Pages 1820 to 1880 include ARC 1599B to ARC 1626B

Schedule for rule making 1812

Publication procedures 1813

Administrative rules on CD–ROM 1813

Agency identification numbers 1818

Filed, Grants programs, rescind chs 3, 4;
amend chs 6, 18; adopt chs 5, 7 to 13
ARC 1610B 1851

CITATION OF ADMINISTRATIVE RULES 1811

Filed, Iowa community cultural grants (ICCG)
program; cultural enrichment grant (CEG)
program, 6.1 to 6.5, 8.4, 8.7 to 8.9
ARC 1609B 1851

Filed, Open enrollment—athletic eligibility
in certain transfer situations, 17.8(2)
ARC 1605B 1851

Filed, Extracurricular interscholastic
competition—uniform enforcement for male
and female athletes, 36.1, 36.14, 36.15,
36.17 to 36.20 ARC 1603B 1852

Filed, Extracurricular athletic activity
conferences—uniform enforcement for male
and female athletes, 37.1, 37.3 to 37.5
ARC 1604B 1856

Notice, Private water well construction
permits, 38.2 to 38.9, 38.12 to 38.15
ARC 1619B 1820

Notice, Wastewater construction and operation
permits, 64.6(2), 64.15 ARC 1620B 1822

Notice, Well contractor certification, ch 82
ARC 1618B 1823

Filed, Increase in fees—new and renewed
confinement site and commercial manure
applicator certifications, 65.19 ARC 1621B 1856

Filed, Organic materials composting
facilities, ch 105 ARC 1622B 1856

Filed, Requirements for waste tire facilities;
beneficial uses of waste tires; waste tire
management, rescind chs 117, 219;
adopt ch 117 ARC 1623B 1863

Notice, Express advocacy; financial threshold
for the registration of a campaign committee,
4.1(1), 4.25, 4.38, 4.53, 4.70, 4.87
ARC 1607B 1828

Notice, Faxed document to serve as original,
4.23(3), 11.4(3) ARC 1606B 1830

Notice, Verified statement of regulation—filed
within 15 days from date of contribution,
4.48, 6.2(5) ARC 1602B 1830

Notice, Loans or obligations forgiven or
transferred; interest and imputed interest,
4.50 ARC 1601B 1831

Filed, Service of notice of hearing in a contested
case, 7.5(3) ARC 1608B 1871

Filed, Department organization; capitol complex
operations; state employee driving guidelines,
chs 1, 3, 11 ARC 1624B 1871

Filed, Issuance of investigatory subpoenas,
1.1(6) to 1.1(9) ARC 1625B 1877

Notice Terminated, Increase in license
fees, 3.1 ARC 1617B 1831

Notice, Fees retained by board as
repayment receipts, 3.1 ARC 1616B 1832

Notice, Optometrists, ch 179; 180.1, 181.9;
chs 182 to 184 ARC 1600B 1832

Notice, Podiatrists, chs 219, 223
ARC 1599B 1835

Summarized list 1814

Notice, Traffic and parking at universities,
4.26 to 4.32 ARC 1611B 1837

Notice, Iowa State University—organization
and general rules; use of facilities; standards
of conduct on campus, 13.1, 13.6 to 13.19
ARC 1612B 1840

Notice, Clarification of department practice,
7.42, 7.44(2), 7.56(12), 15.19, 87.6
ARC 1626B 1846

Notice—Public funds interest rates 1849

Notice, Threshold for electric transmission
line franchises, 11.1(5), 11.3(2), 11.4
ARC 1615B 1849

Notice Terminated, Rights and remedies
for gas and electric customers, 19.4, 20.4
ARC 1613B 1850

Filed, Confidentiality for certain information,
1.9(5)“c,” 1.9(8)“b”(3) ARC 1614B 1878

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

__________________________________

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Pursuant to the authority of Iowa Code sections 455B.105 and 455B.173, the Environmental Protection Commission gives Notice of Intended Action to amend Chapter 38, “Private Water Well Construction Permits,” Iowa Administrative Code.

These amendments:

1. Increase the fees charged by the state for private well permits and require that a portion of the fee collected by contracting counties be submitted to the Department.

2. Require that a construction permit be obtained for significant modification to an existing well.

3. Allow the Department to contract for well permitting (probably by neighboring counties) in those counties that do not accept delegation.

4. Begin requiring the use of uniform statewide permit numbering and allow for identification tagging of wells.

The proposed amendments were developed in coordination with certified well contractors and county sanitarians.

Any interested person may comment on the proposed amendments prior to June 7, 2002. Written materials should be directed to Brent Parker, Water Supply Section, Department of Natural Resources, 401 SW 7th Street, Suite M,Des Moines, Iowa 50319–4611; fax (515)725–0348, E–mail Brent.Parker@dnr.state.ia.us.

Interested persons are also invited to present oral or written comments at public hearings which will be held as follows:

June 4, 2002 1 to 4 p.m.

Conference Rooms, Suite I

Water Supply Section

401 SW 7th St.

Des Moines

June 5, 2002 11 a.m. to 2 p.m.

Conference Room

Atlantic Municipal Utilities

15 West 3rd

Atlantic

June 6, 2002 9 a.m. to 12 noon

Arrowhead Area Education Agency (AEA)

824 Flindt Dr.

Storm Lake

June 11, 2002 1 to 4 p.m.

Delaware County Community Center

200 E. Acres (Fairgrounds)

Manchester

June 12, 2002 1 to 4 p.m.

Helen Wilson Gallery

Washington Public Library

120 E. Main

Washington

June 13, 2002 12 noon to 3 p.m.

North Iowa Area Community College

Muse–Norris Conference Center

500 College Dr.

Mason City

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

Copies of relevant rules may be obtained from Cecilia Nelson, Records Center, Department of Natural Resources, Wallace State Office Building, 900 East Grand Avenue, Des Moines, Iowa 50319–0034 or may be viewed at the following Web site: http://www.legis.state.ia.us/Rules/2002/iac/gnac/gna1.pdf.

These amendments may have an impact on small business.

These amendments are intended to implement Iowa Code section 455B.187.

The following amendments are proposed.

ITEM 1. Amend rule 567—38.2(455B) as follows:

567—38.2(455B) Forms. The following application form is currently in use:

Application For a Permit to Construct a New for Private Water Well Construction Permit. 11/87 12/98. 542–0988

ITEM 2. Amend subrule 38.3(1) as follows:

38.3(1) When permit required. A landowner or landowner’s agent shall not drill or construct a new private water well without first obtaining a well construction permit issued by the department or by a county board of supervisors orthe board’s designee authorized to issue permits pursuant to rule 38.15(455B) this chapter. Examples of private water wells requiring well construction permits include, but are not limited to: domestic wells, livestock wells, irrigation wells, recreational–use wells, monitoring wells, heat pump wells, industrial wells, and dewatering wells, except that dewatering wells shall be exempt from the construction standards of 567—Chapter 49 (nonpublic water wells).

ITEM 3. Amend subrule 38.3(2) as follows:

38.3(2) Exemptions. The following types of excavations do not need private water well construction permits: soil borings, percolation test holes, sand and gravel and limestone exploration holes, excavations for storing and extracting natural gas or other products, gravel pits and quarries and all monitoring wells required as part of a permit or a construction approval issued by the department less than 30 feet deep in unconsolidated material. Test holes, used to determine the availability, quality or depth of groundwater are also exempt provided that all the following conditions are met.

a. The use of the test hole is limited to the conduct of the test only.

b. The duration of the test is not more than seven consecutive days.

c. The test hole is properly closed immediately after the test is completed in accordance with 567—Chapter 39, “Requirements for Properly Plugging Abandoned Wells.”

ITEM 4. Amend rule 567—38.4(455B) as follows:

567—38.4(455B) Form of application. Application shall be made on forms supplied by the department. However, counties that have active delegation of authority to issuenew private well construction permits pursuant to rule 38.15(455B) may develop and use their own application forms subject to the approval of the department. Each application shall list all wells, including nonplugged abandoned wells, on the applicant’s property contiguous to the well site described in the application and shall describe the location of each well site. The location shall be given in the form of a legal land description (section, township and range) to the nearest quarter of a quarter of a quarter of a section, and noted on a map or aerial photograph or as a latitude and longitude in degrees to four decimal accuracy. The list of wells to be registered shall include but is not limited to abandoned wells, inactive wells, agricultural drainage wells, irrigation wells, domestic wells and livestock wells.

ITEM 5. Amend rule 567—38.5(455B) as follows:

38.5(1) Fee payment. Each application shall be accompanied by a nonrefundable fee of $25 $125 in the form of a check or money order payable to the department of natural resources, unless a county board of supervisors or the board’s designee is authorized to issue private well construction permits pursuant to rule 38.15(455B). In cases where the permitting authority is delegated to the county, the county board of supervisors may set a different fee, and shall designate the terms for fee payment, and shall submit to the department a permit fee of $25 per application. More than one proposed well for the same use on one contiguous piece of property of less than ten acres may be listed on one application and only one fee need be paid irrespective of the number of wells listed on the application form. Additional wells on the same property at a later time shall require another permit. A proper application shall consist of a fully and properly completed form and nonrefundable fee. The $25 fee collected by a county for each permitted well shall be submitted quarterly by the county to the department on forms and in a manner as provided by the department.

38.5(2) Exemption. The department is exempt from the fee payment requirements of these rules to the counties. The department shall remit fees directly to the department’s private well permit program fund.

ITEM 6. Amend rule 567—38.6(455B) as follows:

567—38.6(455B) Well maintenance and reconstruction. A private well construction permit is required for all replacement wells. A private well construction permit is not required for the repair, maintenance, rehabilitation or reconstruction of an existing well. A private well construction permit is required for modification to a well such as Changes changes in physical dimensions included in these exemptions include including, but are not limited to: , deepening the well and changing the diameter or length of the casing or the screen. A private well construction permit is not required for the repair, maintenance, or rehabilitation of an existing well that does not change its physical dimensions.

ITEM 7. Amend rule 567—38.7(455B) as follows:

567—38.7(455B) Emergency permits. Contracting counties must have policies and procedures in place to accommodate the issuance of permits on an emergency basis for the immediate replacement or reconstruction of water wells in response to the sudden and unforeseen loss or serious impairment of a well for its intended use.

ITEM 8. Amend rule 567—38.8(455B) as follows:

38.8(1) When issued. Upon receipt of a complete application, the department or contracting county shall issue apermit to the landowner or landowner’s agent except asprovided in rules 38.7(455B), rule 38.12(455B) and 38.15(455B).

38.8(2) Not withdrawal permit. Each permit shall include notification that a private well construction permit is not a water withdrawal permit and does not eliminate the necessity of obtaining any water withdrawal permits required in 567—Chapters 51 50 and through 52 54. A water withdrawal permit is required before an applicant can withdraw more than 25,000 gallons of water per day from any source or combination of sources in the state of Iowa.

38.8(3) Construction by certified well contractor. Each well construction permit shall require that each well shall be constructed by a certified well contractor in compliance with 567—Chapters 49 and 82. However, temporary dewatering wells at construction sites shall be exempt from the construction standards of 567—Chapter 49.

ITEM 9. Amend rule 567—38.9(455B) as follows:

567—38.9(455B) Noncompliance. Violations of any of the provisions of this chapter may be addressed by the department pursuant to Iowa Code sections 455B.109, 455B.110, 455B.175 and 455B.191.

ITEM 10. Amend rule 567—38.12(455B) as follows:

567—38.12(455B) Denial of a permit. The department or contract county may deny a private well construction permit if granting the permit would lead to the violation of state law, would could result in groundwater contamination, would lead to withdrawal from a protected source;, or the director determines that the well would could threaten public healthor the environment. Examples of wells that could threaten public health or the environment and, therefore, may bedenied construction permits include, but are not limited to:

in situ mining wells, wells which may result in a negative impact on an identified point source of groundwater contamination and cause leachate plume to spread or migrate, underground injection wells except as provided in 567—subrule 50.6(4) and 567—62.9(455B).

ITEM 11. Amend rule 567—38.13(455B) as follows:

567—38.13(455B) Appeal of a permit denial. Any applicant aggrieved by a decision issued under the provisions of this chapter may file a notice of appeal with the director. The notice of appeal must be filed within 30 days of the date of the permit decision. The form of the notice of appeal and appeal procedures are governed by 567—Chapter 7. Appeal of a permit denied by a county which has been delegated authority to issue private water well permits shall be administered by the county in accordance with the county’s appeal or judiciary review process. Appeal to the department is possible only when the appeal involves well design or construction variances or and can only be appealed to the department if delegation to the county is suspended, rescinded or revoked.

ITEM 12. Rescind and reserve rule 567—38.14(455B).

ITEM 13. Amend rule 567—38.15(455B) as follows:

38.15(1) Application by board. A county board of supervisors requesting the authority to issue private well construction permits shall apply to the department in accordance with Iowa Code chapter 28E. The application shall include statements of agreement to comply with 567—Chapter 38. Additional information may be requested by the department. The department may contract for all or part of the private well permitting services in those counties that do not receive or maintain delegation authority or for permit authorities retained by the department.

38.15(2) County standards. The county board of supervisors may impose additional standards as local conditions dictate, but the standards cannot be less stringent than those required by the provisions of this chapter.

38.15(3) Information to department. The delegation agreement shall provide for the method, format and frequency of reporting all permit application information and remission of fees to the department.

38.15(4) Board authority. After delegation of authority to a county board of supervisors, all applications in that county shall be made to the board or its designee except that all new private well permit applications by state or federal agencies shall be made to the department.

38.15(5) Term of delegation. The delegation of authority may be for up to five years and may be redelegated at the discretion of the department.

ITEM 14. Amend 567—Chapter 38, implementation sentence, as follows:

These rules are intended to implement Iowa Code sections 455B.105(12 11), 455B.171 172, and 455B.187.

Pursuant to the authority of Iowa Code section 455B.105(3), the Environmental Protection Commission hereby gives Notice of Intended Action to amend Chapter 64, “Wastewater Construction and Operation Permits,” Iowa Administrative Code.

Proposed amendments to Chapter 64 reissue General Permits Nos. 1, 2 and 3 which authorize the discharge of storm water. General Permits Nos. 1 and 2 were issued in 1992 for a five–year duration, reissued in 1997 for another five years and expire October 1, 2002. General Permit No. 3 was issued in 1997, and expires October 1, 2002. This action will renew the permits, extending the coverage another five years to October 1, 2007. General permits for storm water discharges are required to be adopted as rules and are effective for no more than five years. Copies of the proposed revised General Permits Nos. 1, 2 and 3 are available upon request from the Department at the address or telephone number below. Also, a typographical error in subrule 64.6(2) is being corrected.

The fee structure of the current permits has been retained.

Any interested party may make written comments on the proposed amendments on or before June 4, 2002. Written comments should be directed to Stormwater Permit Coordinator, Department of Natural Resources, Wallace State Office Building, 502 E. 9th Street, Des Moines, Iowa 50319; fax (515)281–8895. Persons who wish to convey their views orally should contact the Stormwater Permit Coordinator at (515)281–7017 or at the Department’s offices on the fifth floor of the Wallace State Office Building.

A public hearing will be held on June 4, 2002, at 1:30 p.m. in the Fifth Floor East Conference Room of the Wallace State Office Building, at which time comments may be presented orally or submitted in writing.

Anyone who plans to attend the public hearing and has special requirements such as hearing or mobility impairments should contact the Stormwater Permit Coordinator and advise of the special needs.

These amendments are intended to implement Iowa Code chapter 455B, division I.

The following amendments are proposed.

ITEM 1. Amend subrule 64.6(2) as follows:

64.6(2) Authorization to discharge under a general permit. Upon the submittal of a complete Notice of Intent in accordance with 64.6(1) and 64.3(4)“b,” the applicant is authorized to discharge, unless notified by the department to the contrary. The discharge authorization date for all storm water discharges associated with industrial activity that are in existence on or before October 1, 1997 1992, shall be October 1, 1997 1992. The applicant will receive notification by the department of coverage under the general permit. If any of the items required for filing a Notice of Intent specified in 64.6(1) are missing, the department will consider the application incomplete and will notify the applicant of the incomplete items.

ITEM 2. Amend subrules 64.15(1) to 64.15(3) as follows:

64.15(1) Storm Water Discharge Associated with Industrial Activity, NPDES General Permit No. 1, effective October 1, 1997 2002, to October 1, 2002 2007. Facilities assigned Standard Industrial Classification codes 1442, 2951, 3273, and those facilities assigned Standard Industrial Classification codes 1422 and 1423 which are engaged primarily in rock crushing are not eligible for coverage under General Permit No. 1.

64.15(2) Storm Water Discharge Associated with Industrial Activity for Construction Activities, NPDES General Permit No. 2, effective October 1, 1997 2002, to October 1, 2002 2007.

a. to c. No change.

64.15(3) Storm Water Discharge Associated with Industrial Activity from Asphalt Plants, Concrete Batch Plants, Rock Crushing Plants, and Construction Sand and Gravel Facilities, NPDES General Permit No. 3, effective October 1, 1997 2002, to October 1, 2002 2007. General Permit No. 3 authorizes storm water discharges from facilities primarily engaged in manufacturing asphalt paving mixtures and which are classified under Standard Industrial Classification 2951, primarily engaged in manufacturing Portland cement concrete and which are classified under Standard Industrial Classification 3273, those facilities assigned Standard Industrial Classifications 1422 or 1423 which are primarily engaged in the crushing, grinding or pulverizing of limestone or granite, and construction sand and gravel facilities which are classified under Standard Industrial Classification 1442. General Permit No. 3 does not authorize the discharge of water resulting from dewatering activities at rock quarries.

Pursuant to the authority of Iowa Code sections 455B.105 and 455B.173, the Environmental Protection Commission hereby gives Notice of Intended Action to rescind Chapter 82, “Well Contractor Certification,” Iowa Administrative Code, and adopt a new Chapter 82 with the same title.

The proposed rules:

1. Create a new category of “certified well plugging contractor” for contractors that plug only large diameter wells;

2. Increase renewal fees for well contractors and add a fee for renewal without CEUs;

3. Allow the well contractor certification test to be taken by county sanitarians (this would not allow them to become certified contractors unless they meet all of the well contractor qualifications);

4. Change the allowance for oral examination and allow for reasonable accommodation;

5. Decrease the CEU requirements for certified well drillers; and

6. Establish CEU requirements for certified well pluggers.

Any interested person may comment on the proposed amendment prior to June 7, 2002. Written materials should be directed to Brent Parker, Water Supply Section, Department of Natural Resources, 401 SW 7th Street, Suite M,Des Moines, Iowa 50319–4611; fax (515)725–0348, E–mail Brent.Parker@dnr.state.ia.us.

Interested persons are also invited to present oral or written comments at public hearings which will be held as follows:

June 4, 2002 1 to 4 p.m.

Conference Rooms, Suite I

Water Supply Section

401 SW 7th St.

Des Moines

June 5, 2002 11 a.m. to 2 p.m.

Conference Room

Atlantic Municipal Utilities

15 West 3rd

Atlantic

June 6, 2002 9 a.m. to 12 noon

Arrowhead Area Education Agency (AEA)

824 Flindt Dr.

Storm Lake

June 11, 2002 1 to 4 p.m.

Delaware County Community Center

200 E. Acres (Fairgrounds)

Manchester

June 12, 2002 1 to 4 p.m.

Helen Wilson Gallery

Washington Public Library

120 E. Main

Washington

June 13, 2002 12 noon to 3 p.m.

North Iowa Area Community College

Muse–Norris Conference Center

500 College Dr.

Mason City

Any person who intends to attend a public hearing and has special requirements such as hearing or mobility impairments should contact the Department and advise of specific needs.

Copies of relevant rules may be obtained from Cecilia Nelson, Records Center, Iowa Department of Natural Resources, Wallace State Office Building, 900 East Grand Avenue, Des Moines, Iowa 50319–0034 or may be viewed at the following Web site: http://www.legis.state.ia.us/Rules/ 2002/iac/gnac/gna1.pdf.

These rules may have an impact on small businesses.

These rules are intended to implement Iowa Code section 455B.190A.

The following amendment is proposed.

Rescind 567—Chapter 82 and adopt the following new chapter in lieu thereof:

CHAPTER 82
WELL CONTRACTOR CERTIFICATION

567—82.1(455B) Definitions. In addition to the definitions in Iowa Code sections 455B.171, 455B.190 and 455B.190A, which are hereby adopted by reference, the following definitions shall apply to this chapter:

“Certified well contractor” means a contractor certified to construct wells, install pitless adapters, and abandon wells.

“Class 1 well” means a well 100 feet or less in depth and 18 inches or more in diameter.

“Class 2 well” means a well more than 100 feet in depth or less than 18 inches in diameter or a bedrock well. Bedrock wells include:

1. Wells completed in a single confined aquifer;

2. Wells completed in a single unconfined aquifer; and

3. Wells completed in multiple aquifers.

“Class 3 well” means a sandpoint well or a well 50 feet or less in depth constructed by joining a screened drive point with lengths of pipe and driving the assembly into a shallow sand and gravel aquifer.

