Pages 1658 to 1699 include ARC 1535B to ARC 1558B

Administrative rules review committee 1650

Notice, Scrapie disease, 64.190 to 64.199
ARC 1548B 1658

Filed, Infectious and contagious diseases—
reporting; paratuberculosis (Johne’s) disease,
64.1, 64.170 to 64.178 ARC 1547B 1679

Schedule for rule making 1648

Publication procedures 1649

Administrative rules on CD–ROM 1649

Agency identification numbers 1656

CITATION OF ADMINISTRATIVE RULES 1647

Notice, Postsecondary schools—approval criteria,
21.1 ARC 1552B 1661

Filed, Iowa vocational–technical tuition
grant program, 13.1(1)“a” ARC 1553B 1681

Filed, Temporary permit, 14.101(3)
ARC 1543B 1681

Filed, Talented and gifted endorsement—
graduate and undergraduate coursework,
14.140(13) ARC 1542B 1682

Notice Terminated, Updating and
clarification of information, 1.3, 9.2,
9.4, 11.2, 11.6 ARC 1536B 1662

Notice, Discarded appliance demanufacturing,
118.2(2), 118.3, 118.4(4), 118.5, 118.6,
118.11, 118.14(1) ARC 1540B 1662

Filed, Definition—storm water discharge
associated with industrial activity, 60.2
ARC 1535B 1682

Filed, Permits; special waste authorizations
102.15, ch 109 ARC 1537B 1683

Filed, Beverage container deposits,
107.1 to 107.15 ARC 1538B 1685

Filed Emergency, Discarded appliance
demanufacturing, 118.2(2), 118.3,
118.4(4), 118.5, 118.6, 118.11, 118.14(1)
ARC 1541B 1677

Filed, Financial responsibility for underground
storage tanks, 136.2, 136.18(1), 136.23(6)
ARC 1539B 1689

Notice Terminated, Medicaid—reduction
in payments to providers, 78.3, 79.1(1)“g,”
79.1(2), 79.1(8)“a,” 79.1(18), 81.6(4),
81.6(16) ARC 1554B 1662

Filed, Hospitals—minimum standards for
construction, 51.51(2)“d,” 51.52, 51.53
ARC 1555B 1690

Filed, Contraceptive coverage, 35.39(1),
71.24(1), 75.18(1) ARC 1558B 1691

Notice, Administrative and regulatory authority
for the board of behavioral science
examiners, ch 30 ARC 1556B 1663

Filed, 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 1557B 1691

Filed, Respiratory care practitioners, ch 260;
renumber ch 261 as ch 262; adopt ch 261;
262.6, 262.9, 262.10(1); adopt chs 263, 264
ARC 1550B 1692

Filed, Athletic trainers, ch 350; renumber
ch 351 as ch 352; adopt ch 351; 352.2(1),
352.6, 352.9, 352.10; adopt chs 353, 354
ARC 1549B 1692

Summarized list 1653

Notice, Implementation of legislation;
technical corrections, amendments to
chs 400, 401, 411, 415, 424, 425, 431,
450, 451 ARC 1544B 1664

Notice, Mobile home dealers,
manufacturers and distributors,
421.1 to 421.8 ARC 1546B 1668

Notice, Licenses and licensing—technical
corrections, amendments to chs 600 to 602,
605, 607, 610, 611, 615, 620, 630, 640, 641
ARC 1545B 1670

Notice—Public funds interest rates 1676

Notice 1676

Filed, Update of gas and electric safety
standards, 10.12(1), 10.17, 15.10(1)“f,”
19.5(2), 19.6(3), 19.8(3), 20.5(2),
20.6(3)“a,” 25.2 ARC 1551B 1698

CITATION of Administrative Rules

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

441 IAC 79 (Chapter)

441 IAC 79.1(249A) (Rule)

441 IAC 79.1(1) (Subrule)

441 IAC 79.1(1)“a” (Paragraph)

441 IAC 79.1(1)“a”(1) (Subparagraph)

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

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

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

__________________________________

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

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

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

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

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

TO: Administrative Rules Coordinators and Text Processors of State Agencies

FROM: Kathleen K. Bates, Iowa Administrative Code Editor

SUBJECT: Publication of Rules in Iowa Administrative Bulletin

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

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The Administrative Rules Review Committee will hold its regular, statutory meeting on Tuesday, May 14, 2002, at 9 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 the authority of Iowa Code sections 159.5(11) and 163.1, the Department of Agriculture and Land Stewardship gives Notice of Intended Action to amend Chapter 64, “Infectious and Contagious Diseases,” Iowa Administrative Code.

These rules are intended to implement a scrapie control and eradication program developed by the United States Department of Agriculture. These rules are intended to allow Iowa to qualify for consistent state status, and include the mandatory identification of all sexually intact sheep and some goats, and restrictions on the movement of sheep and goats that are infected with, suspected of having, or exposed to scrapie. Based on an individual state’s compliance with federal program guidelines, each state will be classified as consistent or not consistent. Consistent state classification will result in fewer restrictions on animal movement.

There are no general waiver provisions in these rules.

Any interested person may make written suggestions or comments on the following proposed rules prior to 4:30 p.m. on May 17, 2002. Such written material should be directed to Dr. John Schiltz, State Veterinarian, Animal Industry Bureau, Iowa Department of Agriculture and Land Stewardship, Wallace State Office Building, Des Moines, Iowa 50319. Comments may also be submitted by fax to (515) 281–4282 or by E–mail to John.Schiltz@idals.state.ia.us.

These rules are intended to implement Iowa Code chapter 163.

The following amendment is proposed.

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

21—64.190(163) Definitions. Definitions used in rules 64.190(163) through 64.199(163) are as follows:

“Accredited veterinarian” means a veterinarian approved by the administrator of Animal and Plant Health Inspection Service (APHIS), United States Department of Agriculture (USDA), and the state veterinarian in accordance with 9 CFR Part 161.1 to perform functions required by cooperative state–federal animal disease control and eradication programs.

“Administrator” means the administrator of APHIS or any employee of USDA to whom the administrator has delegated authority to act for the administrator.

“Animal” means any sheep or goat.

“APHIS representative” means an individual employed by USDA–APHIS in animal health activities who is authorized by the administrator to perform the functions and duties involved in the Scrapie Eradication Program.

“Approved laboratory” means a diagnostic laboratory approved by APHIS to conduct tests for scrapie or genotypes on one or more tissues.

“Area Veterinarian–in–Charge (AVIC)” means the veterinary official of APHIS assigned by APHIS to supervise and perform the official animal health work of APHIS in the state concerned.

“Breed associations and registries” means the organizations that maintain the permanent records of ancestry or pedigrees of animals (including the animal’s sire and dam), individual identification of animals, and ownership of animals. These records may be used in an epidemiological investigation to help determine the identity and disposition of animals.

“Certificate of veterinary inspection” means an official document approved by the Iowa department of agriculture and land stewardship or USDA issued by a licensed accredited veterinarian at the point of origin of movement of animals.

“Commingle” means to group animals together having physical contact with each other, including contact through a fence, but not limited contact. Commingling includes sharing the same section in a transportation unit where physical contact may occur.

“Designated scrapie epidemiologist (DSE)” means a state or federal veterinarian designated by the state and APHISto make decisions about the use and interpretation of diagnostic tests and field investigation data and the management of scrapie–affected flocks.

“Exposed animal” means:

1. Any animal that has been in the same flock at the same time as a scrapie–positive female animal, excluding limited contacts; or

2. Any animal born in a flock after a scrapie–positive animal was born into that flock or lambed in that flock, if born before that flock completes the requirements of a flock plan; or

3. Any animal that was commingled with a scrapie–positive female animal during or up to 30 days after she lambed, kidded, or aborted, or while a visible vaginal discharge was present, including during activities such as shows and sales or while in marketing channels; or

4. Any animal in a noncompliant flock.

“Exposed flock” means any flock in which:

1. A scrapie–positive animal was born or lambed; or

2. A female high–risk or suspect animal currently resides; or

3. A female high–risk or suspect animal that lambed in the flock and from which tissues were not submitted for official testing and found negative once resided.

A flock that has completed a post–exposure management and monitoring plan (PEMMP) following the exposure will no longer be an exposed flock.

“Flock” means a group of sheep or goats or a mixture of both species, residing on the same premises, or under common ownership or supervision on two or more premises with animal interchange between the premises. Changes in ownership of part or all of a flock do not change the identity of the flock or the regulatory requirements applicable to the flock.

“Flock identification number” means the premises number assigned by USDA and approved by the state that appears on the official identification issued to a flock and conforms with the standards for an epidemiologically distinct alphanumeric number as outlined in 9 CFR 79.1.

“Flock of origin” means the flock in which an animal most recently resided in which it either was born, gave birth, or was used for breeding purposes. The determination that an animal originated in a flock must be based either on the physical presence of the animal in the flock, the presence of official identification on the animal traceable to the flock, the presence of other identification on the animal that is listed on the bill of sale, or other evidence to be determined by the DSE.

“Flock plan” means a written flock management agreement signed by the owner of a flock, the accredited veterinarian if one is employed by the owner, and a state or APHIS representative, in which each participant agrees to undertake actions specified in the flock plan to control the spread of scrapie from and eradicate scrapie in an infected flock or source flock or to reduce the risk of the occurrence of scrapie in a flock that contains a high–risk or an exposed animal. As part of a flock plan, the flock owner must provide the facilities and personnel needed to carry out the requirements of the flock plan. The flock plan must include the requirements in 9 CFR 54.8.

“Goats that reside with sheep” means goats that are kept on the same premises where sheep are found, regardless of separate fencing, penning, or housing, unless designated as a separate flock by the DSE.

“High–risk animal” means a sexually intact animal that is:

1. The progeny of a scrapie–positive dam; or

2. Born in the same flock during the same lambing season as progeny of a scrapie–positive dam; or

3. Born in the same flock during the same lambing season that a scrapie–positive animal was born, or during any subsequent lambing season, if born before that flock completes the requirements of a flock plan; or

4. An exposed female sheep that has not been determined to be genetically resistant (has not tested QR, HR, or RR at codon 171).

Male sheep that have tested RR at codon 171 and AA at codon 136 using an official genotype test are excluded.

“Infected flock” means any flock in which the DSE has determined that a scrapie–positive female animal has resided unless an epidemiological investigation conducted by the DSE shows that the animal did not lamb or abort in the flock. A flock will no longer be considered an infected flock after it has completed the requirements of a flock plan.

“Interstate commerce” means trade, traffic, transportation, or other commerce between a place in a state and any place outside that state, or between points within a state but through any place outside that state.

“Limited contact” means incidental contacts between animals off the flock’s premises such as at fairs, shows, exhibitions and sales; between ewes being inseminated, flushed, or implanted; or between rams at ram test or collection stations. Embryo transfer and artificial insemination equipment and surgical tools must be sterilized before each use for these contacts to be considered limited contacts. Limited contact does not include any contact, incidental or otherwise, with an animal during or up to 30 days after a female animal lambed, kidded or aborted or when there is any visible vaginal discharge. Limited contact does not include any activity where uninhibited contact occurs, such as sharing an enclosure, sharing a section of a transport vehicle, or residing in other flocks for breeding or other purposes, except as allowed by the Scrapie Flock Certification Program standards.

“Live–animal screening test” means any test for the diagnosis of scrapie in a live animal that is approved by APHIS and that is conducted in a laboratory approved by APHIS.

“Noncompliant flock” means:

1. Any source or infected flock whose owner declines to enter into a flock plan or post–exposure management and monitoring plan agreement within 30 days of being so designated, or whose owner is not in compliance with either agreement;

2. Any exposed flock whose owner fails to make animals available for testing within 60 days of notification, or as mutually agreed, or whose owner fails to submit required postmortem samples;

3. Any flock whose owner or manager has misrepresented, or who employs a person who has misrepresented, the scrapie status of an animal or any other information on a certificate, permit, owner statement, or other official document within the past five years;

4. Any flock whose owner or manager has moved, or who employs a person who has moved, an animal in violation of these rules within the past five years; or

5. Any flock which fails to follow the requirements of a flock plan or a PEMMP.

“Official genotype test” means any test to determine the genotype of a live or dead animal that is conducted at an approved laboratory when the animal is officially identified and the samples used for the test are collected and shipped to the laboratory by either an accredited veterinarian or a state or APHIS representative.

“Official identification” means identification approved by the state and APHIS for use in the Scrapie Eradication Program in the state of Iowa. For sheep, this will consist of white plastic tags with distinct flock identification numbers combined with individual animal numbers issued to flock owners, and white metal serial tags distinct to the scrapie program issued to markets, dealers, and veterinarians. Flocks that are enrolled in the Scrapie Flock Certification Program (SFCP) may use their enrolled flock tags in lieu of the above–mentioned tags. SFCP tattoos are not acceptable for this purpose. Goats that reside with sheep are considered to be part of the same flock, and as such must be officially identified. The official identification can be accomplished by using the same tags as on the sheep, or by any method approved by USDA, as outlined in 9 CFR 79.2. Animals entering the state of Iowa from other states are required to be officially identified in accordance with 9 CFR 79.2.

“Official test” means any test for the diagnosis of scrapie in a live or dead animal that is approved by APHIS for that use and conducted at an approved laboratory.

“Owner” means a person, partnership, company, corporation, or any other legal entity which has legal or rightful title to animals, whether or not the animals are subject to a mortgage.

“Owner/seller statement” means a written statement by the owner or seller of animals requiring official identification that includes the owner’s/seller’s name, signature, address, telephone number, date, flock identification number, number of animals involved, and a signed statement indicating whether the animals are officially identified, and certifying that the animals are not scrapie–positive, scrapie–suspect, high–risk, or exposed; that they did not originate from an infected, source, exposed, or noncompliant flock; and that the owner/seller will maintain records as to the origin of the individual animals for five years.

“Permit” means an official document issued by an APHIS or state representative or an authorized accredited veterinarian that allows the interstate movement of animals under quarantine, such as exposed, noncompliant, infected, or source flock animals, whether the animals are high–risk, exposed, scrapie–positive, or scrapie–suspect. A seal may be required by the state veterinarian or AVIC.

“Post–exposure management and monitoring plan (PEMMP)” means a written agreement signed by the owner of a flock, any accredited veterinarian employed by the owner, and a state or APHIS representative, in which each participant agrees to undertake actions specified in the agreement to monitor for the occurrence of scrapie in the flock for at least five years after the last high–risk or scrapie–positive animal is removed from the flock or after the last exposure of the flock to a scrapie–positive animal, unless otherwise spec–ified by a state or APHIS representative. As part of a post–exposure management and monitoring plan, the flock owner must provide the facilities and personnel needed to carry out the requirements of the plan. The plan must include the requirements in 9 CFR 54.8.

“Premises” means the ground, area, buildings, and equipment occupied by one or more flocks of animals.

“Program” means the cooperative state–federal–industry program administered by APHIS and consistent states to control and eradicate scrapie.

“Quarantine” means an imposed restriction prohibiting movement of animals to any location without specific written permits.

“Scrapie” is a nonfebrile, transmissible, insidious degenerative disease affecting the central nervous system of sheep and goats.

“Scrapie Eradication Program” is the cooperative state–federal–industry program administered by APHIS and consistent states to control and eradicate scrapie.

“Scrapie Flock Certification Program (SFCP)” is a voluntary state–federal–industry cooperative program established and maintained to reduce the occurrence and spread of scrapie, identify flocks that have been free of evidence of scrapie over specified time periods, and contribute to the eventual eradication of scrapie. This program was formerly known as the Voluntary Scrapie Flock Certification Program.

“Scrapie–positive animal” means an animal for which a diagnosis of scrapie has been made by an approved laboratory through one of the following:

1. Histopathological examination of central nervous system (CNS) tissues from the animal for characteristic microscopic lesions of scrapie;

2. The use of protease–resistant protein analysis methods including but not limited to immunohistochemistry or western blotting on CNS or peripheral tissue samples from a live or a dead animal for which a given method has been approved by the administrator for use on that tissue;

3. Bioassay;

4. Scrapie associated fibrils (SAF) detected by electron microscopy; or

5. Any other test method approved by the administrator in accordance with 9 CFR 54.10.

“Source flock” means a flock in which a state or APHIS representative has determined that at least one animal was born that was diagnosed as a scrapie–positive animal at an age of 72 months or less. The determination will be made by the DSE in accordance with the guidelines in 9 CFR 54.1. A flock will no longer be a source flock after the requirements of a flock plan have been completed.

“State animal health official” means an individual employed by the Iowa department of agriculture and land stewardship (IDALS) in animal health activities, and who is authorized by the state to perform the function involved.

“Suspect animal” means:

1. A sheep or goat that exhibits any of the following possible signs of scrapie and that has been determined to be suspicious for scrapie by an accredited veterinarian or a state or APHIS representative. Possible signs include weight loss despite retention of appetite; behavioral abnormalities; pruritus (itching); wool pulling; biting at legs or side; lip smacking; motor abnormalities such as incoordination, high stepping gait of forelimbs, bunny hop movement of rear legs, or swaying of back end; increased sensitivity to noise and sudden movement; tremor, star gazing, head pressing, recumbency, or other signs of neurological disease or chronic wasting;

2. A sheep or goat that has tested positive for scrapie or for the protease–resistant protein associated with scrapie on a live–animal screening test or any other official test, unless the animal is designated a scrapie–positive animal;

3. A sheep or goat that has tested inconclusive or suggestive on an official test for scrapie.

“Trace” means all actions required to identify the flock of origin or destination of an animal.

“Unofficial test” means any test for the diagnosis of scrapie or for the detection of the protease–resistant protein associated with scrapie in a live or dead animal that either has not been approved by APHIS or that was not conducted at an approved diagnostic laboratory.

21—64.191(163) Identification. Animals required to beofficially identified shall have official identification applied upon or before departing from the current flock of origin by the flock/herd owner or the owner’s agent. Identification may also be applied to animals by state or federal regulatory personnel in the case of exposed, suspect, test–positive and high–risk animals, or in other instances under the instructions of state or APHIS representatives.

Animals requiring official identification include:

1. Sexually intact sheep departing from the current flock of origin, whether for change of ownership, marketing/slaughter, or any other sale or lease to another person, or to attend an exhibition.

2. Sexually intact goats that reside with sheep.

3. All exposed, suspect, test–positive and high–risk animals.

4. Sexually intact sheep of any age imported into Iowa.

Animals under 18 months of age moving directly to a slaughter facility from within or outside Iowa (not through an auction market or dealer) are exempt from the identification requirement, except exposed, suspect, test–positive, or high–risk animals. Rams which are leased should be identified to the owner’s flock, and the owner must keep records as to the ram’s movements.

Animals that require official identification and already have official identification from a previous flock must have new official identification applied in addition to the official identification already in place, whenever departing from a new flock of origin.

21—64.192(163) Supervision of the scrapie program. The Iowa scrapie program will be a cooperative program between the Iowa department of agriculture and land stewardship and USDA–APHIS, and will be supervised by full–time animal health veterinarians employed by the state or the federal government.

21—64.193(163) Restrictions on the removal of official identification. Removal of official identification is prohibited. No person may remove or tamper with any approved means of identification required to be on sheep or goats.

64.194(1) Record–keeping requirements for owners.Records must be maintained for five years on every animal identified. For animals not born in the flock, records must include the flock of origin number or name and address for every animal acquired, date of acquisition, and name of seller if different from the flock of origin owner. The flock of birth shall also be recorded, if known. All animals officially identified upon departure from the flock must have the individual animal number found on the official identification recorded and correlated in records with other production numbers or previous flock identification numbers, if any, the name and address of the buyer, and the date the animal was removed from the flock.

64.194(2) Record–keeping requirements for auction markets. Markets must collect a completed and signed owner/seller statement from each seller presenting animals that require official identification. For animals identified by the market, the serial tag number applied for each animal must be recorded on the signed owner/seller statement. Bill of sale records will serve as documentation of the buyers of animals presented by any particular seller. All of these documents must be made available for inspection upon request, and maintained as official records for five years.

64.194(3) Record–keeping requirements for licensed sheep dealers. The dealer must collect a completed and signed owner/seller statement from the person from whom the dealer takes possession of the animals. For animals identified by the dealer, the serial tag number applied for each animal must be recorded on the owner/seller statement. The dealer must maintain a copy of these records for five years. The dealer may provide a copy of this form to the buyer, or complete a new owner/seller statement at the time of disposal of these animals. For animals that are resorted and sold, records must show all potential buyers of any animal acquired. Every effort should be made to maintain the identity of groups from the same flock, through separate penning and temporary identification such as chalk marking, in order to simplify efforts to identify the final destination of individual animals. Records must be kept for five years and made available for inspection upon request.

21—64.195(163) Responsibility of persons handling sheep and goats in commerce to ensure the official identification of animals. Licensed sheep dealers and auction markets and those that provide transport must ensure that animals are properly identified upon taking possession of the animals. Animals lacking official identification must either be declined or identified by the licensed dealer or market with official identification issued to the dealer or market immediately upon the dealer’s or the market’s taking possession and prior to commingling.

