Pages 647 to 669 include ARC 2048B to ARC 2062B

Schedule for rule making 639

Publication procedures 640

Administrative rules on CD–ROM 640

Agency identification numbers 645

Filed, Reciprocal registration in lieu of specific
requirement of intern development program,
2.2(2) ARC 2058B 662

CITATION OF ADMINISTRATIVE RULES 644

Notice, Beverage container deposits,
107.2, 107.3(5), 107.4, 107.9, 107.14
ARC 2049B 647

Filed Without Notice, Update of references—
federal effluent and pretreatment standards
and associated analytical methods,
60.2, 62.4, 62.5, 63.1(1) ARC 2062B 662

Filed, Wastewater treatment and disposal;
wastewater construction and operation
permits, 60.2, 60.3, 64.3(4), 64.13,
64.15(2), 64.16 ARC 2048B 663

Notice, Case management for people with
mental retardation, chronic mental illness,
or developmental disabilities, 78.33, 79.1,
80.2(2), 88.61, 88.73(2), ch 90 ARC 2060B 650

Notice, Iowa plan for behavioral health—
Medicaid coverage for substance abuse
services, 88.61, 88.65(4) ARC 2059B 654

Filed, Safeguarding customer information,
90.2, 90.37 to 90.40 ARC 2061B 665

Filed, Supervision requirements for graduates
of mental health counselor programs,
31.7(3) ARC 2052B 666

Filed, Administrative and regulatory authority
for the board of chiropractic examiners,
ch 40 ARC 2053B 666

Filed, Administrative and regulatory authority
for the board of respiratory care examiners,
ch 260 ARC 2055B 667

Filed, Practice of respiratory care practitioners,
ch 265 ARC 2054B 667

Filed, Administrative and regulatory authority
for the board of athletic training examiners;
licensure of athletic trainers, ch 350, 351.1
ARC 2056B 668

Summarized list 641

Filed, Ruling on waivers and variances;
closing orders, 1.13, 8.11(2)
ARC 2057B 668

Notice, Public records and fair
information practices, 4.1 to 4.10
ARC 2050B 655

Notice, RISE program, 163.1, 163.3(3),
163.4(2), 163.7(2), 163.8 to 163.10
ARC 2051B 659

Notice—Public funds interest rates 660

__________________________________

The Iowa Administrative Bulletin is published biweekly in pamphlet form pursuant to Iowa Code chapters 2B and 17A and contains Notices of Intended Action on rules, Filed and Filed Emergency rules by state agencies.
It also contains Proclamations and Executive Orders of the Governor which are general and permanent in nature; Economic Impact Statements to proposed rules and filed emergency rules; Objections filed by Administrative Rules Review Committee, Governor or the Attorney General; and Delay by the Committee of the effective date of filed rules; Regulatory Flexibility Analyses and Agenda for monthly Administrative Rules Review Committee meetings. Other “materials deemed fitting and proper by the Administrative Rules Review Committee” include summaries of Public Hearings, Attorney General Opinions and Supreme Court Decisions.
The Bulletin may also contain Public Funds Interest Rates [12C.6]; Workers’ Compensation Rate Filings [515A.6(7)]; Usury [535.2(3)“a”]; Agricultural Credit Corporation Maximum Loan Rates [535.12]; and Regional Banking—Notice of Application and Hearing [524.1905(2)].

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

Subscriptions and Distribution Telephone: (515)242–5120

Fax: (515)242–5974

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

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

Fax: (515)281–4424

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

July 1, 2002, to June 30, 2003 $277.50 plus $16.65 sales tax

October 1, 2002, to June 30, 2003 $218.50 plus $13.11 sales tax

January 1, 2003, to June 30, 2003 $147.00 plus $8.82 sales tax

April 1, 2003, to June 30, 2003 $73.50 plus $4.41 sales tax

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:

Iowa Administrative Code - $1,273.00 plus $76.38 sales tax

(Price includes complete set of rules and index, plus a one–year subscription to the Code Supplement and the Iowa Administrative Bulletin. Additional or replacement binders may be purchased for $12.00 each plus $.72 sales tax.)

Iowa Administrative Code Supplement - $447.75 plus $26.87 sales tax

(Subscription expires June 30, 2003)
All checks should be made payable to the Iowa State Printing Division. Send all inquiries and subscription orders to:

PLEASE NOTE:

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.



***Note change of filing deadline

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.

CITATION of Administrative Rules

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

441 IAC 79 (Chapter)

441 IAC 79.1(249A) (Rule)

441 IAC 79.1(1) (Subrule)

441 IAC 79.1(1)“a” (Paragraph)

441 IAC 79.1(1)“a”(1) (Subparagraph)

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

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

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

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

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

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

The following list will be updated as changes occur:

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Agricultural Development Authority[25]

Soil Conservation Division[27]

ATTORNEY GENERAL[61]

AUDITOR OF STATE[81]

CITIZENS’ AIDE[141]

CIVIL RIGHTS COMMISSION[161]

COMMERCE DEPARTMENT[181]

Alcoholic Beverages Division[185]

Banking Division[187]

Credit Union Division[189]

Insurance Division[191]

Professional Licensing and Regulation Division[193]

Accountancy Examining Board[193A]

Architectural Examining Board[193B]

Engineering and Land Surveying Examining Board[193C]

Landscape Architectural Examining Board[193D]

Real Estate Commission[193E]

Real Estate Appraiser Examining Board[193F]

Savings and Loan Division[197]

Utilities Division[199]

CORRECTIONS DEPARTMENT[201]

Parole Board[205]

CULTURAL AFFAIRS DEPARTMENT[221]

Arts Division[222]

Historical Division[223]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

City Development Board[263]

Iowa Finance Authority[265]

EDUCATION DEPARTMENT[281]

Educational Examiners Board[282]

College Student Aid Commission[283]

Higher Education Loan Authority[284]

Iowa Advance Funding Authority[285]

Libraries and Information Services Division[286]

Public Broadcasting Division[288]

School Budget Review Committee[289]

ELDER AFFAIRS DEPARTMENT[321]

EXECUTIVE COUNCIL[361]

GENERAL SERVICES DEPARTMENT[401]

HUMAN RIGHTS DEPARTMENT[421]

Community Action Agencies Division[427]

Criminal and Juvenile Justice Planning Division[428]

Deaf Services Division[429]

Persons With Disabilities Division[431]

Latino Affairs Division[433]

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

Status of Women Division[435]

HUMAN SERVICES DEPARTMENT[441]

INFORMATION TECHNOLOGY DEPARTMENT[471]

INSPECTIONS AND APPEALS DEPARTMENT[481]

Employment Appeal Board[486]

Foster Care Review Board[489]

Racing and Gaming Commission[491]

State Public Defender[493]

LAW ENFORCEMENT ACADEMY[501]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

NATURAL RESOURCES DEPARTMENT[561]

Energy and Geological Resources Division[565]

Environmental Protection Commission[567]

Natural Resource Commission[571]

Preserves, State Advisory Board for[575]

PERSONNEL DEPARTMENT[581]

PUBLIC DEFENSE DEPARTMENT[601]

Emergency Management Division[605]

Military Division[611]

PUBLIC EMPLOYMENT RELATIONS BOARD[621]

PUBLIC HEALTH DEPARTMENT[641]

Substance Abuse Commission[643]

Professional Licensure Division[645]

Dental Examiners Board[650]

Medical Examiners Board[653]

Nursing Board[655]

Pharmacy Examiners Board[657]

PUBLIC SAFETY DEPARTMENT[661]

REGENTS BOARD[681]

Archaeologist[685]

REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]

SECRETARY OF STATE[721]

TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]

TREASURER OF STATE[781]

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Labor Services Division[875]

Workers’ Compensation Division[876]

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

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

The proposed amendments are intended to implement the provisions of Iowa Code chapter 455C, “Beverage Containers Control Act.”

The proposed amendments are in response to a session delay placed upon paragraph 107.4(3)“d,” subrules 107.4(4), 107.9(2) and 107.9(3) and the second unnumbered paragraph of rule 567—107.14(455C) by the Administrative Rules Review Committee. The proposed amendments establish categories for redemption centers and dealers and assign various rights and responsibilities to each category. In addition, subrule 107.3(5) is revised in response to comments received from the Distilled Spirits Council of the United States and the Alcoholic Beverages Division. The comments were received after the previous amendments were adopted and filed.

Any interested person may make written suggestionsor comments on these proposed amendments on or before November 7, 2002, at 4 p.m. Such written materials should be directed to Theresa Stiner, Land Quality and Waste Management Assistance Division, Department of Natural Resources, Des Moines, Iowa 50319–0034; fax (515)281– 8895. Persons wishing to convey their views orally should contact Theresa Stiner at (515)281–8646 or at the Wallace State Office Building.

Also, there will be a public hearing on Thursday, November 7, 2002, from 1 to 3 p.m. in the Fourth Floor Conference Room of the Wallace State Office Building, at which time persons may present their views either orally or in writing. At the hearing, 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 persons who intend to attend the public hearing and have special requirements such as those related to hearing or mobility impairments should contact the Department of Natural Resources and advise of specific needs.

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

The following amendments are proposed.

ITEM 1. Amend rule 567—107.2(455C) as follows:

Rescind the definitions of “approved redemption center,” “exempt dealer” and “unapproved redemption center.”

Adopt the following new definitions in alphabetical order:

“Approved redemption center” means a redemption center approved by the department pursuant to 107.4(1).

“Exempt dealer” means a dealer named in a department order that approves a redemption center pursuant to 107.4(1).

“Redemption center for a dealer” means a redemption center that provides beverage container sorting and handling services for a dealer and that has been certified by the department pursuant to 107.4(3).

“Registered redemption center” means a redemption center registered with the department pursuant to 107.4(4).

“Unapproved redemption center” means a redemption center that is not an approved redemption center or a registered redemption center.

ITEM 2. Amend subrule 107.3(5) as follows:

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

ITEM 3. Amend rule 567—107.4(455C), introductory paragraph, as follows:

ITEM 4. Rescind subrules 107.4(1) to 107.4(4) and adopt the following new subrules in lieu thereof:

107.4(1) Approved redemption centers.

a. Any person may file with the department an application for approval of a redemption center.

b. An application for approval of a redemption center shall be submitted on Form LQ38 or on 8½” ? 11” paperand shall contain the following information:

(1) Name, address and telephone number of the redemption center;

(2) Name, address and telephone number of the person or persons responsible for the establishment and operation of the redemption center;

(3) Kinds, sizes, and brand names of the beverage containers that will be accepted by the redemption center;

(4) Names and addresses of the dealers to be served by the redemption center and the written consent of those dealers to be served by the redemption center;

(5) Distance, in blocks or other appropriate measure, from the redemption center to each dealer to be served by the redemption center;

(6) Names and addresses of the distributors whose beverage containers will be redeemed;

(7) Hours during which the redemption center is to be open;

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

(9) Reasons why the redemption center and the dealers to be served by it believe that the redemption center will provide a convenient service to consumers.

c. A redemption center shall be approved as a redemption center for a dealer if the department determines that the redemption center will provide a convenient service to the dealer’s customers. The department order that approves the redemption center shall name the dealers to be served by the redemption center.

d. An approved redemption center may file with the department a supplemental application to serve additional dealers. The supplemental application shall be in the form and contain the information required by paragraph “b.” If the department finds that the redemption center will provide a convenient service to the customers of those additional dealers which the redemption center proposes to serve, the department shall supplement its order approving the redemption center to name the additional dealers.

e. A dealer named in the department order that approves a redemption center or named in a supplemental order shall be an exempt dealer.

f. The department may at any time rescind the order approving a redemption center or terminate the exemption of a dealer if the department determines, after notice and hearing, that the redemption center is in violation of the Act or this chapter or that the redemption center is no longer meeting the above criteria or is no longer providing a convenient service to a dealer’s customers.

g. A dealer may withdraw its consent to be served by a redemption center which is approved as a redemption center for the dealer by filing with the department written notice of withdrawal of consent. A dealer which has withdrawn its consent is no longer an exempt dealer, and the approval of its redemption center as a redemption center for the dealer is thereby terminated.

h. An approved redemption center shall accept from consumers and shall pay the refund value for all beverage containers that bear an Iowa refund value and are of the kinds, sizes and brand names sold by the dealers for which it is an approved redemption center.

i. An approved redemption center shall be in operation and open to the public for redemption of beverage containers at least 20 hours per week, 4 hours of which shall be on Saturday or Sunday, or a combination thereof.

j. When an approved redemption center is closing permanently, it shall give to the department notice that includes the redemption center’s final date of operation. As of the final date of operation, the redemption center’s approval as a redemption center shall be terminated and a dealer it was approved to serve shall no longer be an exempt dealer.

