Pages 2081 to 2199 include ARC 1713B to ARC 1767B

Administrative rules review committee 2066

Schedule for rule making 2064

Publication procedures 2065

Administrative rules on CD–ROM 2065

Agency identification numbers 2079

Filed, Administrative organization and
procedures, 1.2 to 1.4, 1.5(1), 1.9, 1.11, 1.12
ARC 1716B 2189

Filed, Library for the blind and physically
handicapped, 6.2, 6.5 ARC 1717B 2189

Filed, Business enterprises program, 7.1 to 7.4,
7.5(2), 7.6(1), 7.9(2), 7.10(1), 7.11(1), 7.13,
7.15(1), 7.17, 7.19 ARC 1718B 2189

Filed, Vocational rehabilitation services,
10.1, 10.3 to 10.6, 10.8 to 10.10 ARC 1719B 2189

Filed, Independent living rehabilitation
services, 11.2. to 11.5, 11.7 to 11.11
ARC 1720B 2190

Filed, Public records and fair information
practices, 13.1, 13.3, 13.13 ARC 1721B 2190

CITATION OF ADMINISTRATIVE RULES 2078

General Services Department[401]
Use and scheduling of capitol complex
facilities, 3.4 Delay 2200

Notice, Appeal procedures, 6.6(5), 6.7(4),
6.17, 6.19(6) ARC 1742B 2081

Notice, Open enrollment, 17.2 to 17.5,
17.7, 17.8, 17.10, 17.11 ARC 1741B 2081

Notice, Administrative fee—enrollees in
instructional course for drinking drivers,
21.32, 21.33 ARC 1744B 2084

Notice, Driver education, rescind ch 26
ARC 1743B 2085

Notice, Immediate eligibility for athletics,
36.15(3)“b”(4)“8” ARC 1745B 2085

Notice, Fee—semiannual inspection of
school buses, 43.30 ARC 1748B 2085

Notice, School breakfast and lunch program,
ch 58 ARC 1747B 2086

Notice, Conservation education, rescind ch 68
ARC 1740B 2087

Notice, Charter schools, ch 68 ARC 1746B 2087

Notice, Waiver of school breakfast program
requirement, rescind ch 69 ARC 1739B 2088

Notice, Iowa ethics and campaign disclosure
board; complaint, investigation, and
resolution procedure, chs 1, 5 ARC 1754B 2089

Notice, Reconciled bank statement required with
January report and final report, 4.36, 4.110(3)
ARC 1722B 2091

Notice, Civil penalties, ch 6 ARC 1729B 2092

Delay, Use and scheduling of capitol complex
facilities, 3.4 2200

Notice, Public Notice—Official publication rate
increase for fiscal year July 1, 2002, to
June 30, 2003 2094

Notice, Capitol complex operations—amplified
sound, 3.4(14) ARC 1730B 2094

Notice, Eligibility—food stamps, 65.8, 65.29,
65.30(2) ARC 1764B 2094

Notice, Demand letter to recover food stamp
overissuance—claim calculation available upon
request, 65.21(4) ARC 1765B 2096

Notice, Medicaid reimbursement for prescription
drugs, 79.1(8) ARC 1763B 2096

Notice, Child care centers, 109.1 to 109.3,
109.6(6) ARC 1766B 2097

Notice, Family and group child care homes,
110.1 to 110.13; rescind ch 110, division II
ARC 1767B 2100

Notice, Farmers markets—potentially hazardous
food licenses; seasonal license fee, 30.2,
30.3(4), 30.4(10), 30.7(7), 30.8(6), 31.12
ARC 1749B 2106

Filed Emergency, Farmers markets—potentially
hazardous food licenses; seasonal license
fee, 30.2, 30.3(4), 30.4(10), 30.7(7), 30.8(6),
31.12 ARC 1760B 2183

Notice of proposed workers’ compensation
rate filing 2107

Notice, Electronic filing—investment adviser
representatives, 50.95, 50.98 ARC 1755B 2107

Filed, Long–term care insurance, amendments to
ch 39 ARC 1713B 2190

Notice, Replacement of current qualified
allocation plan—low–income housing tax
credit program, 12.1, 12.2 ARC 1731B 2108

Filed, Fees; permanent physician licensure,
8.4(1), 9.1, 9.4(1), 9.11(6), 9.12(1), 9.13,
9.15(2) ARC 1733B 2191

Filed, Definitions—“approved abuse education
training program”; “mandatory training
for identifying and reporting abuse,” 10.1
ARC 1734B 2191

Filed, Providers of abuse education training;
continuing education acquired within the
license period, 11.1, 11.4(1)“a” ARC 1735B 2192

Filed, Relatives to whom a physician may not
prescribe or dispense controlled substances;
authority of board to issue subpoenas,
12.4(19)“b”(2), 12.6(4), 12.21 ARC 1732B 2192

Filed, Update of federal drug laws, 13.1(1),
13.2 ARC 1736B 2193

Notice, First professional degree; master’s degree,
2.1, 2.3(2), 2.6(2) ARC 1750B 2109

Notice, Method for curriculum approval—
dependent adult and child abuse identification
and reporting course, 3.7(3)“e” ARC 1751B 2109

Filed Emergency, Reinstatement of a delinquent
license—elimination of payment of all back
renewal fees, 3.1, 3.7(5) ARC 1759B 2184

Filed, Enrollees in approved nursing education
programs—active licensure in U.S. jurisdiction
where care is provided, 3.2(2)“d”
ARC 1752B 2195

Filed, Continuing education—sanction imposed
as disciplinary action, 4.7 ARC 1753B 2195

Filed Emergency After Notice, Years of service
incentive program, 1.1, 4.12, 4.13
ARC 1725B 2184

Filed Emergency, Sick leave and vacation incentive
program—fiscal year 2003, 11.1(5)
ARC 1737B 2185

Filed, IPERS, 21.4(1), 21.6, 21.8(4), 21.29,
21.34 ARC 1726B 2195

Notice, Administrative and regulatory authority
for the board of examiners for massage
therapy, ch 130 ARC 1715B 2110

Filed, Dietitians, rescind ch 79; renumber ch 80
to ch 83 as ch 81 to ch 84; adopt new ch 80;
amend 81.1 to 81.13; 82.2(1) ARC 1756B 2196

Filed, Massage therapists, 130.4 to 130.8;
renumber ch 131 as ch 134; adopt ch 131;
renumber ch 132 as ch 133; adopt ch 132;
133.3(2), 133.6, 133.9, 133.10; adopt ch 135
ARC 1714B 2197

Summarized list 2071

Notice, Sex offender registration, 8.303(2),
8.304(6) ARC 1728B 2111

Filed Emergency, Fingerprint cards—private
investigative, private security and bail
enforcement agency licenses and employees,
2.2, 2.4(3), 2.5 to 2.7, 2.10, 2.11 ARC 1762B 2186

Filed, Calibration of preliminary breath testing
equipment, 7.2(1), 7.5 ARC 1727B 2198

Filed Emergency, Sex offender registration,
8.303(2), 8.304(6) ARC 1761B 2187

Notice, Rescind chs 1 to 8; adopt chs 1 to 20
ARC 1738B 2112

Notice of electric and natural gas delivery
tax rate changes 2158

Notice, Licensure standards for substance abuse
treatment programs, amendments to ch 3
ARC 1757 2159

Notice, Licensure standards for correctional
facilities, ch 6 ARC 1758B 2170

Notice, Corrections resulting from review of
rules, amend chs 40, 110, 111, 132, 136,
143, 160, 161, 170, 172 to 174; rescind
ch 128 ARC 1724B 2177

Notice, Motorcycle rider education (MRE),
635.1 to 635.5 ARC 1723B 2180

Notice—Public funds interest rates 2182

Notice 2182

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

__________________________________

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

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

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

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

Subscriptions and Distribution Telephone: (515)242–5120
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If the filing deadline falls on a legal holiday, submissions made on the following Monday will be accepted.

TO: Administrative Rules Coordinators and Text Processors of State Agencies

FROM: Kathleen K. Bates, Iowa Administrative Code Editor

SUBJECT: Publication of Rules in Iowa Administrative Bulletin

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State Capitol
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Telephone: (515)281–3566 Fax: (515)281–8027
lsbinfo@legis.state.ia.us

The Administrative Rules Review Committee will hold its regular, statutory meeting on Tuesday, July 9, 2002, at 9 a.m. in
Room 116, State Capitol, Des Moines, Iowa. The following rules will be reviewed:

To All Agencies:

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

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

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

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

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

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

The following list will be updated as changes occur:

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Agricultural Development Authority[25]

Soil Conservation Division[27]

ATTORNEY GENERAL[61]

AUDITOR OF STATE[81]

CITIZENS’ AIDE[141]

CIVIL RIGHTS COMMISSION[161]

COMMERCE DEPARTMENT[181]

Alcoholic Beverages Division[185]

Banking Division[187]

Credit Union Division[189]

Insurance Division[191]

Professional Licensing and Regulation Division[193]

Accountancy Examining Board[193A]

Architectural Examining Board[193B]

Engineering and Land Surveying Examining Board[193C]

Landscape Architectural Examining Board[193D]

Real Estate Commission[193E]

Real Estate Appraiser Examining Board[193F]

Savings and Loan Division[197]

Utilities Division[199]

CORRECTIONS DEPARTMENT[201]

Parole Board[205]

CULTURAL AFFAIRS DEPARTMENT[221]

Arts Division[222]

Historical Division[223]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

City Development Board[263]

Iowa Finance Authority[265]

EDUCATION DEPARTMENT[281]

Educational Examiners Board[282]

College Student Aid Commission[283]

Higher Education Loan Authority[284]

Iowa Advance Funding Authority[285]

Libraries and Information Services Division[286]

Public Broadcasting Division[288]

School Budget Review Committee[289]

ELDER AFFAIRS DEPARTMENT[321]

EXECUTIVE COUNCIL[361]

GENERAL SERVICES DEPARTMENT[401]

HUMAN RIGHTS DEPARTMENT[421]

Community Action Agencies Division[427]

Criminal and Juvenile Justice Planning Division[428]

Deaf Services Division[429]

Persons With Disabilities Division[431]

Latino Affairs Division[433]

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

Status of Women Division[435]

HUMAN SERVICES DEPARTMENT[441]

INFORMATION TECHNOLOGY DEPARTMENT[471]

INSPECTIONS AND APPEALS DEPARTMENT[481]

Employment Appeal Board[486]

Foster Care Review Board[489]

Racing and Gaming Commission[491]

State Public Defender[493]

LAW ENFORCEMENT ACADEMY[501]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

NATURAL RESOURCES DEPARTMENT[561]

Energy and Geological Resources Division[565]

Environmental Protection Commission[567]

Natural Resource Commission[571]

Preserves, State Advisory Board for[575]

PERSONNEL DEPARTMENT[581]

PUBLIC DEFENSE DEPARTMENT[601]

Emergency Management Division[605]

Military Division[611]

PUBLIC EMPLOYMENT RELATIONS BOARD[621]

PUBLIC HEALTH DEPARTMENT[641]

Substance Abuse Commission[643]

Professional Licensure Division[645]

Dental Examiners Board[650]

Medical Examiners Board[653]

Nursing Board[655]

Pharmacy Examiners Board[657]

PUBLIC SAFETY DEPARTMENT[661]

REGENTS BOARD[681]

Archaeologist[685]

REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]

SECRETARY OF STATE[721]

TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]

TREASURER OF STATE[781]

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Labor Services Division[875]

Workers’ Compensation Division[876]

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

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby gives Notice of Intended Action to amend Chapter 6, “Appeal Procedures,” Iowa Administrative Code.

The proposed amendments update the chapter according to statutory changes in 2002 Iowa Acts, House File 2515.

No public hearing will be held. Written comments will be accepted until July 16, 2002. Comments may be directed to Carol Greta, Legal Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319– 0146; E–mail: carol.greta@ed.state.ia.us.

These amendments are intended to implement 2002 Iowa Acts, House File 2515.

The following amendments are proposed.

ITEM 1. Amend subrule 6.6(5), introductory paragraph, as follows:

6.6(5) Motions for summary judgment. Motions for summary judgment shall comply with the requirements of Iowa Rule of Civil Procedure 237 1.981 and shall be subject to disposition according to the requirements of that rule to the extent such requirements are not inconsistent with the provisions of this rule or any other provision of law governing the procedure in contested cases.

ITEM 2. Amend subrule 6.7(4), introductory paragraph, as follows:

6.7(4) If a party asserts disqualification on any appropriate ground, including those listed in subrule 6.7(1), the party shall file a motion supported by an affidavit pursuant to 1998 Iowa Acts, chapter 1202, section 19(7) Iowa Code section 17A.11(3). The motion must be filed as soon as practicable after the reason alleged in the motion becomes known to the party.

ITEM 3. Amend subrule 6.17(1) as follows:

6.17(1) The presiding officer, after due consideration of the record and the arguments presented, and with the advice and counsel of the staff members, shall make a decision on the appeal. Unless the parties are eligible to and agree to waive their right to a written decision approved by the director or state board of education pursuant to subrule 6.17(7), the The proposed decision shall be mailed to the parties or their representatives by regular mail.

ITEM 4. Amend subrule 6.17(3) as follows:

6.17(3) The decision of the presiding officer shall be placed on the agenda of the next regular board meeting for review of the record and decision unless the decision is issued orally at hearing under subrule 6.17(7) or unless the decision is within the province of the director to make.

ITEM 5. Amend subrule 6.17(4) as follows:

6.17(4) Any adversely affected party may appeal a proposed decision to the state board within 20 days after the date issuance of the proposed decision.

ITEM 6. Rescind and reserve subrule 6.17(10).

ITEM 7. Amend subrule 6.19(6) as follows:

6.19(6) “Good cause” for purposes of this rule shall have the same meaning as “good cause” for setting aside a default judgment under Iowa Rule of Civil Procedure 236 1.977.

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

These proposed amendments update the rules in conformity with Iowa Code section 282.18 as amended by 2002 Iowa Acts, House File 2515.

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

Any interested person may submit oral or written sug–gestions or comments on or before July 16, 2002, by ad–dressing them to Carol Greta, Legal Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319–0146, telephone (515)281–5295; E–mail: carol. greta@ed.state.ia.us.

There will be a public hearing on July 16, 2002, at 1 p.m. in Conference Room 2 South, Grimes State Office Building, Des Moines, Iowa, at which time persons may present their views either orally or in writing.

These amendments are intended to implement Iowa Code section 282.18 as amended by 2002 Iowa Acts, House File 2515.

The following amendments are proposed.

ITEM 1. Amend rule 281—17.2(282) by rescinding the definition of “nuclear family.”

ITEM 2. Amend rule 281—17.2(282), definition of “timely filed application,” as follows:

“Timely filed application” includes an open enrollment request postmarked or hand–delivered on or before January 1, an open enrollment request for “good cause” as defined in Iowa Code section 282.18(16) 282.18(4) as amended by 2002 Iowa Acts, House File 2515, and an open enrollment request filed for a continuation of an educational program postmarked or hand–delivered on or before the Thursday before the third Friday of the following September.

ITEM 3. Amend rule 281—17.3(282), introductory paragraph, as follows:

281—17.3(282) Application process for the 1990–1991 and subsequent school years. The following procedure shall be used by parents/guardians and school districts in processing open enrollment applications.

ITEM 4. Amend subrule 17.3(1) as follows:

17.3(1) Parent/guardian responsibilities. On or before January 1 of the school year preceding the school year for which open enrollment is requested, a parent/guardian shall formally notify both the district of residence and the receiving district of the request for open enrollment. The request for open enrollment shall be made on forms provided by the department of education. The parent/guardian is required to indicate on the form if the request is for a pupil requiring special education, as provided by Iowa Code chapter 256B. The forms for open enrollment application are available from each public school district, area education agency, and the state department of education.

ITEM 5. Amend subrule 17.3(2) as follows:

17.3(2) School district responsibilities. The board of the resident district shall act take no action on an open enrollment request. The board of the receiving district shall act on an open enrollment request no later than February March 1 of the school year preceding the school year for which the request is made. If the request is denied, the parent/guardian shall be notified by the district superintendent within three days following board action and a copy of the application form, indicating the action taken, shall be filed with the department of education. If the request is approved, the district superintendent shall forward the approved application form to the receiving district within five days following board action and shall notify the parent/guardian within three days of this action.

The board of the receiving district shall act to approve or deny an open enrollment request by no later than March 1 following receipt of the request from the resident district. The receiving district superintendent shall provide notification of either approval or denial of the request to the parent/guardian and to the resident district within 15 days of board action and shall file a copy of the application form, indicating the final action on the request, with the department of education.

As an alternative procedure, either the resident board or the receiving board may by policy authorize the superintendent to approve, but not deny, timely filed applications. The board shall have the discretion to determine the scope of the authorization. The authorization may be for regular applications filed on or before January 1, good cause applications, kindergarten applications and continuation applications filed on or before the Thursday before the third Friday of the following September, or any combination that the board determines. The same timelines for approval, forwarding, and notification shall apply.

The parent/guardian may withdraw an open enrollment request anytime prior to the first day of school in the resident district. After the first day of school, an open enrollment request can only be changed during the term of the approval by the procedures of subrules 17.8(3) and 17.8(4).

Boards The board of the resident and receiving districts district shall comply with the provisions of rule 17.11(282) if the application for open enrollment is for a pupil requiring special education as provided by Iowa Code chapter 256B.

