Pages 1184 to 1281 include ARC 1310B to ARC 1381B

Notice, Administrative structure of department,
1.1 to 1.7 ARC 1375B 1184

Notice, Infectious and contagious diseases—
reporting; paratuberculosis (Johne’s) disease,
64.1, 64.170 to 64.178 ARC 1377B 1186

Notice, Procedures and penalties—antibiotics
found in raw milk for sale in commerce, 68.36
ARC 1376B 1189

Schedule for rule making 1173

Publication procedures 1174

Administrative rules on CD–ROM 1174

Agency identification numbers 1182

CITATION OF ADMINISTRATIVE RULES 1172

Notice 1190

Notice, Iowa vocational–technical tuition
grant program, 13.1(1)“a” ARC 1350B 1190

Educational Examiners Board[282]
Denial of license or discipline of licensee,
12.2(2) Delay 1282

Environmental Protection Commission[567]
Discarded appliance demanufacturing,
ch 118 Delay 1282

Human Services Department[441]
Medicaid—reduction in payments to
providers, 78.3(13), 78.3(14), 78.3(16),
79.1(1)“g,” 79.1(2), 79.1(8)“a,” 79.1(18),
81.6(4)“a”(1), 81.6(16) Delay 1282

Filed, Application for dental and dental
hygiene licensure and local anesthesia
permits, 11.1 to 11.11 ARC 1360B 1253

Filed, Examinations—dental and dental
hygiene licensure, 12.1 to 12.5 ARC 1354B 1253

Filed, Renewal, 14.1 to 14.5 ARC 1355B 1254

Filed, Current certification in CPR, 14.1(4),
14.3(4), 14.5(1), 25.2(10) ARC 1359B 1254

Filed, Continuing education, 25.2 to 25.5,
25.7, 25.10 ARC 1361B 1255

Filed, Unethical and unprofessional conduct,
27.9 ARC 1357B 1257

Filed, Oral and maxillofacial radiology,
28.1, 28.10 ARC 1356B 1258

Filed, Discipline; impaired practitioner
review committee, 30.1, 30.2, 30.4, 30.5,
ch 35 ARC 1358B 1258

Filed, Duties of peer review committees;
mandatory reporting; costs of monitoring
compliance with a settlement agreement,
31.8, 31.13, 51.19(9) ARC 1353B 1259

Delay, Denial of license or discipline of licensee,
12.2(2) 1282

Notice, Teacher intern license; alternative
preparation license for out–of–state candidates,
14.129, 14.130 ARC 1348B 1191

Notice, Open enrollment—uniform
enforcement for male and female athletes,
17.8 ARC 1363B 1192

Notice, Extracurricular interscholastic
competition—uniform enforcement for
male and female athletes, 36.1, 36.14,
36.15, 36.17 to 36.20 ARC 1345B 1193

Notice, Extracurricular athletic activity
conferences—uniform enforcement for male
and female athletes, 37.1, 37.3 to 37.5
ARC 1346B 1197

Notice, Standards for practitioner preparation
programs, rescind ch 77 ARC 1366B 1198

Notice, Standards for graduate practitioner
preparation programs, rescind ch 78
ARC 1367B 1198

EDUCATION DEPARTMENT[281] (Cont’d)

Notice, Beginning teacher mentoring and induction
program, 83.1, 83.3, 83.4, 83.6 ARC 1344B 1198

Notice, Uniform rules; rules of practice, 1.1 to
1.5; ch 2; 3.1, 3.2, 4.1 to 4.3; rescind ch 5
ARC 1319B 1202

Notice, Wireless enhanced 911 implementation and
operation plan; recovery of overpayments;
administrative hearing process, 10.7(2),
10.9, 10.15 ARC 1347B 1203

Delay, Discarded appliance demanufacturing,
ch 118 1282

Notice, Volunteer monitoring data requirements,
60.2, 61.10 to 61.13 ARC 1351B 1204

Notice, Department organization; capitol
complex operations; state employee driving
guidelines, chs 1, 3, 11 ARC 1349B 1206

Filed Emergency, Capitol complex operations,
ch 3 ARC 1322B 1241

Delay, Medicaid—reduction in payments to
providers, 78.3(13), 78.3(14), 78.3(16),
79.1(1)“g,” 79.1(2), 79.1(8)“a,” 79.1(18),
81.6(4)“a”(1), 81.6(16) 1282

Notice, Refugee services program—limitations
on eligibility, 61.6(2) ARC 1328B 1212

Notice, Refugee services program—pilot
recredentialing services; targeted assistance
grants, 61.16, 61.17 ARC 1330B 1213

Notice, Medicaid—reduction in payments to
providers, 78.3, 79.1(1)“g,” 79.1(2),
79.1(8)“a,” 79.1(18), 81.6(4), 81.6(16)
ARC 1364B 1214

Notice, Reimbursement to inpatient and
outpatient hospitals, 79.1 ARC 1381B 1214

Filed, Phase–out of 12–month waiver period,
48.24 ARC 1326B 1260

Filed, Burial benefits, rescind ch 56
ARC 1327B 1260

Filed Emergency, Refugee services program—
limitations on eligibility, 61.6(2) ARC 1329B 1242

Filed, AIDS/HIV health insurance premium
payment program, 75.22 ARC 1331B 1261

Filed, Rehabilitative treatment service providers,
77.38 ARC 1332B 1261

Filed Emergency After Notice, Indian health
service 638 facilities, 77.45, 78.51, 79.1,
79.14(1), 80.2(2) ARC 1333B 1242

Filed Emergency, Medicaid—reduction in payments
to providers, 78.3, 79.1(1)“g,” 79.1(2),
79.1(8)“a,” 79.1(18), 81.6(4), 81.6(16)
ARC 1365B 1244

Filed Emergency After Notice, Nurse–midwives—
services and payment under Medicaid, 78.29
ARC 1334B 1250

Filed, Iowa Veterans Home—submission of
semiannual cost reports; nursing facilities—
Medicaid rates, 81.6(3), 81.6(17), 81.10(7)
ARC 1335B 1261

Filed, Nursing facilities—accountability
measures, 81.6(16) ARC 1336B 1262

Filed, PROMISE JOBS—payment to child care
providers, 93.110, 93.114(12), 170.2(4), 170.4,
170.5, 170.8 ARC 1338B 1263

Filed, Family investment program,
93.114(14), 93.132, 93.138; rescind ch 94
ARC 1337B 1264

Filed, Family–life program, 111.1 to 111.3, 111.6,
111.9(1), 111.10 ARC 1339B 1266

Notice, Hospitals—minimum standards for
construction, 51.51(2), 51.52, 51.53
ARC 1370B 1217

Filed, Discount on raffle tickets, 100.32(3)
ARC 1369B 1267

Notice, Contraceptive coverage, 35.39(1),
71.24(1), 75.18(1) ARC 1368B 1218

Notice, Housing assistance fund (HAF)—
rescind definition of “hard–to–house
populations,” 15.6 ARC 1371B 1218

Filed, IPERS, 21.6, 21.8, 21.24(14)“a”(1)
ARC 1324B 1267

Filed, IPERS—transition benefits advisory
committee, 21.33 ARC 1323B 1268

Filed, Podiatrists, chs 219, 220; 222.5, 222.8,
222.9; chs 224, 225 ARC 1374B 1268

Notice, Radiation, amendments to chs 38 to 46
ARC 1317B 1219

Notice, Health data, 177.2 to 177.4, 177.8
ARC 1318B 1227

Filed Without Notice, Radioactive waste
transport fee schedule, 38.8(11) ARC 1310B 1275

Filed, Maternal and child health program,
76.1, 76.3 to 76.7, 76.9 to 76.12, 76.13(4),
76.15, 76.17 ARC 1311B 1275

Filed, Abuse education review panel, ch 93
ARC 1312B 1276

Filed, EMS provider education/training/
certification, 131.1 to 131.4 ARC 1313B 1277

Filed, EMS—service program authorization,
132.1, 132.2, 132.7 to 132.9, 132.14,
132.15(1) ARC 1316B 1277

Filed, Adoption by reference—trauma care facility
categorization and verification and trauma triage
and transfer protocols, 134.2(3), 135.2(1)
ARC 1314B 1278

Filed, Appeals—competitive grants, 176.8
ARC 1315B 1278

Summarized list 1175

Notice, Calibration of preliminary breath testing
equipment, 7.2(1), 7.5 ARC 1373B 1228

Filed Emergency, Calibration of preliminary
breath testing equipment, 7.5 ARC 1372B 1251

Filed, Purse information, 5.5(10) ARC 1325B 1279

Notice, Retrieval of protest; errors not considered
as penalty exceptions; minimum bond for motor
fuel licensees; E–mail address or fax signature
valid on application for motor fuel license or
cigarette permit, 7.50(1), 10.8, 67.21(1),
67.23(1), 81.13(1) ARC 1342B 1229

Notice, Eligible development business investment
tax credit, 42.17, 52.20, 58.9 ARC 1341B 1230

Filed, Exemptions from sales tax; inheritance tax;
hotel and motel tax; local option tax, amendments
to chs 17, 18, 34, 86, 105, 107, 108
ARC 1343B 1279

Notice, Waivers or variances from administrative
rules, ch 8 ARC 1362B 1232

Filed, Contested cases; purchasing,
amendments to chs 4, 5 ARC 1352B 1280

Notice, Holiday rest stops; promotion of Iowa
agricultural products at rest areas; adopt–a–highway
program, amendments to chs 105, 106, 121
ARC 1379B 1234

Notice, City requests for closure of primary
road extensions, 151.1 ARC 1380B 1236

Notice, Regulations applicable to carriers,
520.1 ARC 1320B 1236

Notice, Motor carrier regulations, 529.1
ARC 1321B 1238

Filed, Vehicle registration and certificate of title,
amendments to ch 400 ARC 1378B 1280

Notice 1239

Notice, Update of gas and electric safety
standards, 10.12(1), 10.17, 19.5(2),
19.6(3), 19.8(3), 20.5(2), 20.6(3)“a,”
25.2 ARC 1340B 1239

CITATION of Administrative Rules

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

441 IAC 79 (Chapter)

441 IAC 79.1(249A) (Rule)

441 IAC 79.1(1) (Subrule)

441 IAC 79.1(1)“a” (Paragraph)

441 IAC 79.1(1)“a”(1) (Subparagraph)

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

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

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

__________________________________

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

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

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

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

Subscriptions and Distribution Telephone: (515)242–5120
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KATHLEEN K. BATES, Administrative Code Editor Telephone: (515)281–3355

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Fax: (515)281–4424

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

TO: Administrative Rules Coordinators and Text Processors of State Agencies

FROM: Kathleen K. Bates, Iowa Administrative Code Editor

SUBJECT: Publication of Rules in Iowa Administrative Bulletin

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

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2. Alternatively, you may send a PC–compatible diskette of the rule making. Please indicate on each diskette the following information: agency name, file name, format used for exporting, and chapter(s) amended. Diskettes may be delivered to the Administrative Code Division, First Floor South, Grimes State Office Building, or included with the documents submitted to the Governor’s Administrative Rules Coordinator.

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Containing: Iowa Administrative Code (updated through June 2001)
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For free brochures and order forms contact:

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

To All Agencies:

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

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

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

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

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

The following list will be updated as changes occur:

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Agricultural Development Authority[25]

Soil Conservation Division[27]

ATTORNEY GENERAL[61]

AUDITOR OF STATE[81]

CITIZENS’ AIDE[141]

CIVIL RIGHTS COMMISSION[161]

COMMERCE DEPARTMENT[181]

Alcoholic Beverages Division[185]

Banking Division[187]

Credit Union Division[189]

Insurance Division[191]

Professional Licensing and Regulation Division[193]

Accountancy Examining Board[193A]

Architectural Examining Board[193B]

Engineering and Land Surveying Examining Board[193C]

Landscape Architectural Examining Board[193D]

Real Estate Commission[193E]

Real Estate Appraiser Examining Board[193F]

Savings and Loan Division[197]

Utilities Division[199]

CORRECTIONS DEPARTMENT[201]

Parole Board[205]

CULTURAL AFFAIRS DEPARTMENT[221]

Arts Division[222]

Historical Division[223]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

City Development Board[263]

Iowa Finance Authority[265]

EDUCATION DEPARTMENT[281]

Educational Examiners Board[282]

College Student Aid Commission[283]

Higher Education Loan Authority[284]

Iowa Advance Funding Authority[285]

Libraries and Information Services Division[286]

Public Broadcasting Division[288]

School Budget Review Committee[289]

ELDER AFFAIRS DEPARTMENT[321]

EXECUTIVE COUNCIL[361]

GENERAL SERVICES DEPARTMENT[401]

HUMAN RIGHTS DEPARTMENT[421]

Community Action Agencies Division[427]

Criminal and Juvenile Justice Planning Division[428]

Deaf Services Division[429]

Persons With Disabilities Division[431]

Latino Affairs Division[433]

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

Status of Women Division[435]

HUMAN SERVICES DEPARTMENT[441]

INFORMATION TECHNOLOGY DEPARTMENT[471]

INSPECTIONS AND APPEALS DEPARTMENT[481]

Employment Appeal Board[486]

Foster Care Review Board[489]

Racing and Gaming Commission[491]

State Public Defender[493]

LAW ENFORCEMENT ACADEMY[501]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

NATURAL RESOURCES DEPARTMENT[561]

Energy and Geological Resources Division[565]

Environmental Protection Commission[567]

Natural Resource Commission[571]

Preserves, State Advisory Board for[575]

PERSONNEL DEPARTMENT[581]

PUBLIC DEFENSE DEPARTMENT[601]

Emergency Management Division[605]

Military Division[611]

PUBLIC EMPLOYMENT RELATIONS BOARD[621]

PUBLIC HEALTH DEPARTMENT[641]

Substance Abuse Commission[643]

Professional Licensure Division[645]

Dental Examiners Board[650]

Medical Examiners Board[653]

Nursing Board[655]

Pharmacy Examiners Board[657]

PUBLIC SAFETY DEPARTMENT[661]

REGENTS BOARD[681]

Archaeologist[685]

REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]

SECRETARY OF STATE[721]

TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]

TREASURER OF STATE[781]

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Labor Services Division[875]

Workers’ Compensation Division[876]

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

Pursuant to the authority of Iowa Code section 159.5(11), the Department of Agriculture and Land Stewardship gives Notice of Intended Action to amend Chapter 1, “Administration,” Iowa Administrative Code.

These proposed amendments are intended to update the rules describing the administrative structure of the Department of Agriculture and Land Stewardship and to reflect changes in the Department’s structure as the result of a recent reorganization.

Any interested person may make written suggestions or comments on the proposed amendments prior to 4:30 p.m. on February 26, 2002. Such written materials should be directed to Ronald R. Rowland, Director, Consumer Protection and Regulatory Affairs Division, Department of Agriculture and Land Stewardship, Wallace State Office Building, Des Moines, Iowa 50319. Comments may also be submitted by fax to (515)281–4282 or by E–mail to Ron.Rowland@idals. state.ia.us.

These amendments are intended to implement Iowa Code chapter 159.

The following amendments are proposed.

ITEM 1. Amend subrule 1.1(4) as follows:

1.1(4) The department is organized into six three branches known as the administrative division, the agricultural marketing division, the agricultural planning and policy division, the laboratory division, the regulatory division consumer protection and regulatory affairs division, the market development and administrative services division, and the soil conservation division. Each division is headed by a division director A division director heads each division. The directors assist the secretary in the implementation of the secretary’s policies within the various bureaus, laboratories, and units assigned to that division,. The directors shall also assist the secretary in supervising the work of the various bureaus and units assigned to that division, provide the expertise of their division to other divisions where appropriate, and perform other duties as assigned by the secretary.

ITEM 2. Amend subrule 1.1(5) as follows:

1.1(5) The agricultural development authority is a semiautonomous agency functioning within the department to provide a beginning farmer loan program and other agricultural financing programs. The powers of the agricultural development authority are vested in a board of directors, and its rules appear at 25—Chapter 1, et seq., Iowa Administrative Code. The secretary appoints an executive director to supervise and direct the activities of the authority. The executive director is appointed by a selection and tenure committee composed of the secretary and the chairperson and vice chairperson of the agricultural development authority’s board of directors.

ITEM 3. Amend rule 21—1.1(159) by adopting the following new subrule:

1.1(7) The Iowa board of veterinary medicine is an autonomous agency functioning within the department to provide for the licensing and disciplining of veterinarians and veterinary assistants. The powers of the Iowa board of veterinary medicine are vested in the board pursuant to Iowa Code chapter 169, and its rules appear at 811—Chapter 1, et seq., Iowa Administrative Code. The secretary appoints the state veterinarian who, pursuant to Iowa Code section 169.5, serves as secretary to the board.

ITEM 4. Rescind rules 21—1.2(159) to 21—1.7(159) and adopt in lieu thereof the following new rules:

21—1.2(159) Consumer protection and regulatory affairs division. In addition to the duties outlined in subrule 1.1(4), the director of the consumer protection and regulatory affairs division advises the secretary of activities and any impending or potential problems that have come to the attention of the division’s personnel. The director shall serve as a liaison between the department and the attorney general’s office and county attorney offices. The bureaus and laboratories under the supervision of the consumer protection and regulatory affairs division are as follows:

1.2(1) Animal industry bureau. The animal industry bureau is under the direction of the state veterinarian and consists of the following units:

a. Animal health. This unit conducts brucellosis, pseudorabies, and tuberculosis control and eradication programs; issues quarantines and approves premises for receiving animals of unknown health status for feeding or isolation while under quarantine; monitors and investigates reports of foreign animal diseases; inspects and licenses cattle dealers, pig dealers, auction markets, hatcheries, and rendering plants; registers cattle brands; provides secretarial help, supplies and facilities for the board of veterinary medicine; maintains the capability to react to emergency situations; and maintains liaison with livestock producer groups.

b. Animal welfare. This unit licenses and regulates facilities that engage in commercial activities relating to animals in the pet industry including, but not limited to, pet stores, dog and cat breeders and dealers, animal shelters and pounds, and kennels.

1.2(2) Commercial feed and fertilizer bureau. The commercial feed and fertilizer bureau licenses feed mills and commercial feed manufacturing facilities; registers feed and stock tonic products; collects commercial feed tonnage fees; inspects medicated feed in accordance with Food and Drug Administration rules and regulations; licenses and registers fertilizer plants and products; collects, compiles, and distributes data on plant food consumption; collects commercial fertilizer tonnage fees and groundwater protection fees; approves, inspects and regulates all anhydrous ammonia installations; and licenses, samples, evaluates and certifies all limestone quarries.

1.2(3) Dairy products control bureau. This bureau conducts a statewide program of dairy products control and regulates all phases of production, processing, and manufacturing of Grade A and Grade B dairy foods (manufacturing milk), dairy food, milk and dairy products, and other by–products. The dairy program is a part of a national regulatory scheme which provides for the interstate shipment of raw milk, pasteurized milk, and dairy products.

1.2(4) Grain warehouse bureau. This bureau licenses, inspects and examines grain dealers and grain warehouse facilities and reviews financial statements of licensees to ensure compliance with requirements including payment of fees into the grain indemnity fund. The bureau also reviews claims made against the fund and makes recommendations on those claims to the grain indemnity fund board, upon which the board takes action.

1.2(5) Meat and poultry inspection bureau. This bureau enforces and administers Iowa Code chapter 189A, the meat and poultry inspection Act. It is a cooperative program with the United States Department of Agriculture. The program must maintain an “equal to” status with the federal Wholesome Meat and Poultry Products Inspection Acts. This bureau conducts inspections of facilities, animals, products, and labeling and exercises processing controls and reinspection of meat and poultry products for intrastate commerce.

1.2(6) Pesticide bureau. The pesticide bureau registers pesticide products, licenses and certifies pesticide applicators, establishes programs for best management practices of agricultural chemicals, monitors consumer products for pesticide residues, implements pesticide enforcement and certification programs of the Environmental Protection Agency, and cooperates with the department of natural resources and other agencies.

1.2(7) Weights and measures bureau. This bureau inspects and licenses for commercial use all weights and measures or weighing and measuring devices. It conducts petroleum products sampling and testing, tests and certifies antifreeze, and conducts random package and labeling inspections of products offered for sale. It registers and licenses all service agencies and persons who service or repair commercial weighing and measuring devices. It approves or rejects all blueprints on new scale installations. It approves or rejects bonds for scale installation. The bureau maintains the state metrology laboratory and, following the rules and regulations of the National Institute of Standards and Technology and using the weights and measures standards that are traceable to the National Institute of Standards and Technology, adjusts, certifies and seals weights and measures used by state inspectors, commercial repairers and private industry.

1.2(8) Entomology and seed laboratory. This laboratory licenses establishments selling or distributing seeds that are sold for agricultural purposes; controls the movement of serious insect pests and plant diseases, including those under federal quarantine; and inspects nursery stock growers and dealers.

1.2(9) Feed, fertilizer, vitamin and drug laboratory. This laboratory analyzes feed and fertilizer samples to ensure that they comply with the guaranteed analysis. The laboratory analyzes medicated feed samples to ensure that they are manufactured and used in accordance with Food and Drug Administration (FDA) regulations. The laboratory also analyzes milk products for added vitamins A and D₃.

1.2(10) Food, meat, poultry and dairy laboratory. The food, meat, poultry and dairy laboratory analyzes samples to detect bacterial contamination and determine the composition of the product and substances added to determine wholesomeness and safety; certifies private dairy laboratories in the state; and tests public and private water supplies for bacteria and nitrate content.

1.2(11) Pesticide residue and formulation laboratory. The pesticide residue and formulation laboratory analyzes samples collected from pesticide retail establishments, during use/misuse investigations, and from pesticide manufacturers to determine if pesticides have been used and produced properly.

21—1.3(159) Market development and administrative services. In addition to the duties outlined in subrule 1.1(4), the director of the market development and administrative services division assists the secretary in the preparation and presentation of the department’s budget to the governor and the general assembly. The division provides personnel services and works with the secretary and other divisions in the selection, hiring, and most phases of employment record keeping and processing relative to pay, benefits, and employee status changes in relation to the department. The director shall serve as a liaison between the department and the department of management, the department of personnel, and the state auditor. The bureaus and units under the supervision of the division are as follows:

1.3(1) Accounting bureau. The accounting bureau handles all accounting functions for the department, manages grants, formulates budget recommendations, performs various other business functions including the paying of bills and vouchers, and maintains adequate inventory of laboratory supplies.

1.3(2) Agricultural diversification and market development bureau. This unit processes applications for organic certification and works closely with the Iowa organic standards board to ensure approval of those applications that meet state and federal regulations. This provides marketing opportunities for diversified agricultural products throughout the state.

1.3(3) Agricultural marketing bureau. This unit works with the various boards of Iowa agricultural organizations to assist and support their respective marketing efforts. The unit also serves to seek new opportunities to assist Iowa’s private firms to find markets for their products. Additionally, the unit provides Iowa livestock and grain producers with essential market information on a timely basis through the market news reporting service, a joint effort with the United States Department of Agriculture.

1.3(4) Agricultural statistics bureau. This bureau collects, prepares and publishes annual state farm census and other periodic research data, such as production figures, utilization of feed grains, grain stocks on hand, price variance, and marketing data on crops and livestock.