107.4(2) Unapproved redemption centers. Nothing in the Act or this chapter prevents a person from establishing a redemption center that has not been approved by, certified by, or registered with the department. Before commencing operations, unapproved redemption centers shall provide the following to the department:

a. Name, address and telephone number of the redemption center;

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

c. Operating hours of the redemption center.

When the redemption center is closing permanently, it shall give to the department notice that includes the redemption center’s final date of operation.

107.4(3) Redemption center for a dealer.

a. A redemption center that proposes to provide beverage container sorting or handling services for a dealer but that is not an approved redemption center for the dealer may file with the department an application for certification as a redemption center for the dealer.

b. An application for certification as a redemption center for a dealer shall be on a form provided by the department or on 8½” ? 11” paper and shall contain the following information:

(1) Name, address and telephone number of the redemption center;

(2) Name, address and telephone number of the person or persons responsible for the establishment or operation of the redemption center;

(3) Names and addresses of the dealers for whom the redemption center is to provide beverage container sorting or handling services, the services to be provided to each dealer and the written consents of those dealers to be served by the redemption center;

(4) Names and addresses of the distributors for which the redemption center will provide beverage container sorting or handling services;

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

c. A redemption center which meets the above criteria shall be certified as a redemption center for that dealer.

d. A dealer for which the redemption center is certified is not an exempt dealer.

e. The department may at any time terminate the certification of a redemption center as a redemption center for that dealer if the department determines, after notice and hearing, that the redemption center is in violation of the Act or this chapter or no longer meets the above criteria.

f. A dealer may withdraw its consent to be served by a redemption center for that dealer by filing with the department written notice of withdrawal of consent, and the certification of the redemption center as a redemption center for that dealer is thereby terminated.

g. When a redemption center for a dealer is no longer serving a dealer for which it is certified, the redemption center shall notify the department. When a redemption center is no longer serving any dealers for which it is certified, its certification as a redemption center for a dealer is terminated.

107.4(4) Registered redemption centers.

a. A redemption center which was in operation and open to the public for redemption of beverage containers on May 22, 2002, may on or before 90 days from the effective date of this amendment file an application for registration with the department. The department shall not accept an application for registration of a redemption center after 90 days from the effective date of this amendment.

b. An application for registration of a redemptioncenter shall be on a form provided by the department or on 8½” ? 11” paper and shall contain the following information:

(1) Name, physical address, and telephone number of the redemption center;

(2) Name, address and telephone number of the person or persons responsible for the operation of the redemption center;

(3) Kinds, sizes and brand names of the beverage containers that are accepted by the redemption center;

(4) Hours the redemption center is open;

(5) Names and addresses of the distributors that are picking up beverage containers from the redemption center;

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

(7) Proof that the redemption center was in operation and open to the public for redemption of beverage containers on May 22, 2002.

c. A redemption center shall be accepted for registration if the department is satisfied the redemption center was in operation and open to the public for redemption of beverage containers on May 22, 2002, at the location specified in its application. The registration shall be specific to the location in business on May 22, 2002, and may not be expanded to encompass additional locations, but a registered redemption center, with the approval of the department, may relocate to a new location within five miles of its original location so long as the existing location is closed.

d. The department may at any time terminate the registration of a redemption center if the department determines, after notice and hearing, that the redemption center is in violation of the Act or this chapter.

e. A registered redemption center shall accept from consumers and shall pay the refund value for all beverage containers bearing an Iowa refund value which are of the kinds, sizes and brand names listed in its application for registration.

f. A registered redemption center shall be in operation and open to the public for redemption of beverage containers at least 20 hours per week.

g. When a registered redemption center is closing permanently, it shall give notice to the department, including the final date of operation, and its registration as a registered redemption center is terminated as of that date.

ITEM 5. Rescind rule 567—107.9(455C) and adopt the following new rule in lieu thereof:

107.9(1) Pickup from dealers. A distributor shall accept and pick up from a dealer served by the distributor, other than an exempt dealer, all empty beverage containers that bear an Iowa refund value and are of the kinds, sizes and brand names sold by the distributor. The distributor shall pick up the empty beverage containers at least weekly, or when the distributor delivers the beverage product to the dealer if deliveries are less frequent than weekly, unless otherwise agreed to by both the distributor and the dealer.

107.9(2) Pickup from approved redemption centers and redemption centers certified as a redemption center for a dealer. A distributor shall pick up from an approved redemption center for a dealer served by the distributor and from a redemption center certified as a redemption center for a dealer served by the distributor all empty beverage containers that bear an Iowa refund value and are of the kinds, sizes and brand names sold by the distributor. The distributor shall pick up the empty beverage containers at least weekly, or when the distributor delivers the beverage product to the dealer for which the redemption center is certified as a redemption center if deliveries are less frequent, unless otherwise agreed to by both the distributor and the approved redemption center or the certified redemption center for a dealer, as the case may be.

107.9(3) Pickup from registered redemption centers. A distributor shall pick up from a registered redemption center at the physical address specified in the redemption center’s application, or at a new location approved by the department pursuant to 107.4(4), all empty beverage containers that bear an Iowa refund value and are of the kinds, sizes and brand names sold by the distributor. The distributor shall pick up the empty beverage containers according to the following schedule:

a. At least as frequently as the distributor picks up empty beverage containers from a dealer served by the distributor and located within three road miles of the registered redemption center, but not less frequently than once every ten calendar days;

b. At least once every ten calendar days for a registered redemption center located more than three road miles from the closest dealer served by the distributor; or

c. As agreed to by both the distributor and the registered redemption center.

107.9(4) Acceptance of redeemed containers from redemption centers. A distributor shall accept delivery of empty beverage containers from and pay the refund value and handling fee to a redemption center located within the distributor’s geographic service area provided that the containers bear an Iowa refund value and are of the kinds, sizes and brand names sold by the distributor.

107.9(5) Acceptance of redeemed containers from dealer agents. A distributor shall accept delivery of empty beverage containers from and pay the refund value and handling fee to a dealer agent provided that the containers were picked up by the dealer agent within the distributor’s geographic service area and that they bear an Iowa refund value and are of the kinds, sizes and brand names sold by the distributor.

107.9(6) Notification of frequency. A distributor shall notify each dealer served by the distributor of the intended frequency of pickup. A distributor shall notify each redemption center from which the distributor is required to pick up containers of the intended frequency of pickup.

107.9(7) Partial pickup. A distributor which picks up containers more often than the required frequency shall not be required to pick up all available containers from a dealer or redemption center at each pickup provided that all available containers are picked up from the dealer or redemption center within the required frequency.

ITEM 6. Rescind rule 567—107.14(455C) and adopt the following new rule in lieu thereof:

107.14(1) Payment to dealers. A distributor shall issue to a dealer payment of the refund value and handling fee within one week following pickup or when the dealer pays the distributor for the beverages, if payment is less frequent than weekly.

107.14(2) Payment to approved redemption centers and redemption centers certified as a redemption center for a dealer. A distributor shall issue to an approved redemption center and to a redemption center for a dealer payment of the refund value and handling fee within one week following pickup unless otherwise agreed to by both the distributor and the redemption center.

107.14(3) Payment to registered redemption centers. A distributor shall issue to a registered redemption center payment of the refund value and handling fee within one week following pickup or when the dealer which is served by the distributor and which is closest to the registered redemption center pays the distributor for the beverages supplied by the distributor, if payment is less frequent than weekly. Payment to a registered redemption center shall be issued by a distributor at least every 14 calendar days unless otherwise agreed to by both the distributor and the registered redemption center.

107.14(4) Payment to redemption centers and dealer agents delivering containers to distributors. A distributor shall issue to a redemption center or dealer agent payment of the refund value and handling fee within one week of delivery and acceptance of empty beverage containers, unless otherwise agreed to by both the redemption center and the distributor or by both the dealer agent and the distributor, as the case may be.

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend Chapter 78, “Amount, Duration, and Scope of Medical and Remedial Services,” Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” Chapter 80, “Procedure and Method of Payment,” and Chapter 88, “Managed Health Care Providers,” and to adopt new Chapter 90, “Case Management for People with Mental Retardation, Chronic Mental Illness, or Developmental Disabilities,” Iowa Administrative Code.

These rules:

• Create a new chapter to define and structure the provision of case management services under the Medicaid program targeted toward people with mental retardation (MR), chronic mental illness (CMI), or a developmental disability (DD).

• Provide for service assessment and authorization as a condition of Medicaid payment.

• Set criteria for reasonable and proper cost of operation to ensure appropriate use of state and federal Medicaid funds.

• Modify related rules to reference the requirements under new Chapter 90.

MR/CMI/DD case management is a service provided under the Medicaid program to manage multiple resources effectively for the benefit of targeted Medicaid clients. The service assists eligible recipients in gaining access to appropriate and necessary medical services and interrelated social and educational services. The proposed rules support the appropriate and prudent expenditure of Medicaid funds and provide guidance to providers to ensure that services are consistent with Medicaid State Plan requirements, which have not previously been included in administrative rules.

In June 2001, the Iowa Foundation for Medical Care completed a review of a small sample of targeted case management records which found evidence of duplication of services and a continuation of services beyond the client’s need for the service. From January through July 2002, the Medicaid managed behavioral health care contractor reviewed targeted case management records for a sample of chronically mentally ill adults who were receiving case management under the Iowa Plan for Behavioral Health. The record review indicated that not all services meet requirements established in the Medicaid State Plan. However, there are no rules in place setting conditions for termination of this service.

After reviewing these findings, the Department has determined that adopting rules on Medicaid requirements for targeted case management, implementing a process to assess the need for services, and requiring authorization based on that assessment would enhance the appropriateness of Medicaid expenditures and ensure that necessary services are available to clients. Establishment of a system of service authorization is consistent with federal authority for case management as a benefit under the Medicaid State Plan and under the Medicaid 1915(b) waiver for behavioral health care.

These rules do not provide for waivers in specified situations. Consumers or providers who believe themselves to be disadvantaged by these rules may request an exception under the Department’s general rule at rule 441—1.8(17A,217).

Any interested person may make written comments on the proposed amendments on or before November 6, 2002. Comments should be directed to the Office of Policy Analysis, Department of Human Services, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa 50319–0114. Comments may be sent by fax to (515)281– 4980 or by E–mail to policyanalysis@dhs.state.ia.us.

The Department will hold a public hearing for the purpose of receiving comments on these amendments on November 6, 2002, from 9 to 11 a.m. in Room 418, Lucas State Office Building, 321 East Twelfth Street, Des Moines. Comments may be offered at the hearing either orally or in writing. Anyone who intends to attend the hearing and has special requirements, such as hearing or vision impairments, should contact the Office of Policy Analysis at (515)281–8440 and advise of special needs.