21—64.196(163) Veterinarian’s responsibilities when identifying sheep or goats. Veterinarians may be issued official identification in the form of the serial number ear tags, and, on rare occasion, may be called upon to officially identify animals. The veterinarian should apply the identification only if the flock of origin information is available. When such animals are identified, the veterinarian applying identification must record the serial tag number applied for each animal, collect a signed owner/seller statement from the person requesting the application of official identification, and record the flock of origin information. These records must be kept for five years and made available for inspection upon request.

21—64.197(163) Certificates of veterinary inspection. Certificates of veterinary inspection issued by licensed accredited veterinarians shall be obtained whenever animals change ownership, other than for slaughter. The veterinarian must obtain a signed owner/seller statement from the owner of the animal(s). For breeding animals moving out of state, the flock identification number(s) must be listed. If flock identification tags were not used, then the individual official serial tag numbers must be listed on the certificate. Addi–tionally, the certificate must include a written statement, signed by the veterinarian, stating that the animal(s) “were not exhibiting clinical signs associated with scrapie at the time of examination.” The veterinarian shall check with the state of destination for additional requirements. Animals sold other than to slaughter through federally licensed livestock markets that will remain in Iowa may be released on either a certificate of veterinary inspection or a bill of sale that features a veterinary signature stamp signifying inspection, and do not require these statements provided that the market has collected a properly executed owner/seller statement.

21—64.198(163) Requirements for shows and sales. Official identification is required for any sexually intact sheep to be exhibited. Exposed, high–risk, and suspect animals and those from quarantined flocks may not be exhibited.

21—64.199(163) Movement restrictions for scrapie–affected animals and their flocks. No sexually intact animal will be permitted to move from an infected or source flock except under permit to slaughter or to a research or diagnostic facility unless otherwise specified in the flock plan. High–risk, suspect, and sexually intact exposed animals from other than infected or source flocks will be placed under movement restrictions. These restrictions will be in accordance with 9 CFR 79.3. The movement restrictions on the flock and criteria for release of these restrictions will be spec–ified as part of the flock plan or post–exposure monitoring and management plan. Animals from noncompliant flocks will be placed under movement restrictions, and may be moved only under permit.

These rules are intended to implement Iowa Code chapter 163.

Pursuant to the authority of Iowa Code sections 261.3, 261B.3A, and 261.37(5), the College Student Aid Commission proposes to amend Chapter 21, “Approval of Postsecondary Schools,” Iowa Administrative Code.

The proposed amendment clarifies the terminology describing faculty standards and the location of students by requiring that applicant schools (1) enroll students who attend classes in Iowa and (2) employ credentialed, full–time Iowa faculty. The addition of words to require attendance in Iowa is intended to clarify those institutions that are not required to register in accordance with Iowa Code section 261B.3A. Some schools believe they need to register if they plan to recruit Iowa students to attend non–Iowa institutions.

Interested persons may submit comments orally or in writing to the Executive Director, College Student Aid Commission, 200 Tenth Street, Fourth Floor, Des Moines, Iowa 50309; telephone (515)242–3341, by 4:30 p.m. on May 7, 2002.

This amendment is intended to implement Iowa Code section 261B.3A.

The following amendment is proposed.

Amend rule 283—21.1(78GA,SF2248) as follows:

283—21.1(78GA,SF2248) Approval criteria. The college student aid commission shall approve applicant schools that:

1. Are accredited by an agency recognized by the United States Department of Education or its successor agency.

2. Are approved for operation by the appropriate state agencies in all other states in which the schools operate or maintain a presence.

3. Are not subject to a limitation, suspension or termination order issued by the United States Department of Education or its successor agency.

4. Are free of sanctions from the schools’ accrediting agencies and appropriate state agencies in all other states in which the schools operate or maintain a presence.

5. Enroll students who attend classes in Iowa or and employ credentialed, full–time Iowa faculty.

6. Comply with Iowa Code section 261B.7 limiting the use of references to the secretary of state, state of Iowa, or college student aid commission in promotional material.

7. Comply with the requirements of Iowa Code section 261.9(1)“e” to “h.”

8. File annual reports that the commission requires from all Iowa colleges and universities.

Pursuant to the authority of Iowa Code sections 17A.3 and 455A.6, the Environmental Protection Commission hereby terminates the rule making initiated by its Notice of Intended Action published in the Iowa Administrative Bulletin on October 17, 2001, as ARC 1020B, proposing to amend Chapter 1, “Operation of Environmental Protection Commission,” Chapter 9, “Delegation of Construction Permitting Authority,” and Chapter 11, “Tax Certification of Pollution Control or Recycling Property,” Iowa Administrative Code.

The Commission is terminating the rule making commenced in ARC 1020B based on comments received from numerous interested parties. The Department intends to reevaluate its current statutory interpretation, policies and procedures for certification of pollution control property tax exemptions for animal feeding operations and address the interested parties’ concerns in a more comprehensive manner.

Pursuant to the authority of Iowa Code section 455B.304, the Environmental Protection Commission hereby gives Notice of Intended Action to amend Chapter 118, “Discarded Appliance Demanufacturing,” Iowa Administrative Code.

This Notice proposes to amend new Chapter 118, which was filed on November 23, 2001, and published in the Iowa Administrative Bulletin on December 12, 2001, as ARC 1192B. The effective date of Chapter 118 was delayed until March 27, 2002, by the Administrative Rules Review Committee. Pursuant to the directive of the Administrative Rules Review Committee, the Department has continued to work with interested parties to address the concerns raised by those parties at the January 8, 2002, meeting of the Administrative Rules Review Committee. Subsequent to the filing of revised Chapter 118, an amendment to subrule 118.14(2) was Adopted and Filed Emergency and published in the February 20, 2002, Iowa Administrative Bulletin as ARC 1383B. This rule making removes restrictions placed upon businesses affected by Chapter 118.

Written comments on the proposed amendments may be submitted on or before May 14, 2002, by sending such comments to Jon C. Tack at the Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319–0034; fax (515)281–8895. Comments may be submitted electronically to Jon.Tack@dnr.state.ia.us.

A public hearing will be held on Tuesday, May 14, 2002, at 1 p.m. in the Fourth Floor West Conference Room of the Wallace State Office Building, at which time persons may present their views on the proposed amendments either orally or in writing. At the hearing, persons wanting to speak will be asked to give their names and addresses for the record and to confine their comments to the subject of the proposed amendments.

Any persons who intend to attend the public hearing and have special needs such as those relating to hearing or mobility impairments should contact the Department of Natural Resources at (515)281–4968 and advise of specific needs.

These amendments were also Adopted and Filed Emergency and are published herein as ARC 1541B. The content of that submission is incorporated by reference.

These amendments are intended to implement Iowa Code sections 455B.304 and 455D.6(6).

Pursuant to the authority of Iowa Code section 249A.4,the Department of Human Services hereby terminates rule–making proceedings under the provisions of Iowa Code section 17A.4(1)“b” for proposed rule making relating to Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” and Chapter 81, “Nursing Facilities,” Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on February 6, 2002, as ARC 1364B. The amendments were also Adopted and Filed Emergency and published in the Iowa Administrative Bulletin on February 6, 2002, as ARC 1365B.

The Notice proposed an across–the–board reduction of 13.2 percent to Medicaid providers for the remainder of state fiscal year 2002, in response to Executive Order Number 24, which mandated an across–the–board cut of 4.3 percent in state funding for all appropriations. The legislature and the governor reappropriated funds to the Department of Human Services through 2002 Iowa Acts, House File 2245, to restore the funds cut from the Medicaid program. Therefore, the legal basis and necessity for the 13.2 percent reduction to Medicaid providers for the remainder of state fiscal year 2002 are removed.

The Department is terminating the rule making commenced in ARC 1364B. The Department is in the process of rule making to reverse the amendments that were Adopted and Filed Emergency as ARC 1365B.

Pursuant to the authority of Iowa Code section 147.76, the Board of Behavioral Science Examiners hereby gives Notice of Intended Action to adopt new Chapter 30, “Administrative and Regulatory Authority for the Board of Behavioral Science Examiners,” Iowa Administrative Code.

The proposed new rules concern the purpose of the Board, organization and proceedings of the Board, official communications, office hours, and public meetings.

These rules were revised in accordance with Executive Order Number 8. Staff and Board members had input on these rules. Decisions were made based on need, clarity, intent and statutory authority, cost and fairness.

Any interested person may make written comments on the proposed rules no later than May 9, 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 May 9, 2002, from 9 to11 a.m. in the Fifth Floor Board Conference Room, Lucas State Office Building, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendment.

These rules are intended to implement Iowa Code section 147.76 and chapters 17A, 154D and 272C.

The following new chapter is proposed.

CHAPTER 30
ADMINISTRATIVE AND REGULATORY
AUTHORITY FOR THE
BOARD OF BEHAVIORAL SCIENCE EXAMINERS

“Board” means the board of behavioral science examiners.

“Board office” means the office of the administrative staff.

“Department” means the department of public health.

“Disciplinary proceeding” means any proceeding under the authority of the board pursuant to which licensee discipline may be imposed.

“License” means a license to practice marital and family therapy or mental health counseling.

“Licensee” means a person licensed to practice as a marital and family therapist or mental health counselor in Iowa.

“Peer review” means evaluation of professional services rendered by a professional practitioner.

“Peer reviewer(s)” means one or more persons acting in a peer review capacity who have been appointed by the board for such purpose.

645—30.2(17A,154D) Purpose of board. The purpose of the board is to administer and enforce the provisions of Iowa Code chapters 17A, 147, 154D and 272C with regard to the practice of marital and family therapy and mental health counseling. The mission of the board is to protect the public health, safety and welfare by licensing qualified individuals who provide services to consumers and by fair and consistent enforcement of the statutes and rules of the licensure board. Responsibilities include, but are not limited to:

30.2(1) Licensing of qualified applicants by examination, renewal, endorsement, and reciprocity.

30.2(2) Developing and administering a program of continuing education to ensure the continued competency of individuals licensed by the board.

30.2(3) Imposing discipline on licensees as provided by statute or rule.

30.3(1) The board is composed of nine members appointed by the governor and confirmed by the senate.

30.3(2) The members of the board shall include:

a. Three members licensed to practice marital and family therapy, one of whom shall be employed in graduate teaching, training, or research in marital and family therapy and two of whom shall be practicing marital and family therapists;

b. Three members licensed to practice mental health counseling, one of whom shall be employed in graduate teaching, training, or research in mental health counseling and two of whom shall be practicing mental health counselors; and

c. Three members who are not licensed to practice marital and family therapy or mental health counseling and who shall represent the general public.

30.3(3) The board shall elect a chairperson, vice chairperson, and secretary from its membership at the first meeting after April 30 of each year.

30.3(4) The board shall hold at least one annual meeting.

30.3(5) A majority of the members of the board shall constitute a quorum.

30.3(6) Board meetings shall be governed in accordance with Iowa Code chapter 21, and the board’s proceedings shall be conducted in accordance with Robert’s Rules of Order, Revised.

30.3(7) The professional licensure division shall furnish the board with the necessary facilities and employees to perform the duties required by this chapter, but shall be reimbursed for all costs incurred from funds appropriated to the board.

30.3(8) The board has the authority to:

a. Develop and implement a program of continuing education to ensure the continued competency of individuals licensed by the board.

b. Establish fees.

c. Establish committees of the board, the members of which shall be appointed by the board chairperson and shall not constitute a quorum of the board. The board chairperson shall appoint committee chairpersons.

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

e. Investigate alleged violations of statutes or rules that relate to the practice of marital and family therapy and mental health counseling upon receipt of a complaint or upon the board’s own initiation. The investigation will be based on information or evidence received by the board.

f. Initiate and impose licensee discipline.

g. Monitor licensees who are restricted by a board order.

h. Establish and register peer reviewers.

i. Refer a complaint to one or more registered peer reviewers for investigation and review. The peer reviewers will review cases and recommend appropriate action. However, the referral of any matter shall not relieve the board of any of its duties and shall not divest the board of any authority or jurisdiction.

30.4(1) All official communication, including submissions and requests, may be addressed to the Board of Behavioral Science Examiners, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319–0075.

30.4(2) Notice of change of address. Each licensee shall notify the board in writing of a change of the licensee’s current mailing address within 30 days after the change of address occurs.

645—30.5(17A) Office hours. The board office is open for public business from 8 a.m. to 4:30 p.m., Monday to Friday of each week, except holidays.

645—30.6(17A) Public meetings. Members of the public may be present during board meetings unless the board votes to hold a closed session. Dates and location of board meetings may be obtained from the board’s Web site (http://www. idph.state.ia.us/licensure) or directly from the board office.

30.6(1) At every regularly scheduled board meeting, time will be designated for public comment. During the public comment period any person may speak for up to two minutes. Requests to speak for two minutes per person later in the meeting when a particular topic comes before the board should be made at the time of the public comment period and will be granted at the discretion of the chairperson. No more than ten minutes will be allotted for public comment at any one time unless the chairperson indicates otherwise.

30.6(2) Persons who have not asked to address the board during the public comment period may raise their hands to be recognized by the chairperson. Acknowledgment and an opportunity to speak will be at the discretion of the chairperson.

These rules are intended to implement Iowa Code chapters 17A, 147 and 154D.

Pursuant to the authority of Iowa Code sections 307.10 and 307.12, the Department of Transportation hereby gives Notice of Intended Action to amend Chapter 400, “Vehicle Registration and Certificate of Title,” Chapter 401, “Special Registration Plates,” Chapter 411, “Persons with Disabilities Parking Permits,” Chapter 415, “Driver’s Privacy Protection —Certificates of Title and Vehicle Registration,” Chapter 424, “Transporter Plates,” Chapter 425, “Motor Vehicle and Travel Trailer Dealers, Manufacturers, Distributors and Wholesalers,” Chapter 431, “Vehicle Recyclers,” Chapter 450, “Motor Vehicle Equipment,” and Chapter 451, “Emergency Vehicle Permits,” Iowa Administrative Code.

These amendments implement legislation and make technical corrections that have been identified as appropriate pursuant to Executive Order Number 8.

Item 1 adds a reference to Iowa Code section 321.113, which provides for flat registration fees for older passenger–type vehicles.

Items 2 and 15 modify references to mobile homes to include manufactured homes, in accordance with 2001 Iowa Acts, chapter 153.

Item 3 corrects a sentence regarding the model year of specially constructed or reconstructed vehicles. The model year is the year the vehicle is first titled as a specially constructed or reconstructed vehicle.

Item 4 changes the frequency of remittances to the Department of Public Health from monthly to quarterly. These remittances are voluntary contributions collected by the county treasurers and the Department of Transportation for the anatomical gift public awareness and transplantation fund. This change was requested by the Department of Public Health in order to streamline the procedure at both the state and local levels.

Item 5 adds the Internet address from which application forms for special plates are available.

Item 6 deletes the listing of fees for special plates because the listing unnecessarily repeats the statute, and Item 6 also substitutes a cross reference to Iowa Code section 321.34.

Item 7 clarifies the fact that ex–prisoner of war plates may not be reissued to a surviving spouse once the surviving spouse remarries and surrenders the plates.

Item 8 corrects the criteria for issuance of U.S. armed forces retired special plates to agree with Iowa Code subsection 321.34(19).

Item 9 corrects an implementation clause.

Items 10 to 12 revise 716–Chapter 415 to remove or update provisions that are incorrect and add two forms. The current rules are incorrectly based on the premise that personal information in a motor vehicle record is confidential only if the individual who is the subject of the record requests confidentiality. Amendments to both Iowa Code section 321.11 and the federal Driver’s Privacy Protection Act changed this premise. Now, personal information is confidential and may be released only as specified in these statutes. The revised rules mention two forms. One form is used to justify release of personal information without the express written consent of the subject of the record. The other form is used to obtain the subject’s express written consent.

Items 13 and 24 correct an office name and delete a telephone number.

Item 14 corrects the name of a federal agency and a reference to the Iowa Code.

Item 16 changes “certified mail” to “first–class mail” in accordance with 2001 Iowa Acts, chapter 32, section 41.

Items 17 and 18 remove measurements expressed in meters. Measurements expressed in feet are unchanged.

Item 19 corrects a form number.

Items 20 and 21 implement 2001 Iowa Acts, chapter 32, section 32, which requires motor vehicle dealers to obtain a permit to display new motor vehicles at fairs, vehicle shows and vehicle exhibitions. Prior to this legislation, motor vehicle dealers did not need a “display only” permit.

Item 22 changes “mobile home dealers” to “manufactured or mobile home retailers,” in accordance with 2001 Iowa Acts, chapter 153.

Item 23 adds a form number for the demonstration permit.

Item 25 rescinds rule 761—450.1(321) because the Department no longer has statutory authority to set standards for the types of motor vehicle equipment covered in this rule.

Item 26 amends rule 761—450.6(321) to agree with Iowa Code subsection 321.383(1).

Items 27 and 28 pertain to “dark” windows. Item 27 removes a reference to the Code of Federal Regulations but retains the actual standard adopted, which is a minimum standard of 70 percent light transmittance. Item 28 requires the dark window exemption form to be carried at all times in the vehicle to which the exemption applies, and Item 28 also amends the definition of “physician” to allow chiropractors to grant a dark window exemption.

Item 29 removes language which either unnecessarily repeats the statute or is incorrect because of recent legislation and substitutes a reference to Iowa Code section 321.451. Item 29 also revises the definition of “rescue vehicle” to include vehicles used by persons supervising rescue operations.

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 presentation.

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

5. Be received by the Director’s Staff Division no later than May 7, 2002.

A meeting to hear requested oral presentations is scheduled for Thursday, May 9, 2002, at 10 a.m. in the DOT Conference Room at Park Fair Mall, 100 Euclid Avenue, Des Moines, Iowa.

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

These amendments are intended to implement Iowa Code chapter 321.

Proposed rule–making actions:

ITEM 1. Amend subparagraph 400.16(2)“d”(2) as follows:

(2) If the motor vehicle is a passenger–type vehicle, the department shall determine its weight and value. The vehicle weight shall be fixed at the next even 100 pounds above the actual weight of the vehicle fully equipped, as provided in Iowa Code section 321.162. The weight and value shall constitute the basis for determining the annual registration fee under Iowa Code section 321.109, except as provided in Iowa Code section 321.113.

ITEM 2. Amend subparagraph 400.16(3)“d”(4) as follows:

(4) The county treasurer shall then issue a certificate of title and registration receipt for the vehicle upon payment of the appropriate fees. (EXCEPTION: A registration receipt shall is not be issued for a manufactured or mobile home.)

ITEM 3. Amend paragraph 400.16(6)“a” as follows:

a. The model year of a specially constructed or reconstructed vehicle shall be is the year the vehicle is first registered titled as a specially constructed or reconstructed vehicle.

ITEM 4. Amend rule 761—400.26(321) as follows:

761—400.26(321) Anatomical gift. Voluntary contributions collected by the county treasurer or the department to the anatomical gift public awareness and transplantation fund shall be in whole dollar amounts. The county treasurer and the department shall remit contributions collected to the department of public health by the tenth day of the month following the month the contributions were collected quarterly.

This rule is intended to implement Iowa Code section 321.44A.

ITEM 5. Amend paragraph 401.2(1)“b” as follows:

b. Collegiate plates, personalized plates, and special registration plates that have eligibility requirements must be requested using an application form prescribed by the department. Unless otherwise specified, completed application forms for these plates shall be submitted to the department at the following address: Office of Vehicle Services, Iowa Department of Transportation, P.O. Box 9278, Des Moines, Iowa 50306–9278. The office is located in Park Fair Mall, 100 Euclid Avenue, Des Moines. Application forms may be obtained from the office of vehicle services or from any county treasurer’s office. Application forms are also available on the department’s Web site at http://www. dot.state.ia.us/mvd/ovs/plates/index.htm.

ITEM 6. Rescind subrule 401.16(1) and adopt in lieu thereof the following new subrule:

401.16(1) Fees. Fees for special plates are set out in Iowa Code section 321.34.

ITEM 7. Amend subrule 401.21(2) as follows:

401.21(2) The surviving spouse of a person who was issued ex–prisoner of war plates may continue to use or apply for the plates. If the surviving spouse remarries, the surviving spouse shall surrender the plates to the county treasurer in exchange for regular registration plates within 30 days after the date on the marriage certificate. Ex–prisoner of war plates may not be reissued once this event occurs.

ITEM 8. Amend rule 761—401.25(321), introductory paragraph, as follows:

761—401.25(321) U.S. armed forces retired plates. Application for special plates with a United States armed forces retired processed emblem shall be submitted to the department on a form prescribed by the department. A person is considered to be retired if the person is recognized by the United States armed forces as retired from the United States armed forces. To verify retirement from the United States armed forces after service of 20 years or longer, or to verify service for a minimum of 10 years and receipt of an honorable discharge from service due to a medical disqualification, the applicant shall attach a copy of one of the following:

ITEM 9. Amend 761—Chapter 411, implementation clause, as follows:

These rules are intended to implement Iowa Code chapter 321L and 1997 Iowa Acts, Senate File 177, section 5, House File 688, and House File 692.