1.3(5) Audit bureau. The audit bureau analyzes reports filed by feed and fertilizer companies for fees paid into the general fund of the state. It also makes audits to check for compliance with check off law for the commodity promotion boards.

1.3(6) Climatology bureau. This bureau collects data and keeps records on rainfall, snowfall, snowmelt, frost and sun days, and prepares various reports including publishing maps showing data by region.

1.3(7) Horse and dog bureau. This bureau promotes the Iowa horse and dog breeding industry by registering qualified Iowa–foaled horses and Iowa–whelped dogs and working in cooperation with the racing industry. The bureau administers the payment of breeder awards to the breeders of qualified winning horses and dogs.

1.3(8) Horticulture and farmers market bureau. This bureau includes the following units:

a. Horticulture. This unit lends direction, continuity, leadership, and administrative services and guidance to the Iowa horticulture industry. The horticulture unit works with the Iowa State Horticultural Society to promote and encourage horticulture with the individual affiliate groups and the Iowa State Horticultural Society as a whole. The unit identifies and helps determine the market potential for horticultural crops such as ornamental plants, fruits and vegetables, Christmas trees, herbs, mushrooms, grapes, nuts and turf products. The horticulture unit monitors the conditions of the industry and identifies, collects, and distributes pertinent information concerning horticulture and its related interests. It acts as a resource for horticultural producers and provides referrals for assistance in marketing, production, financial aid, disaster programs, and regulatory issues. The horticulture unit acts as a liaison between industry organizations, other state and federal agencies, universities, noncommercial horticultural groups, and the agricultural community.

b. Farmers markets. This unit assists in the organization and improvement of farmers markets throughout the state. It collects and distributes information pertinent to the markets and provides market managers assistance in vendor recruitment, market promotion, and regulatory issues.

c. Farmers market nutrition programs. This unit administers programs designed to (1) provide a supplemental source of fresh, locally grown fruits and vegetables for women, infants, children, seniors, and other clients; and(2) increase the production, distribution, and consumption of locally grown fruits and vegetables.

1.3(9) Information. This unit is staffed by information specialists who prepare informational material for the public benefit under the direction of the secretary. The information specialists prepare information for use through the media including the newspapers, radio, television, and magazines. Information specialists are also responsible for drafting of brochures and cooperating with other state agencies in disseminating agricultural information and education.

1.3(10) Renewable fuels and coproducts. This unit furthers economic development of Iowa by adding value to Iowa’s agricultural commodities by facilitating increased production and consumption of products made from Iowa’s agricultural commodities and by encouraging production and use of renewable fuels and coproducts.

21—1.4(159) Soil conservation division. In addition to the duties outlined in subrule 1.1(4), the director of the soil conservation division advises the secretary on soil and water conservation matters and works with the state soil conservation committee in the adoption of rules relating to soil conservation, water resources, and mining. The division performs duties as designated in the Code of Iowa. The bureaus of the soil conservation division are as follows:

1.4(1) Field services bureau. This bureau works with elected soil and water conservation district commissioners and division of soil conservation personnel assigned to soil and water conservation districts. The bureau also coordinates water quality and watershed protection projects awarded to soil and water conservation districts.

1.4(2) Financial incentives bureau. This bureau works to control erosion on all agricultural land and administers incentive programs for the establishment of land treatment measures. The bureau also provides assistance and guidance to soil and water conservation districts.

1.4(3) Mining bureau. This bureau provides for the reclamation and conservation of land affected by surface mining. The bureau carries out coal regulatory and abandoned mined land programs and also regulates limestone and gypsum quarries, sand and gravel pits, and other mineral extraction operations.

1.4(4) Water resources bureau. This bureau coordinates water resource programs, including agricultural drainage well closures, watershed project development, and the conservation reserve enhancement program. The bureau also provides technical support on wetland issues, nutrient management, and other division programs.

Pursuant to the authority of Iowa Code sections 159.5(11), 163.1, and 2001 Iowa Acts, Senate File 209, the Department of Agriculture and Land Stewardship gives Notice of Intended Action to amend Chapter 64, “Infectious and Contagious Diseases,” Iowa Administrative Code.

These amendments are intended to implement 2001 Iowa Acts, Senate File 209, which directs the Department to adopt administrative rules implementing statutory changes relating to paratuberculosis control. The statutory changes include the mandatory permanent identification of infected cattle; restrictions on movements of infected cattle and handling of infected cattle by concentration points; and adopting methods and procedures to determine whether cattle are infected.

General waiver provisions are not included in these amendments because 2001 Iowa Acts, Senate File 209, does not provide the Department general waiver authority of the Senate File’s requirements.

Any interested person may make written suggestions or comments on the proposed amendments prior to 4:30 p.m. on February 26, 2002. Such written material should be directed to Dr. John Schiltz, State Veterinarian, Animal Industry Bureau, Department of Agriculture and Land Stewardship, Wallace State Office Building, Des Moines, Iowa 50319. Comments may also be submitted by fax to (515) 281–4282 or by E–mail to John.Schiltz@idals.state.ia.us.

These amendments are intended to implement 2001 Iowa Acts, Senate File 209, and Iowa Code chapter 163.

The following amendments are proposed.

ITEM 1. Amend rule 21—64.1(163) as follows:

21—64.1(163) Reporting disease. Whenever any person or persons who shall have knowledge of the existence of any infectious or contagious disease, such disease affecting the animals within the state or resulting in exposure thereto, which may prove detrimental to the health of the animals within the state, it shall be the duty of such person or persons to report the same in writing to the Chief State Veterinarian, Division Bureau of Animal Industry, Henry A. Wallace State Office Building, Des Moines, Iowa 50319, who shall then take such action as deemed necessary for the suppression and prevention of such disease. The following named diseases are infectious or contagious and the diagnosis or suspected diagnosis of any of these diseases in animals must be reported promptly to the Iowa department of agriculture and land stewardship by the veterinarian making the diagnosis or suspected diagnosis:

This rule is intended to implement Iowa Code sections 163.1, 163.2, 189A.12, 189A.13 and 197.5.

ITEM 2. Amend 21—Chapter 64 by adopting the following new rules:

21—64.170(165A) Definitions. Definitions used in rules 21—64.170(165A) through 21—64.178(165A) are as follows:

“Accredited veterinarian” means a veterinarian approved by the deputy administrator of veterinary services, Animal and Plant Health Inspection Service (APHIS), United States Department of Agriculture (USDA), and the state veterinarian in accordance with Part 161 of Title 9, Chapter 1 of the Code of Federal Regulations, revised as of January 1, 2000, to perform functions required by cooperative state–federal animal disease control and eradication programs.

“Approved laboratory” means an American Association of Veterinary Laboratory Diagnosticians (AAVLD) accredited laboratory or the National Veterinary Services Laboratory, Ames, Iowa. An approved laboratory must have successfully passed the Johne’s diagnostic proficiency test in the previous year.

“Certificate” means an official document that is issued at the point of origin by a state veterinarian, federal animal health official, or accredited veterinarian and contains information on the individual identification of each animal being moved, the number of animals, the purpose of the movement, the points of origin and destination, the consignor, the consignee, and any other information required by the state veterinarian.

“Designated epidemiologist” means a veterinarian who has demonstrated the knowledge and ability to perform the functions required under these rules and who has been selected by the state veterinarian.

“Individual herd plan” means a written herd management plan that is designed by the herd owner, the owner’s veterinarian, if requested, and a designated epidemiologist to identify and control paratuberculosis in an affected herd. The individual herd plan may include optional testing.

“Paratuberculosis affected animal” means an animal which has reacted positively to an organism–based detection test conducted by an approved laboratory.

“Permit” means an official document for movement of affected or exposed animals that is issued by the state veterinarian, USDA area veterinarian–in–charge, or accredited veterinarian.

“State” means any state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or Guam.

21—64.171(165A) Supervision of the paratuberculosis program. The state veterinarian’s office will provide supervision for the paratuberculosis program.

21—64.172(165A) Official paratuberculosis tests.Organism–based detection tests will be considered as official paratuberculosis tests. These tests include, but are not limited to, Polymerase Chain Reaction (PCR) tests and bacteriological culture.

21—64.173(165A) Vaccination allowed. Vaccination against paratuberculosis is allowed with the permission of the state veterinarian. The herd owner requesting vaccination of the herd must sign and follow a paratuberculosis herd control plan consisting of best management practices designed to prevent the introduction of and control the spread of paratu–berculosis. A risk assessment may be included as part of the herd control plan. The herd owner shall submit animal vaccination reports to the department on forms provided by the department.

21—64.174(165A) Herd plan. The herd owner, the owner’s veterinarian, if requested, and the designated epidemiologist may develop a plan for preventing the introduction of and controlling the spread of paratuberculosis in each affected herd.

21—64.175(165A) Identification and disposal requirements. Affected animals must remain on the premises where they are found until they are permanently identified by applying a C–punch in the right ear of the animal. Affected animals may be moved only for the purpose of consigning the animals to slaughter.

21—64.176(165A) Segregation, cleaning, and disinfecting. Positive animals, consigned to slaughter through a state–federal approved auction market, must be maintained separate and apart from noninfected animals. Positive animals must be the last class of animal sold. Cleaning and disinfection of the alleyways, pen(s) and sale ring used to house positive animals must be accomplished prior to the next scheduled sale. Affected animals entering slaughter marketing channels must be moved directly to the slaughter facility or the slaughter market concentration point. Transportation vehicles used to haul affected animals shall be cleaned and disinfected after such use and before transporting any additional animals.

64.177(1) Animals that are positive to an official paratu–berculosis test may be moved from the farm of origin, for slaughter only, if the animals are moved directly to a recognized slaughtering establishment and accompanied by an owner–shipper statement that identifies the animals as positive to an official paratuberculosis test and the statement is delivered to the consignee. Positive animals shall be identified prior to movement by applying a C–punch in the right ear of the animal.

64.177(2) Animals that are positive to an official paratu–berculosis test may be moved within Iowa for slaughter and consigned to a state–federal approved slaughter market if the animals are accompanied by an owner–shipper statement that identifies the animals as positive to an official paratuberculosis test and the statement is delivered to the consignee. Positive animals shall be identified prior to movement by applying a C–punch in the right ear of the animal.

64.177(3) Animals that are positive to an official paratu–berculosis test may be moved within Iowa for purposes other than slaughter only by permit from the state veterinarian.

64.178(1) Animals that are positive to an official paratu–berculosis test may be imported into Iowa for slaughter if the animals are moved directly to a recognized slaughtering establishment and accompanied by an owner–shipper statement that identifies the animals as positive to an official par–atuberculosis test and the statement is delivered to the consignee. All animals must be officially identified.

64.178(2) Animals that are positive to an official paratu–berculosis test may be imported into Iowa for slaughter and consigned to a state–federal approved slaughter market if the animals are accompanied by an owner–shipper statement that identifies the animals as positive to an official paratuberculosis test and the statement is delivered to the consignee. Positive animals shall be identified at the market, prior to sale, by applying a C–punch in the right ear of the animal.

64.178(3) Animals that are positive to an official paratu–berculosis test may be imported into Iowa for purposes other than slaughter only by permit from the state veterinarian.

These rules are intended to implement Iowa Code Supplement chapter 165A.

Pursuant to the authority of Iowa Code sections 17A.3 and 192.102, the Department of Agriculture and Land Stewardship gives Notice of Intended Action to amend Chapter 68, “Dairy,” Iowa Administrative Code.

This proposed amendment is intended to modify the procedures followed and the penalties applied when antibiotics are found in raw milk offered for sale in commerce.

Any interested person may make written suggestions or comments on the proposed amendment prior to 4:30 p.m. on February 26, 2002. Such written material should be directed to Jake Wakefield, Bureau Chief, Dairy Products Control Bureau, Department of Agriculture and Land Stewardship, Wallace State Office Building, Des Moines, Iowa 50319. Comments may also be submitted by fax to (515)281–8888 or by E–mail to Jake.Wakefield@idals.state.ia.us.

This amendment is intended to implement Iowa Code chapters 159 and 192.

The following amendment is proposed.

Amend rule 21—68.36(192) as follows:

68.36(1) The dairy industry shall screen all Grade A and Grade B farm bulk milk pickup tankers and farm can milk loads for beta lactam drug residues or other residues as designated by the department. A sampling method shall be used with can milk loads to ensure that the sample includes raw milk from every milk can on the vehicle.

68.36(2) When loads are found to contain drugs or other inhibitors at levels exceeding federal Food and Drug Administration established “safety levels,” the department’s dairy products control bureau shall be notified immediately of the results and of the ultimate disposition of the raw milk. Disposition shall be in a manner approved by the bureau. The producer samples from the violative load shall be tested for trace back to the farm violative producer. The primary responsibility for traceback shall be that of the initial purchaser of the raw milk.

68.36(3) Further In every antibiotic incident, pickups of milk from the violative individual producer(s) shall be immediately discontinued and the permit shall be suspended until such time that subsequent testing by a certified industry supervisor establishes that the milk does not exceed safe levels of inhibitory residues. In addition, in every antibiotic incident except when the load is negative and the milk can be used, the violative producer shall pay the purchaser for the contaminated load of milk and the producer will not be paid for the producer’s share of milk on the load.

68.36(4) The dairy products control bureau staff, including the contract inspectors, shall monitor the dairy industry inhibitor load testing activities by making unannounced, on–site inspections to collect load samples and to review the load sampling records. The inspector may also collect load samples for testing in the department’s dairy laboratory.

68.36(5) For the first violative occurrence within a 12– month period, the producer’s permit shall be suspended for two days or an equivalent penalty. If the milk purchaser has in place a penalty equal to or exceeding a two–day suspension, the two–day suspension shall be waived. As used in this subrule, an “equivalent penalty” means a monetary penalty that must be paid by the producer, equaling at least two days of production for the producer a department dairy products inspector shall conduct an investigation.

68.36(6) For the second violative occurrence within a 12– month period, the producer’s permit shall be suspended for four days or an equivalent penalty. If the milk purchaser has in place a penalty equal to or exceeding a four–day suspension, the four–day suspension shall be waived. As used in this subrule, an “equivalent penalty” means a monetary penalty that must be paid by the producer, equaling at least four days of production for the producer a department dairy products inspector shall make an appointment with the producer and a dairy industry representative to meet at the dairy facility within ten working days of the violative occurrence to inspect the drug storage and to determine the cause of the second violation. In addition, the producer shall review the “Milk and Dairy Beef Residue Prevention Protocol” with a veterinarian within 30 days of the violative occurrence. The program certificate shall be signed by the producer and the veterinarian. The producer shall send the dairy products control bureau a copy of the signed certificate within 35 days of the violation. Failure to complete the course or to submit a copy of the certificate to the dairy products control bureau is grounds for suspension or revocation of a violative producer’s permit to sell raw milk.

68.36(7) For the third violative occurrence within a 12– month period, the permit shall be suspended for four days and, in addition, the department shall initiate administrative procedures to revoke the producer’s permit. Upon revocation the producer may reapply for a permit effective at least four days after the effective date of the revocation. However, a Grade A permit holder shall be ineligible for a Grade A permit until the applicant has been selling on the Grade B Class 1 market for at least 60 days. A Grade B permit holder shall be ineligible for a Grade A or Grade B permit until the applicant has been selling on the undergrade Class 3 market for at least 60 days. For purposes of this rule, a producer on the undergrade market shall be paid no more than 90 percent of the Grade B rate the producer shall attend a hearing concerning the third violation at a time, date, and place set by the department. At the hearing, the producer shall explain the history of the violations and steps taken to prevent a repetition of the violation. At the conclusion of the hearing, the department may order the producer to take additional steps to avoid future repetition of the violation. Failure of the producer to abide by the conditions set by the department is grounds for the department to initiate an action to suspend or revoke the producer’s permit to sell raw milk.

68.36(8) Rescinded IAB 11/3/99, effective 12/8/99. In every antibiotic incident of a noncommingled load of milk where there is only one producer on the load, the load shall be discarded and the producer shall pay for the disposition of the load and for the cost of hauling. In addition, the producer and employee(s) shall review the “Milk and Dairy Beef Residue Prevention Protocol” with a veterinarian within 30 days, and the protocol certificate shall be signed by the veterinarian, the producer and the employee(s). The certificate shall be received by the dairy products control bureau within 35 days of the violative occurrence or the permit will be suspended until the certificate is received.

68.36(9) When the antibiotic tests show that a load is nonviolative, but routine regulatory producer sampling shows finds that a producer on the load is violative, the permit shall be suspended until subsequent testing establishes that the milk does not exceed safe levels of inhibitory residues. The first or second monetary penalty within a 12–month period shall be waived. In case of a third violation within a 12– month period, the permit shall be suspended and revocation procedures shall be initiated as provided in subrule 68.36(7).

68.36(10) Each violative occurrence within a 12–month period, including a violative producer found on a nonviolative load, shall count as a first, second, third or fourth violation against the producer. The permit shall be reinstated to a temporary status after subsequent testing shows no inhibitor residues. With each violation, the Milk and Dairy Beef Residue Prevention Protocol program shall be administered by the veterinarian to the producer, with the program certificate being signed by both. Failure to obtain the program certificate within 30 days and failure to mail or fax a copy to the dairy products control bureau office within 35 days from the date of the producer notice will result in the permit suspension of both the Grade A and Grade B producer to the Class 3 manufacturing undergrade status with the respective lowered milk price.

68.36(11) Records shall be kept by the industry at each receiving or transfer station of all incoming farm pickup loads of raw milk. The records shall be retained for a period of at least 12 months.

a. The records shall include the following information:

(1) Name of the organization;

(2) Name of test(s) used;

(3) Controls, positive and negative;

(4) Date of test(s);

(5) Time the test was performed;

(6) Temperature of the milk in the tanker at the time of sampling;

(7) Identification of the load;

(8) Pounds of milk on the load;

(9) Initials of the person filling out the record.

b. When the load is violative, the records shall also include the following:

(1) Names of the producers on the load;

(2) Identification of the violative producer(s);

(3) The first name of the dairy products control bureau office person telephoned;

(4) Location of disposition of the violative load;

(5) The number of pounds of milk belonging to each producer.

68.36(12) No change.

This rule is intended to implement Iowa Code chapter 192.

Pursuant to 361—subrule 12.2(1), Iowa Administrative Code, the Executive Council gives Notice that the Civil Reparations Trust Fund balance as of December 31, 2001, is approximately $1,709.00. Money in the Civil Reparations Trust Fund is available for use for indigent civil litigation programs or insurance assistance programs. Application forms are available in the office of the State Treasurer by contacting GeorgAnna Madsen, Executive Secretary, State Capitol Room 114, Des Moines, Iowa 50319; telephone (515)281–5368. Applications must be filed on the thirtieth day after the date of publication of this Notice in the Iowa Administrative Bulletin, or on the thirtieth day after the date affixed to the Notice sent by first–class mail, whichever is later. Any person/company that would like to receive future notices should make request in writing to the above–mentioned contact. Rules regarding the Civil Reparations Trust Fund can be found at 361 IAC Chapter 12.

Pursuant to the authority of Iowa Code sections 261.3, 261.22, and 261.37(5), the College Student Aid Commission proposes to amend Chapter 13, “Iowa Vocational–Technical Tuition Grant Program,” Iowa Administrative Code.

The proposed amendment reflects a new definition of “financial need” and is intended to implement a recommendation enacted at the January 10, 2002, meeting of the Commission. The amendment will provide a means for improving the method of distributing Iowa Vocational–Technical Tuition Grants, directing a larger share of the funding to those not receiving Pell Grant assistance. The amendment also will increase the amount of financial aid used to fund direct education expenses and reduce the amount of Pell Grant refunds.

Interested persons may submit comments orally or in writing to the Executive Director, College Student Aid Commission, 200 Tenth Street, Fourth Floor, Des Moines, Iowa 50309; telephone (515)242–3341, by 4:30 p.m. on February 26, 2002.

This amendment is intended to implement Iowa Code section 261.17.

The following amendment is proposed.

Amend subrule 13.1(1), paragraph “a,” as follows:

a. Financial need is defined as the difference between the estimated amount of the family resources available for college expenses federal Pell Grant for which the student qualifies and the total costs direct expenses (tuition, fees, and books and supplies) at the institution the student plans to attend.

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

The proposed rules set forth procedures for issuing a teacher intern license and the procedures for converting the teacher intern license to an initial license. The teacher intern program allows an individual who possesses a baccalaureate degree and who meets other prescribed requirements an opportunity to become the teacher of record in a high school. The teacher intern license is valid for one year and is not renewable. A local school district must provide an offer of employment to the teacher intern. A college or university can offer a teacher intern program that has been approved by the state board of education. After completion of the teacher internship year, the teacher intern is eligible for an initial license if the teacher intern has successfully completed the prescribed requirements set forth in the rules.

The proposed rules were developed as a result of statewide stakeholders who participated in two board–sponsored conferences, a comprehensive review of national alternative and internship programs, and research data regarding the successful alternative programs in the nation.

These proposed rules replace the board’s current alternative preparation license rule and the rule that allows an individual from out of state who has been alternatively prepared to possess Iowa licensure.

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

Any interested party or persons may present their views orally or in writing at the public hearings to be held on the following dates and sites:

Tuesday, March 5, 2002, from 4 to 5 p.m.:

• AEA 12, Room B, 1520 Morningside Avenue, Sioux City

• Grimes State Office Building, Room 3 North, 400 East 14th Street, Des Moines

Wednesday, March 6, 2002, from 4 to 5 p.m.:

• AEA 1, Room 1 ABC, 2300 Chaney Road, Dubuque

• AEA 13, Halverson Conference Room, Halverson Center for Education, 24997 Hwy 92, Council Bluffs

Thursday, March 7, 2002, from 4 to 5 p.m.:

• AEA 10, Board Room, 4401 6th St. SW, Cedar Rapids

• Iowa Wesleyan College, Social Hall, Student Union, 601 North Main, Mount Pleasant

At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendment. Persons who wish to make oral presentations at the public hearing may contact the Executive Director, Board of Educational Examiners, Grimes State Office Building, 400 East 14th Street, Des Moines, Iowa 50319, or at (515)281–5849 prior to the date of the public hearing.

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

Any interested person may make written comments or suggestions on the proposed amendment before 4:30 p.m. on Friday, March 15, 2002. Written comments and suggestions should be addressed to Dr. Anne E. Kruse, Executive Director, Board of Educational Examiners, at the above address or faxed to (515)281–7669, or E–mailed to anne.kruse@ed. state.ia.us.

This amendment is intended to implement Iowa Code chapter 272.

The following amendment is proposed.

Rescind rule 282—14.129(272) and adopt the following new rules in lieu thereof:

14.129(1) Authorization. The teacher intern is authorized to teach in a high school, grades 9 to 12.

14.129(2) The term of the teacher intern license will be one year from the date of issuance. The fee for the teacher intern license will be $100. This license is nonrenewable.

14.129(3) A teacher intern license shall be issued upon application provided that the following requirements have been met. The applicant shall:

a. Hold a baccalaureate degree with a minimum cumulative grade point average of 2.50 on a 4.0 scale from a regionally accredited institution.

b. Meet the requirements of at least one of theboard’s secondary (7–12) teaching endorsements listed in 14.141(272).

c. Possess a minimum of three years of postbaccalaureate work experience. An authorized official at a college or university with an approved teacher intern program will evaluate this experience.

d. Successfully complete the introductory teacher intern program approved by the state board of education.