These amendments are intended to implement Iowa Code section 249A.4.

The following amendments are proposed.

ITEM 1. Amend rule 441—78.33(249A) as follows:

Amend the introductory paragraph as follows:

441—78.33(249A) Case management services. Payment on a monthly payment per enrollee basis will be approved for the case management functions required in 441—Chapter 24 90 or 441—Chapter 186.

Amend subrule 78.33(1) as follows:

Amend the introductory paragraph as follows:

78.33(1) Payment will be approved for MR/CMI/DD case management services pursuant to 441—Chapter 24 90 to:

Amend paragraph “a” as follows:

a. Recipients 18 years of age or over with a primary diagnosis of mental retardation, developmental disabilities, or chronic mental illness as defined in rule 441—22.1(225C) 90.1(249A). Persons with mental disorders resulting from Alzheimer’s disease or substance abuse shall not be considered chronically mentally ill.

Rescind and reserve paragraph “b.”

Amend paragraph “c” as follows:

c. Recipients under 18 years of age receiving HCBS MR waiver services.

Amend subrule 78.33(2), introductory paragraph, as follows:

78.33(2) Payment for services pursuant to 441—Chapter 24 90 to recipients under age 18 who have a primary diagnosis of mental retardation or developmental disabilities as defined in rule 441—90.1(249A) and are residing in a child welfare decategorization county shall be made when the following conditions are met:

ITEM 2. Amend subrule 79.1(1), paragraph “d,” as follows:

d. Monthly fee for service with cost settlement. Providers of MR/CMI/DD case management services are reimbursed on the basis of a payment for a month’s provision of service for each client enrolled in a an MR/CMI/DD case management program for any portion of the month based on reasonable and proper costs for service provision. The fee will be determined by the department with advice and consultation from the appropriate professional group and will reflect the amount of resources involved in services service provision.

Providers are reimbursed throughout each fiscal year on the basis of a projected monthly rate for each participating provider, based on reasonable and proper costs of operation, pursuant to federally accepted reimbursement principles (generally Medicare or OMB A–87 principles) with annual retrospective cost settlement based on submission of actual costs of operation and service utilization data by the provider on financial and statistical reports. The cost settlement represents the difference between the amount received by the provider during the year for covered services and the amount supported by the actual costs of doing business, determined in accordance with an accepted method of cost appointment.

ITEM 3. Amend subrule 79.1(2), provider category “case management providers,” as follows:

ITEM 4. Amend subrule 80.2(2), paragraph “g,” as follows:

g. Case management providers shall submit claims on Form 470–2486, Claim for Targeted Medical Care, for services provided pursuant to 441—Chapter 24 90 and on FACS–generated claims for services provided pursuant to 441—Chapter 186.

ITEM 5. Amend rule 441—88.61(249A), definition of “targeted case management services,” as follows:

“Targeted case management services” shall mean individual MR/CMI/DD case management services targeted to persons adults with a primary diagnosis of chronic mental illness as defined at Iowa Code section 225C.20 rule 441— 90.1(249A), with standards set forth in 441—Chapter 24 and Medicaid requirements set forth in 441—Chapter 90.

ITEM 6. Amend subrule 88.73(2) as follows:

88.73(2) Limits on payment responsibility for services other than emergency room services.

a. The contractor is not required to reimburse providers for the provision of mental health services that do not meet the criteria of psychosocial necessity.

b. The contractor is not required to reimburse providers for the provision of substance abuse services that do not meet the criteria of service necessity.

d. The contractor has the right to require prior authorization of covered, required and optional services and to deny reimbursement to providers who do not comply with such requirements.

e. Payment responsibilities for emergency room services are as provided at subrule 88.66(2).

f. Payment responsibility for services provided under the “keep kids safe” policy is set forth at subrule 88.67(8).

ITEM 7. Adopt the following new 441—Chapter 90 under Title VIII, “Medical Assistance”:

CHAPTER 90
CASE MANAGEMENT FOR PEOPLE WITH MENTAL RETARDATION, CHRONIC MENTAL ILLNESS, OR DEVELOPMENTAL DISABILITIES

PREAMBLE

These rules define and structure medical assistance case management services provided in accordance with Iowa Code section 225C.20 for consumers with mental retardation (MR), chronic mental illness (CMI), or a developmental disability (DD). Provider accreditation standards are set forth in 441—Chapter 24.

MR/CMI/DD case management is a method to manage multiple resources effectively for the benefit of Medicaid consumers. The service is designed to help consumers with MR, CMI or DD gain access to appropriate and necessary medical services and interrelated social and educational services. MR/CMI/DD case management ensures that necessary evaluations are conducted; individual service and treatment plans are developed, implemented, and monitored; and reassessment of consumer needs and services occurs on an ongoing and regular basis.

“Adult” means a person 18 years of age or older.

“Child” means a person under 18 years of age.

“Chronic mental illness” means the condition present in adults who have a persistent mental or emotional disorder that seriously impairs their functioning relative to such primary aspects of daily living as personal relations, living arrangements, or employment.

People with chronic mental illness typically meet at least one of the following criteria:

1. They have undergone psychiatric treatment more intensive than outpatient care more than once in a lifetime (e.g., emergency services, alternative home care, partial hospitalization, or inpatient hospitalization).

2. They have experienced at least one episode of continuous, structured supportive residential care other than hospitalization.

In addition, people with chronic mental illness typically meet at least two of the following criteria on a continuing or intermittent basis for at least two years:

1. They are unemployed, or employed in a sheltered setting, or have markedly limited skills and a poor work history.

2. They require financial assistance for out–of–hospital maintenance and may be unable to procure this assistance without help.

3. They show severe inability to establish or maintain a personal social support system.

4. They require help in basic living skills.

5. They exhibit inappropriate social behavior that results in demand for intervention by the mental health or judicial system.

In atypical instances, a person who varies from these criteria could still be considered to be a person with chronic mental illness.

For purposes of this chapter, people with mental disorders resulting from Alzheimer’s disease or substance abuse shall not be considered chronically mentally ill.

“Department” means the department of human services.

“Developmental disability” means a severe, chronic disability that:

1. Is attributable to a mental or physical impairment or combination of mental and physical impairments;

2. Is manifested before the age of 22;

3. Is likely to continue indefinitely;

4. Results in substantial functional limitations in three or more of the following areas of major life activity: self–care, receptive and expressive language, learning, mobility, self–direction, capacity for independent living, and economic self–sufficiency; and

5. Reflects the person’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.

“Medical institution” means an institution that is organized, staffed, and authorized to provide medical care as set forth in 42 Code of Federal Regulations 435.1009, as amended to October 1, 2001. A residential care facility is not a medical institution.

“Mental retardation” means a diagnosis of mental retardation which:

1. Is made only when the onset of the person’s condition was before the age of 18 years;

2. Is based on an assessment of the person’s intellectual functioning and level of adaptive skills;

3. Is made by a psychologist or psychiatrist who is professionally trained to administer the tests required to assess intellectual functioning and to evaluate a person’s adaptive skills; and

4. Is made in accordance with the criteria provided in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, published by the American Psychiatric Association.

“MR/CMI/DD case management” means a service provided under the medical assistance program designed to assist eligible individuals with mental retardation, chronic mental illness or developmental disabilities in gaining access to appropriate and necessary medical services and interrelated social and educational services. MR/CMI/DD case management is intended to manage multiple resources and to ensure that necessary evaluations are conducted; that individual service and treatment plans are developed, implemented, and monitored; and that reassessment of consumer needs and services occurs on an ongoing and regularly scheduled basis. MR/CMI/DD case management does not include direct services.

“Targeted population” means people who meet one of the following criteria:

1. An adult identified with a primary diagnosis of mental retardation, chronic mental illness or development disability; or

2. A child who is eligible to receive HCBS mental retardation waiver services; or

3. A child who has a primary diagnosis of mental retardation or developmental disability, resides in a child welfare decategorization county, and is likely to become eligible to receive HCBS mental retardation waiver services.

441—90.2(249A) Eligibility. A person who meets all of the following criteria shall be eligible for MR/CMI/DD case management:

90.2(1) The person is eligible for Medicaid or conditionally eligible under rule 441—subrule 75.1(35).

90.2(2) The person is a member of the targeted population.

90.2(3) The person does not reside in a medical institution or is within 30 days of discharge from a medical institution.

90.2(4) The person has applied for MR/CMI/DD case management in accordance with the policies of the provider.

90.2(5) The person has been authorized for MR/CMI/DD case management in accordance with rule 441— 90.3(249A).

90.3(1) Authorization required. Assessment of the need for MR/CMI/DD case management is required at least annually as a condition of payment under the medical assistance program. The department will authorize up to 12 months of service when it has determined that the consumer has a need for service.

a. For applicants who have not received MR/CMI/DD case management within the 12 months before application, the department may include up to 4 prior months in the authorized period for the provider to complete the assessment, intake, and enrollment of the consumer.

b. For applicants who have received MR/CMI/DD case management within the previous 12 months, the provider shall obtain authorization before providing services.

c. For ongoing services, the provider shall obtain authorization before the previous authorization expires.

90.3(2) Need for service.

a. The department shall determine the initial and ongoing need for service based on evidence presented by the MR/CMI/DD case management provider, including diagnostic reports and documentation of provision of services, and information supplied by the consumer and other appropriate sources which demonstrate that all of the following criteria are met:

(1) The consumer has a need for MR/CMI/DD case management to manage multiple resources pertaining to medical and interrelated social and educational services for the benefit of the consumer.

(2) The consumer has functional limitations and lacks the ability to independently access and sustain involvement in necessary services.

(3) The consumer is not receiving other paid benefits under the medical assistance program or under a Medicaid managed health care plan that serve the same purpose as MR/CMI/DD case management.

90.3(3) Managed health care. For consumers receiving MR/CMI/DD case management under a Medicaid managed health care plan as described in 441—Chapter 88, Division IV, the department delegates authorization and determination of need for service to the managed health care contractor.

90.3(4) Transition authorization. In order to ensure that consumers with a need for MR/CMI/DD case management continue to receive service, consumers receiving MR/CMI/DD case management on [insert the effective date of this rule] shall be considered authorized for MR/CMI/DD case management for up to 12 consecutive months, beginning with [insert the month this rule becomes effective].

a. During the period of time covered by the transition authorization, the department or, for services under a managed health care plan, the managed health care contractor may implement a determination of the need for service in accordance with subrule 90.3(2).

b. Based on the determination of need, the department or managed care contractor may authorize additional months of service or terminate payment.

c. If the outcome of the determination of need results in notice of termination of payment, and the consumer appeals that decision in accordance with rule 441—90.6(249A), then the consumer is entitled to continuation of services in accordance with 441—7.9(17A) for the duration of the transition authorization or until the appeal decision becomes final, whichever comes first.

441—90.4(249A) Application. The provider shall process an application for MR/CMI/DD case management services no later than 30 days after receipt of the application. The provider shall refer the applicant to the department’s service unit if other services are needed or requested.

90.4(1) Application record. The application shall include the consumer’s name, the nature of the request for services, and a summary of any evaluation activities completed. The provider shall maintain this documentation for at least five years.

90.4(2) Application decision. The provider shall inform the applicant or the applicant’s legally authorized representative of any decision to approve, deny, or delay the service in accordance with notification requirements at 441—subrule 7.7(1).

90.4(3) Delayed services. The application shall be approved and the consumer put on the referral list for assignment to a case manager when MR/CMI/DD case management cannot begin immediately because there is no opening on a caseload. The provider shall notify the applicant or the applicant’s legally authorized representative in writing of approval and placement on the referral list. If an applicant is on a referral list for more than 90 days from the date of application, this shall be considered a denial of service.