ITEM 10. Amend rule 761—415.2(321) as follows:

761—415.2(321) Adoption. The department adopts the Driver’s Privacy Protection Act of 1994 (18 U.S.C. § 2721 et seq.) as amended through calendar year 2000 (P.L. 106–346) for certificates of title, registration receipts and registration renewal receipts.

ITEM 11. Amend rule 761—415.3(321) by rescinding the definitions of “Act” and “driver’s license” and by adopting the following new definitions:

“Driver’s license” is defined in Iowa Code section 321.1.

“Driver’s Privacy Protection Act” or “Act” means the Act adopted in rule 761—415.2(321).

ITEM 12. Rescind rule 761—415.4(321) and adopt in lieu thereof the following new rule:

761—415.4(321) Requirements and procedures. Notwithstanding Iowa Code chapter 22 and 761—Chapter 4, the following procedures implement the Driver’s Privacy Protection Act and Iowa Code section 321.11 as they pertain to records relating to certificates of title, registration receipts and registration renewal receipts. The department does not provide the waiver procedure described in the Act (codified as § 2721(d)).

415.4(1) The department or the county treasurer may require a person or entity that requests personal information about a vehicle owner to:

a. Submit the request in writing.

b. Provide proof of identity and authority to secure access to the information.

c. Sign a certified statement, affidavit or contract listing the specific reasons justifying access to the information and provide any proof necessary to establish relevant facts.

415.4(2) Form 411069, “Privacy Act Agreement for Request of Motor Vehicle Record(s),” must be completed by an applicant and approved by the department before the department may disclose personal information to the applicant without the express written consent of the vehicle owner to whom such information applies. On the form, the applicant shall indicate the provision of law that allows the release of personal information to that applicant. For the purpose of this subrule, “applicant” means a person who is not an authorized employee of the department or a county treasurer.

415.4(3) Personal information may be disclosed with the express written consent of the vehicle owner to whom such information applies. To obtain this consent, a requester may complete Form 411213, “Request for Release of Personal Information,” and submit the form to the department. The department shall forward a copy of the completed form to the vehicle owner to obtain the owner’s express written consent. If the form is returned signed by the owner approving the release of the owner’s personal information, the department will release the information to the requester.

415.4(4) The department shall not release any personal information regarding a motor vehicle record if the request is made by plate number or validation sticker number, except as provided in Iowa Code section 321.11.

ITEM 13. Amend subrule 424.1(1) as follows:

424.1(1) Information. Information and blank forms relating to this chapter may be obtained from and completed forms shall be submitted to the Dealer’s License Section, Office of Vehicle Registration Services, Iowa Department of Transportation, P.O. Box 9278, Des Moines, Iowa 50306– 9278, or at its location in Park Fair Mall, 100 Euclid Ave., Des Moines; telephone (515)237–3021.

ITEM 14. Amend subrule 424.1(2), definition of “operating authority,” as follows:

“Operating authority” means the authority issued by the department or the Interstate Commerce Commission Federal Motor Carrier Safety Administration under Iowa Code chapter 325, 327 325A or 327B that is required for the delivery of a vehicle for compensation.

ITEM 15. Amend rule 761—425.3(322), definition of “designated location,” as follows:

“Designated location” means a building actually occupied where the public and the department may contact the owner or operator during regular business hours. In lieu of a building, a travel trailer dealer may use a manufactured or mobile home as an office if taxes are current or a travel trailer as an office if registration fees are current.

ITEM 16. Amend paragraph 425.10(2)“d” as follows:

d. If the bond is canceled, the office of vehicle services shall notify the dealer by certified first–class mail that the dealer’s license shall be revoked on the same date that the bond is canceled unless the bond is reinstated or a new bond is filed.

ITEM 17. Amend paragraph 425.12(3)“b” as follows:

b. Of a minimum size.

(1) For display of motorcycles and motorized bicycles, the minimum size of the display facility is 3 meters by 4.6 meters (10 feet by 15 feet).

(2) For display of other motor vehicles, the minimum size of the display facility is 5.5 meters by 9.1 meters (18 feet by 30 feet).

ITEM 18. Amend paragraph 425.12(4)“e” as follows:

e. Is of a minimum size.

(1) The minimum size facility for motorcycles and motorized bicycles is an unobstructed rectangular area measuring 3 meters by 4.6 meters (10 feet by 15 feet).

(2) The minimum size facility for other types of motor vehicles is an unobstructed rectangular area measuring 4.3 meters by 7.3 meters (14 feet by 24 feet).

ITEM 19. Amend rule 761—425.17(322) as follows:

761—425.17(322) Extension lot license. Extension lots of motor vehicle and travel trailer dealers must be licensed. Application shall be made on Form 417059 417072, “Application for Dealer’s Extension Lot License.”

This rule is intended to implement Iowa Code sections 322.1 to 322.15 and 322C.1 to 322C.6.

ITEM 20. Amend subrules 425.26(1), 425.26(2) and 425.26(4) as follows:

425.26(1) Definitions. As used in this rule:

“Display without permit” means the motor vehicle or travel trailer dealer may provide staff for security and for explaining or describing the design, features, performance, options and models of the vehicles being shown having new motor vehicles or new travel trailers available for public viewing at fairs, vehicle shows or vehicle exhibitions. The dealer may also post, display or provide product information through literature or other descriptive media. However, the product information shall not include prices, except for the manufacturer’s sticker price. “Display” does not mean offering new vehicles for sale or negotiating sales of new vehicles.

“Fair” means a county fair or a scheduled gathering for a predetermined period of time at a specific location for the exhibition, display or sale of various wares, products, equipment, produce or livestock, but not solely new vehicles, and sponsored by a person other than a single dealer.

“Offer” new vehicles “for sale,” “negotiate sales” of new vehicles, or similar wording, means doing any of the following at a fair, show or exhibition: posting prices in addition to the manufacturer’s sticker price, discussing prices or trade–ins, arranging for payments or financing, and initiating contracts.

“Vehicle exhibition” means a scheduled event conducted at a specific location where various types, makes or models of new vehicles are displayed either at the same time or consecutively in time, and sponsored by a person other than a single dealer.

“Vehicle show” means a scheduled event conducted for a predetermined period of time at a specific location for the purpose of displaying at the same time various types, makes or models of new vehicles, which may be in conjunction with other events or displays, and sponsored by a person other than a single dealer.

425.26(2) Permits for motor vehicle dealers.

b. A “full” fair, show or exhibition permit allows a motor vehicle dealer to display and offer new motor vehicles for sale and negotiate sales of new motor vehicles at a specified county or district fair, vehicle show or vehicle exhibition that is held in the same county as the motor vehicle dealer’s principal place of business. EXCEPTION: A motor vehicle dealer who is licensed to sell motor homes may be issued a permit to offer for sale Class “A” and Class “C” motor homes at a specified fair, show or exhibition in any Iowa county. A “full” fair, show or exhibition permit is not valid on Sundays.

a. (1) Permits will be issued to motor vehicle dealers only for county fairs, vehicle shows or vehicle exhibitions where more than one motor vehicle dealer may participate.

b. (2) The permit period is the duration of the event, not to exceed 14 days. The permit is not valid on Sundays. Only one permit may be issued to each motor vehicle dealer for an event.

c. (3) The A permit is limited to the line makes for which the motor vehicle dealer is licensed in Iowa.

425.26(4) Permits for travel trailer dealers. A fair, show or exhibition permit allows a travel trailer dealer to display and offer new travel trailers for sale and negotiate sales of new travel trailers at a specified fair, vehicle show, or vehicle exhibition in any Iowa county.

a. The permit period is the duration of the event, not to exceed 14 days. The permit is valid on Sundays.

b. The permit is limited to the line makes for which the travel trailer dealer is licensed in Iowa.

ITEM 21. Rescind subrule 425.26(8).

ITEM 22. Amend paragraph 425.70(2)“b” as follows:

b. Licensed manufactured or mobile home dealers retailers. The plates shall display the word “trailer.”

ITEM 23. Amend subrule 425.72(2), introductory paragraph, as follows:

425.72(2) The dealer shall complete the permit, form Form 417051. The information to be filled out includes, but is not limited to, the following:

ITEM 24. Amend subrule 431.2(1) as follows:

431.2(1) Licensing information. Information concerning vehicle recycler requirements may be obtained from the Office of Vehicle Registration Services, Iowa Department of Transportation, P.O. Box 9278, Des Moines, Iowa 50306– 9278, or at its location in Park Fair Mall, 100 Euclid Ave., Des Moines; telephone (515)237–3021.

ITEM 25. Rescind and reserve rule 761—450.1(321).

ITEM 26. Amend rule 761—450.6(321), introductory paragraph, as follows:

761—450.6(321) Safety requirements for the movement of implements of husbandry by retail sellers and man– ufacturers on a roadway. The following standards are minimum safety requirements for the movement of implements of husbandry by the retail seller between the retail seller and a farm purchaser, or the movement of indivisible implements of husbandry by the manufacturer or retail seller between the place of manufacture and a retail seller or farm purchaser on a roadway.

ITEM 27. Amend subrule 450.7(2) as follows:

450.7(2) Standard of transparency. “Excessively dark or reflective” means that the windshield, front side window or front sidewing does not meet the minimum standard of transparency established in 49 CFR 571.205(ANS Z–26.1–1977 and Z–26.Ia–1980) adopted in rule 450.1(321). The federal regulation establishes a minimum standard of transparency requiring of 70 percent light transmittance.

ITEM 28. Amend subrule 450.7(3), paragraphs “b” and “c,” as follows:

b. A passenger or operator of a motor vehicle who for medical reasons requires a front windshield, a front side window or a front sidewing with less than 70 percent but not less than 35 percent light transmittance may obtain a form Form 432020 to be signed by the person’s physician and carried at all times in the vehicle to which the exemption applies. Form 432020 is available from the office of vehicle registration at the address in paragraph 450.1(7)“b.” services.

c. “Physician” as used in this rule means a person licensed under Iowa Code chapter 148, 150, 150A, 151 or 154.

ITEM 29. Amend rule 761—451.2(321) as follows:

451.2(1) Definitions.

“Ambulance” is defined in Iowa Code section 321.1.

“Disaster vehicle” or “rescue Rescue vehicle” is a vehicle used to extricate or assist persons in dangerous situations involving their bodily welfare, or a vehicle used by a person to supervise such operation.

“Privately owned vehicle” is a vehicle that is not owned by a federal, state, county or city government.

451.2(2) Application. Application for a certificate which designates a privately owned ambulance or a fire, rescue or disaster vehicle as an authorized emergency vehicle shall be submitted on Form 411025 to the office of vehicle services at the address in rule 451.1(321). Iowa Code section 321.451 lists the types of privately owned vehicles that may be issued a certificate of designation and the requirements for designation. The application shall include the name and occupation of the owner of the vehicle, vehicle identification information, a description of how the vehicle is equipped, a description of how the vehicle will be used when the red light is flashing, and a picture showing a side view of the vehicle. A certificate of designation may be given for a vehicle owned by the following:

This rule is intended to implement Iowa Code section 321.451.

Pursuant to the authority of Iowa Code sections 307.10 and 307.12, the Department of Transportation hereby gives Notice of Intended Action to amend Chapter 421, “Mobile Home Dealers, Manufacturers and Distributors,” Iowa Administrative Code.

This chapter is being amended to correct outdated language. 2001 Iowa Acts, chapter 153, amended several Iowa Code sections by modifying references to mobile homes to include manufactured homes. Also, manufactured or mobile home “dealers” are now termed “retailers.”

“Certified mail” is being changed to “first–class mail” in accordance with 2001 Iowa Acts, chapter 32, section 41.

“Manufacturer’s statement of origin” is being changed to “manufacturer’s certificate of origin” and “year model” is being changed to “model year” to be consistent with other rules of the Department.

The amount of the surety bond is being corrected to agree with Iowa Code section 322B.3.

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 presentation.

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

5. Be received by the Director’s Staff Division no later than May 7, 2002.

A meeting to hear requested oral presentations is scheduled for Thursday, May 9, 2002, at 10 a.m. in the DOT conference room at Park Fair Mall, 100 Euclid Avenue, Des Moines, Iowa.

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

These amendments are intended to implement Iowa Code chapter 322B.

The following amendments are proposed.

Amend 761—Chapter 421 as follows:

CHAPTER 421
MANUFACTURED OR MOBILE HOME
DEALERS RETAILERS, MANUFACTURERS
AND DISTRIBUTORS

761—421.1(322B) Definitions. The definitions in Iowa Code section 322B.2 are made part of this chapter. and in In addition, the following words and phrases when used in this chapter shall have these meanings respectively ascribed to them, except when the context otherwise requires.

421.1(1) “Certificate of title” means a document issued by the appropriate official which contains a statement of the owner’s title, the name and address of the owner, a description of the vehicle, a statement of all security interests and additional information required under the laws or rules of the jurisdiction in which the document was issued, and which is recognized as a matter of law as a document evidencing ownership of the vehicle described. The terms “title certificate,” “title only” and “title” shall be are synonymous with the term “certificate of title.”

421.1(2) “Manufacturer’s statement certificate of origin” means a certification signed by the manufacturer or importer that the manufactured or mobile home described has been transferred to the person or dealer retailer named and that the transfer is the first transfer of the manufactured or mobile home in ordinary trade and commerce. The description shall include the make, year model year, vehicle identification number and other information which may be required by statute or rule. The term terms “manufacturer’s certificate statement,” “importer’s statement or certificate,” “MSO” and “MCO” shall be are synonymous with the term “manufacturer’s statement certificate of origin.”

421.1(3) “Year model Model year” means the year of original manufacture of the mobile home or the model year as certified by the manufacturer. The year model of a specially constructed or reconstructed mobile home shall be the year that the mobile home was first registered as a specially constructed or reconstructed vehicle.

This rule is intended to implement Iowa Code section 322B.2.

421.2(1) Licensing information. Information concerning license requirements may be obtained from the Office of Vehicle Registration Services, Iowa Department of Transportation, P.O. Box 9278, Des Moines, Iowa 50306–9278, or at its location in Park Fair Mall, 100 Euclid Ave. Avenue, Des Moines; telephone (515)237–3021.

421.2(2) Dealer’s Surety bond. The applicant shall obtain a surety bond in the amount of $25,000 $50,000. The original bond shall be filed with the department. The bond shall provide for a 30–day notice to the department, prior to cancellation. The department shall notify the bonding company of any convictions of the principal for violation of the dealer laws or Iowa Code chapter 321 or chapter 322B or these rules. The department shall notify the dealer retailer by certified first–class mail that the dealer’s retailer’s license shall be revoked the same date the bond is canceled unless the bond is reinstated or a new bond is filed.

421.2(3) Place of business. The applicant shall maintain a place of business at a designated location. If the principal place of business is not owned by the applicant, a valid lease agreement shall be obtained for a minimum of six months. If a mobile home or A travel trailer is may be used as an office if it shall be is currently registered. A manufactured or mobile home may be used as an office if its taxes are current. The place of business shall include telephone service and an office area in which are kept the business records, manufacturer’s statements certificates of origin, certificates of title or other evidence of ownership of each manufactured or mobile home offered for sale.

421.2(4) Separate place of business. A separate dealer’s retailer’s license shall be obtained in each county in which the applicant maintains a place of business.

This rule is intended to implement Iowa Code section 322B.3.

761—421.3(322B) Supplemental statements. A manufactured or mobile home dealer retailer shall file with the department a written statement upon change of name, location of the dealer’s retailer’s place of business or method or style of doing business. The written statement shall be filed within 15 ten days of the change with a fee of $35 in payment of a new license reflecting the change.

This rule is intended to implement Iowa Code section 322B.3.

421.4(1) Prohibited acts are listed in Iowa Code sections 321.104 and 322B.6.

421.4(2) Operation under distinct name. A manufactured or mobile home dealer retailer shall not represent or advertise the business under any name other than the name that appears on the dealer’s retailer’s license.

This rule is intended to implement Iowa Code sections 321.104, 322B.6, 322B.7 and 322B.8.

761—421.5(322B) Dealer plates. Mobile Manufactured or mobile home dealers retailers may obtain dealer plates as provided in Iowa Code sections 321.57 to 321.63. The plates shall bear the word “trailer.” See rule 761—425.70(321) for further information.

This rule is intended to implement Iowa Code section sections 321.57 to 321.63 and 322B.7.

761—421.6(321,322B) Sale or transfer of manufactured or mobile homes. The following criteria shall apply to the sale or transfer of manufactured or mobile homes.

421.6(1) Dealer Retailer sales.

a. A manufactured or mobile home owned by a dealer retailer shall not be offered for sale unless the dealer retailer has a properly assigned manufacturer’s statement certificate of origin or a certificate of title for it. A dealer retailer shall not sell a manufactured or mobile home owned by the dealer retailer without delivering to the transferee a manufacturer’s statement certificate of origin or a certificate of title duly assigned to the transferee.

b. A used manufactured or mobile home with an Iowa title assigned to the dealer retailer shall not be reassigned by the dealer retailer. The dealer After acquiring the used home, the retailer shall within 15 days after acquiring the used mobile home obtain a new certificate of title within the time period specified in Iowa Code subsection 321.45(4), and a title fee shall not be charged a title fee.

421.6(2) Transfers. A manufactured or mobile home not owned by a dealer retailer may be offered for sale and sold by a dealer retailer under the following conditions:

a. The manufactured or mobile home owner and dealer retailer shall enter into a written listing agreement, signed by the owner or by one owner of a manufactured or mobile home owned jointly by more than one person, and signed by the dealer retailer, which shall be dated and include the following provisions:

(1) The make, year model year, and vehicle identification number.

(2) The period of time that the agreement shall remain in force.

(3) The commission or other remuneration that the dealer retailer is entitled to receive.

(4) The price for which the manufactured or mobile home shall be sold.

(5) The name and address of the secured party, if the manufactured or mobile home is subject to a security interest.

(6) Any additional terms to which the owner(s) and dealer retailer agree.

b. If current taxes have not been paid, the taxes and penalties shall be paid from the proceeds of the sale.

c. The dealer retailer shall inform a prospective purchaser of a manufactured or mobile home that the mobile home is not owned by the dealer retailer and, if requested by a prospective purchaser, provide the name and address of the owner(s).

d. An offer to purchase a manufactured or mobile home shall be in writing.

e. The dealer retailer shall make a written disclosure to the purchaser of the description of the manufactured or mobile home; the name and address of the owner; if the mobile home is subject to a security interest, the name and address of the secured party; and, if the current taxes have not been paid, the amount of taxes and penalties due. The disclosure statement shall be signed and dated by the transferee. The disclosure statement shall be in duplicate. The original shall be given to the transferee and the duplicate retained by the dealer retailer, at the dealer’s retailer’s principal place of business, for a period of three years.

f. The documents required under 421.6(2)“a” and 421.6(2)“e” shall be made available to any peace officer of the department for inspection upon request.

This rule is intended to implement Iowa Code sections 321.45, 321.46, 321.104 and 322B.6.

761—421.7(322B) Right of inspection. Peace officers employed by the department shall have the authority to inspect manufactured or mobile homes, business records, manufacturer’s statements certificates of origin, certificates of title or other evidence of ownership of each manufactured or mobile home offered for sale.

This rule is intended to implement Iowa Code section 322B.7.

761—421.8(322B) Criteria for obtaining a manufactured or mobile home manufacturer’s, or distributor’s or representative’s license. Information concerning license requirements may be obtained from the office of vehicle registration services at the address in subrule 421.2(1).

421.8(1) Notification. Mobile Manufactured or mobile home manufacturers and distributors shall, within ten days of the fact, notify the department in writing of:

a. Any change in the name, method of doing business or change in the location of the place of business as shown on the license, with a fee of $35 in payment of a new license reflecting the change.

c b. Issuance of a franchise or contract with a person in this state to sell new manufactured or mobile homes at retail.

d c. Any change in the trade names of manufactured or mobile homes being manufactured for delivery in this state.

421.8(2) Required acts. Mobile Manufactured or mobile home manufacturers and distributors shall furnish sample manufacturer’s statements certificates of origin to the department for each make of manufactured or mobile home assembled by the manufacturer for delivery in this state.

This rule is intended to implement Iowa Code section 322B.4.

Pursuant to the authority of Iowa Code sections 307.10 and 307.12, the Department of Transportation hereby gives Notice of Intended Action to amend Chapter 600, “General Information,” Chapter 601, “Application for License,” Chapter 602, “Classes of Driver’s Licenses,” Chapter 605, “License Issuance,” Chapter 607, “Commercial Driver Licensing,” Chapter 610, “Computerized Driver License Rec–ords,” Chapter 611, “Driver’s Privacy Protection—Driver’s License and Nonoperator’s Identification Card,” Chapter 615, “Sanctions,” Chapter 620, “OWI and Implied Consent,” Chapter 630, “Nonoperator’s Identification,” Chapter 640, “Financial Responsibility,” and Chapter 641, “Financial Liability Coverage Cards,” Iowa Administrative Code.

