![[Seal]](/DOCS/GA/76GA/Interim/seal.gif)
Rules Digest -- February 1998
Scheduled for committee review - March 9th, 1998 - Room #22
For further information, please contact Joe Royce, Legal Counsel,
Administrative Rules Review Committee
|
ADMINISTRATIVE RULES REVIEW COMMITTEE
Rules Digest -- February 1998 Scheduled for committee review - March 9th, 1998 - Room #22 For further information, please contact Joe Royce, Legal Counsel, Administrative Rules Review Committee |
| AGRICULTURE DEPARTMENT 8:20, Slaughterhouse blood testing , XIX IAB No. 18, ARC 7832A, emergency. |
This filing was informally reviewed by the committee at its February meeting. Previously, company employees conducted blood test on behalf of the USDA, which paid the company for that service. One processor has determined that the federal compensation was not adequate and has terminated the tests. For that reason the department has emergency filed a provision requiring the facilities to allow a government inspector to enter the premises to conduct that test. The provision prohibits the plant from charging an access fee and requires the inspector be given access to such things as the rest room, break room, lockers and other facilities routinely available to employees.
| ATTORNEY GENERAL 8:30, Disposal of forfeited property , XIX IAB No. 17, ARC 7825A, NOTICE. |
Iowa Code Chapter 809A (1997), the Iowa Forfeiture Reform Act, provides for the forfeiture of property that is contraband, proceeds of criminal activity, or used to commit a criminal act. Property is forfeited as a means of removing the profit from crime and as a way of preventing the continued use of property in criminal activity.
Forfeitures are civil actions, separate from any criminal prosecution. Forfeitures may be pursued by the Attorney General or by county attorneys on behalf of the State. When the Iowa District Court orders forfeiture of property to the State, Iowa Code section 809A.17 specifies how the property is to be allocated.
Any person having custody of property forfeited to the State must inform the Attorney General. If the property is not needed as evidence, it is to be delivered to the Department of Justice unless the Attorney General authorizes another form of disposal. Forfeited property may be used by the department in the enforcement of the criminal law. The department may give, sell, or trade property to any other state agency or to any other law enforcement agency within the state if, in the opinion of the attorney general, it will enhance law enforcement within the state.
Iowa Code section 809A.25 requires the Attorney General to promulgate rules for the administration of the chapter. These administrative rules provide guidelines for the destruction, preservation, distribution, and use of property forfeited to the State. A notice of intended action was originally published in March 1997; as a result of public comment the rules are re-noticed and a number of changes offered in response to that comment. First, proposed subrule 33.2(3) is amended to provide law enforcement agencies greater flexibility in determining what steps are appropriate for the safeguarding of real property seized for forfeiture. Second, proposed subrule 33.5(2) is amended to provide that seizing agencies may retain 90 percent of forfeited cash for their use or for division among law enforcement agencies and prosecutors pursuant to agreement. Third, new proposed rule 61--33.10 clarifies that mortgagees are included within the definition of lien holder, and that lien holders may be appointed to act as agents in disposing of forfeited property.
The rules are intended to insure the consistent use of good maintenance, storage, and record-keeping practices by seizing agencies, and to provide for use of forfeited property that will best enhance law enforcement efforts across the state. Because title to forfeited property vests in the state at the time of the illegal conduct that gives rise to forfeiture, there are significant safety and liability issues related to the handling of property seized for forfeiture. Since the decision to seize for forfeiture is generally made by a local agency, and since the majority of forfeited property is returned to those local agencies for law enforcement purposes, the local agencies assume responsibility for the safeguarding of the property subject to forfeiture.
An agency holding property seized for forfeiture must properly store it and pay any related storage or maintenance cost. Real property poses a special problem for the seizing agency. That agency must accept transfer of title from the department and bear all costs in making the transfer. The local agency must also agree to indemnify the state for all costs and liabilities that might occur during the time the State held title to the property. For example, if a forfeited property turns out to be contaminated with hazardous waste, clean-up becomes the responsibility of the seizing agency. Also, real property must be maintained up to state and local code, including yard maintenance and snow removal.
Automobiles also pose a problem; they must be "stored in a manner which will minimize deterioration." Since the forfeiture order transfers forfeited property to the State of Iowa, a new title first must be issued to the State. The Attorney General then transfers title to the seizing agency. Local agencies pay the department a $100 fee to cover the expenses from the two title transfers. The fee also insures that agencies will not forfeit vehicles with little or no value.