90.4(4) Denying applications. The provider shall deny applications for service when:

a. The applicant is not currently eligible for Medicaid; or

b. The applicant does not meet the eligibility criteria in rule 441—90.2(249A); or

c. The applicant or the applicant’s legally authorized representative withdraws the application; or

d. The applicant does not provide information required to process the application; or

e. The applicant is receiving MR/CMI/DD case management from another Medicaid provider; or

f. The applicant does not have a need for MR/CMI/DD case management.

90.5(1) Covered services. MR/CMI/DD case management shall include the following:

a. Assessment of need for case management, intake, and enrollment into case management and coordination of needed interdisciplinary diagnostic and evaluation services.

b. Development, implementation, and maintenance of a current and appropriate treatment plan that directly involves those concerned with the consumer, including the consumer, the consumer’s legal representative, and the consumer’s family. Other participants may include the case manager, service providers, and others whose appropriateness is identified through the evaluation, diagnostic, or reevaluation process.

c. Linkage of consumer needs to required treatments and services without restricting the consumer’s choice of service providers in violation of Section 1902(a)(23) of the Social Security Act.

d. Coordination and facilitation of decision making according to consumer’s needs and abilities.

e. Monitoring of overall service delivery.

f. Crisis assistance planning and intervention.

90.5(2) Excluded services.

a. MR/CMI/DD case management is not direct service. No direct treatment services are covered.

b. Medicaid payment for services to consumers who are conditionally eligible under 441—subrule 75.1(35) shall be made only when the consumer has met the spenddown requirements for the certification period.

The consumer is responsible for paying for services used to meet spenddown. The consumer shall be notified of this responsibility and shall acknowledge that the provider must be paid within 30 days of the date on the second invoice or MR/CMI/DD case management will be terminated.

90.5(3) Service contacts. Providers of MR/CMI/DD case management shall:

a. Make at least one contact per month with the consumer, the consumer’s legal representative, the consumer’s family, service providers, or another person, as necessary to develop or monitor the treatment plan; and

b. Make a face–to–face contact with the consumer at least once every three months.

90.5(4) Service requirements. MR/CMI/DD case management shall be implemented and provided in consultation with the consumer, the parents (if the consumer is a child), the consumer’s legal representative, the consumer’s family members, and others requested by the consumer and shall include the following:

a. Report of diagnostic category and consumer’s county of legal settlement using Form 471–2464, Report for Enhanced Services.

b. A social history which contains current and historical information and is updated annually, in accordance with 441—subrule 24.4(1).

c. Assessment, in accordance with 441—subrule 24.4(2).

d. Individual service plan, in accordance with 441—subrule 24.4(3). The plan shall be based on the consumer’s assessed needs, abilities, situation and desires and include the following:

(1) Reference to all provided services, including identification of providers and time frames for services.

(2) Documentation of the need for MR/CMI/DD case management as it corresponds with the goals and objectives.

(3) Crisis plan for emergencies.

(4) Discharge plan.

(5) Documentation of the parties involved with the development of the plan.

(6) Schedules for case monitoring and client reassessment.

(7) Plan for communication by the case manager to all providers to ensure coordination and planning.

e. Documentation of service provision in accordance with 441—subrule 24.4(4), including documentation of service contacts as described in subrule 90.5(3).

f. Incident reports in accordance with 441—subrule 24.4(5).

g. An annual report documenting the need for MR/CMI/DD case management, the appropriateness of service interventions, the goals and objectives, and the consumer’s progress.

h. Documentation that the case manager has developed and, no less than quarterly, has carried out a process for determining the client’s progress toward achieving the goals and objectives identified in the individual service plan.

90.5(5) Consumer rights. Consumer rights may be limited or restricted only with the consent of the consumer or the consumer’s legally authorized representative, and only if:

a. The limited right is explained; and

b. A service activity to address the limitation is developed and documented in the service plan with an explanation that describes how the consumer will work toward having the restriction removed; and

c. Periodic evaluations of the limit are conducted to determine continued need.

90.6(1) MR/CMI/DD case management shall be terminated when:

a. The consumer does not meet eligibility criteria under rule 441—90.2(249A); or

b. The consumer has achieved all goals and objectives of the service; or

c. The consumer has no current need for MR/CMI/DD case management; or

d. The consumer receiving MR/CMI/DD case management based on eligibility under an HCBS waiver is no longer eligible for the waiver; or

e. The consumer or the consumer’s legally authorized representative requests termination; or

f. The consumer is unwilling or unable to accept further services; or

g. The consumer or the consumer’s legally authorized representative fails to provide access to information necessary for the development of the service plan or implementation of MR/CMI/DD case management.

90.6(2) The provider shall notify the consumer or the consumer’s legally authorized representative in writing of the termination of MR/CMI/DD case management, in accordance with 441—subrule 7.7(1).

90.7(1) Appeal to the provider. After notice of an adverse decision by the provider of MR/CMI/DD case management, the consumer or the consumer’s representative may request an appeal as provided in the appeal process established by the provider agency.

90.7(2) Appeal to the department. After notice of an adverse decision by the department pertaining to authorization and need for service, the consumer or the consumer’s representative may request reconsideration by the department by sending a letter to the department not more than 30 days after the date of the notice of adverse decision. The consumer or the consumer’s representative may appeal an adverse reconsideration decision by the department as provided in 441— Chapter 7.

90.7(3) Appeal to the managed health care contractor. After notice of an adverse decision by a managed health care plan, the consumer or the consumer’s representative may request a review as provided in rule 441—88.68(249A).

These rules are intended to implement Iowa Code sections 249A.4, 249A.26, and 249A.27.

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend Chapter 88, “Managed Health Care Providers,” Iowa Administrative Code.

These amendments change definitions used to determine Medicaid coverage of substance abuse services under the Iowa Plan for Behavioral Health. The American Society of Addiction Medicine has revised its patient placement criteria for the treatment of substance–abuse–related disorders, previously published in 1996.

In amendments published in the Iowa Administrative Bulletin on September 18, 2002, as ARC 1978B, the Iowa Substance Abuse Commission referenced the revised criteria in 643 IAC Chapter 3 for use in licensing substance abuse facilities in Iowa. The revised criteria take the place of the criteria from the previous edition and the “Iowa Juvenile Placement Criteria for the Treatment of Psycho–Active Substance Use Disorder.” These amendments make corresponding changes to the Medicaid managed care rules, for consistency.

These amendments do not provide for waivers in specified situations, because these changes will benefit facilities by making criteria under both licensure and Medicaid payment standards uniform.

Any interested person may make written comments on the proposed amendments on or before November 6, 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 249A.4.

The following amendments are proposed.

ITEM 1. Amend rule 441—88.61(249A) as follows:

Rescind the definitions of “ASAM PPC2” and “IJPC.”

Amend the definition of “service necessity,” introductory paragraph, as follows:

“Service necessity” shall mean that substance abuse services for the treatment of conditions related to substance abuse meet the following requirements according to the criteria of the ASAM PPC2 or the IJPC, whichever is applicable ASAM–PPC–2R. The services shall be:

Adopt the following new definition of “ASAM–PPC–2R”:

“ASAM–PPC–2R” shall mean the American Society of Addiction Medicine Patient Placement Criteria for the Treatment of Substance Related Disorders, Second Edition Revised, published by the American Society of Addiction Medicine in 2001.

ITEM 2. Amend subrule 88.65(4), paragraphs “a” through “d,” as follows:

a. Outpatient services (all Level I as per ASAM PPC2 and IJPC services according to the ASAM–PPC–2R).

b. Intensive outpatient and partial hospitalization services (all Level II as per ASAM PPC2 and IJPC services according to the ASAM–PPC–2R).

c. Residential/ or inpatient services (all Level III as per ASAM PPC2 and IJPC services according to the ASAM–PPC–2R).

d. Medically managed intensive inpatient services (all Level IV as per ASAM PPC2 and IJPC services according to the ASAM–PPC–2R).

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 4, “Public Rec–ords and Fair Information Practices,” Iowa Administrative Code.

Iowa Code section 22.11 requires each state agency to adopt rules fulfilling various “fair information practices” requirements. Chapter 4, which was adopted in 1988, implements these requirements for the Department. This chapter consists of both rules tailored to the Department and uniform rules adopted by reference. A person seeking to read and understand Chapter 4 must locate the uniform rules and read them in conjunction with Chapter 4. Based on reviews conducted in accordance with Executive Order Number 8, the Department has determined that this situation is confusing, needlessly complex, and occasionally redundant.

Chapter 4 is amended to merge the text of the uniform rules into Chapter 4 and simplify the content. In addition, rule 761—4.9(22), which lists confidential records, is being amended to bring it up to date.

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

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

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

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

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

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

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

A meeting to hear requested oral presentations is scheduled for Thursday, November 7, 2002, at 10 a.m. in the Administration Building, Third Floor Conference Room, Department of Transportation, 800 Lincoln Way, Ames, Iowa.

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

These amendments are intended to implement Iowa Code chapter 22.

Proposed rule–making actions:

ITEM 1. Amend rule 761—4.1(22,304) as follows:

4.1(1) No change.

4.1(2) Custodian. Except as otherwise specified, requests under this chapter shall be submitted to the custodian of the record. The custodian of a record is the person who heads the departmental office responsible for that record. The department’s “Records Management Manual” identifies the offices that are responsible for particular records.

a. As used in this chapter, the term “custodian” includes the custodian’s superiors and the custodian’s designees.

b. The custodian’s designees may include but are not limited to the records center and the legal staff of the department’s general counsel division.

c. The custodian of a record is authorized to provide or deny access to that record in accordance with the provisions of this chapter. However, the custodian’s authority to provide access to a confidential record is limited by rule 4.10(22) to the persons listed in subrule 4.4(2).

4.1(3) Records Address of records center. If a requester does not know the identity of the custodian of a record, the request may be submitted to the records center. The records center will forward the request to the custodian. The address of the department’s records center is: Records Center, Bureau of Information Services Office of Document Services, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010.

4.1(4) Records management manual.

a. The department’s “Records Management Manual” contains the records management information required by Iowa Code chapter 304.

b. Chapter III of the manual contains the descriptive information on records that is required by Iowa Code section 22.11. Chapter III, as revised through June 1991 2001, is made a part of these rules.

c. The manual is available for examination and copying at the department’s records center and at various other departmental offices located throughout the state. A copy of the manual may be obtained at cost from the records center.

4.1(5) to 4.1(7) No change.

4.1(8) Existing records. A request for access shall apply only to records that exist at the times the request is made and access is provided. The department is not required to create, compile or procure a record solely for the purpose of making it available. Exception EXCEPTIONS: See rule 4.10(22) Iowa Code section 22.3A and subrule 4.4(5).

4.1(10) 4.1(9) Definitions. As used in this chapter:

“Public” means those persons who are not officials, employees or agents of the department.

“Requester” means a member of the public.

This rule is intended to implement Iowa Code chapter 22 and section 304.17.

ITEM 2. Rescind rules 761—4.2(22) to 761—4.8(22) and adopt the following new rules:

761—4.2(22) Statement of policy and purpose. It is the policy of the department that free and open examination of public records is generally in the public interest. The purpose of these rules is to facilitate broad public access to open rec–ords and sound determinations with respect to the handling of confidential records.

This rule is intended to implement Iowa Code chapter 22.

4.3(1) Submission of request for access.

a. A request for access to a record shall be submitted to the custodian of the record. If the requester does not know the identity of the custodian, the request may be submitted to the records center at the address in subrule 4.1(3). The rec–ords center will forward the request to the custodian.

b. Notwithstanding paragraph “a” of this subrule, any request that may be related to a potential or an actual tort claim or other litigation shall be submitted to the following address: General Counsel, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010. If the custodian receives a request of this nature, the custodian shall forward the request to the department’s general counsel.

c. If a request for access is misdirected, department personnel will forward the request to the custodian.