14.129(4) Local school district requirements. The local school district shall:

a. Provide an offer of employment to an individual who has been evaluated by a college or university for eligibility in the teacher intern program. Employment shall begin with the fall academic year.

b. Participate in a state–approved mentoring and induction program.

c. Provide a district mentor for the teacher intern.

d. Provide other support and supervision, as needed, to maximize the opportunity for the teacher intern to succeed.

e. Not unnecessarily overload the teacher intern with extracurricular duties not directly related to the teacher intern’s teaching assignment.

f. Provide evidence to the board from a licensed evaluator that the teacher intern is participating in a mentoring and induction program.

g. At the board’s request, provide information including, but not limited to, the teacher intern selection and preparation program, institutional support, local school district mentor, and local school district support.

14.129(5) Program requirements. The teacher intern shall:

a. Complete the teacher intern introductory program to include the following:

(1) Learning environment/classroom management. The intern uses an understanding of individual and group motivation and behavior to create a learning environment that encourages positive social interaction, active engagement in learning, and self–motivation.

(2) Instructional planning. The intern plans instruction based upon knowledge of subject matter, students, the community, curriculum goals, and state curriculum models.

(3) Instructional strategies. The intern understands and uses a variety of instructional strategies to encourage students’ development of critical thinking, problem solving, and performance skills.

(4) Student learning. The intern understands how students learn and develop and provides learning opportunities that support intellectual, career, social, and personal development.

(5) Diverse learners. The intern understands how students differ in their approaches to learning and creates instructional opportunities that are equitable and are adaptable to diverse learners.

(6) Collaboration, ethics and relationships. The intern fosters relationships with parents, school colleagues, and organizations in the larger community to support students’ learning and development.

(7) Assessment. The intern understands and uses formal and informal assessment strategies to evaluate the continuous intellectual, social, and physical development of the learner.

(8) Field experience that provides opportunities for interaction with students.

b. Complete four semester hours of a teacher intern seminar during the teacher internship year to include support and extension of coursework from the teacher intern introductory program.

c. Complete a concluding teacher intern program in the following areas:

(1) Foundations, reflection, and professional development. The intern continually evaluates the effects of the practitioner’s choices and actions on students, parents, and other professionals in the learning community and actively seeks out opportunities to grow professionally.

(2) Communication. The intern uses knowledge of effective verbal, nonverbal, and media communication techniques, and other forms of symbolic representation, to foster active inquiry and collaboration and to support interaction in the classroom.

(3) Exceptional learner program, which must include preparation that contributes to the education of individuals with disabilities and the gifted and talented.

(4) Preparation in the integration of reading strategies into the content area.

(5) Computer technology related to instruction.

(6) An advanced study of the items set forth in 14.129(5)“a”(1) to (7) above.

14.129(6) Requirements to convert the teacher intern license to the initial license. An initial license shall be issued upon application provided that the teacher intern has met all of the following requirements:

a. Successful completion of the entire teacher intern program approved by the state board of education.

b. Verification from a licensed evaluator that the teacher intern served successfully for a minimum of 160 days.

c. Verification from a licensed evaluator that the teacher intern is participating in a state–approved mentoring and induction program.

d. Receive a recommendation by a college or university offering an approved teacher intern program that the individual is eligible for an initial license.

e. At the board’s request, the teacher intern shall provide to the board information including, but not limited to, the teacher intern selection and preparation program, institutional support, local school district mentor, and local school district support.

The teacher intern year will count as one of the years that is needed for the teacher intern to convert the initial license to the standard license if the above conditions have been met.

282—14.130(272) Requirements for an alternative preparation license for out–of–state candidates. Following are the basic requirements for the issuance of a teaching license based on an alternative preparation program with an endorsement for persons prepared in states other than Iowa. The person shall:

14.130(1) Hold a baccalaureate degree with a minimum cumulative grade point average of 2.50 on a 4.0 scale from a regionally accredited institution.

14.130(2) Provide a valid out–of–state teaching license based on a state–approved alternative preparation program.

14.130(3) Provide a recommendation from a regionally accredited institution, department of education, or a state’s standards board indicating the completion of an approved alternative teacher preparation program.

14.130(4) Provide official institutional transcript(s) to be analyzed for the requirements necessary for full Iowa licensure based on 14.129(5)“a”(1) to (7) and 14.129(5)“c”(1) to (5).

14.130(5) Verify three years of teaching experience, which will waive the student teaching requirement.

The alternative preparation license is valid for two years and may be renewed under certain prescribed conditions for an initial license listed in 282—17.8(272).

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 17, “Open Enrollment,” Iowa Administrative Code.

These amendments are being proposed to update the athletic rules and to make enforcement uniform for all male and female athletes.

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

Any interested person may submit oral or written suggestions or comments on or before February 27, 2002, by addressing them to Carol Greta, Legal Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319–0146, telephone (515)281–5295.

There will be a public hearing on February 27, 2002, at9 a.m. in the State Board Room, Grimes State Office Building, Des Moines, Iowa, at which persons may present their views orally or in writing.

These amendments are intended to implement Iowa Code sections 280.13 and 290.1.

The following amendments are proposed.

ITEM 1. Amend subrule 17.8(2), first sentence, as follows:

17.8(2) Restrictions on participation in interscholastic athletic contests and competitions. A pupil who transfers school districts under open enrollment in any of the grades 10 through 12 shall not be eligible to participate in varsity interscholastic contests and competitions during the first 90 school days of transfer.

ITEM 2. Amend subrule 17.8(2), paragraphs “e” and “f,” as follows:

e. Has been participating in open enrollment and whose parents/guardians move out of their district of residence but exercise the option of maintaining the open enrollment agreement as provided in subrule 17.8(6) except that the period of 90 school days of ineligibility shall apply to a student who open enrolls to another school district. If the pupil has established athletic eligibility under open enrollment, it is continued despite the parent’s or guardian’s change in residence.

f. Obtains open enrollment as provided in subrule 17.8(7) except that the period of 90 school days of ineligibility shall apply to a student who open enrolls to another school district.

ITEM 3. Rescind subrule 17.8(2), paragraph “j.”

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 36, “Extracurricular Interscholastic Competition,” Iowa Administrative Code.

These amendments are being proposed to update and to make uniform the enforcement of the athletic rules for all male and female athletes.

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

Any interested person may submit oral or written suggestions or comments on or before February 27, 2002, by addressing them to Carol Greta, Legal Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319–0146, telephone (515)281–5295.

There will be a public hearing on February 27, 2002, at10 a.m. in the State Board Room, Grimes State Office Building, Des Moines, Iowa, at which persons may present their views orally or in writing.

These amendments are intended to implement Iowa Code sections 280.13, 282.18, and 290.1.

The following amendments are proposed.

ITEM 1. Amend rule 281—36.1(280), definitions of “associate member school,” “member school,” “parent” and “student,” as follows:

“Associate member school” means a nonaccredited nonpublic school that has been granted associate member status by any corporation, association, or organization registered with the state department of education pursuant to Iowa Code section 280.13, upon approval by the department based upon proof of compliance with:

1. Iowa Code section 279.19B, and rules adopted by the department of education related to the qualifications of the affected teaching staff, and

2. The student eligibility rules of this chapter.

“Member school”,” for purposes of this chapter, means a public school that has been granted accreditation from thedepartment or accredited nonpublic school that has been granted such status by any corporation, association, or organization registered with the state department of education pursuant to Iowa Code section 280.13.

“Parent” means the natural or adoptive parent or guardian having actual bona fide custody of a student.

“Student” means a person under 20 years of age enrolled in grades 9 through 12. For purposes of these rules, ninth grade begins with the summer immediately following eighth grade. The rules contained herein shall apply uniformly to all students.

ITEM 2. Amend subrule 36.14(2) as follows:

36.14(2) Sportsmanship. It is the clear obligation of contestants and coaches in all interscholastic competitions to practice the highest principles of sportsmanship and ethics of competition. The governing organization shall have authority to penalize any contestant or coach in violation of this obligation.

ITEM 3. Rescind subrule 36.14(3) and adopt the following new subrule in lieu thereof:

36.14(3) Awards.

a. Awards from the student’s school. A student will be permitted to receive only the customary ribbon or medal for participation in an interscholastic athletic contest. A student will be allowed to receive from the student’s school, for participation in the interscholastic athletic program, an award whose value cannot exceed $25. Nothing in this subrule shall preclude or prevent the awarding and the acceptance of an inexpensive, unmounted, unframed paper certificate of recognition as an award, or an inexpensive table favor which is given to everyone attending a banquet.

b. Awards for participation in school programs from other than the student’s school. No student shall receive any award from an individual or outside organization for high school participation while enrolled in high school, except that nothing in this subrule shall preclude the giving of a complimentary dinner by local individuals, organizations, or groups, with approval of the superintendent, to members of the local high school athletic squad. No student shall accept any trip or excursion of any kind by any individual, organization, or group outside the student’s own school or the governing organization, with the exception of bona fide recruiting trips that meet NCAA requirements.

c. Awards for participation in nonschool programs. If a student participates in an outside school activity during the school year, the student may not receive any award the value of which exceeds $25. During the summer months, a student may enter an event in any sport as an individual or as a member of a team not representing the student’s school, subject to subrule 36.15(6). If the student wins an award, the student may accept the award provided it does not violate the amateur award rule of the amateur sanctioning body for that sport.

d. Absolute prohibition on cash or cash equivalent. At no time may any student accept an award of cash or cash equivalent.

e. Compliance. The superintendent or designee shall be held responsible for compliance with this subrule. Questions or interpretation regarding medals or awards shall be referred to the executive board.

ITEM 4. Amend subrule 36.14(7) as follows:

36.14(7) Ineligible player participation. Schools who Member or associate member schools that permit or allow participation in any event by a person in violation of the eligibility rules shall be subject to sanctions the executive board may, in the best interests of interscholastic competition, impose, including forfeiture of contests. The sanctions may include, but are not limited to, the following: forfeiture of contests or events or both, involving any ineligible student(s); adjustment or relinquishment of conference/district/tournament standings; and return of team awards or individual awards or both.

ITEM 5. Amend subrule 36.15(2), paragraph “h,” as follows:

h. A student who is eligible at the close of a semester is academically eligible until the beginning of the subsequent semester. Twenty days of attendance in any semester, or participation in any part of an athletic contest on a team representing the student’s school, shall be regarded as a semester of attendance and a semester of athletics.

ITEM 6. Rescind subrule 36.15(2), paragraph “j,” and reletter paragraph “k” as “j.”

ITEM 7. Amend subrule 36.15(3) as follows:

36.15(3) General transfer rule. A student who transfers from one school district to another school district, except upon a contemporaneous change in parental residence, shall be ineligible to compete in interscholastic athletics for a period of 90 consecutive school days, as defined in 281—12.2(2) 281—subrule 12.1(8), exclusive of summer enrollment, unless one of the following exceptions to the general transfer rule listed in paragraph 36.15(3)“a” applies. Nothing in this subrule shall prevent a student from participation in nonvarsity interscholastic athletics. In ruling upon the eligibility of transfer students, the executive board shall consider the factors motivating student changes in residency. Unless otherwise provided in these rules, a student intending to establish residency must show that the student is physically present in the district for the purpose of making a home and not solely for school or athletic purposes.

b a. Exceptions. The executive officer or executive board is empowered to shall consider and apply the following exceptions in formally or informally ruling upon the eligibility of a transfer student and may make eligibility contingent upon proof that the student has been in attendance in the new school for at least ten days:

(1) (2) If the student is attending in a school district as a result of a whole–grade sharing agreement between the student’s resident district and the new school district of attendance, the student is immediately eligible.

(2) (3) A student who has attended high school in a district other than where the student’s parent(s) resides, and who subsequently returns to live with the student’s parent(s), becomes immediately eligible in the parent’s resident district.

(3) (4) Pursuant to Iowa Code section 256.46, a student whose residence changes due to any of the following circumstances is immediately eligible provided the student meets all other eligibility requirements in these rules and those set by the school of attendance:

1. Adoption.

2. Placement in foster or shelter care.

3. Participation in a foreign exchange program recognized by the school of attendance.

4. Placement in a juvenile correction facility.

5. Participation in a substance abuse program.

6. Participation in a mental health program.

7. Court decree that the student is a ward of the state or of the court.

8. The child is living with one of the child’s parents as a result of divorce decree, separation, death, or other change in the child’s parents’ marital relationship.

(5) A transfer student who attends in a school or school district that is a party to a cooperative student participation agreement, as defined in rule 36.20(280), with the school or school district the student previously attended is immediately eligible in the new district to compete in those interscholastic athletic activities covered by the cooperative agreement.

(6) Any student whose parents change district of residence but who remains in the original district without interruption in attendance continues to be eligible in the school or school district of attendance.

(7) A special education student whose attendance center changes due to a change in placement agreed to by the district of residence is eligible in either the resident district or the district of attendance, but not both.

(8) In any transfer situation not provided for elsewhere in this chapter, the executive board shall be empowered to exercise its administrative authority to make any eligibility ruling which it deems to be fair and reasonable. The executive board shall consider the motivating factors for the student transfer. The determination shall be made in writing with the reasons for the determination clearly delineated.

c. A student who participates in the name of a member or associate member school during the summer following eighth grade is ineligible to participate in the name of another member or associate member school in the first semester 90 consecutive school days of ninth grade unless a change of residence has occurred after the student began participating in the summer.

ITEM 8. Amend subrule 36.15(4), introductory paragraph, as follows:

36.15(4) Open enrollment transfer rule. A student in grades 10 through 12 whose transfer of schools had occurred due to a request for open enrollment by the student’s parent or guardian is ineligible to compete in varsity interscholastic athletics, but may practice with the team, during the first 90 school days of transfer. However, if an open enrollment student participates in the name of a member school during the summer, the student is ineligible to participate in the name of another member school for the first 90 school days of the following school year; however, nothing in this subrule shall be construed as preventing an otherwise eligible student from participating in nonvarsity interscholastic athletics. This period of ineligibility does not apply if the student:

ITEM 9. Amend subrule 36.15(5) as follows:

36.15(5) Transfers between public and nonpublic schools Eligibility for other enrollment options.

a. Shared–time students. A nonpublic school student who is enrolled only part–time in the public school district of the student’s residence under a “shared–time” provision or for driver education is not eligible to compete in interscholastic athletics in the public school district.

b. Dual enrollment. A student of compulsory attendance age who receives competent private instruction, not in an accredited nonpublic or public school, may seek dual enrollment in the public school of the student’s resident district and is eligible to compete in interscholastic athletic competition in the resident school district provided the student meets the eligibility requirements of these rules and those set by the public school of attendance. A student beyond compulsory attendance age who is receiving competent private instruction is only eligible to compete in interscholastic athletics if the student is accepted for dual enrollment by the resident district and otherwise meets all eligibility requirements.

If a student seeking such dual enrollment is enrolled in a nonaccredited nonpublic school that is an associate member school of the Iowa Girls’ High School Athletic Union or Iowa High School Athletic Association, the student is eligible for and may participate in interscholastic athletic competition only for the associate member school or a school with which the associate member school is in a cooperative sharing agreement. (Eligibility in such case is governed by 281 IAC 36.1(280).)

Any ineligibility imposed under this chapter shall begin with the first day of participation under dual enrollment.

d c. Competent private instruction. A student who receives competent private instruction, and is not dual–enrolled in a public school, may participate in and be eligible for interscholastic athletics at an accredited nonpublic school if the student is accepted by that school and the student meets the eligibility requirements of this chapter and those set by the accredited nonpublic school where the student participates. Application shall be made to the accredited nonpublic school on a form provided by the department of education.

If a student seeking such participation is enrolled in a nonaccredited nonpublic school that is an associate member school of the Iowa Girls’ High School Athletic Union or Iowa High School Athletic Association, the student is eligible for and may participate in interscholastic athletic competition only for the associate member school or a school with which the associate member school is in a cooperative sharing agreement. (Eligibility in such case is governed by 281 IAC 36.1(280).)

Any ineligibility imposed under this chapter shall begin with the first day of acceptance by participation with the accredited nonpublic school.

ITEM 10. Amend subrule 36.15(6) as follows:

36.15(6) Summer camps and clinics and coaching contacts out of season.

a. School personnel, whether employed or volunteers, of a member or associate member school shall not coach that school’s student athletes during the school year in a sport for which the school personnel are currently under contract or are volunteers, outside the period from the official first day of practice through the finals of tournament play. A summer team or individual camp or clinic held at a member or associate member school facility shall not conflict with sports in season. Summertime coaching activities shall not conflict with sports in season. Nor shall volunteer or compensated coaching personnel require students to participate in any activities outside the season of that coach’s sport as a condition of participation in the coach’s sport during its season.

a c. A member or associate member school may open its gym or athletic facilities for the purpose of making recreational activities available for all students or the community. When students are participating in open gym in the hours immediately before or after school, school personnel shall be assigned to supervise. Open gyms are subject to the following restrictions:

(1) The supervisor shall not engage in any type of coaching nor participate during supervision.

(2) Attendance by students is voluntary.

(3) Volunteer or paid coaches may not directly or indirectly require the attendance of students or require the performance of activities by students prior to the legal practice period for that coach’s sport.

(4) Open gym shall not be called or posted for specific sports.

(5) An open gym notice shall be posted on the general student information bulletin board and shall be signed or initialed by a school administrator other than the coach supervising the open gym.

b d. Penalty. A school whose volunteer or compensated coaching personnel violate this rule is ineligible to participate in a governing organization–sponsored event in that sport for one year with the violator(s) coaching.

ITEM 11. Amend rule 281—36.17(280) as follows:

281—36.17(280) Appeals to director. If the claimant is still dissatisfied, an appeal may be made in writing to the director of education by giving written notice of the appeal to the state director of education with a copy by registered mail to the executive officer of the governing organization. An appeal shall be filed within 10 days after the date of mailing of the decision of the governing organization. An appeal shall be in the form of an affidavit and shall be filed within 10 days after the date of mailing of the decision of the governing organization. The director of education shall establish a date for hearing within 20 days of receipt of written notice of appeal by giving at least 5 days’ written notice of hearing to appellant unless another time is mutually agreeable. The procedures for hearing adopted by the state board of education and found at 281—Chapter 6 shall be applicable, except that the decision of the director is final. Appeals to the executive board and the state director are not contested cases under Iowa Code subsection 17A.2(2).

ITEM 12. Amend subrules 36.18(5), 36.18(6), 36.18(8), and 36.18(10) as follows:

36.18(5) “All–star” contests. A student enrolled in a high school member or associate member school will be ineligible for 12 calendar months in the sport in which the violation occurred if the student participates in an all–star contest.

36.18(6) Team participation. Participation in interscholastic contests or competitions shall be by school teams only and not selected individuals, with the exception of individual sports events such as wrestling, track, cross country, golf, tennis, and music and speech activities.

36.18(8) Promoting interstate contests. No activity organization shall promote or support sponsor interstate contests or competition between individuals, teams or groups.

36.18(10) Membership. Membership in an organization shall be limited to schools accredited by the department as provided in Iowa Code section 256.11 or approved by the department solely for purposes of associate membership in a registered organization.

ITEM 13. Amend rule 281—36.19(280), second unnumbered paragraph, as follows:

In the event that one or more parties involved in the request for determination before the governing board are dissatisfied with the decision of the governing board, an appeal may be made by the dissatisfied party to the state board of education director of the department under the provisions of 36.17(280). A decision of the state board director in the matter shall be final.

ITEM 14. Amend rule 281—36.20(280), introductory paragraph, as follows:

281—36.20(280)* Cooperative student participation. Not withstanding any other provision of this chapter, in the event a member or associate member school does not directly make participation in an interscholastic activity available to its students, the governing board of the member or associate member school may, by formally adopted policy if among its own attendance centers, or by written agreement with the governing board of another member or associate member school or schools, provide for the eligibility of its students in interscholastic activities provided by another member or associate member school or schools. The eligibility of students under a policy, insofar as applicable, or a written agreement is conditioned upon the following:

*See last paragraph of this rule.

ITEM 15. Rescind subrule 36.20(2) and renumber subrules 36.20(3) to 36.20(8) as 36.20(2) to 36.20(7).

ITEM 16. Amend renumbered subrule 36.20(7) as follows:

36.20(7) Interscholastic competition is engaged in only under the name of the host school. It is the purpose of this rule to allow individual students participation in interscholastic competition in activities not available to them at the school they attend, through local policy or arrangements made between the governing boards of the schools involved, so long as the interscholastic activities of other schools are not substantially prejudiced. Substantial prejudice shall include, but not necessarily be limited to, situations where a cooperative effort may result in an unfair domination of an activity, or substantial disruption of activity classifications and management. In the event an activity organization determines, after investigation, that an agreement between schools developed under the terms of these subrules results in substantial prejudice to other schools engaged in the activity, or the terms of the agreement are not in conformity with the purpose and terms of this rule, the activity organization may give timely notice to the schools involved that the local policy or agreement between them is null and void for the purposes of this rule, insofar as cooperative student participation is concerned with a particular activity. Determinations are appealable to the director of education under the applicable terms of 36.17(280). For notice to be timely, it must be given at least 45 days prior to the beginning of the activity season.

This rule shall become effective on January 8, 1986. However, prior written agreements in existence at the time of this rule’s adoption shall continue in force and effect until terminated by the parties or by the terms of the existing agreement.

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 37, “Extracurricular Athletic Activity Conferences for Public School Districts and Accredited Nonpublic Schools,” Iowa Administrative Code.

These amendments are being proposed to update the athletic rules and to make enforcement uniform for all male and female athletes.

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

Any interested person may submit oral or written suggestions or comments on or before February 27, 2002, by addressing them to Carol Greta, Legal Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319–0146, telephone (515)281–5295.

There will be a public hearing on February 27, 2002, at 11 a.m. in the State Board Room, Grimes State Office Building, Des Moines, Iowa, at which persons may present their views orally or in writing.

These amendments are intended to implement Iowa Code sections 280.13 and 290.1.

The following amendments are proposed.

ITEM 1. Amend 281—Chapter 37, title, as follows:

CHAPTER 37
EXTRACURRICULAR ATHLETIC ACTIVITY
CONFERENCES FOR PUBLIC SCHOOL DISTRICTS
AND ACCREDITED NONPUBLIC CONFERENCE
FOR MEMBER SCHOOLS

ITEM 2. Amend rule 281—37.1(280) as follows:

281—37.1(280) Policy and purpose. It is the purpose of this chapter to provide a procedure ensuring that a public school or accredited nonpublic school desiring to be a member of a conference providing extracurricular athletic contests and competitions for students is granted this opportunity. Membership shall be with other schools of comparable size and within reasonable geographic proximity. For purposes of this chapter, member school means a school granted such status by any corporation, association, or organization registered with the state department of education pursuant to Iowa Code section 280.13, and includes associate members.

ITEM 3. Amend rule 281—37.3(280) as follows:

281—37.3(280) Complaint to the director, department of education. A member school or school district that believes it has been unfairly excluded or prevented from obtaining membership in an athletic activity conference that would provide the opportunity for participation of its students in athletic events or contests with students from other member schools or school districts of comparable size and within reasonable geographic proximity may file a complaint stating this concern with the director of the department of education. The complaint shall set forth in a plain and concise manner the reasons the member school or school district believes the director should intervene in conference alignment decisions and the specific relief requested by the member school or school district. The complaint shall be signed by the president of the board of directors of a public school district or a representative of the officials in charge of an accredited nonpublic school. The director or the director’s designee shall, within ten days, acknowledge to the member school or school district receipt of the complaint in writing.

