levels for at least one districtwide assessment in, at a minimum, the areas of reading, mathematics, and science. Student achievement levels as defined by the Iowa Testing Program may be used to fulfill this requirement.

(3) Long–range goals to improve student achievement in the areas of, but not limited to, reading, mathematics, and science.

(4) Annual improvement goals based on at least one districtwide assessment in, at a minimum, the areas of reading, mathematics, and science. One annual improvement goal may address all areas, or individual annual improvement goals for each area may be identified. When a school or school district does not meet its annual improvement goals for one year, it shall include in its annual progress report the actions it will take to meet annual improvement goals for the next school year.

(5) Data on multiple assessments for reporting achievement for all students in the areas of reading and mathematics by September 15, 2001, and for science by September 15, 2003.

(6) Results by individual attendance centers, as appropriate, on the state indicators as stated in subrule 12.8(3) and any other locally determined factors or indicators. An attendance center, for reporting purposes, is a building that houses students in grade 4 or grade 8 or grade 11.

(7) (8) Progress with the use of technology as required by Iowa Code section 295.3. This requirement does not apply to accredited nonpublic schools.

(8) (9) School districts are encouraged to provide information on the reading proficiency of kindergarten through grade 3 students by grade level. However, all school districts receiving early intervention block grant funds shall report to the department the progress toward achieving their early intervention goals.

(9) (10) Other reports of progress as the director of the department requires and other reporting requirements as the result of federal and state program consolidation.

Pursuant to the authority of Iowa Code section 231C.3, the Department of Elder Affairs hereby gives Notice of Intended Action to amend Chapter 27, “Assisted Living Programs,” Iowa Administrative Code.

The proposed amendments reorganize current structural requirements and add safety measures to be taken when items such as locks and kitchen appliances become hazardous to persons with cognitive impairment; add requirements for new construction where preexisting structural limitations do not exist to provide adequate space and a private bathroom to create a living unit that affords tenants privacy and dignity; and add language allowing modifications in the general assisted living structure requirements for assisted living programs serving persons with dementia to meet the therapeutic environmental needs of persons with dementia. The amendments to rule 321—27.9(231C) update cross references and add key life safety measures for assisted living programs serving persons with dementia, such as a procedure for responding to missing person reports and providing additional evacuation time by using slower–burning building materials.

The proposed amendments to Chapter 27 will be subject to waiver.

Any interested person may make written suggestions or comments on the proposed amendments on or before June 19, 2001. Written comments should be directed to Beth Bahnson, HCBS Division Administrator, Department of Elder Affairs, 200 Tenth Street, Suite 300, Des Moines, Iowa 50309–3609.

Oral or written comments on these amendments may be submitted at a public hearing to be held at 10 a.m. on Tuesday, June 19, 2001, in Room 316, Hotel Fort Des Moines, Tenth and Walnut, Des Moines, Iowa. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of these amendments.

Anyone who wishes to attend the hearing and has special requirements such as hearing, vision, mobility impairments, or other special needs should notify the Department of Elder Affairs no later than 4 p.m. on Thursday, June 14, 2001. Notice may be provided in writing at the address above or by telephone at (515)242–3325.

These amendments are intended to implement Iowa Code section 231C.3.

The following amendments are proposed.

ITEM 1. Amend rule 321—27.1(231C) by adopting the following new definition in alphabetical order:

“Dementia–specific assisted living program” means an assisted living program certified under this chapter that holds itself out as providing special care for persons with cognitive impairment or dementia, such as Alzheimer’s disease, in a dedicated setting.

ITEM 2. Amend rule 321—27.8(231C) as follows:

27.8(1) General requirements.

a. The structure of the assisted living program shall be designed and operated to meet the needs of the tenants.

27.8(2) b. Building and grounds shall be well maintained, clean, safe and sanitary.

27.8(3) c. Assisted living programs may shall have private dwelling units with a single–action lockable doors entrance door. An assisted living program serving persons with cognitive impairment or dementia, whether in a general or dementia–specific setting, shall have the means to disable or remove the lock and shall do so if the presence of the lock presents a danger to the health and safety of the tenant. and

d. Assisted living programs may have individual cooking facilities within the private dwelling units. Any assisted living program serving persons with cognitive impairment or dementia, whether in a general or dementia–specific setting, shall have the means to disable or easily remove appliances and shall do so if the presence of cooking appliances presents a danger to the health and safety of the tenant.

27.8(4) 27.8(2) Dwelling units.

a. For assisted living programs certified prior to July 4, 2001.

(1) Each dwelling unit shall have at least one room which will have not less than 120 square feet of floor area. Other habitable rooms shall have an area of not less than 70 square feet.

b. (2) Each dwelling unit shall have not less than 190 square feet of floor area, excluding bathrooms.

c. (3) A dwelling unit used for double occupancy shall have not less than 290 square feet of floor area, excluding bathrooms.

27.8(5) (4) The assisted living program shall have a minimum common area of 15 square feet per tenant.

ITEM 3. Amend rule 321—27.9(231C) as follows:

27.9(1) The assisted living program shall have a written emergency and fire safety procedure. An assisted living program serving persons with cognitive impairment or dementia, whether in a general or dementia–specific setting, shall also include written procedures regarding appropriate staff response if a tenant with cognitive impairment or dementia is missing.

27.9(2) The assisted living program facility program’s structure and procedures shall meet the fire life safety standards of the National Fire Protection Association, 1994 edition, chapter 22 or 23 and referenced addenda, as designated for this category in 661 IAC 5.626(231C) and such other building and public safety codes as may apply to an assisted living program as defined in Iowa Code section 231C.1, including but not limited to the Americans with Disabilities Act, the Fair Housing Act, applicable regulations of the Occupational Safety and Health Administration, and the rules pertaining to accessibility contained in the Iowa State Building Code, administration section, division 7, and 661 IAC 18.

Pursuant to the authority of Iowa Code sections 234.6 and 238.16, the Department of Human Services proposes to amend Chapter 108, “Licensing and Regulation of Child–Placing Agencies,” and Chapter 185, “Rehabilitative Treatment Services,” appearing in the Iowa Administrative Code.

These amendments allow college graduates who have a bachelor’s degree in social work to provide specified services under the Rehabilitative Treatment Services Program or through licensed child–placing agencies without meeting the experience requirements applicable to those who have a bachelor’s degree in a human services field related to social work. Social work graduates have completed a practicum as part of their education that provides experience in these types of services.

The Board of Social Work Examiners has reviewed and approved these changes. These changes will expand the pool of qualified applicants for the providers of these services. Providers have indicated that locating qualified staff is an issue in the current economy.

These amendments do not provide for waivers in specified situations because the amendments confer a benefit by expanding the pool of personnel qualified to provide these services.

The substance of these amendments is also Adopted and Filed Emergency and is published herein as ARC 0687B. 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 June 20, 2001.

These amendments are intended to implement Iowa Code sections 234.6 and 234.38 and Iowa Code chapter 238.

Pursuant to the authority of Iowa Code section 234.6, the Department of Human Services proposes to amend Chapter 185, “Rehabilitative Treatment Services,” appearing in the Iowa Administrative Code.

This amendment is intended to clarify the independent audit of Rehabilitative Treatment and Supportive Service (RTSS) providers. The amendment also:

• Changes the name of the audit from “certified” audit to “independent” audit to more accurately reflect industry terminology.

• Clarifies which legal entity in a multi–entity organization must be audited.

• Simplifies the dollar standard when an audit is required by changing it from receipt of $500,000 or more from the Department and a total revenue of $1,000,000 from all sources to $500,000 from the Department.

• Establishes a time frame for the completion of required independent audits and provides a method for extensions of this time frame if needed.

• Clarifies the audit format that should be used for not–for–profit and other types of providers.

• Clarifies which providers are not required to have an independent audit performed.

• Clarifies when a copy of any independent audit should be shared with the Department.

This amendment does not provide for waivers of the audit requirement for providers receiving more than $500,000 from the Department because the audit is needed by the Department to verify the accuracy of billings and charges.

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 June 20, 2001.

This amendment is intended to implement Iowa Code sections 234.6 and 234.38.

The following amendment is proposed.

Rescind subrule 185.102(4) and adopt the following new subrule in lieu thereof:

185.102(4) Independent audits. When a provider has an independent audit conducted, the provider shall submit a copy of the independent audit report to the department within 30 days of receipt. A firm not related to the provider shall conduct the independent audit. The bureau of purchased services shall receive and maintain the report and provide a copy of the report to the bureau’s fiscal consultant.

a. The department requires independent audits on an annual basis when a provider receives from the department $500,000 or more from funds paid under contracts for rehabilitative treatment and supportive services and purchase of services for services provided in any state fiscal year.

(1) The legal entity that has contracted with the department must be the subject of this independent audit.

1. When the legal entity that has contracted with the department is a subsidiary of another legal entity and a separate independent audit of the contracting entity is not performed because a consolidated or combined audit of the larger entity is required by American Institute of Certified Public Accountants (AICPA) standards, the department will accept the consolidated or combined audit if supplemental schedules that separately identify the financial statements of the contracting legal entity are provided.

2. When contract services are provided by a subsidiary entity of the contracting entity and a consolidated or combined audit is performed, the department may require supplemental schedules to separately identify the financial statements of the subsidiary entity and the contracting entity. If a consolidated or combined audit is not performed, the department may require that the subsidiary entity also be the subject of an independent audit.

(2) Required audits shall be completed within six months of the end of a provider’s established fiscal year end for the provider’s established fiscal year that ends during the state fiscal year in question. The bureau of purchased services may approve an extension of this time period upon written request from the provider.

(3) Not–for–profit providers shall ensure that the audit of their financial statements follows one of the uniform audit report formats recommended by the American Institute of Certified Public Accountants in the most recent version of the AICPA Audit and Accounting Guide for Not–for–Profit Organizations.

(4) Other types of providers shall ensure that the audit of their financial statements follows the formats prescribed by the AICPA for their specific industry.

b. Providers receiving less than $500,000 from funds paid under contracts for rehabilitative treatment and supportive services and purchase of services for services provided in any state fiscal year annually are not required to have an independent audit. They shall submit a copy, as set forth in this rule, of any independent audit report they receive as a result of conducting an independent audit.

Pursuant to the authority of Iowa Code section 14B.105, the Information Technology Council hereby gives Notice of Intended Action to adopt new Chapter 12, “Information Technology Operational Standards,” Iowa Administrative Code.

This chapter provides the manner in which the Information Technology Department may set operational standards, including system design, system integration, and interoperability, to ensure compatibility and interoperability of state government information technology systems, while at the same time promoting effective technology alignment with enterprise strategies and programs.

Any interested person may make written suggestionsor comments on the proposed new chapter on or before June 19, 2001. Such material should be directed to the Rules Ad–ministrator, Information Technology Department, Hoover State Office Building, Des Moines, Iowa 50319; fax (515) 281–6137.

Also, there will be a public hearing on June 19, 2001, from 10 to 11 a.m. in the Director’s Conference Room, Information Technology Department, Level B, Hoover State Office Building, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the rules. Persons with special needs should contact the Information Technology Department prior to the hearing if accommodations need to be made.

These rules are intended to implement Iowa Code chapter 14B.

The following new chapter is proposed.

CHAPTER 12
INFORMATION TECHNOLOGY
OPERATIONAL STANDARDS

471—12.1(14B) Definitions. As used in this chapter:

“Information technology” means computing and electronics applications used to process and distribute information in digital and other forms and includes information technology devices and information technology services.

“Information technology device” means equipment or associated software, including programs, languages, procedures, or associated documentation, used in operating the equipment which is designed for utilizing information stored in an electronic format. “Information technology device” includes but is not limited to computer systems, computer networks, and equipment used for input, output, processing, storage, display, scanning, and printing.

“Information technology services” means services designed to do any of the following:

1. Provide functions, maintenance, and support of information technology devices.

2. Provide services including, but not limited to, any of the following:

• Computer systems application development and maintenance.

• Systems integration and interoperability.

• Operating systems maintenance and design.

• Computer systems programming.

• Computer systems software support.

• Planning and security relating to information technology devices.

• Data management consultation.

• Information technology education and consulting.

• Information technology planning and standards.

• Establishment of local area network and workstation management standards.

“Nonparticipating entity” means the office of the governor or the office of an elective constitutional or statutory officer.

“Operational standards” means information technology standards, including system design, system integration, and interoperability, but not including procurement standards.

“Participating agency” means all executive branch agencies except the following:

1. The state board of regents and institutions operated under the authority of the state board of regents.

2. The public broadcasting division of the department of education.

3. The state department of transportation mobile radio network.

4. The department of public safety law enforcement communications systems.

5. The Iowa telecommunications and technology commission, established in Iowa Code chapter 8D, with respect to information technology that is unique to the Iowa communications network.

12.2(1) The information technology department is required to develop and implement information technology and standards through a process as set forth in this chapter. It is the intent of the general assembly that information technology standards be established for the purpose of guiding development of technology.

12.2(2) The goal of the department is to ensure compatibility and interoperability of state government information technology systems, while at the same time promoting effective technology alignment with enterprise strategies and programs.

471—12.3(14B) Application of standards to participating agencies. Operational standards established by the department, unless waived pursuant to rule 12.6(14B), shall apply to all information technology participating agencies.

12.4(1) Nonparticipating entities are required to consult with the information technology department prior to procuring information technology.

12.4(2) Nonparticipating entities are also required to consider the operational standards recommended to agencies by the department.

12.4(3) Upon the decision by a nonparticipating entity regarding acquisition of information technology, the entity shall provide a written report to the information technology department.