4.3(2) Office hours. Open records are available during customary office hours, which are 8 a.m. to 4:30 p.m., excluding Saturdays, Sundays, and legal holidays.

4.3(3) Form of request. A request for access to a record shall reasonably describe the record requested. A request for access to an open record may be made orally or in writing. A requester shall not be required to give reasons for requesting an open record.

4.3(4) Response to request. The custodian shall provide access to an open record promptly upon request. However, if the size or nature of the request makes prompt access infeasible, the custodian shall fill the request as soon as feasible and give the requester an estimate of when the record will be available.

4.3(5) Delay. Access to a record may be delayed for one of the purposes authorized by Iowa Code subsection 22.8(4) or 22.10(4). The custodian shall inform the requester of the reason for the delay and the estimated length of the delay.

4.3(6) Security of records. No person may, without permission from the custodian, search agency files or remove any record from the place where it is made available. The custodian shall supervise the examination and copying ofrecords and protect the records from damage and disorganization. Original paper records shall be released from department custody only upon court order. At least one certified copy shall be retained in the file if the original record is released.

4.3(7) Copies. A photocopy of an open record may be made on department photocopiers. If a photocopier is not available in the office where an open record is kept, the custodian shall permit its examination in that office and, if requested, arrange to have a copy made elsewhere.

4.3(8) Fees. The department may charge fees for records as authorized by Iowa Code section 22.3 or another provision of law. Under Iowa Code section 22.3, the fee for the copying service shall not exceed the cost of providing the service.

This rule is intended to implement Iowa Code sections 22.2, 22.3, 22.4, 22.8, 22.10, and 22.11.

761—4.4(22) Access to confidential records. The following provisions are in addition to those specified in rule 761— 4.3(22) and are minimum requirements. A statute or another department rule may impose additional requirements for access to certain classes of confidential records.

4.4(1) Procedure.

a. Form of request. The custodian shall ensure there is sufficient information to provide reasonable assurance that access to a confidential record may be granted. Therefore, the custodian may require the requester to:

(1) Submit the request in writing.

(2) Provide proof of identity and authority to secure access to the record.

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

b. Response to request. The custodian shall notify the requester of approval or denial of the request for access. If the requester indicates to the custodian that a written notice is desired if the request for access is denied, the custodian shall provide such notice promptly. The notice shall be signed by the custodian and include:

(1) The name and title or position of the custodian, and

(2) A brief statement of the grounds for denial, including a citation to the applicable statute or other provision of law.

c. Reconsideration of denial. A requester whose request is denied by the custodian may apply to the director of transportation for reconsideration of the request.

4.4(2) Release of confidential records by the custodian. The custodian may release a confidential record or a portion of it:

a. To the legislative fiscal bureau pursuant to Iowa Code section 2.52.

b. To the citizens’ aide pursuant to Iowa Code section 2C.9.

c. To other governmental officials and employees only as needed to discharge their duties.

d. To those persons as permitted or required by rule 761—4.9(22).

e. To persons authorized by the subject of the record in accordance with rule 761—4.5(22).

4.4(3) Release of confidential records by the director.

a. The director of transportation may release a confidential record or a portion of it to a person not covered in subrule 4.4(2) if the release:

(1) Is permitted by statute, rule or another provision of law, and

(2) Is not inconsistent with the stated or implied purpose of the law which establishes or authorizes confidentiality.

b. Before the director releases a record to a person not covered in subrule 4.4(2), the director may notify the subject of the record of the impending release and may give the subject a reasonable amount of time to seek an injunction.

4.4(4) Mixed record. A confidential record may, due to its nature or the way it is compiled or stored, contain a mixture of confidential and nonconfidential information. The department shall not refuse to release the nonconfidential information simply because the record is compiled or stored in this fashion.

4.4(5) Information released. If a person is provided access to less than an entire record, the department shall take measures to ensure that the person is furnished only the information that is to be released. This may be done by providing to the person either an extraction of the information to be released, or a copy of the record from which the information not to be released has been deleted.

This rule is intended to implement Iowa Code section 22.11.

761—4.5(22) Consent to release a confidential record to a third party. To the extent permitted by law, the subject of a confidential record may consent to its release to a third party. The consent must be in writing and must identify the particular record that may be disclosed and the particular person or class of persons to whom the record may be disclosed. The subject of the record may be required to provide proof of identity. Appearance of counsel before the agency on behalf of a person who is the subject of a confidential record may be deemed to constitute consent for the department to disclose records about that person to the person’s counsel.

This rule is intended to implement Iowa Code section 22.11.

4.6(1) A person may request that all or a portion of a rec–ord be confidential. The request must be submitted in writing to the custodian and:

a. Identify the information for which confidential treatment is sought.

b. Cite the legal basis that justifies confidential treatment.

c. Give the reasons why the person would be aggrieved or adversely affected by disclosure of the information. The person may be required to provide any proof necessary to support these reasons.

4.6(2) The custodian shall notify the requester in writing of the granting or denial of the request and, if denied, the reasons therefor.

4.6(3) If the request is denied, the requester may apply to the director of transportation for reconsideration of the request.

This rule is intended to implement Iowa Code section 22.11.

761—4.7(22) Procedure by which additions, dissents, or objections may be entered into records. Except as otherwise provided by law, the person who is the subject of a rec–ord may have a written statement of additions, dissents or objections entered into that record. The statement shall be filed with the custodian. The statement must be dated and signed by the person who is the subject of the record and include the person’s current address and telephone number. This rule does not authorize the person who is the subject of the record to alter the original record or to expand the official record of any agency proceeding.

This rule is intended to implement Iowa Code section 22.11.

761—4.8(22) Notice to suppliers of information. When the department requests a person to supply information about that person, the department shall notify the person of the use that will be made of the information, which persons outside the agency might routinely be provided this information, which parts of the requested information are required and which are optional, and the consequences of a failure to provide the information requested. This notice may be given in these or other rules of the department, on the written form used to collect the information, on a separate fact sheet or letter, in brochures, in formal agreements, in contracts, in handbooks, in manuals, orally, or by other appropriate means.

This rule is intended to implement Iowa Code section 22.11.

ITEM 3. Amend rule 761—4.9(22) as follows:

761—4.9(22) Confidential records. This rule describes the types of departmental information or records that are confidential. This rule is not exhaustive. A citation of the legal authority for confidentiality follows each description.

As related to particular types of confidential information or records, this rule also includes exceptions to confidentiality, the rights of certain persons to have access, and permissible disclosures.

Descriptions:

4.9(1) Hospital, medical and professional counselor rec–ords of the condition, diagnosis, care or treatment of present or former patients or counselees. (Iowa Code section 22.7)

a. This category of records includes but is not limited to:

(1) Hospital hospital, medical and professional counselor records of present or former departmental employees.

b. Notwithstanding this subrule, “State of Iowa Employers Work Injury Report” forms are not confidential.

d c. The subject of a hospital, medical or professional counselor record has the right of access to it.

4.9(2) No change.

4.9(3) Records which constitute attorney work product, attorney–client communications, or that are otherwise privileged. (Attorney work product is confidential under Iowa Code sections 22.7, 622.10 and 622.11, Iowa R. C. P. 122(c) 1.503(3), Fed. R. Civ. P. 26(b)(3), and case law. Attorney–client communications are confidential under Iowa Code sections 622.10 and 622.11, the rules of evidence, the Code of Professional Responsibility, and case law.)

a. This category of records includes but is not limited to:

(1) Investigations conducted in anticipation of tort claims or other litigation.

(2) Records directly related to threatened litigation over title.

b. Reserved.

4.9(4) No change.

4.9(5) Reports to the department which, if released, would give advantage to competitors and serve no public purpose. (Iowa Code section 22.7)

a. Examples of records which could in the proper circumstances be determined to be within this category include but are not limited to:

(1) No change.

(2) Documents submitted by firms for departmental use in certifying their eligibility as disadvantaged business enterprises or women’s business enterprises.

(3) to (7) No change.

b. The subject of the record has the right of access to it.

4.9(6) Criminal identification files, except for the records of current and prior arrests. (Iowa Code section 22.7)

a. The custodian may disseminate criminal identification data to a peace officer, a criminal justice agency, or a state or federal regulatory agency if the custodian is satisfied that the need to know and the intended use are reasonable.

b. The custodian shall also comply with Iowa Code section 692.3 chapter 692.

4.9(7) to 4.9(13) No change.

4.9(14) Vehicle accident reports submitted to the department by drivers and peace officers. (Iowa Code sections 321.266 and 321.271)

a. However, access shall be granted to those persons authorized by Iowa Code section 321.271.

b. Pursuant to Iowa Code section 22.7, the lawful custodian may release the following information from peace officer’s accident reports even though the reports are confidential: date, time and location of the accident, names of parties to the accident, owners and descriptions of the motor vehicles involved, name of investigating officer, names of injured, locations where motor vehicles and injured were transported, and the identification and owners of damaged property other than motor vehicles Reserved.

4.9(15) to 4.9(23) No change.

4.9(24) 4.9(33) All other information or records that by law are or may be confidential, with the following exceptions:

a. Records of the departmental library.

b. Reserved.

This rule is intended to implement Iowa Code chapters 22, and 553 and 692; Iowa Code sections 6B.45, 17A.2, 17A.3, 21.5, 72.3, 313.10, 321.11, 321.19, 321.186, 321.189A, 321.266, 321.271, 422.20, 452A.63, 602.10112, 622.10, 622.11, 692.3, 804.29 and 808.13; and Title 5, sections 552 and 552a of the United States Code 5 U.S.C. §§ 552 and 552a; and 18 U.S.C. § 2721 et seq.

ITEM 4. Rescind rule 761—4.10(22).

Pursuant to the authority of Iowa Code sections 307.10, 307.12 and 315.10, the Department of Transportation hereby gives Notice of Intended Action to amend Chapter 163, “RISE Program,” Iowa Administrative Code.

The amendments to this chapter make corrections that were identified as a result of reviews conducted in accordance with Executive Order Number 8. The following summarizes these changes:

Item 1 revises five definitions.

Item 2 rescinds the definition for “regional development project.” Item 4 strikes references to regional development projects. In Item 11, the regional development category isrescinded. Candidates for regional development RISE funding are usually on the primary road system, using state RISE funds. Beginning in 1991, Iowa Code section 315.4 specified that state RISE funds be spent exclusively on the Commercial and Industrial Network (CIN). Since that time, the Transportation Commission has programmed all state RISE fund projects on the CIN. Additionally, many projects meeting the objectives of the regional development category have been funded as local development projects using city and county RISE funds.

Items 3, 7 and 10 reflect current DOT organization and refer applicants to the Department’s Internet Web site for RISE applications, instructions and forms.

Item 5 clarifies the process for applicants to seek written approval to acquire right–of–way prior to receiving RISE funding if there is an extreme urgency involving advance right–of–way acquisition.

Items 6 and 9 make changes to comply with the amended “transportation justification” definition to allow for planning considerations that could impact the RISE project.

Item 8 clarifies the provision under which the Transportation Commission may approve a participation amount that is less than 20 percent if it determines that the applicant city or county is economically distressed.

Item 12 updates the implementation clause for the chapter.

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

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

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

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

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

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

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

A meeting to hear requested oral presentations is scheduled for Friday, November 8, 2002, at 10 a.m. in the Administration Building, Third Floor Conference Room, Department of Transportation, 800 Lincoln Way, Ames, Iowa.

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

These amendments are intended to implement Iowa Code chapter 315.