“Classification” means one of three levels of well contractor certification, designated as certified well contractor, provisionally certified well contractor or well plugging contractor. All three are referred to as “certified well contractor” in the following rules unless specifically identified otherwise.

“Continuing education unit (CEU)” means ten contact hours of participation in an organized education experience under responsible sponsorship, capable direction, and qualified instruction.

“Direct charge” means the certified well contractor at the well site responsible for ensuring that the well services are performed as required in 567—Chapters 38, 39, 43, 49 and 110.

“Director” means the director of the department of natural resources or a designee.

“Issuing agency” means a professional, technical/educational organization authorized by the department to provide continuing education for certification renewal inaccordance with the commitments and guidelines detailedin the written issuing agency agreement and procedures.

“Water well” means any excavation that is drilled, cored, bored, augered, washed, driven, dug, jetted, or otherwise constructed for the purpose of exploring for groundwater, monitoring groundwater, utilizing the geothermal properties of the ground, or extracting water from or injecting water into the aquifer. “Water well” does not include an open ditch or drain tiles or an excavation made for obtaining or prospecting for oil, natural gas, minerals, or products mined or quarried.

“Well plugging contractor” means a contractor certified to plug only class 1 or class 3 wells but not certified to abandon class 2 wells, construct wells, or install pitless adapters.

“Well services” means new well construction, well reconstruction, installation of pitless equipment, or well plugging.

82.2(1) Certified well contractor requirement. All well services provided on or after July 1, 1993, shall be performed by a well contractor who has been certified by the department pursuant to this chapter except that a person may construct or reconstruct a well, install pitless equipment or plug a well on the person’s own property without being certified. A well contractor shall notify the department or the county prior to drilling or reconstructing a well that does not have the required construction permits. A well contractor shall notify the department prior to drilling a well if the use of the water requires a water use allocation and the owner has not applied for or been issued a water use allocation.

82.2(2) Certified well contractor present. A certified well contractor shall be present at the well site and in direct charge of the well services being performed or provided.

82.2(3) Change of address. Any certified well contractor who possesses a certificate must report to the department a change in address within 30 days after the change.

82.3(1) Classifications. There shall be three classifications of certified well contractors:

a. Certified well contractor.

b. Provisionally certified well contractor.

c. Well plugging contractor.

82.3(2) Certified well contractor. In order to be certified as a certified well contractor, an applicant shall have met the experience requirements, successfully completed the well contractor certification test, been issued a certificate by the department, and renewed the certification in accordance with rules 82.10(455B) and 82.11(455B).

82.3(3) Provisionally certified well contractor. A provisionally certified well contractor does not meet all the experience requirements for a certified well contractor. In order to be a provisionally certified well contractor, an applicant shall:

a. Sign a statement on the application form that there is a shortage of certified well contractors;

b. Complete and submit an application documenting at least one year of work experience in well services performed under the direct supervision of a certified well contractor;

c. Include on the application a signature of a certified well contractor who employs the applicant for provisional certification. By signing the application, the certified well contractor certifies to be jointly liable for any violation of the rules regarding well services provided by the provisionally certified well contractor and that the violation is grounds for suspension or revocation of the certification of the certified well contractor and the provisionally certified well contractor; and

d. Receive a passing score on the written examination.

82.3(4) Change from provisionally certified well contractor to certified well contractor. The provisionally certified well contractor shall become a certified well contractor after the submission of an application showing all requirements for certification have been met and submission of appropriate fees to the department. The certificate for a provisionally certified well contractor will be issued for one year. The department will issue a certified well contractor certificate after the one–year period and the receipt of appropriate fees.

82.3(5) Well plugging contractor. In order to be certified as a well plugging contractor, an applicant shall take a four–hour training course designated by the department, successfully complete a well plugging test, be issued a certificate by the department, and renew the certification in accordance with rules 82.10(455B) and 82.11(455B).

567—82.4 Reserved.

567—82.5 Reserved.

567—82.6(455B) Experience requirements. All applicants shall meet the experience requirements as shown below.

567—82.7(455B) Certification and examination fees. The following fees are nonrefundable except as noted in 82.8(4).

82.7(1) Examination application fee. The examination application fee for each examination shall be $50.

82.7(2) Oral examination fee. The oral examination fee for each oral examination shall be $100.

82.7(3) Certification fees. The initial certification fee for certified well contractors shall be $75 for each one–half year of a two–year period from the date of issuance to June 30 of even–numbered years. The initial certification fee for well plugging contractors shall be $50 for each one–half year period from the date of issuance to June 30 of even–numbered years.

82.7(4) Provisional certified well contractor fee. The provisional certified well contractor fee shall be $150.

82.7(5) Penalty fee. The penalty fee shall be $100 for each 30 days in delinquency. The penalty fee is for late payment of the initial certification fee or renewal fee.

82.7(6) Certification renewal fees. The certification renewal fee for certified well contractors shall be $300 for the two–year period. The certification renewal fee for well plugging contractors shall be $200 for the two–year period.

82.7(7) Duplicate certificate fee. A currently certified well contractor may obtain a duplicate certificate upon payment of a $20 fee.

82.7(8) Recertification fee. Contractors who have not earned sufficient CEUs for certification renewal, and wish to recertify within four years after expiration of their certification, must retake and pass the written examination and pay a certification fee of $1000.

82.7(9) Fee adjustments. The department may adjust the fees annually by up to plus or minus 20 percent to cover costs of administering and enforcing these rules and reimbursement for other expenses relating to well contractor certification. The environmental protection commission must approve any fee increases above those listed in 82.7(1) through 82.7(8). The department shall retain all fees for administration of the well contractor certification program.

82.8(1) Examination application. All persons wishing to take the examination required to become a certified water well contractor shall complete the Water Well Contractor Certification Examination Application, Form 43970. A listing of dates and locations of examinations is available from the department upon request. The application form requires the applicant to indicate educational background, training and past experience in providing well services. The completed application and the application fee shall be sent to the director and addressed to Iowa Department of Natural Resources, Well Contractor Certification, 502 East Ninth Street, Des Moines, Iowa 50319–0034. Application for examination must be received by the department at least 30 days prior to the date of examination. The department may allow local county environmental health officials to take the written examination, even though they do not meet the work experience or training requirements, provided that they pay the examination fee. If they receive a passing score on the examination, they will receive a letter of acknowledgment, but will not be allowed to perform any work on a well or on abandoned wells.

82.8(2) Application evaluation. The director shall designate department personnel to evaluate all applications for examination, certification, and renewal of certification.

82.8(3) Application expiration. A properly completed application for examination will be valid for one year from the date the application is approved by the department.

82.8(4) Refund of examination application fee. The department may refund a portion of the examination application or reexamination application fee for an applicant who does not qualify for examination within one year of making the application. If the applicant will qualify for a scheduled examination within one year, the applicant will be notified when the examination may be taken and the fee will not be refunded.

82.8(5) Reexamination. Upon failure of the first examination, an applicant may be reexamined at the next scheduled examination. Upon failure of the second examination, the applicant shall be required to wait a period of 180 days between each subsequent examination.

82.8(6) Reexamination fee. Upon each reexamination when a valid application is on file, the applicant shall submit to the department the examination fee at least ten days prior to the date of examination.

82.8(7) Application invalidation. Failure to successfully complete the examination within one year from the date of approval of the application shall invalidate the application.

82.8(8) Retention of completed examination. Completed examinations will be retained by the director for a period of one year, after which they will be destroyed.

82.8(9) Oral examination. Upon written request by an applicant for well contractor certification, the director will consider the presentation of an oral examination on an individual basis when the applicant has failed the written examination at least twice, the applicant has shown difficulty in reading or understanding written questions but may be able to respond to oral questioning, the applicant is capable of communicating in writing with regard to departmental requirements and inquiries, and the director has received a written recommendation for an oral examination from a department staff member attesting to the operational and performance capabilities of the applicant. The director shall designate department personnel to administer the examination. The examination shall contain practical questions pertaining to groundwater law, well construction, well maintenance, and well abandonment.

82.8(10) Reasonable accommodation. Upon request for certification by an applicant, the director will consider on an individual basis reasonable accommodation to allow administration of the examination without discrimination on the basis of disability. The applicant shall request the accommodation 30 days prior to the date of the examination. The applicant must provide documentation of eligibility for theaccommodation. Documentation shall be submitted withthe completed examination application. Accommodations based on documentation may include site accessibility, oral examination, extended time, separate testing area, or other concerns. If a reasonable accommodation is considered to be an oral examination, the oral examination fee shall apply.

82.9(1) Examination requirement. All applicants for certification shall successfully complete and pass an examination prior to receiving certification.

82.9(2) Certification application time line. Application for certification must be received by the department within 30 days after the date the applicant receives notification of having passed the examination. All applications for certification shall be made on a form provided by the department and shall be accompanied by the certification fee.

82.9(3) Late certification application. Applications for certification by examination which are received more than 30 days but less than 60 days after the applicant receives notification of having passed the examination shall be accompanied by the certification fee and the penalty fee. Applicants who do not apply for certification within 60 days’ notice of having passed the examination will not be certified on the basis of that examination.

82.9(4) Denial appeal. Applicants may appeal a denial of certification within 30 days of receiving written notification, pursuant to 567—Chapter 7.

82.10(1) Renewal period. All certificates shall expire on June 30 of even–numbered years and must be renewed every two years in order to maintain certification.

82.10(2) Application for renewal. Application for renewal will be mailed to all certified well contractors 60 days prior to the expiration date of their certificates. Application for renewal must be made in accordance with this rule and the instructions on the form in order for the applicant to renew the certificate for the next two–year period. Application for renewal of a certificate without penalty must be received by the director or postmarked prior to the expiration of the certificate, and shall be accompanied by the certification renewal fee.

82.10(3) Late application. Late application for renewal of a certificate may be made provided that such late application shall be received by the director or postmarked within 60 days of the expiration of the certificate on forms provided by the department. Such late application shall be accompanied by the penalty fee and the certification renewal fee.

82.10(4) Failure to renew. If a certificate holder fails to renew within 60 days following expiration of the certificate, the right to renew the certificate automatically terminates. Certification may be allowed at any time following such termination provided that the applicant passes an examination. The applicant must then apply for certification in accordance with subrule 82.7(8) and rule 82.9(455B).

82.10(5) Expired certificate. A certified well contractor may not continue to provide well services after expiration of a certificate without renewal thereof.

82.11(1) CEU requirements. Continuing education must be earned during two–year periods between April 1 and March 31 of even–numbered years. A certified well contractor must earn 1.6 units or 16 contact hours during each two–year period. A well plugging contractor may be required to earn 0.2 units or 2 contact hours during each two–year period as determined by the department, provided the well plugging contractor is notified of the requirement at the beginningof the renewal period. Newly certified (previously uncertified) well contractors who are certified after April 1 of even–numbered years will not be required to earn CEUs until the next two–year period.

82.11(2) Certificate renewal. Only those certified well contractors fulfilling the continuing education requirements before the end of each two–year period (March 31) willbe allowed to renew their certificates. The certificates ofcertified well contractors not fulfilling the continuing education requirements shall expire on June 30 of every even–numbered year.

82.11(3) CEU approval. All activities for which continuing education credit will be granted must be approved by an accredited college or university, an issuing agency, or by the department, and shall be related to well services, relevant aspects of Iowa groundwater law, well construction, well maintenance, and well abandonment practices which protect groundwater and water supplies.

82.11(4) CEU extensions. The director may, in individual cases involving hardship or extenuating circumstances, grant an extension of time of up to six months within which to fulfill the minimum continuing education requirements. Hardship or extenuating circumstances include documented health–related confinement or other circumstances beyond the control of the certified well contractor which preventattendance at the required activities. All requests for ex–tensions must be made prior to March 31 of each even–numbered year.

82.11(5) CEU reporting. It is the certified well contractor’s personal responsibility to maintain a written record and to notify the department of the continuing education credit earned during the period. The continuing education credits earned during the period shall be shown on the application for renewal.

82.11(6) Alternative CEU requirements. A certified well contractor shall be deemed to have complied with the continuing education requirements of this rule during periods that the certified well contractor serves honorably on active duty in the military services, or for periods that the person is a government employee working as a well contractor and assigned to duty outside of the United States, or for other periods of active practice and absence from the state approved by the director.

82.12(1) Submission of records and samples. Each certified well contractor shall submit drilling records and drill cutting samples, when required, to the Geological Survey Bureau, Department of Natural Resources, Oakdale Campus, University of Iowa, Iowa City, Iowa 52242, telephone (319) 338–1575, or as otherwise directed by the department, as follows:

a. Within 30 days of completion of any water well used as part of a public water supply, a well used for withdrawal of water for which a permit is required by rule 567— 50.1(455B), or wells used to monitor groundwater quantity or quality required by the department if so directed by the geological survey bureau, department of natural resources. The certified well contractor must submit the drilling records and samples required by subrules 82.12(2) and 82.12(3).

b. Within 30 days of the completion of any water well used as part of a nonpublic water supply or other water wells used to access groundwater.

c. Prior to constructing a water well to be used as part of a nonpublic water supply or other water well used to access groundwater, the certified well contractor must contact the local health department in the county in which the water well is to be located to determine if submittal of drill cutting samples is required.

82.12(2) Drilling records. Drilling records must be submitted on the water well driller’s log form provided by the geological survey bureau, department of natural resources.

82.12(3) Water well log. The water well driller’s log shall include the following:

a. Location and legal description (quarter section, section number, township, range and county).

b. Reference point for all depth measurements.

c. Depth at which each significant change of formation occurs.

d. Depth at which pump is set, the nonpumping and pumping water levels in the well measured from the land surface, and the rate and duration the well was pumped.

e. Identification of the material of which each significant stratum is composed.

f. Depth at which hole diameters (bit sizes) change.

g. Normal hole diameter of the well bore.

h. Total depth of the completed hole.

i. Depth or location of any lost drilling fluids, drilling materials, or tools.

j. Casing depth, grouting schedule, including materials used and method of placement, and description of the well casing and liner pipe.

k. Description of well screens including diameter, length, material slot sizes, amount of open area, and location in well.

l. Description of physical and chemical well development activities.

82.12(4) Cutting samples. Drill cutting samples shall be collected at intervals of 5 feet and at each pronounced change in geological formation. The geological survey bureau, department of natural resources, will provide drill cutting bags.

82.12(5) Test pumping. Certified well contractors shall provide the requested test pumping data for water wells used as part of a public water supply pursuant to 567—subrule 41.12(2) and for water wells utilized as part of a regulated water use pursuant to 567—subrule 50.6(1).

82.13(1) Reasons for disciplinary action. Disciplinary action may be taken against a certified well contractor on any of the grounds specified in Iowa Code section 455B.190A and the following more specific grounds: (Iowa Code section 455B.109 authorizes the assessment of administrative penalties for violations of Iowa Code chapter 455B or rules, permits, and orders promulgated or issued pursuant to Iowa Code chapter 455B. The department will follow 567— Chapter 10 for assessing such penalties.)

a. Knowingly making any false statement, representation, or certification on any application, record, report or document required to be maintained or submitted under any applicable permit or rule of the department.

b. Failure to renew certification.

c. Failure to obtain required continuing education units.

d. Failure to submit required drill cutting samples, rec–ords or other reports required under applicable permits or rules of the department, including failure to submit complete records or reports.

e. Failure to use reasonable care or judgment or to apply knowledge or ability in performing the duties of a certified well contractor.

f. Violation of well construction standards or other requirements contained in 567—Chapters 38, 39, 43, 49 and 110.

g. Failure to advise a person for whom well services are being provided that a hazardous or potentially hazardous condition, as defined in Iowa Code section 455B.381(2), has been encountered.

h. Knowingly causing or allowing a hazardous or potentially hazardous condition due to well construction to exist.

82.13(2) Disciplinary sanctions allowable are:

a. Revocation of a certificate. Revocation of a certificate may be permanent without chance of recertification or it may be for a specified period of time.

b. Partial revocation or suspension. Revocation or suspension of the practice of a particular aspect of the contractor’s responsibility.

c. Probation. Probation under specified conditions relevant to the specific grounds for disciplinary action. Additional education or training or reexamination may be required as a condition of probation. Reexamination may include written and oral examinations.

d. Fees. The department shall determine which fees in rule 82.7(455B) apply.

82.13(3) Procedure.

a. The director shall initiate disciplinary action. The director may investigate any alleged factual situation that may be grounds for disciplinary action under subrule 82.13(1) and report the results of the investigation to the commission.

b. The director may issue an administrative order that may assess a penalty or refer a case to the attorney general for prosecution for any disciplinary action.

c. Written notice by certified mail shall be provided to a certified well contractor or well plugging contractor against whom disciplinary action is being considered. The certified well contractor or plugging contractor will be given 20 days’ advance notice that an informal hearing has been scheduled before the commission. The notice will provide the specific date, time, and place, at which time the commission will hold the informal hearing to determine whether a formal hearing is warranted or whether informal resolution can be reached. The certified well contractor or well plugging contractor may present any relevant facts and indicate the certified well contractor’s or well plugging contractor’s position in the matter.

d. A certified well contractor or well plugging contractor who receives notice of an informal hearing shall communicate orally or in writing with the director, and efforts shall be made to clarify the respective positions of the certified well contractor or well plugging contractor and the director. The staff may present a recommendation to the commission at the informal hearing concerning disciplinary sanctions.

e. Failure to attend the informal hearing or otherwise communicate facts and position relevant to the matter by the scheduled date will be considered by the commission when determining whether a formal hearing is warranted.

f. If agreement as to appropriate disciplinary sanction, if any, can be reached with the certified well contractor or well plugging contractor, and the commission concurs, a written stipulation and settlement between the department and the certified well contractor or well plugging contractor shall be entered. The stipulation and settlement shall recite the basic facts and violations alleged, any facts presented by the certified well contractor or well plugging contractor and the reasons for the particular sanctions imposed.

g. If the commission determines that no disciplinary action is warranted on the facts asserted, the certified well contractor or well plugging contractor shall be notified of the decision in writing.

h. If the commission determines that an opportunity for formal hearing is required to impose any disciplinary sanction specified in subrule 82.13(2), the director shall proceed in accordance with 567—Chapter 7.

567—82.14(455B,272C) Revocation of certificates. Upon revocation of a certificate in accordance with the authority provided in Iowa Code section 455B.190A, application for certification may be allowed after two years from the date of revocation. Any such applicant must pass an examination and be certified in the same manner as other applicants. The department may require the applicant to take and pass a written and oral examination in order to become recertified. The department will decide which fees in rule 82.7(455B) will apply.

These rules are intended to implement Iowa Code sections 455B.187 and 455B.190A.

Pursuant to the authority of Iowa Code section 68B.32A, the Iowa Ethics and Campaign Disclosure Board hereby gives Notice of Intended Action to amend Chapter 4, “Campaign Disclosure Procedures,” Iowa Administrative Code.

These proposed amendments reflect statutory amendments in 1999 Iowa Acts, chapter 136, by removing references to “support or oppose” and inserting “expressly advocating.” The proposed amendments also reflect statutory amendments in 2002 Iowa Acts, House File 2538, by raising the financial threshold for the registration of a campaign “committee” from $500 to $750.

These amendments do not provide for waivers as the amendments are required by statute.

Any interested person may make written comment on the proposed amendments on or before June 4, 2002. Comments should be directed to Charlie Smithson, Iowa Ethics and Campaign Disclosure Board, 514 E. Locust, Suite 104, Des Moines, Iowa 50309. Persons who wish to comment orally should contact Charlie Smithson at (515)281–3489.

These amendments are intended to implement Iowa Code chapters 56 and 68B.

The following amendments are proposed.

ITEM 1. Amend subrule 4.1(1) as follows:

4.1(1) Persons subject to requirement. Every committee shall file a statement of organization (Form DR–1) within ten days from the date of its organization. The forms shall be typewritten or printed legibly in black ink.

a. “Committee” defined. A “committee” includes a “candidate’s committee,” which is the entity required to be created when a candidate has exceeded the $500 $750 organizational threshold, even though the organization may consist only of the candidate. A “committee” also includes a “political committee,” which is the entity required to be created when two or more individuals have exceeded the $500 $750 organizational threshold for permanent or temporary political purposes.

b. When organization occurs; financial thresholds. At the latest, organization is construed to have occurred as of the date that the committee first exceeded $500 $750 of financial activity in a calendar year in any of the following categories: contributions received (aggregate of monetary and in–kind contributions); expenditures made; or indebtedness incurred.

c. Permanent organizations temporarily engaging in activity for political purposes. The requirement to file the statement of organization applies to an entity which comes under the definition of a “political committee” because it is an association, lodge, society, cooperative, union, fraternity, sorority, educational institution, civic organization, labor organization, religious organization, professional organization or other permanent organization which temporarily engages in political activity by accepting contributions in excess of $500 $750 in the aggregate, making expenditures in excess of $500 $750 in the aggregate, or incurring indebtedness in excess of $500 $750 in the aggregate in any one calendar year for the purpose of supporting or opposing expressly advocating the election or defeat of a candidate for public office, or for the purpose of supporting or opposing expressly advocating the passage or defeat of a ballot issue.