12.5(1) Recommendation of operational standards. The director of the information technology department is charged with recommending standards.

12.5(2) Implementation of operational standards. The department shall implement information technology standards which are applicable to information technology operations by participating agencies, including but not limited to system design and systems integration and interoperability for participating agencies, pursuant to Iowa Code section 14B.102(2)“d.”

12.5(3) Effective date of operational standards. Operational standards are effective upon 24 hours of final posting unless otherwise specified.

471—12.6(14B) Waivers of operational standards. Participating agencies may apply directly to the information technology department for a waiver of a current or proposed standard. The director of the information technology department, upon the written request of a participating agency and for good cause shown, may grant a waiver from a requirement otherwise applicable to a participating agency relating to an information technology standard established by the information technology department.

12.7(1) Interested members of the public may participate in the process of establishing standards by providing written comment to Director, Information Technology Department, Hoover State Office Building, Level B, Des Moines, Iowa 50319. Comments will be accepted for a period of ten days after the initial posting of the standard by the departmenton the department’s Web site at http://www.state.ia.us/government/its/Standards%20&%20Policies/ITStandards/index.htm.

12.7(2) Interested members of the public may inquire about standards currently being considered for recommendation by the director by telephoning the information technology department, administrator of policy and planning, at (515)281–5503, in writing to Information Technology Department, Hoover State Office Building, Level B, Des Moines, Iowa 50319, or by accessing the department’s Web site at http://www.state.ia.us/government/its/Standards%20&%20Policies/ITStandards/index.htm.

471—12.8(17A) Petition to initiate review of operational standards. Any interested member of the public may petition the information technology department for review of an existing or recommended standard by filing a written or electronic request with the department. The director may grant the petition if the director determines that the petition has merit. If the petitioner does not receive a response within 30 days of receipt of petition by the department, the petitioner may deem the petition denied.

These rules are intended to implement Iowa Code chapter 14B.

Pursuant to the authority of Iowa Code sections 17A.3 and 455A.5, the Natural Resource Commission hereby gives Notice of Intended Action to adopt new Chapter 11, “Waivers or Variances from Administrative Rules,” Iowa Administrative Code.

The purpose of this rule making is to adopt waiver rules to implement Iowa Code section 17A.9A and Executive Order Number 11, signed by Governor Vilsack on September 14, 1999. The proposed amendment will adopt by reference the currently proposed new 561—Chapter 10, “Waivers or Variances from Administrative Rules.” Notice of Intended Action proposing 561—Chapter 10 was published in the Iowa Administrative Bulletin as ARC 0495B on February 21, 2001.

Any interested person may make written suggestionsor comments regarding the proposed rules on or before June 19, 2001. Written comments should be directed to AnnePreziosi, Department of Natural Resources, Air QualityBureau, 7900 Hickman, Urbandale, Iowa 50322; telephone (515)281–6243; fax (515)242–5094.

Requests for a public hearing regarding this rule making must be submitted in writing to the above address by that date.

This amendment is intended to implement Iowa Code section 17A.9A and Executive Order Number 11.

The following new chapter is proposed.

CHAPTER 11
WAIVERS OR VARIANCES
FROM ADMINISTRATIVE RULES

571—11.1(17A) Adoption by reference. The commission adopts by reference 561—Chapter 10, Iowa Administrative Code, provided that the word “commission” is substituted for the word “department” throughout.

571—11.2(17A) Report to commission. The director shall submit reports of decisions regarding requests for waivers or variances to the commission at its regular meetings.

These rules are intended to implement Iowa Code chapter 17A.9A and Executive Order Number 11.

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 61, “State Parks and Recreation Areas,” and Chapter 62, “State Forest Camping,” Iowa Administrative Code.

These amendments accomplish the following:

1. Add an Iowa Code reference for use of permitted devices for the taking of rough fish.

2. Amend the name of Dolliver State Park to Dolliver Memorial State Park in 61.2(461A) and in other rules as it occurs.

3. Strike language under the definition of “recreation areas” that pertains to Iowa Code chapter 461A.

4. In the definition of “state park,” delete reference to Nobles Island, change the phrase “state forest camp” to “state forest campground,” and change the word “rule” to “restrictions” for use and management of state parks.

5. Add areas to the list of state parks managed by other government entities.

6. Correct the spelling of Pellett Memorial Woods State Preserve.

7. Add a definition for the term “rental facilities.”

8. Clarify information regarding camping coupon booklets and fee increases.

9. Add two paragraphs addressing local option sales tax and tax on extra campers above the basic unit of six.

10. Clarify the listing of parks open for the extended season.

11. Delete the stipulation that campers are responsible for ensuring that a campsite appears visibly occupied.

12. Clarify that special conditions or restrictions are in addition to the general provisions in 61.3(6), 61.5(461A) and 61.6(461A) that apply to specific parks.

13. Clarify the type of camping unit which may be allowed for dependent children under the age of 18 in campgrounds and in camping cabin and yurt areas.

14. Change the word “day” to “night” for the number of nights campers must vacate a campground and allow the exception to the 14–night occupancy limitation to be applied to any DNR–approved program.

15. Clarify the use of hitching rails versus allowing animals to be hitched to a trailer in campgrounds.

16. Clarify who may have access in and out of Volga River Campground after hours.

17. Delete the listing of separate rental facilities in 61.4(461A).

18. Correct the weekly cabin and yurt rental fees for Lake Darling, Pleasant Creek and McIntosh Woods and delete the fee for Cabin No. 13 at Lake Wapello State Park. Other incorrect weekly cabin fees will be updated as the cabins are renovated.

19. Renumber the paragraph for group camp rentals.

20. Clarify language and correct cross references concerning rental facility procedures, restrictions and registration.

21. Add a damage deposit for open shelters with kitchenettes.

22. Allow renters of cabins in the off–season to receive a refund if a reservation is cancelled 48 hours prior to the beginning of the rental period.

23. Amend the wording pertaining to miscellaneous fees by changing the words “this fee” to “these fees.”

24. List areas where special deer population control hunts may take place.

25. Add the Mines of Spain State Recreation Area and Marble Beach to the list of areas where lawful hunting is traditionally allowed.

26. Change the word “animal” to “deer” for authorized special hunts.

27. Delete a reference to willful interference as a violation of the subrule concerning fishing off of state–owned docks.

28. Clarify how and where motorized vehicles may be used within state parks, recreation areas and preserves by persons with disabilities.

29. Add the word “preserves” to those areas that people must vacate by 10:30 p.m. each day.

30. Delete the reference to closing hours at Hattie Elston and Claire Wilson Parks and clarify that overnight parking is prohibited unless people are fishing or boating.

31. Add Maquoketa Caves to the list of parks and recreation areas where rock climbing and rappelling are restricted.

32. Amend the reference to closing times on the Ohler property at Wapsipinicon State Park.

33. Strike the sentence that states after–hours fishing areas are shown on maps provided by DNR.

34. Amend the descriptions of after–hours fishing areas for Geode, Lake Manawa, Prairie Rose and Union Grove State Parks.

35. Change the word “inmate” to “offender” in rule 61.12(461A).

36. Rescind and reserve rule 62.7(461A).

37. Correct a cross reference in rule 62.8(461A).

Any interested person may make written suggestions or comments on the proposed amendments on or before June 21, 2001. Such written materials should be directed to the Parks, Recreation and Preserves Division, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319–0034; fax (515)281–6794. Persons who wish to convey their views orally should contact the Division at (515)281–3449 or TDD (515)242–5967 or at the Division offices on the fourth floor of the Wallace State Office Building.

There will be a public hearing on June 21, 2001, at 9 a.m. in the Fourth Floor East Conference Room of the Wallace State Office Building at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

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

These amendments are intended to implement Iowa Code sections 455A.4, 461A.3, 461A.3A, 461A.27, 461A.35, 461A.39, 461A.42, 461A.45 to 461A.51, 461A.57, and 723.4 and Iowa Code chapter 724.

The following amendments are proposed.

ITEM 1. Amend rule 571—61.2(461A) as follows:

Amend the following definitions:

“Fishing” means taking or attempting to take fish by utilizing hook, line and bait as defined in Iowa Code section 481A.72, or use of permitted devices for taking rough fish as determined by Iowa Code section sections 461A.42 and 481A.76.

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

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

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

Amend the definition of “state park,” areas listed below and last paragraph, as follows:

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

Amend the definition of “state park managed by another government entity” by adopting the following new areas in alphabetical order:

Amend the definition of “state preserve,” listing for Pellett Memorial Woods, as follows:

Adopt the following new definition in alphabetical order:

“Rental facilities” means those facilities that may be rented on a daily or nightly basis and includes open shelters, open shelters with kitchenettes, beach house open shelters, lodges, cabins, yurts and group camps.

ITEM 2. Amend subrule 61.3(1), introductory paragraph, as follows:

61.3(1) Fees. The following are maximum per–night fees for camping in state parks and recreation areas. The fees may be reduced or waived by the director for special events or special promotional efforts sponsored by the department of natural resources. Special events or promotional efforts shall be conducted so as to give all park facility users equal opportunity to take advantage of reduced or waived fees. Reductions or waivers shall be on a statewide basis covering like facilities. In the case of promotional events, prizes shall be awarded by random drawing of registrations made available to all park visitors during the event. In areas subject to a local option sales tax, the camping fee shall be administratively adjusted so that persons camping in those areas will pay the same total cost applicable in other areas.

ITEM 3. Amend subrule 61.3(1), paragraph “c,” as follows:

ITEM 4. Amend subrule 61.3(1), paragraph “j,” as follows:

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

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

ITEM 5. Amend subrule 61.3(1), paragraph “k,” as follows:

k. Fees as given in paragraph “a” shall be in effect each year in the following areas during the time period shown below: from the Monday before the national Memorial Day holiday through October 31 or until the shower facilities are closed for the season, whichever comes first.

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

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

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

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

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

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

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

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

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

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

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

ITEM 6. Amend subrule 61.3(1) by adopting the following new paragraph “l”:

l. Fees as given in paragraph “a” shall be in effect each year from May 1 through Monday, the national Labor Day holiday at Fairport Station, Muscatine County.

ITEM 7. Amend subrule 61.3(3), paragraph “b,” as follows:

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

ITEM 8. Amend subrule 61.3(5), introductory paragraph, as follows:

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

ITEM 9. Amend subrule 61.3(5), paragraph “b,” as follows:

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

ITEM 10. Amend subrule 61.3(5), paragraph “g,” as follows:

g. Campers shall vacate the campground or register for the night prior to 4 p.m. daily. Registration can be for more than 1 night at a time but not for more than 14 consecutive nights. All members of the camping party must vacate the state park campground after the fourteenth night and may not return to that same area until a minimum of 3 days nights has passed. All equipment must be removed from the site at the end of each stay. The 14–night limitation shall not apply to volunteers working under a department of natural resources campground host program agreement or to seasonal employees working under the Internship or AmeriCorps program.

ITEM 11. Amend subrule 61.3(5), paragraph “i,” as follows:

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

ITEM 12. Amend subrule 61.3(6), introductory paragraph, as follows:

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

ITEM 13. Amend subrule 61.3(6), paragraph “c,” as follows:

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

ITEM 14. Amend rule 571—61.4(461A), catchwords, as follows:

ITEM 15. Amend subrule 61.4(1), paragraph “a,” as follows:

a. Cabin rental. This fee does not include tax. Tax will be calculated at time of final payment.

ITEM 16. Amend subrule 61.4(1), paragraph “b,” as follows:

b. Yurt rental. This fee does not include tax. Tax will be calculated at time of final payment.

ITEM 17. Amend subrule 61.4(1), paragraph “g,” as follows:

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

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

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

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

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

(3) Lake Keomah State Park, Mahaska County. All groups—$25 per day for the dining/restroom facility plus the applicable camping fee.

ITEM 18. Amend subrule 61.4(3), catchwords, as follows:

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

ITEM 19. Amend subrule 61.4(3), paragraph “b,” as follows:

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

ITEM 20. Amend subrule 61.4(3), paragraph “e,” as follows:

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

ITEM 21. Amend subrule 61.4(3), paragraph “i,” as follows:

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

ITEM 22. Amend subrule 61.4(3), paragraph “l,” as follows:

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

ITEM 23. Amend subrule 61.4(3), paragraph “n,” as follows:

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

ITEM 24. Amend subrule 61.4(3), paragraph “o,” as follows:

o. Lodges, open shelters, open shelters with kitchenettes, and beach house open shelters may be reserved using the procedures outlined in paragraphs “a” through “f.” Lodges, open Open shelters and beach house open shelters which are not reserved are available on a first–come, first–served basis. If the open shelters with kitchenettes are not reserved, the open shelter portion of these facilities may be available on a first–come, first–served basis.

ITEM 25. Amend subrule 61.4(4), introductory paragraph, as follows:

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

ITEM 26. Amend subrule 61.4(4), paragraph “a,” as follows:

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

ITEM 27. Amend subrule 61.4(4), paragraph “b,” as follows:

b. All reservation requests must be for a minimum stay of two nights, but shall not be for more than a maximum stay of two weeks.

ITEM 28. Amend subrule 61.4(5), paragraph “a,” subparagraph (1), as follows:

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

ITEM 29. Amend subrule 61.4(5), paragraph “b,” as follows:

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

ITEM 30. Amend subrule 61.4(6), paragraph “b,” by adopting the following new subparagraph (4) and renumbering existing subparagraphs (4) to (7) as (5) to (8):

(4) Upon arrival for rental of an open shelter with kitchenette, renters shall pay in full a damage deposit equal to the amount of the rental fee for that facility.

