Pages 175 to 222 include ARC 1838B to ARC 1872B

Notice, Clarification of board’s conduct of
business; firm name; closing orders, 2.2(1),
2.3, 9.4, 9.7, 13.6(5), 15.10(2) ARC 1850B 175

Filed, Inactive status; use of titles; continuing
education, 5.2(2), 5.6, 5.8, 10.3(4), 10.6(1),
12.1, 19.2(4), 19.3(4) ARC 1854B 210

Schedule for rule making 168

Publication procedures 169

Administrative rules on CD–ROM 169

Agency identification numbers 173

CITATION OF ADMINISTRATIVE RULES 167

Filed, Community empowerment, ch 1
ARC 1858B 210

Notice—Significant changes in Medicaid
methods and standards for setting payment
rates for drugs 175

Notice, Medicaid—reimbursement for root
canal treatments, 78.4(14) ARC 1842B 176

Notice, Reimbursement rates for purchase of
service providers and rehabilitative
treatment and supportive services,
150.3(5)“p,” 185.112(1) ARC 1843B 176

Filed, Offset of county debts owed department—
organizational references and appeal process,
14.1 to 14.6 ARC 1839B 211

Filed, Adjustments to state supplementary
assistance program, 51.4(1), 52.1
ARC 1838B 212

Filed, Waiver services, amendments to
chs 77 to 79, 83 ARC 1840B 213

Filed Emergency, Medicaid—reimbursement
for root canal treatments, 78.4(14)
ARC 1847B 207

Filed, Rehabilitation agencies—Medicaid
reimbursement changed from cost–based
system to fee schedule, 79.1(2), 79.1(21)
ARC 1841B 214

Filed Emergency, Reimbursement rates for
purchase of service providers and rehabilitative
treatment and supportive services,
150.3(5)“p,” 185.112(1) ARC 1848B 207

Filed Emergency, Hospital administrators—
access to dependent adult abuse reports,
176.10(3)“c”(7) ARC 1849B 208

Notice, Reporting requirements on licenses,
rescind ch 9 ARC 1866B 177

Filed, Replacement of life insurance and
annuities, rescind ch 16, division I
ARC 1867B 214

Notice, Multifamily preservation loan program,
ch 3 ARC 1864B 177

Notice, Affordable rental multifamily housing,
15.8 ARC 1865B 179

Filed, Fees retained by board as repayment
receipts, 3.1 ARC 1845B 214

Filed, Administrative and regulatory authority for
the board of examiners for nursing home
administrators, ch 140 ARC 1857B 215

Filed, Optometrists, ch 179; 180.1, 181.9;
chs 182 to 184 ARC 1856B 216

Filed, Podiatrists, chs 219, 223
ARC 1855B 217

Filed, Physician assistants, chs 325 to 327;
328.5, 328.7; chs 329, 330 ARC 1859B 217

Notice, Newborn screening policy; maternal
screening policy; use of portion of metabolic
screening fee to fund special medical formula,
4.3, 4.4 ARC 1863B 179

Filed, Family planning services, 74.1, 74.2,
74.4 to 74.10, 74.12(1) ARC 1862B 218

Filed, Biological agent risk assessment, ch 112
ARC 1861B 218

Filed, EMS training grants; EMS fund grants;
EMS system development grants fund, rescind
chs 130, 140; adopt ch 140 ARC 1860B 221

Summarized list 170

Notice, Commission approval of contracts and
business arrangements, 5.4(8) ARC 1851B 180

Filed, Annual audit reports; functions performed
by a veterinary assistant on facility grounds;
linked machines, amendments to chs 1, 2, 4,
5, 7, 9 to 11 ARC 1853B 221

Filed, Traffic and parking at universities,
4.26 to 4.32 ARC 1870B 221

Filed, Iowa State University—organization
and general rules; use of facilities; standards
of conduct on campus, 13.1, 13.6 to 13.19
ARC 1871B 222

Notice, Deferment of income for start–up
companies, 52.1(10) ARC 1869B 181

Notice, Uniform ballot language for gambling
propositions, 21.820(6), 21.820(7)
ARC 1868B 183

Filed Emergency, Uniform ballot language
for gambling propositions, 21.820(6),
21.820(7) ARC 1872B 208

Notice, Primary road access control,
112.1 to 112.14 ARC 1844B 183

Notice, Manual on uniform traffic control
devices for streets and highways (MUTCD),
130.1, 131.1 to 131.10, 131.15, 140.1
142.1, 164.2, 164.3(3), 164.9, 164.10
ARC 1846B 193

Notice, Crossing of railroad rights–of–way,
ch 42 ARC 1852B 201

CITATION of Administrative Rules

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

441 IAC 79 (Chapter)

441 IAC 79.1(249A) (Rule)

441 IAC 79.1(1) (Subrule)

441 IAC 79.1(1)“a” (Paragraph)

441 IAC 79.1(1)“a”(1) (Subparagraph)

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

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

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

__________________________________

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

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

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

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

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

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

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

Fax: (515)281–4424

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

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Single copies may be purchased for $20.85 plus $1.25 sales tax.

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

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

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

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

TO: Administrative Rules Coordinators and Text Processors of State Agencies

FROM: Kathleen K. Bates, Iowa Administrative Code Editor

SUBJECT: Publication of Rules in Iowa Administrative Bulletin

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

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

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

kathleen.bates@legis.state.ia.us

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

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

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

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

For free brochures and order forms contact:

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

To All Agencies:

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

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

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

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

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

The following list will be updated as changes occur:

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Agricultural Development Authority[25]

Soil Conservation Division[27]

ATTORNEY GENERAL[61]

AUDITOR OF STATE[81]

CITIZENS’ AIDE[141]

CIVIL RIGHTS COMMISSION[161]

COMMERCE DEPARTMENT[181]

Alcoholic Beverages Division[185]

Banking Division[187]

Credit Union Division[189]

Insurance Division[191]

Professional Licensing and Regulation Division[193]

Accountancy Examining Board[193A]

Architectural Examining Board[193B]

Engineering and Land Surveying Examining Board[193C]

Landscape Architectural Examining Board[193D]

Real Estate Commission[193E]

Real Estate Appraiser Examining Board[193F]

Savings and Loan Division[197]

Utilities Division[199]

CORRECTIONS DEPARTMENT[201]

Parole Board[205]

CULTURAL AFFAIRS DEPARTMENT[221]

Arts Division[222]

Historical Division[223]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

City Development Board[263]

Iowa Finance Authority[265]

EDUCATION DEPARTMENT[281]

Educational Examiners Board[282]

College Student Aid Commission[283]

Higher Education Loan Authority[284]

Iowa Advance Funding Authority[285]

Libraries and Information Services Division[286]

Public Broadcasting Division[288]

School Budget Review Committee[289]

ELDER AFFAIRS DEPARTMENT[321]

EXECUTIVE COUNCIL[361]

GENERAL SERVICES DEPARTMENT[401]

HUMAN RIGHTS DEPARTMENT[421]

Community Action Agencies Division[427]

Criminal and Juvenile Justice Planning Division[428]

Deaf Services Division[429]

Persons With Disabilities Division[431]

Latino Affairs Division[433]

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

Status of Women Division[435]

HUMAN SERVICES DEPARTMENT[441]

INFORMATION TECHNOLOGY DEPARTMENT[471]

INSPECTIONS AND APPEALS DEPARTMENT[481]

Employment Appeal Board[486]

Foster Care Review Board[489]

Racing and Gaming Commission[491]

State Public Defender[493]

LAW ENFORCEMENT ACADEMY[501]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

NATURAL RESOURCES DEPARTMENT[561]

Energy and Geological Resources Division[565]

Environmental Protection Commission[567]

Natural Resource Commission[571]

Preserves, State Advisory Board for[575]

PERSONNEL DEPARTMENT[581]

PUBLIC DEFENSE DEPARTMENT[601]

Emergency Management Division[605]

Military Division[611]

PUBLIC EMPLOYMENT RELATIONS BOARD[621]

PUBLIC HEALTH DEPARTMENT[641]

Substance Abuse Commission[643]

Professional Licensure Division[645]

Dental Examiners Board[650]

Medical Examiners Board[653]

Nursing Board[655]

Pharmacy Examiners Board[657]

PUBLIC SAFETY DEPARTMENT[661]

REGENTS BOARD[681]

Archaeologist[685]

REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]

SECRETARY OF STATE[721]

TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]

TREASURER OF STATE[781]

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Labor Services Division[875]

Workers’ Compensation Division[876]

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

Pursuant to the authority of 2001 Iowa Acts, chapter 55, section 4, the Accountancy Examining Board hereby gives Notice of Intended Action to amend Chapter 2, “Organization and Administration,” Chapter 9, “Substantial Equivalency,” Chapter 13, “Rules of Professional Conduct,” and Chapter 15, “Disciplinary Investigations,” Iowa Administrative Code.

The proposed amendments to Chapters 2 and 9 are housekeeping changes made to more clearly reflect the way in which the Board conducts business. The amendment to Chapter 13 is intended to clarify subrule 13.6(5) as a result of numerous comments and questions that the Board has received from registrants. The amendment to Chapter 15 implements 2002 Iowa Acts, House File 2547, which amends Iowa Code section 272C.3, subsection 1, paragraph “d,” and became effective July 1, 2002.

These amendments are subject to waiver or variance pursuant to 193—Chapter 5.

Consideration will be given to all written suggestions or comments on the proposed amendments received on or before August 27, 2002. Comments should be addressed to Glenda Loving, Professional Licensing and Regulation Division, 1920 S.E. Hulsizer, Ankeny, Iowa 50021, or faxed to (515)281–7411. E–mail may be sent to glenda.loving@ comm7.state.ia.us.

Requests for oral presentation regarding these amendments must be submitted in writing to the address above and be received by August 27, 2002.

These amendments are intended to implement 2001 Iowa Acts, chapter 55.

The following amendments are proposed.

ITEM 1. Amend subrule 2.2(1) as follows:

2.2(1) The board chair may appoint administrative committees of not less than two nor more than five members who shall be members of the board for the purpose of making recommendations on matters specified by the board.

ITEM 2. Amend rule 193A—2.3(79GA,ch55) as follows:

193A—2.3(79GA,ch55) Annual meeting. The annual meeting of the board shall be the first meeting scheduled after April 30. At this meeting the chairperson chair and secretary vice–chair shall be elected to serve until their successors are elected. The newly elected officers shall assume the duties of their respective offices at the conclusion of the meeting at which they were elected.

ITEM 3. Amend rule 193A—9.4(79GA,ch55) as follows:

193A—9.4(79GA,ch55) Verification of state licensure. An applicant holding a CPA certificate or license from another state or states shall submit verification that the applicant’s CPA certificate or license is valid and in good standing in the state in which the applicant’s principal place of business is located. An applicant applying for a CPA certificate under the substantial equivalency provisions of 2001 Iowa Acts, chapter 55, section 19(1)(a), and paragraph 9.5(1)“a” who is not relocating to Iowa may attach a letter of good standing to the application. Such letter of good standing shall be prepared by the state in which the applicant’s principal place of business is located and shall be dated within six months of the date of the application. To expedite the application process, the board will accept verification from another state’s board by facsimile or E–mail. The board reserves the right to request an original verification document directly from another state board.

ITEM 4. Amend rule 193A—9.7(79GA,ch55) as follows:

193A—9.7(79GA,ch55) Expedited application processing. A person applying for a CPA certificate under the substantial equivalency provisions of 2001 Iowa Acts, chapter 55, section 19(1)(a), and paragraph 9.5(1)“a” who is not relocating to Iowa often desires expedited application processing to facilitate cross–border practice. Applications by such persons are especially suitable for rapid processing given the substantially equivalent standards previously enforced in another state. Unless such application reveals grounds to deny the application under subrule 9.3(2), the board is otherwise aware of such grounds, or the application is unaccompanied by the proper fee, the board’s administrator shall approve an application which qualifies under 2001 Iowa Acts, chapter 55, section 19(1)(a), and paragraph 9.5(1)“a” as rapidly as feasible and shall deem the effective date of approval to practice in Iowa to be the date the board received the completed application with timely letter of good standing in a substantially equivalent state.

ITEM 5. Amend subrule 13.6(5) by adding new paragraph “e” as follows:

e. The firm name contains any wording that would be a violation of subrule 13.6(2).

ITEM 6. Rescind subrule 15.10(2) and adopt the following new subrule in lieu thereof:

15.10(2) Closing orders. The board’s administrator may enter an order stating the basis for the board’s decision to close a complaint file. If entered, the order shall not contain the identity of the complainant or the respondent and shall not disclose confidential complaint or investigative information.

If entered, a closing order will be indexed by case number and shall be a public record pursuant to Iowa Code subsection 17.3(1)(d). A copy of the order may be mailed to the complainant, if any, and to the respondent. The board’s decision whether or not to pursue an investigation, to institute disciplinary proceedings, or to close a file is not subject to judicial review.

In accordance with the public notice requirements of 42 CFR 447.205, the state of Iowa, Department of Human Services (DHS), publishes this notice of significant changes in the Medicaid reimbursement methodology for covered prescription drugs.

Provisions of 2001 Iowa Acts, chapter 191, section 31, require DHS to implement a state maximum allowable cost list for prescription drugs. In compliance with these provisions, conforming regulatory amendments are required to permit prescription drug pricing with the addition of the statutorily mandated state maximum allowable cost list.

The Iowa Medicaid program currently reimburses pharmacy providers for covered prescription drugs at the lowest of three limits. The change to the reimbursement methodology adds an additional payment limitation of a state maximum allowable cost (SMAC) of the drug as of the date of dispensing plus the professional dispensing fee. The SMAC is the average wholesale acquisition cost for a drug and all equivalent products adjusted by a multiplier of at least 1.0 to ensure product availability. This policy will ensure that reimbursement for the product is consistent with the cost of the product and make reimbursement consistent with other public and private payors.

The adoption of the state maximum allowable cost list is estimated to decrease payments for covered prescription drugs provided by pharmacies by approximately $10.8 million annually. The change in reimbursement methodology will be effective November 1, 2002. The state maximum allowable cost list will be open for public inspection and comment.

The proposed changes were published in a Notice ofIntended Action in the Iowa Administrative Bulletin on June 26, 2002, as ARC 1763B. The text of these changes is available for public review on the Department of Human Services Web site at http://www.dhs.state.ia.us/policyanalysis/RulesPages/whatsnew.htm. Questions or comments concerning this notice or the proposed changes may be addressed to Susan Parker, Pharm.D, Department of Human Services, 1305 East Walnut Street, Des Moines, IA 50319– 0114.

Pursuant to the authority of Iowa Code sections 234.6 and 249A.4, the Department of Human Services proposes to amend Chapter 78, “Amount, Duration, and Scope of Medical and Remedial Services,” Iowa Administrative Code.

2002 Iowa Acts, House File 2623, section 51, restores Medicaid coverage for some of the dental services that were excluded by 2002 Iowa Acts, House File 2245. These amendments allow Medicaid reimbursement for root canal treatments on permanent anterior teeth for adults aged 21 and older. Crowns, posts, and cores are medically necessary in most situations as part of a root canal treatment to help preserve the tooth after a root canal procedure.

These amendments do not provide for waivers in specified situations because expansion of coverage is a benefit.

The substance of these amendments is also Adopted and Filed Emergency and is published herein as ARC 1847B. The purpose of this Notice is to solicit comment on that submission, the content of which is incorporated by reference.

Any interested person may make written comments on the proposed amendments on or before August 27, 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.

These amendments are intended to implement Iowa Code sections 234.6 and 249A.4 and 2002 Iowa Acts, House File 2623, section 51.

Pursuant to the authority of Iowa Code sections 217.6 and 234.6, the Department of Human Services proposes to amend Chapter 150, “Purchase of Service,” and Chapter 185, “Rehabilitative Treatment Services,” Iowa Administrative Code.

These amendments:

• Continue reimbursement rates for purchase of service providers (for adoption, shelter care, family planning, and independent living services) at their June 30, 2001, level, as directed by 2002 Iowa Acts, House File 2627, section 137, subsection 6.

• Continue reimbursement rates for rehabilitative treatment and supportive services (family preservation, family–centered services, foster family services, and group care services) at their June 30, 2001, level, as directed by 2002 Iowa Acts, House File 2627, section 137, subsection 8.

• Continue to suspend the ability of Department administrators to renegotiate rates for rehabilitative treatment and supportive services.

• Update language describing the consumer price index used to adjust rehabilitative treatment and supportive services rates.

These amendments do not provide for waivers in specified situations because the Department does not have the authority to waive statutory provisions.

The substance of these amendments is also Adopted and Filed Emergency and is published herein as ARC 1848B. The purpose of this Notice is to solicit comment on that submission, the content of which is incorporated by reference.

Any interested person may make written comments on the proposed amendments on or before August 27, 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.

These amendments are intended to implement Iowa Code section 234.6 and 2002 Iowa Acts, House File 2627, section 137.

Pursuant to the authority of Iowa Code section 507B.12, the Insurance Division gives Notice of Intended Action to rescind Chapter 9, “Reporting Requirements on Licenses,” Iowa Administrative Code.

The proposed amendment rescinds Chapter 9 and is intended to conform the administrative rules to 2002 Iowa Acts, Senate File 2279.

Any person may make written comments on the proposed amendment by 4:30 p.m. on August 27, 2002. These comments should be directed to John Leonhart, Attorney, Insurance Division, 330 Maple Street, Des Moines, Iowa 50319. Comments may also be transmitted by fax to (515)281–3059 or by E–mail to john.leonhart@iid.state.ia.us.

This amendment is intended to implement Iowa Code section 272C.4 as amended by 2002 Iowa Acts, Senate File 2279, section 1.

The following amendment is proposed.

Rescind and reserve 191—Chapter 9.

Pursuant to the authority of Iowa Code sections 17A.3(1)“b,” 16.5(17) and 16.18(2), the Iowa Finance Authority hereby gives Notice of Intended Action to rescind Chapter 3, “Iowa Homesteading Program,” and to adopt a new Chapter 3, “Multifamily Preservation Loan Program,” Iowa Administrative Code.

This amendment replaces the current Chapter 3 with a new chapter concerning the multifamily preservation loan program. Consistent with Executive Order Number 8 issued by the Governor on September 14, 1999, the Authority has determined to rescind the current Chapter 3, as the homesteading program is not currently utilized and is not anticipated to be used in the future.

The new Chapter 3 governs the Authority’s multifamily preservation loan program. Through this new program, the Authority seeks to preserve the existing supply of affordable rental units at risk of being lost, either from physical deterioration, from current financial structure or from current owners opting out of affordable housing, for which reasonable financing through traditional lenders or other government financing is not readily available. The rules outline the application procedure, program guidelines, and other necessary requirements of this program. Copies of the general guidelines 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.

These rules do not contain a waiver provision, as the authority does not intend to grant waivers under this program, other than as may be allowed pursuant to Chapter 18 of the Authority’s rules.

The Authority will receive written comments on the proposed amendments until 4 p.m. on August 27, 2002. Comments may be addressed to Donna Davis, Iowa Finance Authority, 100 East Grand, Suite 250, Des Moines, Iowa 50309. Comments may be faxed to Donna Davis at (515)242–4957. Comments may be E–mailed to Donna Davis at donna.davis@ifa.state.ia.us. Persons who wish to comment orally should contact Donna Davis at (515)242–4990.

These rules are intended to implement Iowa Code sections 16.5(17) and 16.18(2).

The following amendment is proposed.

Rescind 265—Chapter 3 and adopt the following new chapter in lieu thereof:

CHAPTER 3
MULTIFAMILY PRESERVATION LOAN PROGRAM

265—3.1(16) Purpose. Through its multifamily preservation loan program (program), the authority seeks to preserve the existing supply of affordable rental units at risk of being lost, either from physical deterioration, from current financial structure or from current owners opting out of affordable housing, for which reasonable financing through traditional lenders or other government financing is not readily available.

265—3.2(16) Available funds. The authority anticipates that it will, from time to time, publicize the approximate amount of funds available under this program on the authority’s Web site at www.ifahome.com.

265—3.3(16) Intent of the authority. It is the authority’s intent to allow maximum discretion and flexibility to be used by those applying for assistance under this program, and to allow discretion and flexibility to be used by the authority in its analysis and awarding of loans and grants under this program. It is the position of the authority that such discretion and flexibility are essential to structuring transactions that will work to preserve affordable housing in the state in a manner that best serves the citizens of the state.

265—3.4(16) Application procedure. Applications for assistance under this program must be made on forms and in the manner provided by the authority. Inquiries with respect to this program should be made to those persons identified on the authority’s Web site as contacts for this program. Once contacted with an inquiry, the authority will send an application package to the potential applicant. The authority will take such applications from time to time and will analyze and award loans to applicants on an ongoing basis. It is the position of the authority that such flexibility in taking and reviewing applications and making awards will best serve to preserve affordable housing in the state.

265—3.5(16) Program guidelines. For–profit and non–profit sponsors are eligible to apply for assistance under this program based on the following program guidelines:

3.5(1) Projects eligible for assistance must meet the following criteria:

a. Projects must have originally been developed using at least one of the following: low–income housing tax credits (LIHTC); state or local HOME funding; tax–exempt bonds; a HUD program or a USDA Rural Development program; authority HAF funds; funds of the former Iowa Housing Corporation; or similar funding as determined by the authority.

b. Units must at a minimum be affordable to tenants with incomes at or below 80 percent of area median income (AMI), and in most cases must be affordable to tenants with incomes at or below 50 percent AMI. Mixed income proj– ects will be considered for assistance.

c. A demonstrated market need for the units must exist and the project must be in a good location, all as determined by the authority in its sole discretion.

d. Projects must have at least five units.

e. Assistance provided under this program must enable the project to maintain financial feasibility and affordability for at least the term of the assistance.

f. Maintenance and debt service reserve funds must be adequately funded, as determined by the authority in its sole discretion.

3.5(2) The following types of activities, among others not listed herein, are eligible for assistance:

a. Acquisition and rehabilitation.

b. Loan restructuring for projects enrolled in the HUD Mark–to–Market program.

c. Restructuring of LIHTC, former Iowa Housing Corporation or authority loan (HAF or otherwise) projects.

d. Restructuring of HUD or USDA projects that are either “troubled” or “held” under such programs.

e. Rehabilitation necessary to eliminate a health or safety threat, for nonprofit owners only.

f. Such other similar activities as may be determined by the authority from time to time to fall within the guidelines and purposes established for this program.

3.5(3) Assistance will be provided upon the following terms and conditions:

a. Generally, the minimum loan amount is $100,000, and the maximum loan amount is $2,000,000. The maximum loan term is 30 years.

b. Debt service ratio must be at least 1.20:1, and will generally be required to be at least 1.25:1, as calculated by the authority. In addition, the loan–to–value ratio of the project, as calculated by the authority, will be considered. Notwithstanding the above, the authority may, in its sole discretion, accept a lower debt service ratio based on the final underwriting of the project.

c. Interest rates will be set by the authority, in its sole discretion, as close to market as the financial capacity of the project will allow.

d. Loans will be secured by a first mortgage provided, however, that in limited cases the authority may consider a subordinate mortgage when the first mortgage is held by another entity. Construction financing may be awarded to projects in need of substantial rehabilitation.

e. FHA–insured loans may be available through the Multifamily Accelerated Processing (MAP) of HUD, if the authority is an approved MAP lender. The authority may require or suggest such a MAP loan for any and all projects applying for assistance. A minimum loan amount of $500,000 is required for all FHA–insured loans. In addition, the authority may participate in the HUD Risk–Sharing Program, and may suggest or require such a loan for any and all proj–ects applying for assistance.

f. Recipients of assistance must agree to observe several covenants and restrictions, including but not limited to recorded affordability and transfer restrictions, all in accordance with such loan and mortgage documents as may be required by the authority from time to time under this program.

g. A Title Guaranty Certificate protecting the authority’s interest is required on all loans, unless specifically waived by the authority, in its sole discretion.

h. Each project receiving assistance must demonstrate a local contributing effort, as such term is used in Iowa Code section 16.4.

i. The authority may require a change in ownership, management, general partner or similar change prior to awarding assistance under this program. Also, the authority may refer applicants to other sources of funding when deemed appropriate by the authority.

j. Grant funds may be available, in the sole discretion of the authority, if the authority determines such funds are necessary for the continued financial viability of the project.

k. Recipients must execute such documents and instruments, and must provide such information, certificates and other items, as determined necessary by the authority, in its sole discretion, in connection with any assistance.

3.5(4) Loan fees are as follows:

a. Commitment fee (construction period) – 1.0 percent of total development costs.

b. Commitment fee (permanent loan) – 2.0 percent of loan amount.

c. Inspection fee – 0.5 percent of loan amount.

d. Application fee – 0.3 percent of proposed loan amount.

e. The authority may, in limited cases, reduce such fees if necessary in connection with assistance provided under this program. Such decision will be made in the sole discretion of the authority.

265—3.6(16) Authority analysis of applications. Authority staff will analyze and underwrite each potential project, and will make recommendations for funding assistance to the board of the authority. Authority staff will use such procedures and processes in its underwriting and analysis as it deems necessary and appropriate in connection with furthering the purposes of this program. In addition, the authority anticipates that because of the complex nature of each transaction, and the particular sets of circumstances attributable to each particular application/transaction, that the terms and conditions of loans will vary from project to project. The authority will make available its general operating procedures and guidelines for this program, as such may be revised from time to time.

265—3.7(16) Discretion of authority board. The authority board of directors has the sole and final discretion to award or not award assistance and to approve final loan terms.

265—3.8(16) Closing/advance of funds. If all requirements of the authority are not met in accordance with any time frames set by the authority and to the complete satisfaction of the authority, all in the sole discretion of the authority, the authority may determine to cease work on an approved project and to, accordingly, not advance any funds for such project.