ITEM 2. Amend subrules 4.25(1) and 4.25(3) as follows:

4.25(1) Entities which have not passed financial threshold. An entity which is not subject to the Iowa campaign disclosure law because it has not yet exceeded the $500 $750 financial threshold as defined in subrule 4.1(1), but which files a statement of organization which indicates the support or opposition express advocacy of the election or defeat of candidates or support or opposition the express advocacy of the passage or defeat of a ballot issue shall be referred to as a “voluntary committee.” A “voluntary committee” will not be considered to be delinquent for failure to comply with filing deadlines unless the entity later becomes subject to the mandatory filing of reports because it has exceeded the financial threshold. If the entity remains under the financial threshold, any documents filed by the entity shall be marked as “voluntary” and kept in the active committee files until: (1) the entity files a notice of dissolution; (2) the entity files a signed statement indicating that the “voluntary committee” has discontinued the use of its funds for political purposes, and that the financial threshold was not and will not be exceeded during the calendar year; or (3) the board orders the committee’s file to be removed from the active committee files and placed in the inactive committee files. Upon receipt of an initial report from the entity indicating that the financial threshold has not yet been exceeded, or upon receipt of an initial signed statement from the committee indicating that a report will not be filed because the threshold has not been exceeded, the board staff shall notify the “voluntary committee” of the provisions and requirements of this subrule and subrule 4.25(2).

4.25(3) Entities which support or oppose public policy or legislative issues. An entity which is not subject to the Iowa campaign disclosure law because it has not yet exceeded the $500 $750 financial threshold, as defined in subrule 4.1(1), but which files a statement of organization which does not indicate the support or opposition express advocacy of candidates or a ballot issue, but rather indicates support or opposition of a public policy or legislative issue shall be referred to as an “issue advocacy committee.” Documents filed by an entity which is an “issue advocacy committee” shall be marked as “voluntary” but shall not be maintained with open or inactive committee files, nor shall the entity be considered to be delinquent for failure to comply with filing deadlines. Upon receipt of a statement of organization from an “issue advocacy committee,” the board staff shall notify the entity that it is not subject to the campaign disclosure law and that reports from the entity will not be maintained with political committee files.

ITEM 3. Amend rule 351—4.38(56,68B) as follows:

351—4.38(56,68B) Information to be included on initial report. The first report filed by a committee after that committee has crossed the $500 $750 activity threshold and fileda statement of organization shall include the relevant financial information covering the period from the beginning of the committee’s financial activity, even if from a different calendar year, through the end of the current reporting period. The prior activity shall be reported as follows:

1. 4.38(1) If funds are available to a candidate’s committee from a prior candidacy of that candidate, or to a ballot issue committee from a prior effort on a ballot issue, when the prior candidacy or effort had not exceeded the $500 $750 reporting threshold, the carryover balance shall be reflected on the first report as an entry on Schedule A – Contributions as net sum of the prior activity, identifying the transaction as a carryover balance with a brief description of the prior election activity, including the date and purpose of the election. The description shall state whether or not any of the financial activity during the three calendar years preceding the report included the receipt of one or more contributions totaling more than $500 $750 from any one source. If so, the committee shall attach an addendum to the schedule which contains the name(s) and address(es) of that (those) contributor(s), and the date(s) and amount(s) of that (those) contribution(s).

2. 4.38(2) Financial activity not directly related to a ballot issue, such as efforts to encourage or discourage signatures on a petition to place an issue on the ballot, is not normally reportable under Iowa Code chapter 56. However, if a committee formed to engage in election advocacy on the ballot issue has use of the carryover funds of that preballot issue activity, the carryover balance shall be reflected on the first report as an entry on Schedule A – Contributions as net sum of the prior activity, identifying the transaction as a carryover balance with a brief description of the activity which occurred prior to the issue’s being certified for placement on the ballot. The description shall state whether or not any of the financial activity during the three calendar years preceding the report included the receipt of one or more contributions totaling more than $500 $750 from any one source. If so, the committee shall attach an addendum to the schedule which contains the name(s) and address(es) of that (those) contributor(s), and the date(s) and amount(s) of that (those) contribution(s).

3. 4.38(3) All financial activity, both contributions and expenditures, which occurs after a person has become a candidate for the current election by taking some affirmative action to seek nomination or election to public office, but prior to exceeding the $500 $750 activity threshold, shall be fully reported in compliance with Iowa Code section 56.6(3).

4. 4.38(4) All financial activity, both contributions and expenditures, which occurs after an issue has become a ballot issue by being certified by the appropriate governmental unit for placement on the ballot, but prior to exceeding the $500 $750 activity threshold, shall be fully reported in compliance with Iowa Code section 56.6(3).

This rule is intended to implement Iowa code section 56.6(4).

ITEM 4. Amend rule 351—4.53(56,68B) as follows:

351—4.53(56,68B) Permanent organizations which become temporary political committees. When a permanent organization which is not a political committee engages in political activities by accepting contributions, making expenditures or incurring debts in the aggregate of more than $500 $750 in a calendar year, the organization is required to file a statement of organization and one or more disclosure reports. Covered activities include direct and indirect contributions,

in–kind contributions and independent expenditures. If the committee uses only existing funds and does not accept money from other sources, no separate banking account is required.

If the board staff discovers that a permanent organization has become subject to the provisions of Iowa Code chapter 56 by virtue of having made a contribution of over $500 $750 for a political purpose but did not timely organize a committee or file one or more disclosure reports, the board staff will send notification of the organizational and reporting requirements of Iowa Code chapter 56, as well as notice of routine penalty assessments for apparent late reporting violations. However, a committee which receives a contribution from a permanent organization which causes the permanent organization to become subject to the provisions of Iowa Code chapter 56 may assist the permanent organization in meeting the requirements of the law, and may refund all or part of a contribution to the permanent organization so as to reduce the expenditure by the permanent organization to $500 $750 or less, and remove the organization’s obligations under Iowa Code chapter 56.

ITEM 5. Amend subrules 4.70(2) through 4.70(5) as follows:

4.70(2) Full form statement—individual. If the advertising or material is paid for by an individual acting independently, and the individual has exceeded $500 $750 in expenditures (other than contributions) for the political purpose advocated by the advertising or material, the statement shall contain the words “Paid for by” followed by the full name and complete address (street or box number/city/state/ZIP code) of the person. The full name and address shall be included in this statement even if the name and address of the person appear elsewhere on the advertising or material.

4.70(3) Full form statement—candidate who spends less than $500 $750. Advertising or material paid for by a candidate who has not organized a committee because the candidate has raised or spent less than $500 $750 in support advocacy of the candidacy shall contain the same information as required for an individual under subrule 4.70(2). In addition, after the full name, the candidate may choose to include words identifying that this is the candidate, such as “first name, last name, Candidate.”

4.70(4) Full form statement—corporation involved in a ballot issue election. If the advertising or other material is paid for by a corporation involved in a ballot issue, but the corporation has not organized a committee because it has not exceeded $500 $750 in activity with regard to the ballot issue, the statement shall contain the full name and address of the corporation, as well as the name and office designation of one officer of the corporation.

4.70(5) Full form statement with additional language requirement for organizations other than corporations and registered committees. If the advertising or other material is paid for by an informal association or organization of persons which has not organized a committee because it has not exceeded $500 $750 for a political purpose, but which is not a corporation, the statement shall contain the full name and address of the association or organization, the name and office designation of one officer of the association or organization, and the statement, “This association (or organization) is not incorporated and is not a registered committee.” In the alternative, an association or group may use the statement method provided in subrule 4.70(6).

ITEM 6. Amend rule 351—4.87(56,68B) as follows:

351—4.87(56,68B) Political corporations required to file disclosure reports. A political corporation which accepts contributions, makes expenditures or incurs indebtedness in the aggregate of more than $500 $750 in any one calendar year for the purpose of supporting or opposing expressly advocating the election or defeat of a candidate for public office or the passage or defeat of a ballot issue is deemed to be a political committee subject to the reporting requirements of Iowa Code sections 56.5 and 56.6. A political corporation not domiciled in Iowa which is currently filing full reports of activities with another state disclosure agency or with the Federal Election Commission may file verified statement registration forms in lieu of full disclosure reports.

Pursuant to the authority of Iowa Code section 68B.32A, the Iowa Ethics and Campaign Disclosure Board hereby gives Notice of Intended Action to amend Chapter 4, “Campaign Disclosure Procedures,” and Chapter 11, “Personal Financial Disclosure,” Iowa Administrative Code.

Currently, a campaign committee is permitted to file a disclosure report by fax so long as the original is filed within ten days. Similarly, an executive branch candidate, official, or employee who is required to file a personal financial disclosure statement is permitted to file the statement by fax so long as the original is filed within ten days. The proposed amendments would remove the requirement that originals be filed within ten days of faxed filings. Due to the increased quality of fax machines and the growing acceptance of faxed documents serving as originals, the Board believes this requirement is no longer necessary.

These amendments do not provide for waivers as the subrules are being rescinded and no obligations on the regulated community are being proposed.

Any interested person may make written comment on the proposed amendments on or before June 4, 2002. Comments should be directed to Charlie Smithson, Iowa Ethics and Campaign Disclosure Board, 514 E. Locust, Suite 104, Des Moines, Iowa 50309. Persons who wish to comment orally should contact Charlie Smithson at (515)281–3489.

These amendments are intended to implement Iowa Code chapters 56 and 68B.

The following amendments are proposed.

ITEM 1. Amend rule 351—4.23(56,68B) by rescinding subrule 4.23(3).

ITEM 2. Amend rule 351—11.4(68B) by rescinding subrule 11.4(3).

Pursuant to the authority of Iowa Code section 68B.32A, the Iowa Ethics and Campaign Disclosure Board hereby gives Notice of Intended Action to amend Chapter 4, “Campaign Disclosure Procedures,” and Chapter 6, “Civil Penalties,” Iowa Administrative Code.

An out–of–state political committee making a contribution to an Iowa committee may file a verified statement of reg–istration (VSR) in lieu of registering a committee in Iowa. Currently, a VSR must be filed within 10 days of making the contribution. However, by statute a contribution must be rendered to the recipient committee within 15 days of the date of the contribution. This difference in the number of days creates confusion for the out–of–state committees. The proposed amendments would require a VSR to be filed within 15 days from the date of the contribution. The proposed amendments also reflect current Board policies.

Civil penalties assessed by rule for a late–filed VSR are subject to a petition for waiver.

Any interested person may make written comment on the proposed amendments on or before June 4, 2002. Comments should be directed to Charlie Smithson, Iowa Ethics and Campaign Disclosure Board, 514 E. Locust, Suite 104, Des Moines, Iowa 50309. Persons who wish to comment orally should contact Charlie Smithson at (515)281–3489.

These amendments are intended to implement Iowa Code chapters 56 and 68B.

The following amendments are proposed.

ITEM 1. Amend rule 351—4.48(56,68B), introductory paragraph, as follows:

351—4.48(56,68B) Contributions from political committees not organized in Iowa. Iowa candidates’ committees and other political committees may receive contributions from committees outside Iowa, and committees outside Iowa may contribute to Iowa candidates’ committees and other political committees provided one of the specified procedures is followed:

ITEM 2. Amend subrule 4.48(2), introductory paragraph, as follows:

4.48(2) In lieu of filing a statement of organization and regular disclosure reports as required by Iowa Code sections 56.5 and 56.6, the out–of–state committee may shall send a verified (sworn) statement registration form (a “VSR”) with the contribution, and shall also send file a copy to with the board or county commissioner of elections. The VSR forms may be obtained from the board or county commissioners of elections. The requested information VSR shall include:

ITEM 3. Amend paragraph 4.48(2)“i” as follows:

i. An attested statement that the jurisdiction under which the out–of–state committee is registered or operates has reporting requirements which that are substantially similar to those of Iowa Code chapter 56 and that the contribution is made from an account which that does not accept contributions which would be in violation of prohibited by Iowa Code section 56.15,. The VSR shall be signed by the treasurer or chairperson or filed electronically as provided by the board.

A properly completed VSR shall relieve an out–of–state committee from other disclosure filing requirements of Iowa Code chapter 56.

ITEM 4. Amend subrule 4.48(3) as follows:

4.48(3) Out–of–state committees which determine that An out–of–state committee determining that the jurisdiction under which the committee is registered or operates does not have reporting requirements which are substantially similar to those of Iowa Code chapter 56 may choose to comply by enhancing their the committee’s filing in the other jurisdiction. The enhanced filing shall meet the reporting requirements of chapter 56 for the reporting period in which that contributions to an Iowa candidate committee are made. The report shall cover a period of at least one month. An out–of–state committee choosing this option shall comply with the VSR procedures in subrule 4.13(2) 4.48(2) and attach a signed statement that the report has been or will be enhanced to satisfy the Iowa reporting requirements.

ITEM 5. Amend subrule 6.2(5) as follows:

6.2(5) Late–filed verified statements of registration. The board shall routinely assess and collect monetary penalties against committees which that are organized in a jurisdiction other than Iowa and which choose to file a verified statement of registration (VSR) as provided in Iowa Code section 56.5 and rule 351—4.48(56,68B), but are delinquent in filing the VSR. A VSR is considered delinquent if it is not received on or before the tenth fifteenth day after the date of the contribution, or mailed bearing a United States Postal Service postmark dated on or before the tenth fifteenth day after the contribution. A flat late penalty of $25 shall be assessed for late–filed VSRs, except that if it is a repeat delinquency by the same committee in a 12–month period, the flat late penalty shall be $50. However, if the VSR is not filed within ten 15 days after notice of the delinquency is sent to the committee by the board, the amount of the late–filing penalty shall increase to $100 for a first–time delinquency, or to $200 for a repeat delinquency by the same committee within a 12–month period. A VSR which is not filed within 45 days after the notice is sent by the board shall be referred to as an extreme delinquency and shall be subject to the provisions of subrule 6.2(4). In addition, a an Iowa committee which that has received a contribution from a committee which that has failed to file a VSR may be required to return the contribution.

For purposes of this subrule, “date of the contribution” means the day, month and year the contribution check is dated. If the board deems it necessary, a copy of any check may be required to be filed with the board. When a copy of a check is required to be filed with the board, said copy shall be filed within ten 10 days of notice by the board.

Pursuant to the authority of Iowa Code section 68B.32A, the Iowa Ethics and Campaign Disclosure Board hereby gives Notice of Intended Action to amend Chapter 4, “Campaign Disclosure Procedures,” Iowa Administrative Code.

Rule 351—4.50(56,68B) provides that a campaign committee must disclose transactions involving the forgiveness of campaign loans and debts. The rule also provides that campaign loans and debts must be charged interest and that monthly payments be made. The proposed amendment rescinds the rule, as the procedure used for disclosing transactions involving campaign loans and debts is detailed in other rules. In addition, the Board believes that whether or not interest is charged on a campaign loan or debt and the time–frame for repaying the obligation should be decided by the lender and the campaign committee and not imposed by the Board.

The amendment does not provide for waiver as the rule is being rescinded and no obligation on the regulated community is being proposed.

Any interested person may make written comment on the proposed amendment on or before June 4, 2002. Comments should be directed to Charlie Smithson, Iowa Ethics and Campaign Disclosure Board, 514 E. Locust, Suite 104, Des Moines, Iowa 50309. Persons who wish to comment orally should contact Charlie Smithson at (515)281–3489.

This amendment is intended to implement Iowa Code chapters 56 and 68B.

The following amendment is proposed.

Rescind and reserve rule 351—4.50(56,68B).

Pursuant to the authority of Iowa Code sections 17A.3 and 147.76, the Board of Nursing terminates the rule making initiated by its Notice of Intended Action published in the Iowa Administrative Bulletin on March 20, 2002, as ARC 1470B, proposing to adopt an amendment to Chapter 3, “Licensure to Practice—Registered Nurse/Licensed Practical Nurse,” Iowa Administrative Code.

The Notice proposed to amend Chapter 3 by increasing license fees based on the cost of sustaining the Board and the actual costs of licensing.

The Board is terminating the rule making commenced in ARC 1470B because changes to the Iowa Code are needed to allow the Board to retain revenue from a fee increase.

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

This amendment identifies fees that are retained by the Board as repayment receipts in accordance with Iowa Code section 8.2.

Any interested person may make written comments or suggestions on or before June 4, 2002. Such written materials should be directed to the Executive Director, Iowa Board of Nursing, RiverPoint Business Park, 400 S.W. 8th Street, Suite B, Des Moines, Iowa 50309–4685. Persons who want to convey their views orally should contact the Executive Director at (515)281–3256, or in the Board office at 400 S.W. 8th Street, by appointment.

This amendment is intended to implement Iowa Code section 8.2.

The following amendment is proposed.

Amend rule 655—3.1(17A,147,152,272C) by adopting the following new definition in alphabetical order:

“Repayment receipts” means those moneys collected by a department or establishment that supplement an appropriation made by the legislature. Repayment receipts, as defined in Iowa Code section 8.2, apply to the definition of “Fees,” paragraphs “5,” “6,” “9,” “12,” and “13” of this rule.

Pursuant to the authority of Iowa Code section 147.76, the Board of Optometry Examiners hereby gives Notice of Intended Action to rescind Chapter 179, “Board of Optometry Examiners,” and adopt new Chapter 179, “Administrative and Regulatory Authority for the Board of Optometry Examiners”; amend Chapter 180, “Licensure of Optometrists,” and Chapter 181, “Continuing Education for Optometrists”; and renumber Chapter 182, “Discipline for Optometrists,” and Chapter 183, “Fees,” as Chapter 183 and Chapter 184, and adopt new Chapter 182, “Practice of Optometrists,” Iowa Administrative Code.

The proposed amendments rescind the current rules about the organization and purpose of the Board and adopt new rules on the purpose of the Board, organization and proceedings of the Board, official communication, office hours, and public meetings. The proposed amendments also move definitions concerning optometry from Chapter 179 to Chapter 180, and establish a new Chapter 182 covering the practice of optometrists.

The Division revised these rules in accordance with Executive Order Number 8. Division 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 amendments no later than June 5, 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 June 5, 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 amendments.

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

The following amendments are proposed.

ITEM 1. Rescind 645—Chapter 179 and adopt the following new chapter in lieu thereof:

CHAPTER 179
ADMINISTRATIVE AND REGULATORY AUTHORITY
FOR THE BOARD OF OPTOMETRY EXAMINERS

“Board” means the board of optometry 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 optometry.

“Licensee” means a person licensed to practice as an optometrist in the state of 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—179.2(17A) Purpose of board. The purpose of the board is to administer and enforce the provisions of Iowa Code chapters 17A, 147, 154 and 272C with regard to the practice of optometry. 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:

179.2(1) Licensing qualified applicants by examination, renewal, endorsement, and reciprocity.

179.2(2) Developing and administering a program of continuing education to ensure the continued competency of individuals licensed by the board.

179.2(3) Imposing discipline on licensees as provided by statute or rule.

179.3(1) The board is composed of seven members appointed by the governor and confirmed by the senate.

179.3(2) The members of the board shall include five members who are licensed to practice optometry and two members who are not licensed to practice optometry and who shall represent the general public.

179.3(3) The board shall elect a chairperson, vice chairperson, and secretary from its membership at the first meeting after April 30 of each year.

179.3(4) The board shall hold at least one meeting annually.

179.3(5) A majority of the members of the board shall constitute a quorum.

179.3(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.

179.3(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.

179.3(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 optometry upon receipt of a complaint or upon the board’s own initiative. The investigation will be based on information or evidence received by the board.

f. Initiate and impose licensee discipline.

g. Monitor licenses that are restricted by a board order.

h. Establish and register peer reviewers.

i. Refer complaints 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.

179.4(1) All official communications, including submissions and requests, may be addressed to the Board of Optometry Examiners, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319–0075.

179.4(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.

179.4(3) Notice of change of name. Each licensee shall notify the board of any change in name within 30 days after changing the name. Notification requires a notarized copy of a marriage license or a notarized copy of court documents.

645—179.5(17A) Office hours. The board office is open for public business from 8 a.m. to 4:30 p.m., Monday through Friday of each week, except holidays.

645—179.6(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.

179.6(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.

179.6(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, 154 and 272C.

ITEM 2. Amend rule 645—180.1(154) by adopting the following new definitions in alphabetical order:

“Diagnostically certified optometrist” means an optometrist who is licensed to practice optometry in Iowa and who is certified by the board of optometry examiners to use cycloplegics, mydriatics and topical anesthetics as diagnostic agents topically applied to determine the condition of the human eye for proper optometric practice or referral for treatment to a person licensed under Iowa Code chapter 148 or 150A.