These amendments make technical corrections that have been identified as appropriate pursuant to Executive Order Number 8.

Item 6 amends subrule 601.1(3). The purpose of the amendment is to correct this subrule in accordance with State of Iowa vs. Richard Duane Vargason, 607 N.W. 2d 691 (Iowa 2000), and Iowa Code chapter 321C.

Item 7 amends subrules 601.5(1) and 601.5(2). Subrule 601.5(1) is being amended to state that documents verifying an applicant’s social security number must be issued in the United States. Subrule 601.5(2) is being amended to state that primary and secondary documents verifying an applicant’s age and identify must be issued in the United States unless otherwise specified, and to add as a primary document an Offender Snapshot issued by the Iowa Department of Corrections. Other changes in both subrules clarify certain items that are listed.

Item 21 amends the definition of “state” in rule 761— 607.3(321) to include a Mexican state, as the word “state” is used in three Iowa Code sections cited in the rule.

Item 22 amends rule 761—607.10(321) by updating a citation to the Code of Federal Regulations and adding the Internet address where the regulations can be reviewed.

Item 23 amends paragraph 607.20(2)“c,” which pertains to the knowledge test for a commercial driver’s instruction permit, to specify that the applicant must pass the general knowledge test for a commercial driver’s license. The current subrule erroneously states that the applicant must pass the knowledge examination for a Class D license.

Item 24 amends rule 761—607.35(321) to agree with Iowa Code section 321.189.

Item 25 amends subrule 607.49(1) by updating a reference to a federal regulation.

Items 26 and 27 amend 761—Chapter 610, which pertains to release of computerized driver’s license records. This chapter is being amended to add nonoperator’s identification card records, to make the chapter clearer, and to reflect how Iowa Code section 321.11 and the federal Driver’s Privacy Protection Act impact requests for these records.

Items 28 to 30 amend 761—Chapter 611, which applies to personal information in records pertaining to driver’s licenses and nonoperator’s identification cards. This chapter is being amended to remove or update provisions that are incorrect and to add a form. The current rules are incorrectly based on the premise that personal information in a motor vehicle record is confidential only if the individual who is the subject of the record requests confidentiality. Amendments to both Iowa Code section 321.11 and the federal Driver’s Privacy Protection Act changed this premise. Now, personal information is confidential and may be released only as specified in these statutes.

Item 34 clarifies subrule 615.23(1) regarding suspensions for juveniles under Iowa Code section 321.213A.

Item 40 amends rule 761—620.15(321J) by striking language which is obsolete.

Item 42 amends paragraph 640.5(2)“b” to clarify that a certificate of satisfaction or receipt used to prove satisfaction of a judgment is issued by the clerk of court.

Item 43 amends subrules 641.3(1) and 641.3(2) pertaining to financial liability coverage cards to agree with Iowa Code section 321.20B.

Other items in this rule making update Iowa Acts citations and correct citations to the Iowa Code.

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 presentation.

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

5. Be received by the Director’s Staff Division no later than May 7, 2002.

A meeting to hear requested oral presentations is scheduled for Thursday, May 9, 2002, at 10 a.m. in the DOT Conference Room at Park Fair Mall, 100 Euclid Avenue, Des Moines, Iowa.

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

These amendments are intended to implement Iowa Code chapter 321.

Proposed rule–making actions:

ITEM 1. Amend rule 761—600.1(321), definition of “license,” as follows:

“License” means “driver’s license” as defined in 1998 Iowa Acts, chapter 1073, section 2, Iowa Code subsection 321.1(20A) unless the context otherwise requires.

ITEM 2. Amend subrule 600.4(9) and rule 761— 600.4(321), implementation clause, as follows:

600.4(9) The department shall not knowingly issue a license to a person who is the named individual on a certificate of noncompliance that has been received from the college student aid commission, until the department receives a withdrawal of the certificate of noncompliance or unless an application has been filed pursuant to 1998 Iowa Acts, chapter 1081, section 7 Iowa Code section 261.127.

This rule is intended to implement Iowa Code sections 252J.8, 252J.9, 261.126, 261.127, 321.13, 321.177, 321.210, and 321.212 and 1998 Iowa Acts, chapter 1081, sections 6 and 7.

ITEM 3. Amend rule 761—600.12(321), implementation clause, as follows:

This rule is intended to implement Iowa Code sections 321.178, 321.180B and 321.189 and 1998 Iowa Acts, chapter 1112, section 5.

ITEM 4. Amend rule 761—600.13(321), implementation clause, as follows:

This rule is intended to implement Iowa Code section sections 321.178 as amended by 1998 Iowa Acts, chapter 1112, section 2, and 1998 Iowa Acts, chapter 1112, section 5 and 321.180B.

ITEM 5. Amend rule 761—600.14(321), implementation clause, as follows:

This rule is intended to implement Iowa Code section sections 321.178, as amended by 1998 Iowa Acts, chapter 1112, section 2, 321.180B and section 321.189 and 1998 Iowa Acts, chapter 1112, section 5.

ITEM 6. Amend subrule 601.1(3) and rule 761— 601.1(321), implementation clause, as follows:

601.1(3) Out–of–state verification. If a person is licensed in another licensing jurisdiction but does not have a current out–of–state license to surrender or has been subject to an out–of–state suspension, revocation, disqualification, cancellation, denial, or bar within the last six years, the department may require an official letter from the out–of–state licensing agency before issuing a license. The official letter must verify that the person is eligible for licensing in that jurisdiction or would be eligible for licensing if future proof of financial responsibility were filed the person’s driving rec–ord to assist the department in determining whether it is safe to grant the person a license.

This rule is intended to implement Iowa Code sections 321.182, and 321.196 and 321C.1, Article V.

ITEM 7. Amend subrules 601.5(1) and 601.5(2) as follows:

601.5(1) Social security number verification. One or more of the following documents may be accepted as verification of the an applicant’s social security number: . The documents must be issued in the United States.

a. Social security card issued by the Social Security Administration. A metal version of the card is not acceptable.

b. No change.

c. Document issued by the Internal Revenue Service or a state tax form agency. Form W–2 is and tax forms completed by the taxpayer are not acceptable.

d. to f. No change.

601.5(2) Proof of age and identity. An applicant shall submit one primary document and one secondary document from the following lists as proof of age and identity: . The documents must be issued in the United States unless otherwise specified.

a. Acceptable primary documents include:

(1) to (5) No change.

(6) Military identification card. This does not include a military dependent identification card.

(7) and (8) No change.

(9) Inmate Descriptor Inquiry, or Client Information Inquiry or Offender Snapshot document issued by the Iowa department of corrections. The document must contain the full name and date of birth and be notarized.

b. Acceptable secondary documents include:

(1) to (3) No change.

(4) Court order that does not contain the applicant’s date of birth but does contain the full name.

(5) to (9) No change.

(10) Document issued by the Internal Revenue Service or a state tax form agency. Form W–2 is and tax forms completed by the taxpayer are not acceptable.

(11) No change.

(12) Medical records from a doctor or hospital, original or authenticated.

(13) to (15) No change.

(16) Social security card issued by the Social Security Administration. A metal version of the card is not acceptable.

(17) Social insurance card issued by the Canadian government (Canadian residents only).

(18) to (23) No change.

c. No change.

ITEM 8. Amend subrule 602.1(2), restriction numbers “1” and “2,” as follows:

1—Motorcycle instruction permit—includes motorcycle instruction permits issued under Iowa Code subsection subsections 321.180(1) and 1998 Iowa Acts, chapter 1112, section 5, subsection 1 321.180B(1)

2—Noncommercial instruction permit (vehicle less than 16,001 gross vehicle weight rating)—includes instruction permits, other than motorcycle instruction permits, issued under Iowa Code subsection 321.180(1) and section 321.180A and 1998 Iowa Acts, chapter 1112, section 5, subsection 1 subsection 321.180B(1)

ITEM 9. Amend rule 761—602.1(321), implementation clause, as follows:

This rule is intended to implement Iowa Code sections 321.178, 321.180, 321.180A, 321.180B, 321.189, and 321.194 and 1998 Iowa Acts, chapter 1112, section 5.

ITEM 10. Amend subrule 602.2(3), introductory paragraph, as follows:

602.2(3) Waiver of accompanying driver for intermediate licensee. Form 431170 is the waiver described in 1998 Iowa Acts, chapter 1112, section 5 Iowa Code subsection 321.180B(2). This form allows an intermediate licensee to drive unaccompanied between the hours of 12:30 a.m. and 5 a.m. and must be in the licensee’s possession when the licensee is driving during the hours to which the waiver applies.

ITEM 11. Amend rule 761—602.2(321), implementation clause, as follows:

This rule is intended to implement Iowa Code sections 321.8, 321.178, 321.180B, 321.184, 321.189, and 321.194 and 1998 Iowa Acts, chapter 1112, section 5.

ITEM 12. Amend subrule 602.4(2) and rule 761— 602.4(321), implementation clause, as follows:

602.4(2) A “member of the permittee’s immediate family” as used in 1998 Iowa Acts, chapter 1112, section 5 Iowa Code section 321.180B, subsections 1 and 2, means a brother, sister or other relative of the permittee who resides at the permittee’s residence.

This rule is intended to implement Iowa Code section sections 321.180 and 1998 Iowa Acts, chapter 1112, section 5 321.180B.

ITEM 13. Amend subrule 602.11(2) and rule 761— 602.11(321), implementation clause, as follows:

602.11(2) Requirements.

a. An applicant shall be at least 16 years of age.

b. Except as otherwise provided in Iowa Code subsection 321.178(3), an applicant under 18 years of age must meet the requirements of 1998 Iowa Acts, chapter 1112, section 5, Iowa Code section 321.180B and submit proof of successful completion of an Iowa–approved course in driver education.

This rule is intended to implement Iowa Code sections 321.177, 321.178, 321.180B, 321.189, and 321.196 and 1998 Iowa Acts, chapter 1112, section 5.

ITEM 14. Amend subrule 602.13(2) and rule 761— 602.13(321), implementation clause, as follows:

602.13(2) Requirements.

a. An applicant shall be at least 16 years of age.

b. Except as otherwise provided in Iowa Code subsection 321.178(3), an applicant under 18 years of age must meet the requirements of 1998 Iowa Acts, chapter 1112, section 5, Iowa Code section 321.180B and submit proof of successful completion of an Iowa–approved course in driver education.

c. An applicant under 18 years of age must submit proof of successful completion of an Iowa–approved course in motorcycle rider education.

This rule is intended to implement Iowa Code sections 321.177, 321.178, 321.180B, 321.189 and 321.196 and 1998 Iowa Acts, chapter 1112, section 5.

ITEM 15. Amend rule 761—602.18(321) as follows:

761—602.18(321) Motorcycle instruction permit. This rule describes a motorcycle instruction permit issued under Iowa Code subsection 321.180(1) or 1998 Iowa Acts, chapter 1112, section 5, subsection 1 321.180B(1).

602.18(1) Validity and issuance.

a. The motorcycle instruction permit is a permit that is added to another license.

b. The permit is valid for operating a motorcycle when the permittee is accompanied by a person specified in Iowa Code subsection 321.180(1) or 1998 Iowa Acts, chapter 1112, section 5, subsection 1 321.180B(1), as applicable to the age of the permittee.

c. The permit is not valid for operating a motorized bicycle.

d. The permit is issued for two years and is not renewable.

602.18(2) Requirement. An applicant shall be at least 14 years of age.

This rule is intended to implement Iowa Code sections 321.177, and 321.180 and 1998 Iowa Acts, chapter 1112, section 5 321.180B.

ITEM 16. Amend rule 761—602.19(321) as follows:

761—602.19(321) Noncommercial instruction permit. This rule describes a noncommercial instruction permit, other than a motorcycle instruction permit, issued under Iowa Code subsection 321.180(1) or 1998 Iowa Acts, chapter 1112, section 5, subsection 1 321.180B(1).

602.19(1) Validity and issuance.

a. The permit is a restricted, noncommercial Class C license.

b. The permit is valid for operating a motor vehicle that may be legally operated under a noncommercial Class C license when the permittee is accompanied by a person specified in Iowa Code subsection 321.180(1) or 1998 Iowa Acts, chapter 1112, section 5, subsection 1 321.180B(1), as applicable to the age of the permittee.

c. The permit is not valid for operating a motorized bicycle.

d. The permit is not valid as a motorcycle instruction permit.

e. The permit is issued for two years.

602.19(2) Requirement. An applicant shall be at least 14 years of age.

This rule is intended to implement Iowa Code sections 321.177, and 321.180 and 1998 Iowa Acts, chapter 1112, section 5 321.180B.

ITEM 17. Amend rule 761—602.25(321), implementation clause, as follows:

This rule is intended to implement Iowa Code sections 321.178, 321.180B, 321.189 and 321.196 and 1998 Iowa Acts, chapter 1112, section 5.

ITEM 18. Amend paragraph 602.26(1)“c” as follows:

c. The license is also valid for driving when the licensee is accompanied by a person specified in 1998 Iowa Acts, chapter 1112, section 5, subsection 1 Iowa Code subsection 321.180B(1).

ITEM 19. Amend rule 761—602.26(321), implementation clause, as follows:

This rule is intended to implement Iowa Code sections 321.177, 321.180B, 321.189, 321.194 as amended by 1998 Iowa Acts, chapter 1112, section 8, and 321.196 and 1998 Iowa Acts, chapter 1112, section 5.

ITEM 20. Amend rule 761—605.5(321), implementation clause, as follows:

This rule is intended to implement Iowa Code chapter 321A and sections 321.178, 321.180, 321.180B, 321.189, 321.193, 321.194, 321.215, 321J.4, and 321J.20 and 1998 Iowa Acts, chapter 1112, section 5.

ITEM 21. Amend rule 761—607.3(321), definition of “state,” as follows:

“State,” as used in “another state” in Iowa Code subsection 321.174(2), “former state of residence” in Iowa Code subsection 321.188(5), or “any state” in Iowa Code subsection 321.208(1), means one of the United States, the District of Columbia, or a Canadian province or a Mexican state unless the context means the state of Iowa.

ITEM 22. Amend rule 761—607.10(321) as follows:

607.10(1) Code of Federal Regulations. The department adopts the following portions of the Code of Federal Regulations which are referenced throughout this chapter of rules:

a. 49 CFR Section 391.11 as adopted in rule 761— 520.1(321) 761—Chapter 520.

b. 49 CFR Section 392.5 as adopted in rule 761— 520.4(321) 761—Chapter 520.

c. The following portions of 49 CFR Part 383 (October 1, 1990) (October 1, 2001):

(1) Section 383.51(b)(2), Disqualifying Offenses, and Section 383.51(b)(3)(v) pertaining to the 10–year disqualification.

(2) Subpart E—Testing and Licensing Procedures, which contains Sections 383.71–383.77.

(3) Subpart G—Required Knowledge and Skills, which contains Sections 383.110–383.121.

(4) Subpart H—Tests, which contains Sections 383.131– 383.135.

607.10(2) Obtaining copies Copies of regulations. Copies of 49 CFR Parts 200–399 and individual copies of the Federal Register may be obtained from the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402. Copies of the federal regulations may be reviewed at the state law library or through the Internet at http://www.fmcsa.dot.gov.

This rule is intended to implement Iowa Code sections 321.187, 321.188, 321.208 and 321.208A.

ITEM 23. Amend paragraph 607.20(2)“c” as follows:

c. If the applicant has a valid noncommercial Class C license, the The applicant must successfully pass the general knowledge examination test for a Class D (chauffeur’s) commercial driver’s license.

ITEM 24. Amend rule 761—607.35(321) as follows:

761—607.35(321) Issuance of commercial driver’s license. A commercial driver’s license issued by the department shall be identified by “commercial”, “commercial driver’s license” or “CDL” on the face of the license.

This rule is intended to implement Iowa Code section 321.189.

ITEM 25. Amend subrule 607.49(1) as follows:

607.49(1) Scope. This rule pertains to the issuance of restricted commercial driver’s licenses to suppliers or employees of suppliers of agricultural inputs. Issuance is permitted by the Federal Highway Administration pursuant to FHWA Docket No. MC–92–21 49 CFR 383.3(f). A restrict– ed commercial driver’s license shall meet all requirements of a regular commercial driver’s license, as set out in Iowa Code chapter 321 and this chapter of rules, except as specified in this rule.

ITEM 26. Amend 761—Chapter 610, title, as follows:

RELEASE OF COMPUTERIZED DRIVER DRIVER’S
LICENSE AND NONOPERATOR’S
IDENTIFICATION CARD RECORDS

ITEM 27. Rescind rules 761—610.1(321) to 761— 610.3(321) and adopt in lieu thereof the following new rules:

761—610.1(321) Applicability. This chapter applies to the release of computerized records of driver’s licenses and nonoperator’s identification cards.

“Driver’s Privacy Protection Act” is defined in 761— Chapter 611.

“Sanction” is defined in rule 761—615.1(321).

610.3(1) Two types of files are available for copying onto blank computer tape cartridges supplied by requesters:

a. Driver’s license master file. This file can be sorted by Iowa driver’s license number, NDL (no driver’s license) number or nonoperator’s identification card number. For each individual, the file includes the information that is on the face of the driver’s license or nonoperator’s identification card: name, address, license or card number, height, weight, gender, eye color, birth date, class of license, restrictions and endorsements. The file does not include the individual’s photograph, social security number, or medical or disability information.

b. Driver’s license suspension and revocation file. This file can be sorted by Iowa driver’s license number, NDL (no driver’s license) number or nonoperator’s identification card number. For each individual whose privilege to operate motor vehicles or to register vehicles is sanctioned, the file includes the information that is on the face of the driver’s license or nonoperator’s identification card, plus information on the sanction. The file does not include the individual’s photograph, social security number, or medical or disability information. The file is available on a bimonthly basis.

610.3(2) These files may be released only to requesters who are authorized by the Driver’s Privacy Protection Act to use the information.

610.3(3) To obtain a copy of either of these files, a requester shall submit a written request to the office of driver services. The blank cartridges needed to copy the files and the appropriate fee for copy preparation and mailing shall accompany the request. The department may require the requester to:

a. Provide proof of identity and authority to secure access to the information.

b. Sign a certified statement or affidavit listing the specific reasons justifying access to the information and provide any proof necessary to establish relevant facts.

610.3(4) Data in a file will be provided only in the sequence currently maintained by the department.

610.3(5) A requested file will be provided within a reasonable period of time but shall not be given priority over other department work.

610.3(6) No warranty is provided concerning the accuracy or completeness of the data. If a copy is unreadable due to the department’s negligence or error, the department shall provide a duplicate copy without charge.

610.4(1) In accordance with Iowa Code section 321A.3, a printed, certified driver record of an individual is available. The record includes the information that is on the face of the individual’s driver’s license, plus information on the individual’s sanctions, reportable vehicle accidents, and convictions. The certified driver record does not include the individual’s photograph, social security number, or medical or disability information.

610.4(2) To obtain a certified driver record, a requester shall submit a written request to the office of driver services. The statutory fee shall accompany the request. The request must include sufficient information to identify the individual whose record is requested.

610.4(3) Personal information protected by Iowa Code section 321.11 may be released only in the following situations:

a. The personal information was included in the request.

b. The requester is authorized by the Driver’s Privacy Protection Act to use the information. In this situation, the department may require the requester to:

(1) Provide proof of identity and authority to secure access to the information.

(2) Sign a certified statement or affidavit listing the specific reasons justifying access to the information and provide any proof necessary to establish relevant facts.

c. The requester demonstrates to the department that the requester has obtained the express written consent of the individual to whom the personal information pertains. See 761—Chapter 611 for requirements regarding express written consent.

d. The requester is the individual to whom the personal information pertains. The department shall require the requester to provide proof of identity.

ITEM 28. Amend rule 761—611.2(321) as follows:

761—611.2(321) Adoption. The department adopts the Driver’s Privacy Protection Act of 1994 (18 U.S.C. § 2721 et seq.) as amended through calendar year 2000 (P.L. 106–346) for driver’s license records and nonoperator’s identification card records.

ITEM 29. Amend rule 761—611.3(321) by rescinding the definitions of “Act” and “driver’s license” and by adopting the following new definitions in alphabetical order:

“Driver’s license” is defined in Iowa Code section 321.1.

“Driver’s Privacy Protection Act” or “Act” means the Act adopted in rule 761—611.2(321).

ITEM 30. Rescind rule 761—611.4(321) and adopt in lieu thereof the following new rule:

761—611.4(321) Requirements and procedures. Not–withstanding Iowa Code chapter 22 and 761—Chapter 4, the following procedures implement the Driver’s Privacy Protection Act and Iowa Code section 321.11 as they pertain to driver’s license records and nonoperator’s identification card records. The department does not provide the waiver procedure described in the Driver’s Privacy Protection Act (codified as Sec. 2721(d)).