ITEM 31. Amend subrule 61.4(6), paragraph “b,” subparagraph (8), introductory paragraph, as follows:

(8) Individuals who wish to cancel a reservation must do so at least 30 calendar days prior to the rental date in order to receive a full refund of the reservation deposit or any rental fees paid in advance. Reservations made under 61.4(3)“h” must be canceled at least 48 hours prior to the rental period in order to receive a full refund of the reservation deposit or any rental fees paid in advance. If it is necessary to cancel a reservation after the 30–day or 48–hour allowance, a refund may be made only under the following conditions:

ITEM 32. Amend subrule 61.4(7), introductory paragraph, as follows:

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

ITEM 33. Amend rule 571—61.5(461A), introductory paragraph, as follows:

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

ITEM 34. Amend subrule 61.5(5), paragraph “a,” as follows:

a. Lawful hunting as traditionally provided at Badger Creek Recreation Area, Brushy Creek Recreation Area, Pleasant Creek Recreation Area, Mines of Spain State Recreation Area (as allowed under 61.7(461A)), Volga River Recreation Area and Wilson Island Recreation Area.

ITEM 35. Amend subrule 61.5(5), paragraph “d,” as follows:

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

ITEM 36. Amend subrule 61.5(6) as follows:

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

ITEM 37. Amend subrule 61.5(8), paragraph “b,” introductory paragraph, as follows:

b. Persons Use of motorized vehicles by persons with physical disabilities. Persons with physical disabilities may use certain motor motorized vehicles on to access specific areas in state parks, recreation areas and preserves, according to restrictions set out in this paragraph, in order that they might enjoy such recreational opportunities as are available to others. Allowable vehicles include any self–propelled electric or gas vehicle which has at least three wheels, but no more than six wheels, and is limited in engine displacement to less than 800 cubic centimeters and in total dry weight to less than 1,450 pounds.

ITEM 38. Amend subrule 61.5(8), paragraph “b,” by rescinding subparagraph (1) and renumbering existing subparagraphs (2) to (6) as (1) to (5).

ITEM 39. Amend subrule 61.5(8), paragraph “b,” subparagraph (1), as follows:

(1) Permits.

1. Each person with a physical disability must have a permit issued by the director in order to use motor vehicles on a motorized vehicle in specific areas within state parks, recreation areas, and preserves. Such permits will be issued without charge. An applicant must submit a certificate from a doctor stating that the applicant meets the criteria describing a person with a physical disability. One nonhandicapped companion may accompany the permit holder on the same vehicle, if that vehicle is designed for more than one rider; otherwise the companion must walk.

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

ITEM 40. Amend subrule 61.5(8), paragraph “b,” subparagraph (2), as follows:

(2) Approved areas. A permit holder must contact the park manager or natural resource technician of the specific area that the permit holder wishes to use on each visit. The park manager or technician will determine which areas or portions of areas will not be open to use by permittees, in order to protect permittees from hazards or to protect certain natural resources of the area. The park manager or technician may assist by arranging access to the areas within the park manager’s or technician’s jurisdiction and by designating specific sites or trails on the area where the motor vehicle may be used and where it may not be used. The park manager or technician will provide a map of the park or recreation area showing sites where use is permitted and bearing the signature of the manager or technician. On each visit, the permit holder must contact the park manager of the specific area in which the permit holder wishes to use a motorized vehicle. The park manager will designate on a park map the area(s) or portion(s) of areas where the permit holder will be allowed to use a motorized vehicle. This restriction is intended to protect the permit holder from hazards or to protect certain natural resources of the area. The map is to be signed and dated by the park manager on each visit. Approval for use of a motor motorized vehicle on state preserves also requires consultation with a member of the preserves staff in Des Moines.

ITEM 41. Amend subrule 61.5(8), paragraph “b,” subparagraph (3), as follows:

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

ITEM 42. Amend subrule 61.5(8), paragraph “b,” subparagraph (4), numbered paragraph “1,” as follows:

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

ITEM 43. Amend subrule 61.5(10) as follows:

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

ITEM 44. Amend subrule 61.5(13) as follows:

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

ITEM 45. Amend subrule 61.5(14) as follows:

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

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

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

ITEM 46. Amend rule 571—61.5(461A) by adopting the following new subrule:

61.5(15) Deer population control hunts. Deer hunting as allowed under Iowa Code section 461A.42“c” is permitted only during special hunts in the following state parks as provided for under 571—Chapter 105 and as approved by the natural resource commission. During the dates of deer hunting, only persons engaged in deer hunting shall use the area or portions thereof as designated by DNR and signed as such.

ITEM 47. Amend rule 571—61.6(461A), introductory paragraph, as follows:

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

ITEM 48. Amend subrule 61.6(1) as follows:

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

b a. Parking of vehicles of any type overnight on these areas is prohibited unless the vehicle operator and occupants are actively using the area for involved in boating or are fishing or other recreational purposes as allowed under 571— 61.9(461A).

c b. Overnight camping is prohibited.

ITEM 49. Amend subrule 61.6(3) as follows:

61.6(3) Wapsipinicon State Park, Jones County. The recreation area portion of the park land adjacent to the park on the southeast corner and generally referred to as the “Ohler property” is closed to the public from 10:30 p.m. to 4 a.m.

ITEM 50. Amend rule 571—61.9(461A), introductory paragraph, as follows:

571—61.9(461A) Designated areas for after–hours fishing. Areas which These areas are open from 10 10:30 p.m. to 4 a.m. are shown on maps available from the department of natural resources for fishing only. The areas are described as follows:

ITEM 51. Amend subrule 61.9(8) as follows:

61.9(8) Lake Geode State Park, Des Moines County portion. The area of the dam embankment between the county road and the lake as shown on the map that is parallel to County Road J20 and lies between the two parking lots located on each end of the embankment.

ITEM 52. Amend subrule 61.9(11) as follows:

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

ITEM 53. Amend subrule 61.9(16) as follows:

61.9(16) Prairie Rose State Park, Shelby County. The west side of the embankment of the causeway across the southeast arm of the lake including the shoreline west of the parking area to its junction with the road leading toward the park ranger residence located off County Road M47 and just north of the entrance leading to the park office.

ITEM 54. Amend subrule 61.9(18) as follows:

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

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

b. The area of state park between the county road that parallels 220th Street, and the lake along the west shoreline from the causeway on the north end of the lake to the southerly end of the arm of the lake that extends southwesterly of the main water body to a point approximately one tenth of a mile southwest of the boat ramp.

ITEM 55. Amend rule 571—61.12(461A), second unnumbered paragraph, as follows:

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

ITEM 56. Rescind and reserve rule 571—62.7(461A).

ITEM 57. Amend rule 571—62.8(461A), first unnumbered paragraph, as follows:

Stabling of equine animals and llamas shall be in accordance with 571—paragraph 61.5(7)“e.” 61.3(5)“i.”

Pursuant to the authority of Iowa Code section 465C.8, the State Advisory Board for Preserves hereby gives Notice of Intended Action to amend Chapter 1, “Organization and Operation,” and Chapter 2, “Management of State Preserves,” Iowa Administrative Code.

These amendments are proposed to reduce unnecessary language that duplicates or paraphrases language in Iowa Code chapter 465C, update Iowa Code references, better explain the types of preserves, and update the provisions for management of preserves.

Any interested person may make written or oral suggestions or comments on these proposed amendments on or before June 21, 2001. Such written material should be directed to the State Preserves Program, Department of Natural Resources, Wallace State Office Building, 502 East Ninth Street, Des Moines, Iowa 50319–0034, fax (515)281–6794. Persons who wish to convey their views orally should contact the Preserves staff at (515)281–8524 or at the office on the fourth floor of the Wallace State Office Building.

Also, there will be a public hearing on June 21, 2001, at10 a.m. in the Fourth Floor Conference Room of the Wallace State Office Building at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

These amendments are intended to implement Iowa Code section 465C.8.

The following amendments are proposed.

ITEM 1. Amend 575—Chapters 1 and 2, parenthetical implementation statutes, by striking “(111B)” and inserting “(465C)”.

ITEM 2. Amend rule 575—1.1(465C) by striking the Iowa Code chapter reference “111B” and inserting “465C”.

ITEM 3. Amend rule 575—1.2(465C) as follows:

575—1.2(465C) Staff. Recommends employment of a trained ecologist and personnel needed to carry out board duties. The director shall employ, upon recommendation by the board, at salaries fixed by the board, a trained ecologist and other personnel as necessary to carry out the powers and duties of the board.

ITEM 4. Rescind and reserve rule 575—1.3(465C).

ITEM 5. Amend rule 575—1.4(465C), introductory paragraph, as follows:

575—1.4(465C) Meetings. Minimally the state preserves advisory board meets annually to elect a chairperson but may meet at other times. The board shall organize annually by the election of a chairperson. The board shall meet annually and at such times as it deems necessary. Meetings may be called either by the chairperson or on request to the chairperson by three board members.

ITEM 6. Strike the implementation sentence at the end of 575—Chapter 1 and insert in lieu thereof the following:

These rules are intended to implement Iowa Code section 465C.8.

ITEM 7. Amend rule 575—2.1(465C) as follows:

2.1(1) Definitions. As used in these rules, the following definitions shall apply:

“Articles of dedication” means those terms described in Iowa Code section 111B.9 465C.9.

“Board” means the state preserves advisory board.

“Commission” means the natural resource commission.

“Department” means the department of natural resources.

“Preserves Preserve” means the same as defined in Iowa Code section 111B.1 465C.1.

2.1(2) Types of preserves. There shall be five major classes of preserves.

a. Nature Natural preserves. These areas which are of value primarily because they contain natural communities, habitats, or flora and fauna which have undergone little or no disturbance by modern man, or which contain species which are in danger of extinction in the state of Iowa contain natural communities, habitats, native flora and fauna, or endangered, threatened, or rare organisms.

b. Archaeological preserves. These areas contain important archaeological resources which include any material remains of past human life or activities which are of archaeological interest significant deposits left by prehistoric or early historic peoples.

c. Historical preserves. These are sites which that contain structures, objects, or features, both man–made and natural, which are of significance in studying the tenure of man in Iowa since European contact or places that are of significance in studying the tenure of humans in Iowa since the advent of the first Euro–American explorers.

d. Geological preserves. These are areas which contain rare or distinctive landforms, fossils, stratigraphic sections, mineral deposits or examples of mining history; type or reference sections; or other special features or deposits which represent the events and processes of Iowa’s earth history.

e. Scenic preserves. These are areas which that contain scenic features of aesthetic, scientific, or educational value.

ITEM 8. Amend rule 575—2.2(465C) as follows:

2.2(1) Administration and custody management. The administrative and custodial management authority shall be designated in the articles of dedication agreed upon by the board, the property owner, and the manager. In the case that an individual is designated as the custodian, the articles of dedication shall provide for a successional custodian(s) until the area is assured of permanent care.

2.2(2) Management and use. All rules for the management and use of a preserve shall be included in the articles of dedication. A specific management plan shall be attached to and made a part of the articles of dedication prepared for each preserve and kept on file at the Wallace State Office Building. The management plan shall identify compatible and noncompatible uses.

2.2(4) Research. In addition to cultural and natural history research, there may be continuing studies on the management of each preserve or on particular problems unique to each preserve. Management plans may be updated as necessary. Revisions shall be attached to the articles of dedication.

ITEM 9. Strike the implementation sentence at the end of 575—Chapter 2 and insert in lieu thereof the following:

These rules are intended to implement Iowa Code section 465C.8.

Pursuant to the authority of Iowa Code section 147.76, the Board of Dietetic Examiners hereby gives Notice of Intended Action to adopt new Chapter 79, “Board of Dietetic Examiners”; to rescind Chapter 80, “Board of Dietetic Examiners,” and adopt a new chapter 80, “Licensure of Dietitians”; to amend Chapter 81, “Continuing Education for Dietitians”; and to adopt new Chapter 82, “Discipline for Dietitians,” and new Chapter 83, “Fees,” Iowa Administrative Code.

The proposed amendments rescind the current rules regarding licensing, discipline and fees, and adopt a new chapter for licensure, a new chapter for discipline and a new chapter for fees.

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

Any interested person may make written comments on the proposed amendments no later than June 20, 2001, addressed to Rosalie Steele, Professional Licensure Division, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075.

A public hearing will be held on June 20, 2001, from 9 to 11 a.m. in the Fifth Floor Board Conference Room, Lucas State Office Building, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments.

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

The following amendments are proposed.

ITEM 1. Adopt new 645—Chapter 79 as follows:

CHAPTER 79

BOARD OF DIETETIC EXAMINERS

“Board” means the board of dietetic examiners.

“Department” means the department of public health.

“Dietetics” means the integration and application of principles derived from the sciences of nutrition, biochemistry, physiology, food, management, and behavioral and social sciences to achieve and maintain peoples’ health. The primary function of dietetic practice is the provision of nutrition care services that shall include:

1. Assessing the nutrition needs of individuals and groups and determining resources and constraints in the practice setting.

2. Establishing priorities, goals, and objectives that meet nutrition needs and are consistent with available resources and constraints.

3. Providing nutrition counseling in health and disease.

4. Developing, implementing, and managing nutrition care systems.

5. Evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition services.

“Licensed dietitian” or “licensee” means any person licensed to practice dietetics in the state of Iowa.

“Nutrition assessment” means the evaluation of the nutrition needs of individuals and groups based upon appropriate biochemical, anthropometric, physical, and dietary data to determine nutrient needs and recommend appropriate nutrition intake including enteral and parenteral nutrition.

“Nutrition counseling” means advising and assisting individuals or groups on appropriate nutrition intake by integrating information from the nutrition assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status.

