Pages 1302 to 1354 include ARC 1382B to ARC 1405B

Administrative rules review committee 1290

Schedule for rule making 1288

Publication procedures 1289

Administrative rules on CD–ROM 1289

Agency identification numbers 1300

CITATION OF ADMINISTRATIVE RULES 1287

Notice 1302

Notice, Organization, 1.2, 1.3, 2.1, 2.3, 2.4,
3.14(2), 4.1 ARC 1395B 1302

Public Safety Department[661]
Fire safety for bed and breakfast inns,
5.800 to 5.810, 5.820 Delay Lifted 1355

Notice, Purpose and organization of the board,
1.1 to 1.6; rescind ch 5 ARC 1403B 1304

Notice, Electronic storage of records,
6.14, 6.15 ARC 1402B 1306

Notice, General requirements, 10.2 to 10.5
ARC 1401B 1307

Notice, Fees, 15.1, 15.4 to 15.9 ARC 1400B 1309

Notice, Dental assistant radiography
qualification, ch 22 ARC 1404B 1310

Notice, Increase in fees—new and renewed
confinement sites and commercial manure
applicator certifications, 65.19
ARC 1384B 1312

Notice, Organic materials composting
facilities, ch 105 ARC 1387B 1312

Notice, Requirements for waste tire facilities;
beneficial uses of waste tires; waste tire
management, rescind chs 117, 219;
adopt ch 117 ARC 1386B 1318

Filed Emergency, Importation of
demanufactured appliances—not prohibited,
118.14(2) ARC 1383B 1329

Filed, Household hazardous materials,
119.2, 119.4(2), 119.7, 144.1, 144.2, 144.4;
rescind ch 210; 211.11, 211.12; rescind
ch 212; 214.1, 214.7 to 214, 214.11
ARC 1385B 1330

Filed, Petitions for rule making, ch 2
ARC 1394B 1330

Filed, Declaratory orders, ch 3
ARC 1392B 1330

Filed, Board procedure for rule making,
ch 4 ARC 1391B 1331

Filed, Claims, ch 11 ARC 1390B 1331

Filed, Guaranteed loan program, ch 12
ARC 1393B 1331

Filed, Management plan, 2.2(2) ARC 1382B 1332

Notice, Marital and family therapists and mental
health counselors—reporting of mandatory
training on identifying and reporting child
abuse or dependent adult abuse, 31.1, 31.10(2)
ARC 1389B 1326

Filed, Barbers, rescind chs 20 to 23;
adopt chs 20 to 26 ARC 1388B 1332

Summarized list 1294

Delay Lifted, Fire safety for bed and breakfast
inns, 5.800 to 5.810, 5.820 1355

Filed, Rescind chs 1 to 11; adopt chs 1 to 12
ARC 1397B 1343

Filed, Adjustments to computed tax,
42.2(10), 42.13 ARC 1396B 1343

Filed, Polling place accessibility standards,
21.50 ARC 1405B 1344

Filed, Administration; confidentiality of
attorney work product; personally identifiable
information; waivers; definitions; eligibility
guidelines for court–appointed counsel;
attorney fee contracts; claims for indigent
defense services, amend chs 1, 2, 4;
adopt chs 6, 7, 10 to 12; rescind ch 13
ARC 1398B 1350

Notice, Recreational trails program, 165.1,
165.2, 165.12(2), 165.15(1), 165.22,
165.23 ARC 1399B 1327

Notice—Public funds interest rates 1328

CITATION of Administrative Rules

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

441 IAC 79 (Chapter)

441 IAC 79.1(249A) (Rule)

441 IAC 79.1(1) (Subrule)

441 IAC 79.1(1)“a” (Paragraph)

441 IAC 79.1(1)“a”(1) (Subparagraph)

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

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

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

__________________________________

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

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

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

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

Subscriptions and Distribution Telephone: (515)242–5120
Fax: (515)242–5974

KATHLEEN K. BATES, Administrative Code Editor Telephone: (515)281–3355

STEPHANIE A. HOFF, Assistant Editor (515)281–8157

Fax: (515)281–4424

The Iowa Administrative Bulletin is sold as a separate publication and may be purchased by subscription or single copy. All subscriptions will expire on June 30 of each year. Subscriptions must be paid in advance and are prorated quarterly.

July 1, 2001, to June 30, 2002 $273.00 plus $16.38 sales tax
October 1, 2001, to June 30, 2002 $215.00 plus $12.90 sales tax
January 1, 2002, to June 30, 2002 $144.50 plus $8.67 sales tax
April 1, 2002, to June 30, 2002 $72.00 plus $4.32 sales tax

Single copies may be purchased for $20.50 plus $1.23 sales tax.

The Iowa Administrative Code and Supplements are sold in complete sets and subscription basis only. All subscriptions for the Supplement (replacement pages) must be for the complete year and will expire on June 30 of each year.

Prices for the Iowa Administrative Code and its Supplements are as follows:

Iowa Administrative Code - $1,252.75 plus $75.17 sales tax

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

Iowa Administrative Code Supplement - $440.50 plus $26.43 sales tax

(Subscription expires June 30, 2002)

All checks should be made payable to the Iowa State Printing Division. Send all inquiries and subscription orders to:

Department of General Services

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

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

TO: Administrative Rules Coordinators and Text Processors of State Agencies

FROM: Kathleen K. Bates, Iowa Administrative Code Editor

SUBJECT: Publication of Rules in Iowa Administrative Bulletin

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

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

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

kathleen.bates@legis.state.ia.us

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.

Please note that changes made prior to publication of the rule–making documents are reflected on the hard copy returned to agencies by the Governor’s office, but not on the diskettes; diskettes are returned unchanged.

Your cooperation helps us print the Bulletin more quickly and cost–effectively than was previously possible and is greatly appreciated.

Containing: Iowa Administrative Code (updated through December 2001)
Iowa Administrative Bulletins (July 2001 through December 2001)
Iowa Court Rules (effective February 15, 2002)

For free brochures and order forms contact:

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

The Administrative Rules Review Committee will hold a special meeting on Friday, March 8, 2002, at 8 a.m. in Room 116, State Capitol, Des Moines, Iowa. The following rules will be reviewed:

To All Agencies:

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

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

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

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

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

The following list will be updated as changes occur:

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Agricultural Development Authority[25]

Soil Conservation Division[27]

ATTORNEY GENERAL[61]

AUDITOR OF STATE[81]

CITIZENS’ AIDE[141]

CIVIL RIGHTS COMMISSION[161]

COMMERCE DEPARTMENT[181]

Alcoholic Beverages Division[185]

Banking Division[187]

Credit Union Division[189]

Insurance Division[191]

Professional Licensing and Regulation Division[193]

Accountancy Examining Board[193A]

Architectural Examining Board[193B]

Engineering and Land Surveying Examining Board[193C]

Landscape Architectural Examining Board[193D]

Real Estate Commission[193E]

Real Estate Appraiser Examining Board[193F]

Savings and Loan Division[197]

Utilities Division[199]

CORRECTIONS DEPARTMENT[201]

Parole Board[205]

CULTURAL AFFAIRS DEPARTMENT[221]

Arts Division[222]

Historical Division[223]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

City Development Board[263]

Iowa Finance Authority[265]

EDUCATION DEPARTMENT[281]

Educational Examiners Board[282]

College Student Aid Commission[283]

Higher Education Loan Authority[284]

Iowa Advance Funding Authority[285]

Libraries and Information Services Division[286]

Public Broadcasting Division[288]

School Budget Review Committee[289]

ELDER AFFAIRS DEPARTMENT[321]

EXECUTIVE COUNCIL[361]

GENERAL SERVICES DEPARTMENT[401]

HUMAN RIGHTS DEPARTMENT[421]

Community Action Agencies Division[427]

Criminal and Juvenile Justice Planning Division[428]

Deaf Services Division[429]

Persons With Disabilities Division[431]

Latino Affairs Division[433]

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

Status of Women Division[435]

HUMAN SERVICES DEPARTMENT[441]

INFORMATION TECHNOLOGY DEPARTMENT[471]

INSPECTIONS AND APPEALS DEPARTMENT[481]

Employment Appeal Board[486]

Foster Care Review Board[489]

Racing and Gaming Commission[491]

State Public Defender[493]

LAW ENFORCEMENT ACADEMY[501]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

NATURAL RESOURCES DEPARTMENT[561]

Energy and Geological Resources Division[565]

Environmental Protection Commission[567]

Natural Resource Commission[571]

Preserves, State Advisory Board 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 Iowa Administrative Code 361—subrule 12.2(1), the Executive Council gives Notice that the Civil Reparations Trust Fund balance as of January 23, 2002, is approximately $196,000.00. 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 17A.3 and 216A.115, the Division of Deaf Services of the Department of Human Rights hereby gives Notice of Intended Action to amend Chapter 1, “Organization,” Chapter 2, “Services and Procedures,” Chapter 3, “Public Records and Fair Information Practices,” and Chapter 4, “Forms,” Iowa Administrative Code.

These proposed amendments are intended to eliminate outdated information and procedures. Adding the words “hard–of–hearing” after the word “deaf” will align the rules with the Division’s mission. The number of Commission members required to affirm a vote will be modified from four to three to allow the chair to abstain when only a quorum of four is present. The Division’s fees for interpreting services will be amended to prevent the state from competing with the private sector.

Any interested person may make written suggestions or comments on these proposed amendments on or before March 12, 2002. Such written materials should be directed to the Administrator, Commission on the Deaf, Department of Human Rights, Lucas State Office Building, Des Moines, Iowa 50319; fax (515)242–6119.

Persons are also invited to present oral or written suggestions or comments at a public hearing which will be held on March 12, 2002, at 10 a.m. in the Eleanor Conference Room, Room 208, Second Floor, Lucas State Office Building, Des Moines, Iowa 50319. At the hearing, persons will be asked to confine their remarks to the subject of the amendments.

Any persons who intend to attend a public hearing and have special requests for reasonable accommodations should contact the Commission on the Deaf in advance of the hearing and advise of specific needs.

These amendments are intended to implement Iowa Code chapter 216A.

The following amendments are proposed.

ITEM 1. Amend rule 429—1.2(216A) as follows:

1.2(1) Location. The division of deaf services consists of a central office and three one regional offices office. Hours of operation for regional the offices are 8 a.m. to 4:30 p.m., Monday through Friday.

a. The central office is located in the Department of Human Rights, First Second Floor, Lucas State Office Building, Des Moines, Iowa 50319–0090. The telephone number is numbers are (515)281–3581, TTY, and (515)281–3164, voice and TTY.

b. Reserved.

d. Reserved.

f. The Fort Dodge regional office is located at the Warden Plaza, 920 1st Avenue South, Suite A 1728 Central Avenue, Suite 2, Fort Dodge, Iowa 50501. The telephone number is (515)955–2539, voice and TTY.

1.2(2) Method of contacting the division of deaf services. Citizens may contact the division of deaf services central or regional offices by phone, mail, fax, E–mail, or personal visits for any of the services provided unless otherwise stated under the specific service.

a. and b. No change.

1.2(3) Composition of staff.

a. No change.

b. Interpreters. The interpreters provide sign language and oral interpreting services. Pursuant to Iowa Code chapter 622B; Supreme Court Rules on Qualifications and Compensation of Interpreters, dated May 1981; and Iowa Code section 804.31, the division of deaf services interpreters shall hold a Comprehensive Skills Certificate (CSC) or a Certificate of Interpretation (CI) and Certificate of Transliteration (CT) from the Registry of Interpreters for the Deaf, Inc. Applicants that are hired as staff interpreters who do not possess a CSC or CI and CT shall attain this level of certification within six months one year of hire as a condition of employment. The interpreters plan, coordinate, and schedule requests to provide direct and contractual/referral interpreting services and coordinate contractual/referral interpreting requests when appropriate. The interpreters document services provided for statistical purposes, maintain cooperative working relationships with clients served, and perform related work as required. Advocacy issues or issues requiring assistance will be referred to the consultant or administrator.

c. Consultant. The consultant provides technical services related to deafness in the areas of housing, transportation, recreation, physical access and employment practices. The consultant is also responsible for coordinating statewide interpreting services as needed, and performing related work. The consultant acts as a liaison with elected officials, governmental agencies, human resource professionals, and local groups in order to clarify the program needs of deaf persons and to establish and maintain the plans and programs dealing with deaf and hard–of–hearing persons and their disabilities. The consultant coordinates interpreting services on a statewide basis in order to meet the communication needs of the deaf requiring expert interpreting and translating skills to available resources, and maintains a roster of interpreters and statistics regarding delivery of interpreting services. The consultant analyzes and reports data obtained on programs, issues, and services relating to the deaf and hard–of–hearing. The consultant shall be fluent in American Sign Language.

d. No change.

ITEM 2. Amend paragraph 1.3(2)“a” as follows:

a. When a quorum is present, a position is carried by an affirmative vote of a majority of the entire membership of the commission commissioners present.

ITEM 3. Amend subrule 1.3(4) as follows:

1.3(4) Duties of the commission. The commission shall:

a. Inform communities and interested persons of the needs of the deaf and hard–of–hearing and how their needs may be met through the use of service providers.

b. Obtain, without additional cost to the state, available office space in public and private agencies which service providers may utilize in carrying out service projects for deaf and hard–of–hearing persons.

c. Establish service projects for deaf and hard–of–hearing persons throughout the state. Service providers shall not undertake for compensation projects which would duplicate existing services when those services are available to deaf and hard–of–hearing people through paid interpreters or other persons able to communicate with deaf and hard–of–hearing people. As used in this section paragraph, “service project” includes interpretation services for persons who are deaf and hard–of–hearing and referral services for deaf and hard–of–hearing people in the areas of adult education, legal aid, employment, medical, finance, housing, recreation, and other personal assistance and social programs. “Service providers” are persons who, for compensation, carry out service projects.

d. Identify agencies, both public and private, which provide community services, evaluate the extent to which they make services available to deaf and hard–of–hearing people, and cooperate with the agencies in coordinating and extending these services.

e. Collect information concerning deafness and provide for dissemination of the information.

f. Provide for mutual exchange of ideas and information on services for deaf and hard–of–hearing people between federal, state, and local governments, private organizations and individuals.

g. Pursuant to Iowa Code section 216A.2, be responsible for budgeting and personnel decisions for the commission and the division.

ITEM 4. Amend paragraph 1.3(5)“c” as follows:

c. Public information. Strive to ensure public awareness and encourage constructive use of the services by thosewho need them. Plan workshops, open houses, and other awareness–promoting activities. Establish and maintain relationships with other agencies serving the deaf and hard–of–hearing. Develop specific measures to increase visibility throughout the state.

ITEM 5. Amend rule 429—2.1(216A), definitions of “oral interpreter” and “portal–to–portal,” as follows:

“Oral interpreter” means an interpreter who is fluent in transliterating, paraphrasing and voicing facilitating spoken communication between individuals who are deaf or hard–of–hearing and use speech and speech reading as their primary mode of communication and other persons. Oral interpreters may also “voice” for speakers who use no voice or whose voices are difficult to understand.

ITEM 6. Rescind and reserve subrule 2.3(1), paragraphs “c” and “d.”

ITEM 7. Amend subrule 2.3(2), paragraphs “c” to “f,” as follows:

c. The division of deaf services will maintain a listing of contractual interpreters and update the listing annually. Persons requesting contractual interpreting services will be asked to choose an interpreter from this list to provide services.

ITEM 8. Amend subrules 2.3(3) to 2.3(5) as follows:

2.3(3) Referral interpreting services. The division of deaf services provides an interpreter referral service to persons needing an interpreter when the staff interpreter is not available or when the request goes beyond regular hours of operation.

a. The division of deaf services will attempt to secure interpreting services where state or federal laws mandate compensation for services or when any party is willing to provide for compensation of services.

b. Interpreters in private practice may contact the agency to request an interpreter update form. a sign language interpreter release of information form. Upon completion and return of this form, the interpreter’s name will be added to the listing.

c. Staff interpreters are permitted to function on a private basis, beyond regular hours of operation, provided there is no conflict with employment services.

2.3(4) Assistance. The division of deaf services will provide assistance and advocacy in order to meet the service needs of deaf and hard–of–hearing citizens by providing individual clients with specific information, resources, options, and assistance pertaining to their difficulties. The objective is to achieve results desired by the clients. Under no circumstances, however, should the agency, in the absence of qualified personnel, engage in counseling or therapy of any kind.

2.3(5) Consultation. A citizen may consult with the division of deaf services consultant about various ways the citizen may obtain needed services. The consultant will provide information on federal, state, and local programs and organizations, both public and private, which are available to assist deaf and hard–of–hearing persons.

ITEM 9. Amend paragraph 2.3(6)“c” as follows:

c. The division provides, upon request, information of a general nature on various programs, services, devices, laws, or any information which may be of interest or impact the lives and social welfare of deaf and hard–of–hearing people on the local, state, or federal levels.

ITEM 10. Amend subrule 2.3(7) as follows:

2.3(7) Library on deafness. Persons may borrow library materials from the division of deaf services’ library located at the central office. The division maintains and distributes a bibliography of deafness–related materials which is held in its library and which is available upon request.

a. The library on deafness operates during regular hours of operation.

b. To request materials, a person may contact the division of deaf services by telephone, in writing, mail, fax, E–mail, or by personal visit.

c. to h. No change.

i. Persons not returning materials to the library on or before the date due will be assessed a fine of $.05 per day, per item, not to exceed a total of $4.00 per item. The exception will be videocassette tapes which will be assessed at $.25 per day, per item, not to exceed a total of $4.00 per tape. A day of grace will be given if a return date falls on a holiday. No other materials may be borrowed until all outstanding fines are paid. After 45 days the division shall implement collection procedures.

ITEM 11. Rescind and reserve subrule 2.3(8).

ITEM 12. Rescind paragraph 2.4(2)“c.”

ITEM 13. Amend subrule 2.4(3) as follows:

2.4(3) Fee schedule.

a. The fee schedule for service is based on a portal–to–portal basis. Consideration is given to the setting type and the amount of time services are provided time spent traveling, waiting, and interpreting.

b. The fee schedule for division staff is:

c. Fees shall be calculated on a portal–to–portal basis with a one–hour minimum for assignments that run less than one hour in length for time spent traveling, waiting, and interpreting.

d. Reserved.

ITEM 14. Amend paragraph 3.14(2)“e” as follows:

e. Information necessary to coordinate contractual or referral interpreting services shall be provided to free–lance interpreters in private practice. The information provided will be the names of the parties involved, location, date and time of assignment, billing source, and the setting.

ITEM 15. Amend subrules 4.1(9) to 4.1(11) as follows:

4.1(9) Library information card. This standard information card establishes eligibility to borrow materials from the library on deafness.

4.1(10) Check–out card. This form is used to record loaned materials from the library on deafness and is used to follow up on delinquent materials and for statistical purposes.

4.1(11) Interpreter update Sign language interpreter release of information form. This form is required to be filled out by interpreters in private practice in serving on referral or contractual listings for the division to be listed on the division’s public list of interpreters. Information requested relates to an individual’s background, experience, certification, and education in the interpreting field along with times of availability, counties served, and personal data. These forms are confidential although listings derived from these forms are made public to those consumers requesting the listings.

ITEM 16. Rescind subrules 4.1(12) and 4.1(13).

Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners hereby gives Notice of Intended Action to amend Chapter 1, “Definitions,” and to rescind Chapter 5, “Organization,” Iowa Administrative Code.

These amendments change the title of Chapter 1 to “Administration.” The amendments also add new definitions and new rules that describe the purpose and organization of the Board. The definition of “practice of dental hygiene” is being rescinded. This definition will be incorporated into Chapter 10. (See ARC 1401B herein.) Chapter 5 is also rescinded because existing rules in Chapter 5 are being incorporated into Chapter 1.

The Board’s Committee for Regulatory Review, formed pursuant to Executive Order Number 8 and comprised of representatives from the Board’s constituent groups, recommended the proposed amendments.

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

Any interested person may make written comments or suggestions on the proposed amendments on or before March 12, 2002. Such written comments should be directed to Jennifer Hart, Executive Officer, Board of Dental Examiners, 400 SW 8th Street, Suite D, Des Moines, Iowa 50309–4687. E–mail may be sent to jhart@bon.state.ia.us.

Also, there will be a public hearing on March 13, 2002, from 10 to 11 a.m. in the Conference Room, 400 SW 8th Street, Suite D, Des Moines, Iowa. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments. Any person who plans to attend the public hearing and who may have special requirements, such as hearing or mobility impairments, should contact the Board and advise of specific needs.

These amendments were approved at the January 17, 2002, regular meeting of the Board of Dental Examiners.

These amendments are intended to implement Iowa Code chapters 17A, 147, 153, and 272C.

The following amendments are proposed.

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

CHAPTER 1
DEFINITIONS ADMINISTRATION

ITEM 2. Amend rule 650—1.1(153) as follows:

Amend the introductory sentence as follows:

650—1.1(153) Definitions. As used in this chapter these rules:

Adopt the following new definitions in alphabetical order:

“Direct supervision” means that the dentist is present in the treatment facility, but it is not required that the dentist be physically present in the treatment room.

“General supervision of a dental assistant” means that a dentist has delegated the extraoral services to be provided by a dental assistant. The dentist need not be present in the facility while these extraoral services are being provided.

“General supervision of a dental hygienist” means that a dentist has examined the patient and has prescribed authorized services to be provided by a dental hygienist. The dentist need not be present in the facility while these services are being provided. If a dentist will not be present, the following requirements shall be met:

1. Patients or their legal guardian must be informed prior to the appointment that no dentist will be present and therefore no examination will be conducted at that appointment.

2. The hygienist must consent to the arrangement.

3. Basic emergency procedures must be established and in place and the hygienist must be capable of implementing these procedures.

4. The treatment to be provided must be prior prescribed by a licensed dentist and must be entered in writing in the patient record.