By September 30 of each school year, the district all districts shall notify parents of open enrollment deadlines, transportation assistance, and possible loss of athletic eligibility for open enrollment pupils. This notification may be published in a school newsletter, a newspaper of generalcirculation, or a parent handbook provided to all patrons of the district. This information shall also be provided to any parent/guardian of a pupil who transfers into the district during the school year.

ITEM 6. Adopt new subrule 17.3(3) as follows:

17.3(3) Exception to process when resident district is under volunteer or court–ordered desegregation. If the resident district has a voluntary or court–ordered desegregation plan requiring the district to maintain minority and nonminority student ratios, the request for open enrollment shall be filed solely with the district of residence on or before January 1 of the school year preceding the school year for which open enrollment is requested. The superintendent of the resident district may deny a request under this subrule unless the request is made on behalf of a student whose sibling already actively participates in open enrollment to the same receiving district to which open enrollment is sought for this student. A denial by the superintendent may be appealed to the board of the district in which the request was denied. A decision of the local board to uphold the denial may only be appealed to the district court in the county in which is located the primary business office of the district that upheld the denial of the open enrollment request.

ITEM 7. Amend rule 281—17.4(282), introductory paragraph, as follows:

281—17.4(282) Filing after the January 1 deadline—good cause. A parent/guardian may apply for open enrollment after the filing date of January 1 of the school year preceding the school year for which open enrollment is requested if good cause exists for the failure to meet the deadline. Good cause is a change in the status of the pupil’s residence or a change in the status of the pupil’s resident district taking place after January 1, or the closing or loss of accreditation of a nonpublic school of attendance after January 1 resulting in the desire of the parent/guardian to obtain open enrollment for the following school year. If good cause can be established, the parent/guardian shall be permitted to apply for open enrollment in the same manner as if the deadline had been met pursuant to rule 17.3(282).

Consideration of an open enrollment request filed under the provision of good cause, with the exception of the options provided in rule 17.5(282), does not preclude the authority, as appropriate, for the resident or receiving district to administer board policy related to insufficient classroom space or the requirements of a desegregation plan or order in acting to approve or deny the request. (See subrules 17.6(2) and 17.6(3).)

ITEM 8. Amend paragraph 17.4(1)“d” as follows:

d. A guardianship or custody proceeding.

ITEM 9. Rescind and reserve paragraph 17.4(1)“i.”

ITEM 10. Rescind and reserve paragraph 17.4(2)“e.”

ITEM 11. Amend subrule 17.4(3) as follows:

17.4(3) A similar set of circumstances related to change in residence of the pupil or change in status of the resident district Good cause shall not include:

a. Actions of a board of education in the designation of attendance centers within a school corporation and in the assignment of pupils to such centers as provided by Iowa Code section 279.11.

b. Actions of a board of education in making its own rules of government for the internal organization and operation of the school corporation as provided by Iowa Code section 279.8.

ITEM 12. Rescind and reserve subrule 17.4(4).

ITEM 13. Amend subrule 17.4(5) as follows:

17.4(5) Timelines for board action on applications filed after January 1 for good cause. Boards shall utilize the basic time frames established in subrule 17.3(2) in acting on open enrollment requests filed by a parent/guardian citing good cause as defined in subrules 17.4(1) and 17.4(2). The board of the resident receiving district shall act on the request within 30 days of its receipt. As an alternative procedure, the board may by policy authorize the superintendent to approve, but not deny, such applications. The same timelines for approval, forwarding, and notification shall apply. If the request is denied, the parent/guardian shall be notified by the district superintendent within three days following board action and a copy of the application form, indicating the action taken, shall be filed with the department of education. If the request is approved, the district superintendent shall forward the approved application form to the receiving district within five days following board action and shall notify the parent/guardian within three days of this action.

The board of the receiving district shall act to approve or deny an open enrollment request within 30 days following receipt of the request from the resident district. The receiving district superintendent shall provide notification of either approval or denial of the request to the parent/guardian and to the resident district within 15 days of board action and shall file a copy of the application form indicating the final action on the request with the department of education.

ITEM 14. Adopt new subrule 17.4(6) as follows:

17.4(6) Upon receiving a complaint from a resident district that a receiving district has been unreasonable in approving applications submitted after January 1 with good cause for approval, the department shall review the complaint. If the department believes that the receiving district has been unreasonable in approving such applications, the department may counsel the receiving district that its approval was unreasonable or may direct that the receiving district not receive funding for the affected pupil(s).

ITEM 15. Adopt new rule 281—17.5(282) as follows:

281—17.5(282) Filing after the January 1 deadline— good cause inapplicable. A parent/guardian may apply for open enrollment after the filing deadline of January 1 of the school year preceding the school year for which open enrollment is requested if the parent’s/guardian’s child is the victim of repeated acts of harassment or if the child has a serious health condition that the resident district cannot adequately address. If either of these conditions exists, the parent/guardian shall be permitted to apply for open enrollment by sending notification to both the resident and receiving districts.

17.5(1) The board of the resident district shall act on the request within 30 days of its receipt. As an alternative procedure, the board may by policy authorize the superintendent to approve, but not deny, such applications. If the request is denied, the parent/guardian shall be notified by the district superintendent within 3 days following board action, and a copy of the application form, indicating the action taken, shall be filed with the department of education. If the request is approved, the district superintendent shall forward the approved application form to the receiving district within 5 days following board action and shall notify the parent/guardian within 3 days of this action. The board of the receiving district shall act to approve or deny an open enrollment request within 30 days following receipt of the notice of approval from the resident district. The receiving district superintendent shall provide notification of either approval or denial of the request to the parent/guardian and to the resident district within 15 days of board action and shall file with the department of education a copy of the application form indicating the final action on the request.

17.5(2) A denial by either board of a request made under this rule may be appealed by a parent/guardian to the state board of education pursuant to Iowa Code section 290.1.

ITEM 16. Amend rule 281—17.7(282), first unnumbered paragraph, as follows:

As an alternative procedure, either the resident board or the receiving board may by policy authorize the superintendent to approve, but not deny, timely filed applications under this rule. The timelines established in rule 17.4(282) shall apply to applications for a kindergarten pupil.

ITEM 17. Amend subrule 17.8(1) as follows:

17.8(1) Eligibility for transfer. A pupil who has been suspended or expelled by action of the administration or board of the resident district shall not be permitted to transfer if an open enrollment request is filed until the pupil is reinstated for school attendance in the resident district. Once reinstated, the application for transfer shall be considered in the same manner as any other open enrollment request. If a pupil for which whom an open enrollment request has been filed is subsequently expelled by action of the resident district board, the pupil may be denied transfer by the receiving district board until the pupil is reinstated for school attendance by the resident district. The parent/guardian may appeal the decision to deny transfer by the receiving district to the director of the department of education. If the decision of the director is to allow the transfer, this action shall be conditioned upon the expiration of the expulsion imposed by the resident district. The provisions of this subrule shall also apply to a pupil who has been suspended or expelled in a receiving district and is requesting open enrollment transfer to an alternative receiving district or is seeking to return to the resident district as outlined in subrule 17.8(4).

ITEM 18. Amend subrule 17.8(9) as follows:

17.8(9) Appeal procedure. A parent/guardian may appeal the decision of the board of directors of a school district (resident or receiving) on any matter related to open enrollment only on an application for open enrollment under Iowa Code section 282.18(5) as amended by 2002 Iowa Acts, House File 2515. This appeal is to the state board of education and shall comply with the provisions of Iowa Code section 290.1; the . The appeal shall be filed within 30 days of the decision of the district board, it and shall be in the form of an affidavit signed by the parent/guardian, and . It shall state in a plain and concise manner what the parent/guardian feels to be the basis for appeal.

ITEM 19. Amend subrule 17.10(2) as follows:

17.10(2) Dual enrolled pupils. For home–schooled pupils who receive competent private instruction and are dual enrolled, the resident district shall pay each year to the receiving district an amount equal to .1 times the state cost per pupil for the previous year plus phase III money equal to.1 times the per pupil amount for the previous year as provided by Iowa Code chapter 294A plus any moneys received for the pupil as a result of non–English speaking weighting provided by Iowa Code section 280.4. However, a pupil dual enrolled in grades nine through twelve shall be counted in the same manner as a shared–time pupil under Iowa Code section 257.6(1)“c.”

ITEM 20. Amend subrule 17.10(3) as follows:

17.10(3) Home school assistance program pupils. For home–schooled pupils who receive competent private instruction and are registered for a home school assistance program, the resident district shall pay each year to the receiving district an amount equal to .6 times the state cost per pupil for the previous year plus phase III money equal to .6 times the per pupil amount for the previous year as provided by Iowa Code chapter 294A plus any moneys received for the pupil as a result of non–English speaking weighting provided by Iowa Code section 280.4.

ITEM 21. Amend rule 281—17.11(282), introductory paragraph, as follows:

281—17.11(282) Special education students. If a parent/guardian requests open enrollment for a pupil requiringspecial education, as provided by Iowa Code chapter 2576B, this request shall receive consideration under the following conditions. The request shall be granted only if the receiv–ing district is able to provide within that district the appro–priate special education program for that student in ac–cordance with Iowa rules of special education, 281—41.84(256B,273,34CFR300). This determination shall be made by both the resident district and the receiving district in consultation with the resident district and the appropriate area education agency(ies) before approval of the application. In a situation where the appropriateness of the program is in question, the pupil shall remain enrolled in the program of the resident district until a final determination is made. If the appropriateness of the special education program in the resident district is questioned by the parent, then the parent should request a due process hearing as provided by 281— 41.113(1). If the appropriateness of the special education program in the receiving district is at issue, the final determination of the appropriateness of a special education instructional program shall be the responsibility of the director of special education of the area education agency in which the receiving district is located, based upon the decision of a diagnostic–education team from the receiving district which shall include a representative from the resident district that has the authority to commit district resources.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby gives Notice of Intended Action to amend Chapter 21, “Community Colleges,” Iowa Administrative Code.

2002 Iowa Acts, House File 2515, section 37, permits the Department of Education to begin charging an administrative fee to drinking driver offenders who are under a court order to attend an instructional course as part of the offender’s disposition. By law, community colleges and substance abuse treatment programs licensed under Iowa Code chapter 125 offer the instructional course. The Department ap–proves these instructional courses. Proposed rule 281— 21.33(321J) sets the administrative fee as permitted in 2002 Iowa Acts, House File 2515.

In addition, these proposed amendments raise the tuition fee by $10. Currently, offenders pay tuition costs of $75 for the approved 12–hour course and $175 for the court–ordered approved 28–hour weekend course. The fee was last raised in November 1998.

A public hearing will be held on July 16, 2002, at 2 p.m. in Conference Room 2 South, Grimes State Office Building, Des Moines, Iowa, at which time persons may present their views orally or in writing.

Written comments will be accepted until July 16, 2002. Comments may be directed to Karen Poole, Policy Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319–0146. Comments may also be sent to karen.poole@ed.state.ia.us.

These amendments are intended to implement Iowa Code section 321J.22 and 2002 Iowa Acts, House File 2515, section 37.

The following amendments are proposed.

ITEM 1. Amend rule 281—21.32(321J), numbered paragraph “1,” as follows:

1. Each person enrolled in an instructional course for drinking drivers shall pay to the community college or to a substance abuse treatment program licensed under Iowa Code chapter 125 a tuition fee of $75 $85 for the approved 12–hour course, plus a reasonable book fee or $175 $185 for the court–ordered approved 28–hour weekend course, plus a reasonable book fee. For the court–ordered approved 28– hour weekend course, the community college or the substance abuse treatment program licensed under Iowa Code chapter 125 shall set a reasonable fee for lodging, meals, and security.

ITEM 2. Adopt the following new rule:

281—21.33(321J) Administrative fee established. Beginning January 1, 2003, each person enrolled in an instructional course for drinking drivers under this chapter shall be charged an administrative fee of $10. This fee is in addition to tuition and shall be collected by the provider of the instructional course in conjunction with the tuition fee established under 281—21.32(321J). The administrative fee shall be forwarded to the department of education on a quarterly basis as prescribed by the department. If a student has been declared by the court as indigent, no administrative fee will be charged to that student.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby gives Notice of Intended Action to rescind Chapter 26, “Driver Education,” Iowa Administrative Code.

2002 Iowa Acts, House File 2515, transfers, as of July 1, 2002, the administration of driver education from the Department of Education to the Department of Transportation. As a result of regulatory review, the Department finds that the portions of the rule that address motorcycle rider education are no longer needed. Also, local school boards now develop criteria for determining student eligibility for a special minor’s license. This had been a statutory responsibility of the Department.

No public hearing will be held. Written comments will be accepted until July 17, 2002. Comments may be directed to Ann McCarthy, Policy Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319–0146. Comments may also be sent to ann.mccarthy@ ed.state.ia.us.

This amendment is intended to implement 2002 Iowa Acts, House File 2515.

The following amendment is proposed.

Rescind and reserve 281—Chapter 26.

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

The proposed amendment mirrors the language in 2002 Iowa Acts, Senate File 2259. Current Iowa law outlines circumstances under which students choosing to open enroll may be immediately eligible to participate in athletics in the receiving district. 2002 Iowa Acts, Senate File 2259, adds the circumstance of “other court–ordered decree or order of custody” to the permissible reasons for which a student may be considered immediately eligible.

No public hearing will be held. Written comments will be accepted until July 16, 2002. Comments may be directed to Carol Greta, Legal Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319– 0146. Comments may also be sent to carol.greta@ed.state. ia.us.

This amendment is intended to implement Iowa Code section 256.46 as amended by 2002 Iowa Acts, Senate File 2259.

The following amendment is proposed.

Amend numbered paragraph 36.15(3)“b”(4)“8” as follows:

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, or pursuant to other court–ordered decree or order of custody.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby gives Notice of Intended Action to amend Chapter 43, “Pupil Transportation,” Iowa Administrative Code.

2002 Iowa Acts, House File 2515, section 27, allows the Department of Education to charge a fee for the inspection of school buses. The basis of the fee is to cover the cost of the Department’s school transportation staff, which consists of four full–time equivalent employees. This proposed rule sets the fee at $15 per bus per inspection.

A public hearing will be held on July 16, 2002, at 3 p.m. in Conference Room 2 South, Grimes State Office Building, Des Moines, Iowa, at which time persons may present their views orally or in writing.

Written comments will be accepted until July 16, 2002. Comments may be directed to Terry Voy, School Transportation Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319–0146. Comments may also be sent to terry.voy@ed.state.ia.us.

This amendment is intended to implement 2002 Iowa Acts, House File 2515, section 27.

The following amendment is proposed.

Amend rule 281—43.30(285) as follows:

281—43.30(285) Semiannual inspection. To facilitate the semiannual inspection program, school district officials shall send their buses to inspection centers as scheduled. A sufficient number of drivers or other school personnel shall be available at the inspection to operate the equipment for the inspectors. The fee for each vehicle inspection shall be $15.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby gives Notice of Intended Action to rescind Chapter 58, “School Lunch Program,” and adopt new Chapter 58, “School Breakfast and Lunch Program,” Iowa Administrative Code.

The rescission of Chapter 58 and the adoption of a new Chapter 58 result from the Department’s regulatory review. Outdated portions of the existing chapter have been incorporated into the new chapter to reflect current operating procedures. A new provision requiring participants to adopt a procurement policy has been added in response to new federal regulations. Finally, the chapter reflects the statutory change in 2002 Iowa Acts, House File 2515, which eliminates, as of July 1, 2002, the mandate that school districts provide a breakfast program at each attendance center or at an approved alternative site.

No public hearing will be held. Written comments will be accepted until July 17, 2002. Comments may be directed to Julia Thorius, Chief, Bureau of Food and Nutrition, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319–0146. Comments may also be sent to Julia.Thorius@ed.state.ia.us.

This amendment is intended to implement Iowa Code chapter 283A and 2002 Iowa Acts, House File 2515.

The following amendment is proposed.

Rescind 281—Chapter 58 and adopt the following new chapter in lieu thereof:

CHAPTER 58
SCHOOL BREAKFAST AND LUNCH PROGRAM

281—58.1(283A) Authority of state department. Iowa Code chapter 283A authorizes the department of education to administer the school breakfast and lunch programs in the public and nonpublic schools of the state.

281—58.2(283A) Definitions. For the purposes of this chapter, the following definitions apply:

“Attendance center” means a public school of high school grade or under.

“Department” means the Iowa department of education.

“Nutritionally adequate meal” means a breakfast or lunch which meets the minimum criteria for eligibility for federal reimbursement under the federal National School Lunch Act of 1946 and the federal Child Nutrition Act of 1966.

“Other eligible provider” means an institution or organization other than a school district and a nonpublic school that is authorized to provide school breakfast and school lunch programs under the federal National School Lunch Act of 1946 and the federal Child Nutrition Act of 1966.

“School” means a school of high school grade or under.

“School board” means the board of directors regularly elected by the registered voters of a school corporation or district of the state of Iowa.

“School breakfast program or school lunch program” means a program under which breakfasts and lunches or lunches are served by any school in the state of Iowa on a nonprofit basis to children in attendance, including any such program under which a school receives assistance out of funds appropriated by the Congress of the United States.

