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ADMINISTRATIVE RULES REVIEW COMMITTEE
Rules Digest -- November 1997 December 9 and 10, 1997, Room #116 For further information, please contact Joe Royce, Legal Counsel, Administrative Rules Review Committee |
| EDUCATION DEPARTMENT Tuesday-10:50, ICN funding, IAB Vol. XX, No 11, ARC 7651A, adopted |
House File 730 section two appropriates $2.5 million to subsidize certain ICN services to public and private schools. Under the Act the department must establish by rule a procedure for the ICN to be reimbursed for that portion of the cost of providing interactive video service to nonpublic and public schools for grades kindergarten through twelve and community colleges which is not included in the rates charged to such users for such service. In short, the state will subsidize interactive video for Iowa's K-12 and community college students. Any funds not expended this year will not revert to the general fund; instead they will be available for expenditure during the subsequent fiscal year for the same purpose, and cannot be transferred to any other program.
| ECONOMIC DEVELOPMENT DEPARTMENT Tuesday-1:50, Various new programs implemented, IAB Vol. XX, No 11, ARC 7645A thru 7649A, adopted. |
The department completes action on a series of economic development measures ARC 7645A creates a program that assists with major development projects that involve the physical infrastructure of the community The maximum award under this program is $1,000,000, but that amount can be waived by the director for projects that exceed the eligibility criteria. Awards come in the form of a loan or forgivable loan.. Eligible projects include transportation improvements, public works and utilities, environmental clean-ups, and similar activities. The project itself must show:
ARC 7646A adds a venture project component to the CEBA program, to fund new business opportunities and product development. The company requesting CEBA assistance must be in start-up or early development stage. Funding is provided as an equity investment, limited to $100,000.
ARC 7647A adopts changes to the average regional wage used to establish project for the Community Economic Betterment Program. This filing makes a number of changes to this important factor. The average regional wage is defined specifically for each individual county. Each county is considered the center of a larger region and the regional wage is established by calculating the average wage in that county along with the average wages of the surrounding counties. The center county is given a weighting of four while the surrounding counties have a weighting of one. Thus the impact of neighboring counties will be diminished--that impact was the subject of criticism in the previous version of these rules.
Another change relates to the county starting wage. No more than $100,000 can be loaned to a business unless the wage is 85% of the county average or $9.31. That limitation is raised to 90% of either the average regional or county wage, or $9.50, whichever is lowest. One provision in the notice was dropped in the final filing; the rule does not contain a wage floor of $7.00 for an existing business or $7.50 for a business recruited to Iowa.
ARC 7648A adopts a number of changes to the CDBG program. In essence seventy percent of the competitive funds will be earmarked for the water and sewer fund, fifteen percent to the community facilities fund and the remainder to either fund at the discretion of the director.
ARC 7649A implements House File 655, which appropriated $600,000 for a "high-technology apprenticeship" program for training provided by the community colleges.
| ENVIRONMENTAL PROTECTION DIVISION Wednesday-9:10, Non-public water wells, IAB Vol. XX, No 11, ARC 7652A, notice. |
For the first time since 1983 the division proposes a major revision of the non-public water well registration. The rules will be applicable to all non-public supplies used for domestic, agricultural, commercial and industrial consumption. Variances may be available if equal protection can be provided by another means.
The rules begin by establishing separation distances for various sources of potential contamination. The proposal then sets out detailed standards for well construction. These standards include material standards and the weights and dimensions for casing pipes and couplings. Standards for the pump, pump equipment and the pump house are also set out. Similar provisions are currently in place for all these provisions, the proposal simple adds additional categories and detail.
| INSPECTIONS AND APPEALS DEPARTMENT Tuesday-2:10, Background checks in care facilities, IAB Vol. XX, No 12, ARC 7688A, adopted. |
This filing was initially placed in emergency effect in August. Senate File 523 mandates that care facilities obtain from the Department of Public Safety criminal history and adult abuse checks for care facility employees which are newly hired. Additionally, the facilities may contact the Department of Human Services for a child abuse check. The rules slightly modify the statutory language by defining as an employee only those persons who directly or indirectly perform patient care. The definition excludes maintenance or repair workers, contractors or similar individuals who are in the facility for only a limited time or who do not provide patient care.
| INSURANCE DIVISION Wednesday-10:20, Heath care plans, IAB Vol. XX, No. 10, ARC 7611A, adopted. |
In 1996 Congress enacted The Health Insurance Portability and Availability Act of 1996; the division was given the duty to implement this mandate in House File 701. Under the federal Act an insurer offering a group health plan, may not establish rules for eligibility (including continued eligibility) of any individual to enroll under the terms of the plan based on any of the following health status-related factors in relation to the individual or a dependent of the individual:
These rules begin by providing a guarantee of renewability for group health policies, except in those cases involving nonpayment, fraud, or a general discontinuation of a policy type. When an insurer does discontinue a policy, it must give affected persons 90 days notice, and offer policy holders the opportunity to purchase any other coverage offered. If the company ceases to offer any health insurance, it must give affected individuals 180 days notice--and it is prohibited from reentering the market for five years.