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

The purpose of these amendments is to rescind provisions in Chapter 15 concerning affordable rental multifamily housing. In connection with proposed new rules in Chapter 3 concerning the Authority’s multifamily preservation loan program, published herein as ARC 1864B, the Authority has determined that the subrule rescinded by this Notice is not necessary.

The Authority will receive written comments on the proposed amendments until 4 p.m. on August 27, 2002. Comments may be addressed to Donna Davis, Iowa Finance Authority, 100 East Grand, Suite 250, Des Moines, Iowa 50309. Comments may be faxed to Donna Davis at (515)242–4957. Comments may be E–mailed to Donna Davis at donna.davis@ifa.state.ia.us. Persons who wish to comment orally should contact Donna Davis at (515)242–4990.

These amendments are intended to implement Iowa Code sections 16.5(17).

The following amendments are proposed.

ITEM 1. Amend rule 265—15.8(16), introductory paragraph, as follows:

265—15.8(16) HAF funds. There are four three separate categories of HAF funds: (1) homeownership; (2) affordable rental multifamily housing; (3) technical assistance/capacity building/public education/tenant programs; and (4) (3) transitional housing and supportive services. Each fund has different eligible uses and criteria and different eligible applicants. If HAF funds are used for rehabilitation under any of these categories, if applicable and based on the age of the structure, the property must comply with current lead–based stabilization requirements. The HAF funds are as follows:

ITEM 2. Rescind and reserve subrule 15.8(2).

Pursuant to the authority of Iowa Code section 135.11, the Department of Public Health hereby gives Notice of Intended Action to amend Chapter 4, “Birth Defects Institute,” Iowa Administrative Code.

These proposed amendments augment the newborn screening policy of the Iowa Neonatal Metabolic Screening Program, revise the maternal screening policy of the Expanded Maternal Serum Alpha–fetoprotein Screening Program, and provide for the use of a portion of the newborn metabolic screening fee to fund special medical formula.

Item 1 adds biotinidase deficiency to the newborn metabolic screening panel.

Item 2 amends subrule 4.3(5), regarding the consulting physician responsibility.

Item 3 amends subrule 4.3(8), regarding newborn metabolic screening fee determination to include the allocation of a portion of the fee for funding special medical formula.

Item 4 proposes a new subrule for the provision of a special medical formula program.

Item 5 updates the description of the Expanded Maternal Serum Alpha–fetoprotein Screening Program and its maternal screening policy.

Any interested person may make written comments or suggestions on the proposed amendments on or before August 27, 2002. Such written comments should be directed to Tonya Diehn, State Coordinator for Genetic Services, Birth Defects Institute, Department of Public Health, Lucas State Office Building, 321 E. 12th Street, Des Moines, Iowa 50319. E–mail may be sent to tdiehn@idph.state.ia.us.

A public hearing will be held over the Iowa Communications Network (ICN) on August 27, 2002, from 11 a.m. to 12 noon in the ICN Conference Room, Lucas State Office Building, 321 E. 12th Street, Sixth Floor, Des Moines, Iowa 50319. Additional ICN sites for the hearing are scheduled for the following locations:

North Hall, Room 107

University of Iowa

(at the end of N. Madison St.)

Iowa City, Iowa 52242

Kimberly Center

1002 W. Kimberly

Davenport, Iowa 52806

At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments. Any person who plans to attend the public hearing and who may require special accommodations, such as those for hearing or mobility impairments, should contact the Department and advise of specific needs.

These amendments are intended to implement Iowa Code chapter 136A.

The following amendments are proposed.

ITEM 1. Amend subrule 4.3(1) as follows:

4.3(1) Newborn screening policy. It shall be the policy of the state of Iowa that all All newborns shall be screened for hypothyroidism, phenylketonuria (PKU), galactosemia, hemoglobinopathies, congenital adrenal hyperplasia (CAH), and medium chain acyl Co–A dehydrogenase (MCAD) deficiency, and biotinidase deficiency.

As new disorders are recognized and new technologies and tests become available, the institute shall follow protocols developed by the department in regard to the addition of disorders to or deletion of disorders from the screening panel. The state board of health shall provide final approval for the addition of new disorders to the screening panel.

ITEM 2. Amend subrule 4.3(5) as follows:

4.3(5) Consulting physician responsibility. Consulting physicians shall be designated by the institute in collaboration with the central laboratory to provide interpretation of test results and consultation to licensed health care providers.

a. Under the direction of consulting physicians, metabolic, endocrine, and hemoglobinopathy follow–up programs shall be available for all individuals identified by newborn metabolic screening. The activities shall include consultation, treatment when indicated, case management, education and quality assurance.

b. The follow–up programs shall submit an annual report to the institute summarizing these activities.

ITEM 3. Amend subrule 4.3(8) as follows:

4.3(8) Neonatal metabolic screening fee determination.

a. Sixty days prior to the end of the fiscal year, the central laboratory and the consulting physicians shall submit a combined program proposal and budget to the institute for the coming year.

b. The department shall annually review and determine the fee to be charged for all activities associated with this program. The review and fee determination shall be completed at least one month prior to the beginning of the fiscal year.

ITEM 4. Amend rule 641—4.3(136A) by adopting the following new subrule:

4.3(9) Special medical formula program.

a. The department shall contract with the Department of Pediatrics at the University of Iowa to provide a special medical formula program for individuals with inherited diseases of amino acids and organic acids who are identified through the Iowa neonatal metabolic screening program.

b. Payments received from clients based on third–party payment, sliding fee scales and donations shall be used to support the administration of the Iowa metabolic formula program and the purchase of medical formula.

c. The funding allocation from the Iowa neonatal metabolic screening program fee will be used as the funder of last resort. The contractor shall attempt all funding options available before utilizing this funding allocation.

ITEM 5. Amend rule 641—4.4(136A) as follows:

641—4.4(136A) Expanded maternal serum alpha–fetoprotein screening program. This program provides comprehensive expanded maternal alpha–fetoprotein second trimester maternal screening services for the state.

4.4(1) Maternal screening policy. It shall be the policyof the state of Iowa that all pregnant women are offered the Iowa expanded maternal serum alpha–fetoprotein (MSAFP)/ Quad Screen screening. The Iowa expanded MSAFP/Quad Screen measures the maternal serum levels of alpha–fetoprotein, unconjugated estriol, human chorionic gonadotropin, and inhibin–A to provide a risk assessment for open neural tube defects, ventral wall defects, Down syndrome, Trisomy 18, and Smith–Lemli–Opitz. If a patient desires this screening test, the specimen shall be drawn and submitted by her health care provider to the University Hygienic Laboratory, the institute’s designated central laboratory.

4.4(2) Expanded maternal serum alpha–fetoprotein) Maternal screening procedure.

a. to c. No change.

4.4(3) and 4.4(4) No change.

4.4(5) Expanded maternal serum alpha–fetoprotein Iowa expanded MSAFP/Quad Screen screening fee determination. Sixty days prior to the end of the fiscal year, the central laboratory and the consulting physician shall submit a combined program proposal and budget to the institute for the coming year. The department shall annually review and determine the fee to be charged for activities associated with this program. The review and fee determination shall be completed at least one month prior to the beginning of the fiscal year.

Pursuant to the authority of Iowa Code sections 99D.7 and 99F.4, the Racing and Gaming Commission hereby gives Notice of Intended Action to amend Chapter 5, “Track and Excursion Boat Licensees’ Responsibilities,” Iowa Ad– ministrative Code.

This amendment changes the subrule regarding contracts that need to come before the Commission for approval.

Any person may make written suggestions or comments on the proposed amendment on or before August 27, 2002. Written material should be directed to the Racing and Gaming Commission, 717 E. Court, Suite B, Des Moines, Iowa 50309. Persons who wish to convey their views orally should contact the Commission office at (515)281–7352.

Also, there will be a public hearing on August 27, 2002, at 9 a.m. in the office of the Racing and Gaming Commission, 717 E. Court, Suite B, Des Moines, Iowa. Persons may pre–sent their views at the public hearing either orally or in writing.

This amendment is intended to implement Iowa Code chapters 99D and 99F.

The following amendment is proposed.

Rescind subrule 5.4(8) and insert in lieu thereof the following new subrule:

5.4(8) Commission approval of contracts and business arrangements.

a. Qualifying agreements. All contracts and business arrangements entered into by a facility are subject to commission jurisdiction. Written and verbal contracts and business arrangements involving a related party or in which the term exceeds three years or the total value exceeds $100,000 are agreements that qualify for submission to and approval by the commission. For the purpose of this subrule, a qualifying agreement shall be limited to:

(1) Any obligation that expends, encumbers, or loans facility assets to anyone other than a not–for–profit entity or a unit of government for the payment of taxes or utilities.

(2) Any disposal of facility assets or provision of goods and services at less than market value to anyone other than a not–for–profit entity or a unit of government.

(3) A previously approved qualifying agreement, if consideration exceeds the approved amount by the greater of $100,000 or 25 percent.

A qualifying agreement must be submitted within 30 days of execution. Commission approval must be obtained prior to implementation, unless the qualifying agreement contains a written clause stating that the agreement is subject to commission approval. Qualifying agreements that are ongoing or open–ended need only be submitted on initiation, unless there is a material change in terms or noncompliance with 5.4(8)“b”(4).

b. Purpose of review. The commission conducts reviews to serve the public interest to ensure that:

(1) Gaming is free from criminal and corruptive elements.

(2) Gaming–related funds are directed to the lawful recipient.

(3) Gaming profits are not improperly distributed.

(4) Consideration is given to the use of Iowa resources, goods and services. Resources, goods, and services shall be considered to be from Iowa if one or more of the following apply:

1. Goods are manufactured in Iowa.

2. Goods are distributed through a distributor located in Iowa.

3. Goods are sold by a retailer/wholesaler located in Iowa.

4. Resources are produced or processed in Iowa.

5. Services are provided by a vendor whoseheadquarters/home office is in Iowa.

6. Goods, resources or services are provided by a vendor whose headquarters/home office is located outside Iowa, but which has a tangible business location (not simply a post office box) and does business in Iowa.

7. Services beyond selling are provided by employees who are based in Iowa.

A facility shall be considered to have utilized a substantial amount of Iowa resources, goods, services and entertainment in compliance with Iowa Code section 99F.7(4) if the facility demonstrates to the satisfaction of the commission that preference was given to the extent allowed by law and other competitive factors.

c. Related parties. Other submittal requirements notwithstanding, agreements negotiated between the facility and a related party must be accompanied by an economic and qualitative justification. For the purpose of this subrule, related party shall mean any one of the following having any beneficial interest in any other party with whom the facility is seeking to negotiate an agreement:

(1) Any corporate officer or member of a facility’s board of directors.

(2) Any owner with more than a 5 percent interest in a facility.

(3) A member of either the qualified sponsoring organization or the qualifying organization under Iowa Code section 99D.8 associated with a facility.

d. Review criteria. The commission shall approve all qualifying agreements that, in the commission’s sole opinion, represent a normal business transaction and may impose conditions on an approval. The commission may deny approval of any agreement that, in the commission’s sole opinion, represents a distribution of profits that differs fromcommission–approved ownership and beneficial interest. This subrule does not prohibit the commission from changing the approved ownership or beneficial interest.

Pursuant to the authority of Iowa Code sections 421.17(19) and 422.68, the Department of Revenue and Finance hereby gives Notice of Intended Action to amend Chapter 52, “Filing Returns, Payment of Tax and Penalty and Interest,” Iowa Administrative Code.

These amendments are proposed because of 2002 Iowa Acts, House File 2592.

Item 1 amends rule 701—52.1(422) by adopting new subrule 52.1(10), which provides for the deferment of taxable income for start–up companies that meet certain eligibility requirements. To clarify the statutory provision, examples are included.

Item 2 amends an implementation clause.

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

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

The Department has determined that these proposed amendments may have an impact on small business. The Department has considered the factors listed in Iowa Code section 17A.4A. The Department will issue a regulatory analysis as provided in Iowa Code section 17A.4A if a written request is filed by delivery or by mailing postmarked no later than September 9, 2002, to the Policy Section, Compliance Division, Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306. The request may be made by the Administrative Rules Review Committee, the Administrative Rules Coordinator, at least 25 persons signing that request who each qualify as a small business or an organization representing at least 25 such persons.

Any interested person may make written suggestions or comments on these proposed amendments on or before September 6, 2002. Such written comments should be directed to the Policy Section, Compliance Division, Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306.

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

Requests for a public hearing must be received by August 30, 2002.

These amendments are intended to implement Iowa Code chapter 422 as amended by 2002 Iowa Acts, House File 2592.

The following amendments are proposed.

ITEM 1. Amend rule 701—52.1(422) by adding the following new subrule:

52.1(10) Deferment of income for start–up companies. For tax periods beginning on or after January 1, 2002, a business that qualifies as a “start–up” business can defer taxable income for the first three years that the business is in operation.

a. Definition of start–up business. A start–up business for purposes of this subrule does not include any of the following:

(1) An existing business locating in Iowa from another state.

(2) An existing business locating in Iowa from another location in Iowa.

(3) A newly created business which is the result of the merger of two or more businesses.

(4) A newly created subsidiary or new business of a corporation.

(5) A previously existing business which has been dissolved and reincorporated.

(6) An existing business operating under a different name and located in a different location.

(7) A newly created partnership owned by two or more of the same partners as an existing business and engaging in similar business activity as the existing business.

(8) A business entity that reorganizes or experiences a change in either the legal or trade name of the business.

(9) A joint venture.

b. Criteria for deferment of taxable income. In order to qualify for the deferment of taxable income for a start–up business, each of the following criteria must be met:

(1) The taxpayer is a business that is a wholly new start–up business beginning operations during the first tax year for which the deferment of taxable income is claimed.

(2) The business has its commercial domicile, as defined by Iowa Code section 422.32, in Iowa.

(3) The operations of the business are funded by at least 25 percent venture capital moneys. “Venture capital moneys” means an equity investment from an individual or a private seed and venture capital fund whose only business is investing in seed and venture capital opportunities. “Venture capital moneys” does not mean a loan or other nonequity financing from a person, financial institution or other entity.

(4) The taxpayer does not have any delinquent taxes or other debt outstanding and owing to the state of Iowa.

c. Request for deferment of income. A taxpayer must submit a request to the department for the deferment of taxable income. The request must provide evidence that all of the criteria to qualify as a start–up business have been met. The request should be made as soon as possible after the close of the first tax year of the business. The request is to be filed with the Iowa Department of Revenue and Finance, Policy Section, Compliance Division, P.O. Box 10457, Des Moines, Iowa 50306–0457. Upon determination that the criteria have been met, the department will notify the taxpayer that the deferment of taxable income is approved. If the request for deferment of taxable income is denied, the taxpayer may file a protest within 60 days of the date of the letter denying the request for deferment of taxable income. The department’s determination letter shall set forth the taxpayer’s rights to protest the department’s determination.

d. Filing of tax returns. If the request for deferment of taxable income is approved, taxable income for the first three years that the business is in operation is deferred. The taxpayer shall pay taxes on the deferred taxable income in five equal annual installments during the five tax years following the three years of deferment. Tax returns must be filed for each tax year in which the deferment is approved. If the taxpayer has a net loss during any tax year during the three–year deferment period, the loss may be applied to any deferred taxable income during that period. For purposes of assessing penalty and interest, the tax on any deferred income is not due and payable until the tax years in which the five equal annual installments are due and payable.

The following nonexclusive examples illustrate how this subrule applies:

EXAMPLE 1: A qualifying start–up business reports Iowa taxable income of $1,000 in year one, $5,000 in year two and $10,000 in year three. The total tax deferred is $60 in year 1, $300 in year two and $600 in year three, or $960. The taxpayer shall pay $192 ($960 divided by 5) in deferred tax for each of the next five tax returns. No penalty or interest is due on the deferred annual tax of $192 if the returns for years four through eight are filed by the due date and the tax is timely paid. After the return for year three is filed, the department will issue a schedule to the qualifying business indicating that $192 of additional tax is due annually for years four through eight, and when the additional payments of $192 are due.

EXAMPLE 2: A qualifying start–up business reports an Iowa taxable loss of $10,000 in year one, a loss of $2,000 in year two and taxable income of $22,000 in year three. The losses for year one and year two can be netted against the income in year three, resulting in deferred taxable income of $10,000. The tax of $600 computed on income of $10,000 will be paid in five equal installments of $120 for the next five tax returns. No penalty or interest is due on the deferred annual tax of $120 if the returns for years four through eight are filed by the due date and the tax is timely paid. After the return for year three is filed, the department will issue a schedule to the qualifying business indicating that $120 of additional tax is due annually for years four through eight and when the additional payments of $120 are due.

ITEM 2. Amend rule 701—52.1(422), implementation clause, as follows:

This rule is intended to implement Iowa Code sections 422.21, 422.32, 422.33, 422.34, 422.34A and 422.36 as amended by 2001 and 2002 Iowa Acts, House File 707 2592.

Pursuant to the authority of Iowa Code section 47.1, the Secretary of State hereby gives Notice of Intended Action to amend Chapter 21, “Election Forms and Instructions,” Iowa Administrative Code.

Licensees are currently operating gambling games at pari–mutuel racetracks and on excursion boats pursuant to Iowa Code chapter 99F. These licenses were granted after the electorate of a county approved such gambling operations in the county.

Iowa Code section 99F.7(10)“d” requires the board of supervisors to submit the same proposition on gambling games in the county to the electorate of the county at the general election to be held in 2002 so that the electorate can decide whether such gambling games shall continue in the county.

New subrules 21.820(6) and 21.820(7) provide guidance to the boards of supervisors and county auditors by setting forth uniform ballot language to be used on the 2002 general election ballot for those counties required to have the gambling proposition on their ballots.

Any interested person may make written suggestions or comments on this amendment through August 27, 2002. Such written suggestions or comments on this amendment should be directed to Bob Galbraith, Deputy Secretary of State, Elections and Voter Registration, First Floor, Lucas State Office Building, Des Moines, Iowa 50319.

Persons who want to convey their views orally should contact the Secretary of State’s office at (515)281–6598, or at the Secretary of State’s office on the first floor of the Lucas State Office Building. Requests for a public hearing must be received by August 26, 2002.

This amendment is also Adopted and Filed Emergency and is published herein as ARC 1872B. The content of that submission is incorporated by reference.

This amendment is intended to implement Iowa Code sections 47.1 and 99F.7(10)“d.”

Pursuant to the authority of Iowa Code sections 307.10 and 307.12, the Department of Transportation hereby gives Notice of Intended Action to amend Chapter 112, “Primary Road Access Control,” Iowa Administrative Code.

Throughout the rules, metric units of measure are changed to English units of measure, references to Department offices and position titles are updated, and the appeal processes are amended to provide for an intermediate appeal to the district engineer before a matter is appealed to the Director of Transportation. Also, more flexibility is provided in situations where the Department feels it is warranted.

Subrule 112.1(4) is new. It provides that rule waivers involving the interstate highway system require the approval of the Federal Highway Administration.

In rule 761—112.2(306A), several definitions are added for terms used in the rules.

For Priority III highways, the spacing between access locations is revised to state that the minimum allowable spacing is 1,000 feet, and that spacing of one–quarter mile is preferable. The distinction between a rural–designed area and an urban–designed area is removed.

Priority IV highways are subdivided into Priority IV(a) and Priority IV(b), rather than a rural–designed area and an urban–designed area.

Sight distance values are updated to conform to current standards.

Subrule 112.3(4) regarding maintenance of entrances is added to replace language formerly found in subrule 112.4(4). The new subrule addresses maintenance responsibilities for both paved and unpaved entrances.

Subrule 112.4(6) is new. It addresses items that should be considered when determining entrance width and the size of radius or flared returns. The remaining subrules in rule 761—112.4(306A) are renumbered accordingly.

Renumbered subrule 112.4(7) on entrance width is revised. A sentence is added which states that the width of an entrance is the distance between the beginning points of the return radii or flares, measured perpendicular to the centerline of the entrance. The minimum allowable width of a Type “C” entrance is revised to establish a minimum allowable width of 20 feet, but to allow a minimum width of 15 feet if the posted speed limit is 35 miles per hour or less.

Renumbered subrule 112.4(7) is also revised to state that the width of a city street or secondary road intersection will be determined on a case–by–case basis taking into consideration both local and Department standards.

In renumbered subrule 112.4(8) regarding radius or flared returns, new paragraph “j” is added to address situations in which the predominant types of vehicles that will use an entrance are truck tractor–semitrailer combinations and large equipment.

Subrule 112.4(11) is new. It addresses the grade of an entrance.

Subrule 112.5(2) regarding an entrance permit application for a Type “A” entrance is revised to require the applicant to review the need for traffic signals.

Subrule 112.6(4) is revised to strike a requirement that the entire curb and gutter section be removed when a curb is cut for the construction of an entrance.

Rule 761—112.7(306A) is new. Its purpose is to clarify the requirements for access to Priority I, II, III and IV highways once access rights are acquired.

Subrule 112.8(3) is revised to remove a prohibition that no portion of a requested entrance that lies within the highway right–of–way may extend beyond the property line as extended to intersect the roadway centerline unless the adjacent property owner has joined in the permit.

Subrule 112.11(4) is amended to add a sentence explaining where a median begins or ends.

Subrules 112.11(5) to 112.11(7) regarding acquisition of access rights along intersecting primary roads, secondary roads and city streets at interchanges are struck and replaced by new subrule 112.11(5). The new subrule lists the minimum distances where access rights should be acquired, measuring from the point of ramp bifurcation, from the beginning of a deceleration lane or taper, and from the beginning or end of a median, whichever distance is greater.

Subrule 112.12(2) regarding the establishment of predetermined access locations is rewritten to include a list of items the Department will consider when establishing predetermined access locations. New language also provides that the establishment of a predetermined access location that does not meet required spacing standards is not a waiver of the rules if the location can be justified based on one or more of these items.

Subrule 112.12(4) regarding the construction of entrances after completion of a highway project is rewritten for clarity and to correct an error.

Subrule 112.13(4) is new. It addresses temporary access for emergency situations or for highway construction or maintenance purposes in an area where access rights have been acquired.

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

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

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

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

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

5. Be received by the Director’s Staff Division no later than August 27, 2002.

A meeting to hear requested oral presentations is scheduled for Thursday, August 29, 2002, at 10 a.m. in the Administration Building, Third Floor Conference Room of the Department of Transportation, 800 Lincoln Way, Ames, Iowa.

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

The proposed amendments may have an impact on small business. A request for a regulatory analysis pursuant to Iowa Code section 17A.4A must be submitted to the Director’s Staff Division at the address listed in this Notice by September 9, 2002.

These amendments are intended to implement Iowa Code chapters 306, 306A and 319.

Proposed rule–making action:

Amend 761—Chapter 112 as follows:

CHAPTER 112
PRIMARY ROAD ACCESS CONTROL

112.1(1) Statement of policy. The efficiency and safety of a highway depend to a large extent upon the amount and character of interruptions to the movement of traffic. The primary cause of these interruptions is vehicular movements to and from businesses, residences, and other developments along the highway. Regulation and overall control of highway access are necessary to provide efficient and safe highway operation and to utilize the full potential of the highway investment.

Accordingly, the department hereby establishes rules for control of access to primary roads.

112.1(1) 112.1(2) Considerations. When applying these rules to a particular access situation, the department shall consider the following:

a. Safety to the traveling public.

b. Perpetuation of the traffic–carrying capacity of the highway.

c. The impact upon the economy of the state.

d. Protection of the rights of the traveling public and of property owners, including the rights of abutting property owners.

112.1(2) 112.1(3) Waivers. The department may, upon its own motion or in response to a written request or petition, waive provisions of this chapter. 761—Chapter 11 applies, with the following exceptions:

a. to d. No change.

761—112.2(306A) Definitions. The following terms, when used in this chapter of rules, shall have the following meanings unless the context otherwise requires:

112.2(1) “Access.” A means of ingress or egress between a primary highway and abutting property or an intersecting local public road or street.

112.2(2) “Acquisition.” To receive title by gift, purchase or condemnation.

112.2(3) “Built–up area.” An area adjacent to a primary road that meets the following general criteria:

a 1. The lots or area abutting the primary road does not have sufficient setback for the construction of a frontage road, and the development in depth precludes the establishment of a frontage–type road to the rear of the lots or area.

b 2. When a “built–up area” exists on one side of a primary road, the other side of the road is also considered to be “built–up” for the purpose of determining access requirements.

112.2(4) “Controlled access highway.” All primary highways are controlled access facilities.

112.2(6) “Entrance.” A physical connection between a primary highway and abutting property or an intersecting local public road or street.

112.2(7) “Entrance type.” Entrances are divided into the following three classes according to their normal usage:

a 1. Type “A” entrance. An entrance developed to carry sporadic or continuous heavy concentrations of traffic. Generally, a Type “A” entrance carries in excess of 150 vehicles per hour. An entrance of this type would normally consist of multiple approach lanes and may incorporate a median. Possible examples: include racetracks, large industrial plants, shopping centers, subdivisions, or amusement parks.

b 2. Type “B” entrance. An entrance developed to serve moderate traffic volumes. Generally, a Type “B” entrance carries at least 20 vehicles per hour but less than 150 vehicles per hour. An entrance of this type would normally consist of one inbound and one outbound traffic lane. Possible examples: include service stations, small businesses, drive–in banks, or light industrial plants.

c 3. Type “C” entrance. An entrance developed to serve light traffic volumes. Generally, a Type “C” entrance carries less than 20 vehicles per hour. The An entrance of this type would not normally accommodate simultaneous inbound and outbound vehicles. Possible examples: include residential, farm or field entrances.

112.2(8) “Entrance width determination.” See subrule 112.4(7).