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

“License” means a certificate issued to a person to practice as a dentist or dental hygienist under the laws of this state.

“Licensee” means a person who has been issued a certificate to practice as a dentist or dental hygienist under the laws of this state.

“Personal supervision” means the dentist is physically present in the treatment room to oversee and direct the services of the dental assistant.

“Registrant” means a person who has been issued a certificate to practice as a dental assistant under the laws of this state.

“Registration” means a certificate issued to a person to practice as a dental assistant under the laws of this state.

Rescind the definition of “practice of dental hygiene” and of “practice of dentistry.”

Amend the definition of “peer review” as follows:

“Peer review” as defined in Iowa Code section 272C.1(7) means evaluation of professional services rendered by a licensee or registrant.

ITEM 3. Adopt new rules 650—1.2(17A,147,153,272C) to 650—1.6(17A,147,153) as follows:

650—1.2(17A,147,153,272C) Purpose of the board. The purpose of the board is to protect public health, safety, and welfare by administering, interpreting, and enforcing the provisions of law that relate to the practice of dentistry, dental hygiene, and dental assisting. In pursuit of this mission, the board performs these primary functions:

1.2(1) Administers examinations for the testing of dentists, dental hygienists, and dental assistants;

1.2(2) Issues licenses, registrations, certificates, and permits to qualified practitioners; 

1.2(3) Sets standards for license, registration, and permit renewal and continuing education; 

1.2(4) Enforces Iowa laws regulating the practice of dentistry, dental hygiene, and dental assisting;

1.2(5) Investigates complaints concerning violations of the dental practice act and rules; 

1.2(6) Conducts disciplinary hearings and monitors the compliance of licensees or registrants with board orders; and 

1.2(7) Adopts rules and establishes standards for practitioners pursuant to its authority under the Iowa Code and administrative rules.

1.3(1) The board shall be composed of five members licensed to practice dentistry, two members licensed to practice dental hygiene and two members not licensed to practice dentistry or dental hygiene and who shall represent the general public. All members are appointed by the governor, subject to confirmation by the senate.

1.3(2) Five members of the board shall constitute a quorum for the purpose of conducting business.

1.3(3) The dental hygiene committee of the board shall be composed of the two dental hygiene members of the board and one dentist member of the board. The dentist member will be elected annually to serve on the committee by a majority vote of the board. The dentist member of the committee must have supervised and worked in collaboration with a dental hygienist for a period of at least three years immediately preceding election to the committee.

1.3(4) Two members of the dental hygiene committee shall constitute a quorum for the purpose of conducting business.

1.3(5) Committees of the board may be appointed by the board chairperson and shall not constitute a quorum of the board. The board chairperson shall appoint committee chairpersons. Committees of the board may include the executive committee, licensure committee, grievance committee, continuing education advisory committee, and dental assistant committee.

1.4(1) All matters regarding the practice, discipline, education, examination, and licensure of dental hygienists will be initially directed to the dental hygiene committee. The committee shall have the authority to adopt recommendations regarding the practice, discipline, education, examination, and licensure of dental hygienists and shall carry out duties as assigned by the board. Recommendations by the committee shall include a statement and documentation supporting its recommendation to the board. The board shall review all committee recommendations. The recommendations shall be ratified by the board unless the board makes a specific written finding that the recommendation exceeds the jurisdiction or expands the scope of the committee beyond the authority granted in subrule 1.4(2), creates an undue financial impact on the board, or is not supported by the record. The board may not amend a committee recommendation without the concurrence of the majority of the members of the dental hygiene committee.

1.4(2) This subrule shall not be construed as impacting or changing the scope of practice of the profession of dental hygiene or authorizing the independent practice of dental hygiene.

1.4(3) The committee shall not have regulatory or disciplinary authority with regard to dentists, dental assistants, dental lab technicians, or other auxiliary dental personnel.

This rule is intended to implement Iowa Code section 153.33A.

650—1.5(17A,153) Information. Members of the public may obtain information from or submit requests relating to the practice of dentistry, dental hygiene, or dental assisting, continuing education, or any other matter to the Executive Director, Iowa Board of Dental Examiners, 400 SW 8th Street, Suite D, Des Moines, Iowa 50309–4687.

1.6(1) The board shall hold an annual meeting each year in Des Moines to elect officers and conduct other business. Officers of the board shall consist of a chairperson, vice chairperson, and secretary. Officers shall assume their duties immediately following their election at the annual meeting.

1.6(2) The board may hold additional meetings as the chairperson, vice chairperson, or majority of the board deems necessary. Written notices stating the time and place of the meetings shall be provided consistent with the open meetings law.

1.6(3) The dental hygiene committee shall hold an annual meeting each year in Des Moines, Iowa, to elect officers and conduct other business. Officers of the committee shall consist of a chairperson, vice chairperson, and secretary. Officers shall assume their duties immediately following their election at the annual meeting.

1.6(4) The dental hygiene committee may hold additional meetings as the chairperson, vice chairperson, or majority of the committee deems necessary.

1.6(5) Dates and location of board meetings may be obtained from the board’s office. Except as otherwise provided by statute, all board meetings shall be open and the public shall be permitted to attend.

These rules are intended to implement Iowa Code sections 17A.3, 147.14(4), 147.22, and 153.33A(1).

ITEM 4. Rescind and reserve 650—Chapter 5.

Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners hereby gives Notice of Intended Action to amend Chapter 6, “Public Records and Fair Information Practices,” Iowa Administrative Code.

These amendments specify that certain groups of boardrecords may be stored electronically and on paper.

These rules are not subject to waiver because they relate to how agency records are stored and do not establish administrative requirements.

Any interested person may make written comments or suggestions on the proposed amendments on or before March 13, 2002. Such written comments should be directed to Jennifer Hart, Executive Officer, Board of Dental Examiners, 400 SW 8th Street, Suite D, Des Moines, Iowa 50309–4687. E–mail may be sent to jhart@bon.state.ia.us.

Also, there will be a public hearing on March 13, 2002, from 10 to 11 a.m. in the Conference Room, 400 SW 8th Street, Suite D, Des Moines, Iowa. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments. Any person who plans to attend the public hearing and who may have special requirements, such as hearing or mobility impairments, should contact the Board and advise of specific needs.

These amendments were approved at the January 17, 2002, regular meeting of the Board of Dental Examiners.

These amendments are intended to implement Iowa Code chapters 17A, 147, 153, and 272C.

The following amendments are proposed.

ITEM 1. Amend subrules 6.14(2), 6.14(3), introductory paragraph, 6.14(6), 6.14(7), 6.14(8), and 6.14(10) as follows:

6.14(2) Information in complaint, compliance, and investigative files maintained by the board for the purposes of discipline. This information is collected pursuant to Iowa Code sections 153.33, 272C.3, and 272C.9. This information is stored electronically and on paper only. This information is required to be kept confidential pursuant to Iowa Code section 272C.6(4). However, information may be released to the licensee or registrant once a disciplinary proceeding is commenced by the filing of a formal statement of charges and the notice of hearing.

6.14(3) Records of board disciplinary hearings. Theserecords contain information about licensees and persons under the board’s jurisdiction who are subject of a board disciplinary proceeding or other action. This information is collected by the board pursuant to the authority granted in Iowa Code sections 153.23 and 153.33, and chapter 272C. This information is stored electronically and on paper only. These records may also contain the following:

6.14(6) Application records. These records contain information about applicants which may include name, address, telephone number, social security number, place of birth, date of birth, education, certifications, examinations with scores, character references, fingerprints, diplomas and any additional information the board may request. This information is collected by the board pursuant to Iowa Code sections 147.2, 153.21, 153.22, and 153.37 and 2000 Iowa Acts, chapter 1002 to 153.39. This information is stored electronically and on paper only. The personal information contained in these records may be confidential in whole or in part pursuant to Iowa Code sections 147.21(1) to 147.21(3), 22.7(1), and 22.7(19) or other provisions of law.

6.14(7) Examination records. These records contain examination information and scores for any of the following examinations: Joint Commission on National Dental Examinations; Joint Commission on National Dental Hygiene Examinations; Central Regional Dental Testing Service, Inc. examinations; Iowa jurisprudence examinations; state radiography examinations; state dental examinations; state dental hygiene examinations; and state dental assistant registration examinations. This information is collected by the board pursuant to Iowa Code sections 147.21 and 147.34. This information is stored electronically and on paper only. The information contained in these records is confidential in part pursuant to Iowa Code sections 147.21(2), 147.21(3), 22.7(1), and 22.7(19).

6.14(8) Licensure, registration, permit or certificationrecords. These records contain information about currently, previously, or reinstated licensed dentists, dental hygienists, and dental assistants. This information includes name of license, registration, permit or certificate holder, license, registration, permit or certificate number, date issued, current renewal status and current address. This information is collected by the board pursuant to the authority granted in Iowa Code sections 136C.2, 147.2, 147.10, 153.22, 153.23, and 153.30. This information is stored electronically and on paper, in automated data processing systems, on microfiche, or in the state archives.

6.14(10) Compliance reports. These records contain information about dentists and their dental facilities which are inspected to determine compliance with board regulations including the use of parenteral sedation, general anesthesia, or nitrous oxide by dentists in dental facilities. This information is collected by the board pursuant to the authority granted in Iowa Code section 153.20. The information contained in these reports is confidential in whole or in part pursuant to Iowa Code sections 22.7(5), 272C.3, and 272C.6(4). This information is stored electronically and on paper only.

ITEM 2. Amend rule 650—6.15(153,147,22) as follows:

Amend the introductory paragraph as follows:

650—6.15(153,147,22) Other groups of records. This rule describes groups of records maintained by the agency other than record systems as defined in rule 6.1(153,147,22). These records are routinely available to the public. However, the agency’s files of these records may contain confidential information as discussed in rule 6.13(153,147,22). This information is stored electronically and on paper only. The rec–ords listed may contain information about individuals.

Amend subrule 6.15(1) as follows:

6.15(1) Board agendas, minutes, news releases, statistical reports and compilations, newsletters, publications, correspondence, opinions, rulings, and other information intended for the public except those records concerning closed sessions which are exempt from disclosure under Iowa Code section 21.5 or which are otherwise confidential by law. These records may contain information about individuals, including board members and staff. This information is collected pursuant to Iowa Code section 21.3. This information is stored electronically and on paper only.

Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners hereby gives Notice of Intended Action to amend Chapter 10, “General,” Iowa Administrative Code.

These amendments revise the title of the chapter and specify that a license or registration and current renewal must be displayed at each permanent practice location. In addition, rules affecting the practice of dental hygiene have been reorganized. No changes in the requirements have been made regarding supervision or authorized services of a hygienist. Requirements regarding general supervision of a dental hygienist are being rescinded and moved to 650—1.1(153). (See ARC 1403B herein.) The definition of “practice of dental hygiene” has also been moved from Chapter 1 to Chapter 10.

The amendments also adopt a new rule that specifies requirements of licensees and registrants for making required reports and obtaining training in child and dependent adult abuse.

The Board’s Committee for Regulatory Review, formed pursuant to Executive Order Number 8 and comprised of representatives from the Board’s constituent groups, recommended the proposed amendments.

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

Any interested person may make written comments or suggestions on the proposed amendments on or before March 13, 2002. Such written comments should be directed to Jennifer Hart, Executive Officer, Board of Dental Examiners, 400 SW 8th Street, Suite D, Des Moines, Iowa 50309–4687. E–mail may be sent to jhart@bon.state.ia.us.

Also, there will be a public hearing on March 13, 2002, from 10 to 11 a.m. in the Conference Room, 400 SW 8th Street, Suite D, Des Moines, Iowa. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments. Any person who plans to attend the public hearing and who may have special requirements, such as hearing or mobility impairments, should contact the Board and advise of specific needs.

These amendments were approved at the January 17, 2002, regular meeting of the Board of Dental Examiners.

These amendments are intended to implement Iowa Code chapters 17A, 147, 153, and 272C.

The following amendments are proposed.

ITEM 1. Amend the title of 650—Chapter 10 as follows:

CHAPTER 10
GENERAL REQUIREMENTS

ITEM 2. Amend rule 650—10.2(153) as follows:

650—10.2(147,153) Display of license, registration, and renewal. The license to practice dentistry or dental hygiene or the registration as a dental assistant and the current renewal must be prominently displayed by the licensee or registrant at the principal office of employment each permanent practice location.

10.2(1) Additional license or registration certificates shall be obtained from the board whenever a licensee or registrant practices at more than one address. If more than two additional certificates are requested, explanation must be made in writing to the board and the appropriate fee must be paid.

10.2(2) Duplicate licenses or certificates of registration shall be issued by the board upon satisfactory proof of loss or destruction of the original license or certificate of registration.

This rule is intended to implement Iowa Code sections 147.7, 147.10 and 147.80(17).

ITEM 3. Amend rule 650—10.3(153) as follows:

10.3(1 2) The administration of local anesthesia or nitrous oxide inhalation analgesia shall only be provided under the direct supervision of a dentist. Direct supervision of the dental hygienist requires that the supervising dentist be present in the treatment facility, but it is not required that the dentist be physically present in the treatment room.

10.3(2 3) All other authorized services provided by a dental hygienist shall be performed under the general supervision of a dentist currently licensed in the state of Iowa in accordance with 650—1.1(153). General supervision shall mean that a dentist has examined the patient and has prescribed authorized services to be provided by a dental hygienist. The dentist need not be present in the facility while these services are being provided. If a dentist will not be present, the following requirements shall be met:

10.3(4) Subsequent examination and monitoring of the patient, including definitive diagnosis and treatment planning, is the responsibility of the dentist and shall be carried out in a reasonable period of time in accordance with the professional judgment of the dentist based upon the individual needs of the patient.

10.3(5) General supervision shall not preclude the use of direct supervision when in the professional judgment of the dentist such supervision is necessary to meet the individual needs of the patient.

10.3(6) Nothing in these rules shall be interpreted so as to prevent a licensed dental hygienist from providing educational services, assessment, screening, or data collection for the preparation of preliminary written records for evaluation by a licensed dentist.

This rule is intended to implement Iowa Code section 153.15.

ITEM 4. Amend rule 650—10.4(153) as follows:

650—10.4(153) Unauthorized practice of a dental hygienist. A dental hygienist who assists a dentist in practicing dentistry in any capacity other than as an employee or independent contractor supervised by a licensed dentist or who directly or indirectly procures a licensed dentist to act as nominal owner, proprietor, director, or supervisor of a practice as a guise or subterfuge to enable such dental hygienist to engage in the practice of dentistry or dental hygiene, or who renders dental service(s) directly or indirectly on or for members of the public other than as an employee or independent contractor supervised by a licensed dentist shall be deemed to be practicing illegally.

10.4(1) The unauthorized practice of dental hygiene means allowing a person not licensed in dentistry or dental hygiene to perform dental hygiene services authorized in Iowa Code section 153.15 and rule 650—1.1(153) 650— 10.3(153).

10.4(2) The unauthorized practice of dental hygiene also means the performance of services by a dental hygienist which that exceeds the scope of practice granted in Iowa Code section 153.15.

ITEM 5. Adopt new rule 650—10.5(147,153,272C) as follows:

10.5(1) Change of address or name. Each person licensed or registered by the board must notify the board, in writing, of a change of legal name or address within 60 days of such change. Proof of a legal name change, such as a notarized copy of a marriage certificate, must accompany the request for a name change.

10.5(2) Child and dependent adult abuse training. Licensees or registrants who regularly examine, attend, counsel or treat children or adults in Iowa must obtain mandatory training in child and dependent adult abuse identification and reporting within six months of initial employment and subsequently every five years in accordance with 650—subrule 25.2(9).

10.5(3) Reporting requirements. Each licensee and registrant shall be responsible for reporting to the board, within 30 days, any of the following:

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

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

c. Any license or registration revocation, suspension or other disciplinary action taken by a licensing authority of another state, territory or country within 30 days of the final action by the licensing authority.

10.5(4) Reporting acts or omissions. In accordance with 650—31.13(272C), each licensee or registrant shall be responsible for reporting to the board, within seven days, any acts or omissions that could result in the suspension or revocation of a license or registration when committed by another person licensed or registered to practice dentistry, dental hygiene, or dental assisting.

Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners hereby gives Notice of Intended Action to amend Chapter 15, “Fees,” Iowa Administrative Code.

These amendments specify that the fee charged for the dental assistant trainee manual is $70. The application fees for a dental assistant trainee and student status application were combined for a new fee of $25. In addition, the fee for radiography qualification is $40. The Board is also adopting new rules that specify fees charged for public records and purchase of mailing or data lists, and a returned check fee.

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

These rules are not subject to waiver or variance. Iowa Code section 147.80 requires the Board to set fees based upon costs of sustaining the Board and the actual cost of licensing and requires the Board to generate revenues to equal projected costs. The Board must be able to collect fees uniformly in order to comply with this statutory provision.

Any interested person may make written comments or suggestions on the proposed amendments on or before March 13, 2002. Such written comments should be directed to Jennifer Hart, Executive Officer, Board of Dental Examiners, 400 SW 8th Street, Suite D, Des Moines, Iowa 50309–4687. E–mail may be sent to jhart@bon.state.ia.us.

Also, there will be a public hearing on March 13, 2002, from 10 to 11 a.m. in the Conference Room, 400 SW 8th Street, Suite D, Des Moines, Iowa. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments. Any person who plans to attend the public hearing and who may have special requirements, such as hearing or mobility impairments, should contact the Board and advise of specific needs.

These amendments were approved at the January 17, 2002, regular meeting of the Board of Dental Examiners.

These amendments are intended to implement Iowa Code chapters 17A, 147, 153, and 272C.

The following amendments are proposed.

ITEM 1. Amend rule 650—15.1(153), introductory paragraph, as follows:

650—15.1(153) License application fees. Applications considered by the board or dental hygiene committee are nonrefundable. All fees are nonrefundable.

ITEM 2. Amend subrules 15.1(5), 15.1(6), 15.1(8) and 15.1(12) as follows:

15.1(5) The fee for a reciprocal license application to practice dentistry issued on the basis of credentials shall be is $275.

15.1(6) The fee for a reciprocal license application to practice dental hygiene issued on the basis of credentials shall be is $100.

15.1(8) The fee for a reinstatement application for a lapsed license or registration shall be is $150.

15.1(12) The fee for an application for registration as a dental assistant trainee is $10 $25.

ITEM 3. Adopt new subrule 15.1(15) as follows:

15.1(15) The fee for an application for dental assistant radiography qualification is $40.

ITEM 4. Amend rule 650—15.4(153) as follows:

650—15.4(153) Miscellaneous fees. Payment made to the Iowa Board of Dental Examiners, which shall be considered a repayment receipt as defined in Iowa Code section 8.2, shall be received in the board office prior to release of the following.

15.4(1) The fee for issuing a duplicate license or registration certificate or current renewal shall be is $10.

15.4(2) The fee for a certification or written verification of the an Iowa license or registration shall be is $10.

ITEM 5. Renumber rule 650—15.5(17A,147,153,272C) as 650—15.9(17A,147,153,272C) and adopt new rules 650—15.5(22,147,153) to 650—15.8(147,153,272C) as follows:

650—15.5(22,147,153) Public records. Public records are available according to 650—Chapter 6, “Public Records and Fair Information Practices.” Payment made to the Iowa Board of Dental Examiners, which shall be considered a repayment receipt as defined in Iowa Code section 8.2, shall be received in the board office prior to the release of the records.

15.5(1) Copies of public records shall be calculated at $.25 per page plus labor. A $16 per hour fee shall be charged for labor in excess of one–half hour for searching and copying documents or retrieving and copying information stored electronically. No additional fee shall be charged for delivery of the records by mail or fax. A fax is an option if the requested records are fewer than 30 pages. The board office shall not require payment when the fees for the request would be less than $5 total.

15.5(2) Electronic copies of public records delivered byE–mail shall be calculated at $.10 per page; the minimum charge shall be $5. A $16 per hour fee shall be charged for labor in excess of one–half hour for searching and copying documents or retrieving and copying information stored electronically. The board office shall not require payment when the fee for the request would be less than $5 total.

15.5(3) Electronic files of statements of charges, final orders and consent agreements from each board meeting delivered via E–mail may be available for an annual subscription fee of $24 or a prorated portion thereof, based on the calendar year.

15.5(4) Printed copies of statements of charges, final orders and consent agreements from each board meeting shall be available for an annual subscription fee of $120 or a prorated portion thereof, based on the calendar year.

650—15.6(22,147,153) Purchase of a mailing list or data list. Payment made to the Iowa Board of Dental Examiners, which shall be considered a repayment receipt as defined in Iowa Code section 8.2, shall be received in the board office prior to the release of a list.

15.6(1) Mailing list. The standard mailing list for all active dental and dental hygiene licensees and dental assistant registrants includes the full name, address, city, state, and ZIP code. The standard mailing list of dentists or dental hygienists does not include resident licensees or faculty permit holders.

a. Printed mailing list, $65 per profession requested.

b. Mailing list on diskette, $45 per profession requested.

c. Mailing list in an electronic file, $35 per profession requested.

15.6(2) Data list for dentists, hygienists, or assistants. The standard data list for active licensees or registrants includes full name, address, Iowa county (if applicable), issue date, expiration date, license or registration number, and license or registration status. Additional data elements, programming or sorting increases the following fees by $25.

a. Printed standard data list, $75 per profession requested.

b. Standard data list on diskette, $55 per profession requested.

c. Standard data list in an electronic file, $45 per profession requested.

650—15.7(147,153) Returned checks. The board shall charge a fee of $25 for a check returned for any reason. If a license or registration had been issued by the board office based on a check that is later returned by the bank, the board shall request payment by certified check or money order. If the fees are not paid within two weeks of notification of the returned check by certified mail, the licensee or registrant shall be subject to disciplinary action for noncompliance with board rules.