“DPA” means diagnostic pharmaceutical agents.

“Therapeutically certified optometrist” means an optometrist who is licensed to practice optometry in Iowa and who is certified by the board of optometry examiners to use diagnostic and therapeutic pharmaceutical agents for the purpose of diagnosis and treatment of the conditions of the human eye and adnexa, excluding the use of oral Imuran or oral Methotrexate, and who may remove superficial foreign bodies from the human eye and adnexa.

“TPA” means therapeutic pharmaceutical agents.

ITEM 3. Amend rule 645—181.9(154,272C) as follows:

645—181.9(154,272C) Continuing education waiver exemption for disability or illness. The board may, in individual cases involving physical disability or illness, grant waivers exemptions of the minimum 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 shall be 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 4. Renumber 645—Chapter 182 and 645—Chapter 183 as 645—Chapter 183 and 645—Chapter 184 and adopt the following new 645—Chapter 182:

CHAPTER 182
PRACTICE OF OPTOMETRISTS

645—182.1(154) Code of ethics. The board hereby adopts by reference the Code of Ethics of the American Optometric Association as published by the American Optometric Association, 243 North Lindbergh Boulevard, St. Louis, Missouri 63141, revised 1944.

645—182.2(154,272C) Record keeping. Optometrists shall maintain patient records in a manner consistent with the protection of the welfare of the patient. Records shall be permanent, timely, accurate, legible, and easily understandable.

182.2(1) Optometrists shall maintain optometry records for each patient. The records shall contain all of the following:

a. Personal data.

(1) Name, date of birth, address and, if a minor, name of parent or guardian; and

(2) Name and telephone number of person to contact in case of emergency.

b. Optometry and medical history. Optometry records shall include information from the patient or the patient’s parent or guardian regarding the patient’s optometric and medical history. The information shall include sufficient data to support the recommended treatment plan.

c. Patient’s reason for visit. When a patient presents with a chief complaint, optometric records shall include the patient’s stated visual health care reasons for visiting the optometrist.

d. Clinical examination progress notes. Optometric rec–ords shall include chronological dates and descriptions of the following:

(1) Clinical examination findings, tests conducted, and a summary of all pertinent diagnoses;

(2) Plan of intended treatment and treatment sequence;

(3) Services rendered and any treatment complications;

(4) All ancillary testing, if applicable;

(5) Vision tests completed and visual acuity;

(6) Name, quantity, and strength of all drugs dispensed, administered, or prescribed; and

(7) Name of optometrist who performs any treatment or service or who may have contact with a patient regarding the patient’s optometric health.

e. Informed consent. Optometric records shall include documentation of informed consent for procedure(s) and treatment that have potential serious complications and known risks.

182.2(2) Retention of records. An optometrist shall maintain a patient’s record(s) for a minimum of five years after the date of last examination, prescription, or treatment. Records for minors shall be maintained for, at minimum, one year after the patient reaches the age of majority (18) or five years after the date of last examination, prescription, or treatment, whichever is longer.

Proper safeguards shall be maintained to ensure the safety of records from destructive elements.

182.2(3) Electronic record keeping. The requirements of this rule apply to electronic records as well as to records kept by any other means. When electronic records are kept, an optometrist shall keep either a duplicate hard–copy record or a back–up unalterable electronic record.

182.2(4) Correction of records. Notations shall be legible, written in ink, and contain no erasures or white–outs. If incorrect information is placed in the record, it must be crossed out with a single nondeleting line and be initialed by an optometric health care worker.

182.2(5) Confidentiality and transfer of records. Optometrists shall preserve the confidentiality of patient records in a manner consistent with the protection of the welfare of the patient. Upon request of the patient or the patient’s new optometrist, the optometrist shall furnish such optometry rec–ords or copies of the records as will be beneficial for the future treatment of that patient. The optometrist may include a summary of the record(s) with the record(s) or copy of the record(s). The optometrist may charge a nominal fee for duplication of records, but may not refuse to transfer records for nonpayment of any fees. The optometrist may ask for a written request for the record(s).

182.2(6) Retirement or discontinuance of practice. A licensee, upon retirement, or upon discontinuation of the practice of optometry, or upon leaving a practice or moving from a community, shall notify all active patients in writing, or by publication once a week for three consecutive weeks in a newspaper of general circulation in the community, that the licensee intends to discontinue the practice of optometry in the community, and shall encourage patients to seek the services of another licensee. The licensee shall make reasonable arrangements with active patients for the transfer of patient records, or copies of those records, to the succeeding licensee. “Active patient” means a person whom the licensee has examined, treated, cared for, or otherwise consulted with during the two–year period prior to retirement, discontinuation of the practice of optometry, or leaving a practice or moving from a community.

182.2(7) Nothing stated in these rules shall prohibit a licensee from conveying or transferring the licensee’s patient records to another licensed optometrist who is assuming a practice, provided that written notice is furnished to all patients.

645—182.3(154) Furnishing prescriptions. Each contact lens or ophthalmic spectacle lens/eyeglass prescription by a licensed optometrist must meet the requirements as listed below:

182.3(1) A contact lens prescription shall contain the following information:

a. Date of issuance;

b. Name and address of patient for whom the contact lens or lenses are prescribed;

c. Name, address, and signature of the practitioner;

d. All parameters required to duplicate properly the original contact lens;

e. A specific date of expiration, not to exceed 18 months, the quantity of lenses allowed and the number of refills allowed; and

f. At the option of the prescribing practitioner, the prescription may contain fitting and material guidelines and specific instructions for use by the patient.

182.3(2) Release of contact lens prescription.

a. After the contact lenses have been adequately adapted and the patient released from initial follow–up care by the prescribing practitioner, the prescribing practitioner shall, upon request of the patient, provide a copy of the contact lens prescription, at no cost, for the duplication of the original contact lens.

b. A practitioner choosing to issue an oral prescription shall furnish the same information required for the written prescription except for the written signature and address of the practitioner. An oral prescription may be released by an O.D. to any dispensing person who is a licensed professional with the O.D., M.D., D.O., or R.Ph. degree or a person under direct supervision of those licensed under Iowa Code chapter 148, 150, 150A, 154 or 155A.

c. The issuing of an oral prescription must be followed by a written copy to be kept by the dispenser of the contact lenses until the date of expiration.

182.3(3) An ophthalmic spectacle lens prescription shall contain the following information:

a. Date of issuance;

b. Name and address of the patient for whom the ophthalmic lens or lenses are prescribed;

c. Name, address, and signature of the practitioner issuing the prescription;

d. All parameters necessary to duplicate properly the ophthalmic lens prescription; and

e. A specific date of expiration not to exceed two years.

f. A dispenser of ophthalmic materials, in spectacle or eyeglass form, must keep a valid copy of the prescription on file for two years.

182.3(4) Release of ophthalmic lens prescription.

a. The ophthalmic lens prescription shall be furnished upon request at no additional charge to the patient.

b. The prescription, at the option of the prescriber, may contain adapting and material guidelines and may also contain specific instructions for use by the patient.

c. Spectacle lens prescriptions must be in written format, according to Iowa Code section 147.109(1).

645—182.4(155A) Prescription drug orders. Each prescription drug order furnished by a therapeutically certified optometrist in this state shall meet the following requirements:

182.4(1) Written prescription drug orders shall contain:

a. The date of issuance;

b. The name and address of the patient for whom the drug is dispensed;

c. The name, strength, and quantity of the drug, medicine, or device prescribed;

d. The directions for use of the drug, medicine, or device prescribed;

e. The name, address, and written signature of the practitioner issuing the prescription;

f. The federal drug enforcement administration number, if required under Iowa Code chapter 124; and

g. The title “Therapeutically Certified Optometrist” following the name of the practitioner issuing the prescription.

182.4(2) The practitioner issuing oral prescription drug orders shall furnish the same information required for a written prescription, except for the written signature and address of the practitioner.

These rules are intended to implement Iowa Code chapters 154 and 155A.

Pursuant to the authority of Iowa Code section 147.76, the Board of Podiatry Examiners hereby gives Notice of Intended Action to rescind Chapter 219, “Board of Podiatry Examiners,” and adopt new Chapter 219, “Administrative and Regulatory Authority for the Board of Podiatry Examiners,” and to adopt new Chapter 223, “Practice of Podiatry,” Iowa Administrative Code.

The proposed amendments rescind the current rules about the organization and purpose of the Board and adopt new rules about the purpose of the Board, organization and proceedings of the Board, official communication, office hours, and public meetings and establish a new practice chapter.

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 amendments no later than June 5, 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 June 5, 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 amendments.

These amendments are intended to implement Iowa Code section 147.76 and chapters 17A, 149 and 272C.

The following amendments are proposed.

ITEM 1. Rescind 645—Chapter 219 and adopt the following new chapter in lieu thereof:

CHAPTER 219
ADMINISTRATIVE AND REGULATORY AUTHORITY
FOR THE BOARD OF PODIATRY EXAMINERS

“Board” means the board of podiatry 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 podiatry.

“Licensee” means a person licensed to practice as a podiatrist in the state of 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—219.2(17A) Purpose of board. The purpose of the board is to administer and enforce the provisions of Iowa Code chapters 17A, 147, and 272C with regard to the practice of podiatry. 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:

219.2(1) Licensing qualified applicants through examination, renewal, endorsement, and reciprocity.

219.2(2) Developing and administering a program of continuing education to ensure the continued competency of individuals licensed by the board.

219.2(3) Imposing discipline on licensees as provided by statute or rule.

219.3(1) The board is composed of seven members appointed by the governor and confirmed by the senate.

219.3(2) The members of the board shall include five members who are licensed to practice podiatry and two members who are not licensed to practice podiatry and who shall represent the general public.

219.3(3) The board shall elect a chairperson, vice chairperson, and secretary from its membership at the first meeting after April 30 of each year.

219.3(4) The board shall hold at least one annual meeting.

219.3(5) A majority of the members of the board shall constitute a quorum.

219.3(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.

219.3(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.

219.3(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 podiatry 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 licenses that are restricted by a board order.

h. Establish and register peer reviewers.

i. Refer complaints 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.

219.4(1) All official communications, including submissions and requests, may be addressed to the Board of Podiatry Examiners, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319–0075.

219.4(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.

219.4(3) Notice of change of name. Each licensee shall notify the board of any change in name within 30 days after changing the name. Notification requires a notarized copy of a marriage license or a notarized copy of court documents.

645—219.5(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—219.6(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.

219.6(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.

219.6(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 272C

ITEM 2. Adopt the following new 645—Chapter 223:

CHAPTER 223
PRACTICE OF PODIATRY

223.1(1) The board shall establish utilization and cost control review (U.C.C.R.) committee(s). The name(s) of the committee(s) shall be on file with the board and available to the public. The designation of the committee(s) shall be reviewed annually.

223.1(2) Members of the U.C.C.R. committee shall:

a. Hold a current license.

b. Have practiced podiatry in the state of Iowa for a minimum of five years.

c. Be actively involved in a podiatric practice during the term of appointment as a U.C.C.R. committee member.

d. Not assist in the review or adjudication of claims in which the committee member may reasonably be presumed to have a conflict of interest.

223.1(3) Procedures for utilization and cost control review. A request for review may be made to the board by any person governed by the various chapters of Title XIII of the Iowa Code, self–insurers for health care benefits to employees, other third–party payers, podiatry patients or licensees.

a. The maximum fee for service shall not exceed $100 per case, which will be made payable by the patient directly to the U.C.C.R. committee. The committee shall make a yearly accounting to the board.

b. A request for service shall be submitted to the executive director of the U.C.C.R. committee on an approved submission form and shall be accompanied by four copies of all information. All references to identification and location of patient and doctor shall be deleted and prepared for blind review by the executive director of the U.C.C.R. committee. The information shall be forwarded to the U.C.C.R. committee.

c. The U.C.C.R. committee shall respond in writing to the parties involved with its findings and recommendations within 90 days. The committee shall review the appropriateness of levels of treatment and give an opinion as to the reasonableness of charges for diagnostic or treatment services rendered as requested. The U.C.C.R. committee shall submit a yearly report of its activities to the board.

223.1(4) Types of cases reviewed shall include:

a. Utilization.

(1) Frequency of treatment.

(2) Amount of treatment.

(3) Necessity of service.

(4) Appropriateness of treatment.

b. Usual and customary service.

223.1(5) Criteria for review may include, but are not limited to:

a. Was diagnosis compatible and consistent with information?

b. Were X–ray and other examination procedures adequate, or were they insufficient or unrelated to history or diagnosis?

c. Were clinical records adequate, complete, and of sufficient frequency?

d. Was treatment consistent with diagnosis?

e. Was treatment program consistent with scientific knowledge and academic and clinical training in accredited podiatric colleges?

f. Were charges reasonable and customary for the service?

223.1(6) Members of the U.C.C.R. committee shall observe the requirements of confidentiality imposed by Iowa Code chapter 22.

223.1(7) Action of the U.C.C.R. committee does not constitute an action of the board.

645—223.2(139A) Preventing HIV and HBV transmission. Any licensed podiatrist shall comply with the recommendations for preventing transmission of human immunodeficiency virus and hepatitis B virus to patients duringexposure–prone invasive procedures, issued by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, or with the recommendations of the expert review panel established pursuant to Iowa Code section 139A.22(3) and applicable hospital protocols established pursuant to Iowa Code section 139A.22(1). Failure to comply will be grounds for disciplinary action.

These rules are intended to implement Iowa Code chapters 139A, 149 and 514F.

Pursuant to the authority of Iowa Code sections 262.69 and 262.9(12), the Board of Regents hereby gives Notice of Intended Action to amend Chapter 4, “Traffic and Parking at Universities,” Iowa Administrative Code.

These amendments are being proposed to update and clarify the parking and traffic rules of Iowa State University. Changes include provisions to include nonmotorized scooters in the definition of skateboards, designate indoor areas where vehicles are allowed, include regulation of roller skates, roller blades, and skateboards, describe parking privileges for persons with disabilities, include language concerning the use of a bicycle on campus, and regulate the use of a moped as a motorcycle.

No waiver provision is included because the Board of Regents has adopted waiver or variance rule 681 IAC 19.18(262) that addresses the topic for all institutions under its control.

Any interested person may submit oral or written suggestions or comments on or before June 4, 2002, by address–ing them to Charles K. Wright, Director, Legal Affairs,Human Resources, and Information Systems, Board ofRegents, State of Iowa, 11260 Aurora Avenue, Urbandale, Iowa 50322–7905; telephone: (515)281–3934; fax: (515) 281–6420; E–mail address: ckwright@iastate.edu.

These amendments are intended to implement Iowa Code section 262.69.

The following amendments are proposed.

ITEM 1. Amend rule 681—4.26(262) as follows:

681—4.26(262) Definitions. For the purposes of these rules, the following definitions shall apply unless the context clearly requires otherwise, and all other words shall have meaning according to their common usage.

“Bicycle” means any vehicle which is not self–propelled and which is designed to be pedaled by the rider. Any bicycle equipped with a motor is considered a motorcycle and subject to the traffic and parking regulations for motorcycles.

“Campus” means all property under the control of the university.

“Employee” means any person regularly employed by the university who is not a student.

“Manager” means the person(s) designated by the president of the university to perform any function or duty of the manager hereunder. At Iowa State University that person is the director of public safety, who further delegates the duties and responsibilities to the manager of the parking division within the university’s department of public safety.

“Motorcycle” or “moped” means any vehicle which is self–propelled and has less than four wheels in contact with the ground. For purposes of these rules, a moped is considered a motorcycle.

“Motor vehicle” means any vehicle which is self–propelled and has four or more wheels in contact with the ground.

“Student” means any person registered with the university for academic credit who is not employed by the university on a full–time salaried or equivalent basis.

“University” means Iowa State University of science and technology.

“Vehicle” means any wheeled or treaded device used or designated for use as a means of transportation or conveyance of persons or property.

“Visitor” means any person who owns, operates or parks a vehicle on the university campus who is neither a student nor an employee.

ITEM 2. Amend subrule 4.27(1) as follows:

4.27(1) These rules shall not apply to moving traffic violations on institutional roads and property of the university. Such violations will be charged and prosecuted as violations of Iowa Code chapters 262 and 321. All state of Iowa motor vehicle laws are in effect on campus.

ITEM 3. Amend subrule 4.27(2) as follows:

4.27(2) The manager shall erect speed limit signs in conformity with maps of the institutional roads and property of the university designating such speed limits as adopted by the state board of regents board of regents, state of Iowa. The maps will be available for inspection during business hours at the office of the manager and the state board of regents board of regents, state of Iowa.

ITEM 4. Amend subrule 4.27(4) as follows:

4.27(4) The manager is delegated authority to erect traffic control signs and devices, and to designate pedestrian crosswalks and bicycle lanes. All vehicle operators must obey all signs directing traffic flow on campus.

ITEM 5. Amend subrule 4.27(7) as follows:

4.27(7) Driving of vehicles, motor vehicles and motorcycles in parts of institutional roads marked as bicycle lanes or on designated bicycle paths is prohibited.

ITEM 6. Amend rule 681—4.27(262) by adopting the following new subrule:

4.27(8) Every person riding a bicycle on a street or highway on campus is granted all the privileges and is subject to all the regulations applicable to a driver of any motor vehicle on that street or highway and to the special regulations of this subrule. A bicycle rider on campus must:

a. Obey the instructions of official traffic control devices, signs and signals applicable to motor vehicles, unless otherwise directed by a peace officer or other authorized traffic director;

b. Obey the direction of any sign whenever authorized signs are erected indicating that no right, left or U–turn is permitted;

c. Obey the regulations applicable to pedestrians when the bicycle rider dismounts from the bicycle;

d. Yield the right–of–way to all vehicles approaching on a street whenever a rider is on a separate bicycle path that intersects the street;

e. Not use campus sidewalks except those specifically designated as bicycle paths;

f. Yield the right–of–way to any pedestrian in a designated crosswalk;

g. Not ride on lawns.

This subrule does not apply to peace officers of the university’s department of public safety while they are acting within the scope of their regularly assigned duties.

ITEM 7. Amend rule 681—4.27(262) by adopting the following new subrule:

4.27(9) Roller skates, roller blades and skateboards are permitted on campus sidewalks. Roller skates, roller blades and skateboards are not permitted on or in university structures or buildings, on stairways, sub–walks, elevated sidewalks, access ramps, steps, retaining walls, handrails or other architectural elements, on or in planting, grass or seeded areas, or where otherwise prohibited by sign, peace officer or other authorized traffic director. Any person on roller skates, roller blades or a skateboard must yield the right–of–way to any wheelchair, or other mobility assistance device for the disabled, pedestrian or bicycle.

ITEM 8. Amend rule 681—4.28(262), introductory paragraph, as follows:

681—4.28(262) Registration. Vehicles Motor vehicles, motorcycles, mopeds and bicycles shall be registered as follows:

ITEM 9. Amend subrule 4.28(1) as follows:

4.28(1) Students. Any student who operates, maintains or owns a vehicle on university property is responsible for the proper registration of the vehicle and the display of the registration identification thereon in the manner prescribed by the manager. A student must register the vehicle within 48 hours of initial operation of the vehicle on campus.

ITEM 10. Amend rule 681—4.28(262) by renumbering subrule 4.28(3) as 4.28(5) and adopting the following new subrules:

4.28(3) Visitors. Vehicles owned or operated by visitors may be registered with the university if the visitor so desires, but registration of these vehicles is not required unless the visitor desires parking privileges on campus. A registration identification shall be displayed on registered vehicles by visitors in the manner prescribed by the manager.

4.28(4) Bicycles. Any person who rides, parks or propels a bicycle on any university property must display a bicycle identification sticker issued by Iowa State University.

ITEM 11. Amend subrule 4.29(3) as follows:

4.29(3) Hours of operation. Reasonable hours shall be established for the normal operation of the parking facilities, and a schedule of hours of operation shall be published and available for public inspection in the office of the manager. Overnight parking is prohibited except in residence hall and vehicle storage parking facilities. Parking regulations remain in effect during semester breaks and seasonal holidays.

ITEM 12. Amend subrule 4.29(4) as follows:

4.29(4) Closing. The manager may temporarily close any parking facility for cleaning, maintenance, or any other university purpose, or may temporarily restrict or reassign the use of any facility as may be necessary or convenient. The manager shall give advance notice of such temporary closing, restriction, or reassignment by posting or otherwise when practical. No parking fees will be refunded during the temporary closing of a parking facility.

ITEM 13. Amend rule 681—4.29(262) by renumbering subrules 4.29(5) to 4.29(8) as 4.29(6) to 4.29(9) and adopting the following new subrule:

4.29(5) Restricted areas. The manager is delegated authority to restrict access to campus streets, parking lots and other facilities by means of gates or other barriers. Streets or portions of streets may be closed to vehicle traffic or limited to specific vehicles. Access to restricted areas is limited to established gate openings or designated entrances, and no other means of access is permitted. Moving or driving around authorized barriers is prohibited.