112.2(9) “Fringe area.” A suburban–type area adjacent to a primary road that meets the following general criterion: The layout of the lots or area abutting the primary road, including intermittent or unrelated development, permits construction of a frontage road in front of, or a frontage–type road to the rear of, the development.

112.2(10) “Frontage.” The length along a public road right–of–way of a single property tract. Corner A corner property at an intersection of two public roads has separate frontage along each roadway.

112.2(11) “Frontage road.” A public road or street auxiliary to and usually located alongside and parallel to a primary highway for maintaining local road continuity and for control of access.

112.2(12) “Median.” The portion of a divided highway or divided entrance separating the traveled ways from opposing traffic moving in opposite directions. Medians may be depressed, raised or painted. Openings in the primary highway median to accommodate entrances are governed by the following:

a 1. New median openings should not be permitted except to accommodate intersecting local public roads or streets or large traffic–generating facilities such as large shopping centers or industrial plants. Median openings may be permitted in these instances if satisfactorily justified and in the public interest.

b 2. If a median opening exists prior to the construction of a driveway or local public road or street, the opening may be modified to accommodate the turning movements of the traffic expected.

c 3. Costs incurred for adding or modifying median openings shall not be borne by the department.

d 4. The department reserves the right to close an existing median opening when the department deems it is necessary.

112.2(13) “Normal peak hour traffic.” The highest number of vehicles, based on the thirtieth highest hour, found to be entering and leaving an entrance during 60 consecutive minutes in a 24–hour period, excluding holidays.

112.2(14) “Predetermined access location.” A location of access reserved for the adjacent property at the time access rights are acquired.

112.2(15) “Primary road” or “primary highway.” A road or street designated as a “primary road” in accordance with Iowa Code subsection 306.3(8) 306.3(6). This definition includes primary road extensions in municipalities cities and primary roads under construction.

112.2(16) “Priority I highway.” A primary highway constructed as a fully controlled access facility highway. Access Permanent access to the facility is allowed only at interchange locations. No permanent at–grade access is allowed.

112.2(17) “Priority II highway.” A primary highway constructed as a four–lane divided two–lane or multilane (more than two lanes) facility with a high degree of access control. Access to the facility is allowed only at interchanges and selected at–grade locations.

The minimum allowable spacing between access locations is 800 meters one–half mile. Limiting primary highway access to existing public road intersections at intervals of 1600 meters one mile is preferable.

112.2(18) “Priority III highway.” A primary highway constructed as a two–lane or multilane facility, a two–lane facility within a four–lane right–of–way corridor, or a four–lane facility. Access to the facility is allowed at interchanges and at–grade locations.

The minimum allowable spacing between access locations is 300 meters in a rural–designed area and 200 meters in an urban–designed area. In a rural–designed area, spacing of 400 meters 1,000 feet. Spacing of one–quarter mile is preferable.

112.2(19) “Priority IV highway.” A primary highway constructed as a two–lane facility; however, the definition may include a four–lane multilane facility in an urban area. Priority IV is divided into Priority IV(a) and Priority IV(b).

112.2(20) “Priority V highway.” A primary highway where access rights to it were acquired between 1956 and 1966, entrances were reserved at that time with no spacing limitations, and the department has subsequently determined that a higher degree of access control is desirable. The definition also includes a highway where access rights have not been acquired, but the department anticipates acquiring access rights in the future.

Entrances to the highway are generally restricted to one entrance for contiguous highway frontage not exceeding 300 meters 1,000 feet, two entrances for contiguous highway frontage exceeding 300 meters 1,000 feet but not exceeding 600 meters 2,000 feet, and so on.

112.2(21) “Priority VI highway.” A primary highway where the acquisition of access rights or additional access rights is not anticipated. This definition may also include a highway where access rights were acquired between 1956 and 1966, entrances were reserved at that time with no spacing limitations, and the department has subsequently determined that restricting access to the facility is no longer necessary.

Access locations are approved based on safety and need.

112.2(22) “Ramp bifurcation.” The point where the baseline of the ramp intersects the centerline of the adjacent roadway.

112.2(23) “Recreational trail.” A trail established in conjunction with minimum AASHTO standards. A recreational trail may be established for biking, pedestrian, snowmobiling, cross–country skiing, or equestrian use.

112.2(24) “Right–of–way line.” The boundary line between the land acquired for or dedicated to public road use and the adjacent property.

112.2(25) “Rural area.” An area clearly not meeting the criteria set forth for a built–up or fringe area; rural . Rural area also includes agricultural land within the corporate limits of a city.

112.2(26) “Rural–designed area.” An area in which the predominant cross section accommodates surface drainage from the roadway and adjacent terrain via an open ditch.

112.2(27) “Shoulder.” The portion of a public road contiguous to the traveled way for the accommodation of disabled vehicles and for emergency use.

112.2(28) “Sight distance.” The distance of clear vision along a primary highway in each direction from any given point of access where a vehicle must stop before entering the highway.

a 1. Sight distance is based upon AASHTO stopping sight distance criteria. However, the height of an object is increased from 150 millimeters to 1300 millimeters to acknowledge an approaching vehicle as the “object” of concern. Therefore, sight distance at an access location is measured from the driver’s height of eye (1070 millimeters) (3.5 feet) to the height of an approaching vehicle (1300 millimeters) (4.25 feet).

b 2. An access location should be established where desirable sight distance is available and shall not be authorized in a location providing less than minimum sight distance, as shown below.

c 3. On a four–lane divided primary highway where access is proposed at a location not to that will not be served by a median crossover, sight distance shall be is required only in the direction of the flow of traffic.

112.2(29) “Special access connection.” An access location authorized to the primary road system in an area where access rights were previously acquired. Special access connections shall be constructed in compliance with the rules for entrances.

112.2(30) “Turning lane.” An auxiliary lane, including taper areas, primarily used for the deceleration or storage of vehicles leaving the through traffic lanes.

112.2(31) “Urban–designed area.” A built–up or fringe area in which the predominant cross section accommodates roadway surface drainage by means of a curbed roadway.

112.3(1) to 112.3(3) No change.

761—112.4(306A) General requirements for entrances where access rights have not been acquired. This rule establishes the general requirements for access to primary highways where access rights have not been acquired.

112.4(1) Entrance permit. Prior to the modification of an existing, or the construction of a new, A person shall not modify an existing entrance or construct a new entrance to a primary highway from abutting property or from a local public road or street, an application for a permit to construct an entrance, Form 640004, shall be submitted to and approved by until the department has issued an entrance permit for the work.

a. The An application for an entrance permit shall be submitted to the appropriate resident maintenance engineer. However, if the primary highway is under construction, the application may be submitted to the appropriate resident construction engineer district representative on a form prescribed by the department.

b. to d. No change.

e. The application shall be approved or denied by the appropriate transportation center maintenance engineer. If it is denied, the applicant may request further review by resubmitting the application along with background information and an explanation of the need for access to the director of transportation district representative.

112.4(2) Construction or modification of entrances.

a. All work performed on a primary highway under the terms of an entrance permit, Form 640004, shall comply with the conditions of the permit. These conditions include any accompanying plans, drawings, sketches, or other attachments to the permit. The permit holder or the permit holder’s contractor shall have a copy of the permit available at the work site.

b. During the time an entrance is being constructed or modified, care must be taken to ensure the safety of the workers on the site and of the traveling public. The work shall be accomplished in a manner that will minimize interference with normal highway operations. Care must be taken during construction or modification of the entrance and development of the abutting property to avoid tracking mud or other material onto the primary highway.

112.4(3) Construction costs. Construction costs, including any costs incurred for modifying the existing primary highway as may be required by the entrance permit, shall should not be borne by the department.

112.4(4) Maintenance of entrances. See subrule 112.3(4).

112.4(5) Primary road extensions.

a. to c. No change.

d. There Without an approved permit, there shall be no encroachment onto the primary highway right–of–way. Signs shall not be placed on or overhang the right–of–way.

112.4(6) 112.4(7) Entrance widths. The width of an entrance is the distance between the beginning points of the return radii or flares, measured perpendicular to the centerline of the entrance.

a. Type “A” entrances. Each case requires special study. See rule 112.5(306A).

b. Type “B” entrances.

(1) The minimum allowable width is 7 meters 24 feet.

(2) The maximum allowable width is 14 meters 45 feet.

(3) For one–way operation, the minimum allowable width is 4 meters 12 feet and the maximum allowable width is 10 meters 30 feet.

c. Type “C” entrances.

(1) The minimum allowable entrance width is 5 meters 20 feet. In an area where the posted speed limit is 35 miles per hour or less, a minimum width of 15 feet may be allowed.

(2) The maximum allowable width is 10 meters 30 feet.

(3) If an entrance will serve more than one property, the minimum allowable width is 6 meters 20 feet and the maximum allowable width is 11 meters 35 feet.

d. City street and secondary road intersections. These shall comply with standards established by the department The department shall determine the width of city street and secondary road intersections on a case–by–case basis, taking into consideration both local and department standards.

112.4(7) 112.4(8) Radius or flared returns. Return radii or flared returns shall be determined by the predominant type of vehicle using the entrance. Return radii for granular entrances shall be measured along the edge of the primary highway shoulder. Return radii for paved entrances shall be measured along the edge of the primary highway pavement.

a. Type “A” entrances. Each case requires special study. See rule 112.5(306A).

b. Type “B” entrances, rural–designed area, not paved.

(1) For an entrance angle of 90 degrees to the centerline of the primary highway, the return radii shall should not exceed 12 meters 35 feet.

(2) For an entrance angle of 60 degrees to the centerline of the primary highway, the return radius of the obtuse angle shall should not exceed 16 meters 50 feet. The return radius of the acute angle shall should not exceed 8 meters 25 feet.

(3) For an entrance angle that is between 90 and 60 degrees, the maximum radii of the obtuse and acute angles shall should be interpolated between the values given in subparagraphs (1) and (2) above and rounded to the nearest 2 meters 5 feet.

(4) Entrance angles that are less than 60 degrees shall require department review to establish appropriate radii.

c. Type “B” entrances, rural–designed area, paved.

(1) For an entrance angle of 90 degrees to the centerline of the primary highway, the return radii shall should not exceed 16 meters 50 feet.

(2) For an entrance angle of 60 degrees to the centerline of the primary highway, the return radius of the obtuse angle shall should not exceed 18 meters 60 feet. The return radius of the acute angle shall should not exceed 8 meters 25 feet.

(3) For an entrance angle that is between 90 and 60 degrees, the maximum radii of the obtuse and acute angles shall should be interpolated between the values given in subparagraphs (1) and (2) above and rounded to the nearest 2 meters 5 feet.

(4) Entrance angles that are less than 60 degrees shall require department review to establish appropriate radii.

d. Type “B” entrances, urban–designed area, paved or not paved.

(1) All Type “B” entrances within an urban–designed area shall should be paved for a minimum distance of 3 meters 10 feet back from the primary highway curb, as measured at 90 degrees to the centerline edge of the primary highway roadway.

(2) Return radii shall be in accordance with paragraph “e” below The return radii should be no less than 10 feet nor greater than 20 feet.

e. Type “B” entrances, urban–designed area, paved. Reserved.

f. Type “C” entrances, rural–designed area, not paved.

(1) For an entrance angle of 60 to 90 degrees to the centerline of the primary highway, the return radii shall should not exceed 4 meters 15 feet for either the obtuse or acute angle.

(2) Entrance angles that are less than 60 degrees shall require department review to establish appropriate radii.

g. Type “C” entrances, rural–designed area, paved.

(1) For an entrance angle of 60 to 90 degrees to the centerline of the primary highway, the return radii shall should not exceed 6 meters 20 feet.

(2) Entrance angles that are less than 60 degrees shall require department review to establish appropriate radii.

(3) If an existing entrance is being reconstructed, the returns may be replaced in kind.

h. Type “C” entrances, urban–designed area, paved or not paved. Entrances should be constructed with the same criteria as established for Type “B” entrances within anurban–designed area.

i. Flared entrances, urban–designed area. In an urban–designed area, entrances may be constructed with flares flared returns rather than return radii radius returns. When used, the flare shall be constructed at a 2:1 ratio with the “2” value measured on a line parallel to the entrance centerline and the “1” value measured on a line perpendicular to the entrance centerline. The length of the flare as measured parallel to the entrance centerline should be equal to the radii requirements shown in paragraphs 112.4(8)“d” and “h” above.

112.4(8) 112.4(9) Entrance angle.

a. In general, the entrance angle shall be established as near to 90 degrees to the centerline of the primary highway as site conditions will allow.

b. Normally, the centerline of that part of an entrance lying within the right–of–way shall be at a right angle to the centerline of the primary highway for a minimum distance of 10 meters 30 feet from the near edge of the primary highway pavement.

c. An entrance established for two–way operation for a service station or other development where two access points are authorized shall be 70 to 90 degrees to the centerline of the primary highway.

d. On a divided primary highway where two access locations are authorized for one–way operation, the “ingress” may be 45 to 60 degrees to the centerline of the primary highway and the “egress” may be 60 to 90 degrees to centerline of the primary highway.

112.4(9) 112.4(10) Slope and cross section of entrances in rural–designed area.

a. The finished, surface elevation of an entrance over a culvert, or the location where a culvert would normally be placed, should be sloped away from lower than the primary highway pavement, preferably an extension of the 4 percent shoulder slope grade, to prevent surface water from draining onto the highway pavement. The shoulder grade should be extended onto the entrance at a distance sufficient to provide a safe platform for a vehicle to stop before entering the highway.

b. If an entrance requires drainage pipe, the entrance side slopes from highway shoulder to the entrance pipe shall be no steeper than 8:1 and from the entrance pipe to the right–of–way line shall be no steeper than 6:1. A smooth transition from the 8:1 to the 6:1 slope requirements shall be accomplished is required.

c. If an entrance does not require drainage pipe, the entrance side slopes from highway shoulder to the minimum clear zone distance shall be no steeper than 10:1, right–of–way width permitting. From the point of minimum clear zone to the right–of–way line, a smooth transition to a 6:1 slope is acceptable. The minimum clear zone distance shall be determined using the AASHTO Roadside Design Guide.

d. Upgrading only the surfacing material of an existing entrance will not require a change in existing side slopes.

761—112.5(306A) Additional entrance requirements for commercial, industrial or residential developments Type “A” entrances. This rule establishes additional requirements for Type “A” entrances serving commercial, industrial or residential developments.

112.5(1) General.

a. The most important factors in developing an access plan for a commercial, industrial or residential development are a determination of the potential traffic generated by the site and a determination of the directional distribution of site–generated traffic on the major approach routes and proposed entrances serving the site. Entrances serving the site represent an important element in the efficiency and safety of the highway handling the site–generated traffic. To properly handle traffic from these entrances, the anticipated traffic volumes must be determined by the applicant and submitted to the department.

b. The location of entrances, particularly commercial entrances, is a critical factor in minimizing disruption to traffic and pedestrians. A site should be developed with an internal circulation pattern for traffic movements so that access to the site may be gained by a free flow of traffic from the primary road system. Parking stalls and pedestrian movements should be located away from the main entrance to the facility.

c. Adequate storage for vehicles must be provided on commercial and industrial sites so that vehicles do not wait on the highway to enter. Adequate storage space is a function of the demand volume, the service time per facility, and the number of service facilities available. Service time is dependent upon the time required to maneuver into position and the time needed to obtain the service. The geometrics of the internal circulation pattern control a portion of the service time. The radii of internal curves should be as large as possible. Buildings on a site should be arranged to allow for the maximum storage available on the site for exiting traffic and situated so that they will not disrupt the free flow of entering traffic.

d. A service station site should be designed to provide a minimum distance of 5 meters 15 feet from the right–of–way line to the near edge of the pump island. No portion of the highway right–of–way shall be used for servicing vehicles.

e. When property is being developed, consideration must be given to locating the access directly opposite an existing commercial entrance or street intersection.

f. Comments from local authorities regarding the proposed development should be included in the application to allow the department to incorporate the input of local authorities into the final design of the entrance location. This input should refer to the zoning plan, land use plan, or metrotrans– portation plan.

112.5(2) Shopping center and industrial Type “A” access requests.

a. Application for entrance permit. An entrance permit application for a shopping center or industrial development Type “A” entrance shall, when relevant to the proposed development, include the following data in detail:

(1) Type and location of the proposed development.

(2) Site plan.

(3) Location of all proposed entrances, turning lanes on adjacent highways or streets, and internal traffic lanes and parking facilities within the development area. This information shall be sufficiently complete to allow determination of dimensions, the direction of traffic flow, and restrictions to traffic caused by plantings, curbing, medians, walls, signing, etc.

(4) Detailed design of proposed highway pavement wid– enings, additional lane provisions, relocations, and other highway improvements considered necessary to the efficient operation of the proposed development.

(5) Proposed traffic signal locations. Signal warrant analysis and application to construct a traffic control device, when required. See paragraphs “b” and “c” of this subrule.

(6) Preliminary drainage data.

(7) Gross leasable floor area in square meters feet.

(8) Number of parking spaces.

(9) Anticipated total daily trips inbound and outbound during an average 24–hour period for total site development. Special holiday shopping traffic shall not be used for this estimate.

(10) Estimated traffic volumes arriving and departing during the normal peak hour.

(11) Estimated distribution of traffic via individual entrances for the normal peak hour.

(12) Estimated distribution of traffic by percentage of total daily trips via major highways from origin to the development.

b. Reserved. Signal warrant analysis. The applicant must submit to the department a signal warrant analysis for all multimovement access points within the study area for the proposed development. The purpose of the analysis is to determine if traffic signals are warranted. The analysis should also evaluate the feasibility of coordinating any proposed traffic signals with existing traffic signals in the study area to achieve the desired traffic progression. The department may require a proposed entrance to be redesigned or relocated if the proposed entrance meets signal warrant thresholds but does not meet other standards in these rules.

112.5(3) Agreement supplementary to permit.

a. A major commercial development often involves a variety of special access requirements. In addition to the entrance permit, an agreement between the department, the local governmental unit and the applicant may be required to fit the particular situation, listing in detail the responsibilities of the applicant, the local governmental unit and the department each party. When applicable, the department shall draft an agreement and forward it to the applicant. The department shall not be responsible for any costs incurred as a result of the proposed development.

b. Upon receipt of the agreement, the applicant shall be responsible for obtaining the necessary signature approvals including those of appropriate local authorities and returning the agreement to the resident maintenance engineer appropriate district representative.

c. The department shall notify the applicant when it has approved or denied the agreement. No work shall be done within the primary highway right–of–way prior to this time until the department approves the agreement. Any work completed without the prior approval of the department is a violation of Iowa Code section 319.14.

761—112.6(306A) Drainage requirements. This rule establishes drainage requirements for all locations where access is requested to the primary highway system.

112.6(1) Entrances must be constructed so that they do not adversely affect primary highway drainage or drainage of the adjacent property. The drainage and the stability of the highway subgrade must not be impaired by driveway construction or roadside development. In no case may the construction Construction of an entrance shall not cause water to flow across the primary highway pavement or to pond on the shoulders or in the ditch, or result in erosion within the primary highway right–of–way limits.

112.6(2) Drainage collected by ditches, gutters or pipes on private property shall not be discharged into the primary highway drainage system unless expressly approved by the department. An applicant may be required to submit a drainage study to the department justifying that justifies the drainage system proposed and the pipe or sewer sizes to be used. The applicant shall not interfere with the natural course of drainage.

112.6(3) When the construction of an entrance necessitates crossing a highway ditch that has been constructed to carry drainage, a drainage structure shall be installed in the ditch by the applicant at the applicant’s expense. The low point of the ditch shall dictate the location for culvert placement unless otherwise specified by the department. Under no circumstances shall existing ditches or gutters be filled without adequate alternate provisions for drainage.

a. The resident maintenance engineer department’s engineering staff will assist in determining the size and length of culverts and aprons. A culvert shall be of adequate size to handle drainage, but in no case shall the culvert be less than 450 millimeters 18 inches in diameter. Culvert pipe shall comply with departmental standard specifications as they exist at the time of installation.

b. Length of culvert pipe shall be sufficient to accommodate the entrance slopes. The finished surface elevation of an entrance over a culvert pipe, or the location where a culvert would normally be placed, should be sloped away from the primary highway pavement, preferably an extension of the 4 percent shoulder slope, to prevent surface water from draining onto the highway pavement.

c. Drainage structures located within the primary highway right–of–way shall be maintained by the department except for concrete box culverts and bridges constructed by a permit holder under authority of an entrance permit. These structures shall be maintained by the permit holder.

112.6(4) Where drainage is carried along an existing curb, the entrance shall be constructed with a rise in elevation of 150 to 225 millimeters at least 6 inches from the street gutter at the entrance to a point 2 meters 6 feet behind the gutter to prevent runoff from spilling onto private property. The flow line of the gutter through the entrance shall be restored. Where a curb is cut for the construction of an entrance, the entire curb and gutter section must be removed. Removal of only the raised portion of the curb and then paving over the broken section shall not be allowed.

761—112.8(306A) Access to Priority V highways, rural areas. This rule establishes requirements for access to Priority V highways in rural areas.

112.8(1) General. Where access rights have not been acquired, access is limited to one entrance for contiguous highway frontage not exceeding 300 meters 1,000 feet, two entrances for contiguous highway frontage exceeding 300 meters 1,000 feet but not exceeding 600 meters 2,000 feet, and so on. Ownership on each side of the highway shall be considered as separate ownership. Except for the above–stated restrictions and those contained in subrules 112.8(2) and 112.8(3), no spacing distance restrictions shall be imposed. Additional entrances may be permitted when a single entrance will not provide adequate access due to topographic conditions.

112.8(2) Access requirements near public road intersections.

a. A property abutting a primary road and a local public road or another primary road may be granted access to the primary road at a distance preferably generally no less than 100 meters 300 feet from the intersection of the centerlines of the two roads.

b. At a “T” type intersection, access to the primary road may be located directly opposite the intersection.

c. Access shall not be permitted onto a local public road within the primary road right–of–way limits. The centerline of an access onto a local public road shall should be no closer than 50 meters 150 feet to the near edge of the primary highway traveled way.

112.8(3) Property lines. The centerline of an entrance to the primary roadway shall should be no closer than 16 meters 50 feet to the property line as extended to intersect the roadway centerline at a right angles angle. No portion of an entrance shall located within the right–of–way should extend beyond the property line as extended unless the adjacent property owner has joined in the permit. If an entrance does extend onto an adjoining property within the right–of–way, the applicant should contact that property owner to request the property owner’s concurrence or to suggest a joint entrance. An entrance to that will serve two properties abutting the primary road may be centered on the property line by mutual agreement between the property owners.

761—112.9(306A) Access to Priority V highways, fringe or built–up areas, and Priority VI highways, all areas. This rule establishes requirements for access to Priority V highways in fringe or built–up areas, and access to Priority VI highways in rural, fringe, or built–up areas.

112.9(1) General. Property frontage may be granted access where needed to the primary road, provided safety and construction standards are satisfactory. In a rural area, a minimum distance of 10 meters 30 feet between toes of slopes along the centerline of the ditch shall be maintained. In a fringe or built–up area, there shall be a minimum of 5 meters 15 feet of curb maintained between near edges of curb drops when more than one access is allowed to a single highway frontage. If the property is within corporate limits, city requirements apply if they are more restrictive.

112.9(2) Access requirements near public road intersections.

a. Rural area. Same as subrule 112.8(2).

b. Fringe or built–up area.

(1) The beginning of the curb drop for an entrance to a primary highway shall be no closer than 5 meters 15 feet to an intersecting street’s curb tangent point. No portion of the entrance along the primary highway shall should extend beyond the property line as extended or into a crosswalk.

(2) The beginning of the curb drop for an entrance to a street should be no closer than 5 meters 15 feet to an intersecting primary highway’s curb tangent point. No portion of the entrance along the intersecting street shall should extend beyond the property line as extended or into a crosswalk.

(3) If an intersection does not have an existing or a planned curb and gutter to define the radius, the following assumptions shall be applied to the above requirements for determining the location of an entrance:

Minimum width of the traveled way of the primary highway is assumed to be 16 meters 53 feet back to back of curbs.

However, if the platted width of the primary highway right–of–way is less than 20 meters 66 feet, the width of the traveled way is assumed to be 75 percent of the platted width.

Minimum width of the traveled way of an intersecting local public road or street is assumed to be 9.4 meters 31 feet back to back of curbs.

112.9(3) Channelized intersection or divided highway. When there is a median in a primary road or intersecting street, or both, the curb drop for an entrance to the primary road or intersecting street shall be determined as stated in subrule 112.9(2), except that at the beginning or end of the median, or at a median break, the nearest edge of the curb drop for the entrance shall be no closer than 6 meters 20 feet to the end of the median as measured at a right angles angle to the median. This does not apply to access centered on a median break.

112.9(4) Median crossovers openings.

a. to c. No change.

d. The minimum width of a new median crossover is 12 meters 40 feet. In a rural–designed area, the width of a median crossover shall be measured at the normal culvert line. In an urban–designed area, the width of a median crossover shall be measured parallel to the highway centerline between the curbed noses of the median.

e. No change.

112.9(5) Property lines.

a. Rural area. Same as subrule 112.8(3).

b. Fringe or built–up area. The beginning of an entrance radius return or taper flare shall be no closer than 0.3 meter 1 foot to the property line as extended on an interior lot line to intersect the primary road centerline at a right angles angle. An entrance to serve two properties abutting the primary road may be centered on the property line by mutual agreement between the property owners.

761—112.10 Reserved.

112.11(1) and 112.11(2) No change.

112.11(3) Access rights at at–grade intersections with city streets and secondary roads. When access rights to a primary highway are acquired, the department may also acquire access rights along a city street or secondary road where an at–grade intersection with the highway exists or is proposed. Access rights may be acquired along the city street or sec–ondary road for a distance of 50 meters 150 feet from the near edge of the primary highway traveled way.