650—15.8(147,153,272C) Copies of the laws and rules. Copies of laws and rules pertaining to the practice of dentistry, dental hygiene, or dental assisting are available from the board for the following fees.

1. Iowa Code and Iowa Administrative Code access, no fee, available at www.state.ia.us/dentalboard.

2. Printed copies of the Iowa Code chapters that pertain to the practice of dentistry, $10.

3. Printed copies of dental board rules in the Iowa Administrative Code, $15.

Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners hereby gives Notice of Intended Action to rescind Chapter 22, “Minimum Training Standards for Dental Assistants Engaging in Dental Radiography,” and adopt a new Chapter 22, “Dental Assistant Radiography Qualification,” Iowa Administrative Code.

This amendment rescinds the Board’s rules on dental radiography and adopts a new chapter pertaining to dental assistants engaged in dental radiography. The purpose of the new chapter is to streamline the training process for dental radiography with the dental assistant registration training proc–ess. The chapter specifies exemptions, application and examination requirements, requirements for renewal and reinstatement and establishes penalties.

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

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

Any interested person may make written comments or suggestions on the proposed amendment on or before March 13, 2002. Such written comments should be directed to Jennifer Hart, Executive Officer, Board of Dental Examiners, 400 SW 8th Street, Suite D, Des Moines, Iowa 50309–4687. E–mail may be sent to jhart@bon.state.ia.us.

Also, there will be a public hearing on March 13, 2002, from 10 to 11 a.m. in the Conference Room, 400 SW 8th Street, Suite D, Des Moines, Iowa. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment. Any person who plans to attend the public hearing and who may have special requirements, such as hearing or mobility impairments, should contact the Board and advise of specific needs.

This amendment was approved at the January 17, 2002, regular meeting of the Board of Dental Examiners.

This amendment is intended to implement Iowa Code chapters 17A, 147, 153, and 272C.

The following amendment is proposed.

Rescind 650—Chapter 22 and adopt the following new chapter in lieu thereof:

CHAPTER 22
DENTAL ASSISTANT
RADIOGRAPHY QUALIFICATION

650—22.1(136C,153) Qualification required. A dental assistant shall not participate in dental radiography unless the assistant holds a current registration certificate and active radiography qualification issued by the board.

650—22.2(136C,153) Definitions. As used in this chapter:

“Dental radiography” means the application of X–radiation to human teeth and supporting structures for diagnostic purposes only.

“Radiography qualification” means authorization to engage in dental radiography issued by the board.

650—22.3(136C,153) Exemptions. The following individuals are exempt from the requirements of this chapter.

22.3(1) A student enrolled in an accredited dental, dental hygiene, or dental assisting program, who, as part of the student’s course of study, applies ionizing radiation.

22.3(2) A person registered as a dental assistant trainee pursuant to 650—Chapter 20, who is engaging in on–the–job training in dental radiography and who is using curriculum approved by the board for such purpose.

650—22.4(136C,153) Application requirements for dental radiography qualification. Applications for dental radiography qualification must be filed on official board forms and include the following:

22.4(1) Evidence of one of the following requirements:

a. The applicant is a dental assistant trainee or registered dental assistant with an active registration status;

b. The applicant is a graduate of an accredited dental assisting program; or

c. The applicant is a nurse who holds an active Iowa license issued by the board of nursing.

22.4(2) The fee as specified in 650—Chapter 15.

22.4(3) Evidence of successful completion, within the previous two years, of a board–approved course of study in the area of dental radiography. The course of study may be taken by the applicant:

a. On the job while under trainee status pursuant to 650—Chapter 20, using board–approved curriculum;

b. At a board–approved postsecondary school; or

c. From another program prior–approved by the board. The course of study must include application of radiation to humans pursuant to Iowa Code section 136C.3.

22.4(4) Evidence of successful completion of a board–approved examination in the area of dental radiography.

22.4(5) Any additional information required by the board relating to the character, education, and experience of the applicant as may be necessary to evaluate the applicant’s qualifications.

650—22.5(136C,153) Examination requirements. An applicant for dental assistant radiography qualification shall successfully pass a board–approved examination in dental radiography.

22.5(1) Examinations approved by the board are those administered by the board or board’s approved testing centers or, if taken after January 1, 1986, the Dental Assisting National Board Dental Radiation Health and Safety Examination.

22.5(2) A score of 75 or better on the board examination shall be considered successful completion of the examination. The board accepts the passing standard established by the Dental Assisting National Board for applicants who take the Dental Assisting National Board Radiation Health and Safety Examination.

22.5(3) Information on taking the examination may be obtained by contacting the board office at 400 SW 8th Street, Suite D, Des Moines, Iowa 50309–4687.

22.5(4) A dental assistant must meet such other requirements as may be imposed by the board’s approved dental assistant testing centers.

22.5(5) A dental assistant who fails to successfully complete the examination after two attempts will be required to submit, prior to each subsequent examination attempt, proof of additional formal education in dental radiography in a program approved by the board or sponsored by a school accredited by the Commission on Dental Accreditation of the American Dental Association.

650—22.6(136C,153) Renewal requirements. The dental assistant radiography qualification shall be renewed biennially at the time of registration renewal. The radiography qualification shall expire on June 30 of every odd–numbered year.

22.6(1) The board will notify each registrant by mail of the expiration of the radiography qualification.

22.6(2) Application for renewal must be made in writing to the board at least 30 days before the radiography qualification expires.

22.6(3) In order to renew a radiography qualification, the dental assistant shall obtain at least two hours of continuing education in the subject area of dental radiography. Proof of attendance shall be retained by the dental assistant and must be submitted to the board upon request.

22.6(4) The dental assistant shall send the appropriate fee as specified in 650—Chapter 15 with the application for renewal of radiography qualification.

22.6(5) Failure to renew prior to September 30 following expiration shall cause the radiography qualification to lapse and become invalid. A dental assistant whose radiography qualification is lapsed is prohibited from engaging in dental radiography until the qualification is reinstated in accordance with 650—22.7(136C,153).

22.6(6) The board may refuse to renew a radiography qualification in accordance with 650—14.3(153).

650—22.7(136C,153) Reinstatement of lapsed radiography qualification. A dental assistant who allows a radiography qualification to lapse by failing to renew may be reinstated at the discretion of the board by submitting the following:

22.7(1) A completed application for reinstatement of dental assistant radiography qualification.

22.7(2) Payment of the radiography reinstatement fee of $60 and the current renewal fee.

22.7(3) Proof of current registration as a dental assistant or dental assistant trainee or proof of an active Iowa nursing license.

22.7(4) Proof of two hours of continuing education in the subject area of dental radiography, taken within the previous two–year period.

22.7(5) If the radiography qualification has been lapsed for more than four years, the dental assistant shall be required to retake and successfully complete an examination in dental radiography. A dental assistant who presents proof of a current radiography qualification issued by another state and who has engaged in dental radiography in that state is exempt from the examination requirement.

22.8(1) Any individual except a licensed dentist or a licensed dental hygienist who participates in dental radiography in violation of this chapter or Iowa Code chapter 136C shall be subject to the criminal and civil penalties set forth in Iowa Code sections 136C.4 and 136C.5.

22.8(2) Any licensee who permits a person to engage in dental radiography contrary to this chapter or Iowa Code chapter 136C shall be subject to discipline by the board pursuant to 650—Chapter 30.

These rules are intended to implement Iowa Code section 136C.3 and chapter 153.

Pursuant to the authority of Iowa Code section 455B.200, the Environmental Protection Commission hereby gives Notice of Intended Action to amend Chapter 65, “Animal Feeding Operations,” Iowa Administrative Code.

The proposed amendments would increase the fees for new and renewed confinement sites and commercial manure applicator certifications. In order to continue providing the manure applicator certification program, the Department must increase these fees to cover associated costs.

Any interested person may make written suggestions or comments on the proposed amendments on or before March 12, 2002. Written comments should be directed to Sara Smith, Department of Natural Resources, Wallace StateOffice Building, 502 E. 9th Street, Des Moines, Iowa 50319– 0034; fax (515)281–8895.

Also, there will be a public hearing on Wednesday, March 20, 2002, at 1 p.m. in the Fifth Floor Conference Room of the Wallace State Office Building at which time persons may present their views either orally or in writing. At the hearing, people will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

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

These amendments are intended to implement Iowa Code section 455B.203A.

The following amendments are proposed.

ITEM 1. Amend subrule 65.19(2), paragraphs “a” and “b,” as follows:

a. Commercial manure applicator. The fee for a new or renewed certification is $50 $200. However, for the 2002 certification year only, the fee is $25 for a commercial manure applicator whose expiration or renewal date includes or is between January 1 and June 30.

b. Confinement site manure applicator. The fee for a new or renewed certification is $50 $100. However, the fee is not required if all of the following apply:

(1) to (3) No change.

ITEM 2. Amend subrule 65.19(3), paragraph “b,” as follows:

b. Pay the required certification fee of $50 set forth in subrule 65.19(2).

Pursuant to the authority of Iowa Code section 455D.9, the Environmental Protection Commission hereby gives Notice of Intended Action to rescind Chapter 105, “Organic Materials Composting Facilities,” Iowa Administrative Code, and to adopt a new Chapter 105 with the same title.

The rescission is warranted due to the extensive reorganization and clarification necessary to make the chapter more useful to both composters and regulatory officials. The new chapter includes two fairly significant additions to the rules. One rule (567—105.5(455B,455D)) pertains to clearly defining the regulatory status of small scale operations that accept predetermined amounts and types of solid waste from off site. Under the current rule, these types of facilities are required to obtain a permit and to comply with operational requirements that are not economically feasible. The proposed rule would exempt these facilities from permitting while requiring them to comply with a set of reasonable operational parameters. The second rule (567—105.14(455B, 455D)) addresses the stipulation in Iowa Code section 455B.306(8) that all permitted sanitary disposal projects have financial assurance instruments prior to the approval of a permit. This new requirement will impact large composting operations that accept over 5,000 tons of feedstock per year and that compost more than just yard waste.

Any interested person may make written suggestions or comments on this proposed amendment on or before March 14, 2002. Such written materials should be directed toAmber Sauser, Land Quality and Waste Management Assistance Division, Department of Natural Resources, Manchester, Iowa 52057; fax (563)927–2075. Persons wishing to convey their views orally should contact Amber Sauser at (563)927–1441.

Also, there will be a public hearing on March 14, 2002, at 11 a.m. in the Fifth Floor West Conference Room of the Wallace State Office Building, at which time persons may pre–sent their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment.

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

This amendment is intended to implement Iowa Code sections 455B.304 and 455D.9.

The following amendment is proposed.

Rescind 567—Chapter 105 and adopt the following new chapter in lieu thereof:

CHAPTER 105
ORGANIC MATERIALS COMPOSTING FACILITIES

567—105.1(455B,455D) General. This chapter shall apply to the composting of solid and yard wastes. Composting facilities may include vermicomposting, turned windrows, aerated static piles, aerated in–vessel systems, or other methods approved by the department. Composting facilities existing as of [insert effective date of rule] must comply with the requirements of this chapter within two years or by the permit renewal date, whichever is later.

105.1(1) Definitions.

“Agricultural waste” means organic materials normally discarded during the production of plants and animals from agronomic, horticultural or silvicultural operations. “Agricultural waste” includes but is not limited to manure, crop residuals, bedding, and other vegetative by–products produced during farm processing. Dead animals are not included.

“Best management practices” means the practices described in the most recent version of the Compost Facility Operating Guide published by the United States Composting Council or other best management practices as approved by the department.

“Bulking agent” means a material that contributes structure and porosity, usually a dry, rigid material such as shredded wood or tire chips.

“Compostable” means an organic material that undergoes degradation by biological processes during composting to yield carbon dioxide, water, inorganic compounds and biomass.

“Compostable plastics” means a plastic that undergoes degradation by biological processes at a rate consistent with other known compostable materials and leaves no visually distinguishable or toxic residue. Testing according to ASTM D6400–00 criteria should be used to designate compostable plastics.

“Composting” means the accelerated biological decomposition of organic matter under managed aerobic conditions resulting in a stable, innocuous final product.

“Composting facility” means all related receiving, processing, production, curing, and storage areas and necessary roads, buildings, equipment, litter control devices, pollution control devices, fire control devices, landscaping, gates, personnel and maintenance facilities, sewer and water lines, and process water.

“Compost leachate” means a liquid that has percolated through or drained from compost.

“Compost maturity,” according to Test Methods for the Examination of Composting and Compost (TMECC), means an organo–chemical state of compost that indicates the presence or lack of organic phytotoxic chemicals in stable compost. Measurements for maturity are based on the amount of volatile fatty acids present.

“Compost stability,” according to TMECC, means a stage in the composting process where microbial activity is diminished with the corresponding decrease of available organic carbon and other energy sources. Stability is measured through respiration.

“Cured compost” means compost that is both stable and mature according to TMECC developed by the United States Composting Council.

“Curing” means a process in which compost is further monitored to control pathogen regrowth while increasing stability and maturity.

“Finished compost” means cured and, if necessary, screened or refined.

“Household organic waste” means general household compostable items such as food residuals and paper produced on premises.

“Infectious waste” means waste that is infectious, including but not limited to contaminated sharps, cultures, and stocks of infectious agents, blood and blood products, pathological waste, and contaminated animal carcasses from hospitals or research laboratories.

“Municipality” means any city or county in the state.

“Nuisance” means whatever is injurious to health, indecent, or unreasonably offensive to the senses, or an obstruction to the free use of property, so as essentially to unreasonably interfere with the comfortable enjoyment of life or property, and a civil action by ordinary proceedings may be brought to enjoin and abate the same and to recover damages sustained on account thereof.

“Premises” means a geographically contiguous property owned by a generator or noncontiguous property owned by a generator and that is connected by a controlled right–of–way to which the public does not have access. Two or more pieces of property that are geographically contiguous and divided by public or private right–of–way are a single premises.

“Small compost facilities” means facilities meeting the requirements set forth in rule 105.5(455B,455D).

“Solid waste composting” means the composting of any organic material with or without yard waste.

“Yard waste” means vegetative matter such as grass clippings, leaves, garden waste, brush and trees, and any clean wood waste free of coating and preservatives necessary as bulking agent. Yard waste does not include tree stumps.

“Vectors” means a carrier organism that is capable of transmitting a pathogen from one organism to another. Vectors include, but are not limited to, birds, rats and other rodents, and insects.

105.1(2) Two types of composting are allowed:

a. Yard waste composting. Yard waste composting facilities are exempt from having a permit if operated in conformance with 105.3(455B,455D) and 105.4(455B,455D).

b. Solid waste composting. Solid waste composting facilities must obtain a permit from the department. Solid waste composting facilities involving municipal sewage sludge shall also operate in conformance with 567—Chapter 67. Composting of dead farm animals generated on the same farm as the composting facility is exempt from having apermit if operated in conformance with 105.3(455B,455D) and 105.6(455B,455D). Small quantity solid waste compost operations as defined in 105.5(455B,455D) are exempt from permitting if operated in conformance with 105.3(455B, 455D) and 105.5(455B, 455D).

105.1(3) Burial of yard waste at a sanitary landfill is prohibited. Acceptance of yard waste by a hauling firm or at a transfer station for burial at a sanitary landfill is also prohibited. However, yard waste that has been separated at its source from other solid waste may be accepted by a sanitary landfill for the purposes of soil conditioning or composting. Yard waste accepted by a sanitary landfill for the purposes of soil conditioning shall be used only on finished areas of the landfill that have received the final earthen cover, developed areas with intermediate cover, and restoration of soil borrow areas. Burning of yard waste at a sanitary disposal project is prohibited.

105.1(4) Each city and county shall, by ordinance, require persons within the city or county to separate yard waste from other solid waste generated. Municipalities which provide for collection of solid waste shall also provide for separate collection of yard waste.

105.1(5) The use of yard waste as land cover or soil conditioner is not prohibited. Land application of yard waste shall be in conformance with 567—Chapter 121.

567—105.2(455B,455D) Exemptions. The following proj–ects are exempt from this chapter. This exemption is not a defense to a nuisance action brought pursuant to Iowa Code chapter 657.

105.2(1) Yard waste or household organic waste composted and used on the same premises where it originated.

105.2(2) Composting facilities involving agricultural waste and clean wood waste free of coatings and preservatives necessary as bulking agent. Use of any other materials as bulking agent shall require prior approval by the department. If agricultural waste is mixed with other solid wastes for the purpose of composting, then this chapter shall apply unless the other solid wastes have been preapproved by the department as necessary as bulking agent.

105.2(3) Yard waste, household organic waste, and agricultural waste generated, composted together in any combination and used on the same premises where they originated.

105.3(1) The composting facility shall be 500 feet from any existing inhabited residence at the time the permit application was received by the department. Composting must be done outside of wetlands or unpermitted areas of the 100–year flood plain, at least 200 feet from public or private wells, 50 feet from property lines, and 100 feet from flowing or intermittent streams, lakes, or ponds. Sediment ponds, engineered wetlands or other constructed waterways for the purpose of pollution control are excluded from this requirement.

105.3(2) Composting shall be performed in a manner that minimizes the formation of compost leachate by the facility.

105.3(3) Measures shall be taken to prevent water from running onto the facility from adjacent land and to prevent compost leachate and runoff from leaving the composting facility.

105.3(4) Facilities shall be designed, constructed, and maintained so as to minimize ponding of water or liquids. Any ponding that does occur shall be corrected through routine facility maintenance within 48 hours after the termination of the event causing the ponding.

105.3(5) Composting must be done on an all–weather surface of compacted soil, compacted granular aggregates, asphalt, concrete or similar relatively impermeable material that will permit accessibility during periods of inclement weather and prevent contamination of surface water and groundwater.

105.3(6) Solid waste which cannot be composted or which is removed during processing shall be properly disposed of. Infectious waste shall not be accepted for composting at any composting facility unless approved by the department in writing.

105.3(7) Solid waste materials shall be managed through the entire process in accordance with best management practices to minimize conditions such as odors, dust, noise, litter and vectors which may create nuisance conditions or a public health hazard.

105.3(8) Storage of cured or finished compost shall be limited to 18 months.

105.3(9) If compost is offered for sale as a soil conditioner or fertilizer, the compost must be registered by the department of agriculture and land stewardship under Iowa Code chapter 200, Fertilizers and Soil Conditioners. Sale shall be in compliance with all applicable federal and state laws and local ordinances and regulations.

105.3(10) Compost shall not be applied to land, sold or given away unless the concentration of human–made inert materials such as glass, metal, and plastic is less than 1.5 percent by dry weight.

Compost shall not be applied to land, sold or given away unless the size of any human–made inert materials is less than 13 mm.

567—105.4(455B,455D) Specific requirements for yard waste composting facilities. Yard waste composting facility operators are encouraged to be trained, tested, and certified by a department–approved certification program upon approval of such a program by the department.

105.4(1) Before the composting facility commences operation, the department and the field office of the department serving the composting facility’s location shall be notified in writing of the following:

a. The location of the composting facility.

b. Legal description of the facility.

c. Landowner’s name, telephone number, and mailing address.

d. Responsible party’s name, telephone number, and mailing address.

e. Annual capacity of the facility.

f. Method of composting to be employed.

g. Source of the yard waste and any necessary bulking agent. This description must include a description of service area defined in terms of municipalities wherein sources of the material are located.

105.4(2) The facility shall have a permanent sign posted at the entrance specifying:

a. Name of operation.

b. Operating hours.

c. Materials which are accepted or the statement “All materials must have prior approval.”

d. Telephone number of 24–hour emergency contact person.

105.4(3) The area of the composting facility must be large enough for the volume of yard waste composted.

105.4(4) Yard waste must be taken out of containers before composting, unless the containers are compostable.

105.4(5) Aerobic conditions shall be maintained in accordance with best management practices.

105.4(6) An annual report for the previous fiscal year beginning July 1 and ending June 30 shall be submitted to the department by July 31 of each year. The report shall be submitted using Form 542–3276C, provided by the department, and all applicable sections of the form must be completed.

These records shall be maintained by the facility for a period of three years for inspection and evaluation by the department.

567—105.5(455B,455D) Small composting facilities receiving off–premises materials. The following compost operations are exempt from obtaining a solid waste composting permit provided the facility complies with 105.3(455B, 455D).

105.5(1) Acceptable materials and amounts. Yard waste and food residuals may be received from off premises at a total rate of two tons or less per week for composting either singly, in combination, or with agricultural waste. Any clean wood waste free of coating and preservatives may be used as a bulking agent. The two tons per week combined weight limit does not apply to bulking agent. However, the amount of bulking agent received must be appropriate for the amount of compostable materials received. Facilities composting over two tons of food residuals and yard waste per week in any combination from off premises must obtain a permit (Form 50 (542–1542)) and adhere to the solid waste composting requirements stipulated in 105.7(455B,455D) through 105.14(455B,455D). If only agricultural wastes are collected and composted, this rule does not apply. If only yard wastes are collected and composted, this rule does not apply.

105.5(2) Notification. Before the composting facility commences operation, the department and the field office of the department serving the composting facility’s location shall be notified in writing of the following:

a. The location of the composting facility.

b. Legal description of the facility.

c. Landowner’s name, telephone number, and mailing address.

d. Responsible party’s name, telephone number, and mailing address.

e. Annual capacity of the facility.

f. Method of composting to be employed.

g. Source of the feedstock and any necessary bulking agent. This description must include a description of service area defined in terms of municipalities wherein sources of the material are located.

105.5(3) Reporting. An annual report for the previous fiscal year beginning July 1 and ending June 30 shall be submitted to the department by July 31 of each year. The report shall be submitted using Form 542–3276C, provided by the department, and all applicable sections of the form must be completed.

These records shall be maintained by the facility for a period of three years for evaluation by the department.