281—58.3(283A) Agreement required. All programs operated and approved for federal assistance must operate according to the terms of an agreement or contract executed between the department and the individual school district, the authorities in charge of the nonpublic school or other eligible provider. This agreement or contract is continuous and remains in effect until terminated or canceled by either party. The agreement may be terminated upon ten days’ written notice on the part of either party, provided, however, that the department of education may cancel the agreement immediately upon receipt of evidence that the terms and conditions of the agreement or contract have not been met.

281—58.4(283A) State plan. The state plan for the National School Lunch Act of 1946 and the Child Nutrition Act of 1966 shall be reviewed annually according to federal regulations. A copy of such regulations may be obtained at no more than actual cost of reproduction by contacting the department.

Advisory committees shall be established by the director when appropriate. Members shall be appointed by the director. Persons interested in participating in such advisory committees may contact the director. Any advisory committee at the state level shall be established according to federal regulations. Actual costs for lodging and meals for the state level advisory committee shall be paid by the department at current state rates.

Public meetings shall be arranged by the director as desired to assist in reviewing the state plan.

281—58.5(283A) Service area defined. The geographical service area for the National School Lunch Act of 1946 and the Child Nutrition Act of 1966 is the entire state of Iowa. When a service as defined in these two Acts is available in a school or institution, it shall be available to all children in the school or institution.

281—58.6(283A) School breakfast program. A school district, the authorities in charge of a nonpublic school or other eligible provider may operate or provide for the operation of a school breakfast program at all schools in the district or may provide access to a school breakfast program at an alternative site.

281—58.7(283A) School lunch program. A school district shall operate or provide for the operation of lunch programs in all attendance centers in the district. The program shall be provided for all students in each district who attend public school four or more hours each school day and wish to participate.

281—58.8(283A) Procurement. A school board, the authorities in charge of a nonpublic school and each other eligible provider participating in the program shall adopt a policy on the procurement of goods and services used in the administration of the program. If an issue is not covered in the policy, the school district, the authorities in charge of the nonpublic school and each other eligible provider shall follow the appropriate federal regulation.

These rules are intended to implement Iowa Code chapter 283A.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby gives Notice of Intended Action to rescind Chapter 68, “Conservation Education,” Iowa Administrative Code.

2002 Iowa Acts, House File 2515, transfers, as of July 1, 2002, the administration of the Conservation Education Grant Program from the Department of Education to the Department of Natural Resources.

No public hearing will be held. Written comments will be accepted on or before July 16, 2002. Comments may be directed to Ann McCarthy, Policy Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319–0146. Comments may also be sent to ann.mccarthy@ ed.state.ia.us.

This amendment is intended to implement 2002 Iowa Acts, House File 2515.

The following amendment is proposed.

Rescind and reserve 281—Chapter 68.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby gives Notice of Intended Action to adopt Chapter 68, “Charter Schools,” Iowa Administrative Code.

2002 Iowa Acts, Senate File 348, permits the State Board of Education to select ten pilot charter schools. The chartering agent must be a local school district. These proposed rules establish the criteria and point weighting system for those criteria for State Board consideration of applicants.

A public hearing will be held over the ICN from 3:30 to 5 p.m. on August 20, 2002, at which persons may present their views orally or in writing.

The origination site is:

ICN Room, Second Floor

Grimes State Office Building

Des Moines

Additional sites are:

Southwestern Community College

2300 Fourth Street

Red Oak

Buena Vista College

610 West 4th Street

Storm Lake

AEA 7

3712 Cedar Heights Drive

Cedar Falls

Indian Hills Community College

112 South Court Street

Fairfield

Written comments will be accepted until August 20, 2002. Comments may be directed to Laurie Phelan, Education Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319–0146. Comments may also be sent to laurie.phelan@ed.state.ia.us.

These rules are intended to implement 2002 Iowa Acts, Senate File 348.

The following new chapter is proposed.

CHAPTER 68
CHARTER SCHOOLS

281—68.1(79GA,SF348) Purpose. The purpose of a charter school established pursuant to 2002 Iowa Acts, Senate File 348, and this chapter shall be to accomplish the following:

1. Improve student learning;

2. Increase learning opportunities for students;

3. Encourage the use of different and innovative methods of teaching;

4. Require the measurement of learning outcomes and create different and innovative forms of measuring out–comes;

5. Establish new forms of accountability for schools; and

6. Create new professional opportunities for teachers and other educators, including the opportunity to be responsible for the learning program at the school site.

This rule provides the criteria and weighting for those criteria that the state board shall use to determine if an application will be selected as one of ten authorized pilot charter schools.

281—68.2(79GA,SF348) Conditional effectiveness. Pursuant to 2002 Iowa Acts, Senate File 348, section 16, these rules take effect upon such time as the department receives federal funds that are provided to the department under Pub. L. No. 107–110, the No Child Left Behind Act of 2002 (Title V, Part B), for the purposes of providing financial assistance for the planning, program design, and initial implementation of pilot charter schools.

“Department” means the Iowa department of education.

“Pilot charter school” means a new school designated by the state board and created within an existing attendance center, or a new school created by converting an existing attendance center to charter status.

“School board” means a board of directors regularly elected by the registered voters of a school district.

“State board” means the state board of education.

281—68.4(79GA,SF348) Application to a school board. Starting July 1, 2002, a school board shall begin accepting applications for the planning and operation of a charter school within the boundary lines of a school district. Prior to accepting applications, a school board shall adopt procedures, criteria and weighting for the criteria to determine approval or denial of an application. A school board may adopt the procedures, criteria and weighting for the criteria as established by the rule. In addition, an application that has been submitted and subsequent school board action on any application shall, at minimum, meet the provisions of 2002 Iowa Acts, Senate File 348.

68.5(1) Application to the department. Upon approval of an application for the proposed establishment of a charter school, a school board shall submit to the department an application for approval to establish the charter school. The department shall appoint, at a minimum, seven individuals knowledgeable in student achievement and nontraditional learning environments to review each application. A reviewer shall not review any application in which the reviewer has an interest, direct or indirect.

68.5(2) Ranking of applications. Applications shall be ranked on a point system, and applications shall be recommended to the state board in rank order beginning with the application with the highest points. In the event that two or more applications tie, one or more additional reviewers shall review the applications until the tie is broken.

The maximum points for an application shall be 78. The maximum points for each criterion provided in 2002 Iowa Acts, Senate File 348, shall be as follows:

a. Overview. The maximum number of points that may be awarded for the description of the mission, purpose, innovation, and specialized focus of the charter school is 10.

b. Organization and structure. The maximum number of points that may be awarded is 22. The description of organization and structure shall include:

(1) The charter school governance and bylaws.

(2) The method for appointing or forming an advisory council for the charter school. The membership of an advisory council appointed or formed in accordance with this chapter shall not include more than one member of the school board. The advisory council shall, to the greatest extent possible, reflect the demographics of the student population to be served by the pilot charter school.

(3) The organization of the school in terms of ages of students or grades to be taught along with an estimate of the total enrollment of the school.

(4) The method for admission to the charter school. The admission policy shall support the purpose and specialized mission of the charter school.

(5) The number and qualifications of teachers and administrators to be employed.

(6) Procedures for teacher evaluation and professional development for teachers and administrators as required under 281—Chapter 12 and the Iowa teaching standards.

(7) A plan of operation to be implemented if the charter school revokes or fails to renew its contract.

c. Facilities support. The maximum number of points that may be awarded is 18. The description of facilities support shall include:

(1) The provision of school facilities.

(2) The financial plan for the operation of the school including, at a minimum, a listing of the support services the school district will provide, and the charter school’s revenues, budgets, and expenditures.

(3) Assurance of the assumption of liability by the charter school.

(4) The types and amounts of insurance coverage to be obtained by the charter school.

(5) The means, costs, and plan for providing transportation for students attending the charter school.

d. Student achievement. The maximum number of points that may be awarded for the description of the school’s student achievement strategies and measures is 25. The description shall include:

(1) Performance goals and objectives in addition to those required under Iowa Code section 256.7, subsection 21, and 281—Chapter 12, by which the school’s student achievement shall be judged, the measures to be used to assess progress, and the current baseline status with respect to the goals.

(2) The educational program and curriculum, instructional methodology, and services to be offered to students.

(3) A statement indicating how the charter school will meet the purpose of a charter school as outlined in 2002 Iowa Acts, Senate File 348, section 1, subsection 3, and the minimum state and federal statutory requirements of a charter school as outlined in 2002 Iowa Acts, Senate File 348, section 4, subsection 2.

e. Waivers. The maximum number of points that may be awarded for explanation of waiver conditions is 3. The explanation shall include:

(1) The specific statutes, administrative rules, and school board policies with which the charter school does not intend to comply.

(2) The anticipated impact of any requested waiver on students, student achievement, faculty and parents.

68.5(3) State board. The state board shall review the recommendations provided by the department. The state board shall by a majority vote approve or deny an application. The department shall notify applicants within 14 days of the state board’s decision.

These rules are intended to implement 2002 Iowa Acts, Senate File 348.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby gives Notice of Intended Action to rescind Chapter 69, “Waiver of School Breakfast Program Requirement,” Iowa Administrative Code.

2002 Iowa Acts, House File 2515, eliminates, as of July 1, 2002, the mandate that school districts provide a breakfast program at each attendance center or at an approved alternative site. Other relevant parts of the rescinded chapter are being incorporated into proposed 281—Chapter 58 (see ARC 1747B herein).

No public hearing will be held. Written comments will be accepted on or before July 16, 2002. Comments may be directed to Julia Thorius, Chief, Bureau of Food and Nutrition, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319–0146. Comments may also be sent to Julia.Thorius@ed.state.ia.us.

This amendment is intended to implement 2002 Iowa Acts, House File 2515.

The following amendment is proposed.

Rescind and reserve 281—Chapter 69.

Pursuant to the authority of Iowa Code section 68B.32A, the Iowa Ethics and Campaign Disclosure Board hereby gives Notice of Intended Action to rescind Chapter 1, “Complaint, Investigation, and Resolution Procedure,” and adopt new Chapter 1, “Iowa Ethics and Campaign Disclosure Board,” and rescind Chapter 5, “Ethics and Campaign Disclosure Board,” and adopt new Chapter 5, “Complaint, Investigation, and Resolution Procedure,” Iowa Administrative Code.

The proposed amendments renumber current Chapter 1 as Chapter 5 and renumber current Chapter 5 as Chapter 1. The Board believes that the proposed amendments help place similar subject matters together by chapter in the Board’s rules. The proposed amendments also reflect current Board policies and procedures.

The proposed amendments do not provide for waiver, as they reflect current statutory interpretations and practices and do not impose burdens on the regulated community.

Any interested person may make written comment on the proposed amendments on or before July 16, 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.

The proposed amendments are intended to implement Iowa Code sections 68B.32, 68B.32A, and 68B.32B.

The following amendments are proposed.

ITEM 1. Rescind 351—Chapter 1 and adopt the following new chapter in lieu thereof:

CHAPTER 1
IOWA ETHICS AND CAMPAIGN
DISCLOSURE BOARD

1.1(1) The Iowa ethics and campaign disclosure board consists of six members appointed by the governor and confirmed by the senate. At the first meeting in each calendar year the members shall elect a chair, a vice chair, and a second vice chair each to serve a one–year term. Members may be reelected or elected to a different office.

1.1(2) Meetings of the board are held at the call of the chair. The chair sets the time, place, and date of the meetings. Meetings may occasionally be conducted by electronic means. When possible, meetings are announced at least one week in advance. However, when one week’s notice is not possible, meetings shall be announced at least 24 hours prior to the commencement of the meeting pursuant to Iowa Code section 21.4. Notice of meetings shall be given by public notice to the media and also posted in the lobby of the board’s offices and in the office of the Governor, Statehouse, Des Moines, Iowa. The notice contains the tentative agenda of the meeting.

1.1(3) Any interested party may attend and observe board meetings except for the portion that may be closed pursuant to Iowa Code section 21.5. Observers may use cameras or recording devices during the course of a meeting so long as the use of the devices does not materially hinder the proceedings. Open–session and closed–session proceedings shall be electronically recorded by the board. Minutes of meetings are available for viewing at the board offices or via the board’s Web site at www.state.ia.us/ethics. Copies may be obtained pursuant to the applicable copy fee schedule.

1.1(4) Four board members constitute a quorum for conducting business of the board. An affirmative vote of four board members is required for a motion to pass. The meetings shall be generally conducted according to rules of parliamentary procedure.

1.1(5) The duties of the board are listed in Iowa Code section 68B.32A and include but are not limited to: the receipt, examination, and preservation of documents required to be filed; the receipt and processing of complaints alleging violations of Iowa Code chapters 56 (campaign finance) and 68B (ethics); the holding of administrative hearings; and the development and dissemination of information and educational materials related to the law. The board jointly administers the income tax checkoff with the Iowa department of management and the director of the Iowa department of revenue and finance. The board employs an executive director, contracts or employs the services of a legal counsel, and employs other staff as it deems necessary. The executive director is responsible to the board and is responsible for administrative matters and general supervision of board staff. The board’s legal counsel is responsible to the board and serves as the board’s chief legal officer.

1.1(6) The board administers the provisions of Iowa Code chapter 56 relating to state and local campaigns for public office and ballot issues. The board administers the provisions of Iowa Code chapter 68B as applied to executive branch officials, employees, candidates for statewide office, and the immediate family members of all the foregoing. The board administers the provisions of Iowa Code chapter 68B relating to the regulation of executive branch lobbyists. The board provides guidance to local governmental officials, employees, and candidates for local governmental office concerning the provisions of Iowa Code chapter 68B, but does not investigate complaints concerning alleged violations of the chapter by those individuals.

351—1.2(68B) Requirements for requesting board advisory opinions. Any person subject to the board’s jurisdiction may request a board advisory opinion on the application of a statute or rule to a particular factual situation. An authorized agent may seek a board opinion on behalf of any person. The board will not issue opinions to an unauthorized third party. The opinion request shall describe the specific transaction or activity that the requesting person plans to undertake or is presently undertaking. The board may issue opinions pertaining only to Iowa Code chapter 56 or 68B or rules adopted thereunder. The board may on its own motion issue opinions without receiving a formal request.

1.3(1) Requests for board advisory opinions shall be sent to the Iowa Ethics and Campaign Disclosure Board, 514 East Locust, Suite 104, Des Moines, Iowa 50309.

1.3(2) After receiving a qualified opinion request, the board’s legal counsel shall prepare a draft opinion for board review. Upon an affirmative vote of at least four members, the board will issue a board advisory opinion. Advice contained in a board opinion, if followed, constitutes a defense to a complaint filed with the board.

1.3(3) A person who receives a board advisory opinion may, within 30 days after the issuance of the opinion, request modification or reconsideration of the opinion. A request for modification or reconsideration shall be deemed denied unless the board acts upon the request within 60 days of receipt of the request.

1.3(4) Board advisory opinions are public records and shall be made available at the board’s office and via the board’s Web site at www.state.ia.us/ethics.

1.3(5) Nothing in this rule precludes board staff from providing oral or written routine administrative advice when presented with oral or written inquiries from any person.

1.3(6) Nothing in this rule precludes a person who has received routine administrative advice from petitioning for a declaratory order regarding a question which qualifies under 351—Chapter 9. The board will refuse to issue a declaratory order to a person who has previously received a board opinion on the same question, unless the requester demonstrates a significant change in circumstances from those underlying the board opinion.

1.3(7) On an annual basis the board shall review the advisory opinions issued for that year and determine which opinions should be adopted into rule pursuant to the procedures in Iowa Code chapter 17A.

351—1.4(56) Board’s agenda. A person who wishes to be placed upon the board’s agenda for its next meeting shall file a verbal or written request with the board office at least 48 hours prior to the meeting.

1.5(1) As provided by 351—subrule 10.3(7), a price schedule of the costs and fees for copying and mailing shall be posted in the board office. The board shall review the price schedule on an annual basis.

1.5(2) Upon receipt of payment of copying costs and mailing costs, the board shall mail requested copies of reports to any person.

1.5(3) Information regarding individuals that is copied or otherwise obtained from reports and statements required under Iowa Code chapter 56 or 68B shall not be used by any person, other than statutory political committees, for the purpose of soliciting contributions or for any commercial purpose pursuant to Iowa Code section 68B.32A(6). For the purpose of this rule, “soliciting contributions” includes soliciting any type of contribution or donation of money or something of monetary value, such as political or charitable contributions. Information obtained from the reports and statements and used in newspapers, magazines, books, or other similar communications is permissible so long as the principal purpose of such communications is not to solicit contributions or for other commercial purpose.

These rules are intended to implement Iowa Code sections 68B.32 and 68B.32A.

ITEM 2. Rescind 351—Chapter 5 and adopt the following new chapter in lieu thereof:

CHAPTER 5
COMPLAINT, INVESTIGATION,
AND RESOLUTION PROCEDURE

5.1(1) A formal complaint shall be on forms provided by the board and shall be certified under penalty of perjury. The complaint shall contain all information required by Iowa Code section 68B.32B(1).

5.1(2) A formal complaint may not be deemed accepted by the board until after completion of the legal review required by Iowa Code section 68B.32B(4). If the board’s legal counsel opines that the complaint contains a legally sufficient allegation, the complaint is deemed accepted upon the completion of the legal review. If the board’s legal counsel opines that the complaint does not contain a legally sufficient allegation and the board, upon review, makes a determination that the complaint does contain a legally sufficient allegation, the complaint is accepted upon completion of the board review. If the board’s legal counsel opines that the complaint does not contain a legally sufficient allegation and the board, upon review, concurs, the complaint shall be dismissed without having been accepted.