112.11(4) Access rights at at–grade primary intersections.

a. When access rights to a primary highway in a rural area are acquired, access rights may also be acquired along an intersecting at–grade primary highway for a minimum distance from the intersection of the centerlines of the two primary highways as follows:

(1) 50 meters 150 feet when the intersecting primary highway carries less than 2,500 vehicles per day.

(2) 100 meters 300 feet when the intersecting primary highway carries 2,500 or more vehicles per day.

b. If the intersection is channelized, access rights shall be acquired and no access shall be permitted along the channelized primary highway for a minimum distance of 30 meters 100 feet beyond the beginning or end of the median. For the purpose of access control, the beginning or end of a median is the point where the distance between the edges of the opposing traveled lanes is 4 feet.

112.11(8) 112.11(6) Agreement with city or county. When access rights are acquired along a city street or sec–ondary road, the department shall negotiate an agreement shall be negotiated with the city or county stating which states that access rights shall be acquired by the department in the state’s name or in the name of the city or county and that the city or county shall not permit any third party to use the controlled portion of the street or road without the prior written consent of the maintenance division department.

112.12(1) General. At the time access rights are acquired, existing entrances shall be removed or relocated to connect to predetermined access locations. These locations shall thereafter be defined as the adjacent properties’ access locations.

a. The department shall be is responsible for the construction of entrances at predetermined access locations, either as a part of the project or at a future date when requested by the property owners. Entrances not constructed as a part of the project will be designated on the construction plans as predetermined access locations that are reserved for the property.

b. Any alteration or relocation of an access location shall require requires the written approval of the department, and the property owner shall be is responsible for all costs incurred. See subrule 112.12(5), revision of access.

112.12(3) Spacing. Spacing between predetermined access locations shall conform to the following requirements:

a. Priority I highway. Access is allowed only at interchange locations.

b. Priority II highway. 1600 meters One mile is desirable. 800 meters One–half mile is the minimum.

c. Priority III highway.

(1) Rural–designed area. 400 meters One–quarter mile is desirable. 300 meters 1,000 feet is the minimum.

d. Priority IV highway.

(1) Rural–designed area. 200 meters Priority IV(a). 600 feet is the minimum.

(2) Urban–designed area. 100 meters Priority IV(b). 300 feet is the minimum.

112.12(5) Revision of access. After an entrance has been constructed at a predetermined access location, no change in entrance type or location may be made unless a revision of access has been approved by the department. The property owner is responsible for the cost of altering or relocating the entrance.

a. A request for revision of access shall be submitted by the property owner to the resident maintenance engineer appropriate district representative upon the appropriate prescribed application form furnished by the department.

b. The application shall be approved or denied by the maintenance division. If it is denied, the applicant may request further review by resubmitting the application along with background information and an explanation of the need for access to the director of transportation department’s access policy administrator.

112.13(1) No change.

112.13(2) Application.

a. A request for the establishment of a special access connection shall be submitted by the property owner to the resident maintenance engineer appropriate district representative upon the appropriate prescribed application form furnished by the department.

b. The application shall be approved or denied by the maintenance division. If it is denied, the applicant may request further review by resubmitting the application along with background information and an explanation of the need for access to the director of transportation department’s access policy administrator.

112.13(3) Requirements.

a. Whenever possible, a special access connection should be established as a joint access location to serve more than one property ownership.

b. A special access connection is a special permit for access and is not a permanent right of access to the highway.

c. The property owner shall be is responsible for all costs incurred for the construction of the approved connection, including any required drainage structure.

d. A special access connection shall be recorded by the department in the county recorder’s office and will be a restriction placed upon the property. All provisions of the special access connection shall be binding on successors or assigns of the applicant property owner.

e. Special access connections shall be constructed in compliance with rules 112.4(306A), 112.5(306A) and 112.6(306A).

f. Spacing for special access connections shall conform to subrule 112.12(3) and shall be maintained on both sides of the highway.

761—112.14(306A) Recreational trail connections. This rule establishes requirements for access to the primary road system from recreational trails.

112.14(1) No change.

112.14(2) Application.

a. to c. No change.

d. The applicant may contact the resident maintenance engineer appropriate district representative for assistance in preparing the application.

112.14(3) Requirements.

a. No change.

b. Sight distance. Sight distance for a recreational trail connection shall conform to the desirable sight distance as listed in subrule 112.2(28) rule 112.2(306A).

c. and d. No change.

e. Slope and cross section. The slope and cross section of a recreational trail connection shall conform to subrule 112.4(9) 112.4(10).

f. and g. No change.

h. Maintenance. Maintenance responsibilities shall conform to subrule 112.4(4) 112.3(4).

These rules are intended to implement Iowa Code sections 306.19, 306A.1 to 306A.8, and 319.14.

Pursuant to the authority of Iowa Code sections 307.10, 307.12 and 321.252, the Department of Transportation hereby gives Notice of Intended Action to amend Chapter 130, “Signing Manual,” Chapter 131, “Signing on Primary Roads,” Chapter 140, “Traffic Signals, School Signals and Beacons on Primary Roads,” Chapter 142, “Speed Zoning on Primary Highways,” and Chapter 164, “Traffic Safety Improvement Program,” Iowa Administrative Code.

Chapter 130 currently adopts the 1988 edition of the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD) prepared by the National Committee on Uniform Traffic Control Devices and published by the U.S. Department of Transportation, Federal Highway Administration (FHWA), as the manual and specifications for a uniform system of traffic control devices for use on the highways of this state.

This rule–making action replaces the adoption of the 1988 edition of the MUTCD with the Millennium Edition Errata Number 1 and revision changes number 1 dated December 28, 2001. The 2000 edition is proposed for adoption with the exception of the section that prohibits the use of portable or part–time stop signs. The exception would allow the use of a portable stop sign for school crossings.

The MUTCD is published by the FHWA under 23 Code of Federal Regulations (CFR), Part 655, Subpart F. Although the MUTCD is routinely updated to include amendments that clarify new standards and incorporate technical advances, it has been more than 20 years since the manual was entirely rewritten, and the most recent edition was published in 1988. In 1992, the FHWA announced the initiative to perform a major rewrite and reformat the MUTCD.

The FHWA worked closely with its public and private sector partners in this rewrite effort. The National Committee on Uniform Traffic Control Devices (NCUTCD) took the lead in the effort to rewrite and reformat the manual. The NCUTCD is a national organization of individuals from the American Association of State Highway and Transportation Officials (AASHTO), the National Association of County Engineers (NACE), the American Public Works Association (APWA), the Institute of Transportation Engineers (ITE), and other organizations that have extensive experience in the installation and maintenance of traffic control devices. The FHWA reviewed and incorporated most of the NCUTCD’s proposals for revising the MUTCD in several Federal Register notices of proposed amendments. The Federal Register process provided the opportunity for the public to review and make comment on the changes to the MUTCD.

The MUTCD Millennium Edition was reformatted to improve the overall organization and discussion of the MUTCD content. This is important because the MUTCD audience encompasses more than the highway community. For example, it includes the insurance industry, law enforcement agencies, academic institutions, private industry, and construction and engineering concerns.

The following is a summary of the significant additions and changes to the MUTCD:

A standard statement was added indicating that any traffic control device or application provision contained in the MUTCD shall be considered in the public domain.

The FHWA will not include copyrighted or patented devices in the MUTCD with the exception of the Interstate Shield, a copyrighted device developed by AASHTO.

Optional text has been added to allow state and local highway agencies to develop word message signs to notify road users of special regulations.

The FHWA added a reference, 23 CFR 655, Subpart F in Section 1A.07, which states that the MUTCD is recognized as the national standard for traffic control devices on all streets, highways, and bicycle paths open to public travel. When a state or other federal agency’s MUTCD or supplement is used, it shall be in substantial conformance with the national MUTCD.

Language was added to Section 1A.08 requiring all traffic control devices and any other signs or messages within the street or highway right–of–way to be placed only as authorized by a public authority or official having jurisdiction for the street or highway.

Language has also been added to indicate that any unauthorized traffic control device or any nonessential sign or message placed within the highway right–of–way should be removed.

Text has been added to Section 1A.10 that prohibits the design, application, and placement of traffic control devices other than those adopted in the MUTCD, unless the process for experimentation, interpretation, or change is followed.

Language is added to the guidance indicating that any request for permission to experiment with a new traffic control device should contain a legally binding statement certifying that the traffic control device is not protected by a patent or copyright. Patented or copyrighted devices are not permitted in the MUTCD, except for the Interstate Shield.

The FHWA changed this section of the MUTCD so that the design and application standards for all signs, not just for guide signs as previously stated in the 1988 MUTCD, will depend on the highway classification.

The FHWA added “Special Purpose Road” to the list of highway classification types. Special purpose roads are low–volume, low–speed roads serving recreational areas, resource development activities, or providing local access to properties.

The FHWA extended the general requirements of sign ret– roreflectivity or illumination to all signs, not just regulatory and warning signs. The FHWA believes this will improve safety and visibility during adverse ambient conditions. Once FHWA has developed minimum retroreflectivity levels, this information will be included as a guidance in the proposed new Section 2A.09.

The FHWA included a statement that the color coordinates and values shall conform to those shown in the color specifications described in the “Standard Highway Signs” book. The FHWA believes that including this statement will help promote uniformity of colors when traffic control signs are designed and installed.

A section was added on word message signs. Word messages should be as brief as possible and the lettering should be large enough to provide the necessary legibility distance. A specific ratio, such as 25 mm (1 in) of letter height per12 m (40 ft) of legibility distance should be used. The FHWA believes this will improve safety and visibility for all road users, especially for older road users whose vision may be diminished.

The FHWA requires that both roadside–mounted and overhead sign supports within the clear zone be breakaway or shielded for the safety of the road user, particularly in the case of run–off–road incidents.

In Section 2B.04, paragraph 2, the FHWA included a standard to require the use of the “4–WAY” supplemental plaque (R1–3) at intersections where all approaches are controlled by “STOP” signs. In the 1988 MUTCD, this was a recommended practice. However, the FHWA believes that due to the increased aggressive driving behavior, disregard of “STOP” signs, and the hazardous nature of these types of intersections, the required use of the “4–WAY” supplemental plaque will provide additional emphasis and motorist information at these locations.

In Section 2B.05, paragraph 7, the FHWA included options for consideration when deciding on which street to install a “STOP” sign in situations where two streets have relatively equal volumes or characteristics.

In Section 2B.07, paragraph 2, the FHWA added guidance to recommend that the decision to install multiway “STOP” signs should be based on an engineering study.

In Section 2B.07, paragraph 3, item 3a, the FHWA changed the minimum vehicle volume criteria from 500 vehicles per hour for any eight hours of an average day to 300 vehicles per hour. This proposed change allows more consideration and flexibility, and allows more intersections to qualify for multiway “STOP” sign installations.

In Section 2B.07, the FHWA provided a means for combining the data on the accident experience and volume counts when considering the installation of multiway “STOP” signs.

To reduce the potential for motorist information overload, the FHWA added a statement to require that three be the maximum number of speed limits displayed on any one “SPEED LIMIT” sign or assembly.

The FHWA added a statement that the turn prohibition signs (R3–1 to R3–4) should be installed adjacent to a signal face instead of allowing this as an option. This statement was changed to a guidance condition because it enhances the sign’s visibility and improves the road user’s ability to see the sign placed in this overhead position.

A new section, “Reversible Lane Control Signs,” was added to the manual.

The use of “ONE WAY” signs (R6–1 and R6–2) at all alleys and roadways was changed to a “shall” condition from a “should” statement. “ONE WAY” signs shall be placed parallel to the one–way street at all alleys and roadways that intersect one–way streets. The FHWA believes that requiring the placement of the “ONE WAY” signs parallel to the one–way street at all alleys or roadway intersections to one–way streets will: (1) give motorists clearer directions, and (2) make traffic operations safer by reducing the chance of road users inadvertently making wrong–way movements.

A section was added to allow the use of Divided Highway Crossing signs at an intersection. These signs may be located on the near right–hand corner of the intersection and may be mounted beneath a “STOP” or “YIELD” sign or on a separate support.

A new Section 2B.48 was added that includes provisions for the design and operation of high–occupancy vehicle lanes.

In Table 2C–2, the FHWA increased the minimum size for the Merge sign (W4–1), the “NARROW BRIDGE” sign (W5–2), the Two–Way Traffic symbol sign (W6–3), andthe Double Arrow sign (W12–1) to 30 inches instead of24 inches. This change will make the minimum size consistent with the other signs in this series and will improve sign visibility for road users.

In Section 2C.07, the FHWA added a new discussion on the use of a combination Horizontal Alignment/Advisory Speed sign (W1–9). When used, this new sign would be required to supplement the advance warning Turn and Curve signs.

In Section 2C.08, paragraph 1, the FHWA added a new sign and a new section to the MUTCD that allows the Turn and Curve signs to be combined with the Cross Road and Side Road signs. This would in effect create one warning sign which may be used to depict roadway conditions where intersections occur within a turn or curve.

In Section 2C.13, the FHWA added an option of using the Advisory Speed (W13–1) plaque with the “ROAD NARROWS” sign to indicate the recommended speed for situations where the road abruptly narrows to a width that may require road users to reduce their speed.

In an effort to promote uniformity and discourage a proliferation of states using a variety of signs for speed humps, the FHWA adopted the “SPEED HUMP” word message sign.

In Section 2C.23, the Advisory Speed plaque may be used to supplement the “PAVEMENT ENDS” (W8–3) word message sign. The Advisory Speed plaque may be used when the change in roadway condition requires road users to reduce their speed.

The FHWA deleted the use of the Pavement Ends symbol sign based on studies showing that road users do not comprehend the symbol’s message.

To rectify confusion and discrepancies, language is added to describe the application of the “SOFT SHOULDER” (W8–4) sign, the “LOW SHOULDER” (W8–9) sign, the “SHOULDER DROP OFF” (W8–9a) sign, and the “UNEVEN LANES” (W8–11) sign. The symbols for these signs have created confusion and misunderstanding. Therefore, the symbols are deleted in lieu of the word messages.

Based on comments received, the FHWA added the option to install a supplemental Advance Street Name plaque above or below any of the Advance Traffic Control signs. This change gives states more flexibility.

In Section 2C.27, the FHWA included an option for traffic engineers to install a new “CROSS TRAFFIC DOES NOT STOP” plaque (W4–4P) to warn road users that they are at a two–way stop–controlled intersection.

In Section 2C.33, the FHWA included a new Curve Speed sign which may be used beyond the beginning of a curve following a Horizontal Alignment and Advisory Speed sign combination where the recommended speed changes because of a change in curvature, or when there is a need to remind users of the recommended speed.

In Section 2C.34, the FHWA included a new Circular Intersection (W2–6) symbol sign. With the advent of traffic calming practices in residential communities, the FHWA believes it is important to take advantage of this opportunity to include a sign in the MUTCD for circular intersections. An educational word message plaque should accompany this symbol sign.

The FHWA added a new Section 2C.36 entitled, “Motorized Traffic Signs.” These signs are vehicle–related signs and may be used to alert road users of unexpected entries into the roadway by trucks, farm vehicles, emergency vehicles, and other vehicles.

The FHWA included a new “EMERGENCY SIGNAL AHEAD” (W11–12P) warning sign for use with the Emergency Vehicle (W11–8) warning sign. Based on comments, this section has also been revised to include an option to use other word messages to indicate the type of emergency vehicle station ahead (such as rescue squad, etc.) in situations when no emergency–vehicle traffic control signal is present.

A new application for Advance Crossing and Crossing signs is added. These two signs are identical in design. In the past, the Crossing signs were distinguished from Advance Crossing signs by the use of crosswalk lines on the sign. However, people rarely noticed the difference. The FHWA deleted the crosswalk lines and one sign is used for both the advance and the crossing location.

The Crossing sign, when used to provide advance notice to road users, is supplemented with the legend “AHEAD” or with an appropriate distance plaque. The Crossing sign shall be used adjacent to identified crossing locations. The Crossing sign must be supplemented with a diagonal downward pointing arrow if the crossing location does not have pavement markings. If the crossing location does have crosswalk pavement markings, the diagonal downward pointing arrow plaque is not required.

Route systems shall be given preference in this order: interstate, United States, state, and county. The preference is given by installing the highest priority legend on the top or left of the sign panel.

The Off–Interstate Business Route sign may be used on a major highway that is not a part of the interstate system, but one that serves the business area of a city from an interchange on the system. When used on a green guide sign, a white panel may be placed behind the shield to improve contrast.

Frequent use of street names as the principal message in guide signs has been added as a special sign treatment to improve travel on urban freeways and expressways. This information provides added guidance to road users.

Guidance on where memorial names should not be used is expanded to cover not just interstate routes but to cover any freeway and expressway route.

The wording is changed to clarify that no more than two destination names or street names should be shown on any Advance Guide sign or Exit Direction sign. This language is more specific than that in the 1988 MUTCD.

Symbol designs shall be essentially like those in the MUTCD. The FHWA changed this from a guidance to a standard. It is important that road users understand symbol messages. Symbol signs are not adopted without research and evaluation studies to determine motorist recognition and comprehension.

Based on successful experimentation conducted using the “ATTRACTION” sign, this new category is added to the Specific Service signs. In addition to the existing four service categories (“GAS,” “FOOD,” “LODGING,” and “CAMPING”), now “ATTRACTION” signs are included.

An option statement was added to Section 2F.03. A portion at the bottom of a “GAS” logo panel may be used to display the legends for alternative fuels available at the facility (see Section 2E.51) . A portion at the bottom of a “FOOD” logo panel may be used to display a day of the week when the facility is closed.

No more than three types of services shall be represented on any sign or sign assembly. If three types of services are shown on the same sign, then the logo panels shall be limited to two for each service (for a total of six logo panels).

Since service signs may be combined on one sign, the FHWA deleted the requirement for separate signs for each service category. The FHWA deleted the urban vs. rural distinction. The same provisions apply in both cases.

Each Specific Service sign or sign assembly shall be limited to no more than six logo panels. There shall be no more than four logo panels for one of the two service types on the same sign or sign assembly.

All letters and numerals on Specific Service signs, except on the logo panels, shall be a minimum height of 10 inches for signs on freeways and expressways, and 6 inches for signs on conventional roads and ramps.

Specific Service ramp signs should be spaced at least 100 feet from the exit gore sign, from each other, and from the ramp terminal.

In Section 2G.02, standard, the FHWA added language specifying that “The content of the legend on each panel shall be limited to the business identification and directional information for not more than one eligible business, service, or activity facility.”

Section 2G.03, guidance, specifies 6–inch height for letters and numbers. Using smaller letters on less important rural roads is not helpful to the unfamiliar road user.

In Section 2G.04, guidance, the FHWA states that “The number of panels installed on each sign should not exceed four.”

In Section 2G.04, paragraph 2, the FHWA included the guidance to allow the installation of a maximum of three intersection approach signs.

No significant changes were made in this section.

The FHWA adopted the new title, “Emergency Management Signing” and deleted reference to civil defense. The more prevalent concerns today are from emergency traffic management situations that may occur with natural disasters and chemical warfare threats.

In Section 2I.03, “EVACUATION ROUTE” sign (EM–1), the civil defense symbol is deleted and replaced by the word message “EVACUATION ROUTE.”

The 1988 MUTCD referred to the “AREA CLOSED” signs to close a roadway entering a dangerous radiological or biological contamination area. In the 2000 MUTCD the “AREA CLOSED” sign is not limited to these areas but can be used for other types of emergencies such as natural disasters.

The following changes were made to the Millennium Edition to incorporate the changes from the 1988 MUTCD in the centerline and edge line.

Centerline and edge lines shall be placed on all paved urban arterials and collectors that have a roadway of 20 feet or more in width with an average daily traffic of 6,000 vehicles per day or greater. Centerline markings shall also be placed on the paved two–way streets and highways that have three or more traffic lanes.

Centerline and edge line markings should be placed on paved urban arterials and collectors that have a traveled width of 20 feet or more and an average daily traffic of 4,000 vehicles per day or greater. Centerline and edge line markings should also be placed on all rural arterials and collectors that have a traveled way width of 5.5 m (18 ft) or more with an average daily traffic of 3,000 vehicles per day or greater.

An engineering study should be used in determining whether to place centerline markings on a traveled way less than 4.8 m (16 ft) wide due to traffic encroaching on the pavement edges, traffic being affected by parked vehicles, and traffic encroachment into the lane of opposing traffic where edge line markings are used.

Edge line markings may be placed on streets and highways that do not have centerline markings.

Edge line markings may be excluded, based on engineering judgment, for reasons such as if the traveled way edges are delineated by curbs, parking, bicycle lanes, or other markings.

No–passing zone markings shall be used on approaches to highway–rail grade crossings and at other locations where the prohibition of passing is appropriate.

Yield lines were added to the MUTCD. Yield lines consist of a row of isosceles triangles extending across approach lanes, and pointing toward approaching vehicles to indicate the point at which the yield is intended or required to be made. Yield lines may be used where it is important to indicate the point behind which vehicles are required to yield in compliance with a “YIELD” sign.

Where crossroad channelization or ramp geometrics do not make wrong–way movements difficult, a lane–use arrow should be placed in each lane of an exit ramp near the crossroad terminal where it will be clearly visible to a potential wrong–way road user.

Where a preferential lane use is established, the preferential lane shall be marked with one of the following symbols or word markings for the preferential lane use specified:

HOV lane – The preferential lane use marking for high–occupancy vehicle lanes shall consist of white lines formed in a diamond shape. The diamond shall be at least 0.75 m (2.5 ft) wide and 3.7 M (12 ft) in length. The lines shall be at least 150 mm (6 in) in width.

Bicycle lane – The preferential lane use marking for a bicycle lane shall consist of a bicycle symbol or the word marking “BIKE LANE” (see Chapter 9C and Figures 9C–1 and 9C–3 through 9C–6).

Bus only lane – The preferential lane use marking for a bus only lane shall consist of the word marking “BUS ONLY.”

Taxi only lane – The preferential lane use marking for a taxi only lane shall consist of the word marking “TAXI ONLY.”

New pavement markings were added for use on roundabouts and in advance of speed humps.

Single delineators shall be provided on the right side of expressways and freeways and on at least one side of interchange ramps, except in the following cases:

1. On tangent sections of expressways and freeways when all of the following conditions are met:

• Raised pavement markers are continuously used.

• Where whole routes or substantial portions of routes have large sections of tangent alignment.

• Roadside delineators are used to lead into all curves.

2. On sections of roadways where continuous lighting is in operation between interchanges.

A new section, “Alternatives to Traffic Control Signals,” was added to the MUTCD to provide guidance that consideration be given to providing alternatives to traffic control signals even if one or more of the signal warrants have been satisfied. Under the category of option, a list of alternatives is provided.

To assist in reducing traffic congestion, the FHWA added a new guidance statement to Section 4C.06 which states, “If installed within a signal system, the traffic control signal should be coordinated.”

A guidance statement was added: “Safety considerations should include the installation, where appropriate, of accessible pedestrian signals (see Sections 4E.06 and 4E.08) that provide information in non–visual format (such as audible tones, verbal messages, and/or vibrating surfaces).”

Standard language was added to Section 4D.04 to allow turns on Circular Red and to provide an exception to prohibiting turns on Red Arrow.

The FHWA added a paragraph to encourage that special consideration for older drivers be made in the design of left–turn phasing.

The following support statement was added to the manual: “The use of backplates enhances the contrast between the traffic signals and their surroundings for both daytime and nighttime conditions, which is helpful to elderly drivers.”

A new section was added on accessible pedestrian signals. In this new section, standards are given on the activation of the accessible pedestrian signals and on locator tones. Guidance is given on the location of push buttons, on tactile arrows, on locator tones, and on median–mounted detectors. Options are given on activation at pretimed signals, on sound level of audible signals, and on street names.

An option statement was added to use passive pedestrian detection equipment, which can detect pedestrians who need more time to complete their crossing and can extend the length of the pedestrian clearance time.

A standard statement was added to install an “EMERGENCY SIGNAL” (R10–13) sign adjacent to a signal face on each major street approach. If an overhead signal face is provided, the “EMERGENCY SIGNAL” sign shall be mounted adjacent to the overhead signal face.

New Sections 4L.01 and 4L.02 provide standards, guidance, options and support for the design and operation of In–Roadway Lights installations. The standards, among other things, would provide for: (1) installation at only uncontrolled, marked crosswalks, with applicable warning signs; (2) the installation of In–Roadway Lights parallel to the edge of the crosswalk; (3) the operation to be initiated based on pedestrian actuation (active or passive); (4) the operation to cease at a predetermined time after the actuation or with passive detection when the pedestrian clears the crosswalk; and (5) the height of the In–Roadway Lights not to exceed a height of 20 mm (3/4 in).

Part 5 is new to the MUTCD.

Part 5 provides standards and guidance for traffic control devices that are unique to or most applicable to low–volume roadways. Low–volume facilities typically include farm–to–market, recreational, resource management and local service roads.

Part 5 has been designed to reference other applicable sections of the MUTCD relative to standards and guidance for traffic control devices that are appropriate for low–volume roads but are also applicable to higher class facilities.

In Section 5A.1, the FHWA recommends that low–volume roads be defined as those facilities that lie outside built–up areas of cities, towns and communities and have a traffic volume of less than 400 vehicles per day average annual daily traffic.

In Section 6C.01, the sixth and seventh guidance paragraphs, the following was added: “Reduced speed limits should be used only in the specific portion of the temporary traffic control zone where conditions or restrictive features are present. However, frequent changes in the speed limit should be avoided. A temporary traffic control plan should be designed so vehicles can safely travel through the temporary traffic control zone with a speed limit reduction of no more than 10 mph.”