ITEM 4. Amend rule 281—37.4(280) as follows:

281—37.4(280) Mediation. The director of the department of education shall require that the executive director of the Iowa high school athletic association (hereinafter association) and the executive secretary of the Iowa girls high school athletic union (hereinafter union) organizations recognized in 281—Chapter 36, or their designees, form a mediation team to meet with the complainant and representatives of other affected member schools or school districts. If the complaint involves conference alignment for athletic activities represented by only one of the organizations, only that organization shall be involved in the mediation. A copy of all materials filed with the director by the complainant member school or school district shall be provided to the mediation team.

The mediation team shall meet with administrators or board members of schools potentially affected by changes in conference alignment related to the complaint. Schools shall send representatives who have knowledge of the impact of a conference realignment and full authority to respond on behalf of their member school or school district. Factors to be weighed in reaching resolution will include, but not be limited to, school enrollment figures (current and projected), travel distances, comparability of instructional programs, traditional rivalries, number of existing and proposed schools in the conference, and comparability of athletic programs and other school–sponsored programs.

ITEM 5. Amend rule 281—37.5(280) as follows:

281—37.5(280) Resolution or recommendation of the mediation team. If mediation results in resolution of the complaint, no further action shall be necessary on the part of the director, and the implementation of the mediation agreement shall be left with the boards of directors of school districts and the authorities in charge of nonpublic schools. If no resolution is reached within 50 days of the start of the mediation process, the mediation team shall make a recommendation to the director as to the best resolution of the complaint. Copies of this recommendation shall be given to all affected member schools and school districts. The director shall establish a time for a hearing on this recommendation within 45 days of the receipt of the mediation team’s recommendation. The director or director’s designee shall conduct the hearing at which time all affected parties shall be given the opportunity to provide oral or written testimony or submit other evidence. The director or director’s designee shall reserve the right to establish time limits on appearances at the hearing.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby gives Notice of Intended Action to rescind Chapter 77, “Standards for Practitioner Preparation Programs,” Iowa Administrative Code.

The requirements of this chapter were incorporated into Chapter 79, “Standards for Practitioner and Administrator Preparation Programs,” in November 1999.

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

Consideration will be given to all written suggestions or comments on the proposed amendment on or before February 26, 2002. Such written materials should be directed to Sandra Renegar, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319; fax (515)281–7669. Persons who wish to convey their views orally should contact Sandra Renegar by telephone at (515)281–3427.

No public hearing will be held since new Chapter 79 was adopted in November 1999 and public comment was allowed at that time.

This amendment is intended to implement Iowa Code sections 256.7, 256.16 and 272.25(1).

The following amendment is proposed.

Rescind and reserve 281—Chapter 77.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby gives Notice of Intended Action to rescind Chapter 78, “Standards for Graduate Practitioner Preparation Programs,” Iowa Administrative Code.

The requirements of this chapter were incorporated into Chapter 79, “Standards for Practitioner and Administrator Preparation Programs,” in November 1999.

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

Consideration will be given to all written suggestions or comments on the proposed amendment on or before February 26, 2002. Such written materials should be directed to Sandra Renegar, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319; fax (515)281–7669. Persons who wish to convey their views orally should contact Sandra Renegar by telephone at (515)281–3427.

No public hearing will be held since new Chapter 79 was adopted in November 1999 and public comment was allowed at that time.

This amendment is intended to implement Iowa Code sections 256.7, 256.16 and 272.25(1).

The following amendment is proposed.

Rescind and reserve 281—Chapter 78.

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 83, “Beginning Teacher Mentoring and Induction Program,” Iowa Administrative Code.

The proposed amendments broaden the focus of Chapter 83 to include not only beginning teacher mentoring and induction programs but also expectations under the teacher quality program overall.

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

Any interested party may make written suggestions or comments on the proposed amendments on or before March 7, 2002. Written materials should be directed to Jeff Berger, Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319–0146; fax (515) 281–7700. Persons who wish to convey their views orally should contact the Teacher Quality Work Team at (515) 281–3333 or at the Work Team’s offices on the second floor of the Grimes State Office Building.

Persons may also present their views either orally or in writing at one of the following public hearings. 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 amended chapter.

The public hearings will be held over the Iowa Communications Network (ICN) on the dates and at the times and locations that follow:

Any person who intends to attend a public hearing and requires special accommodations for specific needs, such as a sign language interpreter, should contact the Teacher Quality Work Team, (515)281–3333, no later than March 1, 2002.

These amendments are intended to implement Iowa Code Supplement sections 284.3 and 284.5.

The following amendments are proposed.

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

CHAPTER 83
BEGINNING TEACHER MENTORING
AND INDUCTION PROGRAM
TEACHER QUALITY PROGRAM

ITEM 2. Rescind rule 281—83.1(79GA,SF476,HF413) and adopt the following new rule in lieu thereof:

281—83.1(284) Purpose. The goal of the teacher quality program is to enhance the learning, achievement, and performance of all students through the recruitment, support, and retention of quality Iowa teachers. It is expected that each Iowa school district will implement the teacher quality program by July 2003. The program shall contain specific strategies that include a mentoring and induction program for beginning teachers, comprehensive teacher evaluations, and district and building support for professional development that includes best practices aimed at increasing student achievement.

ITEM 3. Amend rule 281—83.3(79GA,SF476,HF413), catchwords, as follows:

ITEM 4. Adopt the following new subrule 83.3(1) and renumber existing subrules 83.3(1) and 83.3(2) as 83.3(2) and 83.3(3):

83.3(1) Purpose. The beginning teacher mentoring and induction program is created to promote excellence in teaching, enhance student achievement, build a supportive environment within school districts, increase the retention of promising beginning teachers, and promote the personal and professional well–being of classroom teachers.

ITEM 5. Adopt new subrule 83.3(4) as follows:

83.3(4) Budget. Funds received by a school district from the beginning teacher mentoring and induction program shall be used for any or all of the following purposes:

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

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

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

ITEM 6. Rescind rule 281—83.4(79GA,SF476,HF413) and adopt the following new rule in lieu thereof:

281—83.4(284) Iowa teaching standards and model criteria. The Iowa teaching standards and supporting model criteria represent a set of knowledge and skills that reflects the best evidence available regarding effective teaching. The purpose of the standards and supporting model criteria is to provide Iowa school districts with a consistent representation of the complexity and the possibilities of quality teaching. The standards shall serve as the basis for comprehensive evaluations of teachers and as a basis for professional development plans. Each standard with suggested model criteria is outlined as follows:

83.4(1) Demonstrates ability to enhance academic performance and support for implementation of the school district’s student achievement goals. The teacher:

a. Provides evidence of student learning to students, families, and staff.

b. Implements strategies supporting student, building, and district goals.

c. Uses student performance data as a guide for decision making.

d. Accepts and demonstrates responsibility for creating a classroom culture that supports the learning of every student.

e. Creates an environment of mutual respect, rapport, and fairness.

f. Participates in and contributes to a school culture that focuses on improved student learning.

83.4(2) Demonstrates competence in content knowledge appropriate to the teaching position. The teacher:

a. Understands and uses key concepts, underlying themes, relationships, and different perspectives related to the content area.

b. Uses knowledge of student development to make learning experiences in the content area meaningful and accessible for every student.

c. Relates ideas and information within and across content areas.

d. Understands and uses instructional strategies that are appropriate to the content area.

83.4(3) Demonstrates competence in planning and preparing for instruction. The teacher:

a. Utilizes student achievement data, local standards, and the district curriculum in planning for instruction.

b. Sets and communicates high expectations for social, behavioral, and academic success of all students.

c. Utilizes students’ developmental needs, backgrounds, and interests in planning for instruction.

d. Selects strategies to engage all students in learning.

e. Uses available resources, including technologies, in the development and sequencing of instruction.

83.4(4) Uses strategies to deliver instruction that meets the multiple learning needs of students. The teacher:

a. Aligns classroom instruction with local standards and district curriculum.

b. Uses research–based instructional strategies that address the full range of cognitive levels.

c. Demonstrates flexibility and responsiveness in adjusting instruction to meet student needs.

d. Engages students in varied experiences that meet diverse needs and promote social, emotional, and academic growth.

e. Connects students’ prior knowledge, life experiences, and interests in the instructional process.

f. Uses available resources, including technologies, in the delivery of instruction.

83.4(5) Uses a variety of methods to monitor student learning. The teacher:

a. Aligns classroom assessment with instruction.

b. Communicates assessment criteria and standards to all students and parents.

c. Understands and uses the results of multiple assessments to guide planning and instruction.

d. Guides students in goal setting and assessing their own learning.

e. Provides substantive, timely, and constructive feedback to students and parents.

f. Works with other staff and building and district leadership in analysis of student progress.

83.4(6) Demonstrates competence in classroom management. The teacher:

a. Creates a learning community that encourages positive social interaction, active engagement, and self–regulation for every student.

b. Establishes, communicates, models, and maintains standards of responsible student behavior.

c. Develops and implements classroom procedures and routines that support high expectations for student learning.

d. Uses instructional time effectively to maximize student achievement.

e. Creates a safe and purposeful learning environment.

83.4(7) Engages in professional growth. The teacher:

a. Demonstrates habits and skills of continuous inquiry and learning.

b. Works collaboratively to improve professional practice and student learning.

c. Applies research, knowledge, and skills from professional development opportunities to improve practice.

d. Establishes and implements professional development plans based upon the teacher’s needs aligned to the Iowa teaching standards and district/building student achievement goals.

83.4(8) Fulfills professional responsibilities established by the school district. The teacher:

a. Adheres to board policies, district procedures, and contractual obligations.

b. Demonstrates professional and ethical conduct as defined by state law and district policy.

c. Contributes to efforts to achieve district and building goals.

d. Fosters an appreciation and respect for diversity.

e. Communicates effectively and accurately.

f. Collaborates with students, families, colleagues, and communities to enhance student learning.

For purposes of comprehensive evaluations for beginning teachers and teachers other than beginning teachers, the school board shall convene the members of the school board and representatives of the faculty, elected by the faculty, to establish criteria based at minimum upon the model criteria contained in this rule or upon locally established criteria. If the parties are unable to reach agreement by July 1 immediately after the school year in which a contract period ends, the model criteria shall become the school district’s criteria.

ITEM 7. Rescind rule 281—83.6(79GA,SF476,HF413).

Pursuant to the authority of Iowa Code section 184.10, the Iowa Egg Council hereby gives Notice of Intended Action to amend Chapter 1, “Organization and Purpose”; rescind Chapter 2, “Rules of Practice,” and adopt a new Chapter 2 with the same title; amend Chapter 3, “Election of Members,” and Chapter 4, “Assessment on Eggs”; and rescind Chapter 5, “Public Records and Fair Information Practices,” Iowa Administrative Code.

The proposed amendments rescind outdated or unnecessary rules and adopt by reference the Uniform Rules.

The Iowa Egg Council proposes these amendments pursuant to Executive Order Number 8 and Iowa Code section 17A.9A. The Egg Council sent written notice to the Iowa Poultry Association and received support for these amendments. The Iowa Department of Agriculture also had input on these rules. The comments received were discussed by the Council and decisions were based on need, clarity, and statutory authority.

Any interested person may make written comments on the proposed amendments on or before February 26, 2002, addressed to Kevin Vinchattle, Iowa Egg Council, 8515 Douglas Avenue, Suite 9, Urbandale, Iowa 50322–2924.

These amendments are intended to implement Iowa Code chapters 184 and 17A.

The following amendments are proposed.

ITEM 1. Amend 301—Chapters 1, 3, and 4 by striking “196A” wherever it appears and inserting in lieu thereof “184”.

ITEM 2. Amend rule 301—1.1(184) as follows:

301—1.1(184) Iowa egg council composition. The Iowa egg council consists of seven members. Each council member must be a natural person who is a producer or an officer, equity owner, or employee of a producer. Two persons shall represent large producers, two persons shall represent medium producers, and three persons shall represent smallproducers. These members are elected according to 301— Chapter 3. The council is responsible for promoting market development for eggs, advancing public relations for the egg industry, and administering the assessment on eggs produced in Iowa imposed in Iowa Code chapter 196A.

This rule is intended to implement Iowa Code section 17A.3.

ITEM 3. Rescind rule 301—Chapter 2 and adopt the following new chapter in lieu thereof:

CHAPTER 2
RULES OF PRACTICE

301—2.1(184) Uniform rules. The Uniform Rules on Contested Case Proceedings, Petitions for Rule Making, Declaratory Orders, Agency Procedure for Rule Making, and Public Records and Fair Information Practices as published in the first volume of the Iowa Administrative Code and adopted by reference by the Iowa Department of Agriculture and Land Stewardship in 21—Chapters 2 to 6, respectively, are hereby adopted by reference, with the following amendments:

“Agency,” “agency name,” and “department” shall mean “the Iowa egg council.”

“Office” and “office address” shall be “Iowa Egg Council, 8515 Douglas Avenue, Suite 9, Urbandale, Iowa 50322– 2924.”

“Designated office” shall mean: “Executive Director’s office.”

“Designated official,” by full title and address shall be: “Executive Director, Iowa Egg Council, 8515 Douglas Avenue, Suite 9, Urbandale, Iowa 50322–2924.”

301—2.2(184) Waiver or variance of rules. The Iowa Department of Agriculture and Land Stewardship rules published in 21—Chapter 8, entitled “Waiver or Variance of Rules,” are incorporated by reference herein, except that the word “council” shall be substituted for the word “department” wherever it appears.

These rules are intended to implement Iowa code chapter 17A.

ITEM 4. Amend rule 301—3.1(184) as follows:

3.1(1) Not later than five months prior to election the appointment of a nominating committee, council members will determine classifications for small, medium, and large production. The most recent Iowa egg council assessment rec–ords for four consecutive and recent quarters will be used to determine number of layer–type chickens for each producer. Producers and numbers of layer–type chickens will be listed from small to large numbers. The council will review the list and equitably determine classifications of small, medium, and large producers. Classifications will be approved by the council.

ITEM 5. Rescind rule 301—3.2(184).

ITEM 6. Amend rule 301—4.2(184) as follows:

4.2(1) The assessment is to be imposed on eggs produced in Iowa, including shell eggs or eggs broken for further processing, but does not include fertile eggs that are incubated, hatched, or used for vaccines.

4.2(2) The assessment is not to be imposed on the sale of hatching eggs which are actually used by the purchaser for hatching. However, the assessment shall be imposed on the sale of hatching eggs which are actually intended for human consumption.

4.2(6 3) An assessment is considered “remitted” within the meaning of Iowa Code section 196A.17 184.13:

a. If mailed, on the date it is postmarked by the United States mail in an envelope addressed to the Iowa egg council at the council office.

b. If not mailed, on the date it is received at the council’s office.

ITEM 7. Rescind Exhibits 1 through 6, inclusive.

ITEM 8. Rescind 301—Chapter 5.

Pursuant to the authority of Iowa Code sections 17A.3, 34A.6, and 34A.22, the Emergency Management Division hereby gives Notice of Intended Action to amend Chapter 10, “Enhanced 911 Telephone Systems,” Iowa Administrative Code.

The Division is amending current rules and the Wireless Enhanced 911 Implementation and Operation Plan to provide more definitive eligible cost guidelines for Public Safety Answering Points and to further clarify the process that the Public Safety Answering Points use to recover these eligible costs from the Wireless E911 Emergency Communications Fund. Additionally, a new subrule is proposed to address how the Division will recover overpayment of funds. Finally, changes are proposed to the administrative hearing process in rule 605—10.15(34A).

Consideration will be given to all written suggestions or comments on the proposed amendments on or before February 26, 2002. Such written materials should be sent to the E911 Program Manager, Emergency Management Division, Hoover State Office Building, Des Moines, Iowa, 50319; fax (515)281–7539.

Also, there will be a public hearing on March 6, 2002, at 1 p.m. in the Emergency Management Division Conference Room in the 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 amendments.

Any persons who intend to attend the public hearing and have special requirements such as those related to hearing or mobility impairments should contact the Emergency Management Division and advise of specific needs.

These amendments are intended to implement Iowa Code chapter 34A.

The following amendments are proposed.

ITEM 1. Amend subrule 10.7(2) as follows:

10.7(2) Adoption by reference. The “Wireless Enhanced 911 Implementation and Operation Plan,” effective February 1, 2000, and available from the Emergency Management Division, Hoover State Office Building, Des Moines, Iowa, or at the Law Library in the Capitol Building, Des Moines, Iowa, is hereby adopted by reference with the following changes effective May 8, 2002: Section F, provide further clarification of eligible costs for public safety answering points and the Iowa department of public safety; Section G, provide further specification on the surplus payment process for local E911 service boards and the Iowa department of public safety; Attachment A, ensure that the application for surplus payments contains the language contained in Section G.

ITEM 2. Amend subrule 10.9(8) as follows:

10.9(8) The department of public safety or a joint E911 service board, to receive funds from the E911 emergency communications funds, must shall submit a an annual written request for such funds to the E911 program manager in a form as approved by the E911 program manager. This approved application form is contained in the “Wireless Enhanced 911 Implementation and Operation Plan.” This application form is due on May 15 or the next business day.

ITEM 3. Amend rule 605—10.9(34A) by adopting the following new subrule:

10.9(11) If it is found that an overpayment has been made to an entity, the E911 program manager shall attempt recovery of the debt from the entity by certified letter. Due diligence shall be documented and retained at the emergency management division. If resolution of the debt does not occur and the debt is at least $50, the emergency management division will then utilize the income offset program through the department of revenue and finance. Until resolution of the debt has occurred, the emergency management division may withhold future payments to the entity.

ITEM 4. Amend subrules 10.15(2) to 10.15(6) as follows:

10.15(2) Request for a hearing shall be made in writing to the E911 program manager emergency management division administration bureau chief within 30 days of the administrator’s E911 program manager’s mailing or serving a decision and shall state the reason(s) for the request and shall be signed by the appropriate authority.

10.15(3) The E911 program manager administration bureau chief shall schedule a hearing within ten working days of receipt of the request for hearing. The E911 program manager administration bureau chief shall preside over the hearing at which time the appellant may present any evidence, documentation, or other information regarding the matter in dispute.

10.15(4) The E911 program manager administration bureau chief shall issue a ruling regarding the matter within 20 working days of the hearing.

10.15(5) Any party adversely affected by the E911 program manager’s administration bureau chief’s ruling may file a written request for a rehearing within 20 days of issuance of the ruling. A rehearing will be conducted only when additional evidence is available, the evidence is material to the case, and good cause existed for the failure to pre–sent the evidence at the initial hearing. The E911 program manager administration bureau chief will schedule a hearing within 20 days after the receipt of the written request. The E911 program manager administration bureau chief shall issue a ruling regarding the matter within 20 working days of the hearing.

10.15(6) Any party adversely affected by the E911 program manager’s administration bureau chief’s ruling may file a written appeal to the administrator of the emergency management division. The appeal request shall contain information identifying the appealing party, the ruling being appealed, specific findings or conclusions to which exception is taken, the relief sought, and the grounds for relief. The administrator shall issue a ruling regarding the matter within 90 days of the hearing. The administrator’s ruling constitutes final agency action for purposes of judicial review.

Pursuant to the authority of Iowa Code sections 455B.105 and 455B.193, the Environmental Protection Commission hereby gives Notice of Intended Action to amend Chapter 60, “Scope of Title—Definitions—Forms—Rules of Practice,” and Chapter 61, “Water Quality Standards,” Iowa Administrative Code.

The 2000 General Assembly passed legislation (SF 2371) that, among other things, established a “credible data” requirement for developing Section 303(d) lists of impaired waters and various other water quality program activities. The credible data legislation, now codified at Iowa Code sections 455B.171 and 455B.193 to 455B.195:

• Defines credible data as scientifically valid data collected under scientifically accepted sampling plans, including quality assurance and quality control procedures;

• Stipulates that data is not credible data unless it originates from studies and samples collected by the Department and its professional designees or from qualified volunteers;

• Requires the review and approval of all data provided by a qualified volunteer as well as the volunteer monitoring plan before the volunteer data may be considered credible data; and

• Requires the Department to adopt rules to establish requirements for a person to become a qualified volunteer.

The proposed amendments establish minimum requirements for data produced by volunteers to meet the credible data and qualified volunteer requirements.

The expertise needed to produce scientifically valid data can vary significantly depending on the type of monitoring (e.g., chemical versus biological) and other factors, including analytical procedures. Providing a definition of “qualified volunteer” in terms of specific education, experience and knowledge would be difficult and would have the effect of discouraging volunteer monitoring, especially for the simpler types of monitoring (e.g., testing for indicator bacteria). For that reason, the proposed rules define “qualified volunteer” in general terms and concentrate on the process of reviewing the volunteer monitoring plan, including quality assurance and quality control measures, and the monitoring data to ensure the data are, in fact, scientifically valid. Volunteers working under the provisions of an approved volunteer monitoring plan would be considered qualified volunteers.

Any person may submit written suggestions or comments on the proposed amendments on or before March 7, 2002. Written comments should be submitted to Richard Leopold, Department of Natural Resources, Wallace State Office Building, 900 East Grand, Des Moines, Iowa 50319–0034; fax (515)281–8895.

Persons are also invited to present oral or written comments at public hearings which will be held at the following locations and times:

February 27, 2002, 10 a.m. in the Fifth Floor East Conference Room, Henry A. Wallace Building, Des Moines;

March 1, 2002, 7 p.m., at Iowa Lakes Community College, 1900 North Grand Ave., Spencer; and

March 7, 2002, 6 p.m., in the Autumn Room, Grant Wood AEA, 4401 6th Street SW, Cedar Rapids.

Any person who plans to attend a public hearing and has special requirements such as hearing or mobility impairments should contact Richard Leopold at (515)281–3152 to advise of specific needs.

These amendments are intended to implement Iowa Code chapter 455B, division III, part 1.

The following amendments are proposed.

ITEM 1. Amend rule 567—60.2(455B) by adopting the following new definition in alphabetical order:

“Qualified volunteer” means a person or group of people acting on their own behalf, and not for a government agency or under contract with the department, to produce water quality monitoring data in accordance with a department–approved volunteer monitoring plan. Qualified volunteers must have the training and experience to ensure quality assurance and quality control for the data being produced, or be under the direct supervision of a person having such qualifications. A person or persons identified as participants in a department–approved volunteer monitoring plan will be considered qualified volunteers.

ITEM 2. Amend 567—Chapter 61 by adopting the following new division title before rule 567—61.1:

ITEM 3. Reserve rules 61.4 to 61.9 and adopt the following new division:

567—61.10(455B) Purpose. The department uses water quality monitoring data for a number of purposes, including determining compliance with effluent limits for operation permits issued under 567—Chapter 64. The department also uses water quality monitoring data to determine the relative health of a water body by comparing monitoring data to the appropriate water quality standards established in 567— Chapter 61, a process known as water body assessments. Water body assessments are performed to prepare the biennial water quality report required under Section 305(b) of the Act and the list of impaired waters under Section 303(d) of the Act.

Iowa Code sections 455B.193 to 455B.195 require that credible data, as defined in Iowa Code section 455B.171, be used for the purpose of preparing Section 303(d) lists and other water quality program functions. Data provided by a volunteer are not considered credible data unless provided by a qualified volunteer. The purpose of this chapter is to establish minimum requirements for data produced by volunteers to meet the credible data and qualified volunteer requirements.