567—105.6(455B,455D) Specific requirements for composting of dead farm animals. Dead farm animal composting facility operators are encouraged to be trained, tested, and certified by a department–approved certification program upon approval of such a program by the department. Composting of dead farm animals generated on the same farm as the composting facility is exempt from having a permit if the following operating requirements are met and the facility is in compliance with 105.3(455B,455D).

105.6(1) Before commencing operation, the operator is encouraged to notify the department. The department will provide general assistance, including locating bulking agent, to facilities notifying the department and requesting assistance.

105.6(2) Dead animals are incorporated into the composting process within 24 hours of death and sufficiently covered with any combination of agricultural waste, compost, straw and clean wood waste free of coatings and preservatives necessary as bulking agent to prevent access by domestic or wild animals.

105.6(3) Dead animals are not removed from composting until all soft tissue is fully decomposed.

105.6(4) Compost is applied to cropland or pastureland at rates consistent with the phosphorus, potassium and nitrogen use levels necessary (agronomic rates) to obtain optimum crop yields and is applied in a manner that prevents runoff. Application of compost to other lands shall require prior approval by the department.

105.7(1) Permit required. Solid waste composting facilities shall not be constructed or operated without a permit from the department. As part of the sanitary disposal project permit issuance procedures, these facilities must meet comprehensive planning requirements. Since these facilities serve as alternatives to landfilling, comprehensive planning requirements are minimal and are satisfied through the information provided in the permit application submittal and by compliance with the reporting requirements set forth in 105.12(455B,455D). If a solid waste composting facility is formally part of a planning area’s integrated waste management system, the operator must participate in that area’s planning activities and the facility must be included in all plan submittal documents. The issuance of a permit by the department in no way relieves the applicant of the responsibility of complying with all other local, state, or federal statutes, ordinances, and rules or other requirements applicable to the construction and operation of a solid waste composting facility.

105.7(2) Construction and operation. All solid waste composting facilities shall be constructed and operated according to the plans and specifications as approved by the department and the conditions of the permit. The approved plans and specifications shall constitute a term of the permit.

105.7(3) Transfer of title and permit. If title to a solid waste composting facility is transferred, then the department shall transfer the permit within 60 days if the department finds that the following requirements have been met:

a. The title transferee has applied in writing to the department within 30 days of the transfer of title to request a transfer of the permit.

b. The permitted facility is in compliance with the rules and conditions of the permit.

105.7(4) Permit conditions. Any permit may be issued subject to conditions specified in writing by the department that are necessary to ensure that the sanitary disposal project can be constructed and operated in compliance with Iowa Code chapters 455B and 455D and these rules.

105.7(5) Effect of revocation. If a permit held by any public or private agency for a solid waste composting facility is revoked by the director, then no new permit shall be issued to that agency for that sanitary disposal project for a period of one year from the date of revocation. This subrule shall not prohibit the issuance of a permit for the sanitary disposal project to another public or private agency.

105.7(6) Inspection prior to commencing operation. The department shall be notified 30 days prior to scheduled completion of a solid waste composting facility and when the construction has been completed. The department shall then complete an inspection of the facility to determine if the sanitary disposal project has been constructed in accordance with the plans and specifications and permit requirements. No solid waste shall be accepted by the facility until it has been inspected and approved by the department.

105.7(7) Duration and renewal of permits. Solid waste composting facility permits shall be issued for a period of three years, and renewable for similar terms, unless otherwise specified pursuant to 105.7(5).

105.7(8) Request for and approval of permit renewal. Requests for permit renewals shall be in writing and must be filed at least 90 days before the expiration of the current permit and submitted on a Form 50 to the department. The department may request that additional information be submitted for review in order to make a permit renewal decision. Comprehensive plan update requirements are satisfied through the information provided in the permit renewal application submittal and by compliance with the reporting requirements set forth in 105.12(455B,455D). If a solid waste composting facility is formally part of a planning area’s integrated waste management system, the operator must participate in that area’s plan update submittals. The department shall renew the permit if, after a review and inspection of the facility and its compliance history, the department finds that the facility is in compliance with its current permit and these rules. If the facility is found not to be in compliance with its current permit and these rules, then the sanitary disposal project shall be brought into compliance, or placed on a compliance schedule approved by the department, before the permit is renewed pursuant to 105.7(5).

105.7(9) Facility expansion. Prior to the facility’s expanding the amount or types of materials accepted, the facility shall make a request in writing and obtain approval from the department for an amendment to the permit.

105.7(10) Process change. Prior to a change in the facility’s process, the facility shall make a request in writing and obtain approval from the department for an amendment to the permit.

105.8(1) A permit application for a new facility shall include a completed Form 50 (542–1542) and a map or aerial photograph. This map or aerial photograph shall identify:

a. The boundaries of the facility.

b. Wells, streams, creeks, rivers, ponds, sinkholes, and drainage wells.

c. North or other principal compass points.

d. Zoning and land use within one–half mile of the closest portion of the facility.

e. Haul routes to and from the facility with load limits or other restrictions.

f. Homes and buildings within one–half mile of the closest portion of the facility.

g. Section lines or other legal boundaries.

h. Any nearby runway used or planned to be used by turbojet or piston–type aircraft at FAA–certified airports.

105.8(2) Design requirements. Design documents must be prepared by an Iowa–licensed professional engineer (Iowa Code chapter 542B) and must include the following:

a. Equipment to be installed, litter control devices, pollution control devices, fire control devices, landscaping, gates, personnel and maintenance facilities, sewer and water lines, and process water, and dimensions, details, and capacities of the proposed receiving, processing, production, curing, and storage areas.

b. Design calculations justifying the size of the composting areas. The areas for composting must be adequate for the volume of solid waste being composted in accordance with best management practices.

c. Descriptions, specifications, and capacities of proposed equipment to be used in composting.

d. Flow diagram of all operating steps.

e. Composition of the operating surface. Receiving, processing, production, and curing must take place on a constructed, impervious base that can support the load of the equipment used under all weather conditions. The permeability coefficient of the base must be less than 1 ? 10^–7 cm/sec (0.00028 feet/day). Storage areas for cured/finished compost must permit accessibility during periods of inclement weather.

f. Dimensions, details, and capacities of storm water management systems to prevent run–on and runoff from the composting facility. The storm water management systems must be designed to collect and store all runoff water from the proposed receiving, processing, production, curing, and storage areas resulting from a 25–year, 24–hour precipitation event. Storm water management systems must meet applicable federal and state storm water regulations and shall not discharge to surface waters except as allowed by an NPDES permit.

105.8(3) The operating plan shall provide the following:

a. Method of composting.

b. Duration of composting with a time frame for receiving, processing, production, curing, and storage.

c. Description of storage of raw materials including quantity and types.

d. Description of the types, amounts, and sources of wastes to be received and processed daily. This description must include a description of service area defined in terms of municipalities wherein sources of the material are located.

e. Description of the aeration method and the aeration frequency to be used to maintain aerobic conditions in accordance with best management practices.

f. Description of the methods to minimize and manage odors, dust, vectors, noise and litter.

g. Description of the specific procedures to be followed in case of equipment breakdown, maintenance downtime, and fire in equipment, composting material or buildings to include methods to be used to remove or dispose of accumulated waste and burned or damaged material.

h. Plans for using or marketing the finished compost.

i. Method(s) of disposing of collected storm water.

j. Method(s) of maintaining storm water management systems to maintain design volume and to locate and repair leaks in the system.

k. Description of the monitoring, sampling, and analysis procedures and schedule for testing the composting process and product including sampling frequency, sample sizeand number, and sample locations. A facility–specific time–temperature monitoring plan for pathogen kill shall be included in the operating plan.

567—105.9(455B,455D) Specific operating requirements for permitted solid waste composting facilities. Inaddition to the following, facilities shall comply with 105.3(455B,455D).

105.9(1) Access.

a. Access to the facility shall be restricted with a lockable gate at the entrance to the facility.

b. Access to the facility shall be allowed only when an employee, agent or representative of the facility is on duty.

c. Emergency access to the facility shall be provided. Fire lanes shall be maintained to provide access for firefighting equipment as required by the local fire department.

105.9(2) The facility shall have a permanent sign posted at the entrance specifying:

a. Name of operation.

b. Operating hours.

c. Materials which are accepted or the statement “All materials must have prior approval.”

d. Telephone number of 24–hour emergency contact person.

105.9(3) All materials received must be incorporated into the composting process within 24 hours of receipt unless storage of these materials is specified in the plan and approved by the department.

105.9(4) Sample collection, preservation, and analysis must be done in a manner which ensures valid and representative results. Facilities should follow the most recent version of the Test Methods for the Examination of Composting and Compost guidelines or other testing procedures as approved by the department. Unless otherwise proposed in the operating plan and authorized in the permit, the permit holder shall test at a minimum:

a. Twice weekly temperature readings of compost piles, batches, and windrows. Compost must be held at a temperature above 55 degrees Celsius (131 degrees Fahrenheit) for an appropriate amount of time, in accordance with best management practices, in order to meet pathogen reduction.

b. Weekly moisture levels of compost piles, batches, and windrows.

c. Testing of the finished product. Compost shall not be applied to land, sold or given away for household use unless the following requirements are met. If the following requirements are not met, compost must be applied according to 567—Chapter 121.

(1) The density of fecal coliform shall be less than 1000 most probable number (MPN) per gram of total solids (dry weight basis) or the density of Salmonella sp. bacteria in compost shall be less than three MPN per four grams of total solids (dry weight basis).

(2) The concentrations of human–made inert materials comply with 105.3(10), and the concentrations of all metals are less than the following:

567—105.10(455B,455D) Operator certification for permitted solid waste composting facilities. All permitted solid waste composting facilities shall meet the following requirements. The person responsible for daily operation of the facility shall be certified by a department–approved program upon approval of such a program by the department.

567—105.11(455B,455D) Record–keeping requirements for solid waste composting facilities. All permitted solid waste composting facilities shall meet the following requirements. The following records shall be maintained at the facility at all times and shall be submitted to the department upon request:

1. Analytical results described in 105.9(4). These results shall be recorded on a department–approved reporting form.

2. Types and weight of compostable materials and bulking agent, in tons, accepted at the facility annually.

3. Weight of compost, in tons, removed from the facility annually.

4. A copy of the plan, the permit, annual reports, and the current storm water pollution prevention plan.

567—105.12(455B,455D) Reporting requirements for solid waste composting facilities. An annual report for the previous fiscal year beginning July 1 and ending June 30 shall be submitted to the department by July 31 of each year. The report shall be submitted using Form 542–3276C, provided by the department, and all applicable sections of the form must be completed.

567—105.13(455B,455D) Closure requirements for solid waste composting facilities. All permitted solid waste composting facilities shall meet the following requirements. For each composting facility, a closure plan shall be submitted to the department containing a description of the steps necessary to close the facility. A permit shall not be issued unless the closure plan is approved.

105.13(1) An updated closure plan, including a schedule for closure, shall be submitted to the department at least 60 calendar days prior to the proposed termination date for the facility.

105.13(2) Unless an alternative schedule is approved by the department, within six months of the facility’s ceasing operation, all waste and unfinished and finished compost shall be removed from the premises.

105.13(3) Facilities beneficially reusing material in order to comply with 105.13(2) are required to submit in written form all agreements for this reuse. This beneficial reuse shall include names of parties involved, amount of material utilized, and cost per ton. The closure plan will not be approved until these agreements are submitted to and approved by the department. The department shall also be notified of any changes in the agreements.

105.13(4) Upon closure, all permitted solid waste composting facilities shall perform the following activities:

a. Properly dispose of all organic material, solid waste and litter at the premises.

b. Lock all doors, gates, entrances, and exits.

c. Report the completion of these activities to the local political jurisdiction, the department, and the department field office serving the composting facility.

567—105.14(455B,455D) Composting facility financial assurance. The holder of a permit for a composting facility receiving over 5,000 tons of feedstock annually, bulking agent excluded, shall maintain a closure account for financial assurance. The account shall be specific to a particular facility.

105.14(1) Definitions. For the purpose of this rule, the following definitions shall apply:

a. “Account” means a formal set of separate records.

b. “Current cost estimate” means the cost estimate for 105.14(2) prepared and submitted to the department on an annual basis by an Iowa–licensed professional engineer, or other professional as approved by the department.

105.14(2) Current cost estimate. The current cost estimate shall be based upon of the following factors:

a. Transportation costs and total tip fees to properly dispose of the maximum tonnage of received materials that could be managed and stockpiled by the compost facility. Also included shall be the costs of properly removing any wastewater held at the facility, or

b. Cost of approved beneficial reuse option, approved pursuant to 105.13(3), for the total amount of material that could be managed and stockpiled by the composting facility. If the total amount of material will not be beneficially reused, the remainder of the cost shall be calculated according to 105.14(2)“a.” Also included shall be the costs of properly removing any wastewater held at the facility.

105.14(3) Closure account.

a. Nonassignment of funds. Money in the account shall not be assigned for the benefit of creditors except the state of Iowa.

b. Final judgments. Money in an account shall not be used to pay any final judgment against a permit holder arising out of the ownership or operation of the facility during its active life or closure.

c. Withdrawal of funds. Money in the account may be withdrawn without departmental approval only for the purpose of funding closure activities, including partial closure, that are in conformance with the closure requirements for composting facilities. Withdrawals for activities not in conformance with a closure requirement must receive prior written approval from the department.

d. Excess funds. If the balance of a closure account exceeds the current cost estimate for closure at any time, then the permit holder may withdraw the excess funds so long as the withdrawal does not cause the balance to be reduced below the amount of the current cost estimate.

e. Initial proof of establishment of account and funds. Proof of the establishment of the account and its compliance with this subrule shall be submitted to the department within 30 days of the close of the permit holder’s first fiscal year that starts following the adoption of this rule or at the time of application for a permit for a new composting facility.

f. Deposits. Deposits into the closure account shall be made on an annual basis for a period of ten years, in the amount specified in this subrule, beginning with the start of the permit holder’s first fiscal year that starts following the adoption of this rule. The deposits shall be made within 30 days of the close of the permit holder’s fiscal year. The minimum annual deposit to the closure account shall be determined using the following formula:

“CE” means the current cost estimate of closure costs, as applicable.

“CB” means the current balance of the closure account, as applicable.

“Y” means the number of years remaining in the ten–year pay–in period.

g. Investment of funds. Funds held in the account established by this subrule may be invested only in instruments listed at Iowa Code section 12B.10(5).

h. Access to funds by the department. The department shall have full rights of access to all funds existing in a facility’s closure account, at the sole discretion of the department, if the permit holder fails to undertake closure activities after being directed to do so by a final agency action of the department. These funds shall be used only for the purpose of funding closure activities at the facility.

567—105.15(455B,455D) Variances. In specific cases, the department may approve a variance from the requirements of this chapter if the variance is not contrary to the public health and safety and, due to special conditions, the enforcement of this chapter would result in unnecessary hardship, so long as the spirit of the chapter is observed.

A request for a variance must be submitted in writing to the department and the field office of the department serving the facility. The request may be made during the notification process or with an application for a permit. Any approval of a variance from the department must be in writing.

These rules are intended to implement Iowa Code sections 455B.304 and 455D.9.

Pursuant to the authority of Iowa Code section 455D.7(1), the Environmental Protection Commission hereby gives Notice of Intended Action to rescind Chapter 117, “Requirements for Waste Tire Facilities,” and Chapter 219, “Beneficial Uses of Waste Tires,” and to adopt a new Chapter 117, “Waste Tire Management,” Iowa Administrative Code.

This rule making rescinds two separate chapters, one regarding the permitting of waste tire storage and processing sites and the other providing beneficial use determinations for waste tires, and combines the content of the rescinded chapters within new Chapter 117. The new chapter provides greater effectiveness, clarity, and consistency with legislative intent and statutory authority for waste tire management regulation, in accordance with the Governor’s Executive Order Number 8, issued September 14, 1999.

Any interested party may make written suggestions or comments on the proposed rules on or before March 12, 2002. Such written comments should be directed to Mel Pins, Waste Management Assistance Division, Department of Natural Resources, Wallace State Office Building, 502 E. 9th Street, Des Moines, Iowa 50319–0034; fax (515) 281–8895. Persons who wish to convey their views by telephone also should contact Mel Pins, Waste Management Assistance Division at (515)281–8489 or at the Division offices on the fifth floor of the Wallace State Office Building.

A public hearing will be held on March 12, 2002, at 1 p.m. in the Fifth Floor East Conference Room, Wallace State Office Building, Des Moines, Iowa, at which time comments may be submitted either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the rules.

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

These amendments are intended to implement Iowa Code section 455D.7(1).

The following amendments are proposed.

ITEM 1. Rescind 567—Chapter 117 and adopt the following new chapter in lieu thereof:

CHAPTER 117
WASTE TIRE MANAGEMENT

567—117.1(455D) Purpose. The purpose of this chapter is to establish guidelines for the proper management of waste tires, including disposal, collection, storage, processing, and beneficial reuse of waste tires and processed waste tire materials. Nothing in these rules shall limit a waste tire storage or processing site from compliance with more stringent local ordinances, fire codes, or other applicable statutes.

567—117.2(455D) Definitions. As used in this chapter:

“Bagel cut” means to cut a tire in half along its circumference.

“Baled tire” means a method of volume reduction of waste tires, whereby whole or cut tires are compacted into a bundle and then banded together to form a tire bale. Baled tires shall not be considered processed tires and shall be defined as solid waste, unless they are incorporated into an approved beneficial use project.

“Beneficial use” means the use or application of waste tires or processed tires in a manner that provides a benefit to an end user and that does not pose a threat to the environment or to public health and safety. Use of waste tires or processed tires primarily as a means for land disposal shall not be considered a beneficial use.

“Civil engineering application” means a form of reusing waste tires, either whole or processed, in place of naturally occurring materials in construction, so long as the waste tires provide a defined engineering benefit.

“Crumb rubber” means a material derived by reducing waste tires or other rubber into uniform granules of 3/8” or less, with the inherent reinforcing materials such as steel and fiber removed along with other contaminants.

“Cut tire” means a waste tire from which the tire face, tread, or sidewall has been cut or removed for beneficial use. A cut tire shall consist of pieces greater than 18” on any one side.

“Department” means Iowa department of natural resources.

“End user” means an industry, utility, business, entity, or individual that receives whole waste tires or processed tires and uses them for a raw material in a manufactured product, for energy recovery, or other beneficial use. A tire processor shall not be considered an end user.

“Energy recovery” means the extraction of the fuel or heat value from whole or processed tires through their controlled combustion at a permitted utility or industry.

“Land quality and waste management assistance division” means the land quality and waste management assistance division of the department of natural resources established by Iowa Code section 455B.483.

“Operator” means the individual, corporation, or party that manages the daily work activities related to the collection, storage, and processing of waste tires and processed tire materials at a waste tire stockpile site or processing facility.

“Owner” means the individual, corporation, or party that is the legal owner of the real estate where a waste tire stockpile site or processing facility exists.

“Passenger tire equivalent” means a conversion measurement that is used to estimate waste tire weights and volume amounts and in which one passenger car tire with a rim diameter of 17 inches or less is equal to 20 pounds. One cubic yard of volume shall contain 10 passenger tire equivalents. Tires larger than a passenger car tire shall be evaluated for volumes using this conversion measurement.

“Permit” means a permit issued by the department to establish, construct, modify, own, or operate a waste tire storage or processing site.

“Processed tire” means a tire that has been processed through grinding, shredding, or other means, thereby producing a material that is readily suitable for marketing into product manufacturing, energy recovery, or other beneficial reuse markets. Waste tires that have been compacted, baled, cut, or shredded without a suitable market shall not be considered processed tires and shall be regulated as solid waste.

“Processing” means producing or manufacturing usable materials from waste tires.

“Processing site” means a site which is used for the processing of waste tires and which is owned or operated by a tire processor who has a permit for the site.

“Site” includes all contiguous parcels of land under the ownership, management, or financial interest of an owner or operator receiving a permit through this chapter. Public rights–of–way and their easements shall not affect the continuity of a site for the purposes of this chapter.

“Site of end use” means a site where processed waste tires are recycled or reused in a beneficial manner authorized by the department.

“Tire bale.” See “baled tire.”

“Tire casing” means a used and worn tire that is suitable for the process of recapping. A tire casing stored for more than one year without being recapped shall be considered a waste tire.

“Tire collector” means a permitted person or business that owns or operates a site used for the storage, collection, or deposit of more than 500 waste tires or an authorized vehicle recycler who is licensed by the department of transportation pursuant to Iowa Code section 321H.4 and who owns or operates a site used for the storage, collection, or deposit of more than 3,500 waste tires.

“Tire processor” means a permitted individual or business that processes tires through grinding, shredding, or other means, thereby producing a material that is readily suitable for marketing into product manufacturing, energy recovery, or other beneficial reuse markets. “Tire processor” does not mean a person who retreads tire casings or who collects and stores tires.

“Used tire” means a tire that previously has been on a vehicle but that retains suitable tread depth and is free of damage or defects so that it may be safely returned to its original purpose.

“Waste tire,” as defined in Iowa Code section 455D.11, means a tire that is no longer suitable for its originally intended purpose due to wear, damage, or defect. “Waste tire” does not include a nonpneumatic tire.

“Waste tire hauler” means an individual or business providing waste tire hauling and disposal services, in accordance with Iowa Code section 9B.1.

“Waste tire stockpile” means a site that is used for the storage, collection, or deposit of waste tires or tire bales, including indoor, outdoor, and underground storage.

117.3(1) Land disposal prohibited. Land disposal of waste tires, in whole, cut, or shredded form, is prohibited. Waste tires shall be accepted at a permitted sanitary landfill for final disposal if the tires have first been cut into pieces that are not more than 18 inches on any side.

117.3(2) Transport to permitted facilities. A person who transports waste tires for final disposal is required to dispose of the tires only at a permitted facility.