“Temporary traffic control zone,” “work zone” and “incident area” are defined:

“A temporary traffic control zone is an area of a highway where road user conditions are changed because of a work zone or an incident through the use of temporary traffic control devices, police, or other authorized officials.”

“A work zone is an area of a highway with construction, maintenance, or utility work activities. A work zone is typically marked by signs, channelizing devices, barriers, pavement markings, and/or work vehicles. It extends from the first warning sign or rotating/strobe lights on a vehicle to the END ROAD WORK sign or the last temporary traffic control device.”

“An incident area is an area of a highway where temporary traffic controls are imposed by authorized officials in response to a road user incident, natural disaster, or special event.”

In Section 6F descriptions of the following signs were added: “STAY IN LANE,” “PEDESTRIAN CROSSWALK,” “SIDEWALK CLOSED (AHEAD) CROSS HERE,” “RIGHT TWO LANES CLOSED 0.8 KILOMETERS (1/2 MILE),” “CENTER LANE CLOSED AHEAD,” “THRU TRAFFIC MERGE RIGHT (LEFT),” “EXIT OPEN,” “ON RAMP,” “RAMP NARROWS SLOW TRAFFIC AHEAD,” “SHOULDER WORK,” “RIGHT SHOULDER CLOSED,” “UTILITY WORK AHEAD,” Lane Reduction and “EXIT CLOSED.”

In Section 6F.03, the second guidance paragraph, the following was added: “Neither portable nor permanent sign supports should be located on sidewalks, bicycle lanes, or areas designated for pedestrian or bicycle traffic.”

In Section 6F.09, the second guidance paragraph, the following was added: “In rural applications, the “LOCAL TRAFFIC ONLY” sign shall have the legend “ROAD CLOSED XX (MILES) AHEAD, LOCAL TRAFFIC ONLY” (R11–3a).”

In Section 6F.53, the first support paragraph, the FHWA added a guidance paragraph for locating and providing protection for arrow panels. In Section 6F.53, the second guidance paragraph reads:

“An arrow panel should be placed on the shoulder of the roadway or, if practical, further from the traveled lane. It should be delineated with retroreflective temporary traffic control devices, or when within the clear zone, shielded with a barrier or crash cushion. When an arrow panel is not being used, it should be removed; if not removed, it should be shielded; or if the previous two options are not feasible, it should be delineated with retroreflective temporary traffic control devices.”

In Section 6G.02, the third standard paragraph was added as follows: “Since intermediate–term operations extend into nighttime, retroreflective and/or illuminated devices shall be used in intermediate–term stationary temporary traffic control zones.”

In Section 6H.01, new notes were added to Typical Applications (TA–10, TA–30 & TA–39) and a new Figure TA–46 was added to provide additional information concerning work zone treatments near highway–rail grade crossings.

In Section 6H.01, a note for Figure 6H–12(TA–12) was added as follows: “Stop lines shall be installed with temporary traffic control signals.” A note for Figure 6H–14(TA–14) was added as follows: “Stop lines shall be used on existing highway with temporary traffic control signals.”

In Section 6H.01, a note was added for Figure 6H–17(TA–17) as follows: “Shadow and work vehicles shall display rotating lights or strobe lights.”

In Section 6H.01, a note was added to Figure 6H–24(TA–24) as follows: “When turn prohibitions are implemented, two turn prohibition signs should be used, one on the near side and, space permitting, one on the far side of the intersection.”

In Section 6H.01, a note was added for Figure 6H–30(TA–30) as follows: “Where speed or volume is higher, additional signing such as LEFT LANE CLOSED XX M (FT) should be used between the signs shown.”

In Section 6H.01, the following note for Figures 6H–41(TA–41) and 6H–42(TA–42) was added: “A temporary EXIT sign shall be located in the temporary gore. For better visibility, it shall be mounted a minimum of 2.1 m (7 ft) from the pavement surface to the bottom of the sign.”

Optional text has been added that defines where the “minimum” size signs are used. Text is also added to address “special” size signs. The text reads: “The special sign size may be used for applications that require increased emphasis, improved recognition, or increased legibility. The minimum sign size may be used on local residential streets, in urban areas, and where there are low traffic volumes and low vehicle speeds, as determined by engineering judgment.”

A new Section 7B.07 is added to address the optional use of the color fluorescent yellow green for school warning signs.

The text in Section 7B.08 and Section 7B.09 was modified to be consistent with Section 2C.36. Section 2C.36 discusses a new application for Advance Crossing and Crossing signs.

The text in Section 7E.04 addresses the need for adult guards and student patrols to wear high visibility retroreflective material or clothing similar to that set forth in Section 6E.02. This guidance was changed to include police officers.

Retroreflective material shall be on the back of crossbucks, except when mounted back–to–back and on each support.

Advance warning signs are not required: (1) on highways with less than 100 feet between the crossing and a highway intersection, and (2) where physical conditions prevent effective display.

When a “STOP” or “YIELD” sign is used at passive crossings with two or more trains per day, Stop Ahead and Yield Ahead warning signs shall be installed.

A new section was added providing guidance that emergency notification signs should be posted at all highway–rail grade crossings.

Several new signs were added for rail crossings. A sign was added for use on Class 5 or higher railroad tracks where trains may exceed 80 mph. Signs shall be installed at the crossings that have the Federal Railroad Administration’s authorization for trains to not sound a horn. A warning sign was added for use at crossings not equipped with automated signals. A regulatory sign was added for use at passive crossings directing road users to look for trains.

Flashing–light signals shall be placed to the right of approaching highway traffic on all highway approaches to a crossing. This was a change from a “should” condition to a “shall” condition.

The approach lane gate arms shall be designed to fail safe in the down position.

A new section was added to provide standards, guidance, and options for four quadrant gate systems.

The statement that sign sizes for shared use paths should be those shown in Table 9B–1 is changed from a guidance to a standard since sign sizes are considered a standard in other parts of the MUTCD.

Two new signs and appropriate text have been added to Section 9B.04. Optional text addresses the use of the R3–16a and R3–17a bicycle lane signs. The R3–16a sign may be used to notify bicyclists that the bicycle lane is ending. The R3–17a sign may be used to notify bicyclists that may encounter parked vehicles where parking is allowed.

Text has been added to the standard that requires signs to be used with preferential lane symbols. Use of pavement markings only would not alert drivers to the presence of the lane to the same extent as markings and signs together would, especially in inclement weather conditions.

The standard concerning bicycle lane symbols in Section 9C.04 was changed to include the maximum distance between markings. The sentence reads: “If used, the bicycle lane symbol shall be placed immediately after but not closer than 20 m (65 ft) from the crossroad, or other locations as needed.”

The FHWA added a new part to the MUTCD entitled, “Part 10 – Traffic Controls for Highway–Light Rail Transit Grade Crossings.”

Part 10 provides standards and guidance for the design, installation, and operation of traffic control devices at grade crossings of highway traffic and light rail transit vehicles to facilitate the safe, orderly, and integrated movement of all traffic.

This is an entirely new section to the manual. There was no Part 10 in the 1988 MUTCD.

The MUTCD may be reviewed at the following Internet address: http://mutcd.fhwa.dot.gov.

The MUTCD requirements for replacement of signs or other traffic control devices allows for a four– to ten–year phase in. This allows the state, cities and counties to replace the signs and devices as they wear out with new compliant signs and devices.

The following is a summary of the changes to Chapters 130, 131, 140, 142 and 164:

Iowa Code section 321.252 requires the Department to adopt a manual and specifications for a uniform system of traffic control devices to be used on the highways in the state. Item 1 adopts the “Manual of Traffic Control Devices (MUTCD), 2000 Millennium Edition with Revision No. 1 changes dated December 28, 2001.”

Iowa Code section 321.249 requires that all traffic control devices provided for school zones conform to specifications included in the MUTCD adopted by the Department, except the provision prohibiting the use of portable or part–time stop signs. Item 2 includes this exception in the text of the rule for clarity and compliance with Iowa Code section 321.249. Item 2 also adds an Internet address for reference to the MUTCD.

Item 3 amends the implementation clause for Chapter 130.

Item 4 clarifies which airports qualify for destination signing.

Items 5 and 6 correct office names in Chapter 131.

Item 7 clarifies that the criteria for signing a junior college, college, university or area community college are based on enrollment at the school campus to be signed and allow for the signing of K–12 educational facilities.

Item 8 allows flexibility on the number of camping slots required to qualify for camping service signs on interstate highways.

Item 9 corrects a reference to the Iowa State Patrol.

Item 10 corrects a reference to the Iowa State Patrol, allows a sheriff to request a “NO PARKING” sign and corrects an office name.

Item 11 corrects a reference to the MUTCD.

Items 12 and 13 correct references to a section in the MUTCD.

Item 14 changes the title of Chapter 140.

Item 15 removes reference to school signals because they are covered in the MUTCD under traffic signals, corrects references to the MUTCD and adds a contact office in Chapter 140.

Item 16 clarifies the purpose of the rule, corrects an office name and adds a contact office in Chapter 142.

Item 17 corrects an office name.

Item 18 corrects references to the Commission.

Item 19 removes excess wording, corrects office names, and changes the application deadline in order to improve the timing of program and project approvals for design and construction projects in Chapter 164.

Item 20 reflects the current procedure used to program traffic safety funds.

Item 21 rescinds subrule 164.10(3). The Department does not audit force work performed by cities and counties under this program.

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

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

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

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

3. Indicate the general content of a requested oral presentation.

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

5. Be received by the Director’s Staff Division no later than August 27, 2002.

A meeting to hear requested oral presentations is scheduled for Thursday, August 29, 2002, at 10 a.m. in the Small Materials Conference Room of the Department of Transportation, 800 Lincoln Way, Ames, Iowa.

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

These amendments are intended to implement Iowa Code chapters 312 and 321.

Proposed rule–making actions:

ITEM 1. Amend rule 761—130.1(321), introductory paragraph, as follows:

761—130.1(321) Manual. The 1988 edition of the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD), 2000 Millennium Edition with Revision No. 1 changes dated December 28, 2001,” prepared by the National Committee on Uniform Traffic Control Devices and published by the U.S. Department of Transportation, Federal Highway Administration, shall constitute the manual and specifications for a uniform system of traffic control devices for use upon the highways of this state.

ITEM 2. Amend rule 761—130.1(321) by rescinding subrules 130.1(1) to 130.1(3) including the four diagrams that are a part of subrule 130.1(3), and adopting in lieu thereof the following new subrules:

130.1(1) The department makes the following exceptions to the MUTCD for school zones:

a. In Part 2, Section 2B.05 of the MUTCD, STOP Sign Applications, Standard, in lieu of the sentence “Portable or part–time STOP signs shall not be used except for emergency and temporary traffic control zone purposes,” the department adopts the following sentence: “Portable or part–time STOP signs may be used in school zones at appropriate school crosswalks.”

b. In Part 7, Section 7A.04 of the MUTCD, Scope, Standard, in lieu of the sentence “Portable school signs shall not be used,” the department adopts the following sentence: “Portable or part–time STOP signs may be used in school zones at appropriate school crosswalks.”

130.1(2) Copies of the manual are available for examination at the Office of Traffic and Safety, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010, or may be reviewed through the Internet at http://mutcd.fhwa. dot.gov.

ITEM 3. Amend 761—Chapter 130, implementation clause, as follows:

This rule is intended to implement Iowa Code section sections 321.249 and 321.252.

ITEM 4. Amend subparagraph 131.1(1)“d”(5) as follows:

(5) An airport with commercial or charter service Apublic–use or publicly owned airport.

ITEM 5. Amend subrules 131.1(2), 131.2(4), 131.3(2), 131.6(2), 131.7(2), 131.8(2), and 131.8(3) and rule 761— 131.15(321) by striking all references to “office of traffic engineering” and inserting in lieu thereof the words “office of traffic and safety.”

ITEM 6. Amend subrules 131.1(2), 131.2(4), 131.3(2), 131.4(3), 131.5(1), 131.5(2), 131.6(2), 131.7(2), 131.8(2) and 131.10(5) by striking all references to “area maintenance engineer” and inserting in lieu thereof the words “appropriate district office.”

ITEM 7. Amend subrule 131.3(1) as follows:

131.3(1) Requirements.

a. The school shall be Signs may be erected for a junior college, college, university or an area community college.

b. (1) The school shall provide an accredited program of academic study or an approved program of technical or vocational training under the supervision of the state department of education or the state board of regents.

c. (2) The school shall have a minimum enrollment of 500 full–time students at that school site.

d c. The school is not immediately adjacent to a primary highway or a primary highway extension.

e d. The school is located on and directly served by the street or highway considered for signing.

ITEM 8. Amend paragraph 131.4(2)“b” as follows:

b. Campsites shall should have a minimum of 20 spaces available for camping and parking.

ITEM 9. Amend paragraph 131.6(3)“c” as follows:

c. The sponsoring organization shall arrange for the sheriff or the Iowa highway safety patrol provide for personnel to direct traffic during the duration of the event.

ITEM 10. Amend subrule 131.9(1) as follows:

131.9(1) Procedures. Requests for the erection of no parking signs on rural primary highways shall be made by the Iowa highway safety state patrol or sheriff to the area maintenance engineer appropriate district office.

ITEM 11. Amend subrule 131.10(1), definition for “Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD),” as follows:

“Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD)” means the Federal Highway Administration standards on traffic control devices, as adopted in rule 761—130.1(321).

ITEM 12. Amend subrule 131.10(3), introductory paragraph, as follows:

131.10(3) Memorial highway signing. Signing for memorial highways shall comply with Section 2D–49 2D–48 of the MUTCD as modified by the following:

ITEM 13. Amend subrule 131.10(4), introductory paragraph, as follows:

131.10(4) Historic trail and scenic trail signing. The department may approve the installation of historic trail and scenic trail signing within the primary highway right–of–way. Signing for historic trails and scenic trails shall comply with Section 2D–50 2D–49 of the MUTCD and the following:

ITEM 14. Amend 761—Chapter 140, title, as follows:

TRAFFIC SIGNALS, SCHOOL SIGNALS AND BEACONS ON PRIMARY ROADS

ITEM 15. Amend rule 761—140.1(321) as follows:

761—140.1(321) Erection of traffic signals, school signals, and beacons on primary highways. The purpose of this rule is to establish requirements, procedures and responsibilities for the erection of traffic signals, school signals and beacons on primary highways.

140.1(1) Requirements. Traffic signals, school signals or beacons shall not be installed unless the guidelines in Part IV 4 of the “Manual of Uniform Traffic Control Devices for Streets and Highways,” as adopted in rule 761—130.1(321), apply.

140.1(2) Procedure.

a. All requests are to be submitted to the appropriate district engineer office.

b. The applicant shall be informed of the final disposition of the request.

140.1(3) Responsibilities. The applicant is responsible for the installation and maintenance of these traffic control devices.

This rule is intended to implement Iowa Code section 321.252.

ITEM 16. Amend rule 761—142.1(321) as follows:

761—142.1(321) Adjustment of speed zones on primary highways. The purpose of these rules this rule is to establish the procedure for adjusting the basic processing requests to change posted speed limits stated in Iowa Code chapter 321 on primary highways.

142.1(1) Procedure.

a. All requests for raising or lowering the posted speed limits on primary highways shall be made to the appropriate district engineer office.

b. The department of transportation will conduct an engineering and traffic investigation and, if the speed limit is found to be greater or less than is reasonable or safe under the conditions found to exist, the department of transportation will declare a reasonable and proper speed limit and post appropriate signs.

c. The person or agency submitting the request for the engineering and traffic investigation shall be advised of the conclusions of the study and the action to be taken by the department of transportation.

This rule is intended to implement Iowa Code sections 321.285 and 321.290.

ITEM 17. Amend rule 761—164.2(312) as follows:

761—164.2(312) Information and forms. Information, instructions and application forms may be obtained from: Engineering Division the Office of Traffic and Safety, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone (515)239–1557.

ITEM 18. Amend subrules 164.3(3) and 164.10(1) by striking all references to “transportation commission” and inserting in lieu thereof the word “commission.”

ITEM 19. Amend paragraphs 164.9(1)“a” to “c” as follows:

a. The jurisdiction shall submit an original and three copies of the complete application to the engineering division office of traffic and safety at the address in rule 164.2(312). An application may be submitted at any time and shall be dated when received in the engineering division by the office of traffic and safety.

b. All complete applications received before January 1 August 15 of each year shall be evaluated during the annual review of the transportation improvement program for funding.

c. If an application is incomplete, the department shall return the application to the applicant to be resubmitted when complete. A resubmitted application shall be dated when received in by the engineering division office of traffic and safety.

ITEM 20. Rescind subrule 164.9(2) and adopt in lieu thereof the following new subrule:

164.9(2) Approval of projects. Department staff shall prepare, with input from city and county officials, a proposed program of projects for each funding category and submit the programs to the commission for approval. The criterion for determining funding priorities in each category is the demonstrated relationship of the project to traffic safety.

ITEM 21. Rescind subrule 164.10(3).

Pursuant to Iowa Code sections 17A.4, 476.1, 476.1A, 476.1B, and 476.27 (2001 Supp.), the Utilities Board (Board) gives notice that on July 9, 2002, the Board issued an order in Docket No. RMU–02–7, In re: Crossing of Railroad Rights–of–Way. The Board is proposing a new chapter, 199 IAC 42, to address recent legislation adopted that addresses the fee and procedures for public utilities crossing railroad rights–of–way with their wires and pipelines. This legislation, Iowa Code section 476.27 (2001 Supp.), allows for crossing of railroad right–of–way subject to certain terms and conditions. While the legislation sets a standard crossing fee, that fee can be exceeded if special circumstances exist. In addition, the legislation provides that a railroad and public utility may agree to terms and conditions that differ from those provided for in Iowa Code Supplement section 476.27(3) or the rules.

The proposed rules are the end result of an extensive collaboration involving various public utilities, utility–industry groups, and railroads. While much agreement was reached, consensus was not reached in all areas. The proposed chapter attempts to reflect agreement where it was reached and, where consensus was not attained, the rules attempt to balance the interests of the railroads and the utilities with the specific language set forth in the legislation.

The participants agreed that engineering specification exhibits should be made part of the rules. However, consensus was not reached with respect to the content of the engineering specification exhibits. The Board did not have sufficient information to propose complete engineering specification exhibits and, therefore, none are included in the proposed rules. The Board asks commenters to include with their comments draft engineering specification exhibits that could be made part of the rules.

Pursuant to Iowa Code sections 17A.4(1)“a” and “b,” any interested person may file a written statement of position pertaining to the proposed rules. The statement must be filed on or before August 27, 2002, by filing an original and ten copies in a form substantially complying with 199 IAC 2.2(2). All written statements should clearly state the author’s name and address and should make specific reference to this docket. All communications should be directed to the Executive Secretary, Utilities Board, 350 Maple Street, Des Moines, Iowa 50319–0069.

A public hearing to receive comments on the proposed rules will be held at 10 a.m. on November 5, 2002, in the Board’s hearing room at the address listed above. The Board does not find it necessary to propose a separate waiver provision in this rule making. The Board’s general waiver provision in 199 IAC 1.3(17A,474,476,78GA,HF2206) is applicable to these rules. In addition, Iowa Code Supplement section 476.27 allows a railroad and public utility to agree on different terms.

These rules are intended to implement Iowa Code sections 476.1, 476.1A and 476.1B and Iowa Code Supplement section 476.27.

The following new chapter is proposed.

CHAPTER 42
CROSSING OF RAILROAD RIGHTS–OF–WAY

199—42.1(476) Definitions. The following words and terms, when used in these rules, shall have the meanings set forth in Iowa Code Supplement section 476.27: “board,” “crossing,” “direct expenses,” “facility,” “public utility,” “railroad” or “railroad corporation,” “railroad right–of–way,” and “special circumstances.”

In addition, as used in this chapter, the following definitions shall apply:

“Complainant” means a person who complains to the board by written complaint regarding any of the issues identified in Iowa Code Supplement section 476.27(2) or these rules.

“Petitioner” means a person who files a written petition with the board seeking a determination of special circumstances pursuant to Iowa Code Supplement section 476.27(4).

“Respondent” means a person against whom a complaint or petition is filed.

199—42.2(476) Applicability and purpose. These rules provide terms and conditions for the crossing of railroad rights–of–way by public utilities. However, these rules shall not prevent a railroad and public utility from negotiating other terms and conditions applicable to a crossing or agreeing to a different dispute resolution mechanism than that provided for in Iowa Code Supplement section 476.27 and these rules. These rules do not apply to longitudinal occupancy of railroad right–of–way, but only to the crossing of railroad right–of–way.

42.3(1) Notice and exhibit. Anytime a public utility intends to construct a crossing across railroad right–of–way, the utility shall submit to the railroad a notification of intent to construct, along with a specification exhibit that shows the location of the crossing and the railroad’s property, tracks, and wires that the public utility’s facilities will cross. The notice and exhibit shall be submitted to the railroad by certified mail, return receipt requested. The one–time standard crossing fee of $750, unless otherwise agreed to by the railroad and public utility, shall accompany the notice and exhibit. The public utility shall use its best efforts to submit the specification exhibit on a form provided or approved by the railroad. The specification exhibit constitutes the public utility’s warranty that the public utility facilities that are the subject of the exhibit will be constructed and installed as shown on the exhibit.

42.3(2) Exhibit—overhead wireline crossings. For overhead wireline crossings, the specification exhibit shall contain, at a minimum, the location of the poles supporting the crossing span and adjoining spans on each side of the crossing span on the proposed facilities; the number, kind, and size of wires; and the clearance between the facilities and any existing railroad tracks, wires, or fiberoptic lines.

42.3(3) Exhibit—underground crossings. For underground crossings, the specification exhibit shall contain, at a minimum, the number, kind, and size of wires, pipes, and conduit and casing to be used, the commodity conveyed, and the depth to which the public utility facilities will be placed below the base of the rail track and at other locations on the right–of–way.

42.3(4) Authorization to commence construction. After 35 days from the mailing of the notice, specification exhibit, and fee, the public utility, absent a claim of special circumstances or objection from the railroad that the information contained in the specification exhibit is inadequate or incomplete, shall be deemed to have authorization to commence construction of the facilities that are the subject of the specification exhibit. In the event the public utility does not commence construction within 120 days from the mailing of the notice or any changes to the specification exhibit, whichever is later, the notice shall expire and the fee may be retained by the railroad. If the public utility subsequently desires to proceed with construction of the facilities subject to the notice, the public utility must again comply with the notice, specification exhibit, and fee requirements of these rules.

42.3(5) Crossing notice and payment of flagging costs. In addition to any other required notice, a public utility, except for emergency repair or maintenance, shall provide the railroad written notice at least ten days prior to commencing any construction, maintenance, or repair of facilities within the railroad’s right–of–way. Such notice is to enable the railroad to make any appropriate flagging arrangements. The public utility shall reimburse the railroad for actual flagging expenses within 30 days of receipt of a bill for flagging services.

42.3(6) Securing damages—special circumstances. Pending a board resolution of a claim of special circumstances raised in a petition filed by the railroad pursuant to Iowa Code Supplement section 476.27(4) and subrule 42.18(2), a public utility may, upon compliance with these rules and securing the payment of an amount sufficient for the removal of any facilities constructed by the public utility in a manner approved by the board, proceed with construction unless the board intervenes to prevent construction pursuant to Iowa Code Supplement section 476.27(6).

42.3(7) Inductive interference study. If the railroad reasonably determines through its initial review of the specification exhibit and engineering analysis that a proposed public utility facility has a material possibility of posing an induction problem with railroad property, the public utility, if it wishes to proceed with the facility, shall cause a formal inductive interference study to be performed by a qualified engineer approved by the railroad. The public utility shall make and pay for any modifications to the proposed facility, or to the railroad’s property, that are necessary to ensure safe and reliable operations of the railroad’s property that are recommended by the qualified engineer. No public utility facility that has undergone an inductive interference study pursuant to this subrule shall be energized until the railroad has had an opportunity to conduct any appropriate tests to ensure that, after the facility is energized, there will not be any interference with the operation of the railroad’s property. Any appropriate tests shall be conducted by the railroad within 30 days after receipt of a notice from the public utility that the facility is ready to be energized.

42.4(1) Notice. In the event a public utility or railroad needs to perform emergency or nonroutine maintenance or repair within a railroad right–of–way and the maintenance or repair may affect the operations of the other entity, immediate notification shall be given of the maintenance or repair being performed.

42.4(2) Notification plan filing. Each railroad and public utility with a facility crossing railroad right–of–way shall establish, and file with the board, a mechanism or plan for receiving emergency notifications 24 hours per day, seven days per week.

42.4(3) Scope of emergency work and reimbursement of expenses. Unless permission from the affected railroad or public utility has been received, the railroad and public utility may only perform maintenance or repair work of their own respective property. If the emergency maintenance or repair performed by the railroad or public utility causes reasonable expenses to be incurred by the other entity, those reasonable expenses shall be reimbursed.

42.5(1) Standard for relocation. The railroad may require that the public utility, at the public utility’s expense, relocate facilities on railroad right–of–way whenever such relocation is necessary to accommodate railroad operations. The decision that relocation is required is made solely by the railroad, although the railroad may not act arbitrarily or unreasonably. The public utility shall not have to pay a standard crossing fee for such relocations.

42.5(2) Completion of relocation. In the event relocation of facilities is required, the relocation shall be to a location mutually agreed upon by the railroad and utility, within the railroad right–of–way. The relocation shall be completed within a reasonable period of time.

42.5(3) Statement of reasons. Upon the request of the public utility, the railroad shall provide a statement or other supporting documentation indicating the operational reasons for requiring relocation of facilities.