567—61.11(455B) Monitoring plan required. Volunteer water quality monitoring data submitted to the department must have been produced in accordance with a department–approved volunteer water quality monitoring plan before the data may be used for any of the purposes listed in Iowa Code section 455B.194. Approval of a plan will establish qualified volunteer status for the personnel identified in the plan for those monitoring activities covered under the plan.

61.11(1) Submittal of the plan. Prior to initiation of volunteer water quality monitoring activities intended to produce credible data, a water quality monitoring plan must be submitted to the department for review and approval. The plan must be submitted to the Volunteer Monitoring Coordinator, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319, a minimum of 90 days before planned initiation of volunteer monitoring activities. A letter transmitting the plan must specifically request formal review and approval of the plan and identify a contact person. Volunteer monitors are encouraged to communicate with the department and to attend volunteer monitoring training sessions prior to formal submittal of a plan.

61.11(2) Content of the plan. A volunteer monitoring plan must contain, at a minimum, the following to be considered an acceptable volunteer monitoring plan:

a. A statement of the intent of the monitoring effort.

b. The name(s) of the person or persons that will be involved in data collection or analysis, the specific responsibil–ities of each person or group of people, and the general qualifications of the volunteers to carry out those responsibilities. For groups, such as educational institutions, it will be acceptable to identify the persons involved by general description (e.g., tenth grade biology class) with the exception of persons in responsible charge.

c. The name(s) of the person or persons that will oversee the monitoring plan, ensure that quality assurance and control objectives are being met, and certify the data. The person or persons in responsible charge must have training commensurate with the level of expertise to ensure that credible data is being generated.

d. The duration of the volunteer monitoring effort. In general, the department will not approve plans of greater than three years’ duration unless a longer duration is justified.

e. Location and frequency of sample collection.

f. Methods of data collection and analysis.

g. Record keeping and data reporting procedures.

61.11(3) Department review of the plan. The department will review monitoring plans and normally approve or disapprove the plan within 90 days of receipt. The department will work with the contact person identified in the plan to make any necessary changes prior to taking formal action. The department will use guidelines contained in the publications EPA Requirements for Quality Assurance Project Plans (EPA QA/R–5, 2001) and Volunteer Monitor’s Guide to Quality Assurance Project Plans (1966, EPA 841–B–96–003) or equivalent updates to determine if the plans provide adequate quality assurance and quality control measures. Approval or disapproval of the plan will be in the form of a letter and approval may include conditions or limitations.

61.11(4) Changes in monitoring plans. The department must approve any changes to an approved monitoring plan. Data collected under a modified plan will not be considered credible data until such time as the department has approved the modifications. Modifications to an approved plan should be submitted at the earliest possible time to avoid interruptions in data collection and to ensure continuity of data.

61.11(5) Appeal of disapproval. If a monitoring plan submitted for approval is disapproved, the decision may be appealed by filing an appeal with the director within 30 days of disapproval. The form of the notice of appeal and appeal procedures are governed by 567—Chapter 7.

567—61.12(455B) Use of volunteer monitoring data. Data produced under an approved water quality monitoring plan will be considered credible data for the purposes listed in Iowa Code section 455B.194 if the following conditions are met.

61.12(1) Data submittal. A volunteer monitor or monitoring group must specifically request that data produced under an approved volunteer monitoring plan be considered credible data. A letter identifying the specific data must be submitted along with a certification from the volunteer or the person in responsible charge for volunteer groups that the data, to the best of the volunteer’s or responsible person’s knowledge, was produced in accordance with the approved volunteer monitoring plan. The department’s volunteer coordinator should be contacted to determine the data submittal format and related information. The departmentencourages volunteers to enter monitoring data on theIOWATER volunteer monitoring database maintained by the department, but doing so does not constitute submittal to or acceptance of the data by the department for uses requiring credible data.

61.12(2) Department review of submitted data. The department must review and approve the submitted data. The person submitting the data will be informed of the department’s decision either to accept or reject the data. The department will attempt to resolve any apparent inconsistencies or questionable values in the submitted data prior to making a final decision.

567—61.13(455B) Department audits of volunteer monitoring activities. The department may conduct field audits of volunteer data collection and analysis procedures from time to time to ensure compliance with an approved plan and may conduct confirmatory monitoring tests. Volunteers will be informed of any audit results and be provided with an opportunity to address any concerns to the extent possible. The department reserves the right to rescind approval of an approved plan if it finds substantial problems that cannot be addressed in a timely manner to ensure the quality of the data being produced.

These rules are intended to implement Iowa Code chapter 455B, division III, part 1.

Pursuant to the authority of Iowa Code sections 18.3, 18.4, and 18.10, the Department of General Services hereby gives Notice of Intended Action to rescind Chapter 1, “Organization and Operation,” and adopt a new Chapter 1, “Department Organization”; to adopt Chapter 3, “Capitol Complex Operations”; and to rescind Chapter 11, “State Employee Driving Guidelines,” and adopt a new Chapter 11 with the same title, Iowa Administrative Code.

The new Chapter 1 incorporates and modifies rules 1.1(18) Function and 1.2(18) Organization and operations from the existing Chapter 1 and includes an updated mission statement and revisions to the organizational structure of the Department. Certain functions were statutorily transferred to other departments and other functions have been shifted between divisions.

The new Chapter 3 incorporates and modifies existing rules 1.5(142B) Smoking, 1.6(18) Use of buildings and grounds in the capitol complex, and 1.7(18) Solicitation and sales in state owned and occupied buildings in metropolitan Des Moines; and adds rules 3.1(18) Definitions, and 3.2(18) Security. Rules 3.1(18) and 3.2(18) were Adopted and Filed Emergency and are published herein as ARC 1322B, effective January 14, 2002. They were adopted to address timely issues of security on the capitol complex at the start of the legislative session and to specify that responsibility for security is shared by the Department of General Services and the Department of Public Safety. Modifications to other rules are for clarification of current policy regarding capitol complex operations including the coordination of events.

The new Chapter 11 incorporates existing rule 1.8(18), State vehicle dispatcher vehicle assignments, into Chapter 11, State employee driving guidelines. The vehicle assignment rule is reorganized, but is not substantively changed. This material is in the process of being revised and will be included with amendments in the near future. State employee driving guidelines have been modified to clarify the effect on state driving privileges of employees when certain traffic laws have been violated and the methods and time frames for action needed to regain state driving privileges.

Public comments concerning the proposed rules will be accepted until 4:30 p.m. on March 1, 2002. Interested persons may submit written, oral or electronic comments by contacting Carol Stratemeyer, Department of General Services, Hoover State Office Building, Level A, Des Moines, Iowa 50319–0104; telephone (515)281–6134; fax (515)242– 5974; E–mail Carol.Stratemeyer@dgs.state.ia.us.

There will be a public hearing on March 1, 2002, from 11 a.m. to 12 noon in the Director’s Conference Room, Department of General Services, Hoover State Office BuildingLevel A, 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 confine their remarks to the subject of the rules. Persons with special needs may contact the Department of General Services prior to the hearing if accommodations need to be made.

These rules are intended to implement Iowa Code sections 18.3, 18.4, 18.10, 142B, 216D, and 303.9.

The following amendments are proposed.

ITEM 1. Rescind 401—Chapter 1 and adopt the following new chapter:

CHAPTER 1
DEPARTMENT ORGANIZATION

401—1.1(18) Function. The department of general services was established by Iowa Code chapter 18. The department acts as the state’s business agent to meet agencies’ needs for quality, timely, reliable and cost–effective support services and a work environment that is healthy, safe, and well maintained.

401—1.2(18) Location. The department’s primary office is located in the Hoover State Office Building, Des Moines, Iowa 50319, telephone (515)242–5120. Office hours are 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding holidays.

401—1.3(18) Administration of the department. The chief executive officer of the department is the director, who is appointed by the governor with the approval of two–thirds of the members of the senate. The director serves at the pleasure of the governor.

401—1.4(18) Divisions of department. In order to carry out the functions of the department, the following divisions have been established:

1.4(1) The administration and purchasing division is responsible for customer service activities including administration of parking and building access; receipt of work requests; collection of parking fines; sale of flags, publications, and photographs of the capitol; coordination of special events on the capitol complex; and serving as a focal point for general department information. Other sections are accounting, which includes budgeting, interagency billings and payments, payments to outside vendors, and financial analysis and reporting; personnel; labor relations; leasing for state offices in Polk County and contiguous surrounding counties, maintaining a safe work environment; and technology support. The purchasing section is responsible for managing procurement of commodities, equipment and services for all state agencies not exempted by law. The division is also responsible for the receipt and distribution of state and federal surplus property. Distribution of state surplus property is managed by Iowa Prison Industries under an agreement with the department.

1.4(2) The capitol complex maintenance division is responsible for the maintenance, appearance, and facility sanitation of the capitol complex buildings and grounds, including environmental control (heating, ventilation and cooling) and all support features including, but not limited to, parking lot maintenance, main electrical distribution, water supply, waste water removal, and major maintenance projects associated with the capitol complex.

1.4(3) The design and construction division is responsible for vertical infrastructure management; building and monuments restoration; capital projects; project management; and architectural, engineering, and construction management services for state agencies except for the board of regents, the department of transportation, the national guard, the natural resource commission and the Iowa public employees’ retirement system. The division also provides capitol complex space management and utilities management.

1.4(4) The fleet and mail division is responsible for the management of vehicular risk and travel requirements for state agencies not exempted by law and for the processing and delivering of mail for state agencies on the capitol complex and in the Des Moines metro area.

1.4(5) The printing division is responsible for all copy machines, formal bids, contracts, and bonds for printing purchases, centralized printing, maintaining satellite copy centers on the capitol complex, and state document publication.

These rules are intended to implement Iowa Code section 18.3.

ITEM 2. Rescind 401—Chapter 3 [see ARC 1322B herein] and adopt the following new chapter:

CHAPTER 3
CAPITOL COMPLEX OPERATIONS

401—3.1(18) Definitions. The definitions contained in Iowa Code section 18.1 shall be applicable to such terms when used in this chapter. In addition, the following definitions shall apply:

“Capitol complex” means an area within the city of Des Moines in which the Iowa state capitol building is located. This area includes the state capitol building and all real property and appurtenances thereto owned by the state of Iowa within an area bounded on the north by Interstate Highway 235, on the east by East 14th Street, on the south by the northernmost railroad tracks and on the west by East 6th Street.

“Capitol complex buildings” means buildings in an area within the city of Des Moines in which the Iowa state capitol building is located. This area includes the state capitol building and all buildings owned by the state of Iowa within an area bounded on the north by Interstate Highway 235, on the east by East 14th Street, on the south by the northernmost railroad tracks and on the west by East 6th Street.

“Dangerous weapon” means any instrument or device designed primarily for use in inflicting death or injury upon a human being or animal, and which is capable of inflicting death upon a human being when used in the manner for which it was designed. Additionally, any instrument or device of any sort whatsoever which is actually used in such a manner as to indicate that the person possessing the instrument or device intends to inflict death or serious injury upon the other, and which, when so used, is capable of inflicting death upon a human being, is a dangerous weapon. Dangerous weapons include, but are not limited to, any offensive weapon as defined in Iowa Code section 724.1, pistol, revolver, or other firearm, dagger, razor, stiletto, switchblade knife, or knife having a blade exceeding five inches in length.

“Facilities” means the capitol complex buildings, grounds, and all related property.

“Memorandum of understanding” or “MOU” means an written agreement that specifies terms, conditions and any related costs.

3.2(1) Dangerous weapons. No member of the public shall carry a dangerous weapon in state buildings on the capitol complex. This provision applies to any member of the public whether or not the individual possesses a valid Iowa permit to carry weapons. This provision does not apply to:

a. A peace officer as defined in Iowa Code section 801.4 or a member of the armed forces of the United States or of the national guard, when the person’s duties or lawful activities require or permit possession of a dangerous weapon.

b. A person possessing a valid Iowa professional permit to carry a weapon whose duties require that person to carry a dangerous weapon.

c. A person who possesses a dangerous weapon for any purpose authorized by a state agency to further the statutory or regulatory responsibilities of that agency. An authorization issued pursuant to this paragraph shall not become effective until it has been issued in writing to the person or persons to whom it applies and until copies of the authorization have been received by the director and by the commissioner of public safety.

d. Members of recognized military veterans organizations performing honor guard service as provided in 2001 Iowa Acts, chapter 96, section 1.

Violation of this subrule is a simple misdemeanor, pursuant to Iowa Code section 18.10, and may result in the denial of access to a state building, filing of criminal charges or expulsion from the grounds of the capitol complex, or any combination thereof, of any individual who knowingly violates the subrule. In addition, any weapon found in possession of a member of the public in violation of this subrule may be confiscated. Charges may be filed under any other criminal statute if appropriate. Officers employed by or under the supervision of the department of public safety shall have the authority to enforce this subrule. Peace officers employed by other agencies shall have the authority to enforce this subrule at the request of the commissioner of public safety or in response to a request for assistance from an officer employed by the department of public safety.

3.2(2) Building access and security. The department of general services and the department of public safety shall take reasonable and appropriate measures to ensure the safety of persons and property on the capitol complex. These measures may include, but are not limited to, the following:

a. Requiring any member of the public entering a state building on the capitol complex to (1) provide identification upon request; (2) allow the member of the public to be scanned with metal detecting equipment; and (3) allow any parcel, package, luggage, purse, or briefcase that the person is bringing into the building to be examined with X–ray equipment or to have the contents thereof examined, or both.

b. Requiring any member of the public who is inside a state building on the capitol complex outside of normal business hours, other than when the building or portion of the building is open to the public during a scheduled event, to provide identification and to state the nature of the person’s business in the building. A member of the public who is in a state building on the capitol complex outside of normal business hours, other than during a scheduled event, and who does not have authorization to be on the premises may be required to exit the building and be escorted from the building.

c. Limiting public access to state buildings on the capitol complex to selected entrances. Access to each building through at least one entrance accessible to persons with disabilities shall be maintained.

d. Limiting hours during which public access is allowed to state buildings on the capitol complex. Hours during which public access is allowed shall be posted at each entrance to a building through which public access is allowed.

e. Confiscating any container including, but not limited to, packages, bags, briefcases, or boxes that are left in public areas when the state building is not open to the public. Any confiscated container may be searched or destroyed, or both, or may be returned to the owner. Any container that is left unattended in a public area during hours in which the state building is open to the public may be examined.

Violation of this subrule is a simple misdemeanor, pursuant to Iowa Code section 18.10, and may result in the denial of access to a state building, filing of criminal charges or expulsion from the grounds of the capitol complex, or any combination thereof, of the individual who knowingly violates the subrule. Charges may be filed under any other criminal statute if appropriate. Officers employed by or under the supervision of the department of public safety shall have the authority to enforce this subrule. Peace officers employed by other agencies shall have the authority to enforce this rule at the request of the commissioner of public safety or in response to a request for assistance from an officer employed by the department of public safety.

3.2(3) Access barriers. The director may cause the temporary or permanent placement of barricades, ropes, signs, or other barriers to access certain parts of state buildings or grounds. Unauthorized persons beyond the barriers may be removed with the assistance of officers of the department of public safely or charged with a criminal offense if appropriate, or both.

3.3(1) Use of tobacco products is prohibited in all executive branch space in capitol complex buildings including tunnels and enclosures, unless otherwise designated by appropriate signs. The secretary of the senate, the clerk of the house and the court administrator are responsible for areas under their control. It is the intent of the department to post signs at the entrances to capitol complex buildings to publicize this rule.

3.3(2) Smoking is prohibited outside capitol complex buildings except as permitted by the director in designated areas or outside structures. The department will post signs at designated outside smoking areas.

This rule is intended to implement Iowa Code chapter 142B and Executive Order Number 68 signed November 23, 1998, by Governor Terry Branstad.

3.4(1) Scheduling conference rooms. Conference rooms, auditoriums and common areas within the capitol complex are for use by state agencies, boards and commissions for authorized purposes only. Arrangements may be made by contacting the agency responsible for scheduling the facility. The department of general services is responsible for scheduling all common areas not under control of other agencies. Questions about usage shall be resolved by the director of the responsible agency. General questions about scheduling may be directed to the department’s customer service center at (515)242–5120.

3.4(2) Legislative and judicial building contacts. The secretary of the senate, the clerk of the house and the court administrator are responsible for areas under their control. Common areas in and around the Capitol Building are under the control of the department of general services.

3.4(3) Historical building events. Scheduling of events by the public as well as by state agencies, boards and commissions to be held in the Iowa Historical Building will be coordinated by the department of cultural affairs. Groups or individuals wishing to use the Iowa Historical Building for an event should contact the Facilities Coordinator, State Historical Society of Iowa, Iowa Historical Building, 600 East Locust Street, Des Moines, Iowa 50319.

3.4(4) Event request. State agencies or the general public may request use of capitol complex facilities, grounds or parking lots for public events by contacting the director and completing an application provided by the department. This shall not be interpreted as an infringement on the right of assembly and petition guaranteed by Section 20, Article I, Constitution of Iowa.

a. The director shall notify the applicant of approval or denial to use the requested areas. Notification of approval may take the form of a letter to the event sponsor(s) or a memorandum of understanding (MOU) signed by the director and the event sponsor(s). The MOU specifies the conditions under which the event will take place.

b. The director may allow events if appropriate security and supervision are provided and the director determines that granting the approval is consistent with the underlying purpose of these rules and that the public interest so demands.

c. Approval for the event may contain such terms and conditions as are consistent with the protection, health and safety of occupants of the buildings and visitors to the capitol complex as well as preservation of the buildings, facilities, and grounds. The approval may also contain limitations on equipment used, its location, and the time and area within which the event is allowed.

3.4(5) Refusal of usage. The director may refuse to allow use of the facilities which, in the director’s judgment, would be disruptive of official state business or of the public health and welfare, or is inconsistent with subrule 3.4(4). The director may consider such factors as recommendations of the department of public safety, previous experience with the requesting group or other events similar to that requested.

3.4(6) Liability. Any state agency or public group granted permission to use the capitol complex facilities shall be responsible for any damage occurring during the event.

a. Prior to granting approval, the director may require the requesting group to acquire liability insurance in which the “State of Iowa” is named as an additional insured to protect the state.

b. As a condition of granting approval of a request for an event at the capitol complex, the director may also require that a damage deposit or bond be posted by the group making the request. The director may require the filing of a bond payable to the director in an amount adequate to cover costs such as restoration, rehabilitation and cleanup of the area used, damages and other costs resulting from this event. In lieu of a bond, an event requestor may elect to deposit cash equal to the amount of the required bond.

3.4(7) Event cleanup. Any state agency or public group granted permission to use the capitol complex facilities shall be responsible for a thorough cleanup after the event is concluded. All debris and animal waste shall be removed.

3.4(8) Alcoholic beverages at events. Consumption of alcoholic beverages, as defined in Iowa Code chapter 123, is not permitted on the capitol complex except for special events in the Iowa Historical Building, 600 East Locust Street, with the prior written approval of the director and the director of the department of cultural affairs.

3.4(9) Distribution of literature. Permission to distribute literature on the capitol complex grounds or in state–owned or occupied areas of leased buildings in metropolitan Des Moines must be obtained from the director. The director may designate specific locations from which literature may be distributed in order to ensure control of litter, unobstructed access to public buildings and the conduct of public business.

3.4(10) Private parties. No state–owned facilities, equipment or state personnel shall be used for private parties, weddings, demonstrations, rallies, etc., without the prior written consent of the director.

3.4(11) Access hours. Public use of state buildings is restricted to normal office hours. Hours during which public access is allowed shall be posted at each entrance to a building through which public access is allowed.

3.4(12) After–hours use. After–hours use of capitol complex buildings is restricted to use by state agencies and must directly relate to the mission of the state agency sponsoring the event.

a. Public use of state buildings is restricted to normal office hours. After–hours use of capitol complex buildings is restricted to use by state agencies and must directly relate to the mission of the state agency sponsoring the event. For all buildings except the Capitol Building and the Iowa Historical Building, normal office hours are 7 a.m. to 5 p.m., Monday through Friday. Buildings are closed to the public on weekends and state–designated holidays.

b. For the Capitol Building, normal office hours are6 a.m. to 6 p.m., Monday through Friday, except that if a legislative session lasts past 6 p.m., the closing hour is extended until one–half hour beyond the session’s end. On Saturdays, the building is open from 9 a.m. to 4 p.m. Inquiries regarding the hours the building is open may be directed to the information desk at (515)281–5591.

c. For the Iowa Historical Building, normal office hours are 8 a.m. to 4:30 p.m. every day, excluding weekends and holidays. The Iowa Historical Museum and the State Historical Library, located within the Iowa Historical Building, have different hours. Inquiries regarding the hours the building is open may be directed to the information desk at (515) 281–5111.

d. The Iowa Historical Museum is open from 9 a.m. to 4:30 p.m., Tuesday through Saturday, and noon to 4:30 p.m. on Sundays. It is closed on Mondays except during June, July and August, when it is open from 9 a.m. to 4:30 p.m. The museum is closed on New Year’s Day, the Fourth of July, Thanksgiving Day, and Christmas Day.

e. The State Historical Library is open from 9 a.m. to 4:30 p.m., Tuesday through Saturday, excluding holidays. If a holiday occurs on a Monday, the library is also closed on the Saturday prior to that holiday.

f. Hours listed above are subject to change. Changes in hours shall be posted on the main entrance doors to each affected building.

3.4(13) Capitol grounds hours. Public use of the capitol complex grounds is restricted to the hours of 6 a.m. to 11 p.m. daily. Public access hours are subject to change. Changes in hours shall be posted prominently on the capitol complex.

This rule is intended to implement Iowa Code section 18.10.

3.5(1) Canteens, cafeterias and vending machines under the control of the department for the blind and gift shops under the control of the department of cultural affairs and concessions authorized by the director pursuant to subrule 3.4(4) are authorized methods of direct sales to employees and visitors in state–owned and occupied buildings in metropolitan Des Moines.

3.5(2) Functions involving sales to state employees or to the public in the capitol complex or in state–owned and occupied buildings in metropolitan Des Moines must receive prior approval through the event request process in subrule 3.4(4). Sales by state employees are governed by Iowa Code chapter 68B.

3.5(3) Event sponsors are responsible for contracting with vendors for sales during the event. The MOU may contain terms and conditions for vendors and shall specify the responsibility of the event sponsor to ensure that all approved vendors comply with all applicable city, state and federal laws, ordinances, rules and regulations. Vendors must have all required city, state and federal permits and licenses.

3.5(4) For the convenience of employees and visitors, the director may enter into agreements with private vendors for providing services and products within state buildings under the jurisdiction of the department. Provision of services and products shall not interfere with the business of government or negatively affect building aesthetics. The director shall solicit competitive proposals when it is probable that more than one vendor may desire to offer a similar service or product. Agreement terms and conditions shall protect the state’s interest regarding liability, reasonable compensation to the state, performance and appearance standards, and other relevant concerns.

3.5(5) The director reserves the right to deny or remove any vendor who does not comply with these rules and applicable laws and regulations.

This rule is intended to implement Iowa Code section 18.10, 216D, and 303.9.

These rules are intended to implement Iowa Code sections 18.3, 18.4, 18.10, 142B, 216D, and 303.9.