5.1(3) Notice to the subject of a complaint is made only when a complaint is accepted, subject to the conditions of Iowa Code section 68B.32B(3). A complaint is a public rec–ord, subject to the conditions of Iowa Code section 68B.32B(11).

5.1(4) The board’s review of a formal complaint for legal sufficiency is not a contested case proceeding and shall be made solely on the basis of the facts alleged in the complaint.

5.1(5) The board may, on its own motion and without the filing of a complaint by another person, initiate investigations into matters that the board believes may be subject to the board’s jurisdiction. As provided in Iowa Code section 68B.32B(7), persons may provide information to the board for possible board–initiated investigation instead of filing a complaint.

5.2(1) Upon a determination that a formal complaint contains a legally sufficient allegation, the board shall refer the complaint to staff for investigation.

5.2(2) On its own motion the board may refer to staff for investigation matters that the board believes may be subject to the board’s jurisdiction, including matters brought to the board’s attention by members of the public.

5.2(3) Investigations may include the issuance and enforcement of investigative subpoenas requiring the production of books, papers, records, and other real evidence, as well as requiring the attendance and testimony of witnesses for the purpose of an investigative interview.

5.2(4) Upon completion of an investigation, staff shall make a report to the board and may provide a recommendation for board action.

5.2(5) Upon receipt and review of the staff investigative report and any recommendations, the board may:

a. Redirect the matter for further investigation;

b. Dismiss the case for lack of probable cause to believe a violation has occurred;

c. Dismiss the case without a determination regarding probable cause as an exercise of administrative discretion;

d. Make a determination that probable cause exists to believe a violation has occurred and direct administrative resolution of the matter as provided in subrule 5.4(2);

e. Make a determination that probable cause exists to believe a violation has occurred and direct the issuance of a statement of charges and notice of hearing for a contested case proceeding.

351—5.3(68B) Grounds for disciplinary action. The board may impose discipline against a person subject to the board’s jurisdiction who commits a violation of Iowa Code chapter 56 or 68B or rules adopted under either chapter.

5.4(1) If it is determined after a contested case proceeding that a violation of statute or rule under the board’s jurisdiction occurred, the board may impose any of the actions set out in Iowa Code section 68B.32D.

5.4(2) Violations may be handled through administrative resolution rather than through the full investigative and contested case process. The board may order administrative resolution by directing that the person take specified remedial action. The board may also order administrative resolution by issuing a letter of reprimand.

5.4(3) A person subject to board discipline may accept administrative resolution, but is not required to do so. If the person accepts the administrative resolution by complying with the directed remedial action or accepting a letter of reprimand, the matter shall be closed. If the person wishes to appeal the administrative resolution, the person shall make a written request for a contested case proceeding and shall submit the request within 30 days of the date of the correspondence informing the person of the board’s decision.

5.4(4)The board shall issue a statement of charges upon timely receipt of a request for a contested case proceeding to appeal the administrative resolution. The contested case shall be conducted in accordance with the provisions in 351—Chapter 7. The board’s legal counsel shall have the burden of proving the violation. Failure to challenge the administrative resolution through a request for a contested case is a failure to exhaust administrative remedies for purposes of seeking judicial review.

5.4(5) The board may administratively resolve late–filed campaign finance disclosure reports through the provisions in 351—Chapter 6, late–filed personal financial disclosure statements through the provisions in 351—Chapter 11, and late–filed executive branch lobbyist and client reports through the provisions in 351—Chapter 13.

5.4(6) The board may admonish any person who it believes has committed a minor violation to exercise care. An admonishment is not discipline and is not subject to contested case review.

351—5.5(68B) Settlements. Settlements may be negotiated during an investigation or after the commencement of a contested case proceeding. Negotiations on behalf of the board shall be conducted by the board’s legal counsel. All settlements shall be in writing and are subject to approval of a majority of the full board. If the board declines to approve a proposed settlement, it shall be of no force or effect to either party.

These rules are intended to implement Iowa Code section 68B.32B.

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.

The Board’s current rules require a campaign committee to file a copy of the committee’s campaign account bank statement with each January 19 disclosure report and a copy of the final campaign account bank statement when the committee ceases campaign activity and is ready to dissolve. Since committees at the county, city, school, or other political subdivision level often do not raise and spend large amounts of funds or stay in existence for long periods of time, the Board believes the filing of bank statements should not be mandatory for these types of committees. The proposed amendments would permit the Board to retain the option of requesting a campaign bank statement for those committees if there was an error detected on a report or if a complaint was filed.

A waiver provision is included in the proposed amendments.

Any interested person may make written comments on the proposed amendments on or before July 16, 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 chapter 56.

The following amendments are proposed.

ITEM 1. Rescind rule 351—4.36(56,68B) and adopt the following new rule in lieu thereof:

4.36(1) A committee participating in an election at the state level and that is required by Iowa Code section 56.6 to file a disclosure report on or before January 19 of each year shall attach to or submit with that disclosure report a copy of the committee’s bank statement that includes activity through December 31 of the year reported.

4.36(2) A committee participating in an election at the county, city, school, or other political subdivision level and that is required by Iowa Code section 56.6 to file a disclosure report on or before January 19 of each year is not required to attach or submit a copy of the committee’s bank statement unless requested to do so by the board. If such a committee is requested to file the bank statement, the committee shall comply with the requirements of rule 351—4.36(56).

4.36(3) If the bank statement cycle is such that the committee has not received the statement including activity through December 31 by the date for filing the January report, the committee shall separately file or submit the bank statement within ten days after receipt of the statement by the committee.

4.36(4) The committee shall include a reconciliation to justify outstanding checks and other discrepancies between the ending balance on the bank statement and the ending balance on the disclosure report.

4.36(5) A committee that files a final disclosure report shall comply with the requirements of subrule 4.110(3) concerning the filing of a final bank statement.

4.36(6) A committee seeking a waiver from the requirements of this rule may do so in accordance with 351—Chapter 15.

ITEM 2. Rescind subrule 4.110(3) and adopt the following new subrule in lieu thereof:

4.110(3) Final bank statement. A copy of the committee’s final bank statement showing the committee’s closing transactions and a zero balance shall be attached to or submitted with the committee’s final report. Committees participating in elections at the county, city, school, or other political subdivision level are not required to file a final bank statement unless requested to do so by the board. A committee seeking a waiver from the requirements of this subrule may do so in accordance with 351—Chapter 15.

Pursuant to the authority of Iowa Code section 68B.32A, the Iowa Ethics and Campaign Disclosure Board hereby gives Notice of Intended Action to rescind Chapter 6, “Civil Penalties,” Iowa Administrative Code, and adopt a new Chapter 6 with the same title.

This proposed amendment rescinds the Board’s current rules on the assessment of civil penalties for late–filed campaign disclosure reports and adopts new rules that reflect the change in repository for original filings by county, city, school, and other political subdivision committees from the county commissioners of elections to the Board pursuant to 2002 Iowa Acts, House File 2538. These proposed rules include provisions that are currently found in a different chapter of the Board’s rules. The Board believes that all rules concerning civil penalties for late–filed campaign disclosure reports should be in the same chapter. The proposed rules do not change the current civil penalty amounts, except for a reduction in the amount imposed on late–filed independent expenditures.

The rules include a waiver provision.

Any interested person may make written comments on the proposed amendment on or before July 16, 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 sections 56.6 and 68B.32A.

The following amendment is proposed.

Rescind 351—Chapter 6 and adopt the following new chapter in lieu thereof:

CHAPTER 6
CIVIL PENALTIES

6.1(1) Election year reports from all committees, except those for city, school, other political subdivision, and local ballot issues, are delinquent if not received by the nineteenth day of January, May, July, and October. If mailed, the reports are delinquent if they do not bear a United States Postal Service postmark dated on or before the nineteenth day of January, May, July and October.

6.1(2) Off–election year reports for statewide, general assembly, and county committees are delinquent if not received by the nineteenth day of January. If mailed, the reports are delinquent if they do not bear a United States Postal Service postmark dated on or before the nineteenth day of January.

6.1(3) Special election reports of candidates to fill vacancies are delinquent if not received 14 calendar days prior to the special election date. If mailed, the reports are delinquent if they do not bear a United States Postal Service postmark dated on or before 14 calendar days prior to the election date.

6.1(4) Supplementary reports of statewide candidates and candidates for the general assembly are delinquent if not received by the Friday immediately preceding the primary, special, or general election day. If mailed, the reports are delinquent if they do not bear a United States Postal Service postmark dated on or before the Friday before the election day.

6.1(5) Reports from city, school, other political subdivision, and local ballot issue committees are delinquent if not received five days prior to the local election and on the first day of the month following the election. If mailed, the reports are delinquent if they do not bear a United States Postal Service postmark dated on or before the due date. Additionally, election year reports for these committees are delinquent if not received by the nineteenth day of January, May, or July. If mailed, the reports are delinquent if they do not bear a United States Postal Service postmark dated on or before the nineteenth day of January, May, or July.

6.1(6) Off–election year reports for city, school, other political subdivision, and local ballot issue committees are delinquent if not received by the nineteenth day of January and October. If mailed, the reports are delinquent if they do not bear a United States Postal Service postmark dated on or before the nineteenth day of January and October.

6.1(7) Committees that file reports using the board’s electronic filing system must submit the reports on or before 11:59 p.m. of the report due date to avoid being delinquent.

6.1(8) For all committees required to report under this chapter, if the reporting deadline falls on a Saturday or Sunday or holiday, the filing deadline shall be extended to the first working day following the deadline. This extension also applies to the required United States Postal Service postmark date.

6.2(1) In routine resolution of violations for late–filed disclosure reports, the board shall assess and collect monetary penalties for all state and local committees in Iowa and all out–of–state committees that are delinquent in filing a verified statement of registration. After a delinquent committee has filed, the board shall notify the committee of the amount of the assessment by first–class mail to the address on file with the board.

6.2(2) County, city, school, other political subdivision, and local ballot issue committees shall be assessed civil penalties for late–filed reports in accordance with the following schedule:

6.2(3) Statewide, general assembly, state statutory, and state political committees shall be assessed civil penalties for late–filed reports, except for supplemental and special election reports, in accordance with the following schedule:

6.2(4) General assembly candidates’ committees required to file supplementary disclosure reports shall be assessed a $200 civil penalty for filing the supplementary report one or more days delinquent. However, if there is a repeat delinquency on a supplementary report by the same treasurer within a 12–month period, the penalty shall be $400.

Statewide committees required to file supplementary disclosure reports shall be assessed a $400 civil penalty for filing the supplementary report one or more days delinquent. However, if there is a repeat delinquency on a supplementary report by the same treasurer within a 12–month period, the penalty shall be $800.

6.2(5) The committees of general assembly candidates to fill vacancies in special elections shall be assessed a $200 civil penalty for filing the special election report one or more days delinquent.

The committees of statewide candidates to fill vacancies in special elections shall be assessed a $400 civil penalty for filing the special election report one or more days delinquent.

6.2(6)The board shall routinely assess and collect monetary penalties against committees that are organized in a jurisdiction other than Iowa and 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 fifteenth day after the date of the contribution or, if mailed, does not bear a United States Postal Service postmark dated on or before the fifteenth day after the contribution. A 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 penalty shall be $50. However, if the VSR is not filed within 15 days after notice of the delinquency is sent to the committee by the board, the 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. In addition, an Iowa committee that has received a contribution from a committee 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 10 days of notice by the board.

6.2(7) Political committees that make an independent expenditure in excess of $50 on behalf of a candidate but are delinquent in filing the notice of independent expenditure shall be assessed a $25 civil penalty for filing the notice one or more days delinquent, except that if there is a repeat delinquency on a notice of independent expenditure by the same treasurer within a 12–month period, the penalty shall be $50.

351—6.3(56) Requests for waiver of penalties. The board shall assess penalties to all delinquent committees in resolution of violations for late filings. If a committee feels there are mitigating circumstances that prevented its timely filing, the committee may make a written request to the board for waiver of the penalty. Waivers may be granted only under exceptional or very unusual circumstances. The board will review the request and issue a waiver or denial of the request. If a waiver is granted, the board will determine how much of the penalty may be waived based on the circumstances. If a denial or partial waiver is issued, the committee shall promptly pay the assessed penalty.

6.4(1) If the committee accepts administrative resolution of a matter through the payment of the assessed penalty, the matter shall be closed. If the committee chooses to contest the board’s decision to deny the request or grant a partial waiver of an assessed penalty, the committee shall make a written request for a contested case proceeding within 30 days of being notified of the board’s decision.

6.4(2) Upon timely receipt of a request for a contested case proceeding, the board shall provide for the issuance of a statement of charges and notice of hearing. The contested case shall be conducted in accordance with the provisions of 351—Chapter 7. The burden shall remain on the board’s legal counsel to prove that a violation occurred.

6.4(3) Failure to request a contested case proceeding to contest the board’s decision on a waiver request is a failure to exhaust administrative remedies for purposes of seeking judicial review in accordance with Iowa Code chapter 17A.

6.5(1) The remittance shall be made payable and forwarded to: Iowa Ethics and Campaign Disclosure Board, 514 E. Locust Street, Suite 104, Des Moines, Iowa 50309. The remittance shall be deposited in the general fund of the state of Iowa.

6.5(2) Payment may be made at the discretion of the delinquent committee, including funds of the committee or from personal funds of an officer of the committee. In the case of a candidate’s committee, payment may be made from the candidate’s personal funds.

6.5(3) If payment is made from a source other than committee funds, the payment shall be publicly disclosed as an in–kind contribution to the committee. Payments from corporate entities as described in Iowa Code section 56.15 are prohibited, except in the case of a ballot issue committee.

These rules are intended to implement Iowa Code sections 56.6 and 68B.32A.

Notice of Official Publication Rate Increase
For the Fiscal Year Commencing
July 1, 2002, and Ending June 30, 2003

In accordance with Iowa Code section 618.11, the state printing administrator hereby publishes the lineage rate* for newspaper publications of any order, citation, or other publication required or allowed by law (also known as official publications) for the period commencing on July 1, 2002, and ending on June 30, 2003, in the following amounts:

*Lineage rate: “...each line of eight point type two inches in length, or its equivalent.” (Iowa Code section 618.11.)

One insertion = 35.7 cents

Each subsequent insertion = 24.2 cents

The rate becomes effective on July 1, 2002. The rate was determined by applying the formula specified in the statute. According to the federal department of labor, bureau of labor statistics, the consumer price index for all urban consumers increased 1.6% from April 2001 to April 2002. The April index was the most recent index available as of June 11, 2002, the date on which this notice was submitted for publication.

Pursuant to Iowa Code section 618.11, this notice is exempt from the rule–making process in Iowa Code chapter 17A.

Questions with respect to this notice may be directed to:

Scott Bertness, State Printing Administrator

Iowa Department of General Services

Grimes State Office Building

Des Moines, Iowa 50319

Telephone: (515)281–5050

E–mail: scott.bertness@dgs.state.ia.us

Pursuant to the authority of Iowa Code sections 18.4 and 18.10, the Department of General Services hereby gives Notice of Intended Action to amend Chapter 3, “Capitol Complex Operations,” Iowa Administrative Code.

This amendment will ensure that official state business is not disrupted by amplified sound used in rallies, demonstrations or entertainment held during business hours inside state buildings on the capitol complex.

Public comments concerning the proposed amendment will be accepted until 4:30 p.m. on July 16, 2002. Interested persons may submit written, oral or electronic comments by contacting Carol Stratemeyer, Department of General Services, Hoover State Office Building, Level A, Des Moines, Iowa 50319–0104; telephone (515)281–6134; fax (515)242– 5974; E–mail Carol.Stratemeyer@dgs.state.ia.us.

There will be a public hearing on July 16, 2002, from 1 to2 p.m. in the Director’s Conference Room, Department of General Services, Hoover State Office Building, Level A, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendment. Persons with special needs may contact the Department of General Services prior to the hearing if accommodations need to be made.

This amendment is intended to implement Iowa Code section 18.10.

The following amendment is proposed.

Amend rule 401—3.4(18) by adopting the following new subrule:

3.4(14) Sound. Use of amplified sound in public or common areas 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.

Pursuant to the authority of Iowa Code section 234.6, the Department of Human Services proposes to amend Chapter 65, “Administration,” Iowa Administrative Code.

These amendments change policies on eligibility determination for food stamps, based on the Food Stamp Reauthorization Act of 2002. The amendments:

• Change the standard deduction to 8.31 percent of the applicable food stamp net income limit, based on household size. No household will receive a deduction of less than $134 or more than 8.31 percent of the food stamp net income limit for a household of six people. Based on current income limits, the maximum deduction would be $164, and only households with five or more members would have an increased deduction. The current standard deduction is $134 for all households.

• Provide that households that share utility expenses will receive all of the applicable utility standard deduction, rather than a prorated share of that standard. Householdsresponsible to pay any of the heat or air–conditioningexpense will be eligible to receive the heating or air–conditioning utility standard, even if that is an excess fee billed by the landlord. (The current standard utility deductions are $268per month for utility expenses that include heating or air–conditioning costs and $116 per month for expenses that do not include heating or air conditioning.)

• Increase the resource limits for a household that includes a disabled person from $2000 to $3000.

• Exclude from income any educational loan on which payment is deferred, grants, scholarships, fellowships, veterans’ educational benefits, and the like that are excluded under the Medicaid program.