199—42.6(476) Engineering standards for electric and communications lines. These engineering standards apply to crossings that do not involve special circumstances such that additional or more stringent engineering standards may be warranted. The determination of such additional or more stringent standards will be determined on a case–by–case basis, according to the procedures in subrule 42.18(2), depending on the facts and circumstances associated with the particular crossing.

42.6(1) General.

a. Except as provided for in this chapter, electric and communications lines crossing railroads shall be constructed in accordance with 199 IAC 25, the Iowa electrical safety code.

b. Crossings should be made as near as possible at an angle of 90 degrees to the railroad tracks, but in no event shall any crossing be at less than a 60–degree angle to the railroad track.

c. Aboveground facilities at road or pedestrian crossings shall be located or constructed in a manner that minimizes interference with lines of sight for observing oncoming trains.

42.6(2) Additional requirements for overhead crossings.

a. In determining the line height needed to meet the clearance requirements of the Iowa electrical safety code, the height of a rail car shall be assumed to be 23 feet.

b. Electric and communications lines shall be installed with at least four feet of clearance above overhead railroad signal and communications lines.

c. The perpendicular distance of poles from the centerline of the tracks shall not be less than the largest of the following:

(1) Unguyed poles shall be located a minimum distance equal to the height of the pole above the ground line plus 10 feet. If guys are installed, they shall be placed in a manner that would prevent the pole from leaning or falling in the direction of the tracks.

(2) Fifty feet near straight tracks, except for industry track where 10 feet is permitted. If located adjacent to curved track, the clearance shall be increased by 1.5 inches per degree of track curvature.

(3) Towers for electric lines capable of operating at 34,500 volts or more shall not be located on railroad right–of–way.

d. Poles shall be located a minimum distance from overhead railroad signal or communications lines equal to the height of the pole above ground line, or must be guyed at a right angle away from such lines.

e. Crossings shall not be installed under or within 500 feet of a railroad bridge, or 300 feet from the centerline of a culvert or switch area.

42.6(3) Additional requirements for underground crossings.

a. The minimum depth below the base of the rail shall be 4.5 feet except for fiberoptic cables, which shall be 5.0 feet.

b. The minimum depth at other locations on the right–of–way shall be:

(1) 5.0 feet for fiberoptic cables;

(2) 4.0 feet for conductors operating at more than 750 volts;

(3) 3.0 feet for all other lines.

c. Crossings shall not be installed within 50 feet of the end of a railroad bridge, the centerline of a culvert, or a switch area.

d. Casings must extend at least 30 feet from the centerline of the nearest track, measured at a right angle, except that casings for electrical conductors operating at more than 750 volts shall extend the full width of the right–of–way. At burial depths of less than 15 feet below the track, the casing material shall be steel or rigid metal conduit. At depths of 15 feet or more, polyvinyl chloride (PVC) casing pipe may be used.

e. Except for the track and ballast area, warning tape shall be installed one foot below ground level over conductors operating at more than 750 volts, except that tape is not required for lines installed using directional drilling.

f. Bored crossings shall not be installed using water jetting or other methods that might leave cavities beneath a railroad embankment. Horizontal directional drilling techniques that use drilling mud are permitted. Pits for boring or drilling crossings shall be beyond the limits of the railroad embankment.

g. Unless otherwise authorized by the railroad, a railroad representative must be present during installation of buried crossings if there are underground railroad signal lines in the vicinity of the crossing.

199—42.7(476) Engineering standards for pipelines. These engineering standards apply to crossings that do not involve special circumstances such that additional or more stringent engineering standards may be warranted. The determination of such additional or more stringent standards will be determined on a case–by–case basis, according to theprocedures in subrule 42.18(2), depending on the facts and circumstances associated with the particular crossing.

42.7(1) General.

a. Except as provided for in this chapter, pipelines crossing railroads shall be constructed in accordance with Part 5, “Pipelines,” of the American Railway Engineering and Maintenance–of–Way Association (AREMA) Manual for Railway Engineering – 2001.

b. For pipelines subject to 49 CFR Part 192, “Transportation of Natural and Other Gas by Pipeline,” or 49 CFR Part 195, “Transportation of Hazardous Liquids by Pipeline,” the appropriate federal standard shall control for pipeline marker signs, valves, corrosion control, welding and weld testing, and pressure testing. The design stress level in such pipelines shall not exceed that permitted by the appropriate federal standard.

c. Polyethylene (PE) pipe may be used as carrier pipe for natural gas pipelines operating at 125 pounds per square inch gauge or less. Polyethylene and polyvinyl chloride (PVC) pipe may be used as carrier pipe for water and wastewater. Such pipe shall be manufactured of materials approved for its intended use by an appropriate standards organization.

d. Slip jointed carrier pipe may be used only for encased water or wastewater pipelines, and the ends of such casings shall be oriented such that drainage from any internal leakage will not endanger the railroad embankment.

e. Casings of material other than steel may be used with railroad company approval.

f. Cathodic protection test boxes located on railroad right–of–way shall be attached to casing vents or installed flush with the ground surface.

42.7(2) Installation methods.

a. Pipe shall be installed using boring, drilling, or jacking methods. Open cut crossings are permitted only with the specific authorization of the railroad company.

b. Pits for boring or jacking shall not disturb the railroad embankment and shall be located at least 30 feet from the track centerline where practical. Pits shall be of the minimum size necessary.

c. Bored crossings shall not be installed using water jetting or other drilling methods that might leave cavities beneath a railroad embankment. Horizontal drilling techniques that use drilling mud are permitted.

d. Pipe or casing shall be installed with at least one foot of separation from any other pipe or wire in the right–of–way.

e. When boring for pipe greater than 20 inches in diameter is proposed, and the pipe would be installed less than 10 feet below the base of the rail, if the railroad has knowledge of soil conditions in the vicinity which could lead to deterioration of track support if the soil is disturbed, the railroad company may require that a geotechnical study be performed by the public utility to determine if the proposed crossing site is undesirable or requires special construction methods or monitoring.

f. For unusually large pipeline crossings that do not involve special circumstances, or for crossings where geotechnical study has identified potentially destabilizing soil conditions, the railroad company may require that a railroad representative be present during installation, and may also require the presence of a survey crew to monitor the tracks for any change in alignment.

199—42.8(476) Liability. The railroad and public utility shall each maintain and repair their respective property within the railroad right–of–way, and the railroad and public utility shall bear responsibility for each person’s own acts and omissions, except the public utility shall be responsible for any bodily injury or property damage that typically would be covered under a standard railroad protective liability insurance policy.

199—42.9(476) Insurance. Unless otherwise agreed upon by the railroad and public utility, the public utility shall maintain, or cause to be maintained, the following minimum insurance coverage with respect to each railroad crossing:

42.9(1) General public liability insurance with limits of not less than $500,000 for injury or death of a single person, or not less than $1 million for any one accident, and not less than $250,000 per accident for property damage. Unless the entire construction site is located more than 50 feet from any railroad tracks, the exclusion or limitations for railroads shall be removed.

42.9(2) Comprehensive automobile liability insurance with limits of not less than $500,000 for injury or death of a single person, or not less than $1 million for any one accident, and not less than $250,000 for property damage.

42.9(3) Excess liability coverage with limits of not less than $5 million.

42.9(4) Railroad protective liability insurance with a combined single limit of $4 million per occurrence and$6 million aggregate. Such coverage may be provided by a blanket insurance policy, provided that the coverage, including the coverage limits, applies to each individual crossing on each individual railroad.

42.9(5) The coverage in 42.9(1) through 42.9(3) above must be by blanket insurance policies covering other property or risks, or self–insurance. In the event the public utility desires to self–insure, it must maintain a minimum long–term rating of A- and net assets of not less than $100 million, unless the railroad agrees to different amounts. If the public utility’s long–term rating is lowered below an A- rating, the public utility will provide commercial insurance as required in this rule, and will notify the railroad that its long–term rating was lowered below A-.

42.9(6) The coverage in 42.9(1) through 42.9(4) above must be in place prior to the commencement by the public utility of any work within the railroad’s right–of–way in order to secure payment for any damages for which the public utility bears responsibility.

199—42.10(476) Removal of equipment. Upon completion of any facility, the public utility shall remove, or cause to be removed, all tools, equipment, or other property used in the construction and, if railroad property was moved or disturbed, restore that property to the same condition it was in prior to being moved or disturbed.

199—42.11(476) Assignment. The public utility may assign or otherwise transfer any rights to cross railroad right–of–way to any financially responsible entity controlled by, controlling, or under common control with the public utility or to any entity into or with which the public utility is merged or consolidated or which acquires ownership or control of all or substantially all of the transmission assets of the public utility. Notice of the assignment or transfer shall be given to the railroad within 30 days. No other transfer or assignment may take place without the written permission of the railroad, which permission shall not be unreasonably withheld.

199—42.12(476) Prohibition against mechanic’s liens. The public utility shall not create, permit, or suffer any mechanic’s lien or other lien of any kind or any nature to be created or enforced against the railroad’s property for any work performed by the public utility in connection with its facilities that are located in the railroad’s right–of–way.

199—42.13(476) Taxes. The public utility shall promptly pay or discharge all taxes and charges levied upon its facilities located in the railroad’s right–of–way. Where any such tax or charge may not be separately made or assessed to the public utility, but is included in the taxes or charges assessed to the railroad, the public utility shall pay to the railroad an equitable portion of such taxes determined by the value of the public utility’s facilities located on railroad right–of–way as compared with the entire value of the railroad property.

199—42.14(476) Protection of signal systems. Prior to penetrating the surface of any railroad right–of–way, the public utility shall contact the railroad to determine if any of the railroad’s signal systems are located in the area. If signal systems are located in the area, the public utility, at its expense, shall arrange for a cable locator and make arrangements for relocation or other protection of the signal system. The public utility shall also contact Iowa One–Call for locating other underground facilities and shall comply with all other applicable statutes, regulations and rules pertaining to such underground facilities.

199—42.15(476) Safety regulations. The public utility shall ensure compliance with all applicable local, state, and federal safety rules and regulations during the time any work is being performed on a facility within the railroad’s right–of–way. Any personal injury arising during work being performed on a facility shall be promptly reported by the public utility to the railroad.

199—42.16(476) Recording. The public utility, at its own expense, may record a memorandum of its rights pursuant to Iowa Code Supplement section 476.27 and these rules. A legal description of the crossing that has been approved by both the railroad and public utility shall be attached to the memorandum. Upon termination of the public utility’s rights, the public utility shall file an appropriate document to evidence such termination.

199—42.17(17A,476) Complaints and petitions forrelief—general information. These rules are promulgated under Iowa Code chapter 17A and Iowa Code Supplement section 476.27 as guides for procedure when railroads or public utilities file with the board complaints regarding crossings pursuant to Iowa Code Supplement section 476.27(2)“a”(9) or petitions for relief pursuant to Iowa Code Supplement section 476.27(4). The purpose of these rules is to facilitate the transaction of business before the board and to promote the just resolution of controversies. Consistent with this purpose, any of these rules, unless otherwise provided by law, may be waived by the board or its designated presiding officer pursuant to rule 199—1.3(17A,474,476,78GA,HF2206). The board recognizes that the parties will ordinarily require expedited procedures and a swift decision. Therefore, any procedural rules in 199—Chapter 7 that are in conflict with these rules do not apply to contested cases under this chapter.

42.18(1) Complaints. A railroad or public utility that has a complaint regarding any of the issues identified in Iowa Code Supplement section 476.27(2) that cannot be resolved without intervention by the board may file a complaint with the board. The complainant must serve the other railroad or public utility involved and the consumer advocate, either in person or by overnight delivery, on the same day the complaint is filed with the board. The complaint must be in writing and must include the following:

a. The name, address, telephone number, and contact person for the complainant and the complainant’s attorney, if any;

b. The basis for the board’s jurisdiction over the matter;

c. A statement of the complainant’s position and a detailed discussion of the facts that support the complainant’s position, including a description of the issues involved, the resolution requested, and the facts supporting the resolution requested;

d. The particular provisions of the statutes and rules involved;

e. A description of the attempts made to informally resolve the complaint;

f. All documentation relied on to support the facts alleged in the complaint and the requested resolution; and

g. The name, address, telephone number, and contact person and attorney, if any, for the other railroad or public utility involved and a statement that the complaint was served on the other railroad or public utility involved and the consumer advocate, the method of service, and the date served.

42.18(2) Petitions for relief. A railroad or public utility that believes special circumstances exist for a particular crossing pursuant to Iowa Code Supplement section 476.27(4) may file a petition for relief with the board if the railroad and the public utility have been unable to resolve their differences without intervention by the board. The petitioner must serve the other railroad or public utility involved and the consumer advocate, either in person or by overnight delivery, on the same day the petition is filed with the board. The petition must be in writing and must include the following:

a. The name, address, telephone number, and contact person for the petitioner and the petitioner’s attorney, if any;

b. The basis for the board’s jurisdiction over the matter;

c. A statement of the petitioner’s position and a detailed discussion of the facts that support the petitioner’s position, including a description of the issues involved, why special circumstances exist for the particular crossing, the relief requested, and the facts supporting the relief requested;

d. The particular provisions of the statutes and rules involved;

e. A description of the attempts made to informally resolve the issues involved in the petition;

f. All documentation relied on to support the facts alleged in the petition and the requested relief; and

g. The name, address, telephone number, contact person and attorney, if any, for the other railroad or public utility involved and a statement that the petition was served on the other railroad or public utility involved and the consumer advocate, the method of service, and the date served.

199—42.19(17A,476) Presiding officer. The presiding officer who conducts the contested case hearing on the complaint or petition may be one or more members of the board or a qualified person designated by the board. The presiding officer has the authority granted by the board, that specified in 199—subrule 7.1(4) and that given by statute.

199—42.20(17A,476) Answer. Upon receipt of a complaint filed pursuant to subrule 42.18(1), or a petition for relief filed pursuant to subrule 42.18(2), the railroad or public utility must file an answer with the board. The railroad or public utility must serve the answer upon the other railroad or public utility involved and the consumer advocate, either in person or by overnight delivery, on the same day the answer is filed with the board. The answer must be filed within ten days of the date of service of the complaint or petition.

42.20(1) The answer must be in writing and must include the following, at a minimum:

a. The name, address, telephone number, and contact person for the respondent and the respondent’s attorney, if any;

b. An admission or denial of each allegation in the petition;

c. A statement of the respondent’s position and a detailed discussion of the facts that support the respondent’s position, including a description of the issues involved, the resolution or relief requested, and the facts supporting the resolution or relief requested;

d. A description of the attempts made to informally resolve the complaint or the issues involved in the petition;

e. All documentation relied on to support the facts alleged in the answer and the requested resolution or relief; and

f. A statement that the answer was served on petitioner or complainant and the consumer advocate, the method of service, and the date served.

42.20(2) Failure to file a timely answer may be deemed a default and, upon motion and absent objection by the consumer advocate, the resolution or relief requested by the moving party may be granted. On motion and for good cause shown, the presiding officer may set aside a default order. The motion to set aside must be filed promptly, and in no case more than ten days after issuance of the default order.

199—42.21(17A,476) Parties and appearances. The parties include the petitioner or complainant, the respondent, the consumer advocate, and any intervenors. Each party must file a written appearance at the earliest possible time identifying one person upon whom the board and the other parties may serve all orders, correspondence, and other documents.

199—42.22(17A,476) Procedural order and notice of hearing. Upon receipt of a complaint or petition filed pursuant to rule 199—42.18(17A,476), the presiding officer will prepare and issue a procedural order and notice of hearing. Prefiled testimony will not be used unless deemed necessary by the presiding officer, or unless requested by the railroad and public utility involved or the consumer advocate. In scheduling the hearing, the presiding officer will consider the schedules of the parties involved and will schedule the hearing as soon as possible. However, the hearing will not be scheduled earlier than seven days after the answer is due to be filed. The procedural order and notice of hearing will be served by ordinary mail upon the parties.

199—42.23(17A,476) Discovery. Discovery procedures available to parties in civil actions are available to the parties. However, because of the expedited nature of these proceedings, all responses must be given within five days of receipt of any request, and all discovery requests must be delivered so that discovery is completed at least five days prior to the date set for hearing. Parties must make good–faith efforts to resolve discovery disputes before filing any motion relating to discovery. Discovery disputes will not be viewed favorably by the presiding officer.

42.24(1) All hearings will be recorded either by mechanized means or by certified shorthand reporters. All testimony will be taken under oath or affirmation.

42.24(2) If a party fails to appear at a hearing after proper service of the notice of hearing, the presiding officer may, if no adjournment is granted, enter a default decision or proceed with the hearing and make a decision in the absence of the party. The parties will be notified of the decision by ordinary mail. If adequate reasons are provided showing good cause for the party’s failure to appear, the presiding officer may vacate the decision and, after proper service of notice, conduct another hearing and issue a decision.

42.24(3) The presiding officer shall maintain the decorum of the hearing, and may refuse to admit, or may expel, anyone whose conduct is disorderly, contemptuous, or disruptive.

42.24(4) Subject to terms and conditions set by the presiding officer, each party has the right to introduce evidence, cross–examine witnesses, present evidence in rebuttal, and present oral argument. The presiding officer will determine the order for the presentation of evidence. Prior to or at the hearing, the parties must alert the presiding officer if circumstances exist that require expedited issuance of the decision.

42.24(5) A party that wishes to present a brief must file it prior to or at the hearing.

42.24(6) A party that wishes a shortened appeal time must make a motion at the hearing. If there are no objections, and there are no issues that indicate the need for a 15–day appeal period, the presiding officer may shorten the time for appeal set forth in 199—subrule 7.8(2).

199—42.25(17A,476) Decision. The presiding officer will issue a decision as soon as possible after the conclusion of the hearing. If the board issues the decision, it is final agency action. If a single presiding officer issues the decision, it is a proposed decision, and the rules applicable to appeals from the decision of a presiding officer at rule 199—7.8(476) apply, except that the appeal time may be shortened at the discretion of the presiding officer, and all times set forth in rule 199—7.8(476) may be shortened at the discretion of the board.

These rules are intended to implement Iowa Code sections 476.1, 476.1A and 476.1B and Iowa Code Supplement section 476.27.

Pursuant to the authority of Iowa Code sections 234.6 and 249A.4, the Department of Human Services amends Chapter 78, “Amount, Duration, and Scope of Medical and Remedial Services,” Iowa Administrative Code.

2002 Iowa Acts, House File 2623, section 51, restores Medicaid coverage for some of the dental services that were excluded by 2002 Iowa Acts, House File 2245. These amendments allow Medicaid reimbursement for root canal treatments on permanent anterior teeth for adults aged 21 and older. Crowns, posts, and cores are medically necessary in most situations as part of a root canal treatment to help preserve the tooth after a root canal procedure.

These amendments do not provide for waivers in specified situations because expansion of coverage is a benefit.

In compliance with Iowa Code section 17A.4(2), the Department of Human Services finds that notice and public participation are unnecessary because these amendments implement 2002 Iowa Acts, House File 2623, section 51, which authorizes the Department to adopt rules without notice and public participation.

The Department also finds, pursuant to Iowa Code section 17A.5(2)“b”(1), that the normal effective date of these amendments should be waived and these amendments made effective upon filing on July 11, 2002, as authorized by 2002 Iowa Acts, House File 2623, section 51. As directed by 2002 Iowa Acts, House File 2623, section 70, the changes in Medicaid coverage were effective May 10, 2002, the date of enactment.

The Council on Human Services adopted these amendments July 10, 2002.

These amendments are also published herein under Notice of Intended Action as ARC 1842B to allow for public comment.

These amendments are intended to implement Iowa Code sections 234.6 and 249A.4 and 2002 Iowa Acts, House File 2623, section 51.

These amendments became effective July 11, 2002.

The following amendments are adopted.

ITEM 1. Amend subrule 78.4(14), introductory paragraph, as follows:

78.4(14) Services to adults 21 years of age and older. Effective March 1 May 10, 2002, the following dental services are not covered for adults 21 years of age and older:

ITEM 2. Amend subrule 78.4(14), paragraph “a,” as follows:

a. Crowns, posts, and cores on anterior teeth that have not received endodontic treatment and on posterior teeth.

ITEM 3. Amend subrule 78.4(14), paragraph “c,” as follows:

c. Endodontic services on posterior teeth.

[Filed Emergency 7/11/02, effective 7/11/02]

[Published 8/7/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 8/7/02.

Pursuant to the authority of Iowa Code sections 217.6 and 234.6, the Department of Human Services hereby amends Chapter 150, “Purchase of Service,” and Chapter 185, “Rehabilitative Treatment Services,” Iowa Administrative Code.

These amendments:

• Continue reimbursement rates for purchase of service providers (for adoption, shelter care, family planning, and independent living services) at their June 30, 2001, level, as directed by 2002 Iowa Acts, House File 2627, section 137, subsection 6.

• Continue reimbursement rates for rehabilitative treatment and supportive services (family preservation, family–centered services, foster family services, and group care services) at their June 30, 2001, level, as directed by 2002 Iowa Acts, House File 2627, section 137, subsection 8.

• Continue to suspend the ability of Department administrators to renegotiate rates for rehabilitative treatment and supportive services.

• Update language describing the consumer price index used to adjust rehabilitative treatment and supportive services rates.

These amendments do not provide for waivers in specified situations because the Department does not have the authority to waive statutory provisions.

In compliance with Iowa Code section 17A.4(2), the Department of Human Services finds that notice and public participation are unnecessary because 2002 Iowa Acts, House File 2627, section 137, subsection 13, and section 146, authorizes the Department to adopt rules to implement the provisions of section 137 without notice and public participation.

The Department also finds, pursuant to Iowa Code section 17A.5(2)“b”(1), that the normal effective date of these amendments should be waived and these amendments made effective upon filing, as authorized by 2002 Iowa Acts, House File 2627, section 137, subsection 13, and section 146.

The Council on Human Services adopted these amendments July 10, 2002.

These amendments are also published herein under Notice of Intended Action as ARC 1843B to allow for public comment.

These amendments are intended to implement Iowa Code section 234.6 and 2002 Iowa Acts, House File 2627, section 137.

These amendments became effective July 11, 2002.

The following amendments are adopted.

ITEM 1. Amend subrule 150.3(5), paragraph “p,” subparagraph (2), as follows:

Amend the introductory paragraph as follows:

(2) For the fiscal year beginning July 1, 2001 2002, the maximum reimbursement rates for services provided under a purchase of social service agency contract (adoption, shelter care, family planning, and independent living) shall be the same as the rates in effect on June 30, 2001, except under any of the following circumstances:

Amend numbered paragraphs “3” and “4” as follows:

3. For the fiscal year beginning July 1, 2001 2002, the combined service and maintenance reimbursement rate paid to a shelter care provider shall be based on the financial and statistical report submitted to the department. The maximum reimbursement rate shall be $83.69 per day. If the department reimburses the provider at less than the maximum rate, but the provider’s cost report justifies a rate of at least $83.69, the department shall readjust the provider’s reimbursement rate to the actual and allowable cost plus the inflation factor or $83.69, whichever is less.

4. For the fiscal year beginning July 1, 2001 2002, the purchase of service reimbursement rate for a shelter care provider’s actual and allowable cost plus inflation shall be increased by $3.99. For state fiscal year 2002 2003 beginning July 1, 2001 2002, the established statewide average actual and allowable cost shall be increased by $3.99.

ITEM 2. Amend subrule 185.112(1), paragraph “f,” subparagraph (1), as follows:

(1) Changes in the Consumer Price Index for all Urban Consumers (CPI–U). Any adjustment based on changes in the CPI–U shall not exceed the amount by which the CPI–U increased during the previous calendar year ending December 31, 1997.

ITEM 3. Amend subrule 185.112(1), paragraph “k,” subparagraphs (1) and (2), as follows:

(1) By mutual consent of the provider and the regional administrator service area manager of the host region area based upon the factors delineated at paragraph 185.112(1)“f,” except that rates shall not be changed or renegotiated for the period of July 1, 2000, through June 30, 2002 2003.

(2) In accordance with paragraph 185.112(6)“b,” except that rates shall not be changed or renegotiated for services not assumed by a new provider for the period of July 1, 2000, through June 30, 2002 2003.

[Filed Emergency 7/11/02, effective 7/11/02]

[Published 8/7/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 8/7/02.

Pursuant to the authority of Iowa Code section 234.6, the Department of Human Services amends Chapter 176, “Dependent Adult Abuse,” Iowa Administrative Code.

This amendment adds another category of people who may have access to dependent adult abuse reports. 2002 Iowa Acts, Senate File 2231, section 3, provides that hospital administrators may check the dependent adult abuse records for people they employ or are considering for employment. This amendment makes Department rules congruent with the statute.

This amendment does not provide for waivers in specified situations because the Department does not have the authority to waive statutory provisions.

The Department of Human Services finds that notice and public participation are unnecessary because this amendment merely conforms the rules to the amended statute. Therefore, this amendment is filed pursuant to Iowa Code section 17A.4(2).

The Department finds that this amendment confers a benefit by removing confusion that could arise when the rules and statute are inconsistent. Therefore, this amendment is filed pursuant to Iowa Code section 17A.5(2)“b”(2). The Department finds that the normal effective date of this amendment should be waived and the amendment made effective upon filing.

The Council on Human Services adopted this amendment July 10, 2002.

This amendment is intended to implement Iowa Code section 236B.6, subsection 2, paragraph “c,” as amended by 2002 Iowa Acts, Senate File 2231.

This amendment became effective July 11, 2002.

The following amendment is adopted.

Amend subrule 176.10(3), paragraph “c,” by adding the following new subparagraph:

(7) The administrator of a hospital licensed under Iowa Code chapter 135B, when the information concerns a person employed or being considered for employment by the hospital.

[Filed Emergency 7/11/02, effective 7/11/02]

[Published 8/7/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 8/7/02.

Pursuant to the authority of Iowa Code section 47.1, the Secretary of State hereby amends Chapter 21, “Election Forms and Instructions,” Iowa Administrative Code.