611.4(1) The department may require a person who requests personal information about an individual to:

a. Submit the request in writing.

b. Provide proof of identity and authority to secure access to the information.

c. Sign a certified statement or affidavit listing the specific reasons justifying access to the information and provide any proof necessary to establish relevant facts.

611.4(2) Form 411069, “Privacy Act Agreement for Request of Motor Vehicle Record(s),” must be completed by an applicant and approved by the department before the department may disclose personal information to the applicant without the express written consent of the individual to whom such information applies. On the form, the applicant shall indicate the provision of law that allows the release of personal information to that applicant. For the purpose of this subrule, “applicant” means a person who is not an authorized employee of the department.

611.4(3) An individual’s signature on the document providing express written consent allowing disclosure of the individual’s personal information to another person must be notarized.

ITEM 31. Amend rule 761—615.1(321), definitions of “accident free” and “conviction free,” as follows:

“Accident free” as used in 1998 Iowa Acts, chapter 1112, section 5, Iowa Code section 321.180B means the driver has not been involved in a contributive accident. “Involvement in a motor vehicle accident” as used in 1998 Iowa Acts, chapter 1112, section 5, Iowa Code section 321.180B means involvement in a contributive accident.

“Conviction free” as used in 1998 Iowa Acts, chapter 1112, section 5, Iowa Code section 321.180B means the driver has not been convicted of a moving violation.

ITEM 32. Amend rule 761—615.19(321) as follows:

761—615.19(321) Suspension for a charge of vehicular homicide. In accordance with 1998 Iowa Acts, chapter 1088, section 1 Iowa Code section 321.210D, the department shall suspend a person’s license when the department receives notice from the clerk of the district court that an indictment or information has been filed charging the person with homicide by vehicle under Iowa Code section 707.6A, subsection 1 or 2. The suspension shall begin ten days after the department’s suspension notice is issued.

This rule is intended to implement 1998 Iowa Acts, chapter 1088, section 1 Iowa Code section 321.210D.

ITEM 33. Amend rule 761—615.20(321) as follows:

761—615.20(321) Suspension for moving violation during probation. The department may suspend the license of a person convicted of a moving violation pursuant to 1998 Iowa Acts, chapter 1112, section 10 Iowa Code section 321.210C. The suspension period shall not exceed one year.

This rule is intended to implement 1998 Iowa Acts, chapter 1112, section 10 Iowa Code section 321.210C.

ITEM 34. Amend rule 761—615.23(321) as follows:

615.23(1) Suspension for juveniles adjudicated delinquent for certain drug or alcohol offenses.

a. No change.

b. A The department may issue to a person suspended under this subrule for a violation of Iowa Code section 123.46 or 123.47 may be issued a temporary restricted license in accordance with rule 761—615.45(321) if issuance is permitted under Iowa Code section 321.215 and the person is otherwise eligible for the license. To obtain a temporary restricted license that is valid for educational purposes, the applicant must meet the requirements for issuance of a minor’s school license under Iowa Code section 321.194 and rule 761—602.26(321).

615.23(2) Suspension for juvenile’s failure to attend school.

a. to d. No change.

e. The department may issue to the person may be issued a temporary restricted license in accordance with rule 761—615.45(321) if the person is employed at least 20 hours per week and is otherwise eligible for the license.

This rule is intended to implement Iowa Code sec–tions 232.52(2)“a”(4), 299.1A, 299.1B, 321.213, 321.213A, 321.213B, and 321.215.

ITEM 35. Amend paragraph 615.24(2)“d” and rule 761—615.24(252J,261), implementation clause, as follows:

d. The filing of an application pursuant to 1998 Iowa Acts, chapter 1081, section 7, Iowa Code section 261.127 stays the suspension pending the outcome of the district court hearing.

This rule is intended to implement Iowa Code sections 252J.1, 252J.8, and 252J.9, and 1998 Iowa Acts, chapter 1081, sections 6 and 7 261.126 and 261.127.

ITEM 36. Amend rule 761—615.25(321), implementation clause, as follows:

This rule is intended to implement Iowa Code sections 321.177 and 321.210B and 1997 Iowa Acts, chapter 153, sections 1 and section 2.

ITEM 37. Amend rule 761—615.42(321), catchwords, as follows:

ITEM 38. Amend subrule 615.42(1) and rule 761— 615.42(321), implementation clause, as follows:

615.42(1) The department shall require remedial driver improvement action when a person holding an instruction permit or intermediate license under 1998 Iowa Acts, chapter 1112, section 5, Iowa Code section 321.180B is convicted of a moving violation or has a contributive accident.

This rule is intended to implement 1998 Iowa Acts, chapter 1112, section 5 Iowa Code section 321.180B.

ITEM 39. Amend paragraph 615.45(1)“n” as follows:

n. Who has been suspended under 1998 Iowa Acts, chapter 1112, section 5 Iowa Code subsection 321.180B(3).

ITEM 40. Amend rule 761—620.15(321J), introductory paragraph, as follows:

761—620.15(321J) Substance abuse evaluation and treatment or rehabilitation services. When the department revokes a person’s license under Iowa Code chapter 321J, the department shall also order the person to submit to substance abuse evaluation and, if recommended, treatment or rehabil–itation services. A provider of substance abuse evaluation and treatment or rehabilitation programs shall be licensed by the Iowa department of public health, division of substance abuse. A provider of a substance abuse evaluation who is not licensed by the Iowa department of public health may be granted provisional authority by the Iowa department of public health to conduct a substance abuse evaluation required under Iowa Code chapter 321J. To obtain provisional authority, the provider must apply for a license to the Iowa department of public health accompanied by a recommendation from the district court having jurisdiction for the offense. Provisional authority will expire on July 1, 1998.

ITEM 41. Amend 761—Chapter 630, implementation clause, as follows:

These rules are intended to implement Iowa Code sec–tions 321.189, 321.190, 321.195, 321.216, 321.216A, and 321.216B and 321.216C.

ITEM 42. Amend paragraph 640.5(2)“b” as follows:

b. Satisfaction of judgment. The judgment suspension will be terminated when the debtor obtains from the clerk of court a certificate of satisfaction or receipt for payment of the judgment and presents such evidence of satisfaction the certificate or receipt to the department and files proof of financial responsibility.

ITEM 43. Amend subrules 641.3(1) and 641.3(2) as follows:

641.3(1) A financial liability coverage card issued by an insurance company for a motor vehicle that is not insured as a part of a fleet shall contain the following information:

a. Either one of the following:

(1) Name, and address and telephone number of insurer.

(2) Name of insurer and name, and address and telephone number of insurance agency.

b. to h. No change.

641.3(2) An insurance company shall issue a financial liability coverage card for each motor vehicle insured as a part of a fleet. The fleet owner shall maintain a card in each fleet vehicle. The card shall contain the following information:

a. Either one of the following:

(1) Name, and address and telephone number of insurer.

(2) Name of insurer and name, and address and telephone number of insurance agency.

b. to g. No change.

ITEM 44. Amend 761—Chapter 641, implementation clause, as follows:

These rules are intended to implement 1997 Iowa Acts, chapter 139 Iowa Code sections 321.1, 321.20B, 321A.24, 321A.25, and 321A.34.

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 April 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 April 9, 2002, setting the minimums that may be paid by Iowa depositories on public funds are listed below.

TIME DEPOSITS

7–31 days Minimum 1.30%

32–89 days Minimum 1.30%

90–179 days Minimum 1.60%

180–364 days Minimum 2.00%

One year to 397 days Minimum 2.30%

More than 397 days Minimum 3.40%

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.

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

March 1, 2001 — March 31, 2001 7.25%

April 1, 2001 — April 30, 2001 7.00%

May 1, 2001 — May 31, 2001 7.00%

June 1, 2001 — June 30, 2001 7.25%

July 1, 2001 — July 31, 2001 7.50%

August 1, 2001 — August 31, 2001 7.25%

September 1, 2001 — September 30, 2001 7.25%

October 1, 2001 — October 31, 2001 7.00%

November 1, 2001 — November 30, 2001 6.75%

December 1, 2001 — December 31, 2001 6.50%

January 1, 2002 — January 31, 2002 6.75%

February 1, 2002 — February 28, 2002 7.00%

March 1, 2002 — March 31, 2002 7.00%

April 1, 2002 — April 30, 2002 7.00%

Pursuant to the authority of Iowa Code section 455B.304, the Environmental Protection Commission hereby amends Chapter 118, “Discarded Appliance Demanufacturing,” Iowa Administrative Code.

This rule making amends recently adopted Chapter 118, which was filed on November 23, 2001, and published in the Iowa Administrative Bulletin on December 12, 2001, as ARC 1192B. The effective date of Chapter 118 was delayed until March 27, 2002, by the Administrative Rules Review Committee. Pursuant to the directive of the Administrative Rules Review Committee, the Department has continued to work with interested parties to address the concerns raised by those parties at the January 8, 2002, meeting of the Administrative Rules Review Committee. Subsequent to the filing of revised Chapter 118, an amendment to subrule 118.14(2) was Adopted and Filed Emergency and published in the February 20, 2002, Iowa Administrative Bulletin as ARC 1383B. This rule making removes restrictions placed upon businesses affected by Chapter 118.

In compliance with Iowa Code section 17A.4(2), the Department finds that notice and public participation are impractical because of the immediate need for rule changes to address the concerns expressed by interested parties before the Administrative Rules Review Committee that caused the delay of the effective date of previously adopted Chapter 118.

The Department also finds, pursuant to Iowa Code section 17A.5(2)“b”(2), that the normal effective date of these amendments should be waived and these amendments should be made effective upon filing on March 27, 2002, because the amendments remove restrictions placed upon businesses affected by Chapter 118.

These amendments are also published herein under Notice of Intended Action as ARC 1540B to allow public comment.

These amendments became effective March 27, 2002.

These amendments are intended to implement Iowa Code sections 455B.304 and 455D.6(6).

The following amendments are adopted.

ITEM 1. Amend subrule 118.2(2) as follows:

118.2(2) Exceptions.

a. Any person engaged in the demanufacture of discarded appliances and registered with the department for removal and disposal of PCBs from appliances as of January 16, 2002 March 27, 2002, may continue such activity while applying for a permit provided:

(1) The department is notified within 30 days after January 16, 2002 March 27, 2002, of the person’s intent to file a permit application; and

(2) A permit application is submitted within 90 days after January 16, 2002 March 27, 2002.

(3) If an appliance demanufacturing permit has not been obtained within one year of January 16, 2002 March 27, 2002, the appliance demanufacturer must cease appliance demanufacturing activities because of a lack of a permit.

b. Any person engaged in the demanufacture of appliances as of January 16, 2002 March 27, 2002, but not required to register because the pounds of capacitors removed is less than 200 pounds in a month or 500 pounds in a year, may continue such activity while applying for a permit provided:

(1) The department is notified within 30 days after January 16, 2002 March 27, 2002, of the person’s intent to file a permit application; and

(2) A permit application is submitted within 90 days after January 16, 2002 March 27, 2002.

(3) If an appliance demanufacturing permit has not been obtained within one year of January 16, 2002 March 27, 2002, the appliance demanufacturer must cease appliance demanufacturing activities because of a lack of a permit.

ITEM 2. Amend rule 567—118.3(455B,455D) as follows:

Amend the following definitions:

“Appliances” means devices such as refrigerators, freezers, kitchen ranges, air–conditioning units, dehumidifiers, water heaters, furnaces, thermostats, clothes washers, clothes dryers, dishwashers, microwave ovens and com–mercial coolers containing capacitors, with refrigerants,or components containing mercury refrigerants, or PCB–containing capacitors that are discarded from all sources.

“Capacitor” means a device for accumulating and holding a charge of electricity that consists of conducting surfaces separated by a dielectric fluid.

“Demanufacturing” means the removal of components from discarded appliances including, but not limited to, PCB–containing capacitors, ballasts, mercury–containing components, fluorescent tubes, and refrigerants.

“Facility” means any landfill, transfer station, material recovery facility, salvage business, appliance service or repair shop, appliance demanufacturer, shredder operation or other party which may accept appliances for demanufacturing. A demanufacturing facility may occupy a portion of a material recovery facility, salvage business, landfill, transfer station or other site.

Adopt the following new definition in alphabetical order:

“Point of demanufacturing” means the actual location of demanufacturing for fixed facilities and mobile operations.

ITEM 3. Amend subrule 118.4(4) as follows:

118.4(4) No discarded appliances may be stored for more than 180 270 days without demanufacturing.

ITEM 4. Amend rule 567—118.5(455B,455D), introductory paragraph, as follows:

567—118.5(455B,455D) Fixed facility and mobile operations. The following removal and disposal requirements must be met by both fixed facilities and mobile facilities operations:

ITEM 5. Amend subrule 118.5(2) as follows:

118.5(2) The point of demanufacturing facility must be located 50 feet or more from a well and any water of the state. A permanent facility must meet local zoning requirements.

ITEM 6. Amend rule 567—118.6(455B,455D) as follows:

567—118.6(455B,455D) Training. Beginning January 1, 2003, at least one owner or full–time employee of an appliance demanufacturing facility must have completed a DNR–approved training course covering, at a minimum, the following topics. A trained person must be on site at alltimes when discarded appliances are being demanufactured.

1. Regulations and procedures for the removal of refrigerant (CFCs, HCFCs, and ammonia) from appliances.

2. Regulations and procedures for the removal of PCB capacitors from appliances.

3. Regulations and procedures for the removal ofmercury–containing components from appliances.

4. Regulations for the identification and removal of asbestos from ammonia–gas–operated refrigerators and air conditioners.

5. Safety issues.

6. Spill prevention and appliance cleanup procedures appropriate for appliance demanufacturing.

7. Proper storage, transportation, and disposal requirements for all recovered wastes from the appliance demanufacturing process.

8. The proper methods of loading and unloading discarded appliances.

ITEM 7. Amend subrule 118.11(1) as follows:

118.11(1) All capacitors not marked as non–PCB must be removed from discarded appliances unless the manufacturer certifies in writing that no PCBs were used in the manufacture of the appliance or capacitor.

ITEM 8. Amend subrule 118.11(5), paragraph “b,” as follows:

b. The site point of demanufacturing must be located above the 100–year flood water elevation.

ITEM 9. Amend subrule 118.14(1) as follows:

118.14(1) Fluff from the shredding of demanufactured appliances must be sampled quarterly, at a minimum, and analyzed according to Test Methods for Evaluation of Solid Waste, Physical–Chemical Methods SW 846, USEPA, Third Edition 1986, for the presence of PCBs, and according to the toxicity characteristic leaching procedure (TCLP) for lead and mercury. The waste shall be sampled once a day for seven consecutive working days to make a composite sample. If the total PCB amount is less than 50 ppm and if the TCLP results for mercury and lead are below 0.20 ppm and 5.0 ppm, respectively, the fluff may be landfilled in Iowa.

[Filed Emergency 3/27/02, effective 3/27/02]

[Published 4/17/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/17/02.

Pursuant to the authority of Iowa Code sections 159.5(11) and 163.1 and 2001 Iowa Acts, chapter 101, the Department of Agriculture and Land Stewardship hereby amends Chapter 64, “Infectious and Contagious Diseases,” Iowa Administrative Code.

These amendments implement 2001 Iowa Acts, chapter 101, which directs the Department of Agriculture and Land Stewardship to adopt administrative rules implementing statutory changes codified in Iowa Code Supplement chapter 165A relating to paratuberculosis control. These statutory changes include the mandatory permanent identification of infected cattle; restrictions on movements of infected cattle and handling of infected cattle by concentration points; and adoption of methods and procedures to determine whether cattle are infected.

Notice of Intended Action was published in the February 6, 2002, Iowa Administrative Bulletin as ARC 1377B. Several comments were received and considered. The adopted amendments differ from the Notice in that they clarify that a licensed accredited veterinarian is responsible for the permanent identification of a Johne’s infected animal. Chronic wasting disease, as well as a reporting requirement for unusual symptomatology and unusual morbidity and mortality, was included in rule 21—64.1(163).

These amendments are intended to implement 2001 Iowa Acts, chapter 101, Iowa Code chapter 163 and Iowa Code Supplement chapter 165A.

These amendments will become effective May 22, 2002.

The following amendments are adopted.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Filed 3/28/02, effective 5/22/02]

[Published 4/17/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/17/02.

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

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

Notice of Intended Action was published in the February 6, 2002, Iowa Administrative Bulletin as ARC 1350B. No comments were received from the public. However, the amendment presented for adoption has been revised from that proposed at the January meeting to reflect comments received from the Commission.

This amendment was approved during the March 25, 2002, meeting of the College Student Aid Commission.

This amendment will become effective May 22, 2002.

This amendment is intended to implement Iowa Code section 261.17.

The following amendment is adopted.

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

a. Financial need is defined as the difference between the estimated amount of family resources available for college expenses and the total costs at the institution the student plans to attend. lesser of the difference between the average expenses for tuition, fees, and books and supplies, as determined by the commission, and the amount of the federal Pell Grant for which the student qualifies or the difference between the average total budget at a community college, as determined by the commission, and the expected family contribution.

[Filed 3/29/02, effective 5/22/02]

[Published 4/17/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/17/02.

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

The amendment sets forth procedures for issuing a temporary permit to an applicant for any type of license, certification, or authorization issued by the Board, after receipt of a fully completed application, when the Board is awaiting the completion of the Praxis II examination verification and the national criminal history background check.

There is a substantial delay in the processing of national criminal history and fingerprint checks by the Federal Bureau of Investigation. A similar issue arises as a result of 2001 Iowa Acts, chapter 161, which requires recent graduates to complete the Praxis II examination prior to the Board’s issuing an initial license. A significant delay may occur between the time the examination is taken and the receipt of verification from the national testing service.

Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 1181B on December 12, 2001. A public hearing was held January 8, 2002. No one attended the hearing, and no public comments were received. This amendment is identical to that published under Notice of Intended Action.

This amendment will become effective May 22, 2002.

This amendment is intended to implement Iowa Code chapter 272.

The following amendment is adopted.

Amend rule 282—14.101(272) by adopting the following new subrule:

14.101(3) The executive director may issue a temporary permit to an applicant for any type of license, certification, or authorization issued by the board, after receipt of a fully completed application, including certification from the applicant of completion of the Praxis II examination, if required; determination that the applicant meets all applicable prerequisites for issuance of the license, certification, or authorization; and satisfactory evaluation of the Iowa criminal history background check. The temporary permit shall serve as evidence of the applicant’s authorization to hold a position in Iowa schools, pending the satisfactory completion of the national criminal history background check and the board’s receipt of verification of completion of the Praxis II examination. The temporary permit shall expire upon issuance of the requested license, certification, or authorization or 90 days from the date of issuance of the permit, whichever occurs first, unless the temporary permit is extended upon a finding of good cause by the executive director.

[Filed 3/21/02, effective 5/22/02]

[Published 4/17/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/17/02.

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

The amendment allows teacher preparation institutions the opportunity to offer undergraduate as well as graduate coursework for the talented and gifted endorsement. The amendment also allows a teacher education candidate to earn the talented and gifted endorsement as an undergraduate.

Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 1292B on January 23, 2002. A public hearing was held February 12, 2002. Three public comments were received, all supporting the proposed amendment. This amendment is identical to that published under Notice of Intended Action.

This amendment will become effective May 22, 2002.

This amendment is intended to implement Iowa Code chapter 272.

The following amendment is adopted.

Amend subrule 14.140(13) as follows:

14.140(13) Talented and gifted teacher–coordinator.

a. Authorization. The holder of this endorsement is authorized to serve as a teacher or a coordinator of programs for the talented and gifted from the prekindergarten level through grade twelve. This authorization does not permit general classroom teaching at any level except that level or area for which the holder is eligible or holds the specific endorsement.

b. Program requirements—content. Completion of 12 undergraduate or graduate semester hours of coursework in the area of the talented and gifted to include the following:

(1) Psychology of the gifted.

(2) Programming for the gifted.

(3) Administration and supervision of gifted programs.

(4) Practicum experience in gifted programs.

NOTE: Teachers in specific subject areas will not be required to hold this endorsement if they teach gifted students in their respective endorsement areas.

Practitioners licensed and employed after August 31, 1995, and assigned as teachers or coordinators in programs for the talented and gifted will be required to hold this endorsement.

[Filed 3/21/02, effective 5/22/02]

[Published 4/17/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/17/02.

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

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

Notice of Intended Action was published in the IowaAdministrative Bulletin on November 14, 2001, as ARC 1124B. No comments were received during the comment period or at the public hearing. There are no changes from the Notice of Intended Action.

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

This amendment shall become effective May 22, 2002.

The following amendment is adopted.

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

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

[Filed 3/27/02, effective 5/22/02]

[Published 4/17/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/17/02.

Pursuant to the authority of Iowa Code section 455B.304, the Environmental Protection Commission hereby amends Chapter 102, “Permits,” and adopts new Chapter 109, “Special Waste Authorizations,” Iowa Administrative Code.