117.3(3) Registered waste tire hauler. A person who contracts with another person to transport more than 40 waste tires is required to contract only with a person registered as a waste tire hauler, pursuant to Iowa Code section 9B.1.

117.4(1) Storage quantity limitations.

a. No business or individual shall store more than 500 passenger tire equivalents without obtaining a permit for a waste tire stockpile pursuant to 117.4(2).

b. Businesses or individuals may temporarily store up to 1,500 passenger tire equivalents without obtaining a waste tire stockpile permit, subject to the following requirements:

(1) The waste tires are stored only in a mobile container, truck, trailer, or cage provided or serviced by a registered waste tire hauler.

(2) The waste tires are removed by the waste tire hauler or delivered to a waste tire processor at least every 60 days.

(3) The waste tire generator has a written copy of a contract or service agreement for waste tire disposal services from a registered waste tire hauler.

c. A permitted municipal landfill or solid waste transfer station shall be allowed the storage of up to 1,500 passenger tire equivalents without a permit if the waste tires are removed at least every 120 days and are stored in a manner to minimize the collection of water.

d. Persons who use waste tires for an approved beneficial use shall not be required to obtain a waste tire stockpile permit, subject to their compliance with the provisions of rule 117.8(455D).

117.4(2) Waste tire stockpile permit.

a. Any business or individual storing more than 500 passenger tire equivalents on any one site must obtain a waste tire stockpile permit. This subrule is applicable to the indoor, outdoor, and underground storage of waste tires. If the site cannot meet the conditions to obtain a waste tire stockpile permit, the waste tires must be removed from the site and properly disposed of within 30 days.

b. Any business, individual, owner or operator seeking to construct a waste tire stockpile must obtain the permit from the department before initiating such operations. The permit shall be issued directly to the owner of the site and the designated tire collector that will be operating the stockpile.

c. Permits shall have an annual fee of $850, payable to the department upon the application for a permit, and due annually beginning each July 1 thereafter at the rate of $850. Permit fees shall not be prorated. The permit shall be valid for a period of three years from date of issuance. Failure to remit the annual renewal fee shall be cause for the department to revoke the permit.

d. Application for a permit must be made on a form provided by the department and must include, at a minimum, the following:

(1) The name, address, and telephone number of the individual who directly owns the stockpile site.

(2) The name, address, and telephone number of the tire collector at the stockpile site, if different from the owner.

(3) A scaled map showing the areas proposed to be used for the storage of the waste tires, all property boundaries of the site, and the location of all buildings and major improvements on the site and within 300 feet of the property boundary.

(4) A vector control plan to prevent infestations of mosquitoes and rodents for aboveground storage in an open area. The plan shall be prepared by a firm that provides professional vector management services. The permittee must provide documentation to show adequate implementation and monitoring of the vector control plan.

(5) A site closure plan. The plan shall describe the actions that would be taken to properly dispose of waste tire materials at the site 30 days prior to any intent to discontinue operations at the site so that, upon discontinuance of the operation, no violations of waste tire or solid waste disposal laws and regulations will exist.

(6) An emergency response and remedial action plan, developed and implemented according to the provisions of 567—102.16(455B).

(7) A financial assurance instrument in compliance with rule 117.7(455D).

(8) A certified check for $850 made payable to the Department of Natural Resources.

117.4(3) Permitted storage requirements. A permitted waste tire stockpile site shall meet the following minimum permit conditions as set by the department:

a. Aboveground storage, open area.

(1) A waste tire stockpile site shall not contain more than 250,000 passenger tire equivalents.

(2) A single waste tire pile shall not contain more than 50,000 cubic feet of waste tires.

(3) The vertical dimension of a waste tire pile shall not exceed ten feet.

(4) A single waste tire pile shall not be more than 100 feet in length.

(5) The surface area covered by a waste tire pile shall not exceed 5,000 square feet.

(6) A 40–foot fire lane must be maintained between any two tire piles.

(7) Tire bales shall be stored in piles no greater than 10 feet in height, 25 feet in width, or 50 feet in length, with a separation distance of 40 feet between piles of tire bales.

(8) A waste tire pile must be located at least 20 feet from any property line, street, public right–of–way, or building.

(9) Trees and brush shall be cleared within 20 feet of any tire pile.

(10) Combustible materials or volatile chemicals shall not be stored within 20 feet of any tire pile.

(11) The site must be graded to prevent any standing pools of water and to limit the run–on of precipitation.

(12) The stockpile site must be secured by a fence or barrier of a minimum of six feet in height to impede unauthorized vehicle and personal access. All gates and entry points shall be secured and locked when site personnel are not present.

(13) The perimeter of the site must be posted with signs which state that burning is prohibited within 300 feet of any tire pile. The signs shall be posted every 100 feet and shall be legible at a distance of 100 feet. Signage must be placed for visibility and the attention of those on site, as well as of those on the outside of the perimeter.

b. Aboveground storage, enclosed area. Storage of waste tires shall comply with the requirements of 117.4(3)“a,” subparagraphs (2) through (7), and the following:

(1) To qualify as an enclosed area, the area must be enclosed in a structure with a permanent roof and lateral protection to prevent precipitation from accumulating within the tires.

(2) An enclosed storage structure shall not contain more than 50,000 passenger tire equivalents.

(3) Combustible materials or volatile chemicals shall not be stored in a structure permitted for tire storage.

(4) The storage structure must be secured from unauthorized access.

(5) The perimeter of the site and the building structure must be posted with signs which state that burning is prohibited within 300 feet of the storage structure. The signs shall be posted every 50 feet and shall be legible at a distance of 100 feet. Signage must be placed for visibility and the attention of those on site, as well as of those on the outside of the perimeter.

c. Underground storage. To qualify as an underground waste tire storage site, the site must meet the following conditions:

(1) The site must be a licensed grain warehouse.

(2) All underground storage areas must be dry and not prone to the entry of surface water or groundwater.

(3) The underground storage areas must be secured from unauthorized access by locking gates, doors, barriers, or other devices.

(4) The site shall not store any volatile chemicals or other combustible materials within 150 feet of the tire storage area.

(5) The site shall have access lanes, not less than 20 feet in width, arranged so that no portion of the storage area is more than 150 feet from an access lane.

(6) The tires shall not be buried by debris, rubble, or other cover within the underground storage site.

(7) The underground storage site shall be limited to a maximum storage capacity of 4 million passenger tire equivalents.

117.4(4) Reporting requirements. The holder of a permit for a waste tire stockpile facility shall make a semiannual report to the department on a form as provided or approved by the department. The report shall state the following:

a. Quantity of waste tires stored at the facility at the time of reporting, determined by count or weight and reported in passenger tire equivalents.

b. Quantity of waste tires received from in–state sources during the reporting period.

c. Quantity of waste tires received from out–of–state sources during the reporting period.

d. For any waste tires removed from the permitted stockpile site during the reporting period, the quantity shall be given by equivalent count or weight of such waste tires re–moved. Documentation shall be provided to denote how the reported quantity of tires were disposed of at a permitted facility, reused, or resold.

117.5(1) Acceptable used tire storage. A used tire shall be stored in a manner that provides for the following:

a. Prevention of the collection of water, dirt, or debris within the tire.

b. Organized storage through stacking, rows, and sorting which provides for accurate descriptions and counts of the types and sizes of tires stored.

c. Storage conforms to applicable local and state fire codes.

117.5(2) Inventory resale and reuse. Used tires stored for more than one year, without documentation of active resale or reuse of tire inventory in a proportion equal to 75 percent of the amount stored, shall be considered waste tires and shall be subject to the applicable waste tire storage and disposal rules of this chapter.

117.6(1) Waste tire processing facility permit.

a. Any business or individual operating a tire processing facility shall obtain a waste tire processing permit prior to commencing such operations. The permit shall be issued directly to the owner and operator of the company that will be operating the tire processing facility.

b. Facilities that accept waste tires to cut, grind, or compact only for final disposal at a permitted sanitary disposal project shall be required to obtain a waste tire processing permit in accordance with these rules. Such facilities shall not store any cut or shredded waste tire materials for more than 30 days.

c. Businesses or individuals operating mobile waste tire processing equipment shall be required to obtain a waste tire processing permit. The permit shall authorize the operator to provide waste tire processing services statewide; however, mobile operations shall not be allowed to store any processed or whole waste tires at any facility or site owned or operated by the permittee, unless specifically authorized within the permit.

d. Businesses or individuals who cut, grind, or compact for disposal waste tires generated directly from operations at their own on–site manufacturing operation or service facility shall not be required to obtain a waste tire processing permit provided that all waste tire materials processed on–site are disposed of at least every 30 days at a permitted facility and no more than 500 waste tires are processed monthly.

e. Processing permits shall have an annual fee of $850, payable to the department upon the application for a permit, and due annually beginning each July 1 thereafter at the rate of $850. Permit fees shall not be prorated. The permit shall be valid for a period of three years from date of issuance. Failure to remit the annual renewal fee shall be cause for the department to revoke the permit.

f. A permitted processing facility shall have a site closure plan. The plan shall describe the actions that would be taken to properly dispose of all waste tire materials, in whole or processed form, at the site 30 days prior to any intent to discontinue operations at the site so that, upon discontinuance of the operation, no violations of waste tire or solid waste disposal laws and regulations will exist.

g. A permitted processing facility shall have an emergency response and remedial action plan, developed andimplemented according to the provisions of 567— 102.16(455B).

h. A permitted processing facility shall obtain financial assurance in accordance with rule 117.7(455D), as necessary.

i. Application for a processing permit must be made on a form provided by the department and must include, at a minimum, the following:

(1) The name, address, and telephone number of the individual who directly owns the tire processing facility.

(2) The name, address, and telephone number of the operator of the processing facility, if different from the owner of the tire processing facility.

(3) The type of processing operations to be conducted at the facility, including descriptions of processing equipment and its hourly capacity, operating hours of the facility, and types of processed tire materials to be produced.

(4) A scaled map showing all areas proposed for waste tire storage and processing operations, all property boundaries of the site, and the location of all buildings and major improvements on the site and within 300 feet of the property boundary.

(5) A site closure plan, as referenced in 117.6(1)“f.”

(6) An emergency response and remedial action plan, as referenced in 117.6(1)“g.”

(7) A certified check for $850 made payable to the Department of Natural Resources.

(8) A financial assurance instrument in compliance with rule 117.7(455D).

117.6(2) Permitted waste tire processing facility permit requirements. A permitted waste tire processing facility shall meet the following minimum permit requirements as set by the department. Nothing in this rule shall limit the permitted tire processing facility from compliance with more stringent local ordinances, fire codes, or other applicable statutes.

a. The site must be graded to prevent any standing pools of water and to limit the run–on of precipitation in all areas where waste tires or processed tire material is stored.

b. The processing facility site must be secured by a fence or barrier of a minimum of six feet in height to impede unauthorized vehicle and personal access. All gates and entry points shall be secured and locked when site personnel are not present.

c. The perimeter of the site must be posted with signs which state that burning is prohibited within 300 feet of the site. The signs shall be posted every 100 feet and shall be legible at a distance of 100 feet. Signage must be placed for visibility and the attention of those on site, as well as of those on the outside of the facility’s perimeter.

117.6(3) Preprocessed whole waste tire storage.

a. Permitted storage of whole waste tires on site prior to processing shall be limited to the quantity of tires that the facility has the ability to process within a three–day period. This quantity shall be determined by multiplying the actual number of working hours that processing is normally to occur during a typical three–day period by 80 percent of the manufacturer’s specifications of hourly capacity of the processing equipment. After one year of the facility’s operation, documented actual hourly production shall be used for this permit determination in lieu of the manufacturer’s equipment specifications.

b. A tire processor may store an additional three–day capacity of preprocessed waste tires, above the initial three–day capacity, using the same quantity determination as stated in 117.6(3)“a,” subject to the tire processor’s obtaining and maintaining financial assurance for these additional tires to be stored prior to processing in accordance with rule 117.7(455D).

c. Under no circumstance shall a waste tire processor be allowed the storage of more than 75,000 preprocessed waste tires, measured as passenger tire equivalents, through any combination of processing performance or financial assurance determinations.

d. Any single waste tire shall not be stored at the processing facility for more than 30 days before the tire is proc–essed.

e. Any tire bales produced or stored at a tire processing facility shall count toward the maximum allowable quantity of preprocessed waste tire storage.

f. All preprocessed tires stored outdoors shall comply with the following:

(1) A single waste tire pile shall not contain more than 50,000 cubic feet of waste tires.

(2) The vertical dimension of a waste tire pile shall not exceed 10 feet.

(3) A single waste tire pile shall not be more than 100 feet in length.

(4) The surface area covered by a waste tire pile shall not exceed 5,000 square feet.

(5) A 40–foot fire lane must be maintained between any two tire piles.

(6) A waste tire pile shall not be located within 20 feet of any property line, street, public right–of–way, or building.

(7) Trees and brush shall be cleared within 20 feet of any tire pile.

(8) Combustible materials or volatile chemicals shall not be stored within 20 feet of any tire pile.

(9) Waste tires stored in semitrailers, mobile cages, or containers must be at least 10 feet from any property line or building.

(10) Tire bales shall be stored in piles no greater than 10 feet in height, 25 feet in width, or 50 feet in length, with a separation distance of 40 feet between piles of tire bales.

g. Indoor storage of more than 500 passenger tire equivalents shall not be allowed within 20 feet of any waste tire processing or handling equipment. All waste tires being actively loaded or fed into processing equipment, including those being off–loaded from trucks, trailers, or containers, shall be cleared away from the processing equipment by the end of the last working shift of the day. Any remaining indoor storage shall comply with the requirements of 117.4(3)“b,” subparagraphs (3) through (7), and the following:

(1) No more than 10,000 passenger tire equivalents shall be stored indoors.

(2) Combustible materials or volatile chemicals shall not be stored within 20 feet of any waste tire storage area unless they are stored in approved containers pursuant to applicable fire codes.

(3) The storage structure must be secured from unauthorized access.

117.6(4) Processed tire storage.

a. Storage of processed tire materials at a tire processing facility shall be limited to the volume of material in aggregate that the processor manufactures within a consecutive 60–day period, using the facility’s daily average capacity for processing whole tires as determined in 117.6(3)“a.” The department shall have the final authority for determining the allowable quantities of processed tire materials to be stored.

b. Under no circumstances shall the equivalent of more than 500,000 processed tires, or 5,000 tons of material, be stored at the processing site.

c. All processed tire material at the site of processing shall be stored as follows:

(1) Processed tires that have been shredded or ground into pieces that are 9” or smaller shall be stored in piles no more than 15 feet in height, 100 feet in length, and 50 feet in width and shall contain no more than 75,000 cubic feet of product by volume.

(2) Processed tires cut into strips, sidewalls, or other pieces larger than 9” shall be stored in piles no more than 10 feet in height, 100 feet in length, and 50 feet in width and shall contain no more than 50,000 cubic feet of product by volume.

(3) A 40–foot fire lane must be maintained between piles of processed tire material, with the base of the lane kept free from the accumulation of waste tire–derived residuals or materials or other debris.

(4) All processed tire material shall be stored at least 20 feet from any property line, street, public right–of–way, or building.

(5) Trees and brush shall be cleared within 20 feet of the storage of all processed tire material.

d. For indoor storage of more than 5,000 cubic feet of processed tire material, the material shall be stored on concrete floors and all retaining walls, bins, barriers, and roofing material for the material storage shall be constructed of nonflammable materials.

e. The processor must demonstrate a reasonable market demand for all types and quantities of processed product stored at the processing site. Market demand for processed waste tire products shall be demonstrated by the processor through a least one of the following criteria:

(1) Active contracts, purchase orders, or supply agreements with an end user, noting quantities of material required by the end user, specifications of the quality of the product required by the end user, and monthly or annual demand of product by the end user from the processor. This information shall be made available for review by the department as required to determine compliance with this rule.

(2) Historic, ongoing demand for product by an end user or type of end user, within the state or surrounding region.

(3) Information and evidence that any proposed new product or use for processed waste tires produced by the tire processor will be marketed in a timely fashion, with sufficient demand and consumption by end user markets.

f. The department shall have the final authority in determining storage limitations, including prohibition, for processed tire products when active markets are not evident from information provided by the tire processor.

117.6(5) Reporting requirements. The holder of a permit for a waste tire processing facility shall make a semiannual report to the department on a form as provided or approved by the department. The report shall state the following:

a. Quantity of waste tires received by the facility during the reporting period.

b. Quantity of waste tires received by the facility from in–state sources.

c. Quantity of waste tires received by the facility from out–of–state sources.

d. Quantity of unprocessed waste tires on hand at the facility at the time of reporting.

e. Quantity of waste tires processed and delivered to end users during the reporting period, by product type, with determinations of quantities of product delivered to in–state and out–of–state markets.

f. Quantity of processed tire material currently stored at the facility, by product type.

117.6(6) Disposal of processing solid wastes.

a. All waste materials, residuals, and scraps derived from tire processing operations shall be regulated as solid waste. These materials include, but are not limited to, tire bead rings, metal wire, synthetic fibers, and cording.

b. All of these solid wastes must be disposed of at least every 60 days at a permitted sanitary disposal project, scrap recycler, or a location approved by the department.

c. Documentation of the disposal of these solid wastes must be kept at the processing facility for a period of three years.

567—117.7(455D) Financial assurance for waste tire sites. Permitted waste tire stockpile sites and waste tire processing facilities must obtain and submit a financial assurance instrument to this department for permitted waste tire storage, in accordance with these rules. The financial assurance instrument shall provide monetary funds to properly dispose of any waste tires that may remain at a waste tire site due to the owner’s or operator’s failure to properly close the site within 30 days of permit termination, revocation, or expiration. Waste tire storage and processing sites operated by state, county, or city agencies or operated in conjunction with a sanitary landfill shall not be required to obtain financial assurance instruments.

117.7(1) No permit without financial assurance. A permit shall not be issued to the owner and operator of a waste tire processing or storage site until a financial assurance instrument has been submitted to and approved by the department as necessary.

117.7(2) Financial assurance amounts required.

a. Waste tire stockpile sites shall have financial assurance coverage equal to 35 cents per waste tire collected and stored prior to July 1, 1998, and 85 cents per waste tire collected and stored on or after July 1, 1998.

b. If the owner or operator of a waste tire stockpile does not have adequate records to determine the time frame within which waste tire inventories were initially collected, then financial assurance amounts shall be determined by allocating the number of tires stored proportionally between the time period the facility has operated before and after July 1, 1998.

c. Waste tire processing sites shall have financial assurance coverage equal to 85 cents per waste tire stored above the permitted three–day processing capacity, in accordance with 117.6(3)“b.”

117.7(3) Acceptable financial assurance instruments. Financial assurance may be provided by cash, surety bond, letter of credit, secured trust fund, or corporate guarantee, as follows:

a. Cash payments shall be provided by a certified check, made payable to the Department of Natural Resources.

b. A surety bond must be written by a company authorized by the commissioner of insurance to do business in the state, and the surety bond shall comply with the following:

(1) The bond shall be in a form approved by the commissioner of insurance and shall be payable to the department of natural resources.

(2) The bond must be continuous until canceled by the surety. Written notice of intent to cancel the bond must be provided to the owner and operator and to the department at least 90 days before the effective date of cancellation.

c. A secured trust fund shall name the department of natural resources as the entity authorized to draw funds from the trust, subject to proper notification to the trust officer of failure by the permittee to comply with proper removal and disposal of waste tires covered by the financial assurance provided by the trust.

d. The department may require a financial audit of an individual or firm requesting the use of a letter of credit or guarantee, at the expense of the permittee.

117.7(4) Financial assurance cancellation and permit suspension.

a. Within 30 days of receipt of a written notice of cancellation of financial assurance by the surety, the owner or operator must provide the department an alternative financial assurance instrument. If a means of continued financial assurance is not provided within that 30 days, the department will suspend the permit.

b. The owner or operator shall perform proper closure within 30 days of the permit suspension. For the purpose of this rule, proper closure means removal of all tires and related products from the site or facility through acceptable disposal or processing options.

c. If the owner or operator does not properly close the site within the 30–day period allowed, the department shall file a claim with the surety company, trust, or other financial assurance instrument provider to collect the amount of funds necessary to properly close the site.

d. Any financial assurance instrument provided to the department in compliance with this rule must be payable to the department and must remain in continuous effect until the director of the department gives written notification to the owner, operator, and surety provider that the covered site has been properly closed. An owner or operator who elects to terminate a permitted activity, or whose renewal application has been denied, or whose permit has been suspended or revoked for cause, must submit within 30 days of the termination of the permit a schedule for completing proper closure of the terminated activity. Closure completion cannot exceed 60 days from the date of termination of the permit.

e. The director may request payment from any surety to provide for the purpose of completing closure when one of the following circumstances exists:

(1) The owner or operator is more than 15 days late in providing a schedule for closure or for meeting any date in the schedule for closure.

(2) The owner or operator declares an economic inability to comply with this rule, either by sending written notification to the director or through an action such as, but not limited to, filing for bankruptcy.

117.8(1) Role of the department. In order to ensure that all approved uses of whole or processed waste tires do not pose a threat to the environment or to public health, welfare, and safety, the department shall have the authority to determine if a proposed use of waste tires is beneficial and shall have the authority to approve or deny applications if such a benefit is not evident. Proposed beneficial uses in which the primary purpose of the project is as a land disposal mechanism shall not be approved.

117.8(2) Waste tire products exempted. The following end uses of materials derived, processed, or recycled from waste tires shall be considered beneficial reuses under this chapter and shall not require individual beneficial use designations from the department for their use at a specific site of end use:

a. Asphalt rubber, including asphalt cement modified with a crumb rubber modifier;

b. Buffing rubber, defined as high quality tire rubber, which is a by–product from the conditioning of tire casings in preparation for retreading;

c. Carbon black derived from the thermal or oxidative decomposition of tires;

d. Crumb rubber material, including rubber granules used for soil amendments or surfacing materials for playgrounds, equestrian arenas, and athletic fields;

e. Crumb rubber modifiers used in asphalt paving materials;

f. Tire–derived fuel (TDF), which is a fuel derived from waste tires, including whole tires, processed into pieces that satisfy the specifications of the end user for use as either a primary or supplemental fuel. Use of TDF requires modification of air source construction and operation permits if such use is not already recognized in the end user’s permit.