Licensees are currently operating gambling games at pari–mutuel racetracks and on excursion boats pursuant to Iowa Code chapter 99F. These licenses were granted after the electorate of a county approved such gambling operations in the county.

Iowa Code section 99F.7(10)“d” requires the board of supervisors to submit the same proposition on gambling games in the county to the electorate of the county at the general election to be held in 2002 so that the electorate can decide whether such gambling games shall continue in the county.

New subrules 21.820(6) and 21.820(7) provide guidance to the boards of supervisors and county auditors by setting forth uniform ballot language to be used on the 2002 general election ballot for those counties required to have the gambling proposition on their ballots.

Iowa Code section 43.73, in essence, requires that the ballot language for the general election be finalized no later than 69 days before the election. Since the 2002 general election is November 5, 2002, the language for the ballot must be finalized by August 28, 2002. Although this amendment is also published herein under Notice of Intended Action as ARC 1868B to allow public comment, there is not sufficient time to complete the regular rule–making process by the August 28, 2002, deadline. Therefore, in compliance with Iowa Code section 17A.4(2), the Secretary of State finds that notice and public participation are impractical and contrary to public interest because of the need to finalize the ballot language by August 28, 2002.

The Secretary of State also finds, pursuant to Iowa Code section 17A.5(2)“b”(2), that the normal effective date of the amendment should be waived and this amendment should be made effective upon filing with the Administrative Rules Coordinator on July 19, 2002, because the amendment confers a benefit upon the public.

This amendment is intended to implement Iowa Code sections 47.1 and 99F.7(10)“d.”

This amendment became effective on July 19, 2002.

The following amendment is adopted.

Amend rule 721—21.820(99F) by adopting the following new subrules:

21.820(6) Ballot form for general election for continuing operation of gambling games at pari–mutuel racetracks:

(Insert letter to be assigned by the commissioner)

Summary: The continued operation of gambling games at (name of pari–mutuel racetrack) in ____________ County is approved.

The continued operation of gambling games at (name of pari–mutuel racetrack) in __________ County is approved. If approved by a majority of the voters, operation of gambling games may continue at (name of pari–mutuel racetrack) in __________ County until the question is voted on again at the general election in eight years. If disapproved by a majority of the voters, gambling games at (name of pari–mutuel racetrack) in ___________ County will end.

21.820(7) Ballot form for general election for continuing gambling games on excursion boats:

(Insert letter to be assigned by the commissioner)

Summary: The continued operation of gambling games on excursion boats in ___________ County is approved.

The continued operation of gambling games on excursion boats in ____________ County is approved. If approved by a majority of the voters, operation of gambling games may continue on excursion boats in ____________ County until the question is voted on again at the general election in eight years. If disapproved by a majority of voters, gambling games on excursion boats in ___________ County will end nine years from the date of the original issue of the license to the current licensee.

[Filed Emergency 7/19/02, effective 7/19/02]

[Published 8/7/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 8/7/02.

Pursuant to the authority of Iowa Code section 542C.3, the Accountancy Examining Board hereby amends Chapter 5, “Renewal of Certificates and Licenses,” Chapter 10, “Continuing Education,” Chapter 12, “Fees,” and Chapter 19, “Transition Rules,” Iowa Administrative Code.

The Board recently rescinded Chapters 1 to 19 and adopted new Chapters 1 to 19 to implement the Iowa Accountancy Act of 2001, 2001 Iowa Acts, chapter 55. During the public comment period, concerns were raised by the Iowa Society of Certified Public Accountants and several of its members relating to the Board’s decision not to adopt a rule exempting from continuing education certain persons holding certificates as certified public accountants. The Board appointed a special Task Force to study this issue, including public and professional members of the Board, representatives of the Iowa Society of Certified Public Accountants, the Iowa Society of Accounting Practitioners, the Accountants Association of Iowa, and the American Business and Industry Association, and individual members of the profession.

The Task Force met on May 15, 2002, and recommended that the Board: (1) create a process for certificate and license holders to register in inactive status; (2) clarify that persons on inactive status may not practice public accounting or use restricted titles, such as “CPA” and “LPA” (with or without additional designations such as “inactive”); (3) authorize the use of the titles “CPA, retired” and “LPA, retired” undercertain conditions for persons registered in inactive status who are retired from gainful employment or disabled; and(4) modify the continuing education requirements following reinstatement to active status to phase in the hours required at future renewal dates.

The following amendments, as approved by the Board, memorialize the Task Force recommendations. The amendments create a process under which a person holding a lapsed or inactive certificate or license may register in inactive status; define the eligibility requirements for inactive status; describe practices which are permitted or prohibited while on inactive status; provide for the reinstatement of an inactive certificate or license to active status upon certain conditions (including fulfillment of continuing education); authorize the use of certain titles for retired or disabled practitioners; and establish a fee for renewal of inactive certificates and licenses. Additionally, to avoid confusion, all references to “effective” status in the rules are changed to “active” status. This compromise solution is consistent with the goals the Board wished to preserve, while accommodating the practitioner’s desire to have the opportunity to register in inactive status as an alternative to allowing a certificate or license to lapse.

These amendments are subject to waiver or variance pursuant to 193—Chapter 5.

Notice of Intended Action was published in the Iowa Administrative Bulletin on June 12, 2002, as ARC 1666B. No public comment was received. These amendments are identical to those published under Notice of Intended Action.

These amendments were adopted by the Board on July 17, 2002.

These amendments shall become effective September 11, 2002.

These amendments are intended to implement 2001 Iowa Acts, chapter 55.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [5.2(2), 5.6, 5.8, 10.3(4), 10.6(1), 12.1, 19.2(4), 19.3(4)] is being omitted. These amendments are identical to those published under Notice as ARC 1666B, IAB 6/12/02.

[Filed 7/18/02, effective 9/11/02]
[Published 8/7/02]

[For replacement pages for IAC, see IAC Supplement 8/7/02.]

Pursuant to the authority of Iowa Code section 256.7(5), the Iowa Empowerment Board hereby rescinds Chapter 1, “Iowa Empowerment Board,” and adopts new Chapter 1, “Community Empowerment,” Iowa Administrative Code.

This amendment:

• Complies with Executive Order Number 8 in the review, revision and improvement of current rules;

• Allows local community empowerment greater flexibility in community planning to support children and their families;

• Eliminates duplication of phrases and terminology in current rules;

• Makes the language in the rules consistent with the language in the community empowerment documents that are used by community boards and local empowerment areas; and

• Orders and structures the language in the rules to enhance understanding and to increase readability.

Notice of Intended Action was published in the Iowa Administrative Bulletin on April 3, 2002, as ARC 1513B. No public comment was received on these rules. These rules are identical to those published under Notice of Intended Action.

This chapter was adopted by the Iowa Empowerment Board on July 12, 2002.

These rules will become effective September 11, 2002.

These rules are intended to implement Iowa Code chapter 28.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Ch 1] is being omitted. These rules are identical to those published under Notice as ARC 1513B, IAB 4/3/02.

[Filed 7/18/02, effective 9/11/02]
[Published 8/7/02]

[For replacement pages for IAC, see IAC Supplement 8/7/02.]

Pursuant to the authority of Iowa Code sections 217.6 and 234.6, the Department of Human Services amends Chapter 14, “Offset of County Debts Owed Department,” Iowa Administrative Code.

Amendments to correct organizational references related to offset of county debts owed the Department were published in the Iowa Administrative Bulletin on March 6, 2002, as ARC 1418B. An Amended Notice of Intended Action was published in the Iowa Administrative Bulletin on May 1, 2002, as ARC 1594B, to clarify the appeal process to be used when an offset occurs.

These amendments clarify that the first avenue available to a county that disagrees with a notice of liability is to request an administrative review from the Department’s Division of Fiscal Management. If, after review, the Department decides to proceed with an offset, the county has a right to request a contested case proceeding under Iowa Code chapter 17A at the point when the county receives a notice of potential offset from the Department. This proceeding shall conform to the Department’s standard procedures for appeals and hearings, as provided in 441—Chapter 7.

The Department received comments regarding the accuracy of billings, the information provided to counties about disputed billings, the time frames for county action and Department response, and the order in which offsets are applied to funds. In response to these comments, the Department has made the following changes to the Notice of Intended Action:

• Subrule 14.2(1), paragraph “a,” is amended to require the Department to provide the patient or client name and dates of service, as well as the amount due.

• Several time frames are changed to 30 calendar days.

• A requirement that the Division of Fiscal Management notify the county in writing of the findings of the review within 30 days of receipt of a review request is added in subrule 14.2(3).

• The number “217” is added to the parenthetical implementation for each rule in this chapter, indicating the Iowa Code chapter being implemented.

These amendments do not provide for waivers in specified situations because these amendments merely correct organizational references and clarify the offset review and appeal process. The same process should apply in all cases.

The Council on Human Services adopted these amendments on July 10, 2002.

These amendments are intended to implement Iowa Code sections 217.6 and 234.6.

These amendments will become effective on September 11, 2002.

The following amendments are adopted.

ITEM 1. Amend the parenthetical implementation for rules 441—14.1(234) to 441—14.6(234) as follows:

(217,234)

ITEM 2. Amend subrule 14.2(1), paragraphs “a” and “c,” as follows:

a. State the amount due, the name of the patient or client, and the dates of service.

c. Require the county to send a written response request for review to the bureau of finance division of fiscal management within 20 30 calendar days of the date of notification if the county disputes the bill.

ITEM 3. Rescind subrule 14.2(2) and adopt the following new subrule in lieu thereof:

14.2(2) Request for administrative review. The county may request an administrative review by providing to the division of fiscal management within 30 calendar days of the date of the notice of liability a written response that states why the county disagrees with the amount owed. The county shall provide any relevant legal citations, client identifiers, and any additional information supporting the county’s position.

ITEM 4. Amend subrule 14.2(3) as follows:

Amend the introductory paragraph and paragraph “a” as follows:

14.2(3) Review Administrative review of county response regarding debt. The bureau of finance division of fiscal management shall review within ten 30 calendar days of receipt of the written response request the basis for the bill and the county’s position as stated in the written response request for review. The division of fiscal management shall notify the county of the findings of the review in writing within 30 days of receipt of the written request.

a. The bureau of finance division shall make the necessary adjustments to subsequent billings sent to the county when the bureau of finance division agrees with the county’s position regarding the liability and shall so notify the county.

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

b. Any further disputes concerning the amount due shall be addressed when the offset notice is issued pursuant to rule 441—14.4(217,234).

ITEM 5. Amend rule 441—14.3(234) as follows:

14.3(1) Notification to department of revenue and finance. The bureau of finance division of fiscal management shall provide to the department of revenue and finance a list of the counties with amounts owed as established through rule 441—14.2(217,234). This list shall be maintained by the department of revenue and finance in a liability file.

14.3(2) Notification of change. The bureau of finance division of fiscal management shall notify the department of revenue and finance of any change in the status of a debt in the liability file within 30 calendar days from the occurrence of the change.

14.3(3) Certification of file. The bureau of finance division of fiscal management shall certify the file to the department of revenue and finance semiannually in a manner prescribed by the department of revenue and finance.

ITEM 6. Amend subrule 14.4(1) as follows:

Amend the introductory paragraph as follows:

14.4(1) Notice. The bureau of finance division of fiscal management shall send notification to the county within ten calendar days from the date the bureau of finance is notified by department of revenue and finance notifies the department of revenue and finance division of a potential offset. This notification shall include:

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

e. The county’s right to appeal the offset pursuant to 441—Chapter 7. The county shall have 30 days to request an appeal. The procedure the county follows request for appeal is: should include any relevant legal citations and any additional information supporting the county’s position.

Further amend paragraph “e” by rescinding subparagraphs (1) and (2).

Amend paragraph “f” as follows:

f. The county shall waive any right to appeal if the county fails to respond within 20 30 calendar days of the date of the notification.

Amend paragraph “g” as follows:

g. The bureau of finance telephone number for the county to contact in the case of questions.

ITEM 7. Amend rule 441—14.5(234) as follows:

Amend the introductory paragraph as follows:

441—14.5(217,234) Review of county response regarding offset Implementing the final decision. The bureau of finance shall review within ten calendar days of receipt of the written response the basis for the offset and the county’s position as stated in the written appeal. When the final decision issued pursuant to rule 441—7.16(17A) upholds the department’s action or modifies the amount of offset, the division of fiscal management shall certify to the department of revenue and finance that the requirements for offset under Iowa Code section 421.17 have been met. When the final decision reverses the department’s action, the division of fiscal management shall notify the department of revenue and finance to release the offset.

Rescind subrules 14.5(1) and 14.5(2).

ITEM 8. Amend subrule 14.6(2) as follows:

14.6(2) Notification to county. Once the offset has been completed, the bureau of finance division of fiscal management shall notify the county of the action taken along with the balance, if any, still due to the department.

ITEM 9. Amend 441—Chapter 14, implementation clause, as follows:

These rules are intended to implement Iowa Code section sections 217.6 and 234.6.

[Filed 7/15/02, effective 9/11/02]

[Published 8/7/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 8/7/02.

Pursuant to the authority of Iowa Code sections 217.6 and 249A.4 and 2001 Iowa Acts, chapter 191, section 11, subsection 1, and section 49, the Department of Human Services amends Chapter 51, “Eligibility,” and Chapter 52, “Payment,” Iowa Administrative Code.

These amendments were Adopted and Filed Emergency and published in the Iowa Administrative Bulletin on May 29, 2002, as ARC 1665B. Notice of Intended Action was published on the same date as ARC 1647B. The Department received no comments on the Notice of Intended Action. These amendments are identical to the amendments published under Notice of Intended Action and Adopted and Filed Emergency.

These amendments make adjustments to the State Supplementary Assistance program to reflect conversion to a new method of meeting federal requirements to pass along increases in federal Supplemental Security Income (SSI) benefits. Meeting the “pass–along” requirements is a condition of the state’s eligibility to receive federal Medicaid reimbursement.

Federal regulations at 20 Code of Federal Regulations, Subpart T, offer two methods for states to demonstrate that they meet “pass–along” requirements. With these amendments, Iowa changes from using the “total expenditures” method to the “maintenance–of–payment–levels” method. To meet the new standard, the payment level for each category of assistance must be at least equal to the level in effect in March 1983, increased by any subsequent increases in SSI benefits. All of Iowa’s current State Supplementary Assistance payment levels passed this test except for those to people in family–life homes and people with dependent relatives.

These amendments provide for an increase of $2 per month in payment levels for each category of “dependent person” payments, affecting approximately 885 people, and an increase of $80 per month in the payment level for people in a family–life home, affecting approximately 10 people. These increases are retroactive to January 1, 2002.

The Department has determined that increasing payments for these two categories for calendar year 2002 will result in savings in the long run, by allowing the Department to analyze all of the State Supplementary Assistance payment levels only once each year when SSI benefits increase, instead of trying to maintain a constant level of expenditures.

The amendments do not provide for waivers in specified situations because the amendments confer a benefit on those affected. There is no provision for a waiver of the amounts set, as everyone should be subject to the same payment amounts.

The Council on Human Services adopted these amendments on July 10, 2002.

These amendments shall become effective on October 1, 2002, at which time the Adopted and Filed Emergency amendments are rescinded.

These amendments are intended to implement Iowa Code sections 249.3 and 249.4 and 2001 Iowa Acts, chapter 191, section 11, subsection 2.

The following amendments are adopted.

ITEM 1. Amend subrule 51.4(1) as follows:

51.4(1) Income. Income of a dependent relative shall be less than $273 $275, effective January 1, 2002. When the dependent’s income is from earnings, an exemption of $65 shall be allowed to cover work expense.

ITEM 2. Amend rule 441—52.1(249) as follows:

Amend subrule 52.1(1) as follows:

52.1(1) Protective living arrangement. The following assistance standards have been established for state supplementary assistance for persons living in a protective living arrangement: Family family–life home certified under rules in 441—Chapter 111, effective January 1, 2002.

Amend subrule 52.1(2) as follows:

52.1(2) Dependent relative. The following assistance standards have been established for state supplementary assistance for dependent relatives residing in a recipient’s home, effective January 1, 2002.

a. Aged or disabled client and a
dependent relative $818 $820

b. Aged or disabled client, eligible
spouse, and a dependent relative $1090 $1092

c. Blind client and a dependent relative $840 $842

d. Blind client, aged or disabled spouse,
and a dependent relative $1112 $1114

e. Blind client, blind spouse, and a
dependent relative $1134 $1136

[Filed 7/15/02, effective 10/1/02]

[Published 8/7/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 8/7/02.

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services hereby amends Chapter 77, “Conditions of Participation for Providers of Medical and Remedial Care,” Chapter 78, “Amount, Duration, and Scope of Medical and Remedial Services,” Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” and Chapter 83, “Medicaid Waiver Services,” Iowa Administrative Code.

These amendments:

• Impose age limits on providers.

• Prohibit the spouse of a consumer or the parent or stepparent of consumer who is a minor from being a paid provider of waiver services to that consumer.

• Allow providers certified for supported community services under the brain injury waiver to provide interim medical monitoring and treatment services under the brain injury, ill and handicapped, and mental retardation waivers. Under the current rules, only supported community living providers certified under the mental retardation waiver are allowed to provide these services.

• Remove restrictions on four–bed supported community living units under the brain injury and mental retardation waivers.

• Remove the restriction on payment for home and vehicle modifications to $500 per month under the home– and community–based services brain injury, ill and handicapped, and physical disability waivers. Under current rules, the total cost of modifications in a year can be up to $6,000, but payment is released only $500 at a time. These amendments allow full payment to the provider upon completion of the modification. Up to $500 of the cost is encumbered monthly against the maximum allowable cost of service until the cost is amortized. The annual limit remains at $6,000.

• Allow the unit of transportation services established by the area agency on aging and establish the rate set by the area agency on aging as the upper limit for reimbursement of transportation services under the brain injury and physical disability waivers, except when services are provided by an individual. This change makes transportation units and rates consistent across all waivers that cover transportation services.

• Set the basis of reimbursement and reimbursement limits for supported community living providers providing interim medical monitoring and treatment services. Rates cannot exceed $32.62 per hour or the daily rate for ICF/MR care.

• Limit the annual adjustment of retrospectively adjusted prospective rates to the lower of the actual reconciled rate based on the provider’s cost report or the previous rate adjusted by the consumer price index for the preceding state fiscal year.

• Remove requirements for the use of several forms made unnecessary by the Individualized Services Information System.

• Correct form names and numbers, organizational references, and terminology.

Notice of Intended Action on these amendments was published in the Iowa Administrative Bulletin on May 1, 2002, as ARC 1595B. The Department held eight public hearings on the Notice and received seven written comments. As a result of these comments, the following changes have been made to the Notice of Intended Action:

• In rules 441—77.30(249A), 77.33(249A), 77.34(249A), 77.37(249A), 77.39(249A) and 77.41(249A), the age limit for providers of home– and community–based waiver services has been lowered to 16 years old, provided that people who are aged 16 or 17 are employed and supervised by an enrolled HCBS provider. (The requirement that providers of consumer–directed attendant care be at least 18 years old remains unchanged.)

• Proposed changes to subrule 77.37(14), paragraph “e,” subparagraph (2), have been deferred to later rule making, based on 2002 Iowa Acts, House File 2416.

• References to the specific sections of the assessment forms where consumers sign to indicate their choice of waiver services over institutional services have been removed.

• The assessment form reference for the HCBS mental retardation waiver in subrule 83.62(4) has been corrected to Form 470–3073, Mental Retardation Functional Assessment Tool.

• Overlooked references to the “case plan” have been changed to the current terminology, “service plan.”

• Requirements for service plan approval for the HCBS mental retardation waiver in subrule 83.67(9), introductory paragraph, have been rewritten to reflect the use of the Individualized Services Information System. The paragraph now reads as follows:

“83.67(9) Approval of plan. The plan shall be approved through the Individualized Services Information System (ISIS). Services shall be entered into ISIS based on the service plan.”

These amendments do not provide for waivers in specified situations because they only clarify or update terminology, confer benefits to consumers, providers, or Department staff, or are needed to assist in compliance with CMS requirements. Individual consumers and providers may request waivers under the Department’s general rule on exceptions at rule 441—1.8(17A,217).

The Council on Human Services adopted these amendments on July 10, 2002.

These amendments are intended to implement Iowa Code sections 135C.6, 249A.4, and 249A.12.

These amendments shall become effective on October 1, 2002.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [amendments to Chs 77 to 79, 83] is being omitted. With the exception of the changes noted above, these amendments are identical to those published under Notice as ARC 1595B, IAB 5/1/02.

[Filed 7/15/02, effective 10/1/02]
[Published 8/7/02]

[For replacement pages for IAC, see IAC Supplement 8/7/02.]

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

These amendments change the basis of Medicaid reimbursement for rehabilitation agencies from a cost–based system to a fee schedule, consistent with a change in reimbursement policies in the federal Medicare program. Rehabilitation agencies must be certified to participate in Medicare as a condition of participating in Iowa Medicaid, and Medicaid has historically reimbursed these agencies at the Medicare rate. Iowa Medicaid has relied on Medicare cost reports and does not have the resources to begin analyzing cost reports now that Medicare no longer uses them.

Notice of Intended Action was published in the Iowa Administrative Bulletin on May 29, 2002, as ARC 1648B. The Department received no comments on the Notice of Intended Action. These amendments are identical to those published under Notice.

The Council on Human Services adopted these amendments on July 10, 2002.

These amendments do not provide for waivers in specified situations because not having to complete a cost report is a benefit to providers and because reimbursement rates for all rehabilitation agencies should be based on a uniform methodology.

These amendments will become effective on October 1, 2002.

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

The following amendments are adopted.

ITEM 1. Amend subrule 79.1(2), provider category “rehabilitation agencies,” as follows:

ITEM 2. Adopt the following new subrule:

79.1(21) Rehabilitation agencies. Subject to the Medicaid upper limit in 79.1(2), payments to rehabilitation agencies shall be made as provided in the areawide fee schedule established for Medicare by the Centers for Medicare and Medicaid Services (CMS). The Medicare fee schedule is based on the definitions of procedures from the physicians’ Current Procedural Terminology (CPT) published by the American Medical Association. CMS adjusts the fee schedules annually to reflect changes in the consumer price index for all urban customers.

[Filed 7/15/02, effective 10/1/02]

[Published 8/7/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 8/7/02.

Pursuant to the authority of Iowa Code section 507B.12, the Insurance Division hereby amends Chapter 16, “Replacement of Life Insurance and Annuities,” Iowa Administrative Code.

The amendment rescinds Division I. Rules 191— 16.21(507B) to 191—16.30(507B) in current Division II, which became effective July 1, 2000, are now intended to conform the administrative rules to Iowa Code chapter 507B and to regulate the replacement of life insurance and annuities.

Notice of Intended Action was published in the June 12, 2002, Iowa Administrative Bulletin as ARC 1698B. No comments were received. This amendment is identical to that published under Notice.

This amendment is intended to implement Iowa Code chapter 507B.

This amendment will become effective September 11, 2002.

The following amendment is adopted.

Rescind 191—Chapter 16, Division I.

[Filed 7/19/02, effective 9/11/02]

[Published 8/7/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 8/7/02.

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

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

This amendment was published in the Iowa Administrative Bulletin on May 15, 2002, as ARC 1616B. This amendment is identical to that published under Notice.

This amendment will become effective September 11, 2002.

This amendment is intended to implement Iowa Code section 8.2.

The following amendment is adopted.

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

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

[Filed 7/18/02, effective 9/11/02]

[Published 8/7/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 8/7/02.

Pursuant to the authority of Iowa Code section 147.76, the Board of Examiners for Nursing Home Administrators hereby rescinds Chapter 140, “Administrative and Regulatory Authority,” and adopts new Chapter 140, “Administrative and Regulatory Authority for the Board of Examiners for Nursing Home Administrators,” Iowa Administrative Code.

The amendment adopts new rules concerning the purpose of the Board, organization and proceedings of the Board, official communications, office hours, and public meetings.

Notice of Intended Action was published in the Iowa Administrative Bulletin on May 1, 2002, as ARC 1590B. A public hearing was held on May 21, 2002, from 9 to 11 a.m. in the Professional Licensure Conference Room, Fifth Floor, Lucas State Office Building, Des Moines, Iowa. The Board received no public comments on the rules.

The following changes have been made to the Notice of Intended Action:

• Paragraph “j” was added to subrule 140.3(8) to include other functions if the Board is granted authority by a provision of law. The paragraph reads as follows:

“j. Perform any other functions authorized by a provision of law.”

• New subrule 140.4(3) was added to require that licensees notify the Board of a change of name. The subrule reads as follows:

“140.4(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.”

This amendment was adopted by the Board of Examiners for Nursing Home Administrators on July 11, 2002.

This amendment will become effective September 11, 2002.

This amendment is intended to implement Iowa Code section 147.76 and chapters 17A, 155 and 272C.

The following amendment is adopted.

Rescind 645—Chapter 140 and adopt the following new chapter in lieu thereof:

CHAPTER 140
ADMINISTRATIVE AND REGULATORY AUTHORITY
FOR THE BOARD OF EXAMINERS FOR
NURSING HOME ADMINISTRATORS

“Board” means the board of examiners for nursing home administrators.

“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 as a nursing home administrator under the laws of this state.

“Licensee” means a person licensed to practice as a nursing home administrator in the state of Iowa.

“Nursing home” means any institution or facility, or part thereof, defined as such for licensing purposes under state law or pursuant to the rules for nursing homes established by the department of inspections and appeals, whether proprietary or nonproprietary, including but not limited to nursing homes owned and administered by the federal or state government or any agency or political subdivision thereof.