“Registered dietitian” means a dietitian who has met the standards and qualifications of the Commission on Dietetic Registration, a member of National Commission for Health Certifying Agencies.

79.2(1) All information regarding rules, forms, time and place of meetings, minutes of meetings, record of hearings, and examination results are available to the public between the hours of 8 a.m. and 4:30 p.m., Monday to Friday, except holidays.

79.2(2) Information may be obtained by writing to the Board of Dietetic Examiners, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075. All official correspondence shall be in writing and directed to the board address.

79.3(1) The board shall consist of five members appointed by the governor and confirmed by the senate. The board shall include one licensed dietitian representing the approved or accredited dietetic education programs, one licensed dietitian representing clinical dietetics in hospitals, one licensed dietitian representing community nutrition services and two members who are not licensed dietitians and who shall represent the general public. A quorum shall consist of a majority of the members of the board. For the initial terms of members of the board, the governor shall appoint one member to serve a term of one year, two members to serve terms of two years, and two members to serve terms of three years.

79.3(2) A chairperson, vice chairperson and secretary shall be elected at the first meeting after April 30 of each year.

79.3(3) The board shall hold at least an annual meeting and may hold additional meetings called by the chairperson or by a majority of the board’s members. The chairperson shall designate the date, place, and time prior to each meeting of the board. The board shall follow the latest edition of Robert’s Rules of Order, Revised, at its meeting whenever any objection is made as to the manner in which it proceeds at a meeting.

645—79.4(152A,272C) Principles. The dietetic practitioner shall:

1. Provide professional services with objectivity and with respect for the unique needs and values of individuals.

2. Avoid discrimination against other individuals on the basis of race, creed, religion, sex, age, and national origin.

3. Fulfill professional commitments in good faith.

4. Conduct oneself with honesty, integrity, and fairness.

5. Remain free of conflict of interest while fulfilling the objectives and maintaining the integrity of the dietetic profession.

6. Maintain confidentiality of information.

7. Practice dietetics based on scientific principles and current information.

8. Assume responsibility and accountability for personal competence in practice.

9. Recognize and exercise professional judgment within the limits of the qualifications and seek counsel or make referrals as appropriate.

10. Provide sufficient information to enable clients to make their own informed decisions.

11. Inform the public and colleagues by using factual information and shall not advertise in a false or misleading manner.

12. Promote or endorse products in a manner that is neither false nor misleading.

13. Permit use of the practitioner’s name for the purpose of certifying that dietetic services have been rendered only after having provided or supervised the provision of those services.

14. Accurately present professional qualifications and credentials.

15. Present substantiated information and interpret controversial information without personal bias, recognizing that legitimate differences of opinion exist.

16. Make all reasonable effort to avoid bias in any kind of professional evaluation and provide objective evaluation of candidates for professional association membership, awards, scholarships, or job advancements.

These rules are intended to implement Iowa Code chapters 152A and 272C.

ITEM 2. Rescind 645—Chapter 80 and adopt the following new chapter in lieu thereof:

CHAPTER 80
LICENSURE OF DIETITIANS

645—80.1(152A) Definitions. For purposes of these rules, the following definitions shall apply:

“Board” means the board of dietetic examiners.

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

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

“License expiration date” means the fifteenth day of the birth month every two years following initial licensure.

“Licensure by endorsement” means the issuance of an Iowa license to practice dietetics to an applicant who is currently licensed in another state.

“Reciprocal license” means the issuance of an Iowa license to practice dietetics to an applicant who is currently licensed in another state which has a mutual agreement with the Iowa board of dietetic examiners to license persons who have the same or similar qualifications as those required in Iowa.

645—80.2(152A) Requirements for licensure. The following criteria shall apply to licensure:

80.2(1) The applicant shall complete a board–approved application packet. Application forms may be obtained from the board’s Web site (http://www.idph.state.ia.us/licensure) or directly from the board office. All applications shall be sent to Board of Dietetic Examiners, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319–0075.

80.2(2) The applicant shall complete the application form according to the instructions contained in the application. If the application is not completed according to the instructions, the application will not be reviewed by the board.

80.2(3) Each application shall be accompanied by the appropriate fees payable by check or money order to the Board of Dietetic Examiners. The fees are nonrefundable.

80.2(4) No application will be considered by the board until:

a. Official copies of academic transcripts have been sent directly from the school to the board;

b. A notarized copy of the Commission on Dietetic Registration (CDR) card has been received by the board; and

c. The applicant satisfactorily completes the registration examination for dietitians administered by the Commission on Dietetic Registration. The board will accept the passing score set by the Commission on Dietetic Registration.

80.2(5) A license is not required for dietitians who are in this state for the purpose of consultation when they are licensed in another state, U.S. possession, or country, or have received at least a baccalaureate degree in human nutrition from a U.S. regionally accredited college or university. Consultation means the practice of dietetics in affiliation with, and at the request of, a dietitian licensed in this state.

80.2(6) Licensees who were issued their initial licenses within six months prior to the renewal date shall not be required to renew their licenses until the renewal date two years later.

80.2(7) Incomplete applications that have been on file in the board office for more than two years shall be considered invalid and shall be destroyed.

80.3(1) The applicant shall be issued a license to practice dietetics by the board when the applicant possesses a baccalaureate degree or postbaccalaureate degree from a U.S. regionally accredited college or university with a major course of study in human nutrition, food and nutrition, nutrition education, dietetics, or food systems management, or in an equivalent major course of minimum academic requirements as established by the American Dietetic Association and approved by the board.

80.3(2) Foreign–trained dietitians shall:

a. Provide an equivalency evaluation of their educational credentials by International Educational Research Foundations, Inc., Credentials Evaluation Service, P.O. Box 3665, Culver City, California 90231–3665, telephone (310) 258–9451, Web site www.ierf.org, or E–mail at info@ ierf.org. The professional curriculum must be equivalent to that stated in these rules. A candidate shall bear the expense of the curriculum evaluation.

b. Provide a notarized copy of the certificate or diploma awarded to the applicant from a dietetic program in the country in which the applicant was educated.

c. Receive a final determination from the board regarding the application for licensure.

645—80.4(152A) Supervised experience. The applicant shall:

1. Complete a documented supervised practice experience component in a dietetic practice of not less than 900 hours under the supervision of:

• A registered dietitian;

• A licensed dietitian; or

• An individual with a doctoral degree conferred by a U.S. regionally accredited college or university with a major course of study in human nutrition, nutrition education, food and nutrition, dietetics or food systems management;

2. Have a supervised practice experience that must be completed in the United States or its territories; and

3. Have the degree of a supervisor who obtained a doctoral degree outside of the United States or its territories validated as equivalent to the doctoral degree conferred by a U.S. regionally accredited college or university.

645—80.5(152A) Licensure by endorsement. An applicant who has been a licensed dietitian under the laws of another jurisdiction shall file an application for licensure by endorsement with the board office. The board may receive by endorsement any applicant from the District of Columbia or another state, territory, province or foreign country who:

1. Submits to the board a completed application;

2. Pays the licensure fee;

3. Shows evidence of licensure requirements that are similar to those required in Iowa;

4. Provides official copies of the academic transcripts;

5. Provides a copy of the registration card; and

6. Provides verification of licenses from other states in which the applicant has a current active license sent directly from those states to the board office.

645—80.6(152A) Licensure by reciprocal agreement. The board may enter into a reciprocal agreement with the District of Columbia or any state, territory, province or foreign country with equal or similar requirements for licensure of dietitians. The applicant shall take the examination required by the board.

80.7(1) The biennial license renewal period for a license to practice dietetics shall begin on the fifteenth day of the licensee’s birth month and end on the fifteenth day of the licensee’s birth month two years later. All licensees shall renew on a biennial basis.

80.7(2) A renewal of license application and continuing education report form to practice dietetics shall be mailed to the licensee at least 60 days prior to the expiration of the license. Failure to receive the renewal application shall not relieve the license holder of the obligation to pay the biennial renewal fee(s) on or before the renewal date.

a. The licensee shall submit the completed application and continuing education report form with the renewal fee(s) to the board office before the license expiration date.

b. Individuals who were issued their initial licenses within six months of the license renewal date will not be required to renew their licenses until the next renewal two years later.

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

d. Persons licensed to practice dietetics shall keep their renewal licenses displayed in a conspicuous public place at the primary site of practice.

80.7(3) Late renewal. If the renewal fees, continuing education report and renewal application are received within 30 days after the license renewal expiration date, the late fee for failure to renew before expiration shall be charged.

80.7(4) When all requirements for license renewal are met, the licensee shall be sent a license renewal card by regular mail.

80.8(1) A licensee who is not engaged in practice in the state of Iowa may be granted a waiver of compliance and obtain a certificate of exemption upon written application to the board. The application shall contain a statement that the applicant will not engage in the practice in the state of Iowa without first complying with all regulations governing reinstatement after exemption. The application for a certificate of exemption shall be submitted by the license expiration date upon the form provided by the board. A licensee must hold a current license to apply for exempt status. The licen–see shall apply for inactive status prior to the license expiration date.

80.8(2) Reinstatement of exempted, inactive practitioners. Inactive practitioners who have requested and been granted a waiver of compliance with the renewal requirements and who have obtained a certificate of exemption shall, prior to engaging in the practice of the profession in Iowa, satisfy the requirements for reinstatement as outlined in 645—81.10(152A,272C).

80.8(3) Licensees shall renew at the next scheduled renewal time. Licensees whose licenses were reinstated within six months prior to the birth month renewal date shall not be required to renew their licenses until the birth month renewal date two years later.

80.8(4) A new licensee who is on inactive status during the initial license renewal time period and reinstates before the first license expiration date will not be required to complete continuing education for that first license renewal time period only. Thirty hours of continuing education will be required for every renewal thereafter.

80.8(5) Reinstatement of inactive license after exemption. The following chart illustrates the requirements for reinstatement based on the length of time a license has been inactive.

80.9(1) If the renewal fee(s) and continuing education report are received more than 30 days after the license renewal expiration date, the license is lapsed. An application for reinstatement must be filed with the board accompanied by the reinstatement fee, the renewal fee(s) for each biennium the license is lapsed and the late fee for failure to renew before expiration. The licensee may be subject to an audit of the licensee’s continuing education report.

80.9(2) Licensees who have not fulfilled the requirements for license renewal or for an exemption in the required time frame will have a lapsed license and shall not engage in the practice of dietetics. Practicing without a license may be cause for disciplinary action.

80.9(3) In order to reinstate lapsed licenses, licensees shall comply with all requirements for reinstatement as outlined in 645—81.6(152A).

80.9(4) After the reinstatement of a lapsed license, the licensee shall renew at the next scheduled renewal cycle and complete the continuing education required for the biennium.

80.9(5) Verifications of license(s) are required from any state in which the licensee has practiced since the Iowa license lapsed.

80.9(6) Reinstatement of a lapsed license. The following chart illustrates the requirements for reinstatement based on the length of time a license has lapsed.

80.10(1) An applicant who has been denied licensure by the board may appeal the denial and request a hearing on the issues related to the licensure denial by serving a notice of appeal and request for hearing upon the board not more than 30 days following the date of mailing of the notification of licensure denial to the applicant. The request for hearing as outlined in these rules shall specifically describe the facts to be contested and determined at the hearing.

80.10(2) If an applicant who has been denied licensure by the board appeals the licensure denial and requests a hearing pursuant to this rule, the hearing and subsequent procedures shall be held pursuant to the process outlined in Iowa Code chapters 17A and 272C.

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

ITEM 3. Amend numbered paragraph 81.6“5” as follows:

5. Provides evidence of satisfactory completion of Iowa continuing education requirements during the period since the license lapsed completed within the two bienniums prior to the date of application for reinstatement. The total number of continuing education hours required for license reinstatement is computed by multiplying 30 by the number of bienniums since the license lapsed up to a maximum of 60 hours.

ITEM 4. Amend subrules 81.10(2) and 81.10(3) as follows:

81.10(2) Submit the current renewal fee;

81.10(3) Submit the reinstatement fee;

ITEM 5. Adopt new 645—Chapter 82 as follows:

CHAPTER 82
DISCIPLINE FOR DIETITIANS

645—82.1(152A,272C) Grounds for discipline. The board may impose any of the disciplinary sanctions set forth in these rules, including civil penalties in an amount not to exceed $1000, when the board determines that the licensee is guilty of any of the following acts or offenses:

82.1(1) Fraud in procuring a license. Fraud in procuring a license includes, but is not limited to, an intentional perversion of the truth in making application for a license to practice dietetics in this state, and includes false representations of a material fact, whether by word or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed when making application for a license in this state, or attempting to file or filing with the board or the department of public health any false or forged diploma, or certificate or affidavit or identification or qualification in making an application for a license in this state.

82.1(2) Professional incompetency. Professional incompetency includes, but is not limited to:

a. A substantial lack of knowledge or ability to discharge professional obligations within the scope of the dietitian’s practice;

b. A substantial deviation by the dietitian from the standards of learning ordinarily possessed and applied by other dietitians in the state of Iowa acting in the same or similar circumstances;

c. A failure by a dietitian to exercise in a substantial respect that degree of care which is ordinarily exercised by the average dietitian in the state of Iowa acting in the same or similar circumstances; and

d. A willful or repeated departure from or failure to conform to the minimal standard of acceptable and prevailing practice of dietetics in the state of Iowa.

82.1(3) Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of the profession or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be estab–lished. Practice harmful or detrimental to the public includes, but is not limited to, the failure of a dietitian to possess and exercise that degree of learning and care expected of a reasonably prudent dietitian acting in the same or similar circumstances in this state.