• Remove obsolete provisions exempting income earned in conducting the 2000 census and time–limited changes in the utility standard.

These amendments do not provide for waivers in specified situations because the food stamp program is administered through federal law and regulations that the Department has no authority to waive. (Normally, the Department adopts the federal food stamp regulations by reference, but regulations for this new legislation have not yet been published.)

Any interested person may make written comments on the proposed amendments on or before July 16, 2002. Comments should be directed to the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa 50319– 0114. Comments may be sent by fax to (515)281– 4980 orby E–mail to policyanalysis@dhs.state.ia.us.

These amendments are intended to implement Iowa Code section 234.12.

The following amendments are proposed.

ITEM 1. Amend rule 441—65.8(234) as follows:

Amend subrule 65.8(1) as follows:

65.8(1) Standard allowance for households with heating or air–conditioning expenses. When a household is receiving heating or air–conditioning service for which it is required to pay all or part of the expense or receives assistance under the Low–Income Home Energy Assistance Act (LIHEAA) of 1981, the heating or air–conditioning standard shall be allowed.

a. The standard allowance for utilities which include heating or air–conditioning costs is a single utility standard. This standard is $202 effective August 1, 1991.

b. Beginning October 1, 1992, this allowance shall change annually effective each October 1 using the percent increase reported in the consumer price index monthly periodical for January for fuels and other utilities for the average percent increases for the prior year for all urban consumers United States city average. Any numeral after the second digit following the decimal point will be dropped in this calculation. Any decimal amount of .49 or under will be rounded down. Any decimal of .50 or more will be rounded up to the nearest dollar. The cent amount will be included when calculating the next year’s increase.

Amend subrule 65.8(5) as follows:

65.8(5) Standard allowance for households without heating or air–conditioning expenses. When a household is receiving some utility service other than heating or air conditioning for which it is responsible to pay all or part of the expense, or receives a fee for excess utility cost which can be for excess heating or air–conditioning expense, the following nonheating or air–conditioning standard shall be allowed. These utility expenses cannot be solely for telephone.

a. This standard is $103 effective August 1, 1991.

b. Beginning October 1, 1992, this allowance shall change annually effective each October 1 using the percent increase reported in the consumer price index monthly periodical for January for electric service for the average percent increases for the prior year for all urban consumers United States city average. Any numeral after the second digit following the decimal point will be dropped in this calculation. Any decimal amount of .49 or under will be rounded down. Any decimal of .50 or more will be rounded up to the nearest dollar. The cent amount will be included when calculating the next year’s increase.

Adopt new subrule 65.8(9) as follows:

65.8(9) Standard deduction. Each household will receive a standard deduction from income equal to 8.31 percent of the net income limit for food stamp eligibility. No household will receive an amount less than $134 or more than 8.31 percent of the net income limit for a household of six members.

Rescind subrule 65.8(10).

ITEM 2. Amend rule 441—65.29(234) as follows:

Rescind and reserve subrule 65.29(3).

Amend subrule 65.29(6) as follows:

65.29(6) Student income. In determining eligibility, the department shall exclude educational income, including any educational loans on which payment is deferred, grants, scholarships, fellowships, veterans’ educational benefits, and the like excluded under Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).

a. Notwithstanding anything to the contrary in these rules or regulations, the department shall exclude educational income based on amounts earmarked by the institution, school, program, or other grantor as made available for the specific costs of tuition, mandatory fees, books, supplies, transportation and miscellaneous personal expenses (other than living expenses).

b. If the institution, school, program, or other grantor does not earmark amounts made available for the allowable costs involved, students shall receive an exclusion from educational income for educational assistance verified by the student as used for the allowable costs involved. Students can also verify the allowable costs involved when amounts earmarked are less than amounts that would be excluded by a strict earmarking policy.

c. For the purpose of this rule, mandatory fees include the rental or purchase of equipment, materials and supplies related to the course of study involved.

ITEM 3. Adopt the following new subrule:

65.30(2) Limit for households with a disabled person. The resource limit for a household that includes a disabled person is $3000.

Pursuant to the authority of Iowa Code section 234.6, the Department of Human Services proposes to amend Chapter 65, “Administration,” Iowa Administrative Code.

This amendment removes a provision for wording on the first demand letter sent to recover a food stamp overissuance stating that the claim calculation is available on request. This provision was adopted under a waiver of federal food stamp regulations, which require the claim calculation to be provided to all clients. That waiver expires on December 31, 2002. Iowa is changing its Overpayment Recovery System to be in compliance with federal regulations, so this provision is no longer needed.

This amendment does not provide for waivers in specified situations. The Overpayment Recovery System will automatically print the claim calculation as part of the first demand letter.

Any interested person may make written comments on the proposed amendment on or before July 16, 2002. Comments should be directed to the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa 50319–0114. Comments may be sent by fax to (515)281–4980 or byE–mail to policyanalysis@dhs.state.ia.us.

This amendment is intended to implement Iowa Code section 234.12.

The following amendment is proposed.

Amend subrule 65.21(4) by rescinding the first unnumbered paragraph.

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

This amendment establishes Medicaid reimbursement for prescription drugs based on a state maximum allowable cost, as directed by the Iowa General Assembly in 2002 Iowa Acts, House File 732. This legislation directs the Department to consult with its fiscal agent and the Drug Utilization Review Commission to determine a list of drugs subject to a state maximum allowable cost that will provide the Department with the most significant cost savings in the shortest period of time. Typically, these are drugs sold in several equivalent products at varying prices. The state maximum allowable cost will be set at the average wholesale acquisition cost for all equivalent products, adjusted by a multiplier of at least 1.0, which will be reviewed quarterly.

Currently, Medicaid drug reimbursement is based on the lowest of three amounts (the estimated acquisition cost, the federal maximum allowable cost (if applicable), and the provider’s submitted charge) plus a dispensing fee. The state allowable maximum cost will be a fourth alternative in this comparison for the drugs designated. As with the federal maximum allowable cost, exceptions will be made if the physician certifies that a specific brand of drug is medically necessary for a particular recipient.

This amendment does not provide for waivers in specified situations because all drug claims should be reimbursed on the same basis. Individuals may request a waiver of these provisions under the Department’s general rule on exceptions at rule 441—1.8(217).

Any interested person may make written comments on the proposed amendment on or before July 16, 2002. Comments should be directed to the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa 50319–0114. Comments may be sent by fax to (515)281–4980 or byE–mail to policyanalysis@dhs.state.ia.us.

The Department will hold a public hearing for the purpose of receiving comments on this amendment on July 18, 2002, from 9 to 10 a.m. in the First Floor Southeast Conference Room of the Hoover State Office Building, 1305 East Walnut Street, Des Moines. Comments may be offered at the hearing either orally or in writing. Anyone who intends to attend the hearing and has special requirements, such as hearing or vision impairments, should contact the Office of Policy Analysis at (515)281–8440 and advise of the special needs.

This amendment is intended to implement Iowa Code section 249A.4 and 2002 Iowa Acts, House File 732, section 31.

The following amendment is proposed.

Amend subrule 79.1(8) as follows:

Amend the introductory paragraph as follows:

79.1(8) Prescribed drugs Drugs. The amount of payment shall be based on several factors, in accordance with subject to the upper limits in 42 CFR 447.331 – 333 332, as amended to October 28, 1987 April 18, 2002.

Amend paragraph “a” as follows:

a. Subject to paragraph “b,” reimbursement for covered prescription drugs shall be the lowest of the following, as of the date of dispensing:

(1) The “Estimated estimated acquisition cost (EAC)” is, defined as the average wholesale price as published by First Data Bank less 10 percent. , plus the professional dispensing fee specified in paragraph “g.”

(2) The “Maximum maximum allowable cost (MAC)” is, defined as the upper limit for multiple source drugs established in accordance with the methodology of the Health Care Financing Administration (HCFA) Centers for Medicare and Medicaid Service as described in 42 CFR 447.332(a)(i) and (ii). , plus the professional dispensing fee specified in paragraph “g.”

Rescind paragraph “b” and adopt the following new paragraph in lieu thereof:

b. If prior authorization is received pursuant to 441— subparagraph 78.1(2)“a”(3) and 441—79.8(249A) and a physician certifies in the physician’s handwriting that, in the physician’s medical judgment, a specific brand is medically necessary for a particular recipient, the MAC or SMAC does not apply. In that case, the payment shall be the lesser of the estimated acquisition cost or the submitted charges. If a physician does not so certify, the payment for the product shall be the lower of the MAC or SMAC.

Amend paragraph “e” as follows:

e. The basis of payment for nonprescription drugs shall be the same as specified in paragraph “a” except that the department shall establish a maximum allowable reimbursable cost for these drugs shall be established by the department at the median of using the average wholesale prices of the chemically equivalent products available. The department shall set the maximum allowable reimbursable cost at the median of those average wholesale prices. No exceptions for higher reimbursement for higher cost products will be approved.

Adopt new paragraphs “g” through “j” as follows:

g. For services rendered after June 30, 2002, the professional dispensing fee is equal to $5.17.

h. For purposes of this subrule, “equivalent products” shall be those that meet therapeutic equivalent standards as published in the federal Food and Drug Administration document, “Approved Prescription Drug Products With Therapeutic Equivalence Evaluations.”

i. Pharmacies and providers that are enrolled in the Iowa Medicaid program shall make available drug acquisition cost information, product availability information, and other information deemed necessary by the department for the determination of reimbursement rates and the efficient operation of the pharmacy benefit.

(1) Pharmacies and providers shall produce and submit the requested information in the manner and format requested by the department or its designee at no cost to the department or its designee.

(2) Pharmacies and providers shall submit information to the department or its designee within 30 days following a request for the information unless the department or its designee grants an extension upon written request of the pharmacy or provider.

j. Savings in Medicaid reimbursements attributable to the SMAC shall be used to pay costs associated with determination of the SMAC, before reversion to Medicaid.

Pursuant to the authority of Iowa Code section 237A.12, the Department of Human Services proposes to amend Chapter 109, “Child Care Centers,” Iowa Administrative Code.

These amendments:

• Modify the definition of “child” to be consistent with the definition in Iowa Code Supplement section 237A.1 as amended by 2002 Iowa Acts, Senate File 2205.

• Clarify what is meant by “child care” and who must be licensed as outlined in Iowa Code chapter 237A as amended by 2002 Iowa Acts, Senate File 2205.

• Change the time period of a license from one year to 24 months.

• Clarify the inspection and evaluation procedures for a 24–month license to be consistent with Iowa Code chapter 237A and the requirements in the current rules.

• Clarify when a previously issued license can be reduced to a provisional license and when a provisional license can be reissued.

• Change the frequency of child abuse and criminal rec– ord checks to a minimum of every two years instead of five years.

• Allow the Department to refuse to act on a licensing application for 12 months after an applicant’s child care center license has been denied or revoked.

• Eliminate references to “regional offices.”

These amendments do not provide for waivers in specified situations. Except for the frequency of record checks, these changes are based on legislation to which the Department does not have authority to make an exception. The Department does not believe that it is in the public’s best interest to waive rules on the frequency of record checks. Individuals may request a waiver of child care licensing standards under the Department’s general rule on exceptions at rule 441—1.8(17A,217).

Any interested person may make written comments on the proposed amendments on or before July 16, 2002. Comments should be directed to the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa 50319– 0114. Comments may be sent by fax to (515)281–4980 orby E–mail to policyanalysis@dhs.state.ia.us.

The Department is holding public hearings on this Notice of Intended Action at the places and times listed below. People appearing at these hearings may make oral presentations or submit written comments:

These amendments are intended to implement 2002 Iowa Acts, Senate File 2205.

The following amendments are proposed.

ITEM 1. Amend rule 441—109.1(237A) by amending the definitions of “child” and “child day care” as follows:

“Child” means a person under 18 years of age receiving care at a child care center. either of the following:

“Child day care” or “child care” means the care, supervision, or guidance of a child by a person other than the parent, guardian, relative or custodian for periods of less than 24 hours per day per child on a regular basis in a place other than the child’s home, but does not include care, supervision, or guidance of a child by any of the following:

1. An instructional program administered by a public or nonpublic school system accredited by the department of education or the state board of regents or a program provided under Iowa Code section sections 279.49 and 280.3A.

2. A Any of the following church–related instructional program programs of not more than one day per week.:

3. Short–term classes of less than two weeks’ duration held between school terms or during a break within a school term.

4. A child care center for sick children operated as part of a pediatrics unit in a hospital licensed by the department of inspections and appeals pursuant to Iowa Code chapter 135B.

5. A nonprofit program operated not more than one day per week by volunteers for no charge for not more than 2 hours during any 24–hour period. that meets all the following conditions:

6. A program provided by the state or political subdivision, which provides recreational classes for a period of less than two hours per day nationally accredited camp.

7. A program administered by a political subdivision of the state which is primarily for recreational or social purposes and is limited to children who are five years of age or older and attending school.

8. An instructional program administered by a nonpublic school system which is not accredited by the department of education or state board of regents.

ITEM 2. Amend rule 441—109.2(237A) as follows:

Amend subrule 109.2(1) as follows:

Amend paragraph “a” as follows:

a. Any adult or agency has the right to make application apply for a license. The application for a license shall be made to the regional office of the department on Form 470– 0722, Application for a License to Operate a Child Care Center, provided by the department.

Amend paragraph “c” as follows:

c. When a center makes a sufficient application for an initial or renewal license, it may operate for a period of up to 120 days, pending a final licensing decision. A center has made a sufficient application shall include when it has submitted the following to the department:

(1) An application for a license has been submitted to the regional office.

(2) An approved fire marshal’s report has been submitted to the regional office.

(3) A floor plan has been submitted to the regional office indicating room descriptions and dimensions, including location of windows and doors.

(4) Information sufficient to determine that the center director meets minimum personnel qualifications shall be submitted to the regional office.

Adopt the following new paragraph “e”:

e. The department shall not act on a licensing application for 12 months after an applicant’s child care center license has been denied or revoked.

Amend subrule 109.2(2), paragraph “a,” as follows:

a. An applicant showing full compliance with center licensing laws and these rules, including department approval of center plans and procedures, shall be issued a license for one year 24 months. The department shall conduct at least one unannounced visit during each licensing year. In determining whether or not a center is in compliance with the intent of a licensing standard outlined in this chapter, the department shall make the final decision.

Amend subrule 109.2(3), paragraphs “a” and “b,” as follows:

a. A provisional license may be issued or a previously issued license may be reduced to a provisional license for a period up to one year when the center does not meet all standards imposed by law and these rules.

b. A provisional license shall be renewable when written plans giving specific dates for completion to bring the center up to standards are submitted to and approved by the department. A provisional license shall not be reissued for more than two consecutive years when the lack of compliance with the same standards has not been corrected within two years.

Amend subrule 109.2(6), paragraph “b,” as follows:

b. An applicant or licensee affected by an adverse action may request a hearing by means of a written request directed to the county office, regional office, or central office of the department. The request shall be submitted within 30 days after the date the department mailed the official notice was mailed containing the nature of the denial, revocation, or suspension.

ITEM 3. Rescind rule 441—109.3(237A) and adopt the following new rule in lieu thereof:

441—109.3(237A) Inspection and evaluation. The department shall conduct an on–site visit in order to make a licensing recommendation for all initial and renewal applications for licensure and shall determine compliance with licensing standards imposed by licensing laws and these rules when a complaint is received.

109.3(1) At least one unannounced on–site visit shall be conducted each calendar year.

109.3(2) After each visit and complaint, the department shall document whether a center was in compliance with center licensing standards imposed by licensing laws and these rules.

109.3(3) The written documentation of the department’s conclusion as to whether a center was in compliance with licensing standards for all licensing visits and complaints shall be available to the public. However, the identity of the complainant shall be withheld unless expressly waived by the complainant.

ITEM 4. Amend subrule 109.6(6), paragraphs “a” and “c,” as follows:

a. The regional administrator or designee department shall make the evaluation and decision. Within 30 days of receipt of the completed Form 470–2310, the regional administrator or designee department shall mail to the individual on whom the evaluation was completed and to the employer Form 470–2386, Record Check Decision, that explains the decision reached regarding the evaluation of an abuse or crime and shall notify the employer. The regional administrator or designee department shall also issue Form 470–2386 when an applicant fails to complete the evaluation form within the ten–calendar–day time frame.

c. The child abuse and criminal record checks shall be repeated a minimum of every five two years or if and when the department or center becomes aware of any founded abuses, convictions of crimes, or placement on the sex offender registry. The department shall evaluate any founded abuses or convictions of crimes since the last criminal record check or child abuse record check using the same process.

Pursuant to the authority of Iowa Code section 237A.12, the Department of Human Services proposes to amend Chapter 110, “Family and Group Child Care Homes,” Iowa Administrative Code.

These amendments establish registration requirements for three categories of child care providers and change the renewal period for registration certificates, as directed by 2002 Iowa Acts, Senate File 2205. Under this legislation, homes serving five or fewer children are defined as “child care homes” and are not required to be registered. Homes serving six or more children are defined as “child development homes” and must be registered to operate. Under current rules, registration is voluntary unless the provider serves more than six children.

The three new categories replace the former categories of “family child care home,” “group child care home,” and “group child care home–joint registration,” and also replace the four–level child care home registration pilot program that has been operating in 23 Iowa counties. For providers that are currently registered, the new rules will take effect when the registration is renewed. Existing registration certificates will remain valid for their stated terms.