The amendments establish a separate chapter for special waste authorizations in order to make the rules more visible and easier to locate. The amendments also require landfills that accept special waste to prepare special waste acceptance criteria (SWAC) which are submitted to the Department. The SWAC will identify the special handling practices that must be followed by the landfill operators at each specific landfill, by waste haulers and by generators of special waste. The existing rule requires Department staff to make decisions on how special waste should be handled. The proposed rules transfer that responsibility to the landfill managers and operators who are familiar with the landfill’s operation and more capable of making those decisions.

Notice of Intended Action was published on December 12, 2001, in the Iowa Administrative Bulletin as ARC 1190B. A public hearing was held on January 3, 2002, and written comments were accepted on and before that date. The Department has reviewed all comments received and prepared a responsiveness summary, which has been distributed to interested parties. Based upon comments received, the proposed rules were revised as reflected herein. Changes include adding a rule concerning the handling of infectious waste, minor changes to the requirements for special waste authorizations, and the addition of a sentence to state that a special waste authorization in effect at the time these rules become effective shall remain in effect until the authorization expires or is amended.

These amendments are intended to implement Iowa Code section 455B.304.

These amendments shall become effective May 22, 2002.

The following amendments are adopted.

ITEM 1. Rescind and reserve rule 567—102.15(455B).

ITEM 2. Adopt the following new 567—Chapter 109:

CHAPTER 109
SPECIAL WASTE AUTHORIZATIONS

567—109.1(455B,455D) Purpose. The purpose of this chapter is to implement Iowa Code section 455B.304 and chapter 455D by providing rules for the disposal of special waste. The intent of these rules is to provide safe and proper management for disposal of special waste.

567—109.2(455B,455D) Special waste authorization required. No special wastes shall be delivered to or accepted by a municipal solid waste landfill unless disposal is authorized by a special waste authorization (SWA) issued by the department. Wastes for which an SWA has been issued shall be disposed of in accordance with the instructions, conditions, and limitations contained in the SWA. An SWA in effect on May 22, 2002, shall remain in effect until the SWA expires or until it is amended. Any amendment requests shall be handled under these rules.

“General special waste” means petroleum contaminated soil, asbestos–containing waste and other wastes that are explicitly listed in a landfill’s permit and included in a landfill’s special waste acceptance criteria (SWAC).

“Industrial process waste” means waste that is generated as a result of manufacturing activities, product processing or commercial activities. It does not include office waste, cafeteria waste, or other types of waste that are not the direct result of production processes.

“Municipal solid waste landfill” or “MSWLF” means a discrete area of land or an excavation that receives household waste, and that is not a land application site, surface impoundment, injection well, or waste pile, as those terms are defined under 40 CFR Part 257.2. An MSWLF may also receive other types of the federal Resource Conservation and Recovery Act (RCRA) Subtitle D wastes, such as commercial solid waste, nonhazardous dry sludge, and industrial solid waste. An MSWLF may be publicly or privately owned. An MSWLF may be a new MSWLF site, an existing MSWLF site, or a lateral expansion.

“Pollution control waste” means any solid waste residue extracted by, or resulting from, the operation of pollution control processes.

“Solid waste” is defined in Iowa Code section 455B.301.

“Special handling” means a specific procedure required for handling certain waste to protect the health and safety of employees, the public and the environment.

“Special waste” means any industrial process waste, pollution control waste, or toxic waste which presents a threat to human health or the environment or a waste with inherent properties which make the disposal of the waste in a sanitary landfill difficult to manage. Special waste does not include domestic, office, commercial, medical, or industrial waste that does not require special handling or limitations on its disposal. Special waste does not include hazardous wastes which are regulated under the federal Resource Conservation and Recovery Act (RCRA), hazardous waste as defined in Iowa Code section 455B.411, subsection 3, or hazardous wastes included in the list compiled in accordance with Iowa Code section 455B.464.

“Toxic waste” means material containing poisons, biocides, acids, caustics, pathological wastes, and similar harmful wastes which may require special handling and disposal procedures to protect the environment and the persons involved in the storage, transport, and disposal of the waste.

567—109.4(455B,455D) Types of special wastes. General special wastes are asbestos–containing material, petroleum contaminated soil and other wastes that are explicitly listed in a landfill’s permit and included in the landfill’s SWAC but do not require an SWA.

Those specific wastes that are not listed in a landfill’s permit but are included in the landfill’s SWAC will be called special waste.

109.5(1) Generators of special waste shall make application for an SWA by submitting the form “Request for Special Waste Authorization” accompanied by supporting data as required by the department. Two copies shall be submitted to the department, and the department will forward one of the copies to the disposal site after the department review proc–ess is completed. The application shall include the following information when applicable:

a. Appropriate chemical analysis of the waste,

b. Physical form of the waste,

c. Weight or volume of the waste,

d. Material safety data sheet (MSDS) for the waste or for the materials from which the waste is generated, if applicable,

e. Toxicity characteristic leaching procedure (TCLP) test results when appropriate, which show that none of the federal limits in 40 CFR Part 261 are exceeded, and

f. Any other information requested by the department.

109.5(2) Additional requirements.

a. The waste shall not contain free liquids as defined at 567—100.2(455B,455D). The point of compliance shall be the working face.

b. The waste shall not be a listed hazardous waste or meet the criteria for characteristic hazardous waste pursuant to the federal Resource Conservation and Recovery Act (RCRA).

c. Wastes with PCB concentrations equal to or greater than 50 ppm shall not be authorized for disposal at a landfill.

d. Polynuclear aromatic hydrocarbon (PAH) (SW 846 Method 8270) contaminated soil shall not be authorized for disposal at a landfill if the total PAH level exceeds 1600 ppm for the following compounds: acenaphthene, acenaph–thylene, anthracene, benzo(a)anthracene, benzo(a)pyrene, benzo(b)fluornathene, benzo(g,h,i)perylene, benzo(k)fluoranthene, chrysene, dibenzo(a,h)anthracene, fluoranthene, fluorene, indeno(1,2,3–cd)pyrene, naphthalene, phenanthrene, and pyrene or if the total carcinogenic PAH level exceeds 200 ppm for the following compounds: benzo(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k) fluoranthene, chrysene, dibenzo(a,h)anthracene, and indeno(1,2,3–cd)pyrene or if the cyanide level exceeds 1,000 ppm.

e. Special waste authorizations may be issued for a period not to exceed three years.

109.6(1) The department may revoke an SWA for cause at any time. Such cause may include, but is not limited to, evidence that indicates that the characteristics of the authorized quality of the waste vary from the authorized values, evidence that the continued disposal of the waste as authorized may pose a threat to the public health or the environment, or failure to comply with any condition in the SWA or the landfill’s SWAC.

109.6(2) The holder of an SWA must apply for a renewal at least 30 days prior to the expiration of the SWA.

109.6(3) The issuance of an SWA does not obligate any waste disposal facility to accept the waste nor does it preclude the facility from imposing conditions or restrictions other than those listed in the SWA.

109.6(4) The issuance of an SWA does not exempt the party disposing of the waste from any local, state, or federal laws or regulations.

109.7(1) Any public or private municipal solid waste landfill that refuses any particular solid waste type for management or disposal must identify another waste management facility for that waste within the planning area. In the case of special waste, if no other waste management facility for that waste type exists within the planning area, the city or county, in cooperation with the waste generator, must establish or arrange access to one.

109.7(2) All municipal solid waste landfills shall submit special waste acceptance criteria to the department. The SWAC shall list the different kinds of special waste that each landfill (facility specific) will accept and the instructions for disposal for each of those wastes. The SWAC shall be submitted within 90 days after May 22, 2002. The SWAC shall be submitted on forms provided by the department.

109.7(3) Landfills are required to ensure that special wastes delivered to the facility conform to the SWAC on file with the department.

109.7(4) Each municipal solid waste landfill shall provide to the department, on a quarterly basis, a report of SWA activity including each SWA number and the quantities of waste disposed of during the reporting period. This information shall be submitted as part of the Quarterly Solid Waste Fee Schedule and Retained Fees Report, Form 542–3276.

567—109.8(455B,455D) Special waste generator responsibilities. Special waste generator responsibilities shall include, but are not limited to, the following:

109.8(1) Prior to submission of an SWA application, the generator shall adhere to the solid waste management hierarchy. Alternatives include volume reduction at the source; recycling and reuse, including composting and land application; and other approved techniques of solid waste management including, but not limited to, combustion with energy recovery and combustion for waste disposal. The generator shall include, as part of the SWA application, a description of the review of the alternatives to landfilling for each waste for which an SWA is requested. The description should detail to what extent the waste could be recycled, reduced or reused so that landfilling is not necessary.

109.8(2) The generator shall follow the guidelinesfor submission of an SWA application as given in 109.5(455B,455D).

109.8(3) The generator shall ensure that special waste coming into the landfill shall arrive as a separate load and not be commingled with any other waste.

109.8(4) The generator shall submit analytical results supporting an SWA at a frequency to be determined by the landfill.

109.8(5) After receiving an SWA, the generator must contact the designated landfill for instructions on delivering the waste and instructions for adhering to the landfill’s SWAC.

109.8(6) The generator shall notify the department and landfill, prior to disposal, of any change in the characteristics of the special wastes being disposed.

109.8(7) Generators shall notify the landfill in writing when a one–time disposal under an SWA has been completed. This requirement is for one–time disposals only.

567—109.9(455B,455D) Infectious waste. Infectious waste which is generated and treated at a medical clinic, doctor’s office, nursing care facility, health care facility, dentist’s office or other similar facility may be placed with municipal solid waste and handled in a special way if it is rendered nonpathological, does not contain free liquids, and sharps are shredded, blunted, granulated, incinerated or mechanically destroyed. The generator of the infectious waste must notify the waste hauler and the sanitary landfill that infectious waste is being placed with the regular municipal solid waste and, with the notice, certify that the infectious waste is properly treated in accordance with the requirements of this rule.

109.10(1) Radioactive waste. Radioactive materials shall not be disposed of by a sanitary disposal project. Luminous timepieces are exempt.

109.10(2) Sewage sludge.

a. Sewage sludge, including unstabilized septic tank pumpings, shall not be disposed of in a sanitary landfill if it meets the criteria for Class I or II sewage sludge in 567— Chapter 67, except for use in daily, interim, or final cover according to the approved plan for the landfill. Class III sewage sludge may be disposed of at a sanitary landfill as provided in 567—Chapter 103.

b. Sewage sludge may be handled at processing facilities as provided in 567—Chapter 104.

c. Sewage sludge may be utilized for land application in accordance with 567—Chapter 67.

109.10(3) Waste tires. Pursuant to Iowa Code section 455D.11(2), land disposal of waste tires, as defined in 567—Chapter 117, is prohibited as of July 1, 1991, unless each tire is processed by, at a minimum, shredding, cutting or chopping each tire into pieces that are no longer than 18 inches on any side.

These rules are intended to implement Iowa Code section 455B.304.

[Filed 3/27/02, effective 5/22/02]

[Published 4/17/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/17/02.

Pursuant to the authority of Iowa Code section 455C.9, the Environmental Protection Commission hereby amends Chapter 107, “Beverage Container Deposits,” Iowa Administrative Code.

The amended rules implement the provisions of Iowa Code chapter 455C, Beverage Containers Control Act. The rules in Chapter 107 also contain interpretive rules that clarify or interpret the statute or apply the statute to factual situations.

The amendments clarify and update labeling requirements, clarify the requirements for approval of redemption centers and exempt dealers, remove references to state–owned liquor stores, and add a public education component to Chapter 107.

Notice of Intended Action was published in the Iowa Administrative Bulletin on January 9, 2002, as ARC 1246B.

In response to the comments the Department received during the public comment period and the public hearing, the following changes were made to the amendments published under Notice.

1. Subrule 107.3(5) was reworded to clarify that a stamp used on a beverage container distributed through the Alcoholic Beverages Division must be on the front primary label or the conical portion of the bottle.

2. Subparagraph 107.4(4)“b”(3) was reworded to clarify that, for a dealer to be exempt, the dealer and redemption center must reach an agreement regarding the containers sold and redeemed.

3. Rule 567—107.7(455C) was reworded to clarify that containers may be refused if they contain any liquid, including liquid residue of the beverage.

4. In subrule 107.8(2), new language regarding crushed plastic containers was not adopted.

5. Subrules 107.9(1), 107.9(2) and 107.9(3) were reworded to clarify that distributors are required to pick up only the same kind, size, and brand of container that they sell.

6. Rules 567—107.11(455C), distributor registration, and 567—107.13(455C), record keeping, published under Notice of Intended Action were not adopted. Subsequent rules were renumbered.

7. Rule 567—107.14(455C), payment of a refund value, was reworded to clarify that the distributor and redemption center may enter into an agreement for the distributor to pay the redemption center less frequently than weekly.

These amendments were approved during the March 18, 2002, meeting of the Environmental Protection Commission.

These amendments will become effective on May 22, 2002.

These amendments are intended to implement Iowa Code chapter 455C.

The following amendments are adopted.

ITEM 1. Amend rule 567—107.1(455C) as follows:

567—107.1(455C) Scope. This chapter is intended to im–plement the provisions of Iowa Code chapter 455C. The Act requires that every alcoholic liquor container, beer, mineral water, soda water or carbonated soft drink container sold in Iowa for consumption off the premises of the dealer be subject to a deposit of 5 cents or more. Such container must have indicated on it that the container is subject to a minimum refund of 5 cents or must be exempt from the requirement of having the refund value indicated on it. An empty container on which a an Iowa deposit was made may be returned to any dealer in the state who sells the kind, brand and size of container or may be returned to a redemption center. The dealer or redemption center must accept the empty container and refund the deposit.

The Act also prohibits the sale at retail of any metal beverage container so designed and constructed that a part of the container is detachable in opening, the so–called “pop–top can.”

This chapter contains rules specifying the minimum size of type to be used for indicating the minimum refund value on beverage containers, rules relating to approval of redemption centers for beverage containers and rules relating to exemptions from labeling the refund value on beverage containers. This chapter also contains interpretive rules that clarify or interpret the statute, or apply the statute to specific factual situations.

ITEM 2. Amend rule 567—107.2(455C) by adopting the following new definitions in alphabetical order:

“Dealer agent” means a person who solicits or picks up empty beverage containers from a dealer for the purpose of returning the empty beverage containers to a distributor or manufacturer.

“Emboss” means to raise the surface in relief.

“Exempt dealer” means a dealer that has an approved agreement with a redemption center.

“High–contrasting color” in reference to labeling requirements means a clear differentiation in hue, value, and intensity with the background on which the redemption message appears, surrounding artwork, and other nearby printed information.

“Incise” means to scratch the surface to produce legible letters or characters at a precise width and depth.

“Indelibly” means that the refund value is permanently affixed on the beverage container and cannot be smeared or removed during regular use from the point of being offered for sale until the point of redemption.

ITEM 3. Amend rule 567—107.3(455C) as follows:

107.3(1) All beer, wine, alcoholic liquor, mineral water, soda water and similar carbonated soft drink containers (other than exempt containers) sold or offered for sale in Iowa by a dealer shall have the words “Iowa Refund 5¢” clearly or “IA 5¢” clearly, indelibly and legibly indicated on the container. If the refund value is more than 5 cents, the greater value may be indicated, e.g., “Iowa Refund 10¢.” The words may be abbreviated if a request to use a specific abbreviation is 10¢” or “IA 10¢.” Any abbreviation of the words “Iowa Refund” other than as provided in this subrule shall be submitted to and approved by the director department.

107.3(2) The minimum size of the words “Iowa Refund 5¢” shall be 9 point type or “IA 5¢” and all approved abbreviations shall be a minimum of 9–point type (approximately .125 inch or 3 millimeters) if the words are embossed or incised and 18–point type (approximately .25 inch or 6 millimeters) if the words are otherwise affixed to the container. A stamp or label may have the words “Iowa Refund 5¢” or “IA 5¢” in less than 18–point type if the label is submitted to the director and the director department and the department determines that the high–contrasting color, or the characteristics of the stamp or label make the stamp or label as easy to discern as a stamp or label with 18–point type.

107.3(3) The words “Iowa Refund 5¢” or “IA 5¢” shallbe indicated by embossing (raised letters) or by a stamp, label, by incising, by printing in high–contrasting color, by a stamp or label of high–contrasting color, or other method approved by the department securely and permanently affixed to the container.

107.3(4) The print on a stamp, label or other method used to indicate the words “Iowa Refund 5¢” should be in a high contrast color. Reserved.

107.3(5) The words “Iowa Refund 5¢” or “IA 5¢” should shall be on the end top of a metal beverage container. The words “Iowa Refund 5¢” or “IA 5¢” should shall be on the conical portion of a glass or plastic beverage container so that the words are visible from above or shall be on the product label if on the side of the beverage container. Stamps shall be placed on the front of the beverage containers distributed by the alcoholic beverages division. Refund information printed on the labels of beverage containers distributed by the alcoholic beverages division warehouse shall be printed on the front primary label of the beverage container. The placement of refund information solely on the bottom of the beverage container is prohibited.

107.3(6) An exemplar example of the label or labeled container may, but need not, be submitted to the director department for informal approval.

107.3(7) An application for exemption from the requirement of having the words “Iowa Refund 5¢” or “IA 5¢” indicated on the container shall be on Form LQ 37 or on 8½” × 11” paper and shall contain:

a. The name, address and phone telephone number of the applicant;

c b. The refund value of the container; and

d c. A statement of why the container can be readily and permanently identified by consumers as subject to a deposit.

107.3(8) An example of the container for which the exemption is being requested shall be sent to the department along with the application required in 107.3(7).

107.3(9) The director The department may exempt the container if the director department determines that the container is subject to a deposit of 5 or more cents and that consumers can readily and permanently identify the container as one subject to a deposit.

ITEM 4. Amend rule 567—107.4(455C) as follows:

107.4(1) Approved and unapproved redemption centers explained. The Act provides for both approved and unapproved redemption centers. Both approved and unapproved redemption centers perform the same activity, that is, redemption of redeem empty beverage containers; , and both are lawful. However, an approved redemption center relieves any dealer covered in the order approving the redemption center from the obligation of redeeming those empty beverage containers covered in the order under 107.4(4). Thus the difference between an Both approved and unapproved redemption center, is in the effect on the obligation of dealers to redeem certain empty beverage containers rather than in the activity performed by the redemption center centers shall return the full amount of the refund value to the consumer returning the empty beverage container.

107.4(2) Nothing in the Act or this chapter prevents a person from establishing a redemption center that has not been approved by the director. However, an unapproved redemption center does not relieve any dealer of the responsibility to refund the deposit to the consumer upon presentation of any empty beverage container department. Unapproved redemption centers shall provide the following to the department:

107.4(3) Contents of application for approval. An application for approval of a redemption center shall be on Form LQ 38 or on 8½” × 11” paper that contains and shall contain the following information:

a. Name, address and phone telephone number of the person or persons responsible for the establishment and operation of the redemption center;

b. The address and phone telephone number, if in service, of the redemption center;

c. The kinds, sizes, and brand names of the beverage containers which that will be accepted at the redemption center;

d. The names and addresses of the dealers, if any, to be served by the redemption center and written consent of those dealers to be served by the redemption center;

f e. The names and addresses of the distributors whose beverage containers will be redeemed;

g f. The hours the redemption center is to be open;

h g. Whether metal, or glass or plastic beverage containers will be crushed or broken and, if so, the written consent of the distributor or manufacturer to the crushing or breaking;

i h. Reasons why the dealer and redemption center believe that the center will provide a convenient service to consumers.

(1) The dealer has the written consent of an approved redemption center;

(2) The dealer is located within three miles of the redemption center; and

(3) The dealer and redemption center have reached an agreement that the redemption center will accept the same size, type and brand of containers sold by the dealer.

107.4(5) A dealer served by an approved redemption center must An exempted dealer must prominently post on the premises of the dealer a sign provided at no cost by the department. The sign will include the location and hours of the redemption center.

ITEM 5. Amend rule 567—107.5(455C) as follows:

567—107.5(455C) Redeemed containers—use. Distributors are requested to inform the director department of the intended ultimate use or disposal of redeemed beverage containers. The commission encourages requires the reuse or recycling of empty beverage containers, and the department will assist distributors in finding and examining alternatives to burial of empty containers in sanitary landfills.

ITEM 6. Amend rule 567—107.6(455C) as follows:

ITEM 7. Amend rule 567—107.7(455C) as follows:

567—107.7(455C) Redeemed containers must be reasonably clean. Consumers should shall take care to return containers in a reasonably clean and intact condition. In order to be redeemed, an empty beverage container shall be free of materials, such as paper, sticks and cigarette butts, other dry and free of foreign materials other than the dried residue of the beverage.

ITEM 8. Amend rule 567—107.8(455C) as follows:

107.8(1) No change.