The department will review each item of forfeited property to determine whether it would be useful to the department in statewide law enforcement efforts; it may chose to retain ownership of the property. In the event of an unusually large forfeiture, where proceeds are disproportionate to the enforcement efforts or needs of the seizing agency, the department may reduce the percentage in that particular case. Traditionally, money has been split on a 9010 basis, with the department retaining 10 percent for law enforcement purposes; that tradition is now embodied in the rule. (Some forfeitures proceed through federal court, and seizing agencies generally retain less than 80% in those cases.) The rules also recognize that many local law enforcement agencies have entered into agreements for the sharing of forfeiture proceeds with task force agencies and county attorneys.
Under the rules, if the department does not want the forfeited property for use in the enforcement of the criminal law, the seizing agency must accept the property and either use it or dispose of it pursuant to the guidelines. These provisions are intended to prevent seizures for forfeiture of property that has high maintenance costs and little likelihood of enhancing law enforcement efforts.
| ECONOMIC DEVELOPMENT DEPARTMENT Tuesday-9:00, Housing Fund, IAB Vol. XX, No 17, ARC 7812A, adopted. |
The department replaces the old "HOME Investment Partnership Program" with a new program consolidating housing requirements, for low and moderate income housing, into a single chapter. This program funds "affordable" housing, which means for rentals, either the area fail market rent or 30% of 65% of the area median family income; and for home ownership the purchase price cannot exceed 95% of the median home price in the area. All rental units and home ownership assistance must go to households with incomes at or below 80% of the median income. Eligible activities under this program include rehabilitation of existing properties, rent assistance and new construction.
| EDUCATIONAL BOARD OF EXAMINERS 9:10, Practitioners license, IAB Vol. XX, No 17, ARC 7802A, notice. |
The board proposes a general re-write of the rules relating to the general teaching license. This new chapter defines the basic framework for Iowa practitioner licensure setting out the basic requirements and procedures for the issuance of all practitioners' licenses. These requirements include the type of licenses to be issued, including new licenses, the basic requirements and terms for each license, the new professional education core requirements, the human relations requirement, and the fee for the issuance of each type of license. The rules are similar to those currently in place. Seven licenses are available:
| HUMAN SERVICES DEPARTMENT 8:00, Child care centers, IAB Vol. XX, No. 17, ARC 7793A, adopted. |
The department adopts a series of revisions to its regulations concerning child care centers. These centers are separate from the regulation of day care providers. The most important change relates to education requirements for personnel. Instead of an absolute standard, a chart is set out for each position, containing various educational, experience, and child development training levels, with a point value assigned to each item. For example, the director must be 21 years old, be a high school graduate, and have 100 points; an on-site supervisor must have 75 points and a teacher must have 50 points.
The staff ratio requirements are revised although the staff-to-child ratio for all age groups will remain unchanged. The changes allow the ratio in combined age groups to be determined by the age of the majority of the children rather than the age of the youngest child unless children three years of age or under are included
| Child's age | Staff-to-child ratio |
|---|---|
| two weeks to two years | one to four children |
| two years | one to six children |
| three years | one to eight children |
| four years | one to twelve children |
| five years to ten years | one to fifteen children |
| ten years and over | one to twenty children |
The rules set out standards for the facility itself. A separate area must be provided for infants-not accessible to older children. The program room must be at least 80 square feet, with 35 square feet of floor space per child. 75 square feet of outdoor space must be provided per child, with shade and playground equipment. A toilet and sink must be provided for each 15 children.
Facilities must also be inspected for environmental hazards. Older facilities must be examined for lead hazards and all facilities using a basement must have a radon test. All fuel burning appliances must have an annual carbon monoxide test.
Facilities must provide an activities program planned according to the developmental level of the children. The rules require a balance of indoor and outdoor activities, physical and educational activities which complement the school curriculum. Both indoor and outdoor play equipment must be provided.
| HUMAN SERVICES DEPARTMENT 8:00, Managed health care, IAB Vol. XX, No. 17, ARC 7829A, notice. |
The department proposes a number of changes to its managed care program; this program in essence enrolls Medicaid recipients into HMO's where those organizations are available. The proposal ads significant detail to the definition of emergency care--now entitled "emergent care". This definition is important recipients do not need prior authorization to seek this care. The definition is required by federal law. "Emergent medical condition" means:
The determination of this condition exists is decided by a medical professional, based on the patient's medical condition, including presenting symptoms and medical history prior to treatment. A similar definition is used for less serious "urgent" medical care. In these cases prior authorization is required, but care must be provided in 24 hours.