Insurers may impose limits on pre-existing conditions, but in a limited fashion. The exclusion applies only to those conditions diagnosed or treated in the six months prior to enrollment. When an exclusion is imposed, it lasts only for a period of 12 months, or 18 months in the case of late enrollees.
| PETROLEUM UNDERGROUND STORAGE TANK BOARD Tuesday-1:00, Risk Assessments, IAB Vol. XX, No 10, ARC 7615A, notice. |
In order to receive a "no further action required" or "monitor only" certificate a petroleum site must have a risk based correction analysis. The board proposes rules allowing certified groundwater professions to do much of the work required for this analysis and provide increased government funding for this effort.
This amendment will create a new rule which will allow for 100 percent reimbursement of costs associated with the conversion of a previously accepted site cleanup report for all "monitor only" sites which are currently eligible for remedial or innocent landowner benefits. The amendment will increase the 100 percent funding of site clean-up reports from $20,000 up to $30,000 for sites with previously accepted of site clean-up reports. This amendment will allow DNR to receive an conversion of "monitor only" sites without DNR having to direct the owner to do the conversion. Only those owners who voluntarily agree to have the conversion completed at 100 percent funding will receive this benefit. Those owners who choose not to voluntarily conduct the conversion, and those owners who are not otherwise eligible for benefits from this program, will have their sites reviewed internally by DNR and DNR's staff assistance contractor and will be notified by DNR of the results of the conversion after the internal review.
| PETROLEUM UNDERGROUND STORAGE TANK BOARD Tuesday-1:00, Limitation on remedial benefits, IAB Vol. XX, No 11, ARC 7668A, notice. |
Current rules mandate that any owner or operator applying for remedial benefits demonstrate financial responsibility coverage. If there is a lapse in financial responsibility coverage for any period after October, 1990, the owner/operator will no longer be eligible for benefits if the site for which benefits are being requested has active tanks during the time the owner was unable to demonstrate financial responsibility. The rules require that all owners maintain financial responsibility continuously while tanks are operational. As a result, those owners who made a good-faith attempt to maintain their financial responsibility coverage through the state insurance fund, but encountered a lapse of coverage due to improper documentation, incorrect premium payment or missing a deadline, lost not only their financial responsibility coverage but also all remedial benefits to address past contamination.
Earlier, owners whose coverage lapsed were able to purchase backdated insurance if they could document compliance with underwriting criteria and all payments were made. Under current rules, backdating insurance is no longer allowed except for innocent landowner claims for periods prior to December 1993. A lapse of coverage for even a very short period of time will result in a loss of all remedial benefits.
The proposed change will allow for the reinstatement of remedial benefits if the lapse in financial responsibility coverage occurred after an owner/operator made a good-faith attempt to comply with the coverage requirements. Although coverage will not be backdated, the owner/operator will remain eligible for remedial benefits if extenuating circumstances are documented which created the lapse in coverage and the owner can document good-faith attempts to maintain that coverage.
| PUBLIC HEALTH DEPARTMENT Tuesday-11:20, Gambling Assistance, IAB Vol. XX, No 10, ARC 7641A, notice. |
The department proposes a general re-write of its gambler assistance program; the existing set of rules were transferred over from the Department of Human Services. The effect of this proposal appears little different than the current language, the new terms appear to be less detailed. The rules establish a funding structure for local service providers providing gambling assistance.
Local service providers must provide outpatient treatment for gambling disorders. Eligible clients consist of any Iowa resident with a documented gambling addiction. Providers must provide counseling, education and crisis services. Treatment is to be provided by trained gambling counselors.