117.8(3) Beneficial uses for whole waste tires. This subrule establishes acceptable beneficial uses for whole waste tires and required notifications and approvals that must be obtained from the department prior to placement of waste tires at the site of end use. The following applications shall be considered acceptable beneficial uses for whole waste tires:

a. Tire swings, sandboxes, or other equipment for child play areas on residential lots or at schools, care centers, and recreational areas;

b. Dock bumpers at vehicle loading/unloading docks or marine docks;

c. Crash barriers at racetracks;

d. Agricultural uses to hold down covers over hay, silage, and other agricultural commodities. When not in use, the tires should be neatly stacked;

e. Structures for military and police training at facilities under ownership or management of local, state, or federal agencies;

f. Artificial fishing reefs and fish habitat structures constructed at facilities under ownership or management of a county conservation board, the department, or a federal agency;

g. Stream bank erosion control and culvert outlet tire mats, constructed as follows:

(1) The tires shall be placed in a single layer and banded together with a noncorrosive strip;

(2) The tires shall all be drilled or punctured to allow for outflow of air to prevent their flotation when submerged;

(3) The banded mat shall be anchored with cable at least 0.5 inches in diameter;

(4) The cables shall then be fastened to buried anchors made of treated timbers or concrete, at least every 50 feet along the top of the mat and intermittently in the middle;

(5) The mat shall extend four to six feet out on the channel bottom;

(6) The outermost row on the channel bottom shall be filled with rocks or broken concrete;

(7) Vegetation shall be planted in and around the tire mat; rows within the tire mat that are too wet for vegetation establishment shall be filled with rocks or broken concrete; and

(8) Any variation from these design standards shall be acceptable only under the direction of an Iowa–licensed professional engineer.

h. Construction of residential dwelling structures or other buildings for which a building permit has been obtained from local government officials;

i. Culvert piping made from waste tires with a rim diameter of 21 inches or greater and subject to the following design criteria:

(1) The maximum depth of water flows within the culvert shall be no greater than 75 percent of the piping diameter;

(2) Sand or similar aggregate material must be installed in the lower portions of the culvert piping to provide ballast and limit mosquito infestations;

(3) The culvert must not be installed below the seasonal groundwater high elevation;

(4) The maximum depth of earthen or aggregate coverings over the culvert shall not exceed the outside diameter of the whole tires used in the culvert;

(5) Soils used for backfill around and above the culvert shall be compacted so as to provide a culvert deflection of less than 5 percent of the outside diameter; and

(6) Vertical sections of tire culvert piping shall be designed with safety measures to prevent unauthorized access by or hazards to children and animals.

117.8(4) Required notifications and approval for whole tire uses. Prior to the installation or placement of waste tires for a beneficial use as approved in subrule 117.8(3), the owner or operator of the site of end use shall properly notify or seek approval from the department for the proposed beneficial use under the following circumstances:

a. For applications of less than 250 whole waste tires, notification to the department shall not be required, subject to the end user’s compliance with all requirements of this chapter.

b. For applications of 250 to 500 whole waste tires, the department shall be notified in writing no less than 30 days prior to the construction or placement of waste tires for a beneficial use, with the following information provided:

(1) The name, address, and telephone number of the owner, operator, or individual responsible for the beneficial use application at the site of end use;

(2) The address of the site of beneficial end use;

(3) The estimated total number of tires to be used;

(4) A description of the beneficial use application;

(5) A project time line, including proposed project start and end dates; and

(6) A statement that explains how the site owner shall properly dispose of such waste tires in the event that the beneficial use is discontinued or dismantled.

c. For applications of more than 500 waste tires, approval by the department shall be obtained prior to any such applications. Approval requests shall be made to the department in writing and shall contain all information as requested in paragraph 117.8(4)“b,” as well as a scaled plan of the site of end use with areas noted where whole waste tires are to be placed, including locations of the site of end use property lines and the location of any structures within 300 feet of the site of end use.

117.8(5) Prevention of public health risks for whole tire uses. All beneficial uses of whole waste tires as approved in this rule shall have incorporated into their design and construction measures to prevent the retention and stagnation of water, in the event that such conditions are likely to exist. These measures shall include, at a minimum, the piercing or drilling of holes in whole waste tires to allow for water drainage. Such measures shall be designed to minimize risks to public health and safety caused by the breeding of disease–carrying insects and rodents.

117.8(6) Beneficial uses for shredded waste tires. This subrule establishes acceptable beneficial uses for shredded waste tires and required design criteria that shall be observed in the placement of shredded tires at the site of end use. The following applications shall be considered acceptable beneficial uses for shredded waste tires:

a. Horizontal drainage structures (French drains) designed to lower the groundwater table and transport excess water to another location or drainage structure and constructed as follows:

(1) The elevation of the drain outlet must be lower than the average seasonal groundwater table to allow gravity drainage through the drainage structure;

(2) The drainage structure width shall be no less than three feet and no more than six feet;

(3) The minimum depth of shredded tire material in the trench shall be greater than four feet;

(4) The minimum thickness of backfill over the trench shall be two feet;

(5) Headloss of water flowing through the drain shall be due to elevation changes only; and

(6) Any site of end use to contain drainage structures composed of more than 300 cubic yards of shredded tires shall be constructed under the auspices of an Iowa–licensed professional engineer.

b. On–site wastewater treatment and disposal system construction, to include use of shredded tires in lateral trenches and as fill to cover distribution pipes under the following conditions:

(1) The on–site wastewater treatment and disposal system is constructed and permitted according to the requirements of 567—Chapter 69;

(2) Shredded tires used in the system have a minimum dimension of one inch on any one side and a maximum dimension of three inches on any one side; and

(3) The administrative authority responsible for issuance of the permit approves the beneficial use. The authority shall have the sole discretion to deny use of shredded tires in system construction based on any engineering or design principle concerns.

c. Lightweight fill in public roads, public road embankment construction, and other public civil engineering applications if all of the following conditions are met:

(1) The tire shreds are of uniform composition and sizing;

(2) The tire shreds are not mixed with other solid wastes, vegetation, composted materials, or other processed tire products, including separated tire bead wire, steel cording or nylon fibers;

(3) The tires are not placed in direct contact with surface water or groundwater;

(4) The shredded tires are isolated from overburden materials by a protective membrane or liner to prevent intrusion and settling of overburden; and

(5) An Iowa–licensed professional engineer designs and supervises the incorporation of shredded tires in beneficial uses of this manner.

d. Structural foundation drainage material used in a project as approved through a local building permit;

e. A bulking agent for composting operations at permitted composting facilities, with tire shreds used to be no larger than three inches on any one side; and

f. Leachate drainage medium at a permitted municipal landfill, provided that the medium meets engineering and design requirements for the landfill’s operating permit, pursuant to 567—Chapter 102.

117.8(7) Beneficial uses for baled tires. This subrule establishes acceptable beneficial uses for baled tires and required notifications and approvals that must be obtained from the department prior to placement of baled tires at the site of end use.

a. Beneficial uses. Civil engineering applications, including stream bank and soil erosion control projects, shall be considered acceptable beneficial use applications for baled tires. Such applications involving the use of more than 50 cubic yards of baled tires at any one site of end use must be conducted under the immediate direction of one of the following entities:

(1) A federal agency including, but not limited to, the Army Corps of Engineers, the Natural Resources Conservation Service, or the Bureau of Land Management;

(2) A state agency including, but not limited to, the Iowa department of transportation; or

(3) An Iowa–licensed professional engineer.

b. Required notifications and approval. Prior to the installation or placement of baled tires for beneficial uses as approved in this rule, the owner or operator of the site of end use shall properly notify or seek approval from the department for the proposed beneficial use under the following circumstances:

(1) For applications of less than 25 cubic yards of baled tires at a site of end use, notification to the department shall not be required, subject to the end user’s compliance with all requirements of this chapter.

(2) For applications of 25 to 50 cubic yards of baled tires, the department shall be notified in writing no less than 30 days prior to the construction or placement of baled tires for a beneficial use, with the following information provided:

1. The name, address, and telephone number of the owner, operator, or individual responsible for the beneficial use application at the site of end use;

2. The address of the site of beneficial end use;

3. The estimated total number of cubic yards of tires to be used;

4. A description of the beneficial use application;

5. A project time line, including proposed project start and end dates; and

6. A statement that explains how the site owner shall properly dispose of such baled tires in the event that the beneficial use is discontinued or dismantled.

(3) For beneficial use applications of more than 50 cubic yards of baled tires, approval by the department shall be obtained prior to any such applications. Approval requests shall be made to the department in writing and shall contain all information as requested in subparagraph 117.8(7)“b”(2), as well as a scaled plan of the site of end use with areas noted where baled tires are to be placed, including locations of the site of end use property lines, and the location of any structures within 300 feet of the site of end use.

117.8(8) Beneficial uses for cut tires. This subrule establishes acceptable beneficial uses for cut tires. Notifications and approvals shall not be required by the department prior to the use or placement of cut tires at a site of end use as approved in this rule, so long as such uses have incorporated into their design and construction measures to prevent the retention and stagnation of surface water, in the event that such conditions are likely to exist. Such measures shall be designed to minimize risks to public health and safety caused by the breeding of disease–carrying insects and rodents. The following applications shall be considered acceptable beneficial uses for cut tires:

a. Agricultural uses to hold down covers over hay, silage, and other agricultural commodities;

b. Traffic control devices for use in public roadway construction projects;

c. Portable surfaces manufactured from tire faces or tread;

d. Silt collection fences manufactured from tire faces or tread; and

e. Bagel–cut tires used for underturf water conservation and turf growth enhancement systems at golf courses.

117.8(9) Requests for approval of other beneficial use designations. The department shall have the authority to approve or deny requests for beneficial use applications for whole, shredded, baled, or cut waste tires that are not specifically addressed within this chapter. Requests for such use determinations shall be made to the department in writing. The department may request project descriptions and supporting scientific and engineering data to determine if a request for a beneficial use designation is warranted. The department shall approve or deny a request for approval within 30 days of receipt of such a request and supporting data if so required by the department. The department shall have the sole authority to deny a beneficial use request if the department determines that any one of the following conditions exists:

a. The requested beneficial use designation poses a risk to the environment or to public health, welfare, and safety;

b. The requested beneficial use designation is determined to have the primary purpose as a land disposal mechanism, and any beneficial use would be incidental in nature; or

c. The requested beneficial use designation would not be in accordance with other applicable federal, state, or local laws, regulations, and ordinances.

117.8(10) Compliance with local, state, and federal regulations. Any proposed beneficial use project or application of whole, shredded, baled, or cut waste tires may require approval or permits from federal, state, and local agencies, under other laws, regulations, and ordinances, as applicable, including but not limited to the following:

a. The Army Corps of Engineers, for projects involving navigable waterways and other waterways over which it has jurisdiction;

b. Waste tire beneficial use applications involving placement on or within land or waters contained within a floodplain which require necessary approval from the department’s floodplain management program, as specified in 567—Chapters 70 through 75; and

c. Local building codes, zoning and land–use covenants, ordinances, and guidelines.

117.8(11) Storage of waste tires prior to beneficial use application. Whole, shredded, cut, or baled waste tires to be used for a beneficial use application may be stored at the site of end use, subject to the following requirements:

a. Such tire materials shall be stored in piles or bales for no longer than 60 days prior to the date of application, except for whole waste tires for agricultural uses as specified in paragraph 117.7(3)“d.”

b. All storage of such waste tire materials shall be conducted in accordance with the uniform fire code and the requirements of 117.4(3) and 117.6(4)“c” as applicable.

c. Any storage of waste tires associated with a proposed beneficial reuse project at a site of end use for longer than 60 days without implementation of completion of a beneficial reuse project shall be subject to the waste tire storage permitting requirements as contained in rule 117.4(455D).

These rules are intended to implement Iowa Code sections 455D.11 to 455D.11H.

ITEM 2. Rescind 567—Chapter 219.

Pursuant to the authority of Iowa Code sections 147.76 and 272C.3, the Board of Behavioral Science Examiners hereby gives Notice of Intended Action to amend Chapter 31, “Licensure of Marital and Family Therapists and Mental Health Counselors,” Iowa Administrative Code.

The proposed amendments pertain to licensees, whose practices include children and adults, who are required to report at the time of their renewal that they have completed the mandatory training class for child abuse and dependent adult abuse.

Any interested person may make written comments on the proposed amendments no later than March 12, 2002, addressed to Ella Mae Baird, Professional Licensure Division, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075.

A public hearing will be held on March 12, 2002, from9 a.m. to 11 a.m. in the Professional Licensure Conference Room, Lucas State Office Building, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments.

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

The following amendments are proposed.

ITEM 1. Amend rule 645—31.1(154D) by adopting the following new definition in alphabetical order:

“Mandatory training” means training on identifying and reporting child abuse or dependent adult abuse required of marital and family therapists and mental health counselors who are mandatory reporters. The full requirements on mandatory reporting of child abuse and the training requirements are found in Iowa Code section 232.69. The full requirements on mandatory reporting of dependent adult abuse and the training requirements are found in Iowa Code section 235B.16.

ITEM 2. Amend subrule 31.10(2) by relettering paragraphs “b” to “d” as “h” to “j” and adopting the following new paragraphs “b” to “g”:

b. A licensee who regularly examines, attends, counsels or treats children in Iowa shall indicate on the renewal application completion of two hours of training in child abuse identification and reporting in the previous five years or condition(s) for waiver of this requirement as identified in paragraph “f.”

c. A licensee who regularly examines, attends, counsels or treats adults in Iowa shall indicate on the renewal application completion of two hours of training in dependent adult abuse identification and reporting in the previous five years or condition(s) for waiver of this requirement as identified in paragraph “f.”

d. A licensee who regularly examines, attends, counsels or treats both adults and children in Iowa shall indicate on the renewal application completion of training on abuse identification and reporting in dependent adults and children in the previous five years or condition(s) for waiver of this requirement as identified in paragraph “f.”

Training may be completed through separate courses as identified in paragraphs “b” and “c” or in one combined course that includes curricula for identifying and reporting child abuse and dependent adult abuse.

e. The licensee shall maintain written documentation for five years after mandatory training as identified in paragraphs “b” to “d,” including program date(s), content, duration, and proof of participation.

f. The requirement for mandatory training for identifying and reporting child and dependent adult abuse shall be suspended if the board determines that suspension is in the public interest or that a person at the time of license renewal:

(1) Is engaged in active duty in the military service of this state or the United States.

(2) Holds a current waiver by the board based on evidence of significant hardship in complying with training requirements, including waiver of continuing education requirements or extension of time in which to fulfill requirements due to a physical or mental disability or illness as identified in 645—Chapter 32.

g. The board may select licensees for audit of compliance with the requirements in paragraphs “b” to “f.”

Pursuant to the authority of Iowa Code sections 307.10, 307.12 and 465B.2, the Department of Transportation hereby gives Notice of Intended Action to amend Chapter 165, “Recreational Trails Program,” Iowa Administrative Code.

The amendments:

• Correct the contact office name and telephone number. The office name was changed during reorganization of the Department.

• Reflect the current statutory authority. The Recreational Trails Program was moved from Iowa Code chapter 312 to Iowa Code chapter 465B.

• Change the wording of “in–kind” to “volunteer” to eliminate confusion. Volunteer services are now eligible as matching funds if the value of these services can be documented.

• Eliminate reference to the required cultural resources survey. The usage of state funds for recreational trails does not require a cultural resources survey.

• Change the number of copies of applications that need to be submitted from four to six copies.

• Allow applications to be submitted to the Office of Systems Planning or a district planner.

• Rescind the subrule which concerns returning incomplete applications to applicants for resubmission. All applications are scored. The completeness of the information submitted affects the final score and the project’s rank.

• Update the implementation clause to reflect the correct Iowa Code chapter.

These rules do not provide for waivers. Any person who believes that the person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11.

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

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

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

3. Indicate the general content of a requested oral pres–entation.

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

5. Be received by the Director’s Staff Division no later than March 12, 2002.

A meeting to hear requested oral presentations is scheduled for Thursday, March 14, 2002, at 10 a.m. in the Administration Third Floor Conference Room of the Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa.

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

These amendments are intended to implement Iowa Code chapter 465B.

Proposed rule–making actions:

ITEM 1. Amend 761—Chapter 165, parenthetical implementation, by striking “312” wherever it appears and inserting in lieu thereof “465B.”

ITEM 2. Amend rule 761—165.1(465B), definition of “recreational trails fund,” as follows:

“Recreational trails fund” means the fund created for the acquisition, construction, and improvement of recreational trails pursuant to Iowa Code section 312.2.

ITEM 3. Amend rule 761—165.2(465B) as follows:

761—165.2(465B) Information and forms. Information, instructions and application forms may be obtained from: Office of Project Systems Planning, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone (515)239–1225 1669. All inquiries regarding the recreational trails program should be directed to this office.

ITEM 4. Amend paragraph 165.12(2)“d,” introductory paragraph, as follows:

d. Matching funds shall not include other grants from state agencies or the provision of in–kind services. The value of volunteer services may be an eligible matching contribution if the value of these services can be documented. The value of donated land may be an eligible matching contribution if:

ITEM 5. Amend subrule 165.15(1) as follows:

165.15(1) Land. Land acquisition costs including, but not limited to, appraisal costs, and negotiation costs and the required cultural resources survey pursuant to Iowa Code chapter 305A are eligible project costs. Land may be acquired by lease, easement or fee simple. Except for primary road projects, the performance of land negotiation and acquisition activities shall not be the responsibility of the department although the department may provide advisory services.

ITEM 6. Amend subrule 165.22(1), introductory paragraph, as follows:

165.22(1) Submission. An eligible applicant shall complete and submit an original and four six copies of a project application on a form prescribed by the department.

ITEM 7. Amend paragraph 165.22(1)“d” as follows:

d. Applications shall be submitted to the office of project systems planning or to a district planner. To be considered in the current funding cycle, an application must be received by project systems planning or a district planner by 4:30 p.m. on the day of the deadline.

ITEM 8. Amend subrule 165.23(1) as follows:

165.23(1) An application may be submitted at any time and shall be dated when received in the office of project systems planning or by a district planner. Once an application has been submitted, no further information shall be accepted from the applicant unless specifically requested by the department.

ITEM 9. Rescind and reserve subrule 165.23(2).

ITEM 10. Amend 761—Chapter 165, implementation clause, as follows:

These rules are intended to implement Iowa Code chapter 312 465B.

In compliance with Iowa Code chapter 74A and section 12C.6, the committee composed of Treasurer of StateMichael L. Fitzgerald, Superintendent of Credit Unions James E. Forney, Superintendent of Banking Thomas B. Gronstal, and Auditor of State Richard D. Johnson have established today the following rates of interest for public obligations and special assessments. The usury rate for February is 7.00%.

INTEREST RATES FOR PUBLIC

OBLIGATIONS AND ASSESSMENTS

74A.2 Unpaid Warrants Maximum 6.0%

74A.4 Special Assessments Maximum 9.0%

RECOMMENDED for 74A.3 and 74A.7: A rate equal to 75% of the Federal Reserve monthly published indices for U.S. Government securities of comparable maturities.

The rate of interest has been determined by a committee of the state of Iowa to be the minimum interest rate that shall be paid on public funds deposited in approved financial institutions. To be eligible to accept deposits of public funds of the state of Iowa, a financial institution shall demonstrate a commitment to serve the needs of the local community in which it is chartered to do business. These needs include credit services as well as deposit services. All such financial institutions are required to provide the committee with a written description of their commitment to provide credit services in the community. This statement is available for examination by citizens.

New official state interest rates, effective February 12, 2002, setting the minimums that may be paid by Iowa depositories on public funds are listed below.

TIME DEPOSITS

7–31 days Minimum 1.50%

32–89 days Minimum 1.50%

90–179 days Minimum 1.60%

180–364 days Minimum 1.60%

One year to 397 days Minimum 2.10%

More than 397 days Minimum 3.00%

These are minimum rates only. The one year and less are four–tenths of a percent below average rates. Public body treasurers and their depositories may negotiate a higher rate according to money market rates and conditions.

Inquiries may be sent to Michael L. Fitzgerald, Treasurer of State, State Capitol, Des Moines, Iowa 50319.

Pursuant to the authority of Iowa Code section 455B.304(1), the Environmental Protection Commission hereby amends Chapter 118, “Discarded Appliance Deman–ufacturing,” Iowa Administrative Code.

Chapter 118 was filed on November 23, 2001, and published in the Iowa Administrative Bulletin on December 12, 2001, as ARC 1192B. At its meeting held January 8, 2002, the Administrative Rules Review Committee delayed the effective date of Chapter 118 until March 27, 2002.

Subsequent to the filing of Chapter 118, the Department was notified of a concern on the part of affected industries that subrule 118.14(2), as adopted, could be interpreted to prohibit the importation of demanufactured appliances from outside of Iowa. Such a prohibition would have a serious, and unintended, impact on these Iowa businesses. The amended rule is intended to rectify this problem.

In compliance with Iowa Code section 17A.4(2), the Department finds that notice and public participation are unnecessary because the change has been specifically requested by the affected industries.

The Department also finds, pursuant to Iowa Code section 17A.5(2)“b”(2), that the normal effective date of the amendment should be waived and this amendment should be made effective upon filing as it confers a benefit to large–scale scrap metal recyclers in Iowa by clarifying that they continue to be allowed to import demanufactured appliances for recycling.