82.1(4) Habitual intoxication or addiction to the use of drugs, including the inability of a dietitian to practice with reasonable skill and safety by reason of the excessive use of alcohol, drugs, narcotics, chemicals or other type of material on a continuing basis, or the excessive use of alcohol, drugs, narcotics, chemicals or other type of material which may impair a dietitian’s ability to practice the profession with reasonable skill and safety.

82.1(5) Conviction of a felony related to the profession or occupation of the licensee, or the conviction of any felony that would affect the licensee’s ability to practice within the profession. A copy of the record of conviction or plea of guilty shall be conclusive evidence.

82.1(6) Use of untruthful or improbable statements in advertisements. Use of untruthful or improbable statements in advertisements includes, but is not limited to, an action by a dietitian in making information or intention known to the public which is false, deceptive, misleading or promoted through fraud or misrepresentation and includes statements which may consist of, but are not limited to:

a. Inflated or unjustified expectations of favorable results.

b. Self–laudatory claims that imply that the dietitian is a skilled dietitian engaged in a field or specialty of practice for which the dietitian is not qualified.

c. Extravagant claims or proclaiming extraordinary skills not recognized by the dietetic profession.

82.1(7) Willful or repeated violations of the provisions of these rules and Iowa Code chapter 147.

82.1(8) Violating a regulation or law of this state, or the United States, which relates to the practice of dietetics.

82.1(9) Failure to report a license revocation, suspension or other disciplinary action taken by a licensing authority of another state, district, territory or country within 30 days of the final action by such licensing authority. A stay by an appellate court shall not negate this requirement; however, if such disciplinary action is overturned or reversed by a court of last resort, such report shall be expunged from the records of the board.

82.1(10) Failure of a licensee or an applicant for licensure in this state to report any voluntary agreements to restrict the practice of dietetics entered into in another state, district, territory or country.

82.1(11) Knowingly aiding, assisting, procuring, or advising a person to unlawfully practice dietetics.

82.1(12) Failure to identify oneself as a dietitian to the public.

82.1(13) Violating a lawful order of the board, previously entered by the board in a disciplinary hearing or pursuant to informal settlement.

82.1(14) Being adjudged mentally incompetent by a court of competent jurisdiction.

82.1(15) Making suggestive, lewd, lascivious or improper remarks or advances to a patient or client.

82.1(16) Knowingly submitting a false report of continuing education or failure to submit the biennial report of continuing education.

82.1(17) Failure to comply with a subpoena issued by the board.

82.1(18) Failure to file the reports required by these rules concerning acts or omissions committed by another licensee.

82.1(19) Obtaining any fee by fraud or misrepresentation.

82.1(20) Failing to exercise due care in the delegation of dietetic services to or supervision of assistants, employees or other individuals, whether or not injury results.

This rule is intended to implement Iowa Code sections 147.76, 147.55(3), 272C.4 and 272C.10.

ITEM 6. Adopt new 645—Chapter 83 as follows:

CHAPTER 83
FEES

645—83.1(147,152A) License fees. All fees are nonrefundable.

83.1(1) Licensure fee for license to practice dietetics, licensure by endorsement, or licensure by reciprocity is $100.

83.1(2) Biennial license renewal fee for each biennium is $100.

83.1(3) Late fee for failure to renew before expiration is $50.

83.1(4) Reinstatement fee for a lapsed license or an inactive license is $50.

83.1(5) Duplicate license fee is $10.

83.1(6) Verification of license fee is $10.

83.1(7) Returned check fee is $15.

83.1(8) Disciplinary hearing fee is a maximum of $75.

This rule is intended to implement Iowa Code section 147.8 and Iowa Code chapters 17A, 152A and 272C.

Pursuant to the authority of Iowa Code section 147.76, the Board of Speech Pathology and Audiology Examiners hereby gives Notice of Intended Action to adopt new Chapter 299, “Board of Speech Pathology and Audiology Examiners”; to rescind Chapter 300, “Board of Speech Pathology and Audiology Examiners,” and adopt new chapter 300, “Licensure of Speech Pathologists and Audiologists”; to rescind Chapter 302, “Speech Pathology and Audiology Assistants”; to amend Chapter 303, “Continuing Education for Speech Pathologists and Audiologists”; and to adopt new Chapter 304, “Discipline for Speech Pathologists and Audiologists,” and new Chapter 305, “Fees,” Iowa Administrative Code.

The proposed amendments rescind the current licensing rules and the chapters on speech pathology and audiology assistants and fees and adopt new chapters for the board proceedings, licensure, discipline and fees.

A change was made from the current rules regarding the temporary clinical license plan of action for the supervised clinical experience. The rule was unwieldy and made the process lengthy with little added value. The process for the plan was made more efficient and contains steps that are important in the process to receive a temporary clinical license.

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

Any interested person may make written comments on the proposed amendments no later than June 20, 2001, addressed to Rosalie Steele, Professional Licensure Division, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075.

A public hearing will be held on June 20, 2001, from 9 to 11 a.m. in the Fifth Floor Board Conference Room, Lucas State Office Building, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments.

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

The following amendments are proposed.

ITEM 1. Adopt new 645—Chapter 299 as follows:

CHAPTER 299
BOARD OF SPEECH PATHOLOGY
AND AUDIOLOGY EXAMINERS

“Audiologist” means a person who engages in the application of principles, methods and procedures for measurement, testing, evaluation, prediction, consultation, counseling, instruction, habilitation, rehabilitation, or remediation related to disorders of hearing, balance and associated communication disorders for the purpose of nonmedically evaluating, identifying, diagnosing, preventing, ameliorating, modifying, or remediating such disorders and conditions in individuals or groups of individuals, including the determination and use of appropriate amplification.

“Board” means the board of speech pathology and audiology examiners.

“Department” means the department of public health.

“Speech pathologist” means a person who engages in the application of principles, methods, and procedures for the measurement, testing, evaluation, prediction, consultation, counseling, diagnosing, instruction, habilitation, rehabilitation, or remediation related to the development and disorders of speech, fluency, voice, or language for the purposes of nonmedically evaluating, preventing, ameliorating, modifying, or remediating such disorders and conditions in individuals or groups of individuals.

299.2(1) All information regarding rules, forms, time and place of meetings, minutes of meetings, record of hearings, and examination results are available to the public between the hours of 8 a.m. and 4:30 p.m., Monday to Friday, except holidays.

299.2(2) Information may be obtained by writing to the Board of Speech Pathology and Audiology Examiners, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075. All official correspondence shall be in writing and directed to the board at this address.

299.3(1) Chair. The chairperson of the board shall:

a. Be selected by the members of the board.

b. Preside at all meetings of the board and conduct the meeting following Robert’s Rules of Order.

c. Appoint committees as is deemed necessary to study issues.

299.3(2) Vice–chair. The vice–chairperson of the board shall:

a. Be selected by the members of the board.

b. Act in capacity of chair in the absence of that officer.

299.3(3) Secretary. The secretary of the board shall:

a. Be selected by the members of the board.

b. Act in capacity of chair in the absence of officers representing the chair and vice–chair.

c. Keep an accurate and complete record of all transactions of the board.

299.3(4) Quorum. Four members of the seven–member board shall represent a quorum. Business shall not be conducted in the absence of a quorum.

299.4(1) All material sent to the board for review must be submitted at least two weeks before a regularly scheduled meeting. Materials received after this time will be reviewed at the next regularly scheduled meeting of the board.

299.4(2) For those persons conducting hearing tests under the direct supervision of a licensed physician and surgeon or licensed osteopathic physician and surgeon functioning under Iowa Code section 147.152(1), “direct supervision” means the physician must order the hearing test performed on each individual patient and maintain control over the reading of the results. The person working under direct supervision of a physician must be able to show that the person did so at the direction of the physician and did nothing more than perform the hearing test. Direct supervision by a physician means the person conducting the hearing test does so in the usual location in which the physician performs medical services and sees patients. The physician must be readily available to respond to a request by a patient or the person conducting the hearing test.

These rules are intended to implement Iowa Code chapters 147 and 272C.

ITEM 2. Rescind 645—Chapter 300 and adopt the following new chapter in lieu thereof:

CHAPTER 300
LICENSURE OF SPEECH PATHOLOGISTSAND AUDIOLOGISTS

645—300.1(147) Definitions. For purposes of these rules, the following definitions shall apply:

“ASHA” means the American Speech–Language Hearing Association.

“Assistant” means a person who works under the supervision of an Iowa–licensed speech pathologist or audiologist, does not meet the requirements to be licensed as a speech pathologist or audiologist, and meets the minimum requirements set forth in these rules.

“Board” means the board of speech pathology and audiology examiners.

“Full–time” means a minimum of 30 hours per week.

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

“Licensee” means any person licensed to practice as a speech pathologist or audiologist in the state of Iowa.

“License expiration date” means December 31 of odd–numbered years.

“Licensure by endorsement” means the issuance of an Iowa license to practice speech pathology or audiology to an applicant who is currently licensed in another state.

“Reciprocal license” means the issuance of an Iowa license to practice speech pathology or audiology to an applicant who is currently licensed in another state which has a mutual agreement with the Iowa board of speech pathology and audiology examiners to license persons that have the same or similar qualifications to those required in Iowa.

645—300.2(147) Requirements for licensure. The following criteria shall apply to licensure:

300.2(1) The applicant shall complete a board–approved application packet. Application forms may be obtained from the board’s Web site (http://www.idph.state.ia.us/licensure) or directly from the board office. All applications shall be sent to Board of Speech Pathology and Audiology Examiners, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319–0075.

300.2(2) The applicant shall complete the application form according to the instructions contained in the application. If the application is not completed according to the instructions, the application will not be reviewed by the board.

300.2(3) Each application shall be accompanied by the appropriate fees payable by check or money order to the Board of Speech Pathology and Audiology Examiners. The fees are nonrefundable.

300.2(4) The application shall include:

a. Official copies of the American Speech–Language Hearing Association (ASHA) certificate of clinical competence; or

b. Submission of the following:

(1) Official copies of academic transcripts sent directly from the school to the board showing proof of possession of a master’s degree or its equivalent and official verification of completion of not less than 300 hours of supervised clinical training;

(2) Verification of nine months of full–time clinical experience, or equivalent, completed after the master’s degree, under the supervision of a licensed speech pathologist or audiologist; and

(3) Results of the National Teacher Examination.

300.2(5) Licensees who were issued their licenses within six months prior to the renewal shall not be required to renew their licenses until the renewal date two years later.

300.2(6) Incomplete applications that have been on file in the board office for more than two years shall be considered invalid and shall be destroyed.

300.3(1) The applicant shall possess the following:

a. A master’s degree or its equivalent from an accredited school, college or university with a major in speech pathology; or

b. A master’s degree or its equivalent from an accredited school, college or university with a major in audiology.

300.3(2) Foreign–trained speech pathologists and audiologists shall:

a. Provide an equivalency evaluation of their educational credentials by one of the following: International Educational Research Foundations, Inc., Credentials Evaluation Service, P.O. Box 3665, Culver City, CA 90231–3665, telephone (310)258–9451, Web site www.ierf.org or E–mail at info@ierf.org; International Credentialing Associates, Inc., 7245 Bryan Dairy Road, Bryan Dairy Business Park II,Largo, FL 33777, telephone (727)549–8555. The professional curriculum must be equivalent to that stated in these rules. A candidate shall bear the expense of the curriculum evaluation.

b. Provide a notarized copy of the certificate or diploma awarded to the applicant from a speech pathology or audiology program in the country in which the applicant was educated.

c. Receive a final determination from the board regarding the application for licensure.

645—300.4(147) Examination requirements. The exam– ination required by the board shall be the National Teacher Examination in speech pathology or audiology. This examination is administered by the Educational Testing Service. The applicant should contact the nearest accredited college or university for the time and place of the examination.

300.4(1) The applicant has full responsibility for making arrangements to take the National Teacher Examination in speech pathology or audiology and for bearing all expenses associated with taking the examination. The applicant also has the responsibility for having the examination scores sent directly to the board from the Educational Testing Service.

300.4(2) The board shall determine the qualifying scores for both the speech pathology and audiology examinations.

645—300.5(147) Temporary clinical license. A temporary clinical license for the purpose of obtaining clinical experience as a prerequisite for licensure is valid for one year and may be renewed one time.

300.5(1) An applicant must submit the following to the board:

a. Evidence of supervision by a speech pathologist or audiologist with an active, current Iowa license in good standing;

b. An official application form provided by the board of speech pathology and audiology examiners;

c. Official copies of transcripts sent directly from the school to the board showing proof of possession of a master’s degree or its equivalent;

d. Official verification of completion of not less than 300 hours of supervised clinical training in an accredited college or university; and

e. The temporary clinical license fee.

300.5(2) The plan for clinical experience shall:

a. Include at least nine months of full–time clinical experience, or equivalent;

b. Include supervision by an Iowa–licensed speech pathologist or audiologist, as appropriate;

c. Be kept by the supervisor for two years from the last date of the clinical experience; and

d. Include a completed supervised clinical experience report form that shall be submitted to the board of speech pathology and audiology examiners upon successful completion of the nine months of full–time clinical experience. The applicant may then apply for licensure.

300.6(1) A nonresident may apply to the board for a temporary permit to practice speech pathology or audiology:

a. For a period not to exceed three months;

b. By submitting a letter to support the need for such a permit;

c. By submitting documents to show that the applicant has substantially the same qualifications as required for licensure in Iowa;

d. By submitting the documentation prior to the date the applicant intends to begin practice; and

e. By submitting the temporary permit fee.