ITEM 14. Amend renumbered subrule 4.29(7) as follows:

4.29(7) No parking. Vehicle parking on the campus shall be restricted to designated parking facilities, and no parking shall be permitted at any other place on campus.

a. Vehicles shall not be parked in such a manner as to block or obstruct sidewalks, crosswalks, driveways, roadways, or designated parking stalls.

b. No parking is permitted in prohibited zones, such as in the vicinity of fire lanes, and these zones shall be conspicuously posted or marked by painted curbs or other standard means.

ITEM 15. Amend renumbered subrule 4.29(8) as follows:

4.29(8) Motorcycle and moped parking. The manager may designate areas of the parking facilities for motorcycle parking, and these areas shall be conspicuously posted. Motorcycles shall be parked only in areas designated for motorcycle parking, and no other vehicles shall be parked in these areas. The university may require that a parking permit be displayed on all motorcycles and mopeds.

ITEM 16. Amend renumbered subrule 4.29(9) as follows:

4.29(9) Bicycle parking. The manager may install and maintain bicycle parking racks or designate other facilities for bicycle parking. Bicycles shall be parked only in bicycle racks or other facilities designated for bicycle parking. Improperly or illegally parked and abandoned bicycles may be impounded. Locking devices may be cut and removed when necessary. Bicycles may not be taken inside university buildings except as approved by the manager.

ITEM 17. Amend rule 681—4.30(262), introductory paragraph, as follows:

681—4.30(262) Parking privileges. Students and employees may be granted parking privileges on the campus in accordance with these rules and upon reasonable terms and conditions as established by the manager. An application for parking privileges may be denied if the applicant has fines for parking violations that are unpaid and past the appeal date set by these rules.

ITEM 18. Amend rule 681—4.30(262) by renumbering subrules 4.30(4) to 4.30(9) as 4.30(5) to 4.30(10) and adopting the following new subrule:

4.30(4) Persons with disabilities. Persons with disabilities will be granted parking privileges in parking facilities designated for use by persons with disabilities. Persons with disabilities may apply for special parking privileges for up to six months upon issuance of a letter by the director of student health service, or the director’s designee; rehabilitation counselor, student counseling service; or by a personal physician, indicating the character, extent, probable duration of the disability, and certifying the need for special parking. After an initial six months, a faculty or staff member or a student must present a currently valid department of transportation parking permit for persons with disabilities to renew the campus permit. Parking facilities designated for persons with disabilities shall be so regulated all hours of all days.

ITEM 19. Amend renumbered subrule 4.30(5) as follows:

4.30(5) Procedure. Applications for parking privileges shall be submitted in the manner prescribed by the manager. No student shall apply for parking privileges for any vehicle owned or actually maintained by another student. The manager shall determine the eligibility and priority of each applicant for parking privileges within the classifications established in 4.30(1), 4.30(2) and 4.30(3) and shall make all parking assignments. A parking permit will be issued to each applicant who is granted parking privileges, and the permit shall be displayed on the vehicle in a manner prescribed by the manager. Parking permits are not transferable. The unauthorized possession, use, alteration or counterfeiting of a parking permit, or any portion thereof, is prohibited. Parking privileges will not be granted to a student and to an employee or visitor for the same vehicle, and a student parking permit and an employee or visitor parking permit shall not be displayed on the same vehicle. Temporary parking permits may be issued to accommodate special situations. The manager shall adopt a procedure to replace lost, stolen and destroyed parking permits and controlled access entry cards.

ITEM 20. Amend subrule 4.31(2) as follows:

4.31(2) Sanction. Reasonable monetary sanctions may be imposed for violation of these rules. The amount of the sanctions shall be sanction approved by the state board of regents. board of regents, state of Iowa, is as follows:

A schedule of all sanctions shall be published and available for public inspection during normal business hours in the office of the manager and in the office of the state board of regents. Sanctions may be assessed against the owner or operator of the vehicle involved in each violation or against any person in whose name the vehicle is registered or parking privileges have been granted and charged to their the violator’s university account. Sanctions may be added to student tuition bills or may be deducted from student deposits or from the salaries or wages of employees or from other funds in the possession of the university.

ITEM 21. Amend subrule 4.31(4) as follows:

4.31(4) Administrative hearing Appeal of sanction or impoundment decisions. A person may request a hearing and administrative ruling concerning a controversy, based on the imposition of a sanction for a registration or parking violation, or an impoundment procedure, by the appropriate university official or hearing body as set forth in the published traffic and parking procedures. A written request for a hearing and administrative ruling shall be made at the office of the university’s department of public safety within ten business days of the imposition of the sanction. The manager is delegated the authority to establish a procedure, appoint an appropriate official or board, and to adopt forms and schedules to facilitate the provisions of this subrule.

ITEM 22. Amend rule 681—4.31(262) by adopting the following new subrule:

4.31(5) Judicial review. Judicial review of an administrative ruling may be sought in an Iowa district court in accordance with the terms of the Iowa administrative procedure Act.

ITEM 23. Amend rule 681—4.32(262) as follows:

681—4.32(262) Administration of rules. The president of the university shall be responsible for the proper administration of these rules. The president is authorized to establish traffic and parking procedures not inconsistent with these rules as may be reasonably necessary and convenient for the effective administration of the duties hereunder, and any procedure so established shall be published and available for public inspection during the normal business hours in the office of the manager and the office of the state board of regents board of regents, state of Iowa. The document in which such rules are published shall be known as the Department of Public Safety Parking Division Manual. The president may delegate the authority under these rules to the manager to perform any function or duty hereunder.

Pursuant to the authority of Iowa Code sections 17A.3 and 262.9, the Board of Regents hereby gives Notice of Intended Action to amend Chapter 13, “Iowa State University of Science and Technology Organization and General Rules,” Iowa Administrative Code.

These amendments are being proposed to reorganize the chapter; generally update all rules; amend and implement general rules for the use of the campus; and revise and augment safety measures relating to use of the general campus and to public events.

Item 1 updates the description of the university, its mission and organization.

Item 2 updates the description of forms used.

Item 3 rescinds and reserves rule 681—13.7(262), regarding general rules.

Item 4 amends rule 681—13.8(262), regarding the delegation of contract authority.

Item 5 proposes new rules regarding access to and use of facilities and standards of conduct on the campus.

A new rule provides a process for removal of persons from the campus for violation of the rules of conduct.

No waiver provision is included because the Board of Regents, State of Iowa, has adopted waiver or variance rule 681 IAC 19.18(262) that addresses the topic for all institutions under its control.

Any interested person may submit oral or written suggestions or comments on or before June 4, 2002, by addressing them to Charles Wright, Director, Legal Affairs, Human Resources, and Information Systems, Board of Regents, State of Iowa, 11260 Aurora Avenue, Urbandale, Iowa 50322– 7905; telephone: (515)281–3934; E–mail address: ckwright @iastate.edu; fax: (515)281–6420.

These amendments are intended to implement Iowa Code chapter 17A and Iowa Code section 262.9.

The following amendments are proposed.

ITEM 1. Amend rule 681—13.1(262) as follows:

13.1(1) Statement of university mission. Iowa State University of science and technology at Ames is recognized as a broad–based university with an orientation around science and technology which has sufficient scope and depth in its undergraduate and graduate instruction, its research, and its extension and public service functions to enable it to continue to be a distinguished land–grant university. In addition to its graduate and undergraduate work in the physical, biological, and social sciences, it will maintain strong undergraduate programs in the liberal arts, and will offer such master’s and Ph.D. programs in this area as are justified to meet the needs of the state and to maintain the overall strength and desirable balance of the university as a whole. Although a majority of the degrees will continue to be bachelor of science and master of science degrees, the degrees offered in those major programs which are more closely related to the arts than to the sciences may be designated as bachelor of arts or master of arts degrees. In its professional programs, principal emphasis will be given to the maintenance of strong programs in the sciences, agriculture, engineering, veterinary medicine, environmental design, education, and home economics, with graduate instruction, research, extension and public service functions in these subject matter areas clearly recognized and generously supported. There will be no major programs in law, library science, human medicine, dentistry, pharmacy, nursing, social work, hospital administration, occupational therapy, physical therapy, speech pathology, or hydraulics engineering.

13.1(2) Officers. The university has three statutory officers: president, secretary, and treasurer. The president is the chief administrative officer of the university and has authority and duties as have been delegated by the board of regents.

A detailed listing of the university units is shown on the organizational chart contained in the university office procedure guide and on its Web site at the following address: http://www.adp.iastate.edu/vpbf/prod/docs/opg/orgcht.htm.

13.1(3) Operations. The provost oversees the academic and extension activities of the university.

The academic mission of the university is principally carried out through its six nine colleges: graduate, agriculture, education, engineering, family and consumer sciences, sciences and humanities, liberal arts and sciences, design, business and veterinary medicine. The dean of each college is its chief administrative officer.

The extension service is an integral part of the land–grant university system and provides the link whereby the findings of research are taken to Iowa people. The chief administrative officer of extension service is the director vice provost for extension.

13.1(4) Communications. Written and personal inquiry, submissions and requests should be addressed to the Information Service Office of University Relations, 116 Morrill Hall 2041 Communications Building, Iowa State University, Ames, Iowa 50011; or the office of the Board of Regents, Old Historical Building, Des Moines, Iowa 50319 11260 Aurora Avenue, Urbandale, Iowa 50322–7905. Generally, inquiries, submissions, and requests by the public may be submitted by informal letter. However, application for some purposes is to be made on a specified form. A list of the forms, general description and the address where they may be obtained are found in rule 13.6(262).

13.1(5) University office procedure guide. The university office procedure guide contains the policies governing the internal administrative operation of the university. It is available for public inspection at the reference desk in the university library and in the office of the state board of regents in the Office of the Vice President for Business and Finance, 125 Beardshear Hall, or on line at the following address: http://www.adp.iastate.edu/vpbf/prod/docs/opg/opg. htm.

ITEM 2. Amend rule 681—13.6(262) as follows:

681—13.6(262) Forms. The university uses the forms listed below in dealing with the public. The various forms are classified by subject matter, followed by the name of the office where they are available in care of the Iowa State University of Science and Technology, Ames, Iowa 50011.

All academic matters such as enrollment, dropping and adding of courses, applying for graduation, waiver of academic requirements, academic grievances and the like.

Admission application forms—director of admissions.

Undergraduate, graduate, veterinary medicine, special student, Saturday and evening class—graduate and undergraduate. Graduate students may need to secure special forms from the department to which they are applying.

Housing forms—director of residence.

Application and contract All forms related to housing, in–cluding applications and contracts for residence halls and apartments quarters for unmarried students, application for married student housing, leasehold for married student housing at Pammel Court, Hawthorn Court, University Village, Schilletter Village.

Student financial aid—student financial aid office.

Application All forms related to financial aid including applications for student financial aid, loan applications.

Educational placement—teacher and career placement office offices of the various colleges and the career services office.

Registration All forms related to placement for service learning, internships, registration forms for credential service, reference forms for credential files.

All forms related to foreign study and immigration matters for visiting international students and scholars.

Iowa State University Center space use—Iowa State University Center.

Rental agreement.

Employment—personnel office.

Application All forms related to employment, including tax, benefits, employee information and applications for employment.

Parking and traffic—traffic office.

Violation citation All forms related to parking and traffic, including permit applications, and violation citations.

ITEM 3. Rescind and reserve rule 681—13.7(262).

ITEM 4. Amend rule 681—13.8(262) as follows:

13.8(1) General delegation. The state board of regents has delegated to the president authority to make contracts and agreements as specified in Iowa administrative rules, board of regents, 681—Chapter 8 681 IAC 8. The president has delegated authority for signing such agreements and contracts to the vice president for business and finance in all cases except the following:

1 a. Employment matters involving deans, directors, departmental executive officers and faculty are administered by the vice president for academic affairs provost.

2 b. Applications and agreements for grants for educational development and research from all sources are signed by the contracts and grants officer vice provost for research or director of the office of sponsored research administration.

3 c. Supplies, equipment, and services to be ordered from sources outside the university in compliance with Iowa administrative rules, board of regents, 681—Chapter 8, are purchased only by means of purchase orders or purchase contracts approved and signed by the purchasing agent, and based on requisitions submitted to the purchasing agent. Agreements to form educational consortia for joint educational projects and for cooperative education may be signed and administered by the provost.

ITEM 5. Amend 681—Chapter 13 by adopting the following new rules:

681—13.9(262) Lost and found. Lost and found items are deposited with the department of public safety. Unclaimed items are treated as abandoned property.

681—13.10(262) General priority on use of facilities. University grounds and facilities are primarily dedicated to the university’s missions of teaching, research and service. While grounds and facilities are generally open to noncommercial use by the public, students, student organizationsand staff, use for other than university–related purposesmust not substantially interfere with university activities and must be in conformity with the requirements of this chapter. University–related activities, including the activities of recognized campus and student organizations, will be given priority.

Except as specifically indicated, the policies stipulated in rules 681—13.11(262) to 681—13.19(262) are applicable to noncommercial uses. Commercial uses, including solicitation, advertising and sales, are subject to the university’s policy on commercial activities.

681—13.11(262) Access to facilities. University grounds and facilities are generally open to public access except as provided below:

13.11(1) Persons may not enter buildings or facilities without authorization when the buildings or facilities are locked, when signs indicate they are closed to the public or when they are closed to the public for specific events.

13.11(2) The following facilities and grounds are restricted areas. Access requires express permission of the relevant building supervisor, superintendent or other person in charge of the facility: individual residences or dwellings; research laboratories or facilities; farms and associated buildings; animal storage and confinement facilities; utility and maintenance closets; mechanical rooms; utility facilities; utility tunnels; storage areas; hazardous materials waste storage and handling areas; marked or fenced construction areas; institutional food preparation areas; private offices; work rooms; shops; areas where medical, psychological or other consultation takes place; radio and television studios; intercollegiate athletics competition facilities; or areas which bear signs indicating that access is restricted. The university has leased some of its property and facilities to other parties for use related to university purposes (for example, the Ames Laboratory and the National Soil Tilth Laboratory). Such areas are not open to public use except as provided by the lessee of the property or facility. The Memorial Union, the buildings at the Iowa State Center (Hilton Coliseum, Scheman Continuing Education Building, Stephens Auditorium and Fisher Theater) and the Iowa State University Research Park are managed by separate organizations that regulate the use of these facilities and property.

13.11(3) Access to grounds and facilities may be denied when they are closed to the public for special university events, or when access would conflict with another approved use of the grounds or facilities. The university may limit or control access to areas of the campus for ceremonial events and celebrations such as graduation and VEISHEA.

13.11(4) Unapproved uses of university grounds and facilities by the general public are subject to preemption for university activities, for use by recognized student and campus organizations and for use by students, faculty and staff for purposes related to the university’s mission.

13.11(5) Access to performances, art exhibits, museums and other exhibitions may be regulated by requirement of payment of a fee for entry. Visitors are required to abide by policies set by the various facilities.

13.11(6) Access to campus roads and parking is governed by university parking and traffic regulations, as well as sign–age erected upon campus roadways and parking areas.

681—13.12(262) When authorization is required for use of facilities open for general use. To prevent conflicts in the use of facilities, groups or persons wishing to use facilities, whether indoors or outdoors, should schedule use of university facilities as provided below. ISU has designated public forum areas with few restrictions. Public events, as defined below, require filing of a notice, or approval depending on the event.

“Public events” are defined as outdoor events in which more than 50 persons are participating or at which the sponsor reasonably expects more than 50 persons to be involved, or indoor events in which more than 15 persons are participating or at which the sponsor reasonably expects more than 15 persons to be involved.

13.12(1) Outdoor areas.

a. Designated public forums. The Edward S. Allen Area of Free Debate, located west and south of the Hub, and the area south of the Campanile have been designated as public forums for noncommercial expression. If these areas have not been reserved for use for university purposes or by student, faculty or staff organizations, any member of the public or of the university community may use these areas for expressive activities on a first–come, first–served basis. Signs or placards, each of which is carried by one or two persons, are permitted. Freestanding displays are permitted as long as the display occupies a space of less than 200 cubic feet, weighs less than 300 pounds and is accompanied at all times by an individual responsible for the display. Leafleting may be conducted in a way that avoids substantial littering of the campus.

b. Uses that require only notice. Organizations and groups of persons wishing to use outdoor areas other than a designated public forum for a public event must file with the Student Activities Center a notice of intent to use an area. If possible, such notice should be given at least 24 hours in advance of the event but, in any case, must be given at least three hours prior to the event. No approval is necessary if the event meets the following criteria:

(1) On weekdays between the hours of 8 a.m. and 4 p.m., the event will be held at least 100 feet away from buildings that normally hold classes;

(2) No other person or group has been authorized to use the area or has filed a notice of intent to use that area or an adjacent area;

(3) The organizers do not intend to use amplification equipment or equipment requiring use of electrical power connections. Hand–held megaphones are permitted if used so as to direct the sound away from nearby buildings that normally hold classes;

(4) Participants will not use displays other than signs or banners carried at all times by one or two participants (unattended displays may not be used without permission);

(5) If the event is not held at one of the two public forum areas, the event will occur only between the hours of 8 a.m. and 10 p.m.; and

(6) The sponsor of the event indicates that the event will comply with the general restrictions indicated above.

c. Uses that require approval. A public event not at an open forum area, which does not meet the above criteria, requires prior approval by the filing of an Activity Authorization Form with the Student Activities Center at least three business days in advance of the proposed event. The Student Activities Center will make every effort to provide approval or nonapproval, with a statement of the reasons for nonapproval, within one business day. The sponsors of the event may request a waiver of the three–day requirement. A waiver may be granted if the Student Activities Center determines that there are good reasons for an exception.

Approval of events will be based upon whether the event meets the general rules indicated in this chapter. Approval may be conditioned upon sponsors’ making reasonable assurances that the event will comply with the general rules. In addition, reasonable time, place and manner restrictions may be required. Events will not be disapproved based upon the content of proposed speaking or expressive activity.

Following such clearance, the organization shall make particular arrangements regarding location, electrical power needs, custodial services, and provision for liability insurance as directed by the Student Activities Center. If streets or parking lots will be involved, the organization must receive clearance from the department of public safety, telephone (515)294–4428. Preferred locations for outdoor events likely to cause disruption of other activities are the areas south or north of the Campanile, west of Curtiss Hall, east of Ross Hall, south of the Hub, and south of the Parks Library, provided the events do not conflict with university classes or scheduled activities and provided the events conform to appropriate uses for the area.

13.12(2) Indoor areas.

a. General policy regarding use. Any use of indoor areas must not conflict with university programs and events and must be compatible with the purpose of the facility or the particular area to be used.

(1) Members of the general public and campus community are free to enter university facilities, other than restricted areas, during business hours as necessary to transact business, seek information about the university or deliver petitions or correspondence.

(2) Organizations and groups desiring to use academic and residence facilities for conferences should contact the offices listed in 13.12(2)“d” to determine availability and fees for use. Organizations desiring to use the Iowa State Center or the Iowa State Memorial Union for conferences, meetings and events should contact the relevant facility at the numbers listed below.

(3) Organizations (other than recognized campus and student organizations) using classrooms, auditoriums, and meeting rooms will be charged the customary rental of those facilities. All users will be responsible for costs incurred for setup, equipment use, cleanup and use of services and materials of the university.

(4) To avoid disruption, the following kinds of indoor areas are not available for non–university–related assembly or solicitation: hallways, stairways, waiting rooms, residence halls and apartments, dining facilities, work rooms, common areas provided around service windows, the Veterinary Hospital and the Student Health Center. Atria and open areas in buildings are generally available for use except when they are used as waiting areas or common areas around service windows.

b. Uses that require scheduling. To avoid conflicts with university activities and permitted use by others, organized use of indoor areas by groups of 15 or fewer persons that will substantially exclude others from using the same or adjacent areas, other than transitory passage through public areas and hallways, requires scheduling through the Student Activities Center.

c. Uses that require approval. Organized or concerted assembly in or solicitation at indoor areas by groups involving more than 15 persons for non–university–related purposes must be approved by the filing of an activity authorization form with the Student Activities Center at least three days in advance of the activity. The Student Activities Center will make every effort to provide approval or nonapproval, with a statement of the reasons for nonapproval, within one business day. The sponsors of the event may request waiver of the three–day requirement. A waiver may be granted if the Student Activities Center determines that there are good reasons for an exception.