The Department developed standards for the new categories in cooperation with the Child Care Home Regulation Work Group, representing child care providers, child care home consultants, parents, child advocates, and the State Child Care Council. Changes in health and safety standards were written in consultation with the Iowa Department of Public Health.

As required under the current rules, all child development homes must meet a certain core of standards. Changes in these standards include additional requirements for first–aid kits, safety gates, fire extinguishers, smoke detectors, control of animals, swimming and wading pools, private sewer and waste water treatment, and placement of infants when sleeping. Smoking is prohibited in the home, play area, and vehicles transporting children. Also, all providers must obtain 12 hours of training each year to maintain registration.

As under the four–level pilot, the new categories link the authorization to provide care for a greater number of children to more stringent standards for provider qualifications and physical facilities. Category A, the basic category, allows a provider to care for six children, of whom at least three must be over 18 months of age, plus two school–age children for less than two hours at a time.

Category B allows for more school–age and part–time children, with the requirement that an assistant be present when more than eight children are in care for more than two hours. Providers must be at least 20 years old, have a high school diploma or GED, and have either additional education or experience in providing child care. There are additional requirements for space and exits.

Category C allows for more children at all ages. The home must have two fully qualified providers. Each must be at least 21 years old, and child care experience is required. Both providers must be present when there are four children under the age of 18 months in care or more than eight children are present. There are additional requirements for space and exits.

Transitional exceptions to the limits on numbers of children in care are allowed when a currently registered provider is caring for more infants or school–age children when the registration is renewed than are allowed under the new legislation. The existing exception to the limit on the number of children allowed to be in care when school closes due to inclement weather is broadened to include all circumstances resulting in emergency school closings.

Other than these exceptions, these amendments do not provide for waivers in specified situations because requirements for registration should be uniform for all providers. Individuals may request a waiver of child care registration standards under the Department’s general rule on exceptions at rule 441—1.8(217).

Any interested person may make written comments on the proposed amendments on or before July 16, 2002. Comments should be directed to the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa 50319–0114 Comments may be sent by fax to (515)281–4980 or by E–mail to policyanalysis@dhs.state.ia.us.

The Department is holding public hearings on this Notice of Intended Action at the places and times listed below. People appearing at these hearings may make oral presentations or submit written comments:

These amendments are intended to implement Iowa Code section 237A.12 and 2002 Iowa Acts, Senate File 2205.

The following amendments are proposed.

ITEM 1. Amend 441—Chapter 110, title and preamble, as follows:

FAMILY AND GROUP CHILD CARE
DEVELOPMENT HOMES

PREAMBLE

This division establishes registration procedures for family and group child care development homes and group child care–joint registration homes. Included are application and renewal procedures, standards for providers, and procedures for compliance checks and complaint investigation.

ITEM 2. Amend rule 441—110.1(237A) as follows:

Rescind the definitions of “family child care home,” “group child care home,” “group child care home–joint registration,” and “inclement weather.”

Amend the definitions of “assistant,” “child,” “child care,” “provider,” “registration,” and “registration certificate” as follows:

“Assistant” means a responsible person aged 14 or older. The assistant may never be left alone with children. Ultimate responsibility for supervision is with the child care provider.

“Child” means a person under 18 years of age either of the following.:

“Child care” means the care, supervision, or guidance of a child by a person other than the child’s parent, guardian, relative or custodian for periods of less than 24 hours per day per child on a regular basis in a place other than the child’s home. Child care shall not mean special activity programs that meet on a regular basis such as music or dance classes, organized athletics or sports programs, scouting programs, or hobby or craft classes or clubs.

“Provider” means the adult listed on the registration certificate person or program that applies for registration to provide child care and is approved for as a family or group child care development home, or the adult who is responsible and provides the child care in an unregistered family child care home. In a group child care home–joint registration, each individual is considered to be the provider, registrant, owner, or operator as used in this chapter.

“Registration” means the process by which child care providers certify that they comply with rules adopted by the department. This process is voluntary for family child care home providers, and mandatory for group child care home providers.

“Registration certificate” means the written document issued by the department of human services to publicly state that the provider has certified in writing compliance with the minimum requirements for registration of a family or group child care home or group child development care home–joint registration.

Adopt new definitions of “child development home” and “part–time hours” as follows:

“Child development home” means a person or program registered under this chapter that may provide child care to six or more children at any one time.

“Part–time hours” means the hours that child development homes in categories B and C are allowed to exceed their maximum preschool or school–age capacity. A provider may use a total of up to 180 hours per month as part–time hours. No more than two children using part–time hours may be in the child development home at any one time.

ITEM 3. Amend rule 441—110.2(237A) as follows:

Amend the introductory paragraph as follows:

441—110.2(237A) Application for registration. A provider shall apply for registration on Form 470–3384, Application for Child Development Home Registration, provided by the department’s local office or, if available, on the department’s Web site. The provider shall also use Form 470–3384 to inform the department of any changes in circumstances that would affect the registration.

Rescind subrules 110.2(1), 110.2(2), and 110.2(3).

ITEM 4. Amend rule 441—110.3(237A) as follows:

441—110.3(237A) Renewal. Renewal of registration shall be completed yearly every 24 months. To request renewal, a provider shall submit Form 470–3384, Application for Child Development Home Registration, and copies of certificates of training, to be retained in the registration file. The renewal process shall include completion of child abuse, sex offender, and criminal record checks.

ITEM 5. Rescind rule 441—110.4(237A) and adopt the following new rule in lieu thereof:

441—110.4(237A) Number of children. The number of children shall conform to the following standards:

110.4(1) Limit. Except as provided in subrule 110.4(3), no greater number of children shall be received for care at any one time than the number authorized on the registration certificate.

110.4(2) Children counted. In determining the number of children cared for at any one time in a child development home, each child present in the child development home shall be considered to be receiving care unless the child is described by one of the following exceptions:

a. The child’s parent, guardian, or custodian established or operates the child development home and either the child is attending school or the child receives child care full–time on a regular basis from another person.

b. The child has been present in the child development home for more than 72 consecutive hours and meets the requirements of exception “a” as though the person who established or operates the child development home is the child’s parent, guardian, or custodian.

110.4(3) Exception for emergency school closing. On days when schools are closed due to emergencies such as inclement weather or physical plant failure, a child development home may have additional children present in accordance with the authorization for the registration category of the home and subject to all of the following conditions:

a. The child development home has prior written approval from the parent or guardian of each child present in the home concerning the presence of additional children in the home.

b. The child development home has a department–approved assistant, aged 14 or older, on duty to assist the care provider, as required for the registration category of the home.

c. One or more of the following conditions are applicable to each of the additional children present in the child development home:

(1) The home provides care to the child on a regular basis for periods of less than two hours.

(2) If the child were not present in the child development home, the child would be unattended.

(3) The home regularly provides care to a sibling of the child.

d. The provider shall maintain a written record including the date of the emergency school closing, the reason for the closing, and the number of children in care on that date.

ITEM 6. Amend rule 441—110.5(237A) as follows:

Amend the introductory paragraph as follows:

441—110.5(237A) Standards. The provider shall certify that the child care development home meets the following conditions: standards and also the standards in either rule 110.8(237A), 110.9(237A), or 110.10(237A), specific to the category of home for which the provider requests registration.

Amend subrule 110.5(1) as follows:

110.5(1) Health and safety. Conditions in the home are shall be safe, sanitary, and free of hazards. This shall include at a minimum:

a. The home shall have A a non–pay, working telephone with emergency numbers posted for police, fire, ambulance, and the poison information center. A cell phone shall not be used as the primary phone. The number for each child’s parent, for a responsible person who can be reached when the parent cannot, and for the child’s physician shall be readily accessible by the telephone.

b. All medicines and poisonous, toxic, or otherwise unsafe materials shall be secured from access by a child.

c. First–aid supplies which include, but are not limited to, adhesive bandages, antiseptic cleansing materials, tweezers, and disposable plastic gloves. A first–aid kit shall be available and easily accessible whenever children are in the child development home, in the outdoor play area, and on field trips. The kit shall be sufficient to address first aid related to minor injury or trauma and shall be stored in an area inaccessible to children.

d. Medications shall be given only with the parent’s or doctor’s written authorization. Each prescribed medication shall be accompanied by a physician’s or pharmacist’s direction. Both nonprescription and prescription medications shall be in the original container with directions intact and labeled with the child’s name. All medications shall be stored properly and, when refrigeration is required, shall be stored in a separate, covered container so as to prevent contamination of food or other medications. All medications shall be stored so they are inaccessible to children.

e. Electrical wiring shall be maintained with all accessible electrical outlets safely capped and electrical cords properly used. Improper use would include includes running cords under rugs, over hooks, through door openings, or other use that has been known to be hazardous.

f. Combustible materials are shall be kept away from furnaces, stoves, or water heaters.

g. Safety barriers at stairways for children not attending kindergarten or a higher grade level and for special needs children. Approved safety gates at stairways and doors shall be provided and used as needed.

h. A safe outdoor play area shall be maintained in good condition throughout the year,. The play area shall be fenced off when located on a busy thoroughfare or near a hazard which may be injurious to a child, and with shall have both sunshine and shade areas. The play area shall be kept free from litter, rubbish, and flammable materials and shall be free from contamination by drainage or ponding of sewage, household waste, or storm water.

i. Annual laboratory analysis of a private water supply shall be conducted to show satisfactory bacteriological quality. When children under the age of two are to be cared for, the analysis shall include a nitrate analysis. When private water supplies are determined unsuitable for drinking, commercially bottled water or water treated through a process approved by the health department or designee shall be provided.

j. Emergency plans in case of fire or tornado shall be written and posted by the primary and secondary exits. The plans shall include a diagram with the exits and an outside meeting place noted.

k. Fire and tornado drills shall be practiced monthly and the provider shall keep documentation evidencing compliance with monthly practice kept on file by the provider.

l. In order to prevent burns, a A safety barrier shall surround any heating stove or heating element, in order to prevent burns.

Rescind subrule 110.5(2) and adopt the following new subrule in lieu thereof:

110.5(2) Provider files. A provider file shall be maintained and shall contain the following:

a. A physician’s signed statement that the provider and members of the provider’s household are free of diseases or disabilities that would prevent good child care. This statement shall be obtained at the time of the first registration, and at least every three years thereafter, on all members of the provider’s household that may be present when children are in the home.

b. Certificates or other documentation verifying the following required training:

(1) The provider shall receive two hours of approved child abuse and neglect mandatory reporter training during the first three months of registration as a child development home and every five years thereafter.

(2) During the first three months of registration as a child development home, the provider shall receive certification in infant and child first–aid that includes management of a blocked airway and rescue breathing. The provider shall maintain a valid certificate indicating the date of training and expiration date.

First–aid training shall include an overview of emergency medical services and procedures for accessing emergency medical services. This training shall be provided by a nationally recognized training organization, such as the American Red Cross, the American Heart Association, the National Safety Council, or Emergency Medical Planning (Medic First Aid) or an equivalent certification approved by the department.

(3) During the first year of registration, the provider shall receive a minimum of 12 hours of training. Two hours of the training must be in the area of health and safety.

(4) During the second year of registration and each succeeding year as a child development home, the provider shall receive a minimum of 12 hours of training chosen from the following categories:

1. Health, safety, and nutrition.

2. Child growth and development.

3. Child observation and assessment.

4. Interactions with children.

5. Learning experiences and environment.

6. Families and communities.

7. Program management.

8. Professional development.

The provider shall receive at least six hours of the hours of training in a sponsored group setting. The provider may receive the remaining hours in self–study using a training package approved by the department.

(5) A provider who submits documentation from a child care resource and referral agency that the provider has completed the ChildNet training series may use those hours to fulfill a maximum of two years’ training requirements, not including first–aid and mandatory reporter training.

c. An individual file for each staff assistant that contains:

(1) A completed Form 595–1396, DHS Criminal History Record Check.

(2) A completed Form 470–0643, Request for Child Abuse Information.

(3) A physician’s signed statement at the time of employment and at least every three years thereafter that the person is free of diseases or disabilities that would prevent good child care.

(4) Certification of a minimum of two hours of approved training relating to the identification and reporting of child abuse within six months of employment and every five years thereafter, as required by Iowa Code section 232.69.

d. An individual file for each substitute that contains:

(1) A completed Form 595–1396, DHS Criminal History Record Check.

(2) A completed Form 470–0643, Request for Child Abuse Information.

(3) A physician’s signed statement at the time of employment and at least every three years thereafter that the person is free of diseases or disabilities that would prevent good child care.

(4) Certification of a minimum of two hours of approved training relating to the identification and reporting of child abuse within six months of employment and every five years thereafter, as required by Iowa Code section 232.69.

(5) Certification in infant and child first aid that includes management of a blocked airway and rescue breathing. The substitute shall maintain a valid certificate indicating the date of training and expiration date.

First–aid training shall include an overview of emergency medical services and procedures for accessing emergency medical services. This training shall be provided by a nationally recognized training organization, such as the American Red Cross, the American Heart Association, the National Safety Council, or Emergency Medical Planning (Medic First Aid) or an equivalent certification approved by the department.

Rescind subrule 110.5(5) and adopt the following new subrule in lieu thereof:

110.5(5) Parental access. Parents shall be afforded unlimited access to their children and to the people caring for their children during the normal hours of operation or whenever their children are in the care of the child development home, unless parental contact is prohibited by court order.

Amend subrule 110.5(8), paragraph “g,” as follows:

g. A signed and dated immunization card certificate provided by the state department of public health shall be on file for each child enrolled. For the school–age child, a copy of the most recent immunization record shall be acceptable.

Rescind subrule 110.5(9) and adopt the following new subrule in lieu thereof:

110.5(9) Provider. The provider shall meet the following requirements:

a. Give careful supervision at all times.

b. Exchange information with the parent of each child frequently to enhance the quality of care.

c. Give consistent, dependable care and be capable of handling emergencies.

d. Be present at all times except when emergencies occur or an absence is planned, at which time care may be provided by a department–approved substitute. When an absence is planned, the provider shall give parents at least 24 hours’ prior notice.

Rescind subrule 110.5(10) and adopt the following new subrule in lieu thereof:

110.5(10) Substitutes. The provider shall assume responsibility for providing adequate and appropriate supervision at all times when children are in attendance. Any designated substitute shall have the same responsibility for providing adequate and appropriate supervision. Ultimate responsibility for supervision shall be with the provider.

a. All standards in this chapter regarding supervision and care of children shall apply to substitutes.

b. Except in emergency situations, the provider shall inform parents in advance of the planned use of a substitute.

c. The substitute must be 18 years of age or older.

d. A substitute may be used in the home up to 25 child care hours per month and for an additional period of up to two weeks in a 12–month period.

e. The provider shall maintain a written record of the number of hours substitute care is provided, including the date and the name of the substitute.

Rescind subrules 110.5(11), 110.5(12), and 110.5(13).

ITEM 7. Rescind rule 441—110.6(237A) and adopt the following new rule in lieu thereof:

441-110.6(237A) Compliance checks. During a calendar year, the department shall check 20 percent or more of all child development homes in each county for compliance with registration requirements. Completed evaluation checklists shall be placed in the registration files.

ITEM 8. Amend rule 441—110.7(234) as follows:

Amend the introductory paragraph as follows:

441—110.7(234) Denials and revocations Registration decision. The department shall issue Form 470–3498, Certificate of Registration, when an applicant meets all requirements for registration. Each local office of the department shall maintain a current list of registered child development homes as a referral service to the community.

Amend subrule 110.7(1) as follows:

110.7(1) Registration shall be denied or revoked if the department finds a hazard to the safety and well–being of a child is found by the department of human services and the provider cannot correct or refuses to correct the hazards hazard, even though the hazard may not have been specifically listed under the health and safety rules. Registration may also be denied or revoked if the department determines that the provider has failed to comply with standards imposed by law and these rules.

Amend subrule 110.7(3) as follows:

Amend the introductory paragraph as follows:

110.7(3) Record checks. The department shall submit record checks for each registrant, substitute, and staff member, and for anyone living in the home who is 14 years of age or older, and anyone having access to a child when the child is alone. The purpose of these record checks is to determine

whether they have the person has any founded child abuse reports or criminal convictions, or have has been placed on the sex offender registry. The department shall use Form 470–0643, Request for Child Abuse Information, and Form 595–1396, DHS Criminal History Record Check, Form B, for this purpose.

Amend paragraph “a” as follows:

a. If there is a person who has been checked has a record of founded child abuse, a criminal conviction, or placement on the sex offender registry for the registrant, a staff member, or anyone living in the home, the department shall deny or revoke the registration, unless an evaluation of the abuse or crime determines that the abuse or criminal conviction does not warrant prohibition of registration.

(1) In an evaluation, the department shall consider:

1. the The nature and seriousness of the abuse or crime,

2. the The time elapsed since the commission of the abuse or crime,

3. the The circumstances under which the crime or abuse was committed,

4. the The degree of rehabilitation,

5. the The likelihood that the person will commit the abuse or crime again, and

6. the The number of crimes or abuses committed by the person.

(2) The person with the criminal conviction or founded child abuse report shall complete and return Form 470–2310, Record Check Evaluation, within ten calendar days of the date on the form to be used to assist in the evaluation. Failure of the person to complete and return the form within thespecified time frame ten calendar days of the date on the form shall result in denial or revocation of the registration certificate.