To obtain funding each provider must meet a number of criteria which include:
| DEPARTMENT OF PUBLIC SAFETY Wednesday-10:30, Sex offender registry, IAB Vol. XX, No. 11, ARC 7661A, adopted. |
In 1995 the legislature enacted Senate File 93 [now Iowa Code Chapter 692A] which created a special information category for sex offenders. In part the Act stated: "A person who has been convicted of either a criminal offense against a minor, sexual exploitation, or a sexually violent offense shall register as provided in this chapter for a period of ten years commencing from the date of placement on probation, parole, work release, or other release from custody." To assist in this process the institution having custody of the individual or responsible for their sentencing must obtain the fingerprints, social security number and photograph of the individual and inform the person of the obligation to register with the local sheriff's office. These criminals, upon release, are required to report their residence or any change of address to the county sheriff within ten days, and annually verify that address. The individual must also pay to the sheriff a ten dollar registration fee.
Iowa Code section 692A.13 States the information in the sex offender registry is confidential, citing seven circumstances where information may be released. Subsection six allows the local sheriff to respond to queries concerning a specific individual at a specified address. Subsection 3 allows the department, or a criminal or juvenile justice agency with case-specific authorization from the department to release information concerning a specific individual, when that release is necessary to protect the public. Section 692A.10(4) states the Department of Public Safety will promulgate procedural rules implementing this chapter, including "_practical guidelines for use by criminal or juvenile justice agencies in determining when public release of information contained in the registry is appropriate_".
The registry has operated under emergency rules since its inception on July 1, 1995. Initial operation under emergency rules enabled it to commence operation on schedule and also allowed for a period of operation and experience to inform the process of developing permanent rules for the registry. Rule 661 IAC 8.304 established a brief procedure for making requests concerning community notification, but offered no guidelines or criteria to determine whether release was appropriate.
The department now revises those initial rules; the most significant additions are guidelines for public notification, as required by section 692A.10. In essence these guidelines are based on an evaluation of the risk factors associated with the particular offender. This program, called "Affirmative public notification for public protection", is set out in 661 IAC 8.304(1). Prior to authorizing public notification, the department will ensure that the registrant has been assessed to determine the risk of reoffending. A number of factors will be considered in making this determination, generally relating to the nature of the registrant's crimes, current behavior and perceived risk for continuing offenses. In specific cases additional factors may be considered, unique to that situation.
Registrants will be categorized as either "low risk" or "at risk", as determined by the assessment; the type of notification will vary according to the risk. For registrants who are "at risk" the person's name will be supplied to any law enforcement agency likely to encounter the registrant, plus individuals likely to encounter the registrant may be notified by:
The registrant has the right to an confidential administrative appeal to challenge the correctness of a public notice determination. When such a determination has been made, the registrant is notified of that decision and has 14 days to contest that decision. Public notification may proceed during that 14 day period if the director finds the registrant poses an immediate threat to the public health, safety or welfare.
| RACING & GAMING COMMISSION Tuesday-2:30, Distribution of receipts, IAB Vol. XX, No 11, ARC 7655A, adopted |
Item three of this filing requires the qualified sponsoring organization for both riverboats and racetrack gaming facilities to certify how all receipts are distributed. The current provision, implementing Iowa Code section 99F.6(4), simply states the organization must certify how all receipts are distributed. The filing greatly expands this requirement. All charitable distributions must be made using criteria established by the organization. These criteria must include provisions preventing conflicts-of-interest. {Note that the recipients themselves are carefully defined, bona fide charitable or civic institutions}. Then, the recipient of the distribution must certify the intended use of the proceeds and must be willing any information requested by the organization or the commission needed to ensure the recipient meets the stated criteria. The organization must then maintain records for the previous year identifying the recipients and the distribution, the criteria used to evaluate the distributions, and a statement {notarized, no less!} that all the distributions were within the criteria, rules and statutes.
It should be noted that Iowa Code section 99F.6(4) currently dictates how distributions are to be made, requiring the track to: "_distribute the receipts for educational, civic, public, charitable, patriotic, or religious uses as defined in section 99B.7, subsection 3, paragraph "b". That section in turn provides an exhaustive list of the purposes for which the funds may be used--that statutory listing essence already establishes the criteria for making awards.
| SUBSTANCE ABUSE COMMISSION DEPARTMENT OF TRANSPORTATION Tuesday-11:30, OWI related programs, IAB Vol. XX, No 11, ARC 7664A, notice. |
The commission proposes detailed standards for substance abuse programs treating offenders under Iowa's OWI law. When the DOT revokes a license under Iowa Code chapter 321J, it also must order the person to submit to substance abuse evaluation and, if recommended by the facility, treatment or rehabilitation services. A provider of substance abuse evaluation and treatment or rehabilitation programs shall be licensed by the division of substance abuse or may be granted may be granted provisional authority by the Iowa department of public health to conduct a substance abuse evaluation required under Iowa Code chapter 321J. To obtain provisional authority, the provider must apply for a license to the Iowa department of public health accompanied by a recommendation from the district court having jurisdiction for the offense. Provisional authority will expire on July 1, 1998.