Approval of events will be based upon whether the event is consistent with the facility’s purpose and with university’s general rules on facility use. In addition, reasonable time, place and manner restrictions may be required. Events will not be disapproved based upon the content of any expressive activity. Persons denied authorization may appeal to the vice president for business and finance.

d. Facilities managed by separate university offices or organizations. The Student Activities Center and users must coordinate use of these facilities with the listed offices:

1. Common areas in buildings—building coordinator for the building;

2. Rooms in academic or administrative buildings—Room Scheduling, General Services Building, 294–5338;

3. Memorial Union—Reservations, 210 Memorial Union, 294–1437;

4. Iowa State Center—Center Office, 4 Scheman Conference Center, 294–3347;

5. Residence halls—Undergraduate Residences (RCA, TRA and UDA), 294–8395;

6. University Family Housing Office, 294–5360;

7. Fredericksen Court Office, 294–2107;

8. Recreation facilities—Recreation Services Office, 107 State Gym, 294–4980. Recreation facilities include Beyer Hall, State Gym, Armory, Physical Education Building, Leid Recreation/Athletic Facility, and outdoorintramural–recreation fields and courts.

Students and student organizations have priority for use of residence facilities, recreation facilities and the Memorial Union. Students and student organizations may directly contact the offices listed above to schedule use of meeting rooms and other facilities.

As part of the university’s comprehensive effort to conserve energy and save money, activities will generally be scheduled in buildings normally open and operational in the evenings. More information may be obtained through the Room Scheduling Office.

13.13(1) Displays within buildings. Posters, advertisements, or other visual display materials may be affixed only on permanent building bulletin boards. Such display materials may not have a surface area of greater than 300 square inches.

a. “General” bulletin boards may be used by Iowa State University students and organizations as well as the general public without approval for posting.

(1) Bulletin board notices must include the date they are posted or the date of the event and may be posted no more than one month in advance of the event.

(2) Undated and early notices will be removed.

(3) Properly posted notices will be removed after 30 days or, in the case of advertisements for an event, after the date of the event.

b. “Restricted” bulletin boards are limited to the use of designated departments or organizations. Use of these bulletin boards must be approved by the official representative of the respective department or organization.

13.13(2) Exterior displays.

a. Residence department buildings. Signs, banners, and other display materials may be affixed to buildings only with the authorization of the coordinator of residence life in each residence complex.

b. Academic buildings. Signs, banners, and other display materials may not be affixed to buildings. Rare exceptions may be made in cases in which the display materials are clearly associated with an academic function. Prior approval must be obtained from the Student Activities Center and from Facilities, Planning and Management, General Services Building, by the submission of an Activity Authorization Form. Such forms are available at the Student Activities Center.

c. Exterior display, not on buildings. Signs, banners, and other display materials may not be affixed to sidewalks, trees, fences, shrubs, light poles, or any other fixture of the landscape, nor may freestanding displays be placed in any area other than those areas scheduled through the activity authorization process. Except for those displays indicated in 13.12(1)“a” and 13.12(1)“b”(4) at events for which approval is not required, prior approval of displays must be obtained from the Student Activities Center by the submission of an Activity Authorization Form.

d. Cleanup. All visual displays should be removedas they become outdated or after authorization hasexpired. Cleanup charges may be billed to the organization/department/individual for failure to clean up promptly. Organizations, departments, or individuals may be billed for cleanup expenses for illegally posted materials.

13.14(1) University grounds and facilities may not be used in a manner that:

a. Substantially disrupts university events or the lawful use by other persons;

b. Substantially interferes with the free flow of vehicle or pedestrian traffic;

c. Results in injury or creates the threat of injury to persons;

d. Involves commission of a crime or illegal behavior;

e. Damages or defaces university property or threatens to damage property; or

f. Results in significant littering, pollution or other nuisance.

13.14(2) No person shall engage in harassment or stalking as defined by Iowa criminal law, or engage in sexual or racial harassment in violation of university policy.

13.14(3) No person may engage in public urination, defecation or other actions that create a sanitary hazard.

13.14(4) A person who enters specialized facilities, such as libraries, recreation facilities, clinics, research laboratories and other research facilities, and areas not open to the general public must comply with policies established by such facilities. Questions about applicable policies should be directed to the manager or supervisor of the facility.

13.14(5) Weapons are not permitted on the campus except for purposes of law enforcement and as specifically authorized for purposes of instruction, research or service. A weapon is any instrument or device which is designed primarily for use in inflicting death or injury upon a human being or animal, and which is capable of inflicting death or injury when used in the manner for which it was designed. Weapons include any pistol, revolver, shotgun, machine gun, rifle or other firearm, BB or pellet gun, tazer or stun gun, bomb, grenade, mine or other explosive or incendiary device, ammunition, archery equipment, dagger, stiletto, switchblade knife, or knife having a blade exceeding five inches in length. Residents of university housing may possess knives having a blade exceeding five inches for cooking purposes.

13.14(6) Consumption of alcohol is not permitted in outdoor areas of the campus. An exception is made for the consumption of alcoholic beverages served at approved events for which a valid liquor permit has been issued as provided by state law, and for private events or designated areas at events. Unauthorized alcoholic beverages are subject to confiscation.

13.14(7) Vehicles are not permitted off roadways or parking areas without permission from Room Scheduling, General Services Building, telephone (515)294–5338.

681—13.15(262) Commercial uses. This rule applies to private commercial uses other than those of university units, of university–affiliated entities or of recognized campus organizations.

13.15(1) Commercial solicitation, advertising and sales. Commercial solicitation, advertising and sales are not permitted on the campus except as follows:

a. Newspapers and periodicals may be distributed in established locations in accordance with the university’s periodical distribution policy, which is available from the vice president for business and finance.

b. Commercial advertising or displays on bulletin boards must conform to the provisions of 681 IAC 13.13(1).

c. Commercial sales or solicitation may be approved by the vice president for business and finance. Such activity may be approved for academic areas of the campus if the activity directly relates to the academic program. Otherwise, such commercial activity may be approved only in the area directly to the north of the Memorial Union, with priority being given to all other campus–related uses.

13.15(2) Mail systems. Use of university mail systems and related facilities may be approved by the vice president for business and finance for the solicitation of employees by charitable organizations when the following criteria are met.

a. The charitable organization presents documentation of its tax–exempt status as provided in Section 501(c)(3) of the Internal Revenue Code;

b. The solicitation is conducted once a year through an on–campus coordinated campaign of all eligible organizations meeting the conditions and giving written notice to the university of the desire to participate at least 120 days prior to the campaign period;

c. The organization may be expected to pay the administrative and out–of–pocket costs associated with using the university campus mail system or other university facilities;

d. The solicitation by any one charitable organization may occur once in any calendar year;

e. No solicitation using the university’s facilities may occur except as described above; however, any eligible charitable organization may arrange to conduct information sessions at which no solicitation occurs, at times and places and in a manner the university deems reasonable; and

f. Any eligible charitable organization acting pursuant to the authority of this rule may also make use of the payroll deduction system described in Iowa Code sections 70A.14 and 70A.15, if qualified under the terms of those provisions.

681—13.16(262) Conduct at public events. The following rules are intended to ensure the safety of students, faculty, staff and visitors to the campus and to ensure widest enjoyment of the benefit of public events at Iowa State University.

13.16(1) No person may engage in behavior that causes or threatens injury or damage to property, that results in disruption of a public event or that causes unreasonable interference with others’ enjoyment of a public event.

13.16(2) Special rules may be enforced with respect to events that are open to the public, based upon the nature of the event. For example, performers may require that no cameras or audio– or video–recording devices be permitted in the arena. Persons may be refused entry with items that may be used as projectiles. Umbrellas and other items that may obstruct the views of other attendees may be excluded from facilities.

13.16(3) Possession of, carrying in or consumption of alcohol is not permitted at public events. An exception may be made for the consumption of beer or wine served at approved events for which a valid liquor permit has been issued as provided by state law, and for designated events or designated areas at events. Unauthorized alcoholic beverages are subject to confiscation.

13.16(4) Aisles, walkways and stairs must be kept clear of hazards and obstacles. Knapsacks, duffel bags, backpacks, bags or other containers shall be small enough to fit completely on or under one seat, and shall be so kept at all times.

13.16(5) Laser pointers and similar devices are not permitted at athletic and performing events and are subject to confiscation. A person who uses any such device to interfere with athletes and performances is subject to immediate removal from the facility.

13.16(6) Iowa State University reserves the right to reassign parking and seating locations at public events for purposes of access, efficiency or to reduce the likelihood of disruption.

13.16(7) Any person carrying containers or bags which may contain materials not permitted at public events may be required either to open the container or bag to assure compliance, or to check the container or bag, if such facilities are available for storage of such items, or to dispose of such materials, or to return the materials to the person’s automobile. In addition, a patron may be subject to search using a magnetometer to ensure the absence of weapons or other hazardous or banned materials.

13.16(8) Auditorium doors will be closed when performances begin. A latecomer may be required to wait to be seated until an appropriate program break. Standing in aisles during performances is not permitted, except by employees.

13.16(9) In order to ensure that a person attending events may enter facilities efficiently, a person leaving the facility early in the event may be denied the right to secure a pass to reenter.

13.17(1) Smoking is prohibited in all university academic, administrative and service buildings. Smoking may be allowed in some student living areas. The university may also limit smoking at outdoor events, such as football games at Jack Trice Stadium, by entryway and courtyard areas. Smoking areas will be designated away from seating and assembly areas. Smoking is prohibited in Iowa State Center buildings, including Hilton Coliseum and C.Y. Stephens Auditorium.

13.17(2) Unless specifically authorized, the consumption of alcoholic beverages is not permitted on the campus, within university buildings, within university vehicles, or on other university property. Alcohol may be consumed in residences or privately leased units on the campus as allowed by law and the rules or lease agreement applicable to the unit. Otherwise, the university will determine the time, place, and conditions under which alcoholic beverages are consumed on university property. Events at which alcoholic beverages are served require evidence of a properly issued state alcohol permit. Persons violating state law with respect to possession and consumption of alcohol are subject to citation, arrest or exclusion from the campus.

13.17(3) Food and beverages shall be consumed in academic buildings only in areas designated by the responsible departmental supervisor.

681—13.18(262) Livestock and pets. All livestock and other domesticated animals, including but not limited to fowl, cats, dogs, cows, horses, mules, sheep, goats, swine, or reptiles, when on university property, must be kept confined or otherwise physically constrained. Any such animal found running at large or found within university facilities and not part of a university–sponsored research program or project may be impounded. Consistent with the laws of the state of Iowa, such animals may be turned over to a city pound or other appropriate state or university agency. For sanitation and safety reasons, pets are not permitted in university buildings. Leader dogs and experimental subjects are excepted.

Pets are permitted on the campus in outdoor areas when properly controlled and confined and when their presence does not jeopardize the safety or sanitation of university facilities or the safety of individuals on the campus. In the case of pets such as dogs, proper confinement shall consist ofa cage or a leash of sufficient strength to restrain the dogheld by a person competent to govern the behavior of the dog. Any pets brought on the campus must be properly licensed and vaccinated under the laws of Iowa, and tags indicating such license and vaccination shall at all times be attached to the collar of the pet. In those cases in which impoundment is necessary, the owner of the animal or its claimant shall be personally responsible for all costs associated with reclaiming the animal.

Any person who walks an animal on public areas of the campus shall be responsible for the prompt collection and disposal of the solid waste excreted by that animal. This rule shall not apply to animals under control of a handicapped person and especially trained for the purpose of assisting handicapped persons.

681—13.19(262) Authority to order persons off the campus. Any person violating university regulations may have the person’s permission to remain in or on university premises revoked. A person who does not voluntarily leave, or who immediately returns, is subject to arrest for trespassing under state law. A person who has engaged in serious or repeat violations of university regulations, who has committed crimes, or who has endangered other persons may be banned by the director of public safety or the director’s designee from all or part of the campus. Such orders shall be issued in writ–ing. Any person who is subject to such an order may appeal such action to the vice president for business and finance, who shall promptly handle the appeal. A person who violates such orders is subject to arrest and prosecution for trespassing.

ITEM 6. Amend 681—Chapter 13 by adopting the following new implementation clause:

These rules are intended to implement Iowa Code sections 17A.3 and 262.9.

Pursuant to the authority of Iowa Code chapter 17A and section 421.17, the Department of Revenue and Finance hereby gives Notice of Intended Action to amend Chapter 7, “Practice and Procedure Before the Department of Revenue and Finance,” Chapter 15, “Determination of a Sale and Sale Price,” and Chapter 87, “Iowa Estate Tax,” Iowa Administrative Code.

These amendments are being proposed to clarify current Department practice.

Item 1 amends the requirements for deletion of identifying details in rule 701—7.42(17A) and provides grammatical correction. Item 2 amends subrule 7.44(2) by adding a new paragraph “e” to provide a new procedure for dismissing untimely protests. Item 3 amends subrule 7.56(12) to implement restrictions on the withdrawal of a declaratory order. Item 4 updates rule 701—15.19(422,423) to clarify ownership for the purpose of the trade–in of a vehicle and updates the implementation clause to correct citations. Item 5 amends 701—Chapter 87 by implementing a new rule regarding applicability of inheritance tax rules to estate taxes.

The proposed amendments will not necessitate additional expenditures by political subdivisions or agencies and entities which contract with political subdivisions.

Any person who believes that the application of the discretionary provisions of these amendments would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any.

The Department has determined that these proposed amendments may have an impact on small business. The Department has considered the factors listed in Iowa Code section 17A.4A. The Department will issue a regulatory analysis as provided in Iowa Code section 17A.4A if a written request is filed by delivery or by mailing postmarked no later than June 28, 2002, to the Policy Section, Compliance Division, Department of Revenue and Finance, Hoover StateOffice Building, P.O. Box 10457, Des Moines, Iowa 50306. The request may be made by the Administrative Rules Review Committee, the Administrative Rules Coordinator, at least 25 persons signing that request who each qualify as a small business or an organization representing at least 25 such persons.

Any interested person may make written suggestions or comments on these proposed amendments on or before June 4, 2002. Such written comments should be directed to the Policy Section, Compliance Division, Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306.

Persons who want to orally convey their views should contact the Policy Section, Compliance Division, Department of Revenue and Finance, at (515)281–8036 or at the Department of Revenue and Finance offices on the fourth floor of the Hoover State Office Building.

Requests for a public hearing must be received by June 26, 2002.

These amendments are intended to implement Iowa Code chapters 17A and 451.

The following amendments are proposed.

ITEM 1. Amend rule 701—7.42(17A) to read as follows:

701—7.42(17A) Identifying details. Any person may at any time file a motion to delete identifying details concerning the person from any document relating to any proceedings as defined in rule 701—7.37(17A) prior to disclosure to members of the public. Such a motion must be filed with the clerk of the hearings section for the department if the motion is filed prior to the commencement of a contested case, which is before the Notice for Hearing is issued. If the motion is filed during a contested case proceeding pending before an administrative law judge and before the administrative law judge has entered a proposed decision on the case or has entered a closing order, the motion must be filed with and ruled upon by the administrative law judge. Otherwise, the motion must be filed with the clerk of the hearings section and ruled upon by the director. The motion shall be filed simultaneously with the presentation of the privacy or trade secret information under circumstances whereby the information may be disclosed to the public and before the issuance of any opinion, order or decision.

If the motion concerns information which is not a part of a contested case, the motion shall be in the form of a request to delete identifying details; if part of a contested case, the motion shall be in the form of a motion to delete identifying details. All motions to delete shall conform to subrule 7.50(4).

The motion or request shall contain the following:

1. The name of the person requesting deletion and the docket number of the proceeding, if applicable;

2. The legal basis for the request for deletion; such as, release of which is either that the material would be a clearly unwarranted invasion of personal privacy or the material is a trade secret or of advantage to competitors. A corporation may not claim an unwarranted invasion of privacy;

3. A precise description of the document, report, or other material in the possession of the department from which the deletion is sought, and a precise description of the information to be deleted. If deletion is sought from more than one document, each document and the materials sought to be deleted from it shall be listed in separate paragraphs. Also contained in each separate paragraph shall be a statement of the legal basis for the deletion requested in that paragraph, such as, which is that the material sought to be deleted is a clearly unwarranted invasion of privacy or is a trade secret or its release would give advantage to competitors and serve no public purpose;

4. An affidavit in support of deletion must accompany each motion or request. The affidavit must be sworn to by a person familiar with the facts asserted within it and shall contain a clear and concise explanation of the facts justifying deletion, not merely the legal basis for deletion or conclu–sionary allegations;

5. All affidavits shall contain a general and truthful statement that the information sought to be deleted is not available to the public from any source or combination of sources, direct or indirect, and whether the grounds for deletion is that the release of information would give advantage to competitors, and a general statement that the release would serve no public purpose;

6. The burden of showing that deletion is justified shall be on the movant. The burden is not carried by mere conclusionary statements or allegations, for example, that the release of the material would be a clearly unwarranted invasion of personal privacy or that the material is a trade secret or of advantage to competitors;

7. In the event that the matter sought to be deleted is part of the pleadings, motions, orders, including closing orders, evidence, and the record in a contested case proceeding otherwise open for public inspection, and that the matter would otherwise constitute confidential tax information shall not be grounds for deletion (1992 Op. Att’y Gen. 1.); and

8. The ruling on the motion shall be strictly limited to the facts and legal bases presented by the movant, and the ruling shall not be based upon any facts or legal bases not presented by the movant.

ITEM 2. Amend subrule 7.44(2) by adopting the following new paragraph “e”:

e. Notwithstanding other provisions of this subrule, if the director finds that a protest is not timely filed, including a failure within a reasonable time to file a protest in proper form after notice to protester by the hearings section, the director, without the filing of a motion to dismiss, may dismiss the protest and shall notify the protester that the protest has been dismissed. With respect to a protest so dismissed, thereafter the provisions of paragraph “c” of this subrule shall apply.

ITEM 3. Amend subrule 7.56(12) as follows:

7.56(12) Effect of a declaratory order. A declaratory order has the same status and binding effect as a final order issued in a contested case proceeding. A declaratory order is binding on the department, the petitioner, and any intervenors. As to all other persons, a declaratory order serves only as a precedent and is not binding on the department. The issuance of a declaratory order constitutes final department action on the petition. A declaratory order, once issued, will not be withdrawn at the request of the petitioner.

ITEM 4. Rescind rule 701—15.19(422,423) and adopt the following new rule:

15.19(1) Trade–ins. When tangible personal property is traded toward the purchase price of other tangible personal property, the gross receipts shall be only that portion of the purchase price which is payable in money to the retailer if the following conditions are met:

a. The tangible personal property is traded to a retailer, and the property traded is the type normally sold in the regular course of the retailer’s business; and

b. The tangible personal property traded to a retailer is intended by the retailer to be ultimately sold at retail; or

c. The tangible personal property traded to a retailer is intended to be used by the retailer or another in the remanufacturing of a like item.

EXAMPLE 1. A owns a car valued at $5,000. A trades his used car to XY car dealer for a used car valued at $12,000. XY car dealer normally sells used cars. Use tax would be due on the $7,000 in money A paid to XY used–car dealer, as both conditions “a” and “b” have been met.

EXAMPLE 2. John Doe has a pickup truck with a value of $2,000. John wants a boat so he offers to trade his $2,000 pickup to ABC boat dealer for the purchase of a boat valued at $5,000. ABC boat dealer is a new and used boat dealer. ABC boat dealer agrees to accept the $2,000 pickup and $3,000 cash in trade for the boat. In this example, the tax would be computed on $5,000. The trade–in provision would not apply because condition “a” has not been met. The property traded is not the type of property normally sold by ABC new and used boat dealer in the regular course of the boat dealer’s business.

EXAMPLE 3. ABC Corporation trades 500 bushels of corn and $500 cash to the local cooperative elevator for the purchase of various hand tools. The local cooperative elevator normally sells grain in its regular course of business for processing into bread. The trade–in provision in this example would not apply because condition “b” has not been met. The grain traded toward the purchase price of the hand tools when ultimately sold by the cooperative elevator is sold for processing and not at retail.

EXAMPLE 4. Hometown Appliance store is in the business of selling stoves, refrigerators, and other various appliances in Iowa. Hometown Appliance has a refrigerator valued at $650. Customer A wishes to trade a used refrigerator toward the purchase price of the new refrigerator. Hometown Appliance agrees to accept A’s used refrigerator at a value of $150 toward the purchase price of the new refrigerator. A pays Hometown Appliance $500 in money. The trade–in provision applies as both conditions “a” and “b” have been met and tax would be due on the $500.

Several months later, Hometown Appliance sells the used refrigerator it received from customer A to the local school district which is exempt from sales tax on its purchase. The trade–in provision on the original transaction is still applicable because both conditions “a” and “b” were met. The sale is “at retail,” even if it is a retail sale exempt from tax.

EXAMPLE 5. ABC Auto Supply is in the business of sell–ing various types of automobile and farm implement supplies. The normal selling price for a car generator is $80. ABC Auto Supply allows a $20 trade–in credit to any customer who wishes to trade in an unworkable generator. At the time ABC accepts the unusable generator it knows that the generator will not be sold at retail; however, ABC Auto Supply does know that the generator will be sold to XYZ Company which is in the business of rebuilding generators by using existing parts plus new parts. In this example the trade–in provision would apply since conditions “a” and “c” have been met.