Proposed rule–making actions:

ITEM 1. Amend rule 761—163.1(315), definitions of “immediate opportunity project,” “local development project,” “metropolitan area,” “project,” and “transportation justification,” as follows:

“Immediate opportunity project,” one of the three two types of RISE projects, is a roadway project that needs a funding commitment within a short time period and meets the threshold criteria in subrule 163.8(6). The project primarily provides improved access to either a single economic unit, such as a county, a city, an industrial park, a plant or other business, a development site or a tourist attraction, or to a portion of a metropolitan area.

“Local development project,” one of the three two types of RISE projects, is a roadway project which is programmed through a semiannual competitive rating procedure. The project primarily provides improved access to either a single economic unit, such as a county, a city, an industrial park, a plant or other business, a development site or a tourist attraction, or to a portion of a metropolitan area.

“Metropolitan area” means an urbanized area, as defined by the latest available federal decennial or special census the area encompassed by the metropolitan area boundary established by the metropolitan planning organization (MPO) for a U.S. census–defined urbanized area.

“Project” means an eligible activity or cost or set of eligible activities or costs funded with RISE program funds. The three two types of projects which may be funded under the RISE program are immediate opportunity projects, and local development projects, and regional development projects.

“Transportation justification” means the reasons given for a project from an a transportation planning and engineering standpoint. The justification should address the current condition of existing roadways or bridges, the relationship of the project to connecting roads, anticipated total traffic, anticipated large truck traffic, proposed major design features, roadway function, and the reasons the proposed alternative was selected over other available alternatives.

ITEM 2. Amend rule 761—163.1(315) by rescinding the definition of “regional development project.”

ITEM 3. Amend subrule 163.3(3) as follows:

163.3(3) The department’s office of advance systems planning shall be responsible for administering the RISE project selection process. RISE application instructions and forms are available upon request to the Office of Advance Systems Planning, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone (515)239–1664. Application forms and instructions are also available on the Internet at www.dot.state.ia.us/forms.

ITEM 4. Amend paragraph 163.4(2)“d” as follows:

d. Type of projects. The three two types of projects which may be funded under the RISE program are immediate opportunity projects, and local development projects, and regional development projects. The requirements and procedures specifically applicable to the various two project types are located in the following rules of this chapter:

(1) Immediate opportunity projects: Rule 163.8(315).

(2) Local development projects: Rule 163.9(315).

ITEM 5. Amend paragraph 163.7(2)“a” as follows:

a. Any and all costs incurred prior to a funding commitment by the commission except for advance right–of–way acquisition costs necessary to protect or preserve a project corridor. If there is an extreme urgency involving right–of–way acquisition, a potential applicant may formally request from the department a written waiver which, if granted, will permit the applicant written approval to acquire the right–of–way immediately without jeopardizing the eligibility of the acquisition costs for future RISE funding. Granting of the waiver shall this approval does not imply or guarantee that a subsequent application which includes the acquisition costs will be funded. The request for the advance eligibility must include justification regarding the urgency of the acquisition, a description of the land to be acquired, and a map showing its location. The advance eligibility waiver Approval to acquire right–of–way immediately must be requested from and approved granted by the department prior to the applicant’s acquisition of the land in question, and the. The RISE application which includes the acquisition costs must be received by the department within two years following the granting of the waiver this approval, or the waiver approval is not valid.

ITEM 6. Amend paragraph 163.8(1)“e” as follows:

e. There must be an adequate transportation justification for the roadway project. The proposed improvement need not be designed prior to project application, but the concept must generally be reasonable from a transportation planning and engineering standpoint and detailed enough to enable project cost estimates to be developed.

ITEM 7. Amend rule 163.8(3), introductory paragraph, as follows:

163.8(3) Submission of applications. Application instructions and forms for immediate opportunity projects are available from the office of advance systems planning or on the Internet at www.dot.state.ia.us/forms. An original and one copy of each completed application shall be submitted to the office of advance systems planning. Applications may be submitted at any time.

ITEM 8. Amend subparagraph 163.8(6)“d”(2) as follows:

(2) The 20 percent requirement is subject to a hardship waiver by the commission may approve a participation amount that is less than 20 percent if it determines that the applicant city or county is in the case of an economically distressed county or city.

ITEM 9. Amend paragraph 163.9(1)“e” as follows:

e. There must be an adequate transportation justification for the roadway project. The proposed improvement need not be designed prior to project application, but the concept must generally be reasonable from a transportation planning and engineering standpoint and detailed enough to enable project cost estimates to be developed.

ITEM 10. Amend subrule 163.9(3), introductory paragraph, as follows:

163.9(3) Submission of applications. Application instructions and forms for local development projects are available from the office of advance systems planning or on the Internet at www.dot.state.ia.us/forms. An original and one copy of each completed application shall be submitted to the office of advance systems planning.

ITEM 11. Rescind rule 761—163.10(315).

ITEM 12. Amend 761—Chapter 163, implementation clause, as follows:

These rules are intended to implement Iowa Code section 312.2 and chapter 315 and 2000 Iowa Acts, chapter 1101, section 6.

In compliance with Iowa Code chapter 74A and section 12C.6, the committee composed of Treasurer of StateMichael L. Fitzgerald, Superintendent of Credit Unions James E. Forney, Superintendent of Banking Thomas B. Gronstal, and Auditor of State Richard D. Johnson haveestablished today the following rates of interest for public obligations and special assessments. The usury rate forOctober is 6.25%.

INTEREST RATES FOR PUBLIC

OBLIGATIONS AND ASSESSMENTS

74A.2 Unpaid Warrants Maximum 6.0%

74A.4 Special Assessments Maximum 9.0%

RECOMMENDED for 74A.3 and 74A.7: A rate equal to 75% of the Federal Reserve monthly published indices for U.S. Government securities of comparable maturities.

The rate of interest has been determined by a committee of the state of Iowa to be the minimum interest rate that shall be paid on public funds deposited in approved financial institutions. To be eligible to accept deposits of public funds of the state of Iowa, a financial institution shall demonstrate a commitment to serve the needs of the local community in which it is chartered to do business. These needs include credit services as well as deposit services. All such financial institutions are required to provide the committee with a written description of their commitment to provide credit services in the community. This statement is available for examination by citizens.

New official state interest rates, effective October 10, 2002, setting the minimums that may be paid by Iowa depositories on public funds are listed below.

TIME DEPOSITS

7–31 days Minimum 1.20%

32–89 days Minimum 1.20%

90–179 days Minimum 1.20%

180–364 days Minimum 1.40%

One year to 397 days Minimum 1.40%

More than 397 days Minimum 1.70%

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

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

Pursuant to the authority of Iowa Code section 544A.29, the Architectural Examining Board hereby amends Chapter 2, “Registration,” Iowa Administrative Code.

This amendment to Chapter 2 clarifies the process by which the Board may consider experience for reciprocal registration in lieu of meeting a specific requirement of the Intern Development Program (IDP).

Notice of Intended Action was published in the June 12, 2002, Iowa Administrative Bulletin as ARC 1692B. No public comments were received. This amendment is identical to the one published under Notice.

This amendment was adopted by the Board on September 10, 2002.

This amendment shall become effective on November 20, 2002.

This amendment is intended to implement Iowa Code chapter 544A.

The following amendment is adopted.

Amend subrule 2.2(2) as follows:

2.2(2) Registration requirements. The board, by approval of three of its members who are registered architects, may waive examination requirements for architects registered during the current year in another state or country where the qualifications prescribed at the time of registration were equal to those prescribed in Iowa. For the purpose of determining substantially equivalent qualifications, applicants who were originally registered in another state after July 1, 1984, shall have an NAAB–accredited professional degree and applicants registered after June 1, 1991, shall have met the training requirements for Intern Development Program (IDP). Applicants shall be deemed to have met the IDP requirement regardless of the date of completion of the required experience, provided the experience was completed prior to filing an application for Iowa registration. Such applicants shall not be required to show evidence of retroactive completion of IDP provided that the applicant can substantiate at least two years of undisciplined registration in all states of registration prior to the date of application for reciprocity in this state.

[Filed 9/26/02, effective 11/20/02]

[Published 10/16/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/16/02.

Pursuant to the authority of Iowa Code sections 455B.105 and 455B.173, the Environmental Protection Commission hereby amends Chapter 60, “Scope of Title—Definitions

—Forms—Rules of Practice,” Chapter 62, “Effluent and Pretreatment Standards: Other Effluent Limits or Prohibitions,” and Chapter 63, “Monitoring, Analytical and Reporting Requirements,” Iowa Administrative Code.

The purpose of these amendments is to update references to federal effluent and pretreatment standards and associated analytical methods. References to federal effluent and pretreatment standards found in rules 567—62.4(455B) and 567—62.5(455B) are amended to reflect updates to 40 Code of Federal Regulations (CFR). The change to rule 567— 60.2(455B) updates the definition of “Act” to include amendments to the Water Pollution Control Act through July 1, 2002. The change to subrule 63.1(1) updates the reference to the latest federally approved methods for the analysis of wastewater samples.

In accordance with Iowa Code section 17A.4(2), the Commission finds that notice and public participation are unnecessary. Under rule 567—62.2(455B), the Commission has determined previously that good cause exists for exempting from the notice and public participation requirements of Iowa Code section 17A.4(1) the adoption by reference of certain federal effluent and pretreatment standards. The Commission finds that public participation is unnecessary since the Commission must adopt effluent and pretreatment standards at least as stringent as the enumeratedpromulgated federal standards in order to have continuedapproval of the Environmental Protection Agency (EPA)of the Department’s NPDES program. Iowa Code section 455B.173(3) requires that the effluent and pretreatment standards adopted by the Commission not be more stringent than the enumerated promulgated federal standards. The Commission also finds that public participation is unnecessary when updating the reference to approved methods for analysis because these methods are required by EPA to be used to implement federal effluent and pretreatment standards.

These amendments may have an impact upon small businesses.

These amendments are intended to implement Iowa Code chapter 455B, division III, part 1.

These amendments shall become effective November 20, 2002.

The following amendments are adopted.

ITEM 1. Amend rule 567—60.2(455B), definition of “Act,” as follows:

“Act” means the Federal Water Pollution Control Act as amended through July 1, 2001 2002, 33 U.S.C. §1251 et seq.

ITEM 2. Amend rule 567—62.4(455B), introductory paragraph, as follows:

567—62.4(455B) Federal effluent and pretreatment standards. The federal standards, 40 Code of Federal Regulations (CFR), revised as of July 1, 2001 2002, are applicable to the following categories:

ITEM 3. Amend subrule 62.4(2) as follows:

62.4(2) Cooling water intake structures. Reserved. The following is adopted by reference: 40 CFR Part 125, Subpart I.

ITEM 4. Amend rule 567—62.5(455B) as follows:

567—62.5(455B) Federal toxic effluent standards. The following is adopted by reference: 40 CFR Part 129, revised as of July 1, 2001 2002.

ITEM 5. Amend subrule 63.1(1), paragraph “a,” as follows:

a. The following is adopted by reference: 40 Code of Federal Regulations (CFR) Part 136, revised as of July 1, 2001 2002.

[Filed Without Notice 9/25/02, effective 11/20/02]

[Published 10/16/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/16/02.

Pursuant to the authority of Iowa Code section 455B.103A, the Environmental Protection Commission hereby adopts amendments to Chapter 60, “Wastewater Treatment and Disposal,” and Chapter 64, “Wastewater Construction and Operation Permits,” Iowa Administrative Code.

These amendments implement the phase II provisions to the storm water program recently adopted by the Environmental Protection Agency. The Department carries out the storm water program as part of the NPDES program under a delegation agreement with the U.S. Environmental Protection Agency, and the Department is required to adopt and enforce regulations at least as stringent as federal regulations. The adopted changes include lowering the threshold for construction site permits to one acre and requiring more cities to obtain storm water permit coverage.