Amend paragraph “c” as follows:

c. The evaluation and decision shall be made by theregional administrator service area manager or designee. Within 30 days of receipt of the completed Form 470–2310, the regional administrator service area manager or designee shall mail to the individual on whom the evaluation was completed and to the registrant for an employee of the registrant Form 470–2386, Record Check Decision, that explains the decision reached regarding the evaluation of an abuse or a crime. The regional administrator service area manager or designee shall also issue Form 470–2386 when an applicant fails to complete the evaluation form within the ten–calendar–day time frame.

Amend subrule 110.7(5) as follows:

110.7(5) If the department has denied or revoked a registration because the provider has continually or repeatedly failed to operate a registered child care home in compliance with Iowa Code chapter 237A and 441-Chapter 110, the person shall not own or operate a registered facility for a period of six 12 months from the date the registration is denied or revoked of denial or revocation. The department shall not act on an application for registration submitted by the applicant or provider during the six 12–month period.

ITEM 9. Rescind rules 441—110.8(237A) to 441— 110.11(237A) and adopt the following new rules in lieu thereof:

441—110.8(237A) Additional requirements for child development home category A. In addition to the requirements in rule 441—110.5(237A), a provider requesting certification in child development home category A shall meet the following standards:

110.8(1) Limits on number of children in care.

a. No more than six children not attending kindergarten or a higher grade level shall be present at any one time.

b. Of these six children, not more than four children who are 24 months of age or younger shall be present at any one time. Of these four children, no more than three may be 18 months of age or younger.

c. In addition to the six children not in school, no more than two children who attend school may be present for a period of less than two hours at a time.

110.8(2) Provider qualifications.

a. The provider shall be at least 18 years old.

b. The provider shall have three written references which attest to character and ability to provide child care.

441—110.9(237A) Additional requirements for child development home category B. In addition to the requirements in rule 441—110.5(237A), a provider requesting certification in child development home category B shall meet the following standards:

110.9(1) Limits on number of children in care.

a. No more than six children not attending kindergarten or a higher grade level shall be present at any one time.

b. Of these six children, not more than four children who are 24 months of age or younger shall be present at any one time. Of these four children, no more than three may be 18 months of age or younger.

c. In addition to the six children not in school, no more than four children who attend school may be present.

d. In addition to these ten children, no more than two children who are receiving care on a part–time basis may be present.

e. No more than 12 children shall be present at any one time when an emergency school closing is in effect.

f. If more than eight children are present at any one time for a period of more than two hours, the provider shall be assisted by a department–approved assistant who is at least 14 years of age.

110.9(2) Provider qualifications.

a. The provider shall be at least 20 years old.

b. The provider shall have a high school diploma or GED.

c. The provider shall either:

(1) Have two years of experience as a registered or non–registered child care provider, or

(2) Have a child development associate credential or any two–year or four–year degree in a child–care–related field and one year of experience as a registered or nonregistered child care home provider.

110.9(3) Facility requirements.

a. The home shall have a minimum of 35 square feet of child–use floor space for each child in care indoors, and a minimum of 50 square feet per child in care outdoors.

b. The home shall have a separate quiet area for sick children.

c. The home shall have a minimum of two direct exits to the outside from the main floor.

(1) If the second level or the basement of the home is used for the provision of child care, other than the use of a restroom, each additional child–occupied floor shall have at least one direct exit to the outside in addition to one inside stairway.

(2) All exits shall terminate at grade level with permanent steps.

(3) A basement window may be used as an exit if the window can be opened from the inside without the use of tools and it provides a clear opening of not less than 20 inches in width, 24 inches in height, and 5.7 square feet in area. The bottom of the opening shall be not more than 44 inches above the floor, with permanent steps inside leading up to the window.

(4) Occupancy above the second floor shall not be permitted for child care.

441—110.10(237A) Additional requirements for child development home category C. In addition to the requirements in rule 441—110.5(237A), a provider requesting certification in child development home category C shall meet the following standards:

110.10(1) Limits on number of children in care.

a. No more than 12 children not attending kindergarten or a higher grade level shall be present at any one time.

b. Of these 12 children, not more than 4 children who are 18 months of age or younger shall be present at any one time. Whenever 4 children who are under the age of 18 months are in care, both providers shall be present.

c. In addition to the 12 children not in school, no more than 2 children who attend school may be present for a period of less than two hours at any one time.

d. In addition to these 14 children, no more than 2 children who are receiving care on a part–time basis may be present.

e. No more than 16 children shall be present at any one time for a period of more than two hours when an emergency school closing is in effect. If more than 8 children are present at any one time due to an emergency school closing exception, the provider shall be assisted by a department–approved assistant who is at least 18 years of age.

f. If more than eight children are present, both providers shall be present. Each provider shall meet the provider qualifications for child development home category C.

110.10(2) Provider qualifications.

a. The provider shall be at least 21 years old.

b. The provider shall have a high school diploma or GED.

c. The provider shall either:

(1) Have five years of experience as a registered or non–registered child care provider, or

(2) Have a child development associate credential or any two–year or four–year degree in a child–care–related field and four years of experience as a registered or nonregistered child care home provider.

110.10(3) Facility requirements.

a. The home shall have a minimum of 35 square feet of child–use floor space for each child in care indoors, and a minimum of 50 square feet per child in care outdoors.

b. The home shall have a separate quiet area for sick children.

c. The home shall have a minimum of two direct exits to the outside from the main floor.

(1) If the second level or the basement of the home is used for the provision of child care, other than the use of a restroom, each additional child–occupied floor shall have at least one direct exit to the outside in addition to one inside stairway.

(2) All exits shall terminate at grade level with permanent steps.

(3) A basement window may be used as an exit if the window can be opened from the inside without the use of tools and it provides a clear opening of not less than 20 inches in width, 24 inches in height, and 5.7 square feet in area. The bottom of the opening shall be not more than 44 inches above the floor, with permanent steps inside leading up to the window.

(4) Occupancy above the second floor shall not be permitted for child care.

441—110.11(237A) Complaints. The department shall conduct an on–site visit when a complaint is received.

110.11(1) After each complaint visit, the department shall document whether the child development home was in compliance with registration requirements.

110.11(2) The written documentation of the department’s conclusion as to whether the child development home was in compliance with requirements shall be available to the public. However, the identity of all complainants shall be confidential, unless expressly waived by the complainant.

ITEM 10. Amend rule 441—110.12(237A), introductory paragraph, as follows:

441—110.12(237A) Registration actions for nonpayment of child support. The department shall revoke or deny the issuance or renewal of a child care development home registration for a group child care home or group child care home–joint registration provider upon the receipt of a certificate of noncompliance from the child support recovery unit of the department according to the procedures in Iowa Code chapter 252J. In addition to the procedures set forth in Iowa Code chapter 252J, the rules in this chapter shall apply.

ITEM 11. Adopt the following new rule:

441—110.13(237A) Transition exception. The following transition exceptions shall apply to providers renewing a valid previously issued child care home registration on or after October 1, 2002:

110.13(1) If the provider is providing child care to four infants at the time of renewal, the provider may continue to provide child care to those four infants. However, when the provider no longer provides child care to one or more of the four infants, or one or more of the four infants reaches the age of 24 months, this exception shall no longer apply. This exception does not affect the overall limit on the number of children in care under the child development home category within which the provider is registered.

110.13(2) If the provider is providing child care to school–age children in excess of the number allowable for the provider’s registration category at the time of renewal, the provider may continue to provide care to those children and may exceed the total number of children authorized for that category by the excess number of school–age children. This exception is subject to the following conditions:

a. The maximum number of children attributable to this exception is five.

b. The provider must comply with the other requirements limiting the number of children under that registration category.

c. If more than eight children are present at any one time for more than two hours, the provider shall be assisted by a department–approved assistant who is at least 14 years of age.

d. When the provider no longer provides child care to one or more of the school–age children who was receiving child care at the time of registration, the excess number of children allowed under this exception shall be reduced accordingly.

ITEM 12. Rescind 441—Chapter 110, Division II.

Pursuant to the authority of Iowa Code section 137F.3, the Department of Inspections and Appeals hereby amends Chapter 30, “Food and Consumer Safety,” and Chapter 31, “Food Establishment and Food Processing Plant Inspections,” Iowa Administrative Code.

The purpose of these amendments is to bring the administrative rules into conformance with 2002 Iowa Acts, House File 2620, by including farmers markets as food establishments if they sell or distribute potentially hazardous food (food that is capable of supporting the rapid and progressive growth of toxins) from the premises and by providing for a seasonal license fee of $100 for each person so selling on a countywide basis.

These amendments are in response to 2002 Iowa Acts, House File 2620, which was signed into law by Governor Thomas J. Vilsack on May 2, 2002, and became effective immediately.

Consideration will be given to all written suggestions or comments on the proposed amendments received on or before July 16, 2002. Such written materials should be sent to the Director’s Office, Department of Inspections and Appeals, Lucas State Office Building, Des Moines, Iowa 50319, or fax (515)242–6863 or E–mail jcurtis@dia.state. ia.us.

Also, there will be a public hearing on July 17, 2002, at9 a.m. in Conference Room 311, Department of Inspections and Appeals, Lucas State Office Building, 3rd Floor, Des Moines, Iowa, at which time persons may present their views.

These amendments were also Adopted and Filed Emergency and are published herein as ARC 1760B. The content of that submission is incorporated by reference.

These amendments are intended to implement Iowa Code Supplement chapter 137F as amended by 2002 Iowa Acts, House File 2620.

Pursuant to Iowa Code section 515A.6(7), notice is hereby given that the National Council on Compensation Insurance has made a rate filing which affects the premium rates for workers’ compensation insurance.

The rate filing proposes an overall increase of 2.4% in both the voluntary and residual market rates. The proposed effective date is September 1, 2002, for new, renewal, and all outstanding policies. The filing is predicated on the Iowa Supreme Court decision in the Venegas v. IBP, Inc. case.

A workers’ compensation policyholder or an established organization with one or more workers’ compensation policyholders among its members may request a hearing before the Commissioner of Insurance regarding this rate filing. Such a request must be filed within 15 days of the date of this publication, that is, by July 11, 2002, and shall be made to the Commissioner of Insurance, Insurance Division, State of Iowa, 330 Maple, Des Moines, Iowa 50319. Absent such a request, the Commissioner will issue an order concerning the rates within another 10 days, that is, by July 22, 2002.

Pursuant to the authority of Iowa Code section 502.607, the Insurance Division hereby gives Notice of Intended Action to amend Chapter 50, “Regulation of Securities Offerings and Those Who Engage in the Securities Business,” Iowa Administrative Code.

These proposed amendments implement electronic filing requirements for investment adviser representatives within the state of Iowa.

The purpose of these amendments is to implement recent statutory amendments, further legislative goals, and improve administrative efficiency and effectiveness.

Any interested person may make written suggestions or comments on these proposed amendments prior to Wednesday, July 17, 2002. These written materials may be mailed to Craig A. Goettsch, Securities Bureau, 340 Maple Street, Des Moines, Iowa 50319–0066, or may be transmitted via facsimile to (515)281–3059.

No public hearing is scheduled regarding these amendments.

These amendments are subject to waiver pursuant to the waiver provisions contained in 191—4.21(17A) to 4.36(17A).

These amendments are intended to implement Iowa Code section 502.302.

The Division anticipates that these amendments will become effective on September 25, 2002.

The following amendments are proposed.

ITEM 1. Rescind rule 191—50.95(502) and adopt the following new rule in lieu thereof:

50.95(1) Designation. Pursuant to the uniform securities Act, Iowa Code section 502.302(1), the administratordesignates the Web–based Central Registration Depository/Investment Adviser Registration Depository (CRD/IARD) operated by the National Association of Securities Dealers to receive and store filings and collect related fees from investment adviser representatives on behalf of the administrator.

50.95(2) Initial application. The application for initial registration as an investment adviser representative pursuant to the uniform securities Act, Iowa Code section 502.302(1), shall be made by completing Form U–4 (Uniform Application for Securities Industry Registration) in accordance with the form instructions and by filing Form U–4 with the CRD/IARD. The following shall be submitted to the CRD/IARD with the application:

a. Proof of compliance by the investment adviser representative with the examination requirements of rule 50.109(502); and

b. The fee required by the uniform securities Act, Iowa Code section 502.302(2).

50.95(3) Annual renewal. The application for annual renewal registration as an investment adviser representative shall be filed with the CRD/IARD. The application for annual renewal registration shall include the fee required by the uniform securities Act, Iowa Code section 502.302(2).

50.95(4) Updates, amendments, withdrawals and terminations. The investment adviser representative is under a continuing obligation to update information required by Form U–4 as changes occur.

a. An investment adviser representative and the investment adviser must file promptly with the CRD/IARD any amendments to the representative’s Form U–4; and

b. Any amendment shall be considered to be filed promptly if the amendment is filed within 30 days of the event that requires the filing of the amendment.

c. Withdrawal requests and terminations must be filed promptly with the CRD/IARD.

d. Withdrawal requests and terminations shall be considered to be filed promptly if filed within 30 days of the event that requires the filing of the withdrawal request or termination.

50.95(5) Completion of filing. An application for initial or renewal registration is not considered filed for purposes of the uniform securities Act, Iowa Code section 502.302(1), until the required fee and all required submissions have been received by the CRD/IARD.

This rule is intended to implement Iowa Code section 502.302.

ITEM 2. Amend rule 191—50.98(502), catchwords, as follows:

ITEM 3. Adopt the following new subrule:

50.98(2) Electronic filing of Form U–4.

a. By September 25, 2002, each investment adviser representative registered or required to be registered under the Act must electronically submit Form U–4 with the CRD/IARD if it has not previously been done, unless the investment adviser (filing on behalf of the investment adviser representative) has been granted a hardship exemption under subrule 50.94(4).

b. If an amendment to Form U–4 is made after September 25, 2002, or at an earlier date if an investment adviser representative has filed the Form U–4 (or any amendments to Form U–4) electronically with the CRD/IARD, the investment adviser representative and the investment adviser must file amendments to Form U–4 with the CRD/IARD.

Pursuant to the authority of Iowa Code sections 17A.3(1)“b” and 16.5(17), the Iowa Finance Authority proposes to amend Chapter 12, “Low–Income Housing Tax Credits,” Iowa Administrative Code.

These amendments replace the current qualified allocation plan for the Low–Income Housing Tax Credit Program incorporated by reference in rule 12.1(16).

The qualified allocation plan sets forth the purpose of the plan, the administrative information required for participation in the program, the threshold criteria, the selection criteria, the postreservation requirements, the appeal process, and the compliance monitoring component. The plan also establishes the fees for filing an application for low–income housing tax credits and for compliance monitoring. Copies of the qualified allocation plan are available upon request from the Authority and are available electronically on the Authority’s Web site. The address for the Authority’s Web site is www.ifahome.com. It is the Authority’s intent to incorporate the 2003 qualified allocation plan by reference consistent with Iowa Code chapter 17A and 265—subrules 17.4(2) and 17.12(2).

The Authority does not intend to grant waivers under the provisions of any of these rules. The qualified allocation plan is subject to state and federal requirements that cannot be waived. (See IRC Section 42 and Iowa Code section 16.52.) Moreover, due to the competitive nature of the award of low–income housing tax credits, a waiver could create unevenness in the application of the rules and could expose the Authority to liability.

Consistent with Executive Order Number 9, the Authority has considered the regulatory principles identified in this order and finds that the proposed amendments will serve an important public need in furthering the housing policy of the state to encourage the production and availability of affordable housing in Iowa.

The Authority will receive written comments on the proposed amendments until 4:30 p.m. on July 16, 2002. Comments may be addressed to Tim Waddell, Tax Credit Manager, Iowa Finance Authority, 100 East Grand, Suite 250, Des Moines, Iowa 50309. Comments may also be faxedto Tim Waddell at (515)242–4957 or E–mailed to tim.waddell@ifa.state.ia.us.

The Authority will hold a public hearing on July 16, 2002, to receive public comments on these amendments. The public hearing will be held over the Iowa Communications Network from 9 to 11:30 a.m. with the originating site at the Iowa Department of Economic Development, Main Conference Room, 2nd Floor, 200 East Grand Avenue, Des Moines, Iowa.

The following are the ten remote ICN sites where members of the public may attend the public hearing and make comments on these amendments:

The Authority anticipates that it may make changes to the 2003 qualified allocation plan based on comments received from the public.

These amendments are intended to implement Iowa Code sections 16.4(3), 16.52, 17A.12, and 17A.16 and IRC Section 42.

The following amendments are proposed.

ITEM 1. Amend rule 265—12.1(16) as follows:

265—12.1(16) Qualified allocation plan. The qualified allocation plan entitled Iowa Finance Authority Low–Income Housing Tax Credit Program 2002 2003 Qualified Allocation Plan effective October 10, 2001 October 9, 2002, shall be the qualified allocation plan for the distribution of low–income housing tax credits consistent with IRC Section 42 and the applicable Treasury regulations and Iowa Code section 16.52. The qualified allocation plan includes the plan, application, and the application instructions. The qualified allocation plan is incorporated by reference pursuant to Iowa Code section 17A.6 and 265—subrules 17.4(2) and 17.12(2).

ITEM 2. Amend rule 265—12.2(16) as follows:

265—12.2(16) Location of copies of the plan. The qualified allocation plan can be reviewed and copied in its entirety on the authority’s Web site at http://www.ifahome.com. Copies of the qualified allocation plan, application, and all related attachments and exhibits shall be deposited with the administrative rules coordinator and at the state law library. The plan incorporates by reference IRC Section 42 and the regulations in effect as of October 10, 2001 October 9, 2002. Additionally, the plan incorporates by reference Iowa Code section 16.52. These documents are available from the state law library, and links to these statutes, regulations and rules are on the authority’s Web site. Copies are available upon request at no charge from the authority.