15.19(2) All the provisions of subrule 15.19(1) apply to the trade–in of vehicles subject to registration when the trade involves retailers of vehicles.

When vehicles subject to registration are traded among persons who are not retailers of vehicles subject to registration, the conditions set forth in 15.19(1)“a” and “b” need not be met. The purchase price is only that portion of the purchase price represented by the difference between the total purchase price of the vehicle subject to registration acquired and the amount of the vehicle subject to registration traded.

This rule applies only when a vehicle is traded for tangible personal property, regardless of whether the transaction is between a retailer and a nonretailer or two nonretailers. The vehicle traded in must be owned by the person(s) trading in the vehicle. It is presumed that the name or names indicated on the title of the vehicle dictate ownership of the vehicle as set forth in Iowa Code section 321.1.

EXAMPLE 1. John Doe has an automobile with a value of $2,000. John and his neighbor Bill Jones, who has an automobile valued at $3,500, decide to trade automobiles. John pays Bill $1,500 cash. Vehicles subject to registration are subject to use tax which is payable to the county treasurer at the time of registration. In this example John would owe use tax on $1,500 since this is the amount John paid Bill and tax is only due on the cash difference. Bill would not owe any use tax on the vehicle acquired through the trade.

EXAMPLE 2. Joe has a Ford automobile with a value of $5,000. Joe and his friend Jim, who has a Chevrolet automobile also valued at $5,000, decide to trade automobiles. Joe and Jim make an even trade, automobile for automobile with no money changing hands. In this example there is no tax due on either automobile because there is no exchange of money.

15.19(3) Trade for services. The trade–in provisions found in Iowa Code sections 422.42(5)“b” and 423.1(8) do not apply to taxable enumerated services. When taxable enumerated services are traded, the gross receipts would be determined based on the value of the service or other consideration.

15.19(4) Three–way trade–in transactions. In a three–way transaction, the agreement provides that a lessee sell to a third–party dealer a vehicle (or other tangible personal property) which the lessee owns. The lessor then purchases another vehicle from the third–party dealer at a reduced price and leases the vehicle to the lessee. The difference between the reduced sale price and retail price of the vehicle is not allowed as a trade–in on the vehicle for use tax purposes.

EXAMPLE. “A” enters into a three–way agreement with “B,” the lessor. Under the terms of the contract, “A” sells a 2000 Ford Taurus owned by “A” to “C,” a used–car dealer. The retail price for the Ford Taurus is $30,000. “C” then sells the Ford Taurus to “B” for the reduced price of $25,000. “B” then leases the Ford Taurus to “A” for a period of 12 months. The $5,000 difference between the reduced sale price and the retail price of the vehicle is not allowed as a trade–in on the sale of the vehicle for use tax purposes.

This rule is intended to implement Iowa Code sections 422.42(5)“b” and 423.1(8). See also Reynolds Motor Co. et al v. Iowa Dep’t. of Revenue, Equity 72050, Dist. Ct. of Scott Cty., Iowa, August 28, 1987.

ITEM 5. Amend 701—Chapter 87 by adopting the following new rule:

701—87.6(451) Applicable rules. Unless otherwise provided in this chapter, the rules found in 701—Chapter 86 apply to the administration of estate tax including, but not limited to, rules regarding statutes of limitations.

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 May is 7.25%.

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 May 10, 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 1.40%

90–179 days Minimum 1.60%

180–364 days Minimum 1.70%

One year to 397 days Minimum 2.00%

More than 397 days Minimum 3.00%

These are minimum rates only. The one year and less are four–tenths of a percent below average rates. Public body treasurers and their depositories may negotiate a higher rate according to money market rates and conditions.

Inquiries may be sent to Michael L. Fitzgerald, Treasurer of State, State Capitol, Des Moines, Iowa 50319.

Pursuant to Iowa Code sections 17A.4 and 478.1 and 2002 Iowa Acts, Senate File 2086, the Utilities Board (Board) gives notice that on April 26, 2002, the Board issued an order in Docket No. RMU–02–5, In re: Threshold for Electric Transmission Line Franchises, “Order Commencing Rule Making.” The Board is proposing to amend 199 IAC 11.1(5), 11.3(2), and 11.4(478) to reflect changes to Iowa Code chapter 478 contained in 2002 Iowa Acts, Senate File 2086. This legislation increased the threshold requirement before an electric line franchise petition is required from 34.5 kilovolts or more to 69 kilovolts or more. 2002 Iowa Acts, Senate File 2086, became effective April 1, 2002.

Pursuant to Iowa Code sections 17A.4(1)“a” and “b,” any interested person may file a written statement of position pertaining to the proposed amendments. The statement must be filed on or before June 4, 2002, by filing an original and ten copies in a form substantially complying with 199 IAC 2.2(2). All written statements should clearly state the author’s name and address and make specific reference to this docket. All communications should be directed to the Executive Secretary, Utilities Board, 350 Maple Street, Des Moines, Iowa 50319–0069.

No oral presentation is scheduled at this time. Pursuant to Iowa Code section 17A.4(1)“b,” an oral presentation may be requested or the Board on its own motion after reviewing the comments may determine that an oral presentation should be scheduled.

These amendments are intended to implement Iowa Code sections 478.1 and 2002 Iowa Acts, Senate File 2086.

The following amendments are proposed.

ITEM 1. Amend subrule 11.1(5) as follows:

11.1(5) Franchise—when required. An electric franchise shall be required for the construction, operation, and maintenance of any electric line which is capable of operating at 34,500 volts 69 kilovolts or more outside of cities.

ITEM 2. Amend subrule 11.3(2) as follows:

11.3(2) When filing is required.

a. A petition for franchise shall be filed with the board for the construction of any electric line outside of a city which is capable of operating at a nominal voltage of 34,500 volts 69 kilovolts or more.

b. A petition for extension of franchise may be filed at any time after the issuance of the franchise, but must be filed prior to its expiration. The extension of more than one franchise may be requested in a single petition, including for all franchised lines in a county as provided for in Iowa Code section 478.13.

However, an extension of franchise is unnecessary for an electric line which is capable of operating at 34,500 volts 69 kilovolts or more, when the line has been permanently retired from operation at 34,500 volts 69 kilovolts or more, and the board has been notified of the retirement. The line may remain in service at a lesser voltage. The notice shall include the franchise number and issue date, the docket number, and, if the entire franchised line is not retired, a map showing the location of the portion retired.

c. A petition for amendment to franchise shall be filed with the board for approval prior to:

(1) Increasing the operating voltage of any electric line, or the level to which it is capable of operating, to a voltage greater than that specified in the existing franchise.

(2) Construction of an additional circuit which is capable of operating at a nominal voltage of 34,500 volts 69 kilovolts or more on a previously franchised line, where an additional circuit at such voltage is not authorized by the existing franchise.

(3) Relocation of a franchised electric line to a route different from that authorized by an existing franchise. For the purpose of this subrule, relocation means changing the route of an existing electric line in a manner which requires that new or additional interests in property be obtained, or that new or additional authorization be obtained from highway or railroad authorities, for a total distance of one mile or more, except that an amendment is not required for relocations made pursuant to Iowa Code section 319.5. Petitions for amendment to franchise may be filed for relocations of less than one mile if the right of eminent domain is sought.

ITEM 3. Amend rule 199—11.4(478), introductory paragraph, as follows:

199—11.4(478) Informational meetings. Not less than 30 days or more than two years prior to filing a petition or related petitions requesting franchise for a new transmission line which is capable of operating at 34.5 69 kilovolts (or for which line, easement will be sought for 34.5 69 kV) or more, with one or more miles of the total proposed route across privately owned real estate, the prospective petitioner(s) shall hold informational meetings in each county in which real property or real property rights will be affected. Informational meetings shall comply with the following:

Pursuant to Iowa Code sections 17A.4, 476.1, 476.1A, 476.1B, 476.2, and 476.20, the Utilities Board (Board) issued an order on September 6, 2001, in Docket No. RMU–01–10, In re: Rights and Remedies for Gas and Electric Customers, “Order Commencing Rule Making.” The Board commenced the rule making to amend 199 IAC 19.4(10)“c” and “d,” 19.4(15)“h”(3), 20.4(11)“c” and “d,” and 20.4(15)“h”(3). The amendments were designed to address problems that occurred during the extreme conditions of the 2000–2001 winter heating season by clarifying the information in the “Rights and Remedies” notice to customers. The only substantive change was to include a provision in 199 IAC 19.4(10)“c” and 20.4(11)“c” that supported the language in the notice concerning the customer proposing a payment agreement.

The Notice of Intended Action for the proposed amendments was published in IAB Vol. XXIV, No. 7 (10/3/01),p. 487, as ARC 0991B. An Amended Notice of Intended Action was published in the IAB Vol. XXIV, No. 12 (12/12/01), p. 895, as ARC 1187B. The amended notice scheduled an oral presentation for January 23, 2002. By order issued January 28, 2002, the Board allowed parties to file additional comments presenting a time line that would result from the proposed amendments and other matters.

Initial comments were filed by MidAmerican Energy Company (MidAmerican), Iowa Association of Electric Cooperatives, Iowa Association of Municipal Utilities, the Consumer Advocate Division of the Department of Justice (Consumer Advocate), Alliant Energy, n/k/a Interstate Power and Light Company, Legal Services Corporation of Iowa (Legal Services), and Peoples Natural Gas Company, Division of UtiliCorp United Inc., n/k/a Aquila Inc., d/b/a AquilaNetworks–PNG (Peoples). Additional comments were filed after the oral presentation by Consumer Advocate, Mid–American Energy, Peoples, and Legal Services.

A significant number of the concerns and proposals presented in the comments dealt with issues beyond the scope of the proposed amendments. In addition, the comments related to the proposed amendments raised issues that will need additional evaluation or pointed out provisions of the “Rights and Remedies” notice that needed to be reviewed for additional revisions. After considering the comments and other issues raised, the Board finds that it will be more efficient and cost–effective to address all of the issues related to the “Rights and Remedies” notice in Chapters 19 and 20 rather than to attempt to clarify and correct inconsistencies on a piecemeal basis.

The Board concluded that a complete revision of the “Rights and Remedies” notice and related rules in Chapters 19 and 20 is likely to be required to remove inconsistencies, for clarity, and to address issues that have been raised since the extreme conditions in the winter of 2000–2001. To accomplish a complete revision of the “Rights and Remedies” notice, the Board will direct that its staff review these rules and contact all interested parties to exchange information about each party’s concerns and positions on the issues involved. After this collaborative effort, the Board may propose another rule making.

Since a later complete revision to the “Rights and Remedies” notice would require changes to the provisions in this proposed rule making, utilities would be required to publish two new “Rights and Remedies” notices within a short period of time. Termination of this rule making will allow utilities to focus on more substantive revisions and prevent the additional cost of making this additional change in their notices.

Pursuant to the authority of Iowa Code section 17A.4(1)“b,” the Board hereby terminates the proposed rule making published in IAB Vol. XXIV, No. 7 (10/3/01), p. 487, as ARC 0991B.

Pursuant to the authority of Iowa Code sections 303.1A(1) and 303.88(1), the Arts Division hereby rescinds Chapter 3, “Technical Assistance Program,” and Chapter 4, “Access to the Arts Funding Program”; adopts new Chapter 5, “Traditional Arts Apprenticeship Program”; amends Chapter 6, “Operational Support Grants to Major and Midsize Arts Organizations”; adopts new Chapter 7, “Arts in Education Artists Roster,” new Chapter 8, “Minigrant Program,” new Chapter 9, “William H. Jackson Scholarship for the Arts,” new Chapter 10, “Project Support Grants for Organizations,” new Chapter 11, “Project Support Grants for Artists,” new Chapter 12, “Arts in Education Project Support Grants,” and new Chapter 13, “Artists in Schools/Communities Residency Program”; and amends Chapter 18, “Artist Directory,” Iowa Administrative Code.

The rule making is a direct result of the new strategic plan, Imagine Iowa 2010: A Cultural Vision, adopted by the Department of Cultural Affairs. The Arts Division reviewed these amendments pursuant to Executive Order Number 8 and gathered input from representatives of constituent groups, grant review advisory panels and the general public.

Notice of Intended Action was published in the March 20, 2002, Iowa Administrative Bulletin as ARC 1485B. No comments were received. These amendments are identical to the Notice of Intended Action.

These amendments are intended to implement Iowa Code section 303.88.

These amendments will become effective June 30, 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 [Chs 3 to 13, 18.2] is being omitted. These amendments are identical to those published under Notice as ARC 1485B, IAB 3/20/02.

[Filed 4/24/02, effective 6/30/02]
[Published 5/15/02]

[For replacement pages for IAC, see IAC Supplement 5/15/02.]

Pursuant to the authority of Iowa Code section 303.1A, the Department of Cultural Affairs hereby amends Chapter 6, “Iowa Community Cultural Grants (ICCG) Program,” and Chapter 8, “Cultural Enrichment Grant (CEG) Program,” Iowa Administrative Code.

These amendments are a direct result of the new strategic plan, Imagine Iowa 2010: A Cultural Vision, adopted by the Department of Cultural Affairs. The Iowa Arts Council reviewed these rules pursuant to Executive Order Number 8 and gathered input from representatives of constituent groups, grant review advisory panels and the general public.

Notice of Intended Action was published in the March 20, 2002, Iowa Administrative Bulletin as ARC 1486B. No comments were received. These amendments are identical to those published under Notice.

These amendments are intended to implement Iowa Code chapter 303.

These amendments will become effective June 30, 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 [6.1 to 6.4, 8.4, 8.7 to 8.9] is being omitted. These amendments are identical to those published under Notice as ARC 1486B, IAB 3/20/02.

[Filed 4/24/02, effective 6/30/02]
[Published 5/15/02]

[For replacement pages for IAC, see IAC Supplement 5/15/02.]

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby amends Chapter 17, “Open Enrollment,” Iowa Administrative Code.

These amendments resolve the difference between Chapter 17 and Chapter 36 regarding athletic eligibility in certain transfer situations.

Notice of Intended Action was published in the Iowa Administrative Bulletin on February 6, 2002, as ARC 1363B. A public hearing was held on February 27, 2002. No oral or written comments on the amendments were received. However, members of the Administrative Rules Review Committee indicated that the Department should defer to the Legislature to make any change in the level (varsity versus nonvar–sity) of interscholastic athletic competitions. Accordingly, the proposed amendment to subrule 17.8(2), first sentence, has not been adopted, leaving that subrule unchanged.

These amendments are intended to implement Iowa Code section 282.18.

These amendments will become effective June 19, 2002.

The following amendments are adopted.

ITEM 1. Amend subrule 17.8(2), paragraphs “e” and “f,” as follows:

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

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

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

[Filed 4/19/02, effective 6/19/02]

[Published 5/15/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/15/02.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby amends Chapter 36, “Extracurricular Interscholastic Competition,” Iowa Administrative Code.

These amendments update the athletic rules and make enforcement uniform for all male and female athletes. These rules were last amended in 1991. A regulatory review of this chapter found that several areas in the chapter required updating.

Notice of Intended Action was published in the Iowa administrative Bulletin on February 6, 2002, as ARC 1345B.

A public hearing was held on February 27, 2002. Three oral and two written comments on the amendments were received and reviewed. No changes were made as a result of the comments. However, three changes have been made to the amendments as Noticed. First, pursuant to direction from the Administrative Rules Review Committee, references to the varsity or nonvarsity level of competition have been eliminated. Second, an effort was made in the Noticed amendments to substitute “member or associate member schools” for “schools or school districts” for the sake of uniformity and clarity. The Department noted that this change had inadvertently not been made in two paragraphs within subrule 36.15(3) and has corrected this oversight. Finally, the final sentence in paragraph 36.14(3)“a” was repeated in paragraph 36.14(3)“b.” This does not change the original intent of this rule.

These amendments are intended to implement Iowa Code section 280.13.

These amendments will become effective June 19, 2002.

The following amendments are adopted.

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

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

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

2. The student eligibility rules of this chapter.

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

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

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

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

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

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

36.14(3) Awards.

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

b. Awards for participation in school programs from other than the student’s school. No student shall receive any award from an individual or outside organization, for high school participation while enrolled in high school, except that nothing in this subrule shall preclude the giving of a complimentary dinner by local individuals, organizations, or groups, with approval of the superintendent, to members of the local high school athletic squad. No student shall accept any trip or excursion of any kind by any individual, organization, or group outside the student’s own school or the governing organization, with the exception of bona fide recruiting trips that meet NCAA requirements. Nothing in this subrule shall preclude or prevent the awarding and the acceptance of an inexpensive, unmounted, unframed paper certificate of recognition as an award, or an inexpensive table favor which is given to everyone attending a banquet.

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

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

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

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

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

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

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

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

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

36.15(3) General transfer rule. A student who transfers from one member or associate member school district to another member or associate member school district, except upon a contemporaneous change in parental residence, shall be ineligible to compete in interscholastic athletics for a period of 90 consecutive school days, as defined in 281—12.2(2) 281—subrule 12.1(8), exclusive of summer enrollment, unless one of the following exceptions to the general transfer rule listed in paragraph 36.15(3)“a” applies. In ruling upon the eligibility of transfer students, the executive board shall consider the factors motivating student changes in residency. Unless otherwise provided in these rules, a student intending to establish residency must show that the student is physically present in the district for the purpose of making a home and not solely for school or athletic purposes.

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

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

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

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

1. Adoption.

2. Placement in foster or shelter care.

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

4. Placement in a juvenile correction facility.

5. Participation in a substance abuse program.

6. Participation in a mental health program.

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

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

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

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

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

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

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

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

36.15(4) Open enrollment transfer rule. A student in grades 10 through 12 whose transfer of schools had occurred due to a request for open enrollment by the student’s parent or guardian is ineligible to compete in interscholastic athletics, but may practice with the team, during the first 90 school days of transfer. However, if an open enrollment student participates in the name of a member school during the summer, the student is ineligible to participate in the name of another member school for the first 90 school days of the following school year. This period of ineligibility does not apply if the student:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Attendance by students is voluntary.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

*See last paragraph of this rule.

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

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

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

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

[Filed 4/19/02, effective 6/19/02]

[Published 5/15/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/15/02.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby amends Chapter 37, “Extracurricular Athletic Activity Conferences for Public School Districts and Accredited Nonpublic Schools,” Iowa Administrative Code.

These amendments update the athletic rules and make enforcement uniform for all male and female athletes. These rules were last amended in 1991. A regulatory review of this chapter found that several areas in the chapter required updating.

Notice of Intended Action was published in the Iowa Administrative Bulletin on February 6, 2002, as ARC 1346B. A public hearing was held on February 27, 2002. No oral or written comments on the amendments were received. These amendments are identical to those published under Notice of Intended Action.

These amendments are intended to implement Iowa Code section 280.13.

These amendments will become effective June 19, 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 [37.1, 37.3 to 37.5] is being omitted. These amendments are identical to those published under Notice as ARC 1346B, IAB 2/6/02.

[Filed 4/19/02, effective 6/19/02]
[Published 5/15/02]

[For replacement pages for IAC, see IAC Supplement 5/15/02.]

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

These amendments increase the fees for new and renewed confinement site and commercial manure applicator certifications. The Department must increase these fees to cover associated program costs.

Notice of Intended Action was published in the February 20, 2002, Iowa Administrative Bulletin as ARC 1384B. No written comments were received and no oral comments were made at the March 20, 2002, public hearing.

The only changes from the Notice of Intended Action are the January 1, 2003, effective dates and the associated language regarding the current fees in Item 1. The effective dates were added to clarify that the new fees will not be charged until the beginning of calendar year 2003.

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

These amendments will become effective June 19, 2002.

The following amendments are adopted.

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

a. Commercial manure applicator. The Effective January 1, 2003, the fee for a new or renewed certification is $50 $200; prior to that date, the fee is $50. However, for the 2002 certification year only, the fee is $25 for a commercial manure applicator whose expiration or renewal date includes or is between January 1 and June 30.

b. Confinement site manure applicator. The Effective January 1, 2003, the fee for a new or renewed certification is $50 $100; prior to that date, the fee is $50. However, the fee is not required if all of the following apply:

(1) to (3) No change.

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

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

[Filed 4/26/02, effective 6/19/02]

[Published 5/15/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/15/02.

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

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

Notice of Intended Action was published in the Iowa Administrative Bulletin on February 20, 2002, as ARC 1387B.

In response to the comments the Department received during the public comment period and the public hearing, the following changes were made to the Notice of Intended Action:

• In subrule 105.1(1), the definitions for “compost maturity,” “compost stability,” “cured compost,” “solid waste composting” and “yard waste” have been amended, and the definition for “organic materials” has been added.

• Subrule 105.1(2) has been reworded to show the three levels of regulation that are described in the subrule. These are facilities exempt from the chapter, permit by rule facilities, and those requiring a solid waste permit.