Notice of Intended Action was published in the Iowa Administrative Bulletin on July 10, 2002, as ARC 1778B. No comments regarding these amendments were received during the comment period or at the public hearing on August 16, 2002. The final amendments are identical to the Notice of Intended Action.

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

These amendments shall become effective November 20, 2002.

The following amendments are adopted.

ITEM 1. Amend rule 567—60.2(455B), definition of “storm water discharge associated with industrial activity,” unnumbered paragraph and paragraph “10,” as follows:

For the categories of industries identified in paragraphs “1” to “9” and “11,” the term includes only storm water discharges from all the areas (except access roads and rail lines) that are listed in the previous sentence where material handling equipment or activities, raw materials, intermediate products, final products, waste materials, by–products, or industrial machinery are exposed to storm water. For the purposes of this paragraph, material handling activities include the: storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by–product or waste product. To qualify for this exclusion, a storm–resistant shelter is not required for: drums, barrels, tanks and similar containers that are tightly sealed with bands or otherwise secured and have no taps or valves, are not deteriorated and do not leak; adequately maintained vehicles used in material handling; and final products other than products that would be mobilized in storm water discharge. The term excludes areas located on plant lands separate from the plant’s industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with storm water drained from the above described areas. Industrial facilities (including industrial facilities that are federally, state, or municipally owned or operated) that meet the description of the facilities listed in paragraphs “1” to “11” of this definition include those facilities designated under 40 CFR 122.26(a)(1)(v) as amended through June 15, 1992 December 8, 1999. The following categories of facilities are considered to be engaging in “industrial activity” for purposes of this definition:

10. Construction activity including clearing, grading and excavation activities except operations that result in the disturbances disturbance of less than 5 acres of total land area which are is not part of a larger common plan of development or sale; . Effective March 10, 2003, construction activity including clearing, grading and excavation activities except operations that result in the disturbance of less than 1 acre of total land area which is not part of a larger common plan of development or sale;

ITEM 2. Amend rule 567—60.2(455B) by adopting the following new definitions in alphabetical order:

“Small municipal separate storm sewer system” means all separate storm sewer systems that are owned or operated by the United States, the state of Iowa or a city, town, county, district, association or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or a designated and approved management agency under Section 208 of the Clean Water Act that discharges to waters of the United States or of the state of Iowa, and that have a population of less than 100,000 as determined by the 1990 census. This term includes systems similar to separate storm sewer systems in municipalities, such as systems at military bases, large hospital or prison complexes, and highways and other thoroughfares. The term does not include separate storm sewers in very discrete areas such as individual buildings.

“Storm water discharge associated with small construction activity” means the discharge of storm water from:

1. Construction activities including clearing, grading, and excavating that result in land disturbance of equal to or greater than 1 acre and less than 5 acres. Small construction activity also includes the disturbance of less than 1 acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb an area equal to or greater than 1 acre and less than 5 acres. Small construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility.

2. Any other construction activity designated by the director based on the potential for contribution to a violation of a water quality standard or for significant contribution of pollutants to waters of the United States.

ITEM 3. Amend subrule 60.3(2) by adopting the following new paragraphs “l” and “m”:

l. Notice of Discontinuation From Coverage Under General Permit No. 5 542–8038.

m. Information Required to Accompany Application for the Municipal Separate Storm Sewer System (MS4) Permit 542–8039.

ITEM 4. Amend subrule 60.3(3) by adopting the following new paragraph “i”:

i. General Permit No. 5, “Discharge from Mining and Processing Facilities,” Annual Monitoring Report 542–8035.

ITEM 5. Amend subrule 64.3(4), paragraph “b,” subparagraphs (1) through (4), as follows:

(1) For existing storm water discharge associated with industrial activity, with the exception of discharges identified in subparagraphs (2) and (4) (3) of this paragraph, on or before October 1, 1992; .

(2) For any existing storm water discharge associated with industrial activity from a facility or construction site that is owned or operated by a municipality with a population of less than 100,000 other than an airport, power plant or uncontrolled sanitary landfill, NPDES storm water permit application requirements are reserved until a later date and as requirements are established by the U.S. Environmental Protection Agency in 40 CFR 122.26 (as amended through June 15, 1992); on or before March 10, 2003.

For purposes of this subparagraph, municipality means city, town, borough, county, parish, district, association, or other public body created by or under state law. The entire population served by the public body shall be used in the determination of the population.

(3) (4) For storm water discharge associated with industrial activity which initiates operation after October 1, 1992, with the exception of discharges identified in subparagraph subparagraphs (2) and (3) of this paragraph, at least 24 hours prior to the date operation is scheduled to begin; or .

ITEM 6. Rescind rule 567—64.13(455B) and adopt the following new rule in lieu thereof:

64.13(1) The following is adopted by reference: 40 CFR 122.26 as promulgated November 16, 1990 (55 FR 47990), and amended March 21, 1991 (56 FR 12098), April 2, 1992 (57 FR 11394), and December 8, 1999 (64 FR 68838).

64.13(2) Small municipal separate storm sewer systems.

a. For any discharge from a regulated small municipal separate storm sewer system (MS4), the permit application must be submitted no later than March 10, 2003, if designated under this subrule.

b. All MS4s located in urbanized areas as defined by the latest decennial census or which serve 10,000 people or more and all MS4s located outside urbanized areas and where the average population density is 1,000 people/square mile or more are regulated small MS4s unless waiver criteria established by the department are met and a waiver has been granted by the department.

c. Permit coverage requirements for MS4s located in urbanized areas and serving 1,000 or more people and fewer than 10,000 people may be waived if the following requirements are met:

(1) The department has evaluated all waters of the United States that receive a discharge from the MS4, and for all such waters, the department has determined that storm water controls are not needed based on wasteload allocations that are part of an EPA approved or established total maximum daily load (TMDL) that addresses the pollutants of concern or, if a TMDL has not been developed or approved, an equivalent analysis that determines sources and allocations for the pollutants of concern. The pollutants of concern include bio–chemical oxygen demand, sediment or a parameter that addresses sediment (total suspended solids, turbidity or siltation), pathogens, oil and grease, and any pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the MS4.

(2) The department has determined that future discharges from the MS4 do not have the potential to result in exceed–ances of water quality standards, including impairment of designated uses or other significant water quality impacts including habitat and biological impacts.

d. Permit coverage requirements for MS4s located in urbanized areas and serving fewer than 1,000 people may be waived if the following requirements are met:

(1) The system is not contributing substantially to the pollutant loadings of a physically interconnected MS4 that is regulated by the NPDES storm water program.

(2) The MS4 discharges any pollutants that have been identified as a cause of impairment of any water body to which the MS4 discharges and the department has determined that storm water controls are not needed based upon wasteload allocations that are a part of an EPA approved or established TMDL that addresses the pollutants of concern.

e. Permit coverage requirements for MS4s located outside of urbanized areas and serving 10,000 or more people may be waived if the following criterion is met:

The MS4 is not discharging pollutants which are the cause of the impairment to a water body designated by the department as impaired.

f. Should conditions under which the initial waiver was granted change, the waiver may be rescinded by the department and permit coverage may be required.

g. MS4 applications shall, at a minimum, demonstrate in what manner the applicant will develop, implement and enforce a storm water management program designed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality and to satisfy the appropriate water quality requirements of the Clean Water Act. The manner in which the permittee will address the following items must be addressed in the application: public education and outreach on storm water impacts, public involvement and participation, illicit discharge detection and elimination, construction site storm water runoff control, postconstruction storm water management in new development and redevelopment, and pollution prevention for municipal operations. Measurable goals which the applicant intends to meet and dates by which the goals will be accomplished shall be included with the application.

64.13(3) Waivers for storm water discharge associated with small construction activity. The director may waive the otherwise applicable requirements in a general permit for storm water discharge from small construction activities as defined in 567—Chapter 60 when:

a. The value of the rainfall erosivity factor (“R” in the Revised Universal Soil Loss Equation) is less than 5 during the period of construction activity. The rainfall erosivity factor is determined in accordance with Chapter 2 of Agriculture Handbook Number 703, Predicting Soil Erosion by Water: A Guide to Conservation Planning With the Revised Universal Soil Loss Equation (RUSLE), pages 21–64, dated January 1997; or

b. Storm water controls are not needed based on a TMDL approved or established by the EPA that addresses the pollutant(s) of concern or, for nonimpaired waters that do not require TMDLs, an equivalent analysis that determines allocations for small construction sites for the pollutant(s) of concern or that determines that such allocations are not needed to protect water quality based on consideration of existing in–stream concentrations, expected growth in pollutant contributions from all sources, and a margin of safety. The pollutant(s) of concern includes sediment or a parameter that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the construction activity.

ITEM 7. Rescind subrule 64.15(2) and adopt the following new subrule in lieu thereof:

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

a. Part I, provision B, section 1, paragraph A of General Permit No. 2 is amended to read as follows:

Except for discharges identified under Parts I.B.2. and I.B.3., this permit may authorize the discharge of storm water associated with industrial activity from construction sites, (those sites or common plans of development or sale that will result in the disturbance of one or more acres of total land area),

b. Part VIII, under the definition: Storm water discharge associated with industrial activity, paragraph (x) of General Permit No. 2 is amended to read as follows:

Construction activity including clearing, grading and excavation activities except: operations that result in the disturbance of less than one acre of total land area which is not part of a larger common plan of development or sale.

ITEM 8. Amend subrule 64.16(3), paragraph “b,” subparagraph (2), as follows:

(2) For storm water discharge discharges from large and medium municipal separate storm sewers sewer systems (systems serving a population of 100,000 or more).

Annual Permit Fee $300 (per year)

or

Five–year Permit Fee $1,250

ITEM 9. Rescind and reserve subrule 64.16(4).

[Filed 9/25/02, effective 11/20/02]

[Published 10/16/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/16/02.

Pursuant to the authority of Iowa Code section 505.8(6), the Insurance Division hereby amends Chapter 90, “Financial and Health Information Regulation,” Iowa Administrative Code.

These amendments adopt the NAIC Standards for Safeguarding Customer Information Model Regulation. These amendments establish standards for developing and implementing administrative, technical and physical safeguards to protect the security, confidentiality and integrity of customer information pursuant to Sections 501, 505(b) and 507 ofthe Gramm–Leach–Bliley Act, codified at 15 U.S.C. 6801, 6805(b) and 6807.

These amendments were published under Notice of Intended Action in the July 24, 2002, Iowa Administrative Bulletin as ARC 1824B.

A public hearing was held on August 13, 2002. Comment was received regarding rule 90.39(505) on penalties and rule 90.38(505) that contains examples to licensees of methods to implement the rule. After review, rule 90.39(505) was revised, and the examples in rule 90.38(505) were retained as proposed.

These amendments are intended to implement Iowa Code chapter 505.

These amendments will become effective November 20, 2002.

The following amendments are adopted.

ITEM 1. Amend rule 191—90.2(505) by adopting the following new definitions in alphabetical order:

“Customer information” means nonpublic personal information about a customer, whether the information is in paper, electronic or other form, that is maintained by or on behalf of the licensee.

“Customer information systems” means the electronic or physical methods used to access, collect, store, use, transmit, protect or dispose of customer information.

“Service provider” means a person that maintains, proc–esses or otherwise is permitted access to customer information through the person’s provision of services directly to the licensee.

ITEM 2. Amend191—Chapter 90 by adopting the following new division:

90.37(1) Each licensee shall implement a comprehensive written information security program that includes administrative, technical and physical safeguards for the protection of customer information. The administrative, technical and physical safeguards included in the information security program shall be appropriate to the size and complexity of the licensee and the nature and scope of the licensee’s activities.