The changes also drop a current provision prohibiting an HMO from have more than 75% Medicaid clients, and restricting providers ability to market their services.
| PUBLIC HEALTH DEPARTMENT 9:50, Gambling Assistance, IAB Vol. XX, No 17, ARC 7641A, adopted. |
The department re-writes its gambler assistance program which had been earlier transferred over from the Department of Human Services. 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:
| PUBLIC HEALTH DEPARTMENT 9:50, Lead paint hazards, IAB Vol. XX, No. 17 ARC 7813A& 7814A, adopted. |
The department completes action on two filings relating to the handling of lead paint hazards. The first proposal is a notification requirement warning residents of nearby lead hazards during a renovation or remodeling. These rules are based on the most current draft of U.S. Environmental Protection Agency requirements for notification regarding lead hazards prior to renovation, remodeling, and repainting. The Iowa department hopes to administer and enforce Section 406 of the federal Toxic Substance Control Act. To receive authorization from the U.S. EPA, the department's rules must be as protective as the federal Act. Pursuant to federal regulation, public notification prior to renovation, remodeling, or repainting will become mandatory on August 31, 1999. If the department does not get federal approval, the U.S. EPA will enforce the federal regulations in Iowa beginning on August 31, 1998. Under the Act anyone performing renovation, remodeling, or repainting services of "targeted" housing, for compensation, must provide an approved lead hazard information pamphlet to the owner and occupant of the housing prior to commencing operation. "Targeted" housing means housing constructed prior to 1978 in which at least one child, six years of age or less, resides or is expected to reside.
The second filing, ARC 7814A amends existing rules relating to the certification of persons who abate lead problems. Iowa law currently makes certification voluntary until the Iowa program attains federal EPC authorization. These proposed amendments are intended to bring Iowa's regulations into compliance with the federal mandate. Educational requirements are significantly increased. Lead inspectors and elevated blood lead (EBL) inspectors must have either:
Lead abatement contractors must have either one year of experience or two years of experience in building trades. Visual risk assessors must have either an associate's degree or a high school diploma and one year of related or be an industrial hygienist, professional engineer, registered architect, registered sanitarian, registered environmental health specialist, or registered nurse
Starting in March, 1999 applicants must complete a detailed training program set out in the rules. Prior to this date the training course is 24 hours, with a minimum of 8 hours devoted to "hands on" training; starting in 1999 the course must be 40 hours, with 12 hours devoted to "hands on" training. For persons doing lead blood screening, education is raised from a current 32 hours up to 48 hours. All required courses conclude with an examination where the applicant must score at least 80%.
The rules also contain detailed performance standards for each profession: inspectors, blood inspectors and contractors. The rules provide virtual step-by-step detail for each operation.
| SUBSTANCE ABUSE COMMISSION 10:15, OWI related programs, IAB Vol. XX, No 17, ARC 7823A, adopted. |
The commission implements 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 is 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.
| TRANSPORTATION DEPARTMENT 10:30, Digital photos, IAB Vol. XX, No 17, ARC 7799A, adopted. |
Item 12 of this filing provides that issuance of a license by mail is contingent on the applicant having a current digital photo ID. The change is at the request of state law enforcement officials who are anxious to complete the switchover to digital ids, thus making these photos readily available to law enforcement. Committee members earlier pointed out that in restricting renewal by mail to those who have digital photos the department may be exceeding its authority in that the law allows anyone within the age range to renew by mail and does not require digital photos. In fact, Iowa Code §321.196 places mail renewal completely with the discretion of the department and specifically authorizes the department to promulgate rules concerning eligibility.
OTHER INFORMATION FOR THIS COMMITTEE:
| Charge | Members | Staff | Bulletin | Agenda |
Comments about this site or page? webmaster@legis.iowa.gov
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
© 1995 Cornell College and League of Women Voters of Iowa
Last update: WED Mar 11 1998
sw/sam