ITEM 3. Rescind 401—Chapter 11 and adopt the following new chapter:

CHAPTER 11
STATE EMPLOYEE DRIVING GUIDELINES

401—11.1(18) Purpose. The purpose of this chapter is to provide for the assignment of state motor vehicles and for the administration of a self–insurance program for motor vehicles owned by the state.

“At–fault accident” means one in which the state driver is determined to be 50 percent or more responsible for the accident.

“Cargo payload” means the net cargo weight transported. The weight of the driver, passengers, and fuel shall not be considered in determining cargo payload.

“Cargo volume” means the space calculated in cubic feet behind the vehicle driver and passenger seating area. In station wagons, the cargo volume is measured to the front seating area with the second seat laid flat behind the driver.

“Defensive driving course” means an eight–hour course with instruction provided by the Iowa state patrol.

“Driver improvement course” means an eight–hour course with instruction provided by a local area college.

“Habitual violation” means that the person has been convicted of three or more moving violations committed within a 12–month period.

“Passengers” means the total number of vehicle occupants transported on a trip, including the driver.

“Pool car” means a vehicle assigned to the state of Iowa, department of general services, division of fleet and mail pool.

“Preventable accident,” for purposes of this chapter, means an accident that could have been prevented or in which damage could have been minimized by proper evasive action.

“Primary use” means the utilized application exceeds 50 percent of the miles driven annually for EPA–designated light–duty trucks and vans and exceeds 75 percent of the miles driven annually for EPA–designated passenger sedans and wagons.

“Private vehicle” means any vehicle not registered to the state of Iowa, department of general services.

“Special work vehicle” means fire trucks, ambulances, motor homes, buses, medium– and heavy–duty trucks (26,600 lbs. GVWR and larger), highway painting trucks, truck tractors, motor graders, core drill trucks, crawler tractors, wheel tractors, aerial boom and bridge inspection trucks, draglines, truck–mounted snow blowers, front–end loaders, sweeper trucks, rollers, pavers and other highway maintenance vehicles, and any other classes of vehicles of limited application approved by the state vehicle dispatcher.

“State driver” means any person who drives a vehicle to conduct official state business other than a law enforcement officer.

“State vehicle” means any vehicle registered to the state of Iowa, department of general services.

11.3(1) Agencies subject to vehicle assignment standards. Pursuant to Iowa Code section 18.115(4)“a,” the agencies listed below shall assign all vehicles within their possession, control, or use in accordance with the standards set forth in this rule. The following agencies are subject to this rule:

a. State vehicle dispatcher;

b. State department of transportation;

c. Institutions under the control of the state board of regents;

d. The department for the blind; and

e. Any other state agency exempted from obtaining vehicles for use through the state vehicle dispatcher.

11.3(2) Exceptions to vehicle assignment standards. This rule shall not apply to special work vehicles, law enforcement vehicles and vehicles propelled by alternate fuels.

11.3(3) Exceptions to driving guidelines for the vehicle self–insurance program. These rules do not apply to the department of transportation or to institutions under the authority of the board of regents. Nor do they supersede any applicable federal law or regulation or state law. Persons who have been granted an ADA exception through the Iowa department of personnel are also exempted from these rules.

11.4(1) In order to maximize the average passenger miles per gallon of motor vehicle fuel consumed, vehicles shall be assigned on the following basis:

a. EPA–rated compact sedans shall carry one or two passengers and their personal effects.

b. EPA–rated compact wagons shall carry one or two passengers and a minimum cargo volume of 50 cubic feet or a minimum cargo payload of 350 pounds.

c. EPA–rated midsize sedans shall carry three or more passengers and their personal effects.

d. EPA–rated midsize wagons shall carry one or more passengers and a minimum cargo volume of 67 cubic feet or a minimum cargo payload of 750 pounds.

e. EPA–rated full–size sedans shall carry four or more passengers and their personal effects.

f. EPA–rated full–size wagons shall carry one or more passengers and a minimum cargo volume of 81 cubic feet.

g. Mini cargo vans shall carry a minimum cargo volume of 81 cubic feet or a minimum cargo payload of 1,360 pounds.

h. Cargo vans possessing a gross vehicle weight rating (GVWR) between 5,500 and 7,300 pounds shall carry a minimum cargo volume of 175 cubic feet or a minimum cargo payload of 1,500 pounds.

i. Cargo vans possessing a GVWR in excess of 7,300 pounds shall carry a minimum cargo volume of 255 cubic feet or a minimum cargo payload of 1,800 pounds.

j. Five–passenger mini passenger vans shall carry three or more passengers and a minimum cargo volume of 70 cubic feet or a minimum cargo payload of 1,000 pounds.

k. Seven–passenger mini passenger vans shall carry five or more passengers and their personal effects.

l. Eight–passenger standard–size passenger vans shall carry six or more passengers and their personal effects.

m. Twelve–passenger standard–size passenger vans shall carry eight or more passengers and their personal effects.

n. Fifteen–passenger maxi or extended passenger vans shall carry ten or more passengers and their personal effects.

11.4(2) Vehicles that are made available for temporary assignment, such as departmental pool vehicles, shall be assigned in accordance with this rule. If an appropriately classified vehicle is unavailable, the next larger available classification may be substituted. Other substitutions may be authorized in consideration of passenger physical characteristics or disabilities or any other distinguishing circumstances and conditions as determined by the state vehicle dispatcher, the director of the department of transportation, or the executive director of the board of regents for the vehicles under their respective authorities.

11.4(3) The state vehicle dispatcher, the director of the department of transportation, and the executive director of the board of regents shall submit biennial reports detailing the substitutions of larger vehicle classifications. The reports shall include a brief statement explaining the necessity for any substitution authorized by the respective fleets and shall be received by the director of the department of management no later than July 31, 1995, and by July 31 every other year thereafter.

11.4(4) Vehicles permanently issued to agencies or drivers shall be assigned in accordance with this rule based on the primary use of the vehicle.

401—11.5(18) Type of accident. The determination as to whether an accident is without fault, at fault, or preventable shall be made by the risk manager of the department of general services. In making this determination the risk manager will consider all relevant information including information provided by the state driver and others involved in the accident, information provided by witnesses to the accident and information contained in any investigating officer’s reports.

401—11.6(18) Valid driver’s license required. A state driver shall not drive a state or private vehicle on state business if the state driver does not currently possess a valid driver’s license with the appropriate classifications, restrictions and endorsements.

401—11.7(18) Required reporting. A state driver must report any potential liability, collision or comprehensive loss which occurs while conducting state business to the risk manager of the department of general services. The failure to report may result in payment of any loss from the funds of the state driver’s employing agency rather than from the state self–insurance fund. All documentation, such as proof of required class completion and insurance coverage, must be provided to the department risk manager.

401—11.8(18) Mandatory training. Each state driver who is assigned a state vehicle or who drives a state or private vehicle on state business at least 5,000 miles per year shall attend a defensive driving or driver improvement course every three years. Each state driver who drives a pool car shall also participate in vehicle safety classes as offered and required by the division of fleet and mail.

401—11.9(18) Required adherence to motor vehicle laws. Each state driver is required to abide by all applicable motor vehicle laws of the state of Iowa or any other state in which the state driver may be traveling.

401—11.10(18) Responsibility for payment of traffic violations. Each state driver is required to pay all fines arising from any violation of motor vehicle laws of the state of Iowa or any other state in which the state driver may be traveling.

401—11.11(18) Access to driving records. The fleet and mail division has the authority to monitor the Iowa department of transportation driving record of employees who drive a state vehicle or a private vehicle to conduct state business.

11.12(1) If a state driver is involved in any one of the following occurrences, the state driver will receive written counseling concerning the state driver’s responsibilities and will be required to attend the next available defensive driving course. The defensive driving course must be attended after one of the following occurrences:

a. The state driver is involved in one at–fault or preventable accident while operating a state vehicle.

b. The state driver receives three moving traffic violations in a three–year period while operating a state vehicle or a private vehicle.

11.12(2) If a state driver is involved in any one of the following occurrences, the state driver will be suspended from driving a state vehicle for a period not to exceed one year and will be required to attend a driver improvement course. The driver shall attend the next available driver improvement course after one of the following occurrences. While the state driver is suspended from driving a state vehicle, the state driver will be allowed to receive mileage reimbursement from the state of Iowa for driving a private vehicle for state business. In addition, a state driver involved in one of the following occurrences shall provide proof of insurance which meets the minimum standards required by the state of Iowa, department of transportation, and proof of completion of the driver’s improvement course.

a. The state driver is involved in three at–fault or preventable accidents in a five–year period while operating a state vehicle.

b. The state driver is involved in five moving traffic violations within a three–year period while operating a state vehicle or a private vehicle.

c. The state driver is convicted of a first offense driving while intoxicated charge while operating a private vehicle on private business.

d. Transporting alcoholic beverages in the passenger compartment of a motor vehicle.

e. Habitual violation of traffic laws.

11.12(3) If a state driver is involved in any one of the following occurrences, the state driver will be suspended from driving a state vehicle for a period exceeding one year up to a permanent suspension or from driving a private vehicle on state business and will be required to attend and successfully complete, at the person’s own expense, a driver improvement course. The driver shall attend the next available driver’s improvement course after one of the following occurrences. In addition, a state driver involved in one of the following occurrences shall provide proof of insurance which meets the minimum standards required by the state of Iowa, department of transportation, and proof of completion of the driver’s improvement course.

a. The state driver is involved in four at–fault or preventable accidents during a five–year period while operating a state vehicle.

b. The state driver receives six or more moving traffic violations while operating a state or private vehicle within a three–year period.

c. A state driver is convicted of more than one operating while intoxicated offense within a five–year period while operating a private vehicle on private business.

d. The state driver fails to notify the fleet and mail division of an operating while intoxicated conviction received while operating a state vehicle or a private vehicle.

11.12(4) If a state driver fails to attend or does not successfully complete the driver improvement course, the state driver will be suspended from driving a state or private vehicle for state business until such time as a driver improvement course has been successfully completed.

11.12(5) If a state driver is involved in any one of the following occurrences, the state driver will be suspended from driving a state vehicle or a private vehicle on state business for a period up to one year.

a. Driving a state vehicle or a private vehicle on state business with a suspended driver’s license.

b. Driving a private vehicle for state business without the minimum insurance required by law.

11.12(6) If convicted of a first offense driving while intoxicated while driving a private vehicle on private business, the state driver is required to provide proof of satisfactory completion of a course for drinking drivers as defined in Iowa Code 321J.22 and completion of substance abuse evaluation and treatment services in addition to the corrective actions imposed by 11.12(2).

11.12(7) If a state driver is convicted of operating a state vehicle while intoxicated, or operating a private vehicle on state business while intoxicated, the state driver will be permanently suspended from driving a state vehicle or a private vehicle on state business. This suspension may not be reconsidered.

401—11.13(18) Reconsideration of suspension. If a state driver is suspended from driving a state vehicle, the driver may request a reconsideration of the suspension. A written request for reconsideration must be submitted to the suspended driver’s immediate supervisor. The immediate supervisor must provide a written report, supporting or denying the employee’s request, to the director of the department of general services. The director shall act on this request and, within 60 days from receipt of the supervisor’s request for reconsideration, notify the state driver’s supervisor of the action taken.

401—11.14(18) Probationary drivers. If driving privileges are reinstated following a request for reconsideration, the reinstated state driver will be placed in a probationary state vehicle driving status for a period of three months. If a state driver in probationary status has a preventable or at–fault accident while operating a state or private vehicle on state business or receives a moving traffic violation while operating a state or private vehicle on state business, the probationary status will be revoked and the state driver’s original suspension period will be reinstated. Following revocation of probationary status, the state driver may not request further reconsideration of the suspension. A driver in probationary status is eligible to receive mileage reimbursement from the state.

401—11.15(18) Temporary state authorized work permit. State drivers may operate a state vehicle or a private vehicle on state business while holding a state authorized work permit. In addition, a state driver operating under a state authorized work permit shall provide proof of insurance which meets the minimum standards required by the state of Iowa, department of transportation.

These rules are intended to implement Iowa Code sections 18.3(11) and 18.115.

Pursuant to the authority of Iowa Code section 217.6, the Department of Human Services proposes to amend Chapter 61, “Refugee Services Program,” appearing in the Iowa Administrative Code.

Under current policy, the Bureau of Refugee Services is limited to providing services to persons in the first 60 months of resettlement. The Department has received a letter from the Office of Refugee Resettlement of the Administration for Children and Families waiving the 60–month limitation on social services effective with the receipt of the letter and for the remainder of federal fiscal year 2002 (until September 30, 2002). This waiver includes all services authorized by the governing federal regulations, 45 CFR Part 400, except 45 CFR 400.155(h), which refers to “any additional service, upon submission to and approved by the director of the Office of Refugee Resettlement, aimed at strengthening and supporting the ability of a refugee individual, family, orrefugee community to achieve and maintain economic self–sufficiency, family stability, or community integration, that has been demonstrated as effective and that is not available from any other funding source.”

This amendment revises policy governing refugee services to allow services to be provided past the first 60 months of resettlement if the Office of Refugee Resettlement grants an exception to the 60–month limit.

This amendment does not provide for waivers in specified situations because the amendment confers a benefit on those affected.

The substance of this amendment is also Adopted and Filed Emergency and is published herein as ARC 1329B. 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, 1305 East Walnut, Des Moines, Iowa 50319–0114, on or before February 27, 2002.

This amendment is intended to implement Iowa Code section 217.6 and chapter 622A.

Pursuant to the authority of Iowa Code section 217.6, the Department of Human Services proposes to amend Chapter 61, “Refugee Services Program,” appearing in the Iowa Administrative Code.

These amendments establish a pilot services program through September 30, 2003, to make recredentialing services available for refugees who have graduated from a foreign school as registered nurses or licensed practical nurses. Eligible applicants may receive employability services from the Bureau of Refugee Services, practical assistance in securing documents and services needed to achieve evaluation of credentials earned outside the United States through appropriate United States professional credentials–evaluation organizations, payment of the initial fee for services of professional credentials–evaluation organizations, and payment, to a maximum of $5,000 per eligible refugee, as contracted for or otherwise arranged or approved by the Bureau, for professional refresher training or other education or training services to enable participants to achieve Iowa certification or licensure.

These amendments also clarify the relationship between the Department of Human Services, Bureau of Refugee Services, and counties awarded targeted assistance grant funding from the U.S. Department of Health and Human Services (HHS). Targeted assistance grants are formula allocation funds granted to the Department by HHS for assistance to counties where, because of factors such as unusually large refugee populations (including secondary migration), high refugee concentrations, and high use of public assistance by refugees, it can be demonstrated that a specific need exists for supplementation of available resources for services to refugees.

Polk County is currently the only county in Iowa eligible for these funds. The amount of the most recent Polk County grant is $467,000. Polk County supervisors have chosen to have the Bureau of Refugee Services administer the grant.

Federal regulations require targeted assistance grants to be used for employment–related services. The past and current Polk County targeted assistance grants have been used to fund services and training that are allowable under the Bureau’s rules. Current funding is used for:

• Two job development/job placement specialists

• One medical translation specialist

• Sudanese Women’s Employment Preparation Project

• Certified nursing assistant training

• English as a second language classes

• Mental health services

• Truck driving training

• Driver’s license classes

• Pilot recredentialing services for foreign–trained nurses

The rule for the pilot recredentialing services for foreign–trained nurses is being proposed because of the limited and unique nature of the pilot program.

These amendments do not provide for waivers in specified situations because these amendments either confer a benefit or clarify administration of targeted assistance grants. Individuals may request a waiver of eligibility conditions under the Department’s general rule on exceptions at rule 441—1.8(17A,217).

Consideration will be given to all written data, views, and arguments thereto received by the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut, Des Moines, Iowa 50319–0114, on or before February 27, 2002.

These amendments are intended to implement Iowa Code section 217.6.

The following amendments are proposed.

ITEM 1. Amend 441—Chapter 61 by adopting the following new rule 441—61.16(217):

441—61.16(217) Pilot recredentialing services. The department shall make available, as a pilot program, recredentialing services for refugees who are graduates of a foreign school that qualifies its students for certification or licensure as registered nurses or licensed practical nurses. These pilot services shall be available to the extent that funding is available through the federal fiscal year 2001 Polk County targeted assistance grant (see 441—61.17(217) for definition) and through office of refugee resettlement social services funds up to a maximum of $22,500. The pilot program shall end September 30, 2003.

61.16(1) Services included in recredentialing services. In addition to employability services as described in subrule 61.5(11), the department shall provide the following to participants in recredentialing services:

a. Practical assistance in securing documents and services needed to achieve evaluation of credentials earned outside the United States through appropriate United States professional credentials–evaluation organizations.

b. Payment of the initial fee for services of professional credentials–evaluation organizations.

c. Payment, to a maximum of $5,000 per eligible refugee, as contracted for or otherwise arranged or approved by the bureau, for professional refresher training or other education or training services to enable participants to achieve Iowa certification or licensure.

61.16(2) Limitations on recredentialing services. In addition to the policies described in rule 441—61.6(217), the following shall apply to participants in recredentialing services:

a. The department shall identify eligible participantsfor recredentialing services through the appropriate employ–ability assessment services as provided in paragraph 61.5(11)“b.”

b. The department shall deny eligibility for recredentialing services when the applicant cannot achieve acceptable levels in bureau–administered assessment tests of English literacy, spoken English proficiency, and math proficiency.

c. The department shall consider that eligibility for recredentialing services begins with payment of the fee to the appropriate professional credentials–evaluation organization.

d. The department shall deny or terminate eligibility for recredentialing services when it becomes clear that recredentialing cannot be achieved within the limitations as provided in rule 441—61.6(217). In addition to the appropriate professional credentials–evaluation organization, appropriate education and training institutions may be consulted to determine whether recredentialing may be achieved within these limitations.

e. The department shall limit eligibility for recredentialing services based on place of residence only so far as the source of recredentialing services funding requires such limitation.

ITEM 2. Amend 441—Chapter 61 by adopting the following new rule 441—61.17(217):

441—61.17(217) Targeted assistance grants. “Targeted assistance grants” means U.S. Department of Health and Human Services formula allocation funding granted to the department for assistance to counties where, because of factors such as unusually large refugee populations (including sec–ondary migration), high refugee concentrations, and high use of public assistance by refugees, there exists and can be demonstrated a specific need for supplementation of available resources for services to refugees.

61.17(1) Administration of targeted assistance grants. The department shall make 95 percent of the total award available to the designated county except when the designated county has agreed to let the department administer the targeted assistance grant in its stead.

61.17(2) Eligibility for services under targeted assistance grants. Services funded by targeted assistance grants are limited to refugees who reside in the designated county.

61.17(3) Services and limitations for services funded by targeted assistance grants. Rules of 441—Chapter 61 are applicable to services funded by targeted assistance grants, except for subrules 61.5(5) and 61.6(1).

61.17(4) Priority of services. Services funded by targeted assistance grants shall be provided in the following order of priority, except in certain individual extreme circumstances:

1. Cash assistance recipients, particularly long–term recipients.

2. Unemployed refugees who are not receiving cash assistance.

3. Employed refugees in need of services to retain employment or to attain economic independence.

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” and Chapter 81, “Nursing Facilities,” appearing in the Iowa Administrative Code.

Executive Order Number 24 mandated an across–the–board cut of 4.3 percent in state funding for all appropriations. The following changes are intended to implement the mandated reductions in the Medicaid appropriation by reducing the spending obligations of the Department effective February 1, 2002, for the remainder of fiscal year 2002.

These amendments implement an across–the–board reduction of 13.2 percent for the remainder of the current fiscal year to the following providers: ambulances; ambulatory surgical centers; audiologists; birth centers; certified registered nurse anesthetists; chiropractors; community mental health centers; dentists; durable medical equipment, prosthetic devices and medical supply dealers; family or pediatric nurse practitioners; family planning clinics; hearing aid dispensers; home health agencies; hospitals (critical access, inpatient, and outpatient); lead inspection agencies; maternal health centers; nurse–midwives; nursing facilities; opticians; optometrists; orthopedic shoe dealers; pharmacists (dispensing fee); pharmaceutical case management services providers; physical therapists; physicians; podiatrists; psychologists; rehabilitation agencies; and screening centers.

The Department will also be reducing managed care cap–itation payments by 13.2 percent under its managed care contracts.

These cuts will reduce payments to providers by approximately $50 million in state and federal funds for the months of February 2002 through June 2002. This $50 million includes state funds of approximately $18.6 million, as required by the across–the–board cut.

These amendments do not provide for waivers in specified situations because of the underlying budget constraints. Needed savings would not be achieved if waivers were provided.

The substance of these amendments is also Adopted and Filed Emergency and published herein as ARC 1365B. 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, 1305 East Walnut, Des Moines, Iowa 50319–0114, on or before February 27, 2002.

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

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” appearing in the Iowa Administrative Code.

These amendments revise policy governing reimbursement to inpatient and outpatient hospitals as follows:

• The historical data and cost reporting time periods used for the rebasing of base and capital costs and the recalibration of diagnosis–related group (DRG) weights for inpatient hospital reimbursement and the rebasing of base costs and the recalibration of ambulatory patient group (APG) weights for outpatient hospital reimbursement are updated.

• Unnecessary detail regarding the review of outliers by the professional review organization (PRO) is eliminated and replaced with a reference to the Department’s contract with the PRO.

Current rules require that the rebasing and recalibration project be completed every three years.

• The current requirements of the professional review organization (PRO) in reviewing outlier cases are clarified.

• The federal regulation citations are updated.

These amendments do not provide for waivers in specified situations because the Department believes that the same data should be used for redetermining rates for all hospitals. Hospitals may request a waiver of any part of the reimbursement methodology under the Department’s general rule on exceptions at rule 441—1.8(17A,217).

Consideration will be given to all written data, views, and arguments thereto received by the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut, Des Moines, Iowa 50319–0114, on or before February 27, 2002.

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

The following amendments are proposed.

ITEM 1. Amend subrule 79.1(5) as follows:

Amend paragraph “a,” definition of “base year cost report,” as follows:

“Base year cost report” shall mean the hospital’s cost report with fiscal–year–end on or after January 1, 1998 2001, and prior to January 1, 1999 2002, except as noted in 79.1(5)“x.” Cost reports shall be reviewed using Medicare’s cost reporting and cost reimbursement principles for those cost reporting periods.

Amend paragraph “c” as follows:

c. Calculation of Iowa–specific weights and case–mix index. Using all applicable claims for the period January 1, 1997 2000, through December 31, 1998 2001, and paid through March 31, 1999 2002, the recalibration will use all normal inlier claims, discard short stay outliers, discard transfers where the final payment is less than the full DRG payment and including transfers where the full payment is greater than or equal to the full DRG payment, and use only the estimated charge for the inlier portion of long stay outliers and cost outliers for weighting calculations. These are referred to as trimmed claims.

(1) Iowa–specific weights are calculated from Medicaid charge data on discharge dates occurring from January 1, 1997 2000, to December 31, 1998 2001, and paid through March 31, 1999 2002. One weight is determined for each DRG with noted exceptions. Weights are determined through the following calculations:

1. to 5. No change.

(2) The hospital–specific case–mix index is computed by taking each hospital’s trimmed claims that match the hospital’s 1998 2001 fiscal year and paid through March 31, 1999 2002, summing the assigned DRG weights associated with those claims and dividing by the total number of Medicaid claims associated with that specific hospital for that period.