300.6(2) The applicant shall receive a final determination from the board regarding the application for a temporary permit.

645—300.7(147) Use of assistants. A licensee shall, in the delivery of professional services, utilize assistants only to the extent provided in these rules.

300.7(1) Duties.

a. Speech pathology assistant I. A speech pathology assistant I works with an individual for whom significant improvement is expected within a reasonable amount of time.

b. Speech pathology assistant II. A speech pathology assistant II works with an individual for whom maintenance of present level of communication is the goal; or for whom, based on the history and diagnosis, only slow improvement is expected.

c. Audiology assistant I. An audiology assistant I is more broadly trained and may be given a variety of duties depending upon the individual’s training.

d. Audiology assistant II. An audiology assistant II is trained specifically for a single task for screening.

300.7(2) Minimum requirements.

a. A speech pathology assistant I or II or audiology assistant I must satisfy the following minimum requirements:

(1) Reach the age of majority.

(2) Complete a high school education, or its equivalent.

(3) Complete a three–semester–hour (or four–quarter–hour) course in introductory speech and language pathology for speech pathology assistants or in audiology for audiology assistants from an accredited educational institution and 15 hours of instruction in the specific tasks which the assistant will be performing; or

(4) Complete a minimum training period comprised of 75 clock hours on instruction and practicum experience.

b. An audiology assistant II must satisfy the following requirements:

(1) Reach the age of majority.

(2) Complete a high school education, or its equivalent.

(3) Complete a minimum of 15 clock hours of instruction and practicum experience in the specific task which the assistant will be performing.

300.7(3) Utilization. Utilization of a speech pathology or audiology assistant requires that a plan be developed by the licensee desiring to utilize that assistant, consisting of the following information:

a. Documentation that the assistant meets minimum requirements;

b. A written plan of the activities and supervision that must be kept by the licensee supervising the assistant. This supervision must include direct on–site observation for a minimum of 20 percent of the assistant’s direct patient care for level I speech pathology and level I audiology assistants and 10 percent for level II speech pathology assistants. Level II audiology assistants must be supervised 10 percent of the time. At least half of that time must be direct on–site observation with the other portion provided as time interpreting results;

c. A listing of the facilities where the assistant will be utilized; and

d. A statement, signed by the licensee and the assistant, that the rules pertaining to assistants have been read by both.

300.7(4) Maximum number of assistants. A licensee may not utilize more than three assistants unless a plan of supervision is filed and approved by the board.

300.7(5) Supervisor responsibilities. A licensee who utilizes an assistant shall have the following responsibilities:

a. To be legally responsible for the actions of the assistant in that assistant’s performance of assigned duties with a client;

b. To make all professional decisions relating to the management of a client;

c. To ensure that the assistant is assigned only those duties and responsibilities for which the assistant has been specifically trained and is qualified to perform;

d. To ensure compliance of the assistant(s) under supervision with the provisions of these rules by providing periodic direct observation and supervision of the activities of the assistant; and

e. To submit to the board of speech pathology and audiology upon request a copy of the plan of activities and supervision for each assistant and documentation of the dates each assistant was utilized by the licensee.

645—300.8(147) Licensure by endorsement. An applicant who has been a licensed speech pathologist or audiologist under the laws of another jurisdiction shall file an application for licensure by endorsement with the board office. The board may receive by endorsement any applicant from the District of Columbia or another state, territory, province or foreign country who:

1. Submits to the board a completed application;

2. Pays the licensure fee;

3. Shows evidence of an ASHA certificate or the National Teacher Examination scores sent directly from the examination service to the board;

4. Provides official copies of the academic transcripts; and

5. Provides verification of licenses from all other states that have been sent directly from those states to the board office.

645—300.9(147) Licensure by reciprocal agreement. The board may enter into a reciprocal agreement with the District of Columbia or any state, territory, province or foreign country with equal or similar requirements for licensure of speech pathologists and audiologists.

300.10(1) The biennial license renewal period for a license to practice speech pathology or audiology shall begin on January 1 of even–numbered years and end on December 31 of each odd–numbered year. All licensees shall renew on a biennial basis.

300.10(2) A renewal of license application and a continuing education report form to practice speech pathology or audiology shall be mailed to the licensee at least 60 days prior to the expiration of the license. Failure to receive the renewal application shall not relieve the license holder of the obligation to pay the biennial renewal fee(s) on or before the renewal date.

a. The licensee shall submit the completed application and the continuing education report form with the renewal fee to the board office before the license expiration date.

b. Individuals who were issued their initial licenses within six months of the license renewal date will not be required to renew their licenses until the next renewal date two years later.

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

d. Persons licensed to practice speech pathology or audiology shall keep their renewal licenses displayed in a conspicuous public place at the primary site of practice.

300.10(3) Late renewal. If the renewal fee(s), continuing education report and renewal application are received within 30 days after the license expiration date, the late fee for failure to renew before expiration is charged.

300.10(4) When all requirements for license renewal are met, the licensee shall be sent a license renewal card by regular mail.

300.11(1) A licensee who is not engaged in practice in the state of Iowa may be granted a waiver of compliance and obtain a certificate of exemption upon written application to the board. The application shall contain a statement that the applicant will not engage in practice in the state of Iowa without first complying with all regulations governing reinstatement after exemption. The application for a certificate of exemption shall be submitted upon the form provided by the board. A licensee must hold a current license to apply for exempt status. The licensee shall apply for inactive status prior to the license expiration date.

300.11(2) Reinstatement of exempted, inactive practitioners. Inactive practitioners who have requested and been granted a waiver of compliance with the renewal requirements and who have obtained a certificate of exemption shall, prior to engaging in the practice of the profession in Iowa, satisfy the requirements for reinstatement as outlined in 645—303.10(147,272C).

300.11(3) Licensees shall renew at the next scheduled renewal. Licensees whose licenses were reinstated within six months prior to the renewal shall not be required to renew their licenses until the renewal date two years later.

300.11(4) A new licensee who is on inactive status during the initial license renewal time period and reinstates before the first license expiration date will not be required to complete continuing education for that first license renewal time period only. Thirty hours of continuing education will be required for every renewal thereafter.

300.11(5) Verifications of license(s) are required from any state in which the licensee has practiced since the Iowa license became inactive.

300.11(6) Reinstatement of inactive license after exemption. The following chart illustrates the requirements for reinstatement based on the length of time a license has been inactive.

300.12(1) If the renewal fee(s) and continuing education report are received more than 30 days after the license renewal expiration date, the license is lapsed. An application for reinstatement accompanied by the reinstatement fee, the renewal fee(s) for each biennium the license is lapsed and the late fee for failure to renew before expiration must be filed with the board. The licensee may be subject to an audit of the licensee’s continuing education report.

300.12(2) Licensees who have not fulfilled the requirements for license renewal or for an exemption in the required time frame will have a lapsed license and shall not engage in the practice of speech pathology or audiology. Practicing without a license may be cause for disciplinary action.

300.12(3) In order to reinstate a lapsed license, licensees shall comply with all requirements for reinstatement as outlined in 645—303.6(147).

300.12(4) After the reinstatement of a lapsed license, the licensee shall renew at the next scheduled renewal cycle and complete the continuing education required for the biennium.

300.12(5) Verifications of license(s) are required from any state in which the licensee has practiced since the Iowa license lapsed.

300.12(6) Reinstatement of a lapsed license. The following chart illustrates the requirements for reinstatement based on the length of time a license has lapsed.

300.13(1) An applicant who has been denied licensure by the board may appeal the denial and request a hearing on the issues related to the licensure denial by serving a notice of appeal and request for hearing upon the board not more than 30 days following the date of mailing of the notification of licensure denial to the applicant. The request for hearing as outlined in these rules shall specifically describe the facts to be contested and determined at the hearing.

300.13(2) If an applicant who has been denied licensure by the board appeals the licensure denial and requests a hearing pursuant to this rule, the hearing and subsequent procedures shall be held pursuant to the process outlined in Iowa Code chapters 17A and 272C.

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

ITEM 3. Rescind and reserve 645—Chapter 302.

ITEM 4. Adopt new paragraph 303.3(2)“g” as follows:

g. An applicant shall provide official transcripts indicating successful completion of academic courses which apply to the field of speech pathology and audiology in order to receive the following continuing education credits:

1 academic semester hour = 15 continuing education hours of credit

1 academic trimester hour = 12 continuing education hours of credit

1 academic quarter hour = 10 continuing education hours of credit

ITEM 5. Amend rule 645—303.6(147) as follows:

645—303.6(147) Reinstatement of lapsed license. Failure of the licensee to renew within 30 days after expiration date shall cause the license to lapse. A person who allows a license to lapse cannot engage in practice in Iowa without first complying with all regulations governing reinstatement as outlined in the board rules. A person who allows the license to lapse may apply to the board for reinstatement of the license. Reinstatement of the lapsed license may be granted by the board if the applicant:

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

2. Pays all of the following fees to a maximum of $350:

• Renewal fees then due;

• Late fees The late fee which have has been assessed by the board for failure to renew; and

• Reinstatement fees The reinstatement fee which have has been assessed by the board for failure to renew; and

3. Provides evidence of:

• satisfactory Satisfactory completion of Iowa continuing education requirements computed by multiplying 30 times the number of years bienniums since the license had lapsed to a maximum of 90 hours. ; or

ITEM 6. Amend rule 645—303.10(147,272C) as follows:

645—303.10(147,272C) Reinstatement of inactive practitioners. Inactive practitioners who have been granted a waiver of compliance with these rules and obtained a certificate of exemption shall, prior to engaging in the practice of speech pathology or audiology or both in the state of Iowa, satisfy the following requirements for reinstatement.

303.10(1) Submit written application for reinstatement to the board upon forms provided by the board accompanied by the current license fee; and

303.10(2 4) Furnish in the application evidence of one of the following:

a. to c. No change.

ITEM 7. Adopt new 645—Chapter 304 as follows:

CHAPTER 304

DISCIPLINE FOR SPEECH PATHOLOGISTSAND AUDIOLOGISTS

645—304.1(272C) Grounds for discipline. The board may impose any of the disciplinary sanctions set forth in 645— 13.1(272C), including civil penalties in an amount not to exceed $1000, when the board determines that a licensee:

304.1(1) Is guilty of any of the following acts or offenses:

a. Fraud in procuring a license.

b. Professional incompetency.

c. Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of the profession or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.

d. Habitual intoxication or addiction to the use of drugs.

e. Conviction of a felony related to the profession or occupation of the licensee or the conviction of any felony that would affect the licensee’s ability to practice within the profession. A copy of the record of conviction or plea of guilty shall be conclusive evidence.

f. Fraud in representations as to skill or ability.

g. Use of untruthful or improbable statements in advertisements.

h. Willful or repeated violations of the provisions of Iowa Code chapter 147.

304.1(2) Is in violation of the rules promulgated by the board.

304.1(3) Is in violation of the following code of ethics:

a. Claims of expected clinical results shall be based upon sound evidence and shall accurately convey the probability and degree of expected improvement.

b. Persons served professionally or the files of such persons will be used for teaching or research purposes only after obtaining informed consent from those persons or from the legal guardians of such persons.

c. Information of a personal or professional nature obtained from persons served professionally will be released only to individuals authorized by the persons receiving professional service or to those individuals to whom release is required by law.

d. Relationships between professionals and between a professional and a client shall be based on high personal regard and mutual respect without concern for race, religious preference, sex, or age.

e. Referral of clients for additional services or evaluation and recommendation of sources for purchasing appliances shall be without any consideration for financial or material gain to the licensee making the referral or recommendation for purchase.

f. Licensees who dispense products to persons served professionally shall provide clients with freedom of choice for the source of services and products.

g. Failure to comply with Food and Drug Administration rules 21 CFR §801.420 (April 1, 1981), “Hearing aid devices; professional and patient labeling,” and 21 CFR §801.421 (April 1, 1981), “Hearing aid devices, conditions for sale.”

304.1(4) Is disqualified for personal reasons:

a. Mental or physical inability reasonably related to and adversely affecting the licensee’s ability to practice in a safe and competent manner.

b. Involuntary commitment for treatment of mental illness, drug addiction or alcoholism.

304.1(5) Is practicing or has practiced the profession while the license is suspended.

304.1(6) Has had a license suspended or revoked by another state.

304.1(7) Is negligent in the practice of the profession, which is a failure to exercise due care, including negligent delegation to or supervision of employees or other individuals, whether or not injury results; or any conduct, practice or conditions which impair the ability to safely and skillfully practice the profession.

304.1(8) Has committed prohibited acts consisting of the following:

a. Permitting an unlicensed employee or person under the licensee’s control to perform activities requiring a license.

b. Permitting another person to use the licensee’s license for any purpose.

c. Practicing outside the scope of a license.

d. Verbally or physically abusing clients.

304.1(9) Has committed unethical business practices, consisting of any of the following:

a. False or misleading advertising.

b. Betrayal of a professional confidence.

c. Falsifying clients’ records.

d. Billing for services which were not rendered, or charging fees which are inconsistent with any prior agreements reached with the clients.

304.1(10) Has failed to report a change of name or address within 30 days after it occurs.

304.1(11) Has submitted a false report of continuing education or has failed to submit the annual report of continuing education.

304.1(12) Has failed to notify the board within 30 days after occurrence of any judgment or settlement of a malpractice claim or action.

304.1(13) Has failed to comply with a subpoena issued by the board.

This rule is intended to implement Iowa Code sections 272C.3 and 272C.4.

ITEM 8. Adopt new 645—Chapter 305 as follows:

CHAPTER 305

FEES

645—305.1(147) License fees. All fees are nonrefundable.