107.8(2) Beverage containers must be reasonably intact. In order to be redeemed, an empty beverage container must be returned reasonably intact. For a refillable beverage container, the container must hold liquid, be able to be resealed and be in its original shape. A nonrefillable glass container may be chipped, but it may not have the bottom broken out or the neck broken off. A nonrefillable metal container may be dented or partially crushed, but may not be crushed flat. A returned beverage container should be able to stand on its own base. (Reason: Section 2.2 of the Act provides in part: “A dealer or person operating a redemption center may compact empty metal beverage containers with the approval of the distributor required to accept such containers.” So far as metal beverage containers are concerned, such right of approval in the distributor would be meaningless if the dealer were required to accept and redeem crushed metal beverage containers from consumers. Since there appears to be no reason to treat distributors of nonrefillable glass beverage containers differently than distributors of metal beverage containers, there is presumably a corresponding right in the distributors of nonrefillable glass beverage containers to approve the destruction of the containers.)

107.8(3) Vending machines.

a. When a beverage container is dispensed from a vending machine in exchange for money, there is presumed to be a “sale of a beverage in a beverage container to a consumer” within the meaning of 107.2(13). Therefore some person must be the “dealer” who is responsible for collecting the deposit at the time of sale and for refunding the deposit upon return of when the empty beverage container is returned. Because of the variety of contractual relationships surrounding operation of a vending machine, the person who is the “dealer” might be the owner of the vending machine, the lessee of the vending machine, the owner of the premises on which the vending machine is located, or the person who stocks the vending machine. It is incumbent upon the parties involved in the operation of a vending machine to determine the person who is the “dealer” and to indicate prominently on the vending machine the name, location and normal operating hours of the dealer (or an approved redemption center) if the dealer does not have personnel on its premises.

b. No change.

107.8(4) No change.

ITEM 9. Amend 567—Chapter 107 by adopting the following new rules:

107.9(1) A distributor shall accept and pick up all empty beverage containers of the kind, size and brand sold by the distributor from a dealer served by the distributor at least weekly, or when the distributor delivers the beverage product if deliveries are less frequent than weekly.

107.9(2) A distributor shall accept and pick up all empty beverage containers of the kind, size and brand sold by the distributor from a dealer agent located in the distributor’s service area at least as often as the distributor delivers to the largest dealer served by the dealer agent, but may not be required to pick up the containers more than once per week.

107.9(3) A distributor shall accept and pick up all empty beverage containers of the kind, size and brand sold by the distributor from a redemption center located in the distributor’s service area at least as often as the distributor delivers to the largest dealer within five miles of the redemption center, but may not be required to pick up the containers more than once per week.

107.9(4) A distributor shall notify each dealer, redemption center, or dealer agent serviced by that distributor of the intended frequency of pickup. This interval between minimum pickups shall be referred to as the “pickup period.”

107.9(5) A distributor who chooses to pick up containers more often than the minimum frequency required by law shall not be required to pick up all containers each time the distributor picks up containers, so long as additional times to pick up the remaining containers are scheduled within the required period.

567—107.10(455C) Dealer agent lists. A dealer agent shall provide to a distributor upon request a list of the dealers that the dealer agent is serving.

567—107.11(455C) Refund value stated on containers— exceptions. Exceptions in Iowa Code section 455C.5(2) are limited to once in a 24–hour period.

567—107.12(455C) Education. Dealers who are not exempt dealers pursuant to 107.4(4) and redemption centers shall maintain and prominently display at the point of redemption easily readable signage using language developed by the department in cooperation with dealers and redemption centers. The signage shall provide information regarding prohibited practices, consumers’ responsibilities when returning containers, and the ability of dealers to limit the number of containers returned in accordance with 107.8(5). The department shall provide language for the signs on the department’s Web site.

567—107.13(455C) Refusing payment when a distributor discontinues a specific beverage product. A distributor, dealer or redemption center may refuse to pay the refund value and the handling fee in the following situations:

107.13(1) A distributor may refuse to pay the refund value if the distributor has given notice, in writing, to dealers to whom the distributor sold similar beverage containers and to the redemption centers served by the distributor and if at least four months have elapsed since the mailing of such notice. The notice shall state that the particular kind, size and brand of container offered for refund has been discontinued. This notice will be mailed not more than 30 days before the final delivery of the product.

107.13(2) A dealer or redemption center may refuse to pay the refund value of beverages discontinued by the distributor, in accordance with subrule 107.13(1), no sooner than three months after the distributor has mailed the notice required by subrule 107.13(1). In no event shall a dealer or redemption center refuse to pay the refund value of discontinued beverages unless such dealer or redemption center shall have posted for at least 30 days a conspicuous notice advising consumers of the final date of acceptance.

567—107.14(455C) Payment of refund value. A distributor shall issue to a dealer payment of the refund value and handling fee within one week following pickup or when the dealer pays the distributor for the beverages, if less frequently than weekly.

A distributor shall issue to a redemption center or dealer agent payment of the refund value and handling fee within one week of pickup unless otherwise agreed to by both the distributor and the redemption center.

567—107.15(455C) Sales tax on deposits. The department of revenue and finance has determined that the payment of the deposit by a consumer is not a sale subject to the payment of additional sales tax.

[Filed 3/27/02, effective 5/22/02]

[Published 4/17/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/17/02.

Pursuant to the authority of Iowa Code section 455B.474, the Environmental Protection Commission adopts amendments to Chapter 136, “Financial Responsibility for Underground Storage Tanks,” Iowa Administrative Code.

The amendments rescind rule 136.2(455B) and subrule 136.23(6) and amend subrule 136.18(1). Rule 136.2(455B) contained compliance dates for providing financial responsibility for petroleum underground storage tanks. The dates have passed and financial responsibility is required for all petroleum underground storage tanks. The state assurance fund referred to in subrule 136.23(6) has been privatized and is no longer applicable.

The amendment to subrule 136.18(1) adds a requirement for providers of financial responsibility to copy the Department when notice of termination of coverage is sent to tank owners or operators. The existing rules do require that any Department–approved mechanism provide a grace period prior to termination of coverage: 60 days for insurance mechanisms and 120 days for other mechanisms such as surety bonds, guarantees, and letters of credit. These grace periods are only effective beginning on the date of receipt by the owner or operator of a cancellation notice, and termination is not effective without receipt. Currently, the owner or operator is required to notify the Department within 60 days after receiving notice of termination if alternative coverage is not obtained. Reliance on the owner or operator to give the Department notice of termination of coverage has not proven to be sufficiently effective to monitor and to enforce the requirement to maintain financial responsibility coverage while a tank system is in operation and until a tank system is permanently closed. Requiring the provider of financial responsibility to give notice to the Department will allow the Department the opportunity to notify and encourage these owners to keep financial responsibility coverage in order to stay in operation and avoid administrative penalties for operating without coverage. For those sites ceasing operation, the notice will help the Department ensure that owners and operators maintain coverage until the tank system is permanently closed and checked for contamination. Under this amendment, the failure of a provider to notify or provide timely notice to the Department is not made a condition of termination and will not be interpreted to affect the substantive terms of the termination of coverage by the provider.

Iowa Code section 455B.474(7) states that rules adopted by the Commission shall be consistent with and shall not exceed the requirements of federal regulations. The Department has reviewed the history of federal regulations dealing with financial responsibility in 40 CFR 280. Although the amendment to subrule 136.18(1) modifies the cancellation procedure established in 40 CFR 280.105 by adding a requirement regarding notice to the Department, the Department believes this amendment is consistent with the purposes of the federal regulations and does not substantially exceed the federal requirements. The Department does not believe this amendment creates any substantial burden on financial responsibility providers and may very well be in their business interest.

Notice of Intended Action was published January 9, 2002, as ARC 1262B. A public hearing was held January 29, 2002. No one attended the hearing. No written comments were received. No changes have been made to the amendments published under Notice.

These amendments are intended to implement Iowa Code section 455B.474.

These amendments shall become effective May 22, 2002.

The following amendments are adopted.

ITEM 1. Rescind and reserve rule 567—136.2(455B).

ITEM 2. Amend subrule 136.18(1), introductory paragraph, as follows:

136.18(1) Except as otherwise provided, a provider of financial assurance may cancel or fail to renew an assurance mechanism by sending a notice of termination by certified mail to the owner or operator. The provider of the financial assurance must also provide a copy of the notice of termination to the underground storage tank section of the department of natural resources. Failure to notify or timely provide a copy to the department will not invalidate a provider’s action to terminate coverage or deny renewal of coverage.

ITEM 3. Amend rule 567—136.23(455B) by rescinding subrule 136.23(6).

[Filed 3/27/02, effective 5/22/02]

[Published 4/17/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/17/02.

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

Notice of Intended Action was published in the Iowa Administrative Bulletin on February 6, 2002, as ARC 1370B.

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

A public hearing to receive comments on the amendments was held on February 26, 2002. There were no written or oral comments.

These amendments have been modified since their publication under Notice in response to comments by the Administrative Rules Review Committee. The Model Energy Code has been changed to the 1993 edition and the Iowa Plumbing Code reference has been changed to “641—Chapter 25.”

The Hospital Licensing Board approved these amendments on October 24, 2001. The Board of Health approved the adoption of these amendments on March 13, 2002.

These amendments will become effective May 22, 2002.

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

The following amendments are adopted.

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

d. State Building Code, 1997 1994 edition.

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

481—51.52(135B) Minimum standards for construction after May 22, 2002. Hospitals and off–site premises licensed under this chapter shall be built in accordance with these construction requirements. This rule applies to plans approved by the state fire marshal, or local authority having jurisdiction, after May 22, 2002, for new construction, renovations, additions, functional alterations, or changes in utilization to existing facilities.

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

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

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

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

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

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

f. Type of licensing shall be considered.

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

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

b. “The Model Energy Code,” 1993 edition, Council of American Building Officials.

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

d. State Building Code, 1994 edition.

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

51.52(4) Elevator requirements.

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

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

51.52(5) Plumbing requirements. All plumbing and other pipe systems shall be designed and installed in accordance with the requirements of the Iowa Plumbing Code, 641— Chapter 25, and applicable provisions of local ordinances.

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

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

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

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

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

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

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

[Filed 3/29/02, effective 5/22/02]

[Published 4/17/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/17/02.

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

Notice of Intended Action was published in the Iowa Administrative Bulletin on February 6, 2002, as ARC 1368B.

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

A public hearing was held on February 26, 2002. One comment was received in opposition to the change. The comment was inconsistent with the goal of the amendments, which is to simplify the rules and their maintenance.

These amendments are identical to those published under Notice of Intended Action.

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

These amendments will become effective May 22, 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 [35.39(1), 71.24(1), 75.18(1)] is being omitted. These amendments are identical to those published under Notice as ARC 1368B, IAB 2/6/02.

[Filed 3/29/02, effective 5/22/02]
[Published 4/17/02]

[For replacement pages for IAC, see IAC Supplement 4/17/02.]

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

These amendments require that licensees whose practices include children and adults report at the time of their renewal that they have completed the mandatory training class for child abuse and dependent adult abuse.

Notice of Intended Action was published in the Iowa Administrative Bulletin on February 20, 2002, as ARC 1389B. A public hearing was held on March 12, 2002, from 9 to 11 a.m. in the Professional Licensure Conference Room, Fifth Floor, Lucas State Office Building, Des Moines, Iowa. No public comments were received at the hearing.

These amendments are identical to those published under Notice of Intended Action.

These amendments will become effective May 22, 2002.

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

The following amendments are adopted.

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.”

[Filed 3/29/02, effective 5/22/02]

[Published 4/17/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/17/02.

Pursuant to the authority of Iowa Code section 147.76, the Board of Respiratory Care Examiners hereby rescinds Chapter 260, “Respiratory Care Practitioners,” and adopts new Chapter 260, “Board of Respiratory Care Examiners”; renumbers Chapter 261, “Continuing Education for Respiratory Care Practitioners,” as Chapter 262 and adopts new Chapter 261, “Licensure of Respiratory Care Practitioners”; amends renumbered Chapter 262, “Continuing Education for Respiratory Care Practitioners”; and adopts new Chapter 263, “Discipline for Respiratory Care Practitioners,” and new Chapter 264, “Fees,” Iowa Administrative Code.

These amendments rescind the current licensure rules and fees, adopt new chapters for the Board and for licensure, discipline and fees, and amend the chapter for continuing education.

Notice of Intended Action was published in the Iowa Administrative Bulletin on January 23, 2002, as ARC 1285B. A public hearing was held on February 12, 2002, from 1 to 3 p.m. in the Professional Licensure Conference Room, Fifth Floor, Lucas State Office Building, Des Moines, Iowa. No written or oral comments were received. These amendments are identical to those published under Notice.

These amendments were adopted by the Board of Respiratory Care Examiners on March 20, 2002.

These amendments will become effective May 22, 2002.

These amendments are intended to implement Iowa Code section 147.76 and chapters 17A, 152B and 272C.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [Chs 260 to 264] is being omitted. These amendments are identical to those published under Notice as ARC 1285B, IAB 1/23/02.

[Filed 3/29/02, effective 5/22/02]
[Published 4/17/02]

[For replacement pages for IAC, see IAC Supplement 4/17/02.]

Pursuant to the authority of Iowa Code section 147.76, the Board of Athletic Training Examiners hereby rescinds Chapter 350, “Athletic Training,” and adopts new Chapter 350, “Board of Athletic Training Examiners”; renumbers Chapter 351, “Continuing Education for Athletic Trainers,” as Chapter 352, adopts new Chapter 351, “Licensure of Athletic Trainers,” and amends renumbered Chapter 352; and adopts new Chapter 353, “Discipline for Athletic Trainers,” and Chapter 354, “Fees,” Iowa Administrative Code.

The amendments rescind the current licensing rules; adopt new chapters for licensure, discipline and fees; and amend continuing education rules.

Notice of Intended Action was published in the Iowa Administrative Bulletin on October 3, 2001, as ARC 0988B.

A public hearing was held on October 23, 2001, from 1 to 3 p.m. in the Fifth Floor Board Conference Room, Lucas State Office Building. No written or oral comments were received after publication of the Notice.

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

• Proposed Chapters 349, 350, 352, and 353 were renumbered as Chapters 350, 351, 353, and 354, respectively. Current Chapter 351 was renumbered as Chapter 352. Cross references were changed accordingly.

• New rule 645—351.4(152D) was added to clarify examination requirements. The new rule will allow applicants to quickly locate information regarding the NATABOC examination. Subsequent rules in 645—Chapter 351 were renumbered accordingly.

• The paragraph requiring verification of licensure from other states was reworded for clarity in paragraph “5” of renumbered rule 645—351.7(152D) and in renumbered subrules 351.10(5) and 351.11(4). The verification requirement was added to the reinstatement tables found in renumbered subrules 351.10(6) and 351.11(6), to paragraph “5” of renumbered rule 645—352.6(152D), and to renumbered subrule 352.10(4).

• A change was made to renumbered subrule 352.2(1) to extend the continuing education compliance period by one day when the licenses expire during a leap year.

• Renumbered rule 645—352.6(152D) and subrule 352.10(5) were reworded to provide additional clarification of the number of hours required to reinstate a lapsed or inactive license.

• Renumbered rule 645—352.9(152D,272C) was amended to change the word “waiver” to “exemption.”

These amendments were approved by the Board of Athletic Training Examiners March 28, 2002.

These amendments will become effective May 22, 2002.

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

The following amendments are adopted.

ITEM 1. Rescind 645—Chapter 350 and adopt the following new chapter in lieu thereof:

CHAPTER 350
BOARD OF ATHLETIC TRAINING EXAMINERS

“Active engagement” or “actively engaged” in the practice of athletic training, for the purposes of Iowa Code sections 152D.3(2) and 152D.3(3), means that a person is either:

1. Currently certified by the National Athletic Trainers Association Board of Certification; or

2. Practicing athletic training as verified by notarized signatures from:

• The athletic director or administrator of the institution, facility, or agency for which the person is currently providing services; and

• The supervising physician for the institution, facility, or agency for which the person is currently providing services.

“Administrator” means the administrator of the board of athletic training examiners.

“Board” means the board of athletic training examiners.

“Licensed athletic trainer” means a person licensed under Iowa Code chapter 152D.

“NATA” means the National Athletic Trainers Association.

“NATABOC” means the National Athletic Trainers Association Board of Certification or its successor organization.

“Physical reconditioning” means the part of the practice of athletic training which combines physical treatment and exercise and is carried out under the orders of a physician or physician assistant. Physical treatment is part of a service plan which includes but is not limited to the continued use of any of the following: cryotherapy, thermotherapy, hydrotherapy, electrotherapy, or the use of mechanical devices.

“Physician” means a person licensed to practice medicine and surgery, osteopathic medicine and surgery, osteopathy, chiropractic, or podiatry under the laws of this state.

“Practice of athletic training” means the prevention, physical evaluation, emergency care, and physical reconditioning relating to injuries and illnesses incurred through sports–induced trauma, which occurs during the preparation for or participation in a sports competition or during a physical training program, either of which is sponsored by an educational institution, amateur or professional athletic group, or other recognized sponsoring organization, by a person who uses the title of licensed athletic trainer.

“Supervising physician” means a physician who supervises the athletic training services provided by a licensed athletic trainer.

“Supervision” means that a supervising physician directs the performance of a licensed athletic trainer in the development, implementation, and evaluation of an athletic training service plan as set out in 645—351.6(152D). Supervision shall not be construed as requiring the personal presence of a supervising physician at each activity of the licensed athletic trainer. It is the responsibility of the licensed athletic trainer to ensure that the practice of athletic training is carried out only under the supervision of a licensed physician.

350.2(1) All information regarding rules, forms, time and place of meetings, minutes of meetings, record of hearings, and examination results is available to the public between the hours of 8 a.m. and 4:30 p.m., Monday to Friday, except holidays.

350.2(2) Information may be obtained by writing to the Board of Athletic Training Examiners, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075. All official correspondence shall be in writing and directed to the board at this address.

350.3(1) The board of athletic training examiners consists of seven members appointed by the governor and confirmed by the senate. The members of the board shall include three licensed athletic trainers, three physicians licensed to practice medicine and surgery, and one member not licensed to practice athletic training or medicine and surgery who shall represent the general public. Members shall serve three–year terms. A quorum shall consist of a majority of the members of the board.

350.3(2) A chairperson, vice chairperson, and secretary shall be elected at the first board meeting after April 30 of each year.

350.3(3) The board shall hold quarterly meetings and may hold additional meetings as called by the board chairperson, a majority of the board members, or the administrator. The chairperson shall designate the date, place, and time prior to each meeting of the board. The board shall follow the latest edition of Robert’s Rules of Order, Revised, whenever any objection is made as to the manner in which the board proceeds at a meeting.

These rules are intended to implement Iowa Code chapters 147 and 152D.

ITEM 2. Renumber 645—Chapter 351 as 645—Chapter 352 and adopt the following new 645—Chapter 351:

CHAPTER 351
LICENSURE OF ATHLETIC TRAINERS

645—351.1(152D) Definitions. For purposes of theserules, the following definitions shall apply:

“Board” means the board of athletic training examiners.

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

“Licensee” means any person licensed to practice as an athletic trainer in the state of Iowa.

“License expiration date” means February 28 of each odd–numbered year.

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

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

645—351.2(152D) Requirements for licensure. The following criteria shall apply to licensure:

351.2(1) The applicant shall complete a board–approved application packet. Application forms may be obtained from the board’s Web site (http://www.idph.state.ia.us/licensure) or directly from the board office. All applications shall be sent to Board of Athletic Training Examiners, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319–0075.

351.2(2) The applicant shall complete the application form according to the instructions contained in the application. If the application is not completed according to the instructions, the application will not be reviewed by the board.

351.2(3) Each application shall be accompanied by the appropriate fees payable by check or money order to the Board of Athletic Training Examiners. The fees are nonrefundable.

351.2(4) No application will be considered by the board until official copies of academic transcripts have been sent directly from the school to the board of athletic training examiners.

351.2(5) The applicant shall successfully complete the National Athletic Trainers Association Board of Certification (NATABOC) examination. It is the responsibility of the applicant to make arrangements to take the examination and have the official results submitted to the Iowa board of athletic training examiners.

351.2(6) Licensees who were issued their licenses within six months prior to the renewal date shall not be required to renew their licenses until the renewal date two years later.

351.2(7) Incomplete applications that have been on file in the board office for more than two years shall be:

a. Considered invalid and shall be destroyed; or

b. Maintained upon written request of the candidate. The candidate is responsible for requesting that the file be maintained.

351.3(1) A new applicant for licensure to practice as an athletic trainer shall possess a baccalaureate degree or postbaccalaureate degree from a U.S. regionally accredited college or university with proof of completion of the following courses:

a. Advanced athletic training;

b. Basic athletic training;

c. Health;

d. Human anatomy;

e. Human physiology;

f. Kinesiology; and

g. Physiology of exercise.

351.3(2) Foreign–trained athletic trainers shall:

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

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

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

351.4(1) The examination required by the board shall be the National Athletic Trainers Association Board of Certification (NATABOC) examination. Application and information may be obtained from the NATABOC Offices, 4223S. 143rd Circle, Omaha, NE 68137, telephone (402)559– 0091, Web site www.nataboc.org.