Amend paragraph “f” as follows:

f. Outlier payment policy. Additional payment is made for approved cases meeting or exceeding Medicaid criteria for day and cost outliers for each DRG. Effective for claims with dates of services ending July 1, 1993, and after, 100 percent of outlier costs will be paid to facilities at the time of claim reimbursement. The PRO will select a 10 percent random sample of outlier cases identified on fiscal agent claims data from all Iowa and bordering state hospitals. At least one case every six months per facility will be selected for review if available.

Specific areas for review will be identified based on prior outlier experience. When it is determined that a significant number of the errors identified for a hospital is attributable to one source, review efforts will be focused on the specific cause of the error. Intensified review will be discontinued when the error rate falls below the norm for a calendar quarter. Providers will continue to be notified of all pending adverse decisions prior to a final determination by the PRO. If intensified review is required, hospitals will be notified in writing and provided with a list of the cases that met or exceeded the error rate threshold. When intensified review is no longer required, hospitals will be notified in writing. Hospitals with cases under review must then submit all supporting data from the medical record to the PRO within 60 days of receipt of the outlier review notifications, or outlier payment will be recouped and forfeited. The PRO shall perform retrospective outlier reviews in accordance with the terms in the contract between the department and the PRO.

(1) to (4) No change.

Amend paragraph “t,” introductory paragraph, as follows:

t. Limitations and application of limitations on payment. Diagnosis related group payments are subject to the upper payment limits as stated in 42 CFR 447.271 and 42 CFR 447.272 as amended to September 26, 1991 September 5, 2001.

ITEM 2. Amend subrule 79.1(16) as follows:

Amend paragraph “a,” definitions of “base year cost report” and “blended base amount,” as follows:

“Base year cost report” shall mean the hospital’s cost report with fiscal–year–end on or after January 1, 1998 2001, and prior to January 1, 1999 2002, except as noted in paragraph “s.” Cost reports shall be reviewed using Medicare’s cost reporting and cost reimbursement principles for those cost reporting periods.

“Blended base amount” shall mean the case–mix adjusted, hospital–specific operating cost per visit associated with treating Medicaid outpatients, plus the statewide average case–mix adjusted operating cost per Medicaid visit, divided by two. This basic amount is the value to which add–on payments and inflation are is added to form a final payment rate.

Amend paragraph “d,” introductory paragraph, as follows:

d. Calculation of Iowa–specific relative weights and case–mix index. Using all applicable claims with dates of service occurring in the period January 1, 1997 2000, through December 31, 1998 2001, and paid through March 31, 1999 2002, relative weights are calculated using all valid singleton claims, which are trimmed at high and low trim points, as discussed in paragraph “c.” Using all applicable claims with dates of service occurring within the individual hospital’s 1998 2001 fiscal year and paid through March 31, 1999 2002, the hospital–specific case–mix indices are calculated using all valid singleton claims, which are trimmed at the high and low trim points, as discussed in paragraph “c.”

Amend paragraph “i,” introductory paragraph, as follows:

i. Services covered by APG payments. Medicaid adopts the Medicare definition of outpatient hospital services at 42 CFR 414.32, as amended to September 15, 1992 May 12, 1999, which will be covered by the APG–based prospective payment system, except as indicated herein. As a result, combined billing for physician services is eliminated unless the hospital has approval from the Health Care Financing Administration (HCFA) Centers for Medicare and Medicaid Services (CMS) to combine bills. Teaching hospitals having HCFA’s CMS’s approval to receive reasonable cost reimbursement for physician services under 42 CFR 415.58, as amended to November 25, 1991 415.55, as amended to December 8, 1995, are eligible for combined billing status if they have filed the approval notice with the Medicaid fiscal agent. Reasonable cost settlement for teaching physicians for those costs not included in the APG cost–finding process will be made during the year–end settlement process. Services provided by certified nurse anesthetists (CRNAs) employed by a physician are covered by physician reimbursement. Payment for the services of CRNAs employed by the hospital are included in the hospital’s reimbursement.

Amend paragraph “j,” second unnumbered paragraph, as follows:

Inflation of base payment amounts by the Data Resources, Inc. hospital market basket index shall be performed annually, subject to legislative appropriations. Base amounts shall be rebased and APG weights recalibrated every three years. Cost reports used will be hospital fiscal year–end reports within the calendar year ending no later than December 31, 1998 2001. Case–mix indices shall be calculated using valid claims most nearly matching each hospital’s fiscal year end. The graduate medical education and disproportionate share fund shall be updated as provided in subparagraph 79.1(16)“v”(3).

Amend paragraph “p” as follows:

p. Cost report adjustments. Hospitals with 1998 2001 cost reports adjusted by Medicare through the cost settlement process for cost reports applicable to the APG base year may appeal to the department the hospital–specific base cost used in calculating the Medicaid APG rates if the Medicare adjustment results in a material change to the rate. Any appeal of the APG rate due to Medicare’s adjustment process must be made in writing to the department within 30 days of Medicare’s finalization and notification to the provider. If the provider does not notify the department of the adjusted amounts within the 30–day period, no costs shall be reconsidered for adjustment by Iowa Medicaid. Claims adjustment reflecting the changed rates shall only be made to claims that have been processed within one year prior to the notification from the provider or the beginning of the rebasing period, whichever is less.

Amend paragraph “t” as follows:

t. Limitations on payments. Ambulatory patient groups, as well as other outpatient services, are subject to upper limits rules set forth in Sections 42 CFR 447.321, as amended to September 5, 2001, and 447.325, as amended to July 28, 1987 January 26, 1993. Requirements under these sections state that in general, Medicaid may not make payments to providers that would exceed the amount that would be payable to providers under comparable circumstances under Medicare. In aggregate, the total Medicaid payments may not exceed the total payments received by all providers from recipients, carriers or intermediaries for providing comparable services under comparable circumstances under Medicare.

Amend paragraph “u” as follows:

u. PRO review. For outpatient claims with dates of service ending July 1, 1994, and after, the PRO will review a yearly random sample of at least 500 hospital outpatient service cases performed for Medicaid recipients and identified on fiscal agent claims data from all Iowa and bordering state hospitals in accordance with the terms in the contract between the department and the PRO. The PRO will perform review activities on all APG categories for concerns relating to admission review, quality review, and APG validation. Questionable cases will be referred to a physician reviewer for concerns relating to medical necessity and quality of care. The PRO will also conduct a retrospective review of hospital claims assessing observation bed status lasting more than 24 hours. The review will consist of an evaluation for the appropriateness of the admission and continued stay in the observation bed status. Questionable cases will be referred to a physician reviewer for determination of the medical necessity.

Pursuant to the authority of Iowa Code section 135B.7, the Department of Inspections and Appeals hereby gives Notice of Intended Action to amend Chapter 51, “Hospitals,” Iowa Administrative Code.

These amendments propose a new rule to set minimum standards for construction in hospitals and on–site premises licensed under Iowa Code chapter 135B. Standards outlined in The American Institute of Architects Academy of Architecture for Health, 2001 edition, are proposed. The proposed rule was drafted in consultation with the Hospital Licensing Board and the State Fire Marshal’s office. Also, an incorrect reference to the State Building Code was discovered during the rules review process and is being corrected in rule 51.51(135B).

The Hospital Licensing Board approved these amendments on October 24, 2001.

Any interested person may make written comments or suggestions on the proposed amendments on or before February 26, 2002. Written materials should be addressed tothe Director, Department of Inspections and Appeals, Lucas State Office Building, East 12th and Grand Avenue, Des Moines, Iowa 50319–0083. Faxes may be sent to (515) 242–6863; E–mail may be sent to jcurtis@dia.state.ia.us.

A public hearing to receive comments about the proposed amendments will be held on February 26, 2002, at 9 a.m. in Conference Room 319, 3rd floor, Lucas State Office Building. Individuals interested in providing comments at the hearing should contact Jan Curtis at (515)281–7250 by4 p.m. on February 22, 2002, to be placed on the hearing agenda.

These amendments are intended to implement Iowa Code section 135B.7.

The following amendments are proposed.

ITEM 1. Amend paragraph 51.51(2)“d” as follows:

d. State Building Code, 1997 1994 edition.

ITEM 2. Adopt the following new rule 481— 51.52(135B) and renumber existing rule 481— 51.52(135B) as 481—51.53(135B):

481—51.52(135B) Minimum standards for construction. Hospitals and off–site premises licensed under this chapter shall be built in accordance with these construction requirements. This rule applies to plans approved by the state fire marshal, or local authority having jurisdiction, after [date to be inserted] for new construction, renovations, additions, functional alterations, or changes in utilization to existing facilities.

51.52(1) Variances. Certain patient populations, conditions in the area, or the site may justify variances. In specific cases, variances to the rules may be granted by the director of the Iowa department of inspections and appeals after the following conditions are met:

a. The design and planning for the specific property shall offer improved or compensating features which provide equivalent desirability and utility;

b. Alternate or special construction methods, techniques, and mechanical equipment shall offer equivalent durability; utility; safety; structural strength and rigidity; sanitation; odor control; protection from corrosion, decay and insect attack; and quality of workmanship;

c. The health, safety or welfare of any patient shall not be endangered;

d. Variations are limited to the specific project under consideration and shall not be construed as establishing a precedent for similar acceptance in other cases;

e. Occupancy and function of the building shall be considered; and

f. Type of licensing shall be considered.

51.52(2) General requirements. Hospitals shall comply with the following guidelines and codes in the development of their building plans and construction of their facilities:

a. “Guidelines for Design and Construction of Hospital and Healthcare Facilities,” 2001 edition, The American Institute of Architects Academy of Architecture for Health, with assistance from the U.S. Department of Health and Human Services.

b. “The Model Energy Code,” 1992 edition, Council of American Building Officials.

c. Special design considerations for persons with disabilities (patients, staff, and visitors) American National Standards Institute No. A117.1 and the Americans with Disabilities Act, Titles II and III.

d. State Building Code, 1994 edition.

51.52(3) Life safety code. Facilities and construction shall be in accordance with National Fire Protection Asso–ciation (NFPA) Standard 99 (Standards for Health CareFacilities–1999 edition), Standard 101 (Life Safety Code– 1985 edition), and rules of local authorities. Facilities and construction shall be approved by the state fire marshal or local authority having jurisdiction.

51.52(4) Elevator requirements.

a. All facilities where either resident beds or other facilities for patients are not located on the first floor shall have electric or electrohydraulic elevators. The first floor is the floor first reached from the main front entrance.

b. Elevators shall comply with division of labor services rules as promulgated under Iowa Code chapter 89A and 875—Chapters 71 to 77.

51.52(5) Plumbing requirements. All plumbing and other pipe systems shall be designed and installed in accordance with the requirements of the Iowa Plumbing Code, 1996 edition, and applicable provisions of local ordinances.

51.52(6) Mechanical requirements. Steam and hot water heating and domestic water heating systems shall comply with division of labor services rules promulgated under Iowa Code chapter 89 and 875—Chapters 204 to 209.

51.52(7) Electrical requirements. All electrical and electronic systems shall comply with NFPA Standard 70 National Electrical Code, 1996 edition.

51.52(8) Radiology suite. The suite shall be designed and equipped in accordance with the following references:

a. National Council on Radiation Protection and Measurements Reports (NCRP), Nos. 33 and 49.

b. Iowa department of public health 641—Chapters 38 to 41.

51.52(9) Waste processing services—storage and disposal. In lieu of the waste processing service requirements in the “Guidelines for Design and Construction of Hospital and Healthcare Facilities” in paragraph 51.52(2)“a,” space and facilities shall be provided for the sanitary storage anddisposal of waste by incineration, mechanical destruction, compaction, containerization, removal or a combinationof these techniques. These techniques must comply withthe following environmental protection commission rules: rules 567—64.2(455B) and 64.3(455B); solid waste requirements of rules 567—101.1(455B,455D), 102.1(455B), and 104.1(455B), and 567—Chapters 106, 118 and 119; and air quality requirements of 567—subrules 22.1(1) and 23.4(12).

51.52(10) Codes and standards. See 481—subrule 51.50(10).

Pursuant to the authority of Iowa Code section 505.8, the Insurance Division hereby proposes to amend Chapters 35, “Accident and Health Insurance,” Chapter 71, “Small Group Health Benefit Plans,” and Chapter 75, “Iowa Individual Health Benefit Plans,” Iowa Administrative Code.

The purpose of these amendments is to simplify the rules on contraceptive coverage and maintenance of the chapters.

Any person may make written comments on these proposed amendments on or before February 26, 2002. These comments should be directed to Jerry Wickersham, Insurance Division, 330 Maple Street, Des Moines, Iowa 50319–0065. Comments may also be transmitted by fax to (515)281–3059 or by E–mail to jerry.wickersham@iid.state. ia.us.

A public hearing will be held at 10 a.m. on February 26, 2002, at the offices of the Insurance Division, 330 Maple Street, Des Moines, Iowa 50319. Persons wishing to provide oral comments should contact Jerry Wickersham no later than February 24, 2002, to be placed on the agenda.

These amendments are intended to implement Iowa Code section 514C.19.

The following amendments are proposed.

ITEM 1. Amend subrule 35.39(1) as follows:

35.39(1) A carrier or organized delivery system that provides benefits for outpatient prescription drugs or devices shall provide benefits for prescription contraceptive drugs or prescription contraceptive devices which prevent conception and are approved by the United States Food and Drug Administration or generic equivalents approved as substitutable by the United States Food and Drug Administration. The covered drugs and devices are as follows:

ITEM 2. Amend subrule 71.24(1) as follows:

71.24(1) A carrier or organized delivery system that provides benefits for outpatient prescription drugs or devices shall provide benefits for prescription contraceptive drugs or prescription contraceptive devices which prevent conception and are approved by the United States Food and Drug Administration or generic equivalents approved as substitutable by the United States Food and Drug Administration. The covered drugs and devices are as follows:

ITEM 3. Amend subrule 75.18(1) as follows:

75.18(1) A carrier or organized delivery system that provides benefits for outpatient prescription drugs or devices shall provide benefits for prescription contraceptive drugs or prescription contraceptive devices which prevent conception and are approved by the United States Food and Drug Administration or generic equivalents approved as substitutable by the United States Food and Drug Administration. The covered drugs and devices are as follows:

Pursuant to the authority of Iowa Code sections 17A.3(1)“b” and 16.5(17), the Iowa Finance Authority hereby gives Notice of Intended Action to amend Chapter 15, “Housing Assistance Fund (HAF),” Iowa Administrative Code.

The purpose of this amendment is to delete, in its entirety, the definition of “hard–to–house populations” found in Chapter 15. This definition, although contained in Chapter 15, is not of practical effect, as there is no reference to this defined term in Chapter 15. Thus, deletion of this defined term will not affect the programs and operation of Chapter 15.

The Authority will receive written comments on the proposed amendment until 4:30 p.m. on February 26, 2002. Comments may be addressed to James Smith, Special Assistant, Iowa Finance Authority, 100 East Grand Avenue, Suite 250, Des Moines, Iowa 50309. Comments may be faxedto James Smith at (515)242–4957. Comments may be E–mailed to James Smith at james.smith@ifa.state.ia.us. Persons who wish to comment orally on this amendment should contact James Smith at (515) 242–4990.

This amendment is intended to implement Iowa Code sections 15.283 to 15.287, 16.4(3), 16.5, 16.10, 16.40, 16.100, 17A.12 and 17A.16.

The following amendment is proposed.

Amend rule 265—15.6(16) by deleting the definition of “hard–to–house populations.”

Pursuant to the authority of Iowa Code section 136C.3, the Department of Public Health hereby gives Notice of Intended Action to amend Chapter 38, “General Provisions for Radiation Machines and Radioactive Materials”; Chapter 39, “Registration of Radiation Machine Facilities, Licensure of Radioactive Materials and Transportation of Radioactive Materials”; Chapter 40, “Standards for Protection Against Radiation”; Chapter 41, “Safety Requirements for the Use of Radiation Machines and Certain Uses of Radioactive Materials”; Chapter 42, “Minimum Certification Standards for Diagnostic Radiographers, Nuclear Medicine Technologists, and Radiation Therapists”; Chapter 43, “Minimum Requirements for Radon Testing and Analysis”; Chapter 44, “Minimum Requirements for Radon Mitigation”; Chapter 45, “Radiation Safety Requirements for Industrial Radiographic Operations”; and Chapter 46, “Minimum Requirements for Tanning Facilities,” Iowa Administrative Code.

The following itemize the proposed changes.

Items 1, 19, 25, 60, and 77 amend the rules to reflect current federal regulations.

Item 2 rescinds the definition of “working level,” which is already defined in Chapter 43, and “working level month,” which is already defined in Chapter 44. Item 2 also amends the definition of “major processor” to correct a cross reference and amends the definition of “written directive” to include orders for radiopharmaceutials, which had been previously omitted. Item 2 also adds definitions for “direct supervision” and “high–level radioactive waste,” which were not defined previously, in order to make the use uniform in all chapters.

Items 3, 11, 37, 41, 43, 44, 45, 71, and 76 correct cross references.

Item 4 rescinds rule 641—38.5(136), the content of which has been incorporated into 641—38.9(136) for clarity.

Item 5 corrects the agency address.

Items 6, 12, and 13 clarify that certain fees are nonrefundable because the cost to issue a refund check exceeds the initial fee.

Items 7 and 8 add new fees for a facility follow–up visit to verify correction of violations, annual registration of health physics services in mammography, and annual accreditation certification of a mammography facility. These fees are used directly by the mammography program to cover costs.

Items 9, 10, and 14 add wording that refers directly to the fee schedule currently in use.

Items 15, 58, and 59 rescind subrules the content of which has been incorporated into Chapters 38 and 39 in order to make Chapters 38 and 39 stand–alone chapters. Responsibility for these chapters has been moved to another bureau.

Item 16 amends the catchwords of rule 641—38.9(136), which pertains to administrative enforcement actions.

Items 17 and 18 specify enforcement actions previously stated in an agency policy.

Item 20 corrects cross references to reflect current federal code.

Item 21 adds new subrule 40.36(5), which contains wording stricken from subrule 45.1(12) in Item 63.

Item 22 changes where the individual monitoring device should be worn in accordance with industry standards.

Item 23 adds the words “or registrant” to subrules 40.90(1) and 40.90(2) to include all regulated entities.

Item 24 corrects a cross reference.

Item 26 clarifies how long records should be kept.

Item 27 adds new requirements for fluoroscopic equipment. This change is the result of documented burns resulting from radiation exposure during medical procedures.

Item 28 allows monitoring devices that are newer to the industry. It also requires that when monitoring is conducted a second time, the same procedure is followed as the first time.

Item 29 amends 41.2(17)“b”(1) to require that all settings used, not just frequently used settings, must be checked. This is to improve the quality of dose calibrator checks.

Items 30 and 31 replace subrules 41.2(31) and 41.2(33) with new subrules that reflect changes in federal requirements.

Item 32 requires that nuclear medicine technologists meet the requirements in Chapter 42. This was omitted when the requirements of Chapter 42 went into effect in 1992.

Item 33 rescinds a grandfathering clause that ended December 31, 1999.

Item 34 adds requirements to allow radiological technologists to become qualified instructors since many radiological technologists conduct training.

Item 35 changes the frequency of image monitoring to ensure image quality.

Item 36 corrects a misspelled word.

Items 37 to 44 amend Chapter 41 to allow training hours approved by the agency to be used to meet requirements. This allows hours that are not submitted specifically to the AMA to be used to meet requirements.

Item 46 adds a requirement that physicians interpreting radiographs in Iowa show proof of Iowa licensure. This is to ensure that physicians working temporarily in Iowa are qualified.

Items 47 to 49 set forth in rules current agency policies as requested by the legislature.

Items 50 and 51 move training program requirements in rule 641—42.2(136) and expand them by adding policies currently in use by the agency.

Item 52 clarifies permit requirements for operators of dual imaging devices, a new device in the industry.

Item 53 strikes the clinical requirements in 42.3(4)“a.” These requirements are now included in new subrule 42.2(6).

Items 54, 55, and 57 move requirements for clinical experience that were in the wrong subrules.

Item 56 clarifies who may supervise clinical experience.

Items 61, 65, 67, 68, 70, 72, and 73 amend wording to reflect the new definition of “direct supervision.” Items 61 and 72 also rescind definitions of “personal supervision.”

Items 62, 63, 64, 66, 69, 74, 75, and 76 correct the name of a monitoring device and amend wording to include “individual monitoring device,” which is more inclusive.

Items 78 and 79 replace current lists of photosensitizing agents with a more user–friendly list and require that this list be used by operators. During inspections of facilities, it was noted that consumers were not reading the current lists because of the terminology used.

These rules are subject to waiver pursuant to the Department’s exemption provision contained at 641—38.3(136C). For this reason, the Department has not provided a specific provision for waiver of these particular rules.

Any interested person may make written suggestions or comments on these proposed amendments prior to the close of business on February 26, 2002. Such written materials should be directed to Donald A. Flater, Chief, Bureau of Radiological Health, Department of Public Health, 401 SW 7th Street, Suite D, Des Moines, Iowa 50309–4611; fax (515) 725–0318; or E–mail: dflater@idph.state.ia.us.

A public hearing will be held on February 26, 2002, at 8:30 a.m. in the Conference Room, Department of Public Health, 401 SW 7th Street, Suite D, Des Moines, Iowa, at which time persons may present their views orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

Any person who plans to attend the public hearing and has special requirements such as those related to hearing or mobility impairments should contact the Department to advise of specific needs.

These amendments are intended to implement Iowa Code chapter 136C.

The following amendments are proposed.

ITEM 1. Amend subrule 38.1(2) as follows:

38.1(2) All references to Code of Federal Regulations (CFR) in this chapter are those in effect as of July 4, 2001 May 8, 2002.

ITEM 2. Amend rule 641—38.2(136C) as follows:

Rescind the definitions of “working level” and “working level month.”

Amend the following definitions:

“Major processor” means a user processing, handling, or manufacturing radioactive material exceeding Type A quantities as unsealed sources or material, or exceeding four times Type B quantities as sealed sources, but does not include nuclear medicine programs, universities, industrial radiographers, or small industrial programs. Type A and B quantities are defined in 641—subrule 39.5(2) this rule.

“Written directive” means an order in writing for a specific patient or human research subject, dated and signed by an authorized user or individual qualified by training and experience to conduct particle accelerator or X–ray therapy prior to the administration of a radiopharmaceutical or radiation prior to the administration of a radiopharmaceutical or by an individual qualified by training and experience to conduct particle accelerator therapy or radiation for X–ray therapy, except as specified in paragraph “6” of this definition, containing the following information:

1. to 6. No change.

Adopt the following new definitions in alphabetical order:

“Direct supervision” means guidance and instruction by a qualified individual who is physically present and watching the performance of the radiological operation or procedure and in such proximity that contact can be maintained and immediate assistance can be given as required.

“High–level radioactive waste” or “HLW” means (1) irradiated reactor fuel; (2) liquid wastes resulting from the operator of the first cycle solvent extraction system, or equivalent, and the concentrated wastes from subsequent extraction cycles, or equivalent, in a facility for reprocessing irradiated reactor fuel; and (3) solids into which such liquid wastes have been converted.