305.1(1) Licensure fee for license to practice speech pathology or audiology, temporary clinical license, licensure by endorsement, or licensure by reciprocity is $100.

305.1(2) Biennial license renewal fee for each biennium is $80.

305.1(3) Late fee for failure to renew before expiration is $50.

305.1(4) Reinstatement fee for a lapsed license or an inactive license is $50.

305.1(5) Duplicate license fee is $10.

305.1(6) Verification of license fee is $10.

305.1(7) Returned check fee is $15.

305.1(8) Disciplinary hearing fee is a maximum of $75.

305.1(9) Temporary clinical license renewal fee is $50.

305.1(10) Temporary permit fee is $25.

This rule is intended to implement Iowa Code chapters 17A, 147 and 272C.

Pursuant to the authority of Iowa Code sections 100.35 and 321.4, the Department of Public Safety hereby gives Notice of Intended Action to amend Chapter 5, “Fire Marshal,” and Chapter 10, “Practice and Procedure Before the Department of Public Safety,” Iowa Administrative Code.

New language added to Iowa Code chapter 17A by the Iowa General Assembly during its 2000 Session codifies requirements for Executive Branch agencies to adopt rules specifying procedures for requesting waivers from an agency’s rules and criteria for approving or denying such requests. The amendments proposed here would replace existing rules regarding exceptions from and waivers of administrative rules of the Department of Public Safety. The amendment to Chapter 5 will govern waivers of rules of the State Fire Marshal, including rules contained in Chapters 5, 53, 54, and 59, while the amendment to Chapter 10 will govern waivers from rules of the Department other than rules of the State Fire Marshal or rules contained in the State of Iowa Building Code (Chapter 16 of the rules of the Department of Public Safety). Provisions governing waivers of rules contained in the State of Iowa Building Code are not dealt with in this Notice, but will be dealt with in separate rule making.

A public hearing on these proposed amendments will be held on June 22, 2001, at 10:30 a.m., in the Third Floor Conference Room of the Wallace State Office Building, East 9th and Grand, Des Moines, Iowa. Persons may present their views orally or in writing at the public hearing. Persons who wish to make oral presentations at the public hearing should contact the Agency Rules Administrator, Department of Public Safety, Wallace State Office Building, Des Moines, Iowa 50319, by mail, by telephone at (515)281–5524, or by electronic mail to admrule@dps.state.ia.us, at least one day prior to the public hearing.

Any written comments or information regarding these proposed amendments may be directed to the Agency Rules Administrator by mail or electronic mail at the addresses indicated, or may be submitted at the public hearing. Persons who wish to convey their views orally other than at the public hearing may contact the Agency Rules Administrator by telephone or in person at least one day prior to the public hearing.

These amendments are intended to implement Iowa Code section 17A.22.

The following amendments are proposed.

ITEM 1. Rescind subrule 5.1(5).

ITEM 2. Amend 661—Chapter 5 by adopting the following new rule:

661—5.15(17A,100) Waivers, variances, and exceptions. This rule outlines generally applicable standards and a uniform process for the granting of individual waivers from rules of the state fire marshal in situations where no other more specific procedure provides for waivers. To the extent another more specific provision of law governs the issuance of a waiver from a particular rule, the more specific provision shall supersede this rule with respect to any waiver from that rule.

“Rules of the state fire marshal” include any rules contained in 661—Chapters 5, 53, 54, and 59.

“Waiver” or “variance” means an action by the fire marshal which suspends, in whole or in part, the requirements or provisions of a rule as applied to an identified person on the basis of the particular circumstances of that person. For simplicity, the term “waiver” shall include both a “waiver” and a “variance.”

5.15(1) Applicability of rule. The fire marshal may grant a waiver from a rule only if the fire marshal has jurisdiction over the rule and the requested waiver is consistent with applicable statutes, constitutional provisions, or other provisions of law. The fire marshal may not waive requirements created or duties imposed by statute.

5.15(2) Criteria for waiver or variance. In response to a petition completed pursuant to this rule, the fire marshal may, in the fire marshal’s sole discretion, issue an order waiving, in whole or in part, the requirements of a rule if the fire marshal finds, based on clear and convincing evidence, all of the following:

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

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

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

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

5.15(3) Filing of petition. A petition for a waiver must be submitted in writing to the fire marshal as follows:

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

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

c. Other. If the petition does not relate to a license application or a pending contested case, the petition shall be submitted using a caption indicating the name of the entity or person for whom the waiver is requested and the location of property to which the proposed waiver would apply, if any.

d. File petition. A petition is deemed filed when it is received in the office of the state fire marshal. A petition should be sent or delivered to the Iowa State Fire Marshal, 621 East 2nd Street, Des Moines, Iowa 50309.

5.15(4) Content of petition. A petition for waiver shall include the following information where applicable and known to the requester:

a. The name, address, and telephone number of the entity or person for whom a waiver is being requested; the case number of or other reference to any related contested case; and the name, address, and telephone number of the petitioner’s legal representative, if any.

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

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

d. The relevant facts that the petitioner believes would justify a waiver under each of the four criteria described in subrule 5.15(2). This statement shall include a signed statement from the petitioner attesting to the accuracy of the facts provided in the petition, and a statement of reasons that the petitioner believes will justify a waiver.

e. A history of any prior contacts between the department of public safety or any other agency of the state of Iowa or political subdivision and the petitioner relating to the regulated activity or license affected by the proposed waiver, including a description of each affected license or certificate held by the requester, any formal charges filed, notices of violation, contested case hearings, or investigations relating to the regulated activity or license within the last five years.

f. Any information known to the requester regarding actions of the fire marshal in similar cases.

g. The name, address, and telephone number of any public agency or political subdivision which also regulates the activity in question or which might be affected by the granting of a waiver.

h. The name, address, and telephone number of any entity or person who would be adversely affected by the granting of a petition.

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

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

5.15(5) Additional information. Prior to issuing an order granting or denying a waiver, the fire marshal may request additional information from the petitioner relative to the petition and surrounding circumstances. If the petition was not filed in a contested case, the fire marshal may, on the fire marshal’s own motion or at the petitioner’s request, schedule a telephonic or in–person meeting between the petitioner and a representative or representatives of the fire marshal related to the waiver request.

5.15(6) Notice. The fire marshal shall acknowledge a petition upon receipt. The fire marshal shall ensure that all persons to whom notice is required by any provision of law, including the petitioner, receive notice within 30 days of the receipt of the petition that the petition is pending and a concise summary of its contents. In addition, the fire marshal may give notice to other persons. To accomplish this notice provision, the fire marshal may require the petitioner to serve the notice on all persons to whom notice is required by any provision of law, and provide a written statement to the department attesting that notice has been provided.

5.15(7) Hearing procedures. The provisions of Iowa Code sections 17A.10 to 17A.18A regarding contested case hearings shall apply to any petition for a waiver filed within a contested case, and shall otherwise apply to department proceedings for a waiver only when the department so provides by rule or order or is required to do so by statute.

5.15(8) Ruling. An order granting or denying a waiver shall be in writing and shall contain a reference to the particular person or legal entity and rule or portion thereof to which the order pertains, a statement of the relevant facts and reasons upon which the action is based, and a description of the precise scope and duration of the waiver if one is issued.

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

b. Burden of persuasion. The burden of persuasion rests with the petitioner to demonstrate by clear and convincing evidence that the fire marshal should exercise discretion to grant a waiver of a rule.

c. Narrowly tailored. A waiver, if granted, shall provide the narrowest exception possible to the provisions of a rule.

d. Administrative deadlines. When the rule from which a waiver is sought establishes administrative deadlines, the fire marshal shall balance the special individual circumstances of the petitioner with the overall goal of uniform treatment of all similarly situated persons.

e. Conditions. The fire marshal may place on a waiver any condition that the fire marshal finds desirable to protect the public health, safety, and welfare.

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

g. Time for ruling. The fire marshal shall grant or deny a petition for a waiver as soon as practicable but, in any event, shall do so within 120 days of its receipt, unless the petitioner agrees to a later date. However, if a petition is filed in a contested case, the fire marshal shall grant or deny the petition no later than the time at which the final decision in that contested case is issued.

h. When deemed denied. Failure of the fire marshal to grant or deny a petition within the required time period shall be deemed a denial of that petition by the fire marshal. However, the fire marshal shall remain responsible for issuing an order denying a waiver.

i. Service of order. Within seven days of its issuance, any order issued under this rule shall be transmitted to the petitioner or the person to whom the order pertains, and to any other person entitled to such notice by any provision of law.

5.15(9) All orders granting or denying a waiver petition shall be indexed, filed, and available for public inspection as provided in Iowa Code section 17A.3. Petitions for a waiver and orders granting or denying a waiver petition are public records under Iowa Code chapter 22. Some petitions or orders may contain information the fire marshal is authorized or required to keep confidential. The department may accordingly redact confidential information from petitions or orders prior to public inspection.

5.15(10) Summary reports. The fire marshal shall provide information regarding requests for waivers received pursuant to this rule to the agency rules administrator for inclusion in summary reports of requests for waivers as provided for in 661—subrule 10.222(10).

5.15(11) Cancellation of a waiver. A waiver issued by the fire marshal pursuant to this rule may be withdrawn, canceled, or modified if, after appropriate notice and hearing, the fire marshal issues an order finding any of the following:

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

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

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

5.15(12) Violations. Violation of a condition in a waiver order shall be treated as a violation of the particular rule for which the waiver was granted. As a result, the recipient of a waiver under this chapter who violates a condition of the waiver may be subject to the same remedies or penalties as a person who violates the rule at issue.

5.15(13) Defense. After the fire marshal issues an order granting a waiver, the order is a defense within its terms and the specific facts indicated therein only for the person to whom the order pertains in any proceeding in which the rule in question is sought to be invoked.

5.15(14) Appeals. Decisions of the fire marshal pursuant to this rule may be appealed to the commissioner of public safety. Provision for appeals of proposed decisions in contested case proceedings shall apply, as provided in rule 661—10.327(17A).

5.15(15) Judicial review. Judicial review of the department’s decision to grant or deny a waiver petition may be taken in accordance with Iowa Code chapter 17A.

5.15(16) Sample petition for waiver. A petition for waiver filed in accordance with this chapter must meet the requirements specified herein and must substantially conform to the following form:

1. Provide the name, address, and telephone number of the petitioner (person asking for a waiver or variance). Also provide the name, address, and telephone number of the petitioner’s legal representative, if applicable, and a statement indicating the person to whom communications concerning the petition should be directed.

2. Describe and cite the specific rule from which a waiver is requested.

3. Describe the specific waiver requested, including the precise scope and time period for which the waiver will extend.

4. Explain the relevant facts and reasons that the petitioner believes justify a waiver. Include in the answer all of the following:

• Why applying the rule would result in undue hardship to the petitioner;

• Why waiving the rule would not prejudice the substantial legal rights of any person;

• Whether the provisions of the rule subject to the waiver are specifically mandated by statute or another provision of law; and

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

5. Provide a history of any prior contacts between the department, other departments or agencies of the state of Iowa, or political subdivisions and petitioner relating to the regulated activity or license that would be affected by the waiver. Include a description of each affected license held by the petitioner, any formal charges filed, any notices of violation, any contested case hearings held, or any investigations related to the regulated activity, license, registration, certification, or permit.

6. Provide information known to the petitioner regarding the fire marshal’s action in similar cases.

7. Provide the name, address, and telephone number of any public agency or political subdivision that also regulates the activity in question or that might be affected by the granting of the petition.

8. Provide the name, address, and telephone number of any person or entity that would be adversely affected by the granting of the waiver.

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

10. Provide signed releases of information authorizing persons with knowledge regarding the request to furnish the fire marshal with information relevant to the waiver.

I hereby attest to the accuracy and truthfulness of the above information.

_________________________ __________

Petitioner’s signature Date

This rule is intended to implement Iowa Code section 17A.22.

ITEM 3. Amend rule 661—10.1(17A) by adopting the following new definition:

“Waiver” or “variance” means an action by the department which suspends, in whole or in part, the requirements or provisions of a rule as applied to an identified person on the basis of the particular circumstances of that person. For simplicity, the term “waiver” shall include both a “waiver” and a “variance.”

ITEM 4. Rescind rule 661—10.222(17A) and adopt in lieu thereof the following new rule:

661—10.222(17A) Waivers of rules. This rule outlines generally applicable standards and a uniform process for the granting of individual waivers from rules adopted by the department of public safety in situations where no other more specific procedure provides for waivers. To the extent another more specific provision of law governs the issuance of a waiver from a particular rule, the more specific provision shall supersede this rule with respect to any waiver from that rule. Generally, more specific procedures exist for considering waivers from rules of the state fire marshal and from provisions of the state of Iowa building code.

10.222(1) Applicability of rule. The department may grant a waiver from a rule only if the department has jurisdiction over the rule and the requested waiver is consistent with applicable statutes, constitutional provisions, or other provisions of law. The department may not waive requirements created or duties imposed by statute.

10.222(2) Criteria for waiver or variance. In response to a petition completed pursuant to this rule, the department may, in its sole discretion, issue an order waiving, in whole or in part, the requirements of a rule if the department finds, based on clear and convincing evidence, all of the following:

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

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

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

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

10.222(3) Filing of petition. A petition for a waiver must be submitted in writing to the department as follows:

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

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

c. Other. If the petition does not relate to a license application or a pending contested case, the petition may be submitted with a caption containing the name of the entity or person for whom the waiver is requested.

d. File petition. A petition is deemed filed when it is received in the department’s office. A petition should be sent to the Iowa Department of Public Safety, Attention: Agency Rules Administrator, Wallace State Office Building, East 9th and Grand, Des Moines, Iowa 50319–0040.