90.37(2) A licensee’s information security program shall be designed to:

a. Ensure the security and confidentiality of customer information;

b. Protect against any anticipated threats or hazards to the security or integrity of the information; and

c. Protect against unauthorized access to or use of the information that could result in substantial harm or inconvenience to any customer.

191—90.38(505) Examples of methods of development and implementation. The actions and procedures that follow are examples of methods a licensee may use to implement the requirements of rule 191—90.37(505) to assess, manage and control risks of disclosure:

1. Identify reasonably foreseeable internal or external threats that could result in unauthorized disclosure, misuse, alteration or destruction of customer information or customer information systems.

2. Assess the likelihood and potential damage of these threats, taking into consideration the sensitivity of customer information.

3. Assess the sufficiency of policies, procedures, customer information systems and other safeguards in place to control risks.

4. Design an information security program to control the identified risks, commensurate with the sensitivity of the information as well as the complexity and scope of the licensee’s activities.

5. Train staff, as appropriate, to implement the licensee’s information security program.

6. Regularly test or otherwise regularly monitor the key controls, systems and procedures of the information security program. The frequency and nature of these tests or other monitoring practices are determined by the licensee’s risk assessment.

7. Exercise appropriate due diligence in selecting service providers.

8. Require service providers to implement appropriate measures designed to meet the objectives of rule 191— 90.37(505) and, when indicated by the licensee’s risk assessment, take appropriate steps to confirm that service providers have satisfied these obligations.

9. Monitor, evaluate and adjust, as appropriate, the information security program in light of any relevant changes in technology, the sensitivity of customer information, internal or external threats to information, and the licensee’s own changing business arrangements, such as mergers and acquisitions, alliances and joint ventures, outsourcing arrangements and changes to customer information systems.

191—90.39(505) Penalties. An insurer, producer or licensee that violates a requirement of these rules shall be subject to the penalties imposed under Iowa Code chapter 507B in addition to any other penalties provided by the laws of this state.

191—90.40(505) Effective date. Each licensee shall establish and implement an information security program, including appropriate policies and systems, by June 30, 2003.

191—90.41 to 90.50 Reserved.

[Filed 9/27/02, effective 11/20/02]

[Published 10/16/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/16/02.

Pursuant to the authority of Iowa Code section 147.76, the Board of Behavioral Science Examiners hereby amends Chapter 31, “Licensure of Marital and Family Therapists and Mental Health Counselors,” Iowa Administrative Code.

The amendment postpones the date by which students graduating from a mental health counselor program must find individuals who are licensed as mental health counselors to provide supervision.

Notice of Intended Action was published in the Iowa Administrative Bulletin on July 24, 2002, as ARC 1828B. A public hearing was held on August 13, 2002, from 9 to11 a.m. in the Professional Licensure Conference Room, Fifth Floor, Lucas State Office Building, Des Moines, Iowa. The Board received one comment on the proposed amendment, which listed the following concerns:

• Supervision should be provided by a marital and family therapist or a mental health counselor, respectively.

• Iowa Code section 154D.2(2)(b) requires that an applicant for a license to practice mental health counseling have “at least two years of clinical experience, supervised by a licensee.”

The Board discussed the comments and the effect of the requirement on applicants applying for licensure and has adopted the amendment as stated in the Notice. Applicants who are applying for licensure should be supervised by a licensee; however, currently there is a shortage of licensees available to provide supervision. If the rule is applied at this time, applicants would have difficulty securing supervision, which would delay licensure of qualified individuals.

The amendment was adopted by the Board of Behavioral Science Examiners on September 20, 2002.

This amendment will become effective November 20, 2002.

This amendment is intended to implement Iowa Code chapter 154D.

The following amendment is adopted.

Amend subrule 31.7(3) as follows:

31.7(3) All supervision beginning on or after January 1, 2003 2006, shall be provided by a person licensed as a mental health counselor.

[Filed 9/26/02, effective 11/20/02]

[Published 10/16/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/16/02.

Pursuant to the authority of Iowa Code section 147.76, the Board of Chiropractic Examiners hereby rescinds Chapter 40, “Board of Chiropractic Examiners,” and adopts new Chapter 40, “Administrative and Regulatory Authority for the Board of Chiropractic Examiners,” Iowa Administrative Code.

The amendment rescinds the current rules about the organization and purpose of the Board and adopts new rules on 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 July 24, 2002, as ARC 1827B. A public hearing was held on August 13, 2002, from 9 to11 a.m. in the Professional Licensure Conference Room, Fifth Floor, Lucas State Office Building, Des Moines, Iowa. The Board received no comments on the proposed rules.

The amendment is identical to that published under Notice of Intended Action.

The amendment was adopted by the Board of Chiropractic Examiners on September 25, 2002.

This amendment will become effective November 20, 2002.

This amendment is intended to implement Iowa Code section 147.76 and chapters 17A, 151 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 [Ch 40] is being omitted. These rules are identical to those published under Notice as ARC 1827B, IAB 7/24/02.

[Filed 9/26/02, effective 11/20/02]
[Published 10/16/02]

[For replacement pages for IAC, see IAC Supplement 10/16/02.]

Pursuant to the authority of Iowa Code section 147.76, the Board of Respiratory Care Examiners hereby rescinds Chapter 260, “Board of Respiratory Care Examiners,” and adopts new Chapter 260, “Administrative and Regulatory Authority for the Board of Respiratory Care Examiners,” Iowa Administrative Code.

The amendment rescinds the current rules about the organization and purpose of the Board and adopts new rules on 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 July 10, 2002, as ARC 1780B. A public hearing was held on July 30, 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 comments on the amendment.

This amendment is identical to that published under Notice of Intended Action.

This amendment was adopted by the Board of Respiratory Care Examiners on September 18, 2002.

This amendment will become effective November 20, 2002.

This amendment is intended to implement Iowa Code chapters 17A, 147, 148A 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 [Ch 260] is being omitted. These rules are identical to those published under Notice as ARC 1780B, IAB 7/10/02.

[Filed 9/26/02, effective 11/20/02]
[Published 10/16/02]

[For replacement pages for IAC, see IAC Supplement 10/16/02.]

Pursuant to the authority of Iowa Code section 147.76, the Board of Respiratory Care Examiners hereby adopts new Chapter 265, “Practice of Respiratory Care Practitioners,” Iowa Administrative Code.

The amendment adopts new rules covering code of ethics, intravenous administration and polysomnography testing.

Notice of Intended Action was published in the Iowa Administrative Bulletin on May 29, 2002, as ARC 1637B. A public hearing was held on June 18, 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 comment on the proposed rules, which stated that the wording of rule 645—265.3(152B,272C) might be interpreted to include professions regulated by other regulatory boards. The following changes have been made for clarification, but the intent of the language has not changed.

• In rule 645—265.2(152B,272C), the word “someone” has been replaced with the words “licensed respiratory care practitioner.” The rule reads as follows:

“645—265.2(152B,272C) Intravenous administration. Starting an intravenous line or administering intravenous medications is not considered a competency within the scope of a licensed respiratory care practitioner. However, this rule does not preclude a licensed respiratory care practitioner from performing intravenous administration under the auspices of the employing agency if formal training is acquired and documented.”

• Rule 645—265.3(152B,272C) has been reworded by replacing the reference to Iowa Code chapter 148 with “a licensed Iowa medical or osteopathic physician.” The rule reads as follows:

“645—265.3(152B,272C) Polysomnography testing. Licensure as a respiratory care practitioner is not required for a person who administers oxygen or pressure therapy during a formal polysomnogram if the person is working in a formal sleep laboratory under the direct supervision of a licensed Iowa medical or osteopathic physician.”

The amendment was adopted by the Board of Respiratory Care Examiners on September 18, 2002.

This amendment will become effective November 20, 2002.

This amendment is intended to implement Iowa Code chapters 17A, 147, 152B and 272C.

EDITOR’S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Ch 265] is being omitted. With the exception of the changes noted above, these rules are identical to those published under Notice as ARC 1637B, IAB 5/29/02.

[Filed 9/26/02, effective 11/20/02]
[Published 10/16/02]

[For replacement pages for IAC, see IAC Supplement 10/16/02.]

Pursuant to the authority of Iowa Code section 147.76, the Board of Athletic Training Examiners hereby rescinds Chapter 350, “Board of Athletic Training Examiners,” and adopts new Chapter 350, “Administrative and Regulatory Authority for the Board of Athletic Training Examiners,” and amends Chapter 351, “Licensure of Athletic Trainers,” Iowa Administrative Code.

In Item 1, the amendment rescinds the current rules about the organization and purpose of the Board and adopts new rules on the purpose of the Board, organization and proceedings of the Board, official communications, office hours, and public meetings. In Item 2, definitions relating to the practice of athletic training are moved from Chapter 350 to Chapter 351.

Notice of Intended Action was published in the Iowa Administrative Bulletin on July 10, 2002, as ARC 1783B. A public hearing was held on July 31, 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 two comments on the proposed amendments. The commenters questioned the wording of two definitions which are being moved from Chapter 350 to Chapter 351 but whose wording has not changed. The comments are as follows:

• Reword the definition for “physical reconditioning,” because the use of the phrase “including but not limited to” implies that the practice of athletic training may incorporate techniques that are within the scope of practice of another license, and for which an athletic trainer has not had education or training.

• Reword the definition for “physician” by excluding chiropractic and podiatric in the definition.

The Board discussed these comments but will retain the current definitions at this time because changing the wording of the definitions will impact the scope of practice. When the chapter about licensure is reviewed, the Board will consider rewording the definitions of “physical reconditioning” and “physician.”

These amendments were adopted by the Board of Athletic Training Examiners on September 17, 2002.

These amendments will become effective November 20, 2002.

These amendments are intended to implement Iowa Code chapters 17A, 147, 152D 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 350; 351.1] is being omitted. These amendments are identical to those published under Notice as ARC 1783B, IAB 7/10/02.

[Filed 9/26/02, effective 11/20/02]
[Published 10/16/02]

[For replacement pages for IAC, see IAC Supplement 10/16/02.]

Pursuant to the authority of Iowa Code section 543D.5, the Real Estate Appraiser Examining Board hereby amends Chapter 1, “Organization and Administration,” and Chapter 8, “Investigations and Disciplinary Procedures,” Iowa Administrative Code.

The amendment to Chapter 1 provides a process for ruling on petitions for waivers or variances when it would not be timely to wait until the next regularly scheduled Board meeting for a ruling from the Board.

The amendment to Chapter 8 implements 2002 Iowa Acts, House File 2547, which amends Iowa Code section 272C.3, subsection 1, paragraph “d,” effective July 1, 2002.

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

Notice of Intended Action for these amendments was published in the Iowa Administrative Bulletin on August 21, 2002, as ARC 1883B. No oral or written comments were received. The amendments are identical to those published under Notice.

These amendments were approved during a conference call held on September 25, 2002. A conference call was held in lieu of a meeting in order to save the expense of a Board meeting and for the convenience of Board members dealing with time constraints.

These amendments will become effective November 20, 2002.

These amendments are intended to implement Iowa Code chapters 272C and 543D.

The following amendments are adopted.

ITEM 1. Amend rule 193F—1.13(17A) as follows:

1.13(1) Persons who wish to seek waivers or variances from board rules should consult the uniform rules for the division of professional licensing and regulation at 193 IAC 5.

ITEM 2. Rescind subrule 8.11(2) and adopt the following new subrule in lieu thereof:

8.11(2) Closing orders. The board’s executive officer 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.

[Filed 9/26/02, effective 11/20/02]

[Published 10/16/02]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/16/02.