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 2, “Nursing Education Programs,” Iowa Administrative Code.

These amendments add two new definitions in order to distinguish a “master’s degree” from a “first professional degree,” and identify the academic degrees that meet program head and faculty qualifications.

Any interested person may make written comments or suggestions on or before July 16, 2002. Such written materials should be directed to the Executive Director, Board of Nursing, RiverPoint Business Park, 400 S.W. 8th Street, Suite B, Des Moines, Iowa 50309–4685. Persons who wish to convey their views orally should contact the Executive Director at (515)281–3256, or in the Board office at S.W. 8th Street, by appointment.

These amendments are intended to implement Iowa Code section 152.5.

The following amendments are proposed.

ITEM 1. Amend rule 655—2.1(17A,147,152,272C) by adopting the following new definitions in alphabetical order:

“First professional degree” means the title conferred by a college or university that signifies completion of the academic requirements for beginning practice in a given profession and a level of professional skill beyond that normally required for a baccalaureate degree.

“Master’s degree” means the title conferred by a college or university upon completion of a program of graduate study that requires a level of academic accomplishment and subject mastery substantially beyond that required for a baccalaureate degree.

ITEM 2. Amend subrule 2.3(2), paragraph “d,” subparagraph (2), to read as follows:

(2) The head of a program hired after July 1, 1992, shall have a master’s or doctoral degree with a major in nursing at either level at the time of hire. A first professional degree as defined in rule 2.1(152) does not meet this requirement. The date of hire is the first date employed as head of the program with compensation at a particular nursing education program.

ITEM 3. Amend subrule 2.6(2), paragraph “c,” subparagraph (1), to read as follows:

(1) A faculty member who was employed on July 1, 1992, shall be considered adequately prepared as long as that faculty member remains in that position. A faculty member who was hired to teach in a prelicensure registered nurse program after July 1, 1992, shall have at least a baccalaureate degree with a major in nursing or in an applicable field at the time of hire. This person shall make annual progress toward the attainment of a master’s or doctoral degree with a major in nursing or in an applicable field. An individual who has earned a first professional degree as defined in rule 2.1(152), but does not hold a master’s degree as defined in rule 2.1(152), must meet the requirement for annual progress. One degree shall be in nursing.

ITEM 4. Amend subrule 2.6(2), paragraph “c,” subparagraph (3), to read as follows:

(3) A registered nurse hired to teach in a master’s program shall hold a master’s or doctoral degree with a major in nursing at the time of hire. A first professional degree as defined in rule 2.1(152) does not meet this requirement. A registered nurse teaching in a clinical specialty area shall hold a master’s degree with a major in nursing, advanced level certification by a national professional nursing organization approved by the board in the clinical specialty area in which the individual teaches, and current registration as an advanced registered nurse practitioner according to the laws of the state(s) in which the individual teaches. Faculty preparation at the doctoral or terminal degree level shall be consistent with the mission of the program.

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 the method for curriculum approval of the dependent adult and child abuse identification and reporting course.

Any interested person may make written comments or suggestions on or before August 13, 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 wish to convey their views orally should contact the Executive Director at (515)281–3256, or in the Board office at S.W. 8th Street, by appointment.

This amendment is intended to implement Iowa Code sections 135.11 and 235B.16.

The following amendment is proposed.

Amend subrule 3.7(3), paragraph “e,” to read as follows:

e. A licensee who regularly examines, attends, counsels or treats both adults and children in Iowa shall indicate on the renewal application completion of training on abuse identification and reporting in dependent adults and children or condition(s) for rule suspension as identified in paragraph “g.”

Training may be completed through separate courses as identified in paragraphs “c” and “d” or in one combined two–hour course that includes curricula for identifying and reporting child abuse and dependent adult abuse. The course shall be a curriculum approved by the Iowa department of public health abuse education review panel.

Pursuant to the authority of Iowa Code section 147.76, the Board of Examiners for Massage Therapy hereby gives Notice of Intended Action to rescind Chapter 130, “Massage Therapists,” and to adopt new Chapter 130, “Administrative and Regulatory Authority for the Board of Examiners for Massage Therapy,” Iowa Administrative Code.

The proposed amendment rescinds the current rules about the description, organization and purpose of the Board and adopts new rules on the purpose of the Board, organization and proceedings of the Board, official communication, office hours, and public meetings.

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

Any interested person may make written comments on the proposed amendment no later than July 16, 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 July 16, 2002, from 9 to 11 a.m. in the Fifth Floor Board Conference Room, Lucas State Office Building, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendment.

This amendment is intended to implement Iowa Code section 147.76 and chapters 17A, 152C and 272C.

The following amendment is proposed.

Rescind 645—Chapter 130 and adopt the following new chapter in lieu thereof:

CHAPTER 130
ADMINISTRATIVE AND REGULATORY AUTHORITY FOR THE BOARD OF EXAMINERS
FOR MASSAGE THERAPY

“Board” means the board of examiners for massage therapy.

“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 massage therapy.

“Licensee” means a person licensed to practice massage therapy in the state of Iowa.

645—130.2(17A) Purpose of board. The purpose of the board is to administer and enforce the provisions of Iowa Code chapters 17A, 147, 152C and 272C with regard to the practice of massage therapy. 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:

130.2(1) Licensing qualified applicants by examination, renewal, endorsement, and reciprocity.

130.2(2) Developing and administering a program of continuing education to ensure the continued competency of individuals licensed by the board.

130.2(3) Imposing discipline on licensees as provided by statute or rule.

130.3(1) The board is composed of seven members appointed by the governor and confirmed by the senate.

130.3(2) The members of the board shall include four members who shall be massage therapists and three members who are not licensed massage therapists and who shall represent the general public.

130.3(3) The board shall elect a chairperson, vice chairperson, and secretary from its membership at the first meeting after April 30 of each year.

130.3(4) The board shall hold at least one meeting annually.

130.3(5) A majority of the members of the board shall constitute a quorum.

130.3(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.

130.3(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.

130.3(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 massage therapy upon receipt of a complaint or upon the board’s own initiation. The investigation will be based on information or evidence received by the board.

f. Initiate and impose licensee discipline.

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

h. Perform any other function as authorized by a provision of law.

130.4(1) All official communications, including submissions and requests, may be addressed to the Board of Examiners for Massage Therapy, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319–0075.

130.4(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.

130.4(3) Notice of change of name. Each licensee shall notify the board of any change of 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—130.5(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—130.6(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.

130.6(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.

130.6(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, 152C and 272C.

Pursuant to the authority of Iowa Code section 692A.10, the Department of Public Safety hereby gives Notice of Intended Action to amend Chapter 8, “Criminal Justice Information,” Iowa Administrative Code.

2002 Iowa Acts, House File 2338, which becomes effective July 1, 2002, requires that any Iowa Sex Offender Registry registrant who is enrolled in or employed by an institution of higher education which is located in a county other than the registrant’s county of residence shall register with the sheriff of the county in which the institution of higher education is located as well as with the sheriff of the county of residence. One of the amendments included here implements that requirement. Additionally, amendments are included to provide for supplying information from the Registry to the Single Contact Repository provided for in Iowa Code section 135C.33 and to implement advice from the U.S. Department of Justice that the Registry is not required to regularly update information on registrants while they remain outside of Iowa.

A public hearing on these proposed amendments will be held on July 25, 2002, at 9:30 a.m., in the third floor conference room of the Wallace State Office Building, East 9th and Grand, Des Moines, Iowa 50319. Persons may present their views orally or in writing at the public hearing. Persons who wish to make oral presentations at the public hearing should contact the Agency Rules Administrator, Iowa Department of Public Safety, Wallace State Office Building, Des Moines, Iowa 50319, by mail, by telephone at (515)281–5524, or by electronic mail to admrule@dps.state.ia.us, at least one day prior to the public hearing.

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

These amendments were also Adopted and Filed Emergency and are published herein as ARC 1761B. The content of that submission is incorporated by reference.

These amendments are intended to implement Iowa Code chapter 692A as amended by 2002 Iowa Acts, House File 2338.

Pursuant to the authority of Iowa Code sections 543B.9, 543B.18, 543B.47, and 543B.55, the Real Estate Commission hereby gives Notice of Intended Action to rescind Chapters 1 to 8 and adopt new Chapter 1, “Administration”; Chapter 2, “Definitions”; Chapter 3, “Broker License”; Chapter 4, “Salesperson License”; Chapter 5, “Licensees of Other Jurisdictions and Reciprocity”; Chapter 6, “Termination and Transfer”; Chapter 7, “Offices and Management”; Chapter 8, “Closing a Real Estate Business”; Chapter 9, “Fees”; Chapter 10, “Advertising”; Chapter 11, “Brokerage Agreements and Listings”; Chapter 12, “Disclosure of Relationships”; Chapter 13, “Trust Accounts and Closing”; Chapter 14, “Seller Property Condition Disclosure”; Chapter 15, “Property Management”; Chapter 16, “Prelicense Education and Continuing Education”; Chapter 17, “Approval of Schools, Courses, and Instructors”; Chapter 18, “Investigations and Disciplinary Procedures”; Chapter 19, “Requirements for Mandatory Errors and Omissions Insurance”; and Chapter 20, “Time–Share Filing,” Iowa Administrative Code.

Rescinded Chapters 1, 2, 3, 4, and 6 contain rules that are identical or similar to rules that were sorted, organized, clarified and included in proposed new chapters.

Rescinded Chapters 5, 7, and 8 contain rules that are identical or similar to rules of the Professional Licensing and Regulation Division.

Proposed Chapter 1 contains clarified and organized rules that are identical or similar to related rules in rescinded Chapters 2, 4, 7, and 8 covering Commission administration and providing cross references to applicable chapters of the Professional Licensing and Regulation Division.

Proposed Chapter 2 contains definitions that are identical or similar to definitions in rescinded Chapters 1 and 2. Changes were made for clarification.

Proposed Chapter 3 contains rules that organize and outline the requirements for obtaining a broker license. Proposed Chapter 4 contains rules that organize and outline the requirements for obtaining a salesperson license. Proposed Chapter 5 contains rules that organize and outline the requirements for non–Iowa residents obtaining a real estate license. The chapters contain rules that are identical or similar to related rules in rescinded Chapters 2 and 3. Changes were made for clarification.

Proposed Chapter 6 is a new chapter that clarifies established procedures to follow when terminating employment, for immediate transfer of license, and for authorization to request that a license be issued.

Proposed Chapter 7 contains rules relating to various licensing, office, and management requirements. The rules are identical or similar to related rules in rescinded Chapters 1 and 2. Changes were made for clarification, and the outdated time frame requirement is not included in rule 7.7(543B).

Proposed Chapter 8 establishes procedures for closing a real estate business.

Proposed Chapter 9 contains rules relating to various license fees. The rules are identical or similar to related rules in rescinded Chapter 2. Changes were made for clarification and to reflect that the present broker, salesperson, and firm license fees were increased by $50 for a three–year license. The $30 fees for an additional license, a branch license and a trade name license were each increased $20 for a three–year license. A new $25 license certification fee was added.

Proposed Chapter 10 contains rules relating to advertising requirements. Proposed Chapter 11 contains rules relating to various listings and brokerage agreements. Proposed Chapter 12 contains rules relating to agency and disclosure requirements. Proposed Chapter 13 contains rules relating to trust account and closing requirements. Proposed Chapter 14 contains rules relating to the seller property disclosure requirements. Proposed Chapter 15 contains rules relating to property management. The chapters contain rules identical or similar to related rules in rescinded Chapter 1. Changes were made for clarification.

Proposed Chapter 16 contains rules relating to prelicense and continuing education requirements. Proposed Chapter 17 contains rules relating to real estate school, course, and instructor approval requirements and application. The rules are identical or similar to related rules in rescinded Chapter 3. Changes were made for clarification.

Proposed Chapter 18 contains investigation and disciplinary procedure rules specific to the Real Estate Commission to supplement 193—Chapter 7. The rules are identical or similar to related rules in rescinded Chapter 4. Changes were made for clarification.

Proposed Chapter 19 contains rules that clarify the mandatory errors and omissions insurance requirement. Changes were made for clarification and to comply with legislative changes to Iowa Code section 543B.47. The rules are identical or similar to related rules in rescinded Chapter 6.

Proposed Chapter 20 contains a time–share filing rule identical to that of rescinded Chapter 2.

Consideration will be given to all written suggestions or comments received on or before July 16, 2002. Comments should be addressed to Roger Hansen, Iowa Real Estate Commission, 1918 SE Hulsizer, Ankeny, Iowa 50021, or faxed to (515)281–7411. E–mail may be sent to Roger.Hansen@comm7.state.ia.us.

These rules are intended to implement Iowa Code chapters 17A, 272C, 543B, 543C, 557A, and 558A.

The following amendment is proposed.

Rescind 193E—Chapters 1 to 8 and adopt the following new chapters in lieu thereof:

CHAPTER 1
ADMINISTRATION

193E—1.1(543B) Mission of the commission. The mission of the Iowa real estate commission is to protect the public through the examination, licensing, and regulation of real estate brokers, salespersons, and firms pursuant to Iowa Code chapter 543B, Real Estate Brokers and Salespersons; to administer Iowa Code chapter 543C, Sales of Subdivided Land Outside of Iowa; and to administer Iowa Code chapter 557A, Time–Shares.

The commission is a policy–making body with authority to promulgate rules for the regulation of the real estate industry consistent with all applicable statutes. Rules promulgated by the commission are published under agency number 193E in the Iowa Administrative Code. Administrative support services are furnished by the professional licensing and regulation division of the department of commerce. The administrator of the professional licensing and regulation division appoints and supervises an executive officer and staff to carry out the duties assigned by the commission. The commission or duly authorized representative may inspect subdivided land outside of Iowa pursuant to Iowa Code section 543C.4.

193E—1.2(543B) Correspondence and communications. Correspondence and communications with the commission shall be addressed or directed to the commission office at 1918 S.E. Hulsizer, Ankeny, Iowa 50021. The facsimile number is (515)281–7411. Contact information is available from the commission’s Web site located at http://www.state. ia.us/irec.

193E—1.3(543B) Meetings of the commission. Meetings of the commission shall be held at times scheduled by the commission in the offices of the commission or at a place designated by the commission. Special meetings may be called by the chairperson or executive officer of the commission, who shall set the time and place of the meeting.

193E—1.4(543B) Custodian of records, filings, and requests for public information. Unless otherwise specified by the rules of the department of commerce or the professional licensing and regulation division, the commission is the principal custodian of its own agency orders, statements of law or policy issued by the commission, legal documents, and other public documents on file with the commission.

1.4(1) Any person may examine public records promulgated or maintained by the commission at its office during regular business hours. The office is open during regular business hours from 8 a.m. until 4:30 p.m., Monday through Friday. The office is closed Saturdays, Sundays, and official state holidays.

1.4(2) Records, documents and other information may be gathered, stored, and available in electronic format. Information, various forms, documents, and the license law and rules may be reviewed or obtained at any time by the public from the commission’s Web site located at http://www.state. ia.us/irec.

1.4(3) Deadlines. Unless the context requires otherwise, any deadline for filing a document shall be extended to the next working day when the deadline falls on a Saturday, Sunday, or official state holiday.

1.4(4) Public records and fair information practices. The commission’s rules on public records and fair information practices may be found in the uniform rules for the professional licensing and regulation division at 193—Chapter 13.

193E—1.5(543B) Waiver or variance from rules. Persons who wish to seek waivers from commission rules should consult the uniform rules for the professional licensing and regulation division at 193—Chapter 5.

193E—1.6(543B) Investigation and subpoena. Commission rules regarding investigations and investigatory subpoenas may be found in 193E—Chapter 18 and in the uniform rules for the professional licensing and regulation division at 193—Chapter 6.

193E—1.7(543B) Contested case procedures. Commission rules on contested case procedures may be found in 193E—Chapter 18 and in the uniform rules for the professional licensing and regulation division at 193—Chapter 7.

193E—1.8(543B) Denial of issuance or renewal of license for nonpayment of child support or student loan. Commission rules on the denial of the issuance or renewal of license based on nonpayment of child support obligations or student loan may be found in the uniform rules for the professional licensing and regulation division at 193—Chapter 8.

193E—1.9(543B) Petition for rule making. Persons wishing to file a petition for rule making should consult the uniform rules for the professional licensing and regulation division at 193—Chapter 9.

193E—1.10(543B) Declaratory orders. Persons wishing to seek a declaratory order should consult the uniform rules for the professional licensing and regulation division at 193—Chapter 10.

193E—1.11(543B) Sale of goods and services. Commission rules on the sale of goods and services by commission members may be found in the uniform rules for the professional licensing and regulation division at 193—Chapter 11.

193E—1.12(543B) Impaired licensee review committees. Commission rules governing impaired licensee review committees may be found in the uniform rules for the professional licensing and regulation division at 193—Chapter 12.

These rules are intended to implement Iowa Code chapters 17A, 252J, 261, 272C and 543B.

CHAPTER 2
DEFINITIONS

“Additional license” means any officer or partner license(s) issued based upon and dependent or contingent upon the primary or main officer or partner license, but assigned to a different corporation or partnership.