Persons convicted of operating a motor vehicle while intoxicated or whose driver's license or nonresident operating privileges are revoked under Iowa Code chapter 321J must undergo a substance abuse evaluation and, if recommended, treatment.
The initial screening must follow a nationally recognized standard. The screening must also include any available information on:
If the initial screening shows a potential for chemical dependency, further evaluations will be completed. The additional work consists of further development of six assessment dimensions outlined in a nationally recognized standard.
Treatment consists of a broad range of planned and continuing, inpatient, outpatient, residential care services, including ongoing diagnostic evaluation, counseling, medical, psychiatric, psychological, and social service care geared toward influencing the behavior of such individuals to achieve a state of rehabilitation. Individuals will be placed in the appropriate level of care in accordance with the American Society of Addiction Medicine, Patient Placement Criteria for the Treatment of Substance-Related Disorders, Second Edition.
The cost of screening and evaluation shall be no more than $100 and the individual shall be responsible for the costs of the screening and evaluation. A person admitted to the program who cannot meet the costs of the treatment in whole or in part will be considered a state patient and eligible for state-funded treatment as provided in Iowa Code section 125.44. Programs should utilize the department's statewide sliding fee schedule to determine cost of treatment. There is no prohibition on any individual from paying in whole the cost of treatment. Programs may seek reimbursement of cost of screening, evaluation and treatment through an individual's insurance company, firm or corporation bound to pay, Medicaid for individual eligible or enrolled, or other forms of funding.
| DEPARTMENT OF TRANSPORTATION Tuesday-2:45, Insurance coverage cards, IAB Vol. XX, No 10, ARC 7612A, notice. |
House File 514 provides a person shall not drive a motor vehicle unless financial liability coverage is in effect for the motor vehicle and unless the driver has in the motor vehicle the proof of financial liability coverage card issued for the motor vehicle. Liability coverage may be in the form of insurance, bond, certificate of deposit or by self-insurance. This requirement does into effect on December 1st. Proof of financial liability coverage shall be in limits of not less than one hundred thousand dollars because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, three hundred thousand dollars because of bodily injury to or death of two or more persons in any one accident, and fifty thousand dollars because of injury to or destruction of property of others in any one accident.
| IOWA WORKFORCE DEVELOPMENT Tuesday-1:40, Iowa job training partnership program, IAB Vol. XX, No 11, ARC 7658A, notice |
The purpose of the Iowa Job Training Partnership Act {JPTA} program is to establish programs to prepare youth and unskilled adults for entry into the labor force and afford job training to those economically disadvantaged individuals and others facing serious barriers to employment who are in special need of and will benefit from the training to obtain productive employment.
Under the program the state is divided into 17 service areas. Within each service delivery area there is a private industry council. There is a minimum of 17 members on each PIC and the private sector representatives must constitute a majority of the membership. The required members include 9 members from the private sector, 3 members from community-based organizations and organized labor, and 1 representative from each of the following public agencies: education, vocational rehabilitation, public assistance, public employment service and economic development. Each local JTPA program is operated as a partnership, as established by written agreement between the PIC and the local county supervisors.
Each service area must develop a job training plan, a dislocated workers plan and a workforce development plan. Specific grants are made available under each of the programs. Each grantee must provide fiscal controls and accounting procedures sufficient to prepare required reports, demonstrate compliance with matching requirements, and trace funds to ensure compliance with all applicable law and general grant agreement provisions.
Each grantee must submit to the department an annual list of all subrecipient contracts including the name of the subrecipient, the dollar amount of the contract, the contract number, and a description of the contract. Each grantee must perform an annual independent financial and compliance audit of funds received by the grantee and its subrecipients. All costs incurred with the audit are the responsibility of the grantee. When either an audit or a compliance review reveals improper expenses, this creates a "debt" to the division, owed by the grantee. In cases of hardship this debt can be repaid over a period of one year.
Workforce Development will also review grantee compliance. Monthly compliance reviews will be conducted for all grantees, followed by an annual financial and program compliance review. This compliance includes detailed standards to promote equal opportunity and nondiscrimination. Each grantee must designate an equal opportunity officer to ensure compliance with then applicable federal regulations.
The proposal concludes with a detailed complaint process, providing appeals both on the local level and through the department. These procedures may culminate in a formal contested case.
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