This amendment is intended to implement Iowa Code sections 455B.304 and 455D.6(6).

This amendment became effective upon filing February 1, 2002.

The following amendment is adopted.

Amend subrule 118.14(2) as follows:

118.14(2) No person or facility engaged in demanufacturing in the state may shred, crush, or bale any appliances that have not been demanufactured. A person or facility located in Iowa that does not engage in demanufacturing but accepts appliances from demanufacturers for recycling or disposal may only shred, crush, or bale appliances that have been demanufactured in accordance with the federal regulations and the laws of the state from which the appliances are received.

[Filed Emergency 2/1/02, effective 2/1/02]

[Published 2/20/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 2/20/02.

Pursuant to the authority of Iowa Code sections 455D.7, 455E.9 and 455F.5, the Environmental Protection Commission hereby amends Chapter 119, “Waste Oil,” Chapter 144, “Household Hazardous Materials,” Chapter 211, “Grants for Regional Collection Centers of Conditionally Exempt Small Quantity Generators and Household Hazardous Wastes,” and Chapter 214, “Household Hazardous Materials Program,” and rescinds Chapter 210, “Grants for Solid Waste Comprehensive Planning,” and Chapter 212, “Loans for Waste Reduction and Recycling Projects,” Iowa Administrative Code.

The amended rules describe limitations and programs designed to protect the public health and the environment by regulating disposal of household hazardous materials and provide for collection of household hazardous materials, hazardous materials generated by conditionally exempt small quantity generators, and provision of educational materials to increase public awareness of household hazardous materials and proper management and disposal of such hazardous materials.

Notice of Intended Action was published in the IowaAdministrative Bulletin on October 17, 2001, as ARC 1022B. A public hearing was held on November 27, 2001. No persons attended the hearing. No oral or written comments were received as a result of the hearing and public comment period. No changes have been made to the Notice.

These amendments are intended to implement Iowa Code sections 455D.7, 455E.9 and 455F.5.

These amendments will become effective on March 27, 2002.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [119.2, 119.4(2), 119.7, 144.1, 144.2, 144.4; rescind Ch 210; 211.11, 211.12; rescind Ch 212; 214.1, 214.7 to 214.9, 214.11] is being omitted. These amendments are identical to those published under Notice as ARC 1022B, IAB 10/17/01.

[Filed 2/1/02, effective 3/27/02]
[Published 2/20/02]

[For replacement pages for IAC, see IAC Supplement 2/20/02.]

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

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

Notice of Intended Action was published in the Iowa Administrative Bulletin on November 14, 2001, as ARC 1106B. No public comment has been received since publi–cation. These rules are identical to those published under Notice of Intended Action.

This amendment shall become effective March 27, 2002.

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

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Ch 2] is being omitted. These rules are identical to those published under Notice as ARC 1106B, IAB 11/14/01.

[Filed 2/1/02, effective 3/27/02]
[Published 2/20/02]

[For replacement pages for IAC, see IAC Supplement 2/20/02.]

Pursuant to the authority of Iowa Code section 455G.4(3)“a,” the Iowa Comprehensive Petroleum Underground Storage Tank Fund Board rescinds Chapter 3, “Declaratory Rulings,” and adopts new Chapter 3, “Declaratory Orders,” Iowa Administrative Code.

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

Notice of Intended Action was published in the Iowa Administrative Bulletin on November 14, 2001, as ARC 1105B. No public comment has been received since publi–cation. These rules are identical to those published under Notice of Intended Action.

This amendment shall become effective March 27, 2002.

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

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Ch 3] is being omitted. These rules are identical to those published under Notice as ARC 1105B, IAB 11/14/01.

[Filed 2/1/02, effective 3/27/02]
[Published 2/20/02]

[For replacement pages for IAC, see IAC Supplement 2/20/02.]

Pursuant to the authority of Iowa Code section 455G.4(3)“a,” the Iowa Comprehensive Petroleum Underground Storage Tank Fund Board rescinds Chapter 4, “Board Procedure for Rule Making,” Iowa Administrative Code, and adopts a new Chapter 4 with the same title.

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

Notice of Intended Action was published in the Iowa Administrative Bulletin on November 14, 2001, as ARC 1101B. No public comment has been received since publi–cation. These rules are identical to those published under Notice of Intended Action.

This amendment shall become effective March 27, 2002.

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

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Ch 4] is being omitted. These rules are identical to those published under Notice as ARC 1101B, IAB 11/14/01.

[Filed 2/1/02, effective 3/27/02]
[Published 2/20/02]

[For replacement pages for IAC, see IAC Supplement 2/20/02.]

Pursuant to the authority of Iowa Code section 455G.4(3)“a,” the Iowa Comprehensive Petroleum Underground Storage Tank Fund Board rescinds Chapter 11, “Remedial Claims,” and adopts new Chapter 11, “Claims,” Iowa Administrative Code.

The amendment is intended to implement changes to comply with Executive Order Number 8. The amendment reorganizes the rules in the chapter to place rules in a format that should be easier for the public to read. The change is being made subsequent to a review of the existing rules for clarity, statutory authority and intent, fairness, necessity and cost. Several areas were deleted; most were moved to be grouped with related subjects.

Notice of Intended Action was published in the Iowa Administrative Bulletin on November 14, 2001, as ARC 1102B. No public comment has been received since publi–cation. These rules are identical to those published under Notice of Intended Action.

This amendment shall become effective March 27, 2002.

This amendment is intended to implement Iowa Code chapter 455G.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Ch 11] is being omitted. These rules are identical to those published under Notice as ARC 1102B, IAB 11/14/01.

[Filed 2/1/02, effective 3/27/02]
[Published 2/20/02]

[For replacement pages for IAC, see IAC Supplement 2/20/02.]

Pursuant to the authority of Iowa Code section 455G.4(3)“a,” the Iowa Comprehensive Petroleum Underground Storage Tank Fund Board rescinds Chapter 12, “Guaranteed Loan Program,” Iowa Administrative Code, and adopts a new Chapter 12 with the same title.

The amendment is intended to implement changes to comply with Executive Order Number 8. The rules in new Chapter 12 are organized in a format that should be easier for the public to read. This change is being made subsequent to a review of the existing rules for clarity, statutory authority and intent, fairness, necessity and cost. The new chapter reflects the current status of the Loan Guarantee Program, which is no longer accepting applications.

Notice of Intended Action was published in the Iowa Administrative Bulletin on November 14, 2001, as ARC 1103B. No public comment has been received since publi–cation. These rules are identical to those published under Notice of Intended Action.

This amendment shall become effective March 27, 2002.

This amendment is intended to implement Iowa Code chapter 455G.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Ch 12] is being omitted. These rules are identical to those published under Notice as ARC 1103B, IAB 11/14/01.

[Filed 2/1/02, effective 3/27/02]
[Published 2/20/02]

[For replacement pages for IAC, see IAC Supplement 2/20/02.]

Pursuant to the authority of Iowa Code section 465C.8, the State Advisory Board for Preserves hereby amends Chapter 2, “Management of State Preserves,” Iowa Administrative Code.

Notice of Intended Action was published November 14, 2001, in the Iowa Administrative Bulletin as ARC 1088B. A public hearing was held on December 6, 2001. No comments were received during the comment period or at the hearing. There are no changes from the Notice.

The Notice was filed simultaneously with agency action (Adopted and Filed Emergency, published as ARC 1089B) that rescinded an amendment to subrule 2.2(2) before it became effective.

The adopted subrule improves upon the rescinded amendment by explaining with more detail the management plan process for new and existing preserves and by clarifying the process for approval of a management plan.

This amendment is intended to implement Iowa Code section 465C.8.

This amendment will become effective March 27, 2002.

The following amendment is adopted.

Rescind subrule 2.2(2) and adopt in lieu thereof the following new subrule:

2.2(2) Management plan. For each preserve, an authorized representative of the owner shall prepare a management plan in consultation with the department staff assigned to the board. The management plan shall be consistent with the articles of dedication and shall include identification of uses of the preserve that are compatible and incompatible with its dedication as a preserve. The management plan shall be amended from time to time as appropriate in response to new information. The management plan and amendments shall be submitted to the board for approval. The department shall keep a copy of the current management plan. A management plan for a new preserve shall be submitted for approval by the board in conjunction with approval of dedication of the preserve. Management plans for existing preserves shall be prepared and submitted for approval as resources are available. If the director and board disagree concerning the plan for a department–managed preserve, the disagreement shall be resolved by obtaining commission approval of a management plan.

[Filed 2/1/02, effective 3/27/02]

[Published 2/20/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 2/20/02.

Pursuant to the authority of Iowa Code section 147.76, the Board of Barber Examiners hereby rescinds Chapter 20, “Barber Examiners,” Chapter 21, “Sanitary Conditions for Barbershops and Barber Schools,” Chapter 22, “Barber Assistants,” and Chapter 23, “Continuing Education for Barbers,” and adopts new Chapter 20, “Barber Examiners,” Chapter 21, “Licensure for Barbers,” Chapter 22, “Sanitary Conditions for Barbershops and Barber Schools,” Chapter 23, “Barber Schools,” Chapter 24, “Continuing Education for Barbers,” Chapter 25, “Discipline for Barbers,” and Chapter 26, “Fees,” Iowa Administrative Code.

These amendments rescind the current licensure rules and fees and adopt new chapters for licensure, sanitary conditions, schools, continuing education, fees and discipline.

Notice of Intended Action was published in the Iowa Administrative Bulletin on November 28, 2001, as ARC 1139B. A public hearing was held on December 20, 2001, from 9 to 11 a.m. in the Fifth Floor Board Conference Room, Lucas State Office Building. No written or oral comments were received.

The following changes were made to the Notice of Intended Action:

• A sentence was added to subrule 21.2(1), paragraph “a,” to provide applicants with the address to which applications shall be submitted to the Board.

• Requirements regarding the transcript and the application for examination were reworded for clarity in subrule 21.2(1), paragraphs “e” and “f,” and included in a new rule 645—21.4(158) entitled “Educational requirements,” which has been added since the Notice.

• Requirements for an instructor’s license in subrule 21.2(2) have been revised. The requirements are separated from those for barber licenses and explained in greater detail.

• Requirements for a temporary permit have been added as subrule 21.2(2), paragraph “d.” Rule 645—21.7(158), paragraph “2,” was reworded, and paragraphs “3” and “4” were deleted. The language now states that a temporary license will be valid for a maximum of six months. Six months is the length of time necessary for an applicant to retake an examination, if necessary, which means that the requirements for licensees who failed the examinations, which had been stated in numbered paragraphs “3” and “4,” could be omitted. The phrase “shall not be renewable,” in reference to temporary permits, was also added to both 21.2(2)“h” and 645—21.7(158)“2.”

• Requirements for a barbershop license were added as new subrule 21.2(3) to eliminate the confusion between applying for a barber license and applying for a barbershop license.

• The rule for course of study, 645—21.3(158), was moved from Chapter 21 to Chapter 23 and renumbered as 645—23.3(158). The rules that follow were renumbered accordingly. There were no changes to the wording.

• Examination requirements for barbers and barber instructors were added as new rule 645—21.3(158) to simplify locating the requirements. The examination requirements provide more information exclusive to the examination process. The requirements have not changed, but were previously found only on the application forms. The rules that follow were renumbered accordingly.

• Requirements for foreign–trained applicants, formerly subrule 21.3(4), are now found in subrule 21.4(3), but the wording has not changed.

• The phrase about verification was reworded, but the intent of the language was not changed. See subrules 21.10(5), 21.11(6) and 24.10(5) and rule 645—24.6(158), paragraph “5.”

• Some phrasing in the reinstatement tables in subrules 21.10(6) and 21.11(7) was changed for clarification, but the intent of the language did not change.

• Language was added as new subrule 23.1(10) stating that an initial school license issued within six months prior to the license renewal shall not be required to be renewed until the renewal month one year later.

• Continuing education requirements for licensees reinstating a lapsed license found in paragraph “6” of rule 645—24.6(158) were reworded and reformatted to accurately communicate the requirements as stated in the reinstatement tables provided in 645—Chapter 21.

• Continuing education requirements for licensees reinstating an inactive license found in paragraph “b” of subrule 24.10(4) were reworded for clarification. The order of the lettered paragraphs “a” to “c” was changed.

• The subrules of rule 645—26.1(147,158), “License fees,” were reworded for clarification and were renumbered for a more logical sequence.

The Board of Barber Examiners adopted these amendments January 29, 2002.

These amendments will become effective March 27, 2002.

These amendments are intended to implement Iowa Code sections 147.76 and 157.6 and chapters 17A, 158, and 272C.

The following amendments are adopted.

ITEM 1. Rescind 645—Chapter 20 and adopt the following new chapter in lieu thereof:

CHAPTER 20
BARBER EXAMINERS

645—20.1(158) Unlicensed manicurists—definitions. For the purpose of Iowa Code section 158.14, subsection 2:

“Manicuring” means the practice of cleansing, shaping, polishing the fingernails and massaging the hands and lower arms of any person. It does not include the application of nail extensions, artificial nails or pedicuring.

“Manicurist” means a person who performs the practice of manicuring in a licensed barbershop or a licensed cosmetology salon.

“Such employment” means that a person who was employed by a licensed barbershop to manicure fingernails prior to July 1, 1989, may continue employment in any licensed barbershop without meeting licensing requirements under Iowa Code chapter 158.

This rule is intended to implement Iowa Code section 158.14.

ITEM 2. Rescind 645—Chapter 21 and adopt the following new chapter in lieu thereof:

CHAPTER 21
LICENSURE OF BARBERS

645—21.1(158) Definitions. For purposes of these rules, the following definitions shall apply:

“Board” means the board of barber examiners.

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

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

“License expiration date” means June 30 of even–numbered years.

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

21.2(1) The following criteria shall apply to licensure:

a. The applicant shall complete a board–approved application form. Application forms may be obtained from the board Web site (http://www.idph.state.ia.us/licensure), directly from the board office or from the barber school at which the student is enrolled. All applications shall be sent to the Board of Barber Examiners, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319–0075.

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

c. Each application shall be accompanied by the appropriate fees payable by check or money order to the Board of Barber Examiners. The fees are nonrefundable.

d. The applicant shall present proof of completion of a tenth–grade education or the equivalent.

e. The applicant shall provide an official copy of the transcript sent directly from the school to the board showing proof of completion of training at a board–approved barber school.

f. An application for barber examination must be filed with the board at least 30 days preceding the examination.

g. The candidate shall take and pass the written and practical examinations required by the board.

h. Licensees who were issued their licenses within six months prior to renewal shall not be required to renew their licenses until the renewal month two years later.

i. Incomplete applications that have been on file in the board office for more than two years shall be:

(1) Considered invalid and shall be destroyed; or

(2) Maintained upon written request of the candidate. The candidate is responsible for requesting the file to be maintained.

21.2(2) Requirements for an instructor’s license.

a. An applicant for an instructor’s license shall:

(1) Complete all requirements stated in subrule 21.2(1), paragraphs “a” through “c”;

(2) Present proof of graduation from an accredited high school or the equivalent thereof;

(3) Be licensed in the state of Iowa as a barber for not less than two years;

(4) Provide documentation of completion of a board–approved, 16–hour teaching class; and

(5) Pass the instructor’s examinations administered by the board or its designee.

b. Instructors who were issued their licenses within six months prior to renewal shall not be required to renew their licenses until the renewal month two years later.

c. Incomplete applications that have been on file in the board office for more than two years shall be:

(1) Considered invalid and shall be destroyed; or

(2) Maintained upon written request of the candidate. The candidate is responsible for requesting the file to be maintained.

d. An applicant who met the requirements for an instructor’s license except for the examinations may apply for a temporary permit to be an instructor. The temporary permit shall be valid for a maximum of six months from the issue date of the permit and shall not be renewable.

21.2(3) Requirements for a barbershop license. A barbershop shall not operate unless the owner of the barbershop possesses a current barbershop license issued by the board. The following criteria shall apply to licensure:

a. The owner of the barbershop shall complete all requirements in subrule 21.2(1), paragraphs “a” through “c.”

b. A barbershop license shall be issued for a specific location. A change in location or site of a barbershop shall result in the cancellation of the existing license and necessitate application for a new license and payment of the fee required by 645—subrule 26.1(9). A change of address without change of actual location shall not be construed as a new site.

c. A barbershop license is not transferable. A change in ownership of a barbershop shall result in the cancellation of the existing license and necessitate application for a new license and payment of the fee required by 645—subrule 26.1(9).

d. A change in the name of a barbershop shall be reported to the board within 30 days of the name change.

e. Upon discontinuance of a barbershop, the barbershop license shall be submitted to the board office within 30 days.

f. A barbershop that was issued a license within six months prior to renewal shall not be required to renew the license until the renewal month two years later.

g. Incomplete applications that have been on file in the board office for more than two years shall be:

(1) Considered invalid and shall be destroyed; or

(2) Maintained upon written request of the candidate. The candidate is responsible for requesting the file to be maintained.

21.3(1) The following criteria shall apply to the written and practical examinations.

a. In order to be eligible to take the examinations, the supporting data and documentation required by the board shall be postmarked at least 20 days prior to the examinations.

b. Applicants will be notified of the date and time of the written and practical examinations given by the board of barber examiners.

c. Applicants for barber licenses are required to receive a passing score on the examinations. The score is contingent on receiving a combined score of 70 percent, which is a weighted score based on the following:

(1) For barbers, the practical examination equals 75 percent and the written examination equals 25 percent of the weighted score.

(2) For barber instructors, the practical examination equals 30 percent and the written examination equals 70 percent of the weighted score.

d. The board will notify the applicant in writing of the results of the examinations.

21.3(2) Persons who do not appear on the appointed date assigned to them to take the examinations must notify the board of barber examiners in writing or by telephone to schedule a new appointment date. Examination fees cannot be refunded, but the applicant will not be required to pay the next examination fee if the applicant can show proof that the applicant’s inability to take the examinations was not the applicant’s fault. Proof of inability to take the examinations shall be submitted to the board office with a written request to reschedule the examinations. An applicant shall be required to pay the reexamination fee if the applicant does not appear for a subsequent examination.

21.3(3) Persons who do not attain the passing score may reapply to take the examinations. Examination fees cannot be refunded, and the applicant shall be required to pay thereexamination fee.

21.4(1) The applicant for a barber license must:

a. Present proof of a tenth–grade education or the equivalent; and

b. Present an official copy of the transcript sent directly from the school to the board showing proof of completion of training at a board–approved barber school.

21.4(2) The applicant for a barber instructor license must present proof of meeting the following requirements:

a. Graduation from an accredited high school or the equivalent thereof;

b. Completion of training at a board–approved barber school; and

c. Completion of a board–approved, 16–hour teaching class.

21.4(3) Foreign–trained barbers shall:

a. Provide an equivalency evaluation of their educational credentials by one of the following: International Educational Research Foundations, Inc., Credentials Evaluation Service, P.O. Box 3665, Culver City, CA 90231–3665, telephone (310)258–9451, Web site www.ierf.org or E–mail at info@ierf.org; or World Education Services (WES) at (212) 966–6311, electronically at www.wes.org or by writing to WES, P.O. Box 745, Old Chelsea Station, New York, NY 10113–0745. The professional curriculum must be equivalent to that stated in these rules. A candidate shall bear the expense of the curriculum evaluation.

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

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

645—21.5(158) Licensure by endorsement. An applicant who has been a licensed barber under the laws of another jurisdiction shall file an application for licensure by endorsement with the board office. The board may receive by endorsement any applicant from the District of Columbia or another state, territory, province or foreign country who:

21.5(1) Submits to the board a completed application;

21.5(2) Pays the licensure fee;

21.5(3) Shows evidence of licensure requirements that are similar to those required in Iowa;

21.5(4) Obtains verification(s) from the District of Columbia, any state, territory, province or foreign country where the applicant is licensed. Verification(s) of a current barber license in another state requires:

a. A valid license for at least 12 months in the 24–month period preceding the submission of the application; and

b. The verification(s) must be mailed directly to the board from the District of Columbia, any state, territory, province or foreign country in which licensure was held; and

21.5(5) Takes and passes the written and practical examinations administered by the board.

645—21.6(158) Licensure by reciprocal agreement. The board may enter into a reciprocal agreement with the District of Columbia or any state, territory, province or foreign country with equal or similar requirements for licensure of barber applicants.

645—21.7(158) Temporary permits to practice barbering. An applicant must meet the following requirements:

1. The applicant is applying for initial licensure and is not licensed in another state.

2. The applicant has met the requirements for licensure except for the examinations. The temporary permit is valid from the date the application is completed for a maximum of six months and shall not be renewable.

645—21.8(158) Demonstrator’s permit. The board may issue a demonstrator’s permit to a licensed barber for the purpose of demonstrating barbering to the public. The following criteria apply to the demonstrator’s permit:

1. A demonstrator’s permit shall be valid for a barbershop, person or an event. The location, purpose and duration shall be stated on the permit.

2. A demonstrator’s permit shall be valid for no more than 10 days.

3. A completed application shall be submitted on a form provided by the board at least 30 days in advance of the intended use dates.

4. An application fee shall be submitted as set forth in these rules.

5. No more than four permits shall be issued to any applicant during a calendar year.

21.9(1) The biennial license renewal period for a license to practice barbering shall begin on July 1 of each even–numbered year and end on June 30 of each even–numbered year. All licensees shall renew on a biennial basis.

21.9(2) A renewal of license application and continuing education report form to practice as a barber shall be mailed to the licensee at least 60 days prior to the expiration of the license. Failure to receive the renewal application shall not relieve the license holder of the obligation to pay the biennial renewal fees on or before the renewal date.

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

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

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

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

21.9(3) Late renewal. If the renewal fees, continuing education report and renewal application are received within 30 days after the license renewal expiration date, the late fee for failure to renew before expiration shall be charged.