“Nursing home administrator” means a person who administers, manages, supervises, or is in general administrative charge of a nursing home whether or not such individual has an ownership interest in such home and whether or not the individual’s functions and duties are shared with one or more individuals. A member of a board of directors, unless also serving in a supervisory or managerial capacity, shall not be considered a nursing home administrator.

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

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

645—140.2(17A,155) Purpose of board. The purpose of the board is to administer and enforce the provisions of Iowa Code chapters 17A, 147, 155 and 272C with regard to practicing as a nursing home administrator. 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 the rules of the licensure board. Responsibilities include, but are not limited to:

140.2(1) Licensing of qualified applicants by examination, renewal, endorsement, and reciprocity.

140.2(2) Developing and administering a program of continuing education to ensure the continued competency of individuals licensed by the board.

140.2(3) Imposing discipline on licensees as provided by statute or rule.

140.3(1) The board is composed of nine members appointed by the governor and confirmed by the senate.

140.3(2) The members of the board shall include:

a. Four members who shall be licensed nursing home administrators, one of whom shall be an administrator of a nonproprietary nursing home;

b. Three members shall be persons who are licensed members of any of the professions concerned with the care and treatment of chronically ill or elderly patients and who are not nursing home administrators or nursing home owners; and

c. Two members who are not licensed nursing home administrators or licensed persons under Iowa Code chapter 147 and who shall represent the general public. The members shall be interested in the problems of elderly patients and nursing home care, but shall have no financial interest in any nursing home.

140.3(3) The board shall elect a chairperson, vice chairperson, and secretary from its membership at the first meeting after April 30 of each year.

140.3(4) The board shall hold at least one annual meeting.

140.3(5) A majority of the members of the board shall constitute a quorum.

140.3(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.

140.3(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.

140.3(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 practicing as a nursing home administrator upon receipt of a complaint or upon the board’s own initiation. The investigation will be based on information or evidence received by the board.

f. Initiate and impose licensee discipline.

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

h. Establish and register peer reviewers.

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

j. Perform any other functions authorized by a provision of law.

140.4(1) All official communications, including submissions and requests, may be addressed to the Board of Examiners for Nursing Home Administrators, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319–0075.

140.4(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.

140.4(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—140.5(17A) Office hours. The board office is open for public business from 8 a.m. to 4:30 p.m., Monday to Friday of each week, except holidays.

645—140.6(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.

140.6(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.

140.6(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, 155 and 272C.

[Filed 7/18/02, effective 9/11/02]

[Published 8/7/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 8/7/02.

Pursuant to the authority of Iowa Code section 147.76, the Board of Optometry Examiners hereby rescinds Chapter 179, “Board of Optometry Examiners,” and adopts new Chapter 179, “Administrative and Regulatory Authority for the Board of Optometry Examiners”; amends Chapter 180, “Licensure of Optometrists,” and Chapter 181, “Continuing Education for Optometrists”; and renumbers Chapter 182, “Discipline for Optometrists,” and Chapter 183, “Fees,” as Chapter 183 and Chapter 184; and adopts new Chapter 182, “Practice of Optometrists,” Iowa Administrative Code.

The amendments rescind the current rules about the organization and purpose of the Board and adopt new rules covering the purpose of the Board, organization and proceedings of the Board, official communications, office hours, and public meetings. The amendments move definitions relating to optometry from Chapter 179 to Chapter 180 and establish a new Chapter 182 covering the practice of optometrists; however, the language has not been revised.

Notice of Intended Action was published in the Iowa Administrative Bulletin on May 15, 2002, as ARC 1600B. A public hearing was held on June 5, 2002, from 9 to 11 a.m. in the Professional Licensure Conference Room, Fifth Floor, Lucas State Office Building, Des Moines, Iowa. One written comment was received on the Notice. The suggestion was made to change the definition for “peer review” to require the reviewer to hold the same license as the practitioner whose care is being reviewed. The change is not being made at this time because the definition of “peer review” is consistent with language used for other boards.

The following change has been made to the Notice of Intended Action:

• Paragraph “j” was added to subrule 179.3(8) to include other functions if the Board is granted authority by a provision of law. The paragraph reads as follows:

“j. Perform any other functions authorized by a provision of law.”

These amendments were adopted by the Board of Optometry Examiners on July 18, 2002.

These amendments will become effective September 11, 2002.

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

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [Ch 179; 180.1, 181.9; Chs 182 to 184] is being omitted. With the exception of the change noted above, these amendments are identical to those published under Notice as ARC 1600B, IAB 5/15/02.

[Filed 7/18/02, effective 9/11/02]
[Published 8/7/02]

[For replacement pages for IAC, see IAC Supplement 8/7/02.]

Pursuant to the authority of Iowa Code section 147.76, the Board of Podiatry Examiners hereby rescinds Chapter 219, “Board of Podiatry Examiners,” and adopts new Chapter 219, “Administrative and Regulatory Authority for the Board of Podiatry Examiners,” and new Chapter 223, “Practice of Podiatry,” Iowa Administrative Code.

The amendments rescind the current rules about the organization and purpose of the Board and adopt new rules covering the purpose of the Board, organization and proceedings of the Board, official communications, office hours, and public meetings. The amendments also establish a new practice chapter by relocating the rules that apply to the practice of podiatry, but the practice requirements have not changed.

Notice of Intended Action was published in the Iowa Administrative Bulletin on May 15, 2002, as ARC 1599B. A public hearing was held on June 5, 2002, from 9 to 11 a.m. in the Professional Licensure Conference Room, Fifth Floor, Lucas State Office Building, Des Moines, Iowa. The Board received one written response which recommended that the definition of “peer review” be amended to indicate that peer review should be performed by a professional practitioner holding the same license as the practitioner whose care is being reviewed. This change is not being made at this time because the definition of “peer review” is consistent with language used for other boards.

The following changes have been made to the Notice of Intended Action:

• A reference to Iowa Code chapter 149 was added to rule 645—219.2(17A) and also to the implementation sentence at the end of Chapter 219. The introductory paragraph of rule 645—219.2(17A) now reads as follows:

“645—219.2(17A) Purpose of board. The purpose of the board is to administer and enforce the provisions of Iowa Code chapters 17A, 147, 149, and 272C with regard to the practice of podiatry. The mission of the board is to protect the public health, safety and welfare by licensing qualified individuals who provide services to consumers and by fair and consistent enforcement of the statutes and rules of the licensure board. Responsibilities include, but are not limited to:”

• Paragraph “j” was added to subrule 219.3(8) to specify that the Board may perform other functions if the Board is granted authority by a provision of law. The paragraph reads as follows:

“j. Perform any other functions authorized by a provision of law.”

These amendments were adopted by the Board of Podiatry Examiners on July 12, 2002.

These amendments will become effective September 11, 2002.

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

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Chs 219, 223] is being omitted. With the exception of the changes noted above, these rules are identical to those published under Notice as ARC 1599B, IAB 5/15/02.

[Filed 7/18/02, effective 9/11/02]
[Published 8/7/02]

[For replacement pages for IAC, see IAC Supplement 8/7/02.]

Pursuant to the authority of Iowa Code section 147.76, the Board of Physician Assistant Examiners hereby rescinds Chapter 325, “Physician Assistants,” and adopts new Chapter 325, “Board of Physician Assistant Examiners,” Chapter 326, “Licensure of Physician Assistants,” and Chapter 327, “Practice of Physician Assistants”; amends Chapter 328, “Continuing Education for Physician Assistants”; and adopts new Chapter 329, “Discipline for Physician Assistants,” and Chapter 330, “Fees,” Iowa Administrative Code.

These amendments rescind the current rules regarding licensure and fees, adopt new chapters for licensure and fees, and amend the chapter on continuing education. Chapters covering the requirements for practice and discipline of physician assistants will be reviewed later this year.

Notice of Intended Action was published in the Iowa Administrative Bulletin on April 3, 2002, as ARC 1495B. A public hearing was held on April 23, 2002, from 9 to 11 a.m. in the Professional Licensure Conference Room, Fifth Floor, Lucas State Office Building, Des Moines, Iowa. Eight written comments were received. The Board discussed the comments that were received and has made the following changes based on those comments:

• In paragraph “a” of subrule 326.3(3), the phrase “comply with” was changed to “meet,” and a reference to subrule 326.3(1) was added. The paragraph reads as follows:

“a. The applicant shall meet the requirements for temporary registrations in subrules 326.2(3) and 326.3(1).”

• Rule 645—326.6(148C), regarding requirements for foreign–trained applicants, was not adopted based on comments opposing the rule. Commenters noted that currently, there are no recognized training programs for PAs outside the United States. The subsequent rules in Chapter 326 were renumbered accordingly.

• The late fee noted in the reinstatement table in subrule 326.8(6) and in subrule 330.1(6) was reduced from $100 to $50 to be consistent with fees charged by other boards.

• Rule 645—326.13(148C) was reworded because persons commenting on the rule voiced concern that the noticed rule would place additional demands on programs and on the Board. Rule 645—326.13(148C) reads as follows:

“645—326.13(148C) Recognition of an approved program. The board shall recognize a program for education and training of physician assistants if it meets the criteria of the Accreditation Review Commission on Education for the Physician Assistant, or its successor agency.”

• Subrule 330.1(3) of the Notice was not adopted because there will be no application fee for an approved program.

These amendments were adopted by the Board of Physician Assistant Examiners on July 17, 2002.

These amendments will become effective September 11, 2002.

These amendments are intended to implement Iowa Code chapters 17A, 147, 148C and 272C.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [Chs 325 to 327; 328.5, 328.7; Chs 329, 330] is being omitted. With the exception of the changes noted above, these amendments are identical to those published under Notice as ARC 1495B, IAB 4/3/02.

[Filed 7/19/02, effective 9/11/02]
[Published 8/7/02]

[For replacement pages for IAC, see IAC Supplement 8/7/02.]

Pursuant to the authority of Iowa Code section 135.11(1), the Department of Public Health hereby amends Chapter 74, “Family Planning Services,” Iowa Administrative Code.

The purpose of revising Chapter 74 is to update the language to reflect the current Department organization and current program policies. The language was revised for consistency with other public health chapters. The description of the Maternal and Child Health Advisory Council was revised to be consistent with Chapter 76. The grant application process was revised to make it consistent with current grant application policy. The performance standards section was revised to reflect current practice and to change the word “waiver” to “exception.”

Notice of Intended Action was published in the Iowa Administrative Bulletin on May 29, 2002, as ARC 1632B.

A public hearing was held on Monday, June 24, 2002, from 10 to 11 a.m. in Room 518, Lucas State Office Building, 321 East 12th Street, Des Moines. No comments were received.

The Iowa State Board of Health adopted these amendments on July 10, 2002.

These amendments will become effective on September 11, 2002.

These amendments are intended to implement Iowa Code chapter 135.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [74.1, 74.2, 74.4 to 74.6, 74.7(1), 74.7(3), 74.8, 74.9(2) to 74.9(4), 74.10, 74.12(1)] is being omitted. These amendments are identical to those published under Notice as ARC 1632B, IAB 5/29/02.

[Filed 7/18/02, effective 9/11/02]
[Published 8/7/02]

[For replacement pages for IAC, see IAC Supplement 8/7/02.]

Pursuant to the authority of Iowa Code section 17A.3 and Iowa Code Supplement sections 135.11(28) and 136.3(7), the Department of Public Health hereby adopts Chapter 112, “Biological Agent Risk Assessment,” Iowa Administrative Code.

The purpose of these rules is to protect the citizens of Iowa from exposure to select biological agents, which are or have the potential to be biological weapons. These rules include the establishment of a biosecurity council to advise the Department on biosecurity issues and to recommend guidelines to protect the citizens of Iowa from exposure to select biological agents.

Notice of Intended Action was published on May 29, 2002, as ARC 1654B.

Written comments or suggestions on the proposed rules were taken from interested parties through June 18, 2002, and a public hearing was held on Friday, June 21, 2002. Several comments were received and incorporated into the proposed rules:

1. The state public health medical director recommended that the biosecurity council be able to modify the assessment criteria based on new scientific information, treatments, or public perceptions or any combination thereof.

2. The Emergency Management Division (EMD) recommended that the EMD administrator be added to the membership of the biosecurity council.

3. The Iowa Civil Liberties Union requested that the definition of “biological agent” be changed to the definition used in federal law and that 112.4(5) be amended to limit confidential information to the risk assessment questionnaire, the report, security guidelines and any other information relating to the intent of the rules.

4. Quest Diagnostics Incorporated and the College of American Pathologists requested that clinical laboratories and diagnostic laboratories be added to the exceptions.

All comments resulted in changes to the proposed rules.

The Department has determined that these rules are not subject to waiver or variance.

These rules will become effective September 11, 2002.

These rules are intended to implement Iowa Code Supplement section 135.11(28).

The following new chapter is adopted.

CHAPTER 112
BIOLOGICAL AGENT RISK ASSESSMENT

641—112.1(135) Purpose. The purpose of a statewide biological agent risk assessment is to protect the citizens of Iowa from exposure to biological agents which are or have the potential to be biological weapons. In order to protect the public health, the department is charged with identifying sources, locations, safety and security of select biological agents.

641—112.2(135) Definitions. For the purposes of these rules, the following definitions shall apply:

“Biological agent” means any microorganism (including bacteria, viruses, fungi, rickettsiae or protozoa), pathogen, or infectious substance, toxin, or any naturally occurring, bioengineered or synthesized component of any such micro–organism, pathogen or infectious substance, whatever its origin or method of production.

“Biosecurity council” or “council” means a council established by the director to advise the department on biosecurity issues and to recommend guidelines to protect the citizens of Iowa from exposure to select biological agents.

“CDC” means the Centers for Disease Control and Prevention.

“Department” means the Iowa department of public health.

“Director” means the director of the Iowa department of public health.

“DOJ” means the federal Department of Justice.

“EMD” means the emergency management division of the department of public defense.

“FBI” means Federal Bureau of Investigation.

“HHS” means the federal Department of Health and Human Services.

“Laboratory” means a facility for the examination of biological, microbiological, serological, chemical, immunohematological, hematological, biophysical, cytological or pathological materials or other materials derived from humans, animals, or plants to provide information for the diagnosis, prevention or treatment of any disease or impairment of, or for the assessment of the health of, humans, animals, or plants.

“Lethality” or “L” means the relative power and degree of pathogenicity possessed by organisms to produce disease.

“Select biological agent” means a biological agent identified by the director, upon recommendation from the biosecurity council, for heightened monitoring and security, including but not limited to any biological agent that is listed as a Category A, B, or C biological agent by the Centers for Disease Control and Prevention, any agent identified as a select agent in the Code of Federal Regulations, Title 42, Part 72, Appendix A, and any biological agent identified by the United States Army Medical Research Institute of Infectious Diseases as appropriate for a heightened level of monitoring and security.

“Suitability” or “S” means suitability for weaponization.

“Transmissibility” or “T” means degree of contagion.

“USAMRIID” means the United States Army Medical Research Institute of Infectious Diseases.

“Weaponization” means manipulation of a biological agent to increase the potential for use as a weapon.

641—112.3(135) Biosecurity council established. The director shall appoint a biosecurity council to advise the department on biosecurity issues and to recommend guidelines to protect the citizens of Iowa from exposure to select biological agents.

112.3(1) The council shall, at a minimum, consist of the following members:

a. The director of the department of public health;

b. The governor’s homeland security advisor;

c. The director of the University of Iowa Hygienic Laboratory;

d. A representative from the FBI as made available by the director of the FBI or a representative of the U.S. Secret Service as made available by the director of the U.S. Secret Service;

e. A representative appointed by the Iowa adjutant general;

f. A representative from the Iowa attorney general’s office;

g. The medical director of the department of public health;

h. The executive director of the office of disease epidemiology and disaster preparedness, department of public health;

i. A microbiologist at the master’s or doctorate level who has expertise in human microbiology;

j. A microbiologist at the master’s or doctorate level who has expertise in zoonosis;

k. A biological safety professional; and

l. The emergency management division administrator.

112.3(2) The council shall make recommendations to the department on classification of select biological agents, select biological agent risk assessment guidelines, and security guidelines.

112.3(3) Security guidelines shall be consistent with applicable state and federal laws, including but not limited to specific antiterrorism regulations of HHS and DOJ.

112.4(1) Questionnaire.

a. Duty to complete and submit. Any laboratory, clinic, research facility, commercial enterprise, or other entity which possesses select biological agents shall complete and submit to EMD a biological agent risk assessment questionnaire on an annual basis or more frequently as requested by EMD. The questionnaire shall identify the select biological agents possessed and shall contain such other information as required by the department and EMD.

b. Purpose and use. The questionnaires shall be used in the development of the critical asset protection plan prepared pursuant to Iowa Code section 29C.8. EMD shall provide the department with the completed questionnaires for the purpose of preparing relevant security guidelines. The department shall not redisseminate the information contained in the questionnaires.

112.4(2) Assessment criteria. The criteria for assessing the risk of a select biological agent shall be based on, but not limited to, current CDC guidelines, recommendations from USAMRIID, recommendations from the biosecurity council, and this subrule. The biosecurity council may modify the criteria based on new scientific information, treatments, or public perceptions, or any combination thereof.

a. Biological agent rating criteria. Biological agents shall be rated by the department based on the following three categories:

(1) Transmissibility (T). 0 = nontransmissible, 1 = transmissible only by injection, sexual interface or bite, 2 = transmissible by ingestion, 3 = transmissible by air or touch.

(2) Lethality (L). 0 = nonlethal, 1 = 0–25 percent mortality, 2 = 26–50 percent mortality, 3 = 51–100 percent mortality.

(3) Suitability for or degree of weaponization (S). 0 = not suitable, 1 = suitable but not modified, 2 = modified for antibiotic resistance or improved environmental resilience, 3 = modified and packaged for effective delivery on a mass scale.

b. The final rating for a biological agent is determined by adding the score the biological agent received in each of the three categories (T + L + S = biological agent rating).

112.4(3) On–site examination.

a. Notification. The department or its designee may conduct an on–site examination of any premises containing select biological agents. Prior to conducting the on–site examination, the department shall notify the owner or person in charge of the premises.

b. Examination. An on–site examination shall include each of the following components:

(1) A review of laboratory safety and security policies and procedures;

(2) A review of external and internal access to the premises;

(3) A review of access controls to areas where select biological agents are used and stored;

(4) A review of employee, student and visitor access to the premises, including the identification required to access the premises and the method of recording access to the premises;

(5) A review of background and security clearance measures implemented;

(6) A review of the screening process for packages brought into or taken out of the premises;

(7) A review of the emergency plan;

(8) A review of appropriate biocontainment within a laboratory;

(9) A review of the training and knowledge of research staff;

(10) A review of the process for reporting and investigating breach–of–security incidents;

(11) A review of disposal procedures; and

(12) A tour of the premises to view access security, select biological agent locations, storage, inventory, records, coding and database procedures.

c. Administrative search warrant. If the owner or person in charge of the premises refuses the department’s employee or designee admittance or if the department’s employee or designee is not permitted to conduct a full examination, the department may obtain an administrative search warrant under Iowa Code section 808.14.

112.4(4) Security guidelines. After a biological agent risk assessment questionnaire has been completed and the on–site examination has been conducted, the department shall provide the entity with a biological agent risk assessment report and security guidelines. A select biological agent which is listed as a CDC Category A biological agent or as determined by the biosecurity council shall be maintained in accordance with maximum security guidelines as established by the biosecurity council and the director.

112.4(5) Confidentiality. The biological agent risk assessment questionnaire, the biological agent risk report and security guidelines, and any other information if it relates to the imminent threat of death, disease, biological malfunction in a human, animal, plant or other living thing, deterioration of food, water, equipment, supplies, or a deleterious alteration of the environment provided to or by EMD or the department pursuant to this chapter may be considered critical asset protection plan information and may be maintained as confidential pursuant to Iowa Code section 22.7(43).

641—112.5(135) Requests for biological agent information. A laboratory, clinic, research facility, commercial enterprise, or other entity which possesses select biological agents shall respond to written requests from the department regarding the presence, location, and security of biological agents within 30 days of the request. In the event of a disaster emergency, a laboratory, clinic, research facility, commercial enterprise, or other entity which possesses select biological agents shall immediately respond to a request from the department or its designee regarding the presence, location, and security of biological agents.

112.6(1) The requirements of this chapter are not applicable to hospital laboratories which possess select biological agents solely as a result of a patient culture provided that the culture is destroyed within 14 days after referral to and confirmation by the University of Iowa Hygienic Laboratory or other laboratory approved by the council.

112.6(2) The requirements of this chapter are not applicable to a person who detects a biological agent in a clinical or environmental sample for the purpose of diagnosing disease, epidemiological surveillance, exposure assessment, reference, verification or proficiency testing, and who discards the agent within 14 calendar days. If a biological agent is kept for more than 14 calendar days, the laboratory shall provide written notice to the department identifying the agent and reason for continued or extended possession.

These rules are intended to implement Iowa Code Supplement section 135.11(28).

[Filed 7/18/02, effective 9/11/02]

[Published 8/7/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 8/7/02.

Pursuant to the authority of Iowa Code section 147A.4, the Department of Public Health hereby rescinds Chapter 130, “Emergency Medical Services Training Grants,” and Chapter 140, “Emergency Medical Services Fund Grants,” and adopts new Chapter 140, “Emergency Medical Services System Development Grants Fund,” Iowa Administrative Code.

New Chapter 140 simplifies and streamlines the funding process to local EMS services for equipment, training, and EMS system development under a single contract. This allows the Department to eliminate duplicate funding cycles, applications, and contracts associated with various funding streams. Additionally, use of the funds is tied to the strategic planning process involving local entities to tailor the use of the funds to meet the entities’ own unique needs.

These amendments were Adopted and Filed Emergency and published as ARC 1663B on May 29, 2002, with an effective date of May 8, 2002. These amendments were also simultaneously published under Notice of Intended Action as ARC 1631B to allow for public comment. A public hearing was held over the ICN on June 18, 2002, and no written or oral comments were received.

These amendments are intended to implement Iowa Code section 135.25.

These amendments shall become effective on September 11, 2002, at which time the Adopted and Filed Emergency amendments are hereby rescinded.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [rescind Chs 130 and 140; adopt Ch 140] is being omitted. These amendments are identical to those published under Notice as ARC 1631B and Adopted and Filed Emergency as ARC 1663B, IAB 5/29/02.

[Filed 7/18/02, effective 9/11/02]
[Published 8/7/02]

[For replacement pages for IAC, see IAC Supplement 8/7/02.]

Pursuant to the authority of Iowa Code sections 99D.7 and 99F.4, the Racing and Gaming Commission hereby adopts amendments to Chapter 1, “Organization and Operation,” Chapter 2, “Rule Making and Declaratory Orders,” Chapter 4, “Contested Cases and Other Proceedings,” Chapter 5, “Track and Excursion Boat Licensees’ Responsibilities,” Chapter 7, “Greyhound Racing,” Chapter 9, “Harness Racing,” Chapter 10, “Thoroughbred and Quarter Horse Racing,” and Chapter 11, “Gambling Games,” Iowa Administrative Code.

Item 1 updates a reference to Robert’s Rules of Order, Newly Revised.

Item 16 adds the requirement that a facility’s annual audit report include a breakdown of expenditures.

Items 17 to 19 outline the functions a veterinary assistant may perform on facility grounds.

Item 20 updates the subrule concerning linked machines.

All other items correct Iowa Code or rule references.

These amendments are identical to those published under Notice of Intended Action in the June 12, 2002, Iowa Administrative Bulletin as ARC 1669B.

A public hearing was held on July 2, 2002. No comments were received.

These amendments will become effective September 11, 2002.

These amendments are intended to implement Iowa Code chapters 99D and 99F.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [amendments to Chs 1, 2, 4, 5, 7, 9 to 11] is being omitted. These amendments are identical to those published under Notice as ARC 1669B, IAB 6/12/02.

[Filed 7/18/02, effective 9/11/02]
[Published 8/7/02]

[For replacement pages for IAC, see IAC Supplement 8/7/02.]

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

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

Notice of Intended Action was published in the Iowa Administrative Bulletin on May 15, 2002, as ARC 1611B. No comments were received from the public during the comment period. There are no changes from the Notice of Intended Action.

These amendments were approved and adopted by the Board of Regents at its regular meeting on July 18, 2002.

These amendments are intended to implement Iowa Code section 262.69.

These amendments will become effective September 11, 2002.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [4.26 to 4.32] is being omitted. These amendments are identical to those published under Notice as ARC 1611B, IAB 5/15/02.

[Filed 7/19/02, effective 9/11/02]
[Published 8/7/02]

[For replacement pages for IAC, see IAC Supplement 8/7/02.]

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

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

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

Item 2 updates the description of forms used.

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

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

Item 5 adopts new rules regarding access to and use of facilities and standards of conduct on the campus and includes a new rule, 681—13.19(262), providing a process for removal of persons from the campus for violation of the rules of conduct.

Notice of Intended Action was published in the Iowa Administrative Bulletin on May 15, 2002, as ARC 1612B.

No comments were received from the public during the comment period.

There has been one substantive change since publication of the Notice of Intended Action. Based on internal review, a paragraph on the use of mail systems was determined to be out of place and no longer necessary; therefore, 13.15(2)“e,” was not adopted and paragraph “f” has been relettered as paragraph “e.” Nonsubstantive corrections to office names, titles and room numbers were also made.

The Board of Regents approved and adopted the amendments at its regular meeting on July 18, 2002.

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

These amendments will become effective September 11, 2002.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [13.1, 13.6 to 13.19] is being omitted. With the exception of the changes noted above, these amendments are identical to those published under Notice as ARC 1612B, IAB 5/15/02.

[Filed 7/19/02, effective 9/11/02]
[Published 8/7/02]

[For replacement pages for IAC, see IAC Supplement 8/7/02.]