351.4(2) The applicant has responsibility for:

a. Making arrangements to take the national examination; and

b. Arranging to have the examination scores sent directly to the board from NATABOC.

645—351.5(152D) Documentation of physician supervision. Each licensee must maintain documentation of physician supervision. It is the responsibility of the licensee to ensure that documentation of physician supervision is obtained and maintained, including the following:

1. Athletic training service plan as set out in 645— 351.6(152D);

2. Dates and names of physician and physician assistant orders or referrals;

3. Initial evaluations and assessments;

4. Treatments and services rendered, with dates; and

5. Dates of subsequent follow–up care.

645—351.6(152D) Athletic training service plans. Ath–letic training service plans shall be composed of the following components as taken from the NATA Board of Certification 2000 Standards of Athletic Training for Direct Service and for Service Programs.

351.6(1) Standards for athletic training—direct service.

a. Standard 1—direction. The athletic trainer renders service or treatment under the direction of a physician or dentist.

b. Standard 2—injury and ongoing care services. All services shall be documented in writing by the athletic trainer and shall become part of the athlete’s permanent records.

c. Standard 3—documentation. The athletic trainer shall accept responsibility for recording details of the athlete’s health status. Documentation shall include:

(1) Athlete’s name and any other identifying information.

(2) Referral source (doctor, dentist).

(3) Date, initial assessment, results and database.

(4) Program plan and estimated length.

(5) Program methods, results and revisions.

(6) Date of discontinuation and summary.

(7) Athletic trainer’s signature.

d. Standard 4—confidentiality. The athletic trainer shall maintain confidentiality as determined by law and shall accept responsibility for communicating assessment results, program plans, and progress with other persons involved in the athlete’s program.

e. Standard 5—initial assessment. Prior to treatment, the athletic trainer shall assess the athlete’s level of functioning. The athlete’s input shall be considered an integral part of the initial assessment.

f. Standard 6—program planning. The athletic training program objectives shall include long– and short–term goals and an appraisal of those which the athlete can realistically be expected to achieve from the program. Assessment measures to determine the effectiveness of the program shall be incorporated into the plan.

g. Standard 7—program discontinuation. The athletic trainer, with the collaboration of the physician or dentist, shall recommend discontinuation of the athletic training service when the athlete has received optimal benefit of the program. The athletic trainer, at the time of discontinuation, shall note the final assessment of the athlete’s status.

351.6(2) Standards for athletic training—service program. The following are minimal standards. Each one is essential to the practice of athletic training. It is intended that these standards be used by administrators as well as by athletic training personnel in the development of their service programs and to assess the effectiveness of the programs.

a. Standard 1—objectives. Basic to the development of any program are its intended purposes. Objectives and applicable policies should be clearly outlined for each activity, such as athletic treatment, education of personnel, supervision and interdisciplinary relations. The objectives of the service program should implement those of the institution itself.

b. Standard 2—planning. Each objective should be supported by detailed plans for its implementation.

c. Standard 3—evaluation. Objective methods of data collection and analysis should be used in relation to each component of the program to determine the need for service, assess its effectiveness and indicate a need for change.

d. Standard 4—types of services offered. Athletic training is appropriately a health service offered under the direction of a physician or dentist for the prevention, immediate care, management/disposition and reconditioning of athletic injuries.

e. Standard 5—personnel. The service program should be directed by a NATA–certified athletic trainer who has met the qualifications established by NATABOC. Education, qualifications and experience of all other personnel should meet existing standards and should be appropriate to their duties.

f. Standard 6—facilities and budget. Space, equipment, supplies and a continuing budget should be provided by the institution and should be adequate in amount, variety and quality to facilitate the implementation of the service program.

g. Standard 7—records. Objective, permanent records of each aspect of the service program should indicate:

(1) Date and name of referring physician or dentist;

(2) Initial evaluation and assessment;

(3) Treatment or services rendered, with date; and

(4) Dates of subsequent follow–up care.

h. Standard 8—reports. Written reports on each aspect of the service program should be made annually.

645—351.7(152D) Licensure by endorsement. An applicant who has been a licensed athletic trainer under the laws of another jurisdiction shall file an application for licensure by endorsement with the board office. The board may receive by endorsement any applicant from the District of Columbia or another state, territory, province or foreign country who:

1. Submits to the board a completed application;

2. Pays the licensure fee;

3. Has the academic transcript(s) sent directly from the school(s) to the board;

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

5. Provides verification of license(s) from every state in which the applicant has been licensed, sent directly from the state(s) to the board office; and

6. Submits evidence:

• From NATABOC of current certification status sent directly from NATABOC to the board, or

• Of a passing score on the examination of theNATABOC sent directly from NATABOC to the board.

645—351.8(147) Licensure by reciprocal agreement. The board may enter into a reciprocal agreement with the District of Columbia or any state, territory, province or foreign country with equal or similar requirements for licensure of athletic trainers. The applicant shall take the examination required by the board.

351.9(1) The biennial license renewal period for a license to practice athletic training shall begin on March 1 of each odd–numbered year and end on February 28 of the next odd–numbered year. All licensees shall renew on a biennial basis.

351.9(2) A renewal of license application and a continuing education report form to practice athletic training shall be mailed to the licensee at least 60 days prior to the expiration of the license. Failure to receive the renewal application shall not relieve the license holder of the obligation to pay the biennial renewal fee(s) on or before the renewal date.

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

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

c. Those persons licensed for the first time shall not be required to complete continuing education as a prerequisite for the first renewal of their licenses. Continuing education hours acquired anytime from the initial licensing until the second license renewal may be used. The new licensee will be required to complete a minimum of 50 hours of continuing education per biennium for each subsequent license renewal.

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

351.9(3) Late renewal. If the renewal fee(s), continuing education report and renewal application are received within 30 days after the license expiration date, the late fee for failure to renew before expiration is charged.

351.9(4) When all requirements for license renewal are met, the licensee shall be sent a license renewal card by regular mail.

351.10(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 must hold a current license to apply for exempt status. The licensee shall apply for inactive status prior to the license expiration date.

351.10(2) Reinstatement of exempted inactive practitioners. Inactive practitioners who have requested and been granted a waiver of compliance with the renewal requirements and who have obtained a certificate of exemption shall, prior to engaging in the practice of the profession in Iowa, satisfy the requirements for reinstatement as outlined in 645—352.10(152D,272C).

351.10(3) Licensees shall renew at the next scheduled renewal. Licensees whose licenses were reinstated within six months prior to the renewal date shall not be required to renew their licenses until the renewal date two years later.

351.10(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 that first license renewal time period only. Fifty hours of continuing education will be required for every renewal thereafter.

351.10(5) Verification of license(s) sent directly from the state to the board office is required from every state in which the licensee has practiced since the Iowa license became inactive.

351.10(6) Reinstatement of inactive license after exemption. The following chart illustrates the requirements for reinstatement of an inactive license.

351.11(1) If the renewal fee(s) and continuing education report are received more than 30 days after the license expiration date, the license is lapsed. An application for reinstatement accompanied by the reinstatement fee, the renewal fee(s) for each biennium the license is lapsed and the late fee for failure to renew before expiration must be filed with the board. The licensee may be subject to an audit of the licensee’s continuing education report.

351.11(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 athletic training.

351.11(3) In order to reinstate a lapsed license, a licensee shall comply with all requirements for reinstatement as outlined in 645—352.6(152D).

351.11(4) Verification of license(s) sent directly from the state to the board office is required from every state in which the licensee has practiced since the Iowa license lapsed.

351.11(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.

351.11(6) Reinstatement of a lapsed license. The following chart illustrates the requirements for reinstatement based on the length of time a license has lapsed.

351.12(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.

351.12(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 chapters 17A and 272C.

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

ITEM 3. Amend renumbered subrule 352.2(1) as follows:

352.2(1) The biennial continuing education compliance period shall extend for a two–year period beginning on March 1 of each odd–numbered year and ending on February 28 of the next even– odd–numbered year. Each biennium, each person who is licensed to practice as an athletic trainer in this state shall be required to complete a minimum of 50 hours of continuing education approved by the board. For the 2000 renewal cycle, 62 hours of continuing education shall be completed by March 1, 2003. Continuing education credit earned from September 30, 2000, through March 1, 2001, may be used either for the 2000 renewal cycle or the following biennium. The licensee may use the continuing education credit hours earned only once. The same credit may not be used for both compliance periods. This condition applies for the renewal biennium of 2000 and the following renewal biennium. Continuing education hours will return to 50 hours each biennium at the end of this prorated compliance period.

ITEM 4. Rescind renumbered rule 645—352.6(152D) and adopt the following new rule in lieu thereof:

645—352.6(152D) Reinstatement of lapsed license. Failure of the licensee to renew the license within 30 days after the expiration date shall cause the license to lapse. A person who allows the license to lapse shall not engage in practice in Iowa without first complying with all regulations governing reinstatement as outlined in the board rules. A person who allows the license to lapse may apply to the board for reinstatement of the license. Reinstatement of the lapsed license may be granted by the board if the applicant:

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

2. Pays all of the renewal fees then due, up to a maximum of two bienniums;

3. Pays the late fee assessed by the board for failure to renew;

4. Pays the reinstatement fee;

5. Provides verification of license(s) from every state in which the applicant has been licensed, sent directly from the state(s) to the board office; and

6. Provides evidence of:

• Satisfactory completion of board–approved continuing education requirements during the period since the license lapsed. The total number of continuing education hours required for license reinstatement is computed by multiplying 50 by the number of bienniums since the license lapsed, not to exceed 200 hours; or

• Good standing with NATABOC for the preceding two bienniums.

ITEM 5. Amend renumbered rule 645—352.9(152D, 272C) as follows:

645—352.9(148A,152D,272C) Continuing education waiver exemption for disability or illness. The board may, in individual cases involving disability or illness, grant waivers exemptions of the minimum educational continuing education requirements or extension of time within which to fulfill the same or make the required reports. No waiver exemption or extension of time shall be granted unless written application therefor is made on forms provided by the board and signed by the licensee and appropriate licensed health care practitioners. The board may grant a waiver an exemption of the minimum educational continuing education requirements for any period of time not to exceed one calendar year from the onset of disability or illness. In the event that the disability or illness upon which a waiver an exemption has been granted continues beyond the period of waiver exemption, the licensee must reapply for an extension of the waiver exemption. The board may, as a condition of any waiver exemption granted, require the applicant to make up a certain portion or all of the minimum educational continuing education requirements waived exempted by such methods as may be prescribed by the board.

ITEM 6. Rescind renumbered rule 645—352.10(152D, 272C) and adopt the following new rule in lieu thereof:

645—352.10(152D,272C) Reinstatement of inactive practitioners. Inactive practitioners who have been granted a waiver of compliance with these rules and obtained a certificate of exemption shall, prior to engaging in the practice of athletic training in the state of Iowa, satisfy the following requirements for reinstatement:

352.10(1) Submit written application for reinstatement to the board upon forms provided by the board;

352.10(2) Pay the current renewal fee;

352.10(3) Pay the reinstatement fee;

352.10(4) Provide verification of license(s) from every state in which the applicant has been licensed, sent directly from the state(s) to the board office; and

352.10(5) Furnish evidence of:

a. Good standing with NATABOC for the preceding two bienniums; or

b. Satisfactory completion of 50 hours of board–approved continuing education within the two bienniums preceding the date of reinstatement.

ITEM 7. Adopt new 645—Chapter 353 as follows:

CHAPTER 353
DISCIPLINE FOR ATHLETIC TRAINERS

645—353.1(272C) Grounds for discipline. The board may impose any of the disciplinary sanctions provided in rule 645—13.1(272C), including civil penalties in an amount not to exceed $1000, when the board determines that the licensee is guilty of any of the following acts or offenses:

353.1(1) Fraud in procuring a license.

353.1(2) Professional incompetency.

353.1(3) Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of the licensee’s profession or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.

353.1(4) Habitual intoxication or addiction to the use of drugs.

353.1(5) Conviction of a felony related to the profession or occupation of the licensee. A copy of the record of conviction or plea of guilty shall be conclusive evidence.

353.1(6) Fraud in representations as to skill or ability.

353.1(7) Mental or physical inability reasonably related to and adversely affecting the licensee’s ability to practice in a safe and competent manner.

353.1(8) Involuntary commitment for treatment of mental illness or substance abuse.

353.1(9) Representing oneself as a licensed athletic trainer when the license has been suspended, revoked, lapsed or placed on inactive status.

353.1(10) Revocation, suspension, or other disciplinary action taken by a certification/licensure authority of another state, territory, or country; or failure of the licensee to report such action in writing to the administrator of the board.

353.1(11) Negligence by the licensee:

a. Failure to exercise due care.

b. Improper delegation of duties or inadequate supervision of employees or other individuals, whether or not injury results.

c. Conduct, practice, or conditions which impair the ability to safely and skillfully practice the profession.

353.1(12) Prohibited acts:

a. Permitting another person to use one’s license.

b. Practicing outside the scope of the profession.

c. Obtaining, possessing, attempting to obtain or possess, or administering controlled substances without lawful authority.

d. Verbally, physically, or sexually abusing clients/patients.

e. Any sexual intimidation between an athletic trainer and a client/patient.

353.1(13) Unethical business practices:

a. False or misleading advertising.

b. Betrayal of a professional confidence.

c. Falsifying client/patient records.

d. Professional conflict of interest.

e. Misappropriation of funds.

353.1(14) Failure to report a change of name or address to the Administrator, Board of Athletic Training Examiners, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075, within 30 days.

353.1(15) Falsification of a continuing education record.

353.1(16) Failure to report any judgment or settlement of malpractice claim or action to the Administrator, Board of Athletic Training Examiners, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319–0075, within 30 days of occurrence.

353.1(17) Failure to comply with a subpoena issued by the department.

353.1(18) Failure to report to the board any violation by another licensee of the grounds for discipline as listed in this rule.

353.1(19) Failure to respond to a request from the board within 30 days of certified mail notice of the request for response.

353.1(20) Failure to maintain timely and adequate rec–ords.

353.1(21) An athletic trainer shall not engage in sexual misconduct. Sexual misconduct includes the following:

a. Engaging in or soliciting a sexual relationship, whether consensual or nonconsensual, with a patient.

b. Making sexual advances, requesting sexual favors, or engaging in other verbal conduct or physical contact of a sexual nature with a patient.

353.1(22) Failure to adequately supervise personnel.

353.1(23) Violating a lawful order of the board previously entered by the board in a disciplinary or licensure hearing or violating the terms and provisions of a consent agreement or informal settlement between a licensee and the board.

353.1(24) Obtaining third–party payment through fraudulent means. Third–party payers include, but are not limited to, insurance companies and government reimbursement programs. Obtaining payment through fraudulent means includes, but is not limited to:

a. Reporting incorrect treatment dates for the purpose of obtaining payment;

b. Reporting charges for services not rendered;

c. Incorrectly reporting services rendered for the purpose of obtaining payment which is greater than that to which the licensee is entitled; or

d. Aiding a patient in fraudulently obtaining payment from a third–party payer.

353.1(25) Violation of any statute or administrative rule.

This rule is intended to implement Iowa Code chapters 147, 152D and 272C.

ITEM 8. Adopt new 645—Chapter 354 as follows:

CHAPTER 354
FEES

645—354.1(147,152D) License fees. All fees are nonrefundable.

354.1(1) Licensure fee for license to practice athletic training is $100.

354.1(2) Biennial license renewal fee for each biennium is $100.

354.1(3) Late fee for failure to renew before expiration is $50.

354.1(4) Reinstatement fee for a lapsed license or an inactive license is $50.

354.1(5) Duplicate license fee is $10.

354.1(6) Verification of license fee is $10.

354.1(7) Returned check fee is $15.

354.1(8) Disciplinary hearing fee is a maximum of $75.

This rule is intended to implement Iowa Code chapters 17A, 147, 152D and 272C.

[Filed 3/29/02, effective 5/22/02]

[Published 4/17/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/17/02.

Pursuant to Iowa Code sections 17A.4, 476.1, 476.1A, 476.2, 478.1, and 479.17 (2001), the Utilities Board (Board) gives notice that on March 18, 2002, the Board issued an order in Docket No. RMU–02–1, In re: Update of Gas and Electric Safety Standards “Order Adopting Amendments.” The amendments to 199 IAC 10.12(1), 10.17, 15.10(1)“f,” 19.5(2), 19.6(3), 19.8(3), 20.5(2), 20.6(3)“a,” 25.2(1), and 25.2(5) update the references in these rules to the most recent federal safety standards or most current industry association gas and electric safety and metering standards. Notice of Intended Action was published in IAB Vol. XXIV, No. 16 (2/6/02), p. 1239, as ARC 1340B.

Written comments in this rule making were to be filed on or before February 26, 2002. Peoples Natural Gas Company, Division of UtiliCorp United Inc., the Consumer Advocate Division of the Department of Justice, and Interstate Power and Light Company filed comments stating that they supported the updating of the references. Central Iowa Power Cooperative (CIPCO) stated that it supported the updating of the references to the National Electrical Safety Code (NESC), also known as the American National Standards Institute (ANSI). CIPCO encouraged a delay in adoption of the 2002 NESC to allow employee training to code implementation.

The Iowa Association of Electric Cooperatives (IAEC) filed comments stating that it represents rural electric cooperatives that are subject to the safety and engineering standards for equipment, operations, and procedures adopted by the Board. In its comments, IAEC addressed the proposal to update the reference to NESC 2002 in 199 IAC 25.2(1) except for the portion which consists of work rules to be followed by employees during the installation, operation, and maintenance of electric supply and communication systems, Part 4 of the NESC.

IAEC urged the Board not to exclude Part 4 from its jurisdiction as the Board has done in the past. IAEC states that it understands the Board’s position that the enforcement of workplace safety standards is a function of the federal Occupational Health and Safety Administration (OSHA) and that OSHA has adopted workplace safety standards applicable to the construction of electric transmission and distribution lines and equipment, and covering the operation and maintenance of electric power generation, control, transformation, transmission, and distribution lines and equipment.

IAEC suggested that workplace safety rules cannot be separated from the obligations the Board has imposed on electric utilities to reduce those hazards in connection with electric utility service. IAEC suggested further that the decision not to adopt the workplace safety rules may have the unanticipated effect of decreasing the safeguarding of public safety. IAEC then stated that the standards adopted in Part 2 of the NESC by the Board in this rule making address areas that directly affect employee safety.

Finally, IAEC proposed that the Board update the reference to the National Electrical Code in 199 IAC 15.10(1)“f.”

The Board finds that if a utility such as CIPCO has difficulty in obtaining the necessary training for its employees on the updated safety standards, the utility may file for a waiver of the rules once they are in effect. CIPCO did not state how long it will need to train its employees, and the Board’s waiving the updates on an individual company basis is preferable to delaying the effective date of the rules.

The Board understands the IAEC’s position concerning the adoption of Part 4 of the NESC. The Board has considered this issue in the past and found that it was preferable to leave the enforcement of workplace safety to OSHA rather than to the Board’s employees. OSHA has the specialized expertise to understand and inspect a utility’s operations and maintenance to determine whether they conform to OSHA rules. The Board does not have this same level of experience on these safety issues, and it does not reduce workplace safety for the Board to defer jurisdiction to OSHA.

In addition, since the Board proposed to amend 199 IAC 25.2(1) only to update the reference to the NESC 2002, it would be beyond the scope of this rule making to adopt Part 4 of the NESC. The Board has considered this issue in the past and found that the enforcement of workplace safety standards is better left to OSHA. The Board finds that Part 2 of NESC covers supply and communications conductors and equipment in overhead lines, rather than the work rules to be followed in installation, operation and maintenance. The Board has adopted Part 2 of the NESC, but has not adopted the work rules in Part 4.

The Board considered the request to update the reference to the National Electrical Code in 199 IAC 15.10(1)“f” to be within the scope of this rule making. This rule making was noticed to update the references in the Board’s rules to the most recent federal safety standards and most current editions of industry standards. The Board inadvertently failed to include the reference in paragraph 15.10(1)“f” in the Notice of Intended Action. Since the omission has been pointed out, the Board adopted the update with the other updates.

With the addition of the amendment to 15.10(1)“f,” the Board adopted the amendments as proposed in the Notice of Intended Action. The amendment to 15.10(1)“f” reads as follows:

“f. National Electrical Code, ANSI/NFPA 70–1993 2002.”

The amendments are intended to implement Iowa Code sections 17A.4, 476.1, 476.1A, 476.2, 478.1, and 479.17.

The amendments will become effective May 22, 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 [10.12(1), 10.17, 15.10(1)“f,” 19.5(2), 19.6(3), 19.8(3), 20.5(2), 20.6(3)“a,” 25.2(1), 25.2(5)] is being omitted. With the exception of the change noted above, these amendments are identical to those published under Notice as ARC 1340B, IAB 2/6/02.

[Filed 3/29/02, effective 5/22/02]
[Published 4/17/02]

[For replacement pages for IAC, see IAC Supplement 4/17/02.]