• Subrule 105.2(2) has been amended to clarify that dead animals cannot be composted without a permit.

• Language has been added to rule 105.3(455B,455D) reminding facilities to comply with applicable local ordinances and notifying facilities of the ramifications of not operating in accordance with this chapter.

• Subrule 105.3(1) has been reworded relating to separation distances from flood plains and a residence.

• Language has been added to subrule 105.3(8) to allow facilities to obtain a variance to keep finished compost longer than 18 months.

• Subrule 105.6(4), which pertains to the application of compost derived from dead animals, has been reworded.

This amendment was approved during the April 15, 2002, meeting of the Environmental Protection Commission.

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

This amendment will become effective on June 19, 2002.

The following amendment is adopted.

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

CHAPTER 105
ORGANIC MATERIALS COMPOSTING FACILITIES

567—105.1(455B,455D) General. This chapter shall apply to the composting of solid and yard wastes. Composting facilities may include vermicomposting, turned windrows, aerated static piles, aerated in–vessel systems, or other methods approved by the department. Composting facilities existing as of June 19, 2002, must comply with the requirements of this chapter within two years or by the permit renewal date, whichever is later.

105.1(1) Definitions. For the purposes of this chapter, the following definitions apply:

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

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

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

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

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

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

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

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

“Compost maturity,” according to Test Methods for the Examination of Composting and Compost (TMECC), means an organo–chemical state of compost that indicates the presence or lack of organic phytotoxic chemicals in stable compost. Measurements for maturity are based on the amount of volatile fatty acids present. Mature compost will have fatty acids of no more than 2 mg/g dry weight solids or as specified in the most recent version of TMECC.

“Compost stability,” according to TMECC, means a stage in the composting process when microbial activity is diminished with the corresponding decrease of available organic carbon and other energy sources. Stability is measured through respiration. Stable compost will have oxygen uptake rates in the range of 0–3.5 mg O₂/g BVS/hr. or as specified in the most recent version of TMECC.

“Cured compost” means compost that is both stable and mature according to the definitions found in this chapter.

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

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

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

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

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

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

“Organic materials” means any material of animal or plant origin.

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

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

“Solid waste composting” means the composting of any organic material with or without yard waste. For the purposes of this chapter, facilities exempt under 105.2(455B, 455D) are not considered solid waste composting facilities. In addition, facilities in compliance with 105.4(455B,455D), 105.5(455B,455D) or 105.6(455B,455D) are not considered solid waste composting facilities. Only facilities that are required to obtain or have a permit are considered solid waste composting facilities.

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

“Yard waste” means vegetative matter such as grass clippings, leaves, garden waste, brush and trees, and any clean wood waste which is necessary as bulking agent and which is free of coatings and preservatives.

105.1(2) There are three different levels of compost facility regulation:

a. Exempt operations in accordance with 105.2(455B, 455D).

b. Permit by rule. Yard waste composting facilities are exempt from having a permit if operated in conformance with 105.3(455B,455D) and 105.4(455B,455D). Composting of dead farm animals generated on the same premises as the composting facility is exempt from having a permit if operated in conformance with 105.3(455B,455D) and 105.6(455B,455D). Small quantity solid waste compost operations as defined in 105.5(455B,455D) are exempt from permitting if operated in conformance with 105.3(455B, 455D) and 105.5(455B,455D).

c. Solid waste composting. Solid waste composting facilities must obtain a permit from the department. Solid waste composting facilities involving municipal sewage sludge shall also operate in conformance with 567—Chapter 67.

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

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

105.1(5) Land application of yard waste shall be in conformance with 567—Chapter 121.

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

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

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

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

567—105.3(455B,455D) General requirements for all composting facilities not exempt pursuant to 105.2(455B, 455D). This rule applies to all composting facilities not exempt under 105.2(455B,455D). Facilities exempt from permitting that do not operate in accordance with this chapter may as a result be required to obtain a solid waste composting permit. Composting facilities shall also operate in accordance with all applicable city and county ordinances and permitting requirements.

105.3(1) The composting facility shall be 500 feet from any existing inhabited residence, not including the residence of the person owning/operating the compost facility, at the time the permit application was received by the department. Composting must be done outside of wetlands, at least 200 feet from public wells, 100 feet from private wells, 50 feet from property lines, and 100 feet from flowing or intermittent streams, lakes, or ponds. Composting done inside the 100–year flood plain shall be in accordance with all local and department regulations including 567—71.5(455B). Sediment ponds, engineered wetlands or other constructed waterways for the purpose of pollution control are excluded from this requirement.

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

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

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

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

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

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

105.3(8) Storage of cured or finished compost shall be limited to 18 months. The 18–month period may be extended with prior written approval from the department.

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

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

Compost shall not be applied to land, sold or given away unless the size of any human–made inert materials is less than 13 mm (0.512 inches).

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

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

a. The location of the composting facility.

b. Legal description of the facility.

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

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

e. Annual capacity of the facility.

f. Method of composting to be employed.

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

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

a. Name of operation.

b. Operating hours.

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

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

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

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

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

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

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

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

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

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

a. The location of the composting facility.

b. Legal description of the facility.

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

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

e. Annual capacity of the facility.

f. Method of composting to be employed.

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

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

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

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

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

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

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

105.6(4) Compost is applied to cropland or pastureland in a manner that prevents the runoff of solids into a water of the state. It is recommended that compost not be applied in excess of a crop’s nitrogen or phosphorus utilization, whichever is more limiting. Application of compost to lands other than cropland or pastureland shall require prior approval by the department.

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

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

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

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

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

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

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

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

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

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

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

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

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

a. The boundaries of the facility.

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

c. North or other principal compass points.

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

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

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

g. Section lines or other legal boundaries.

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

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

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

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

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

d. Flow diagram of all operating steps.

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

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

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

a. Method of composting.

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

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

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

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

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

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

h. Plans for using or marketing the finished compost.

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

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

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

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

105.9(1) Access.

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

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

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

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

a. Name of operation.

b. Operating hours.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

105.14(3) Closure account.

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

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

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

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

e. Initial proof of establishment of account and funds. Proof of the establishment of the account and its compliance with this subrule shall be submitted to the department within 30 days of the close of the permit holder’s first fiscal year that begins after June 19, 2002, or at the time of application for a permit for a new composting facility.

f. Deposits. Deposits into the closure account shall be made on an annual basis for a period of ten years, in the amount specified in this subrule, beginning with the start of the permit holder’s first fiscal year that begins after June 19, 2002. The deposits shall be made within 30 days of the close of the permit holder’s fiscal year. The minimum annual deposit to the closure account shall be determined using the following formula:

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

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

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

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

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

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

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

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

[Filed 4/26/02, effective 6/19/02]

[Published 5/15/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/15/02.

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

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

Notice of Intended Action was published on February 20, 2002, in the Iowa Administrative Bulletin as ARC 1386B. A public hearing was conducted on March 12, 2002, and written comments were accepted on or before that date as well. 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 increasing fire lane widths and setback distances for waste tire storage, requirements for local fire and emergency department reviews of emergency management plans for waste tire storage and processing facilities, and clarification of miscellaneous terms and definitions.

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

These amendments shall become effective June 19, 2002.

The following amendments are adopted.

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

CHAPTER 117
WASTE TIRE MANAGEMENT

567—117.1(455D) Purpose. The purpose of this chapter is to establish guidelines for the proper management of waste tires, including disposal, collection, storage, processing, and beneficial reuse of waste tires and processed waste tire materials. The chapter shall not be construed to exempt a waste tire storage site or processing site from compliance with more stringent local ordinances, fire codes, or other applicable statutes.

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

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

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

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

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

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

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

“Department” means Iowa department of natural resources.

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

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

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

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

“Passenger tire equivalent” means a conversion measurement that is used to estimate waste tire weights and volume amounts and in which one passenger car tire with a rim diameter of 17 inches or less is equal to 20 pounds. One cubic yard of volume shall contain 15 passenger tire equivalents. Tires larger than a passenger car tire shall be evaluated for volume using this conversion measurement.

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

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

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

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

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

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

“Tire bale.” See “baled tire.”

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

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

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

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

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

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

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

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

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

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

117.4(1) Storage quantity limitations.

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

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

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

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

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

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

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

117.4(2) Waste tire stockpile permit.

a. Any tire collector, business or individual storing more than 500 passenger tire equivalents on any one site must obtain a waste tire stockpile permit. An authorized vehicle recycler, as licensed by the Iowa department of transportation, may store up to 3,500 passenger tire equivalents without a waste tire stockpile permit; any storage beyond this amount shall require full compliance with this subrule. This subrule is applicable to the indoor, outdoor, and underground storage of waste tires. If the site cannot meet the conditions to obtain a waste tire stockpile permit, the waste tires must be removed from the site and properly disposed of within 30 days.

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

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

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

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

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

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

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

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

(6) An emergency response and remedial action plan, developed and implemented according to applicable provisions of 567—102.16(455B). The plan shall be developed with the input and review of the local fire department and local emergency management coordinator. The applicant shall provide documentation that an opportunity for such input and review has been received by these local authorities.

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

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

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

a. Aboveground storage, open area.

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

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

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

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

(5) The surface area covered by a waste tire pile shall not exceed 5,000 square feet; the pile may not be constructed upon any waste tire materials or other flammable materials.

(6) A 50–foot fire lane must be maintained between any two tire piles.

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

(8) A waste tire pile must be located at least 50 feet from any property line, street, public right–of–way, or building.

(9) Trees and brush shall be cleared within 50 feet of any tire pile.

(10) Combustible materials or volatile chemicals shall not be stored within 50 feet of any tire pile unless stored in approved fire–resistant containers or cabinets.

(11) A 20–pound Class ABC dry chemical fire extinguisher shall be available within 100 feet of any one portion of the tire storage areas.

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

(13) A waste tire pile must be at least 200 feet from any well, lake, pond, river, stream, sinkhole, or tile line surface intake unless appropriate grading, or the construction of a barrier, dike, or berm, is completed to intercept surface water flows that may impact such interceptors. This distance may then be reduced to 50 feet.

(14) The stockpile site must be secured by a fence or barrier of a minimum of 6 feet in height to impede unauthorized vehicle and personal access. All gates and entry points shall be secured and locked when site personnel are not present.

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

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

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

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

(3) Combustible materials or volatile chemicals shall not be stored in a structure permitted for tire storage unless stored in approved fire–resistant containers or cabinets.

(4) A 20–pound Class ABC dry chemical fire extinguisher shall be available within 50 feet of any one portion of the tire storage areas.

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

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

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

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

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

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

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

(5) For tires placed for storage after July 1, 2002, all such storage areas shall have access lanes, not less than 50 feet in width, arranged so that no portion of the storage area is more than 150 feet from an access lane.

(6) For tires placed for storage after July 1, 2002, the tires shall not be buried by debris, rubble, or other cover within the underground storage site.

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

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

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

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

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

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

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

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

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

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

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

117.6(1) Waste tire processing facility permit.

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

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

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

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

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

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

g. A permitted processing facility shall have an emergency response and remedial action plan, developed and implemented according to applicable provisions of 567— 102.16(455B). The plan shall be developed with the input and review of the local fire department and local emergency management coordinator. The applicant shall provide documentation that an opportunity for such input and review has been received by these local authorities.

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

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

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

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

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

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

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

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

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

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

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

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

b. The processing facility site must be secured by a fence or barrier of a minimum of 6 feet in height to impede unauthorized vehicle and personal access. All gates and entry points shall be secured and locked when site personnel are not present.

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

117.6(3) Preprocessed whole waste tire storage.

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

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

c. Under no circumstance shall a waste tire processor be allowed the storage of more than 75,000 preprocessed waste tires, measured as passenger tire equivalents, through any combination of processing performance or financial assurance determinations. All waste tires on site, including those stored indoors or outdoors or in trucks, trailers, or mobile cages, shall be counted in determining compliance with this rule.

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

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

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

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

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

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

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

(5) A 50–foot fire lane must be maintained between any two tire piles.

(6) A waste tire pile shall not be located within 50 feet of any property line, street, public right–of–way, or building.

(7) A tire pile must be at least 200 feet from any well, lake, pond, river, stream, sinkhole, or tile line surface intake unless appropriate grading, or the construction of a barrier, dike, or berm, is completed to intercept surface water flows that may impact such interceptors. This distance may then be reduced to 50 feet.

(8) Trees and brush shall be cleared within 50 feet of any tire pile.

(9) Combustible materials or volatile chemicals shall not be stored within 50 feet of any tire pile unless stored in approved fire–resistant containers or cabinets.

(10) A 20–pound Class ABC dry chemical fire extinguisher shall be available within 100 feet of any one portion of tire storage areas.

(11) Waste tires stored in trucks, trailers, or mobile containers must be at least 10 feet from any property line or building.

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

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

(1) No more than 25,000 passenger tire equivalents shall be stored indoors.

(2) Combustible materials or volatile chemicals shall not be stored within 25 feet of any waste tire storage area unless they are stored in approved containers pursuant to applicable fire codes.

(3) A 20–pound Class ABC dry chemical fire extinguisher shall be available within 50 feet of any one portion of indoor tire storage areas.

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

117.6(4) Processed tire storage.

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

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

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

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

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

(3) A 50–foot fire lane must be maintained between piles of processed tire material, with the base of the lane kept free from the accumulation of waste tire–derived residuals or materials or other debris.

(4) All processed tire material shall be stored at least 50 feet from any property line, street, public right–of–way, or building.

(5) Trees and brush shall be cleared within 50 feet of the storage of all processed tire material.

(6) A 20–pound Class ABC dry chemical fire extinguisher shall be available within 100 feet of any one portion of processed tire storage areas.

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

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

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

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

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

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

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

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

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

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

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

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

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

117.6(6) Disposal of solid wastes from tire processing.

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

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

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

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

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

117.7(2) Financial assurance amounts required.

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

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

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

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

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

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

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

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

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

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

117.7(4) Financial assurance cancellation and permit suspension.

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

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

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

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

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

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

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

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

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

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

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

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

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

e. Crumb rubber modifiers used in asphalt paving materials;

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

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

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

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

c. Crash barriers at racetracks;

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

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

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

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

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

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

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

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

(5) The mat shall extend 4 to 6 feet out on the channel bottom;

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

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

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

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

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

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

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

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

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

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

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

117.8(4) Required notifications and approval for whole tire uses. Prior to the installation or placement of waste tires for a beneficial use as approved in subrule 117.8(3), the owner or operator of the site of end use shall properly notify or seek approval from the department for the proposed beneficial use under the following circumstances. These circumstances apply to the total combined amount of tire material that already is, or is intended to be, used at the site:

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

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

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

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

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

(4) A description of the beneficial use application;

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

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

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

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

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

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

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

(2) The drainage structure width shall be no less than 3 feet and no more than 6 feet;

(3) The minimum depth of shredded tire material in the trench shall be greater than 4 feet;

(4) The minimum thickness of backfill over the trench shall be 2 feet;

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

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

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

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

(2) Shredded tires used in the system have a minimum dimension of 1 inch on any one side and a maximum dimension of 3 inches on any one side; and

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

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

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

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

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

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

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

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

e. A bulking agent for composting operations at permitted composting facilities, with tire shreds used to be no larger than 3 inches on any one side; and

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

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

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

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

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

(3) An Iowa–licensed professional engineer.

b. Required notifications and approval. Prior to the installation or placement of baled tires for beneficial uses as approved in this rule, the owner or operator of the site of end use shall properly notify or seek approval from the department for the proposed beneficial use under the following circumstances. These circumstances apply to the total combined amount of tire material that already is, or is intended to be, used upon the site:

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

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

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

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

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

4. A description of the beneficial use application;

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

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

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

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

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

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

c. Portable surfaces manufactured from tire faces or tread;

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

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

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

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

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

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

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

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

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

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

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

a. Such tire materials shall be stored in piles or bales for no longer than 60 days prior to the date of application, except for whole waste tires for agricultural uses as specified in paragraph 117.8(3)“d.”

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

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

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

ITEM 2. Rescind 567—Chapter 219.

[Filed 4/26/02, effective 6/19/02]

[Published 5/15/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/15/02.

Pursuant to the authority of Iowa Code section 68B.32A, the Iowa Ethics and Campaign Disclosure Board hereby amends Chapter 7, “Contested Case Procedures,” Iowa Administrative Code.

This amendment shortens from 45 days to 30 days the amount of time that a notice of hearing in a contested case must be served prior to the hearing date.

This amendment was published under Notice of Intended Action in the Iowa Administrative Bulletin on January 9, 2002, as ARC 1272B. This amendment is identical to that published under Notice.

The Board adopted this amendment on April 11, 2002.

This amendment is intended to implement Iowa Code chapters 17A and 68B.

This amendment will become effective on June 19, 2002.

The following amendment is adopted.

Amend subrule 7.5(3) as follows:

7.5(3) Time. The notice of hearing shall be served upon all parties at least 45 30 days before the scheduled hearing date.

[Filed 4/18/02, effective 6/19/02]

[Published 5/15/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/15/02.

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

Notice of Intended Action for these amendments was published in the February 6, 2002, Iowa Administrative Bulletin as ARC 1349B. A public hearing was held on March 1, 2002. No public comment was received.

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

The new Chapter 3 incorporates and modifies existing rules 1.5(142B), smoking; 1.6(18), use of buildings and grounds in the capitol complex; and 1.7(18), solicitation and sales in state owned and occupied buildings in metropolitan Des Moines; and adds rules 3.1(18), definitions, and 3.2(18), security. Rules 3.1(18) and 3.2(18) were Adopted and Filed Emergency and published in the February 6, 2002, Iowa Administrative Bulletin as ARC 1322B, effective January 14, 2002. The rules were adopted to address timely issues of security on the capitol complex at the start of the legislative session and to specify that responsibility for security is shared by the Department of General Services and the Department of Public Safety. Modifications to other rules are for clarification of current policy regarding capitol complex operations including the coordination of events.

Specific public access hours for the Capitol and Historical Building for weekends and holidays have been deleted from the rules since the Notice of Intended Action. Current access hours shall be posted at each public entrance.

The new Chapter 11 incorporates existing rule 1.8(18), state vehicle dispatcher vehicle assignments, into Chapter 11, State Employee Driving Guidelines. The vehicle assignment rule has been reorganized, and changes that are considered insubstantial which were not included in the Notice of Intended Action have been adopted. These revisions were developed in consultation with the Department of Transportation and the regents institutions. Assignment criteria were rewritten to reflect actual applications rather than technical specifications delineating cargo volume and payload to improve clarity, provide flexibility, accommodate year–to–year manufacturer model revisions, and provide simplified administration. Criteria covering pickup trucks and sport utility vehicles were added to reflect their increasing presence in the state fleets. The biennial reporting requirement to the Department of Management on substitutions was deleted to reduce burdensome paperwork. Customer certification procedures effective at the time of vehicle assignment and electronic reservation systems make substitutions all but nonexistent.

State employee driving guidelines have been modified to clarify the effect on state driving privileges of employees when certain traffic laws have been violated and the methods and time frames for action needed to regain state driving privileges.

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

These amendments will become effective July 1, 2002.

The following amendments are adopted.

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

CHAPTER 1
DEPARTMENT ORGANIZATION

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

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

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

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

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

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

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

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

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

These rules are intended to implement Iowa Code section 18.3.

ITEM 2. Rescind 401—Chapter 3 and adopt the following new chapter in lieu thereof:

CHAPTER 3
CAPITOL COMPLEX OPERATIONS

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

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

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

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

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

“Public” means a person on the capitol complex who is not employed by the state of Iowa.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a. For all buildings except the Capitol Building and the Iowa Historical Building, normal office hours are 7 a.m. to 5 p.m., Monday through Friday. Buildings are closed to the public on weekends and state–designated holidays.

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

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

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

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

This rule is intended to implement Iowa Code section 18.10.

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

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

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

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

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

This rule is intended to implement Iowa Code sections 18.10 and 303.9 and chapter 216D.

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

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

CHAPTER 11
STATE EMPLOYEE DRIVING GUIDELINES

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

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

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

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

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

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

“Gross vehicle weight rating (GVWR)” means the weight specified by the manufacturer as the loaded weight of a single vehicle.

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

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

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

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

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

“Private vehicle” means any vehicle not registered to the state of Iowa.

“Special work vehicle” means but is not limited to fire trucks, ambulances, motor homes, buses, medium– and heavy–duty trucks (25,999 lbs. GVWR and larger), heavy construction equipment, and other highway maintenance vehicles, and any other classes of vehicles of limited application approved by the state vehicle dispatcher.

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

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

11.3(1) Agencies subject to vehicle assignment stan–dards. Pursuant to Iowa Code section 18.115(4)“a,” the agencies listed below shall assign all vehicles within their possession, control, or use in accordance with the standards set forth in rule 11.4(18). The following agencies are subject to the vehicle assignment standards in rule 11.4(18):

a. State vehicle dispatcher;

b. State department of transportation;

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

d. The department for the blind; and

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

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

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