10.222(4) Content of petition. A petition for waiver shall include the following information where applicable and known to the requester:

a. The name, address, and telephone number of the entity or person for whom a waiver is being requested; the case number of or other reference to any related contested case; and the name, address, and telephone number of the petitioner’s legal representative, if any.

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

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

d. The relevant facts that the petitioner believes would justify a waiver under each of the four criteria described in subrule 10.222(2). This statement shall include a signed statement from the petitioner attesting to the accuracy of the facts provided in the petition, and a statement of reasons that the petitioner believes will justify a waiver.

e. A history of any prior contacts between the department, other departments or agencies of the state or Iowa, or political subdivisions and the petitioner relating to the regulated activity or license affected by the proposed waiver, including a description of each affected license or certificate held by the requester, any formal charges filed, notices of violation, contested case hearings, or investigations relating to the regulated activity or license within the last five years.

f. Any information known to the requester regarding the department’s action in similar cases.

g. The name, address, and telephone number of any public agency or political subdivision which also regulates the activity in question or which might be affected by the granting of a waiver.

h. The name, address, and telephone number of any entity or person that would be adversely affected by the granting of a petition.

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

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

10.222(5) Additional information. Prior to issuing an order granting or denying a waiver, the department may request additional information from the petitioner relative to the petition and surrounding circumstances. If the petition was not filed in a contested case, the department may, on its own motion or at the petitioner’s request, schedule a telephonic or in–person meeting between the petitioner and a representative or representatives of the department related to the waiver request.

10.222(6) Notice. The department shall acknowledge a petition upon receipt. The department shall ensure that all persons to whom notice is required by any provision of law, including the petitioner, receive notice within 30 days of the receipt of the petition, that the petition is pending and a concise summary of its contents. In addition, the department may give notice to other persons. To accomplish this notice provision, the department may require the petitioner to serve the notice on all persons to whom notice is required by any provision of law, and provide a written statement to the department attesting that notice has been provided.

10.222(7) Hearing procedures. The provisions of Iowa Code sections 17A.10 to 17A.18A regarding contested case hearings shall apply to any petition for a waiver filed within a contested case, and shall otherwise apply to department proceedings for a waiver only when the department so provides by rule or order or is required to do so by statute.

10.222(8) Ruling. An order granting or denying a waiver shall be in writing and shall contain a reference to the particular person or legal entity and rule or portion thereof to which the order pertains, a statement of the relevant facts and reasons upon which the action is based, and a description of the precise scope and duration of the waiver if one is issued.

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

b. Burden of persuasion. The burden of persuasion rests with the petitioner to demonstrate by clear and convincing evidence that the department should exercise its discretion to grant a waiver from a rule.

c. Narrowly tailored. A waiver, if granted, shall provide the narrowest exception possible to the provisions of a rule.

d. Administrative deadlines. When the rule from which a waiver is sought establishes administrative deadlines, the department shall balance the special individual circumstances of the petitioner with the overall goal of uniform treatment of all similarly situated persons.

e. Conditions. The department may place on a waiver any condition that the department finds desirable to protect the public health, safety, and welfare.

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

g. Time for ruling. The department shall grant or deny a petition for a waiver as soon as practicable but, in any event, shall do so within 120 days of its receipt, unless the petitioner agrees to a later date. However, if a petition is filed in a contested case, the department shall grant or deny the petition no later than the time at which the final decision in that contested case is issued.

h. When deemed denied. Failure of the department to grant or deny a petition within the required time period shall be deemed a denial of that petition by the department. However, the department shall remain responsible for issuing an order denying a waiver.

i. Service of order. Within seven days of its issuance, any order issued under this rule shall be transmitted or delivered to the petitioner or the person to whom the order pertains, and to any other person entitled to such notice by any provision of law.

10.222(9) All orders granting or denying a waiver petition shall be indexed, filed, and available for public inspection as provided in Iowa Code section 17A.3. Petitions for a waiver and orders granting or denying a waiver petition are public records under Iowa Code chapter 22. Some petitions or orders may contain information the department is authorized or required to keep confidential. The department may accordingly redact confidential information from petitions or orders prior to public inspection.

10.222(10) Summary reports. Semiannually, the department shall prepare a summary report identifying the rules for which a waiver has been granted or denied, the number of times a waiver was granted or denied for each rule, a citation to the statutory provisions implemented by these rules, and a general summary of the reasons justifying the department’s actions on waiver requests. If practicable, the report shall detail the extent to which the granting of a waiver has affected the general applicability of the rule itself. Copies of this report shall be available for public inspection and shall be provided semiannually to the administrative rules coordinator and the administrative rules review committee.

10.222(11) Cancellation of a waiver. A waiver issued by the department pursuant to this chapter may be withdrawn, canceled, or modified if, after appropriate notice and hearing, the department issues an order finding any of the following:

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

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

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

10.222(12) Violations. Violation of a condition in a waiver order shall be treated as a violation of the particular rule for which the waiver was granted. As a result, the recipient of a waiver under this chapter who violates a condition of the waiver may be subject to the same remedies or penalties as a person who violates the rule at issue.

10.222(13) Defense. After the department issues an order granting a waiver, the order is a defense within its terms and the specific facts indicated therein only for the person to whom the order pertains in any proceeding in which the rule in question is sought to be invoked.

10.222(14) Judicial review. Judicial review of the department’s decision to grant or deny a waiver petition may be taken in accordance with Iowa Code chapter 17A.

10.222(15) Sample petition for waiver. A petition for waiver filed in accordance with this chapter must meet the requirements specified herein and must substantially conform to the following form:

1. Provide the name, address, and telephone number of the petitioner (person asking for a waiver or variance). Also provide the name, address, and telephone number of the petitioner’s legal representative, if applicable, and a statement indicating the person to whom communications concerning the petition should be directed.

2. Describe and cite the specific rule from which a waiver is requested.

3. Describe the specific waiver requested, including the precise scope and time period for which the waiver will extend.

4. Explain the relevant facts and reasons that the petitioner believes justify a waiver. Include in your answer all of the following:

• Why applying the rule would result in undue hardship to the petitioner;

• Why waiving the rule would not prejudice the substantial legal rights of any person;

• Whether the provisions of the rule subject to the waiver are specifically mandated by statute or another provision of law; and

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

5. Provide a history of any prior contacts between the department, other departments or agencies of the state of Iowa, or political subdivisions and petitioner relating to the regulated activity or license that would be affected by the waiver. Include a description of each affected license held by the petitioner, any formal charges filed, any notices of violation, any contested case hearings held, or any investigations related to the regulated activity, license, registration, certification, or permit.

6. Provide information known to the petitioner regarding the department’s action in similar cases.

7. Provide the name, address, and telephone number of any public agency or political subdivision that also regulates the activity in question or that might be affected by the granting of the petition.

8. Provide the name, address, and telephone number of any person or entity that would be adversely affected by the granting of the waiver or variance.

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

10. Provide signed releases of information authorizing persons with knowledge regarding the request to furnish the department with information relevant to the waiver.

I hereby attest to the accuracy and truthfulness of the above information.

____________________________ __________

Petitioner’s signature Date

This rule is intended to implement Iowa Code section 17A.22.

Pursuant to the authority of Iowa Code section 692A.10, the Department of Public Safety hereby gives Notice of Intended Action to amend Chapter 8, “Criminal Justice Information,” Iowa Administrative Code.

2001 Iowa Acts, House File 550, which was recently passed by the General Assembly, was signed into law by Governor Thomas J. Vilsack on April 24, 2001, and took effect immediately. House File 550 adds an offense to the list of those requiring registration with the Iowa Sex Offender Registry. Violations of Iowa Code section 709C.1, subsection 1, paragraph “a,” will now require registration. This section deals with “criminal transmission of human immunodeficiency virus,” and subsection 1, paragraph “a,” deals specifically with transmission of the virus through “intimate contact.” House File 550 adds the offense of criminal transmission of human immunodeficiency virus through intimate contact to the list of “aggravated offenses” which require registration with the Iowa Sex Offender Registry for life.

This amendment was also Adopted and Filed Emergency and is published herein as ARC 0677B. The content of that submission is incorporated by reference.

A public hearing on the proposed amendment will be held on June 22, 2001, at 9:30 a.m. in the Third Floor Conference Room, Wallace State Office Building, East 9th and Grand, Des Moines, Iowa. Persons may present their views orally or in writing at the public hearing. Persons who wish to make oral presentations at the public hearing should contact the Agency Rules Administrator, Iowa Department of Public Safety, Wallace State Office Building, Des Moines, Iowa 50319, by mail, by telephone at (515)281–5524, or by electronic mail to admrule@dps.state.ia.us at least one day prior to the public hearing.

Any written comments or information regarding the proposed amendment may be directed to the Agency Rules Administrator by mail or electronic mail at the addresses indicated, or may be submitted at the public hearing. Persons who wish to convey their views orally other than at the public hearing may contact the Agency Rules Administrator by telephone or in person at least one day prior to the public hearing.

This amendment is intended to implement Iowa Code section 692A.1 as amended by 2001 Iowa Acts, House File 550.

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

A fee schedule for building code plan reviews was recently adopted by the Building Code Commissioner, acting with the approval of the Building Code Advisory Council. The adopted rule was published in the Iowa Administrative Bulletin on November 29, 2000, as ARC 0314B. That rule making inadvertently omitted two items from the fee schedule which had been approved by the Building Code Advisory Council. Emergency rule making was undertaken to correct that omission. The emergency rule was published in the Iowa Administrative Bulletin on April 18, 2001, as ARC 0615B, and adopted the fees omitted from the schedule adopted in the prior rule making. The fees originally omitted are for sprinkler plan reviews and for fire alarm reviews, each of which has a flat fee of $100. The emergency rule making was effective April 1, 2001. The amendment proposed here is identical to the emergency rule making undertaken in ARC 0615B. This Notice of Intended Action is being published to allow for public comment on the amendment adopted through emergency procedures in ARC 0615B. The two fees which were omitted from the published schedule and which are proposed here are exceptions to the general approach of charging for plan reviews based on the square footage covered by the plan under review and will always result in lower fees being assessed to those whose plans are being reviewed only for fire alarms or sprinklers than would be the case without these fees being adopted.

A public hearing on this proposed amendment will be held on June 22, 2001, at 10 a.m., in the Third Floor Conference Room of the Wallace State Office Building, East 9th and Grand, Des Moines, Iowa 50319. Persons may present their views orally or in writing at the public hearing. Persons who wish to make oral presentations at the public hearing should contact the Agency Rules Administrator, Department of Public Safety, Wallace State Office Building, Des Moines, Iowa 50319 by mail, by telephone at (515)281–5524, or by electronic mail to admrule@dps.state.ia.us, at least one day prior to the public hearing.

Any written comments or information regarding this proposed amendment may be directed to the Agency Rules Administrator by mail or electronic mail at the addresses indicated, or may be submitted at the public hearing. Persons who wish to convey their views orally other than at the public hearing may contact the Agency Rules Administrator by telephone or in person at least one day prior to the public hearing.

This amendment is intended to implement Iowa Code section 103A.23.

The following amendment is proposed.

Amend subrule 16.131(2) by rescinding paragraph “c” and adopting in lieu thereof the following new paragraph:

c. The fees for completion of building code plan reviews, which shall be reviews for compliance with 661— Chapter 5 and 661—Chapter 16, excluding mechanical, electrical, plumbing, and accessibility provisions, shall be calculated as follows:

Payment of the assigned fee shall accompany each plan when submitted for review. Payment may be made by credit card, money order, check or draft made payable to the “Iowa Department of Public Safety—Building Code Bureau”.

Pursuant to the authority of Executive Order Number 8, the Department of Revenue and Finance hereby gives notice of a public hearing scheduled to consider existing rules of the Department. The Department has adopted an Administrative Rules Review Plan, as provided in Executive Order Number 8, which specifies a schedule for consideration of all existing Department rules. Part of the rules review plan is to conduct public hearings to receive comments by interested parties. The hearings are for the sole purpose of receiving comments on all existing administrative rules.

The following public hearings are scheduled:

June 21, 2001, 10 a.m. to 12 noon, at the Hoover State Office Building, East Thirteenth and Walnut, Fourth Floor Conference Rooms, Des Moines, Iowa 50319.

June 21, 2001, 1 to 3 p.m., at the following tentatively scheduled interactive Iowa Communications Network (ICN) locations:

Area Education Agency

1400 2nd St. N.W.

Elkader, Iowa

Dubuque Community School District—Forum

2300 Chaney

Dubuque, Iowa

North Iowa Area Community College—2

500 College Drive

Mason City, Iowa

Spencer High School

800 E. 3rd St.

Spencer, Iowa

Orange City Public Library

112 Albany Street S.E.

Orange City, Iowa

Area Education Agency

909 S. 12th St.

Marshalltown, Iowa

University of Northern Iowa—2

Schindler 130A

Corner of Hudson Road and 23rd St.

Cedar Falls, Iowa

Public Library

321 Main St.

Davenport, Iowa

Public Library

500 1st St. S.E.

Cedar Rapids, Iowa

DMACC Campus

906 North Grant Road

Carroll, Iowa

Department of Education Classroom

Grimes State Office Building

Des Moines, Iowa

Public Library

400 Willow Ave.

Council Bluffs, Iowa

Matilda Gibson Memorial Library

200 W. Howard St.

Creston, Iowa

National Guard Armory

2858 N. Court Road

Ottumwa, Iowa

Western Hills Area Education Agency 12

1520 Morningside Ave.

Sioux City, Iowa

Algona High School