ITEM 3. Amend subrule 38.4(4), paragraph “b,” intro–ductory paragraph, as follows:

b. If it is more convenient to measure the neutron fluence rate than to determine the neutron dose equivalent rate in sievert per hour or rem per hour, as provided in 38.4(4)“c,” 38.4(4)“a,” 1 rem (0.01 Sv) of neutron radiation of unknown energies may, for purposes of these rules, be assumed to result from a total fluence of 25 million neutrons per square centimeter incident upon the body. If sufficient information exists to estimate the approximate energy distribution of the neutrons, the licensee or registrant may use the fluence rate per unit dose equivalent or the appropriate Q value from Table II to convert a measured tissue dose in gray or rad to dose equivalent in sievert or rem.

ITEM 4. Rescind and reserve rule 641—38.5(136C).

ITEM 5. Amend subrule 38.7(1) as follows:

38.7(1) All communications and reports concerning these rules, and applications filed thereunder, should be addressed to the agency at its office located at the Iowa Department of Public Health, Bureau of Radiological Health, Lucas State Office Building, Des Moines, Iowa 50319 401 SW 7th Street, Suite D, Des Moines, Iowa 50309–4611.

ITEM 6. Amend subrule 38.8(1), paragraph “a,” intro–ductory paragraph, as follows:

a. Each registrant shall, at the time of registration and the anniversary date thereafter, as long as the registrant owns the radiation machine, remit to the agency a nonrefundable fee sufficient to defray the cost of registering the equipment with the department. All fees shall be paid annually in the form of a check or money order made payable to the Iowa Department of Public Health. The fees to be paid shall be in the amount computed by the following schedule:

ITEM 7. Amend subrule 38.8(1), paragraph “b,” subparagraph (1), as follows:

(1) Mammography unit inspections fees:

• $850 for the first unit and, if the facility has additional units at the address of the first unit, a fee of $300 for each additional unit; or

• $850 per portable unit for each site where the unit is off–loaded and used and where the processing and patient films are stored; or

• Dollar amount to be determined and justified by the department on a case–by–case basis for facilities which do not meet the above criteria. ; or

ITEM 8. Amend subrule 38.8(1) by adopting new paragraphs “d” and “e” as follows:

d. Each person engaged in providing health physics services in mammography in Iowa, who meets the requirements of 641—paragraph 41.6(3)“c” and is deemed qualified by this agency, must submit a $35 annual listing fee to this agency.

e. All mammography facilities providing services in Iowa must submit a $50 annual accreditation certification fee.

ITEM 9. Amend subrule 38.8(2), paragraph “a,” subparagraph (1), as follows:

(1) Fees associated with licensing of the possession and use of radioactive materials in Iowa shall not exceed those specified in 10 CFR 170.31. The radioactive materials fee schedule is available through the agency.

ITEM 10. Amend subrule 38.8(2), paragraph “b,” subparagraph (1), as follows:

(1) After completion of an inspection, an inspection fee shall be assessed to a facility based on the fees for inspection, which shall not exceed those found in 10 CFR 170.32 entitled, “Schedule of Fees for Health and Safety, and Safeguards Inspections for Materials Licenses.” The radioactive materials fee schedule is available through the agency.

ITEM 11. Amend subrule 38.8(3), paragraph “b,” as follows:

b. A fee of $25 shall be submitted in order to replace lost identification cards issued to industrial radiographers by the agency pursuant to 641—subrule 45.11(3) 641—subrule 45.1(10).

ITEM 12. Amend subrule 38.8(6), paragraph “a,” as follows:

a. Annual fee. Each individual must submit a $45 initial fee for the first year and $35 annually. These fees are nonrefundable.

ITEM 13. Amend subrule 38.8(6), paragraph “d,” as follows:

d. Continuing education late fee. Any individual who will not complete the required continuing education before the continuing education due date and wishes to submit a plan of correction as set forth in 641—subparagraph 42.2(3)“g”(2) shall submit a nonrefundable fee of $25 along with the written plan of correction.

ITEM 14. Amend subrule 38.8(8), paragraph “b,” as follows:

b. Radioactive materials. Out–of–state persons wishing to bring sources of radioactive material into Iowa for business purposes may be subject to a reciprocity fee depending on the type of activity to be performed and the type of radioactive materials license possessed (refer to 641—subrule 39.4(90)). If a reciprocity fee is applicable, it shall be assessed at the rate for reciprocity specified in 38.8(2) the radioactive materials fee schedule available through the agency for each 365–day reciprocity period. In addition, if the agency performs an inspection of the out–of–state person’s activities while in Iowa, the appropriate inspection fee as specified in 38.8(2) the radioactive materials fee schedule will be assessed.

ITEM 15. Rescind and reserve subrules 38.8(9) and 38.8(10).

ITEM 16. Amend rule 641—38.9(136C), catchwords, as follows:

ITEM 17. Amend subrule 38.9(2) by adopting new paragraphs “c” to “f” as follows:

c. Violations are categorized according to five levels of severity, which are:

(1) Severity Levels I and II: Violations are of very significant regulatory concern involving actual or high potential impact on the public health and safety.

(2) Severity Level III: Violations are cause for significant concern.

(3) Severity Level IV: Violations are less serious but are of more than minor concern and that, if left uncorrected, could lead to a more serious health and safety concern.

(4) Severity Level V: Violations are of minor safety or environmental concern.

d. A group of violations may be evaluated in the aggregate and assigned a single higher severity level if the violations have the same underlying cause or if the violations contributed to or were unavoidable consequences of the underlying problem.

e. The severity level of a violation may be increased if the violation can be considered a repetitive violation. The term “repetitive violation” or “similar violation” means a violation that reasonably could have been prevented by a regulated entity’s corrective action for a previous violation normally occurring within the past two years of the inspection at issue or the period within the last two inspections, whichever is longer.

f. The severity level of a violation may be increased if the violation involves casual disregard of requirements, deception, or other indications of willfulness. The term “willfulness” is that characteristic of violations ranging from deliberate intent to violate or falsify to intentional disregard for regulatory requirements.

ITEM 18. Adopt new subrule 38.9(8) as follows:

38.9(8) Impounding. The agency may impound or order the impounding of radioactive material in the possession of a person who fails to observe the provisions of Iowa Code chapter 136C, or any rules, license or registration conditions, or orders issued by this agency.

a. If agency action is necessary to protect the public health and safety, no prior notice need be given the owner or possessor. If agency action is not necessary to protect the public health and safety, the agency will give to either the owner or the possessor of the source of radiation written notice of the intention to impound the source of radiation.

(1) Either the owner or the possessor shall have 20 days from the date of personal service of certified mailing to request a hearing, except in the case where the regulated entity has consented in writing to the impoundment.

(2) If a hearing is requested, the agency will issue an order designating the time and place of hearing.

b. At the agency’s direction, the impounded sources of radiation may be disposed of by:

(1) Returning the source of radiation to a properly licensed or registered owner that did not cause the emergency;

(2) Returning the source of radiation to a licensee or registrant after the emergency is over and after settlement of any compliance action; or

(3) Selling, destroying, or disposing of the source of radiation in another manner within the agency’s discretion.

ITEM 19. Amend subrule 39.1(3) as follows:

39.1(3) All references to any Code of Federal Regulations (CFR) in this chapter are those in effect as of July 4, 2001 May 8, 2002.

ITEM 20. Amend rule 641—39.5(136C) as follows:

641—39.5(136C) Transportation of radioactive material. All persons who transport radioactive material or deliver radioactive material to a carrier for transport must comply with the applicable provision contained in 10 CFR Part 71 as it applies to the state of Iowa. and 49 CFR Parts 170 through 189.

ITEM 21. Amend rule 641—40.36(136C) by adopting the following new subrule:

40.36(5) After replacement, each film badge, TLD, or OSL device must be returned to the supplier for processing within 14 calendar days of the exchange date specified by the personnel monitoring supplier.

ITEM 22. Amend subrule 40.37(3), paragraph “a,” as follows:

a. An individual monitoring device used for monitoring the dose to the whole body shall be worn at the unshielded portion of the whole body likely to receive the highest exposure. When a protective apron is worn, the location of the individual monitoring device is typically at the neck (collar); shall be near the midline of the body, under the apron;

ITEM 23. Amend subrules 40.90(1) and 40.90(2) as follows:

40.90(1) Each record required by Chapter 40 shall be legible throughout the specified retention period. The record shall be the original or a reproduced copy or a microform, provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of producing a clear copy throughout the required retention period, or the record may also be stored in electronic media with the capability for producing legible, accurate, and complete rec–ords during the required retention period. Records, such as letters, drawings, and specifications, shall include all pertinent information, such as stamps, initials, and signatures. The licensee or registrant shall maintain adequate safeguards against tampering with and loss of records.

40.90(2) The licensee or registrant shall retain the rec–ords required by Chapter 40 until the agency terminates each pertinent license or registration requiring the record.

ITEM 24. Amend subrule 40.112(1), introductory paragraph, as follows:

40.112(1) Radiation exposure data for an individual and the results of any measurements, analyses, and calculations of radioactive material deposited or retained in the body of an individual shall be reported to the individual as specified in this subrule 40.112(2). The information reported shall include data and results obtained pursuant to these rules, orders, or license conditions, as shown in records maintained by the licensee or registrant pursuant to 40.86(136C). Each notification and report shall:

ITEM 25. Amend subrule 41.1(1) as follows:

41.1(1) Scope. This rule establishes requirements, for which a registrant is responsible, for use of X–ray equipment by or under the supervision of an individual authorized by and licensed in accordance with state statutes to engage in the healing arts or veterinary medicine. The provisions of Chapter 41 are in addition to, and not in substitution for, any other applicable portions of 641—Chapters 38 to 42. All references to any Code of Federal Regulations (CFR) in this chapter are those in effect as of July 4, 2001 May 8, 2002.

ITEM 26. Amend subrule 41.1(3), paragraph “c,” as follows:

c. X–ray utilization log. Except for veterinary facilities, each facility shall maintain an X–ray log containing the patient’s name, the type of examinations, the dates the examinations were performed, the name of the individual performing the X–ray procedure, and the number of exposures and retakes involved. When the patient or film must be provided with human auxiliary support, the name of the human holder shall be recorded. These records shall be kept until the facility is inspected by this agency or until all films listed on the utilization log have been purged.

ITEM 27. Amend subrule 41.1(5) by adopting new paragraph “k” as follows:

k. Dose–area–product monitor requirements.

(1) All fluoroscopic equipment installed after July 1, 2002, and used for special procedures (e.g., pacemaker implantation, diagnostic cardiac procedures (catheterization), and therapeutic cardiac procedures (angioplasty–balloon; stent; directional coronary atherectomy; rotational atherectomy; laser atherectomy; radio frequency ablation; and intravascular brachytherapy)) shall be equipped with a dose–area–product monitor capable of recording the total radiation dose received by a patient when the fluoroscopic tube is used. Equipment used and installed prior to July 1, 2002, shall be retrofitted with the radiation exposure device by January 1, 2004.

(2) Each facility using fluoroscopic equipment for special procedures shall include in the patient’s chart and in a log for agency review the patient radiation exposure received per procedure. Adult doses that exceed 300 rads and doses for children (under the age of 18) that exceed 100 rads must be reviewed by the facility’s radiation safety committee. The review must document the reason why a dose exceeded 300 rads for adults or 100 rads for children, and the reason must be documented in the committee’s minutes. If a facility does not have a radiation safety committee, the facility must provide the agency, within 30 days of the event, documentation stating why the patient’s dose exceeded 300 rads for adults or 100 rads for children. Also, if the patient doses noted above are exceeded, the physician performing the procedure must do a follow–up examination of the patient to determine if there is any evidence of dose recorded reaction and to ensure that proper treatment is rendered.

(3) All fluoroscopic radiation detection devices required in this subrule shall be calibrated annually or after repair or replacement.

ITEM 28. Amend subrule 41.1(9), paragraph “b,” as follows:

b. Film badges, OSL devices, or TLDs must be issued for the first six months to all personnel operating the unit. If monitoring indicates no exposure, the IDPH may allow discontinuance of monitoring upon written request. When new procedures are started that have not been previously monitored, monitoring must be reinstated for six months and another request for discontinuance submitted to the agency.

ITEM 29. Amend subrule 41.2(17), paragraph “b,” subparagraph (1), as follows:

(1) Check each dose calibrator for constancy with a dedicated check source at the beginning of each day of use. To satisfy the this requirement of this section, the check shall be done on frequently used settings with a sealed source of not less than 10 microcuries (370 kBq) or radium–226 or 50 microcuries (1.85 MBq) of any other photon–emitting radionuclide with a half–life greater than 90 days;

ITEM 30. Rescind subrule 41.2(31) and adopt the following new subrule in lieu thereof:

41.2(31) Use of radiopharmaceuticals for uptake, dilution, or excretion studies. The licensee may use for uptake, dilution, excretion and imaging studies any unsealed by–product material prepared for medical use that is either:

a. Obtained from a manufacturer or preparer licensed pursuant to 641—paragraph 39.4(29)“j” or equivalent U.S. Nuclear Regulatory Commission or agreement state requirements; or

b. Prepared by an authorized nuclear pharmacist, a physician who is an authorized user and who meets the requirements specified in 41.2(67), or an individual under the supervision of either as specified in 41.2(11).

ITEM 31. Rescind subrule 41.2(33) and adopt the following new subrule in lieu thereof:

41.2(33) Use of radiopharmaceuticals, generators, and reagent kits for imaging and localization studies. The licensee may use for imaging and localization studies any unsealed by–product material prepared for medical use that is either:

a. Obtained from a manufacturer or preparer licensed pursuant to 641—paragraph 39.4(29)“j” or equivalent U.S. Nuclear Regulatory Commission or agreement state requirements; or

b. Prepared by an authorized nuclear pharmacist, a physician who is an authorized user and who meets the requirements specified in 41.2(68), or an individual under the supervision of either as specified in 41.2(11).

ITEM 32. Adopt new subrule 41.2(80) as follows:

41.2(80) Training for nuclear medicine technologists.

a. Nuclear medicine technologists shall meet the requirements of 641—42.4(136C).

b. The individual’s permit to practice shall be posted in the immediate vicinity of the general work area and visible to the public.

ITEM 33. Rescind paragraph 41.3(6)“f.”

ITEM 34. Amend subrule 41.6(1), definition of “qualified instructor,” as follows:

“Qualified instructor” means individuals whose training and experience adequately prepare them to carry out specified training assignments. Interpreting physicians, radiologic technologists, or medical physicists who meet the requirements of 41.6(3) would be considered qualified instructors in their respective areas of mammography. Radiological technologists who meet the requirements of 41.6(3) and have passed a state–approved mammography examination such as the examination given by the American Registry of Radiography Technologists would be considered qualified instructors in their respective areas of mammography. The examination would include, but not necessarily be limited to: breast anatomy and physiology, positioning and compression, quality assurance/quality control techniques, and imaging of patients with breast implants. Other examples of individuals who may be qualified instructors for the purpose of providing training to meet the regulations of this chapter include, but are not limited to, instructors in a post–high school training institution and manufacturers’ representatives.

ITEM 35. Amend subrule 41.6(5), paragraph “f,” subparagraph (2), as follows:

(2) Image quality shall be monitored at least monthly weekly with a phantom and every time the unit is altered including the replacement of parts.

ITEM 36. Amend subrule 41.6(6), paragraph “i,” subparagraph (2), as follows:

(2) Find Fine adjustment compression controls operable from both sides of the patient.

ITEM 37. Amend subrule 41.7(3), paragraph “a,” subparagraph (1), as follows:

(1) Initial training and qualifications.

1. Must be qualified according to 41.6(3)“b.” 41.6(3)“a.”

2. Shall have performed at least 12 stereotactically guided breast biopsies prior to July 1, 1998, or at least 3 hands–on stereotactically guided breast biopsies under a physician who is qualified under 41.6(3)“b” 41.6(3)“a” and has performed at least 24 stereotactically guided breast biopsies.

3. Shall have at least three hours of Category 1 CME or three hours of training approved by the agency in stereotactically guided breast biopsy.

4. to 6. No change.

ITEM 38. Amend subrule 41.7(3), paragraph “a,” subparagraph (2), numbered paragraph “2,” as follows:

2. Obtain at least three hours of Category 1 CME or three hours of training approved by the agency in stereotactically guided breast biopsy every three years.

ITEM 39. Amend subrule 41.7(3), paragraph “b,” subparagraph (1), numbered paragraphs “1” and “2,” as follows:

1. Must have at least three hours of Category 1 CME or three hours of training approved by the agency in stereotactically guided breast biopsy which includes instruction on triangulation for lesion location.

2. Must have performed at least 12 stereotactically guided breast biopsies prior to May 9, 2001, or at least 3 hands–on stereotactically guided breast biopsies under a physician who is both qualified to interpret mammography according to 41.6(3)“b” 41.6(3)“a” and has performed at least 24 stereotactically guided breast biopsies.

ITEM 40. Amend subrule 41.7(3), paragraph “b,” subparagraph (2), numbered paragraph “2,” as follows:

2. Obtain at least three hours of Category 1 CME or three hours of training approved by the agency in stereotactically guided breast biopsy every three years.

ITEM 41. Amend subrule 41.7(3), paragraph “c,” subparagraph (1), numbered paragraphs “1,” “2” and “4,” as follows:

1. Must be qualified according to 41.6(3)“b.” 41.6(3)“a.”

2. Initially, must have at least three hours of Category 1 CME or three hours of training approved by the agency in stereotactically guided breast biopsy.

4. Must have performed at least 12 stereotactically guided breast biopsies prior to July 1, 1998, or at least 3 hands–on stereotactically guided breast biopsy procedures under a physician who is both qualified according to 41.6(3)“b” 41.6(3)“a” and has performed at least 24 stereotactically guided breast biopsies.

ITEM 42. Amend subrule 41.7(3), paragraph “c,” subparagraph (2), numbered paragraph “2,” as follows:

2. Obtain at least three hours of Category 1 CME or three hours of training approved by the agency in stereotactically guided breast biopsy every three years which includes post–biopsy management of the patient.

ITEM 43. Amend subrule 41.7(3), paragraph “d,” subparagraph (1), numbered paragraphs “1,” “2” and “4,” as follows:

1. Must have evaluated at least 240 mammograms per year in the prior two years in consultation with a physician who is qualified according to 41.6(3)“b.” 41.6(3)“a.”

2. Initially, must have at least 15 hours of Category 1 CME or 15 hours of training approved by the agency in stereotactically guided breast imaging and biopsy or three years’ experience having performed at least 36 stereotactically guided breast biopsies.

4. Must have performed at least 12 stereotactically guided breast biopsies prior to May 9, 2001, or at least 3 hands–on stereotactically guided breast biopsy procedures under a physician who is both qualified according to 41.6(3)“b” 41.6(3)“a” and has performed at least 24 stereotactically guided breast biopsies.

ITEM 44. Amend subrule 41.7(3), paragraph “d,” subparagraph (2), numbered paragraphs “1” and “3,” as follows:

1. Continue to evaluate at least 240 mammograms per year in consultation with a physician who is qualified according to 41.6(3)“b.” 41.6(3)“a.”

3. Obtain at least three hours of Category 1 CME or three hours of training approved by the agency in stereotactically guided breast biopsy every three years.

ITEM 45. Amend subrule 41.7(5), paragraph “a,” as follows:

a. Must be qualified according to 41.6(3)“d.” 41.6(3)“b.”

ITEM 46. Amend 641—Chapter 41, Appendix C, numbered paragraph “11,” as follows:

11. The name and address of the individual physician who will interpret the radiograph(s) and a copy of the physician’s license to practice in Iowa.

ITEM 47. Amend subrule 42.2(2) by adopting new paragraph “g” as follows:

g. Failing to pay fees or costs required to meet the requirements of this chapter.

ITEM 48. Amend subrule 42.2(3), paragraph “b,” by adopting new subparagraph (5) as follows:

(5) No continuing education credit is approved for passing a certification examination.

ITEM 49. Amend subrule 42.2(3), paragraph “e,” as follows:

e. It is required that proof of receiving continuing education be retained at each individual’s place of employment for review by representatives of the department. Proof of continuing education must be maintained for at least three years. Proof of continuing education may be a sign–in sheet, certificate, or answer sheet. It must be signed and dated by the presenter, program representative, or the individual’s supervisor.

ITEM 50. Rescind subrule 42.2(4), paragraph “d.”

ITEM 51. Adopt new subrule 42.2(6) as follows:

42.2(6) Training programs.

a. Any individual wishing to train an individual as a diagnostic radiographer, nuclear medicine technologist, or radiation therapist must submit a training program to the agency for approval. The request must provide the following:

(1) An outline of the didactic and clinical studies to meet the requirements of 42.3(1), 42.4(2), or 42.5(2).

(2) List of body parts to be taught if this is a limited radiography training program.

(3) Proof that the instructor meets the requirements of this chapter as a diagnostic radiographer, nuclear medicine technologist, radiation therapist or is a licensed physician trained in the specific area of competence.

(4) A time schedule of the training program. The projected completion date of the clinical portion of the program or course of study shall be within a time period equal to or less than twice that required for the original program or course of study.

(5) A description of the mechanism to be used to determine competency.

b. Upon the completion of the training program, the following must be submitted to the agency:

(1) A statement of competency from the trainer for each area completed.

(2) A statement of permission to allow a representative of the agency to comprehensively evaluate whether the individual meets the training standard.

ITEM 52. Adopt new subrule 42.2(7) as follows:

42.2(7) Requirements for operators of dual imaging devices. When a unit is operated as a nuclear medicine imaging device, the operator must have a permit to practice as a nuclear technologist and meet the requirements of 641— 42.4(136C). When the unit is operated as a radiologic technology imaging device, the operator must have a permit to practice as a general diagnostic radiographer and meet the requirements of 641—42.3(136C).

ITEM 53. Amend subrule 42.3(4), paragraph “a,” as follows:

a. Students enrolled in and participating in an approved program or approved course of study for diagnostic radiography, or an approved school of medicine, osteopathy, podiatry, and chiropractic, who, as a part of their course of study, apply ionizing radiation to a human being while under the supervision of a licensed practitioner. The projected completion date of the clinical portion of the program or course of study shall be within a time period equal to or less than twice that required for the original program or course of study.

ITEM 54. Amend subrule 42.4(2) by adopting new paragraph “d” as follows:

d. Clinical experience must be directly supervised by a certified nuclear medicine technologist or by a physician who appears as an authorized user on an Iowa, agreement state, or U.S. Nuclear Regulatory Commission radioactive materials license. Quality assurance and quality control experience may be directly supervised by a pharmacist who appears as an authorized nuclear pharmacist on an Iowa, U.S. Nuclear Regulatory Commission, or agreement state radioactive materials license.

ITEM 55. Amend subrule 42.4(4), paragraph “a,” as follows:

a. Students enrolled in and participating in an approved program or approved course of study for nuclear medicine technology or an approved school of medicine, osteopathy, podiatry, or chiropractic who, as a part of their course of study, administer radioactive material to a human being while under the supervision of a licensed physician who appears as an authorized user on an Iowa, agreement state, or NRC radioactive materials license. Clinical experience must be directly supervised by a certified nuclear medicine technologist or by a physician who appears as an authorized user on an Iowa or NRC radioactive materials license. Quality assurance and quality control experience may be directly supervised by a nuclear pharmacist who appears as an authorized user on an Iowa, U.S. Nuclear Regulatory Commission, or agreement state radioactive materials license.