21.9(4) When all requirements for license renewal are met, the licensee shall be sent a license renewal card by regular mail.

21.10(1) A licensee who is not engaged in practice in the state of Iowa may be granted a waiver of compliance and obtain a certificate of exemption upon written application to the board. The application shall contain a statement that the applicant will not engage in practice in the state of Iowa without first complying with all regulations governing reinstatement after exemption. The application for a certificate of exemption shall be submitted upon the form provided by the board. A licensee shall hold a current license in order to apply for exempt status. A licensee shall apply for inactive status prior to the license expiration date.

21.10(2) Licensees shall renew at the next scheduled renewal time. Licensees who were issued their reinstatements within six months prior to the renewal date shall not be required to renew their licenses until the renewal date two years later.

21.10(3) Reinstatement of exempted, inactive practitioners. Inactive practitioners who have requested and been granted a waiver of compliance with the renewal requirements and who have obtained a certificate of exemption shall, prior to engaging in the practice of the profession in Iowa, satisfy the requirements for reinstatement as outlined in 645—24.10(158,272C).

21.10(4) A new licensee who is on inactive status during the initial license renewal time period and reinstates before the first license expiration date will not be required to complete continuing education for the first license renewal time period only. Eight hours of continuing education will be required for every renewal thereafter.

21.10(5) Verification of license(s) is required from every state in which the licensee has practiced since the Iowa license became inactive.

21.10(6) Reinstatement of inactive license. The following chart illustrates the requirements for reinstatement based on the length of time a license has been considered inactive.

21.11(1) If the renewal fees and continuing education report are received more than 30 days after the license expiration date, the license is lapsed. An application for reinstatement must be filed with the board and be accompanied by the reinstatement fee, the renewal fee for each biennium the license is lapsed and the late fee for failure to renew before expiration. The licensee may be subject to an audit of the licensee’s continuing education report.

21.11(2) Licensees who have not fulfilled the requirements for license renewal or for an exemption in the required time frame will have a lapsed license and shall not engage in the practice of barbering. Practicing without a license may be cause for disciplinary action.

21.11(3) In order to reinstate a lapsed license, licensees shall comply with all requirements for reinstatement as outlined in 645—24.6(158).

21.11(4) If an instructor’s license has lapsed for more than three bienniums, the instructor shall also pay the examination fee and pass the instructor examinations.

21.11(5) After the reinstatement of a lapsed license, the licensee shall renew at the next scheduled renewal cycle and complete the continuing education required for the biennium.

21.11(6) Verification of license(s) is required from every state in which the licensee has practiced since the Iowa license lapsed.

21.11(7) Reinstatement of a lapsed license. The following chart illustrates the requirements for reinstatement based on the length of time a license has lapsed.

21.12(1) An applicant who has been denied licensure by the board may appeal the denial and request a hearing on the issues related to the licensure denial by serving a notice of appeal and request for hearing upon the board not more than 30 days following the date of mailing of the notification of licensure denial to the applicant. The request for hearing as outlined in these rules shall specifically describe the facts to be contested and determined at the hearing.

21.12(2) If an applicant who has been denied licensure by the board appeals the licensure denial and requests a hearing pursuant to this rule, the hearing and subsequent procedures shall be held pursuant to the process outlined in Iowa Code chapter 272C.

These rules are intended to implement Iowa Code chapters 272C and 158.

ITEM 3. Rescind 645—Chapter 22 and adopt the following new chapter in lieu thereof:

CHAPTER 22
SANITARY CONDITIONS FOR BARBERSHOPS
AND BARBER SCHOOLS

645—22.1(158) Rules posted. The manager of each barbershop shall keep a copy of these rules (Chapter 22, “Sanitary Conditions for Barbershops and Barber Schools,” Iowa Administrative Code) posted in a conspicuous place in the shop.

645—22.2(158) License. The original license, duplicate license or temporary permit, and the current renewal certifying that the practitioner is licensed or that the practitioner is a trainee certified by the board shall be visibly displayed for each licensee. Shop and school of barbering licenses along with the current renewal shall be posted and visible to the public therein.

645—22.3(158) Sanitation. Every barbershop shall be well lighted, properly ventilated and kept in clean, sanitary and orderly condition. All shops or schools shall have handwashing and toilet facilities accessible within the building.

645—22.4(158) Quarters. Barbering shall not be practiced in a residence unless the shop is completely separated from living quarters by a solid permanent partition. A solid door leading to a residence shall be permitted providing it remains closed during business hours except during entering and leaving. An outside entrance shall be provided.

645—22.5(158) Quarters adjacent to other business. A barbershop located in a room adjacent to a food service establishment, tavern or grocery shall be in a completely separate room, and doors between shall be rendered unusable except for emergencies.

645—22.6(158) Plumbing. Barbershops shall have an adequate supply of potable hot and cold water under pressure.

22.7(1) Except as set forth in subrule 22.7(2), all styling and haircutting tools, instruments and equipment in a shop or a school of barbering which come in contact with a patron’s hair, nails or skin, except those which come in contact with blood or body fluids, shall be sanitized before use on eachpatron by cleansing thoroughly with soap and hot water, and then be disinfected by complete immersion in an EPA–registered, hospital–grade, bactericidal, virucidal and fungicidal disinfectant that is mixed and used according to the manufacturer’s directions, after which the tools and implements should be dried and placed in a closed cabinet. All tools and implements which have come in contact with blood or body fluids must be disinfected by complete immersion in an EPA–registered, hospital–grade and tuberculocidal disinfectant that is mixed and used according to the manufacturer’s directions. Disinfected implements must be stored in a disinfected, dry, covered container. All germicidal solutions shall be labeled.

22.7(2) All metallic instruments shall be kept clean by wiping carefully after each use with cotton saturated withan approved disinfectant solution. It is recommended that the solution used with metallic instruments be an EPA–registered, hospital–grade, bactericidal, virucidal and fungicidal disinfectant that is mixed and used according to the manufacturer’s directions, which shall be kept at each occupied work station.

22.7(3) An EPA–registered, hospital–grade disinfecting agent shall be available for immediate use at all times a shop or barbering school is in operation.

22.7(4) A barbershop owner shall provide closed cabinets or drawers for the keeping of all tools and towels when they are not in use.

22.7(5) A barbershop owner shall provide a minimum of one washbasin or lavatory for every two barber chairs in use. The washbasins or lavatories shall be so situated that one is readily accessible to the operator of each barber chair.

645—22.8(158) Workstands. All workstands shall be covered with some kind of nonabsorbent, washable material. All bottles, jars, receptacles, compartments, and containers of all kinds shall be properly labeled at all times, and all barbering equipment shall be maintained in a sanitary condition.

645—22.9(158) Dusters and brushes. The common neck duster or brush and the common shaving mug, soap and brush shall not be used in any barbershop or school.

645—22.10(158) Hands. Barbers shall wash their hands thoroughly with soap and water before serving a patron.

645—22.11(158) Headrest. Each barber chair headrest shall be provided with a mechanical paper container and clean shaving paper or clean towel.

645—22.12(158) Towels. Freshly laundered towels shall be used for each patron. In haircutting, shampooing, or similar activities, a freshly laundered towel or new neck strip shall be used to prevent the hair cloth from directly contacting the skin of the patron. Soiled towels shall not be left on lavatory or workstand but shall be immediately disposed of in a container for that purpose.

645—22.13(158) Styptic powder and alum. Alum or other material used to stop the flow of blood shall be used only in liquid or powder form.

645—22.14(158) Other disease carriers. No pets of any kind shall be permitted in a licensed barbershop or school except guide dogs.

645—22.15(158) Supervisor duty. It shall be the responsibility and duty of each supervisor of a barbershop to see that all employees observe all applicable rules.

645—22.16(158) Inspection report posted. Barbers shall post in a conspicuous place the prior inspection report for each respective shop.

These rules are intended to implement Iowa Code sections 147.76, 158.5, and 158.15.

ITEM 4. Rescind 645—Chapter 23 and adopt the following new chapter in lieu thereof:

CHAPTER 23
BARBER SCHOOLS

645—23.1(158) Application for licensing. An application for licensing of a proposed school shall be in writing and made to the board of barber examiners at its office in Des Moines, Iowa. A hearing will be held to determine eligibility. Notice of the time and place for the hearing shall be sent by certified mail to the applicant. The applicant shall appear in person before the board at the hearing. At the hearing the applicant shall submit to the board the following information in typed or printed form:

23.1(1) The exact location of the proposed school.

23.1(2) A statement of the maximum number of students proposed to be trained at any time as determined by the physical facilities.

23.1(3) A photostatic copy of the essential parts of all leases, with a lease of at least one year, or other documents, giving the owner of the school the right to possession of the premises.

23.1(4) Evidence that the applicant has sufficient finances to acquire the facilities and equipment required by the board and that finances are available to provide for operation of the proposed school for a minimum period of 12 months. Such evidence shall be presented by sworn affidavit of the applicant and financial statement duly signed in affidavit form as to its veracity.

23.1(5) A complete plan of the physical facilities to be utilized and as applied to sections relative to classroom and minimum equipment required.

23.1(6) No student shall be accepted until the above requirements are met.

23.1(7) Application for license. An application for license which does not meet the minimum criteria for licensure shall be retained by the professional licensure division for a maximum of two years from the date the application was received. A person whose application for license is more than two years old must submit a new application and fee(s). An applicant must submit a written request to the board to keep the application on file.

23.1(8) Number of instructors required. In each school or college of barbering, there shall be at least two licensed instructors for every 30 students or fraction thereof, and one additional instructor for each additional 15 students or fraction thereof.

23.1(9) A school shall not permit its instructors to work on its patrons, except when instructing or otherwise assisting students in the school.

23.1(10) A school that is issued an initial license within six months prior to the license renewal shall not be required to renew the license until the renewal month one year later.

645—23.2(147) Minimum equipment of school of barbering. Each school of barbering shall have the following minimum equipment:

23.2(1) One chair, lavatory and backstand, providing proper cabinet for immediate linen supply, and individual sterilizers for each chair. There shall be no fewer than ten such sets in the classroom equipped for practice on the general public.

23.2(2) One set of textbooks of barbering for each student and each instructor.

23.2(3) Electric equipment. One high–frequency electrode, one twin vibrator, one heat cap, one infrared lamp, one ultraviolet lamp.

23.2(4) One trichoscope.

23.2(5) One automatic lather mixer for every two chairs.

23.2(6) One large writing board for every classroom.

23.2(7) One large bulletin board conspicuously located for posting rules, notices, and similar bulletins.

23.2(8) One set of files for all required records.

23.2(9) The classroom shall be equipped with the specified writing board and charts showing illustrations of the skin, circulation of the blood, muscles and bones of the face, scalp, and neck. This room shall be used for the sole purpose of giving scientific instruction to students.

645—23.3(158) Course of study. Each Iowa school of barbering licensed by the board of barber examiners shall conduct a course of study of at least 2,100 hours to be equally divided over a period of not less than ten months. Such course of study shall include the following:

23.3(1) Supervised practical instruction totaling 1,675 hours shall include:

Scalp care and shampooing

Honing and stropping

Shaving

Facials, massage and packs

Science of hair structure

Haircutting

Hair tonics and singeing

Hair relaxing

Hair coloring and hair body processing

Hair styling

Manicuring

Artificial nails (all aspects)

23.3(2) Demonstration and lectures totaling 380 hours shall include:

Law, ethics, economics, equipment, shop management and history of barbering

Sanitation, sterilization, personal hygiene and first aid

Bacteriology

Anatomy

Skin, scalp, hair and their common disorders

Electricity, as applied to barbering

Chemistry and pharmacology

Scalp care

Honing and stropping

Shaving

Facials, massage and packs

Hair relaxing

Science of hair structure

Haircutting

Hair tonics and singeing

Instruments, soaps, shampoos, creams, lotions and tonics

Nails

23.3(3) Special lectures totaling 45 hours must include lectures by a qualified person in the following areas: tax consultant, advertising, insurance, business management, salesmanship and licensed barbers.

23.4(1) No one in any way connected with a school of barbering shall guarantee occupational positions to students or guarantee financial aid in equipping a shop.

23.4(2) Instructors shall familiarize students with the different standard supplies and equipment used in barbershops.

23.4(3) No student shall receive pay nor be allowed any rebates, refunds or commissions on any money taken in at the barber chair for service rendered to patrons.

23.4(4) When school services are displayed or in any manner advertised by a school of barbering, they shall be followed by the words “STUDENT WORK” in lettering at least one–half the size of the lettering used in the advertisement or display.

23.4(5) Instructors and students shall be attired in clean and neat uniforms at all times during school hours.

23.4(6) There shall be not more than two students enrolled for each barber chair installed in a school of barbering.

23.4(7) All bottles and containers in use must be distinctly and correctly labeled, showing the intended use of the contents.

23.5(1) All schools of barbering shall establish regular school hours. No student shall be required to attend more than nine hours on any given school day. The board shall be notified of established hours.

23.5(2) A minimum of eight hours of classroom instruction per week shall be given to all students. These periods shall include lectures, individual instruction and written examinations.

23.5(3) All examinations and other written papers shall be carefully graded and returned to students in order that they may see errors.

23.6(1) Each school or college shall forward to the board of barber examiners a complete application for enrollment upon the date of admittance of a student together with required credentials.

23.6(2) Each school shall keep a daily class record of each student, showing the hours devoted to the respective subjects, time devoted by a student to each subject, the total number of hours in attendance, and days present and absent, which shall be subject to inspection by the board of barber examiners or a representative of the board.

23.6(3) The manager of each school shall compile from the records a summary of each student’s grades, hours, and attendance, which shall be presented to the student upon graduation and which shall also be made a part of the student’s application for examinations. The manager shall sign each copy of the required records and shall certify that said records are correct and that the student has received a diploma from the school.

645—23.7(147) Library requirements. Each school of barbering shall maintain a library for the students enrolled therein consisting of textbooks, videos, current trade publications, and shop management materials which are current within the previous ten years and which cover the topics necessary for the student to master the skill of barbering.

645—23.8(158) Apprenticeship. An applicant for a license as a barber in Iowa who is licensed as a barber or registered as an apprentice barber in another state may receive credit toward the required 2,100 hours of course of study prescribed by Iowa Code section 158.8 at a ratio of 100 hours credit for each 400 hours of registered apprenticeship completed in the state in which the applicant is licensed or registered as an apprentice.

These rules are intended to implement Iowa Code section 158.8.

ITEM 5. Adopt new 645—Chapter 24 as follows:

CHAPTER 24
CONTINUING EDUCATION FOR BARBERS

645—24.1(158) Definitions. For the purpose of these rules, the following definitions shall apply:

“Active license” means the license of a person who is acting, practicing, functioning, and working in compliance with license requirements.

“Administrator” means the administrator of the board of barber examiners.

“Approved program/activity” means a continuing education program/activity meeting the standards set forth in these rules which has received approval by the board pursuant to these rules.

“Approved sponsor” means a person or an organization sponsoring continuing education activities that has been approved by the board as a sponsor pursuant to these rules. During the time an organization, educational institution, or person is an approved sponsor, all continuing education activities of such organization, educational institution, or person shall be deemed automatically approved.

“Audit” means the selection of licensees for verification of satisfactory completion of continuing education requirements during a specified time period or the selection of providers for verification of adherence to continuing education provider requirements during a specified time period.

“Board” means the board of barber examiners.

“Continuing education” means planned, organized learning acts designed to maintain, improve, or expand a licen–see’s knowledge and skills in order for the licensee to develop new knowledge and skills relevant to the enhancement of practice, education, or theory development to improve the safety and welfare of the public.

“Hour of continuing education” means a clock hour spent by a licensee in actual attendance at and completion of approved continuing education activity.

“Inactive license” means the license of a person who is not engaged in practice in the state of Iowa.

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

“License” means license to practice.

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

24.2(1) The biennial continuing education compliance period shall extend for a two–year period beginning on July 1 and ending on June 30 of each even–numbered year. Each biennium, each person who is licensed to practice as a barber in this state shall be required to complete a minimum of eight hours of continuing education approved by the board.

24.2(2) Requirements of new licensees. Those persons licensed for the first time shall not be required to complete continuing education as a prerequisite for the first renewal of their licenses. Continuing education hours acquired anytime from the initial licensing until the second license renewal may be used. The new licensee will be required to complete a minimum of eight hours of continuing education per biennium for each subsequent license renewal.

24.2(3) Hours of continuing education credit may be obtained by attending and participating in a continuing education activity. These hours must be approved by the board or otherwise meet the requirements herein pursuant to statutory provisions and the rules that implement them.

24.2(4) No hours of continuing education shall be carried over into the next biennium except as stated for the second renewal.

24.2(5) It is the responsibility of each licensee to finance the cost of continuing education.

24.3(1) General criteria. A continuing education activity which meets all of the following criteria is appropriate for continuing education credit if it is determined by the board that the continuing education activity:

a. Constitutes an organized program of learning which contributes directly to the professional competency of the licensee;

b. Pertains to subject matters which integrally relate to the practice of the profession;

c. Is conducted by individuals who have specialized education, training and experience by reason of which said individuals should be considered qualified concerning the subject matter of the program. The application must be accompanied by a paper, manual or outline which substantively pertains to the subject matter of the program and reflects program schedule, goals and objectives. The board may request the qualifications of presenters;

d. Fulfills stated program goals, objectives, or both; and

e. Provides proof of attendance to licensees in attendance including:

(1) Date(s), location, course title, presenter(s);

(2) Number of program contact hours (One contact hour usually equals one hour of continuing education credit.); and

(3) Official signature or verification by program sponsor.

24.3(2) Specific criteria. Continuing education credit offered for cosmetology continuing education credit will be accepted for barber continuing education credit.

24.4(1) Approval of sponsors. An applicant who desires approval as a sponsor of courses, programs, or other continuing education activities shall, unless exempted elsewhere in these rules, apply for approval to the board on the form designated by the board stating the applicant’s educational history for the preceding two years or proposed plan for the next two years.

a. The form shall include the following:

(1) Date(s), location, course title(s) offered and outline of content;

(2) Total hours of instruction presented;

(3) Names and qualifications of instructors including résumés or vitae; and

(4) Evaluation form(s).

b. Records shall be retained by the sponsor for four years.

c. Attendance record report. The person or organization sponsoring an approved continuing education activity shall provide a certificate of attendance or verification to the licensee providing the following information:

(1) Program date(s);

(2) Course title and presenter;

(3) Location;

(4) Number of clock hours attended and continuing education hours earned;

(5) Name of sponsor and sponsor number;

(6) Licensee’s name; and

(7) Method of presentation.

d. All approved sponsors shall maintain a copy of the following for a minimum of four years from the date of the continuing education activity:

(1) The continuing education activity;

(2) List of enrolled licensees’ names and license numbers; and

(3) Number of continuing education clock hours awarded.

e. The program instructors shall have successfully completed a board–approved 16–hour teaching class. Upon written request the board may grant a waiver of the 16–hour class upon demonstration by the instructor that the instructor has met the requirement by equivalency.

f. The sponsor shall submit a report of all continuing education programs conducted in the previous year during the assigned month for reporting designated by the board. The report shall include:

(1) Date(s), location, course title(s) offered and outline of content;

(2) Total hours of instruction presented;

(3) Names and qualifications of instructors including résumés or vitae;

(4) Evaluation form(s); and

(5) A summary of the evaluations completed by the licensees.

24.4(2) Prior approval of programs/activities. An organization or person other than an approved sponsor that desires prior approval of a course, program or other educational activity or that desires to establish accreditation of such activity prior to attendance shall apply to the board for approval on a form provided by the board at least 60 days in advance of the commencement of the activity. The board shall approve or deny such application in writing within 30 days of receipt of such application. The application shall state:

a. Date(s);

b. Course(s) offered;

c. Course outline;

d. Total hours of instruction; and

e. Names and qualifications of speakers and other pertinent information. The speakers shall have successfully completed a board–approved 16–hour teaching class. Upon written request the board may grant a waiver of the 16–hour class upon demonstration by the instructor that the instructor has met the requirement by equivalency. The organization or person shall be notified of approval or denial by ordinary mail.

24.4(3) Review of programs. Continuing educationprograms/activities shall be reported every year at the designated time as assigned by the board. The board may at any time reevaluate an approved sponsor. If, after reevaluation, the board finds there is cause for revocation of the approval of an approved sponsor, the board shall give notice of the revocation to that sponsor by certified mail. The sponsor shall have the right to hearing regarding the revocation. The request for hearing must be sent within 20 days after the receipt of the notice of revocation. The hearing shall be held within 90 days after the receipt of the request for hearing. The board shall give notice by certified mail to the sponsor of the date set for the hearing at least 30 days prior to the hearing. The board shall conduct the hearing in compliance with rule 645—11.9(17A).

24.4(4) Postapproval of activities. A licensee seeking credit for attendance at and participation in an educational activity which was not conducted by an approved sponsor or otherwise approved shall submit to the board, within 60 days after completion of such activity, the following:

a. Date(s);

b. Course(s) offered;

c. Course outline;

d. Total hours of instruction and credit hours requested;

e. Names and qualifications of speakers and other pertinent information. The speakers shall have successfully completed a board–approved 16–hour teaching class. Upon written request the board may grant a waiver of the 16–hour class upon demonstration by the instructor that the instructor has met the requirement by equivalency;

f. Request for credit which includes a brief summary of the activity; and

g. Certificate of attendance or verification.

Within 90 days after receipt of such application, the board shall advise the licensee in writing by ordinary mail whether the activity is approved and the number of hours allowed. A licensee not complying with the requirements of this subrule may be denied credit for such activity.

24.4(5) Voluntary relinquishment. The approved sponsor may voluntarily relinquish sponsorship by notifying the board office in writing.

645—24.5(158) Reporting continuing education by licensee. At the time of license renewal, each licensee shall be required to submit a report on continuing education to the board on a board–approved form.