Iowa Administrative Bulletin
IOWA ADMINISTRATIVE BULLETIN
Published Biweekly VOLUME XXI NUMBER 6 September 9, 1998
Pages 481 to 592
CONTENTS IN THIS ISSUE
Pages 495 to 586 include ARC 8279A to ARC
8329A
ALL AGENCIES
Schedule for rule making 484
Publication procedures 485
Agency identification numbers 492
CITATION OF ADMINISTRATIVE RULES 483
ECONOMIC DEVELOPMENT, IOWA
DEPARTMENT OF[261]
Notice, Organization; community and economic
development; CEBA, 1.4, 21.2,
50.2, 53.2,
53.8, 53.9, 53.14(1), 80.1 to 80.12 ARC 8313A 495
Notice, School to career program, ch 11
ARC 8312A 497
Filed, CDBG grant, ch 23 ARC 8310A 546
Filed, Export trade assistance program, 68.3,
68.4 ARC 8311A 546
EDUCATIONAL EXAMINERS BOARD[282]
EDUCATION DEPARTMENT[281]"umbrella"
Notice, Middle school endorsement, 14.20(15)
ARC 8315A 500
Notice, Two-year administrator exchange license,
14.25 to 14.33 ARC
8314A 500
EDUCATION DEPARTMENT[281]
Notice, ICN subsidization, ch 8 ARC 8279A 501
Notice, Graduate teacher education programs,
rescind ch 90 ARC
8283A 501
Notice, Local sales and services tax for school
infrastructure, ch 96
ARC 8284A 501
Filed, General approval standards, rescind ch 11
ARC 8280A 547
Filed, Nonschool team participation, 36.15(7)
ARC 8281A 547
Filed, Child development coordinating council,
64.2, 64.7, 64.8, 64.15,
64.18 ARC 8282A 547
ENGINEERING AND LAND SURVEYING
EXAMINING BOARD[193C]
Professional Licensing and Regulation Division[193]
COMMERCE DEPARTMENT[181]"umbrella"
Notice, Licensees' annual report, rescind
1.9(6) ARC 8304A 502
Filed, Licensure by comity, 1.4(5)"f"
ARC 8306A 548
Filed, Plat of survey, 2.5 ARC 8305A 548
ENVIRONMENTAL PROTECTION
COMMISSION[567]
NATURAL RESOURCES DEPARTMENT[561]"umbrella"
Filed, Air quality--MACT, 20.2, 22.1, 23.1(4)
ARC 8328A 549
Filed, Acid rain exemptions and NESHAP for
primary aluminum reduction
plants; title V
operating permit application, 22.103(2),
22.105(1),
22.123, 22.124, 22.203, 22.300(8),
23.1 ARC 8329A 551
Filed, Ambient air quality standards, 28.1
ARC 8327A 552
EXECUTIVE DEPARTMENT
Executive order number 67 (Revised) 587
Proclamation of emergency 591
HUMAN SERVICES DEPARTMENT[441]
Notice, Maximum nursing facility rate, 81.6(16)
ARC 8288A 503
Filed, Rehabilitative treatment and supportive
services; foster care; child
day care services,
7.1, 78.42, 130.1, 130.2(8), 130.3(1),
130.4(3),
130.6(1), 133.1, 152.1, 152.24, 152.25,
156.6, 156.20(1), 181.1, 181.2,
181.4(2), 182.1,
182.2, 182.4(2), 182.8(4), 185.1 to 185.8,
185.10(5),
185.24, 185.63, 185.84, 185.85,
202.2, 202.4(5), 202.6(1), 202.17 ARC
8285A 552
Filed, FMAP-related medical assistance; medically
needy spenddown control
(MNSC); child
support; ICF/MR supported employment
services, 9.12(2),
41.22, 41.27, 65.19(19),
65.26, 75.1, 75.25, 75.57(1), 76.1(2),
83.43(1), 83.61(1), 83.82, 95.3 ARC 8286A 554
Filed, Medicaid, 79.1(2), 81.6(16) ARC 8287A 557
Filed Emergency, Maximum nursing facility rate,
81.6(16) ARC 8289A
521
Filed, Lead toxicity screening, 84.3(6)"c"
ARC 8290A 561
HUMAN SERVICES DEPARTMENT[441] (Cont'd)
Filed, PROMISE JOBS, 93.114(15), 94.10
ARC 8291A 561
Filed, Child support enforcement, 98.24, 98.37,
98.45 ARC 8292A
562
Filed, Child day care, 109.6(5), 110.27, 110.35
ARC 8293A 564
Filed, Purchase of service reimbursement rates,
150.3(5), 150.22(7) ARC
8294A 565
Filed, Funding for empowerment areas, ch 169
ARC 8295A 566
Filed, Child care assistance--waiting list, 170.2(3)
ARC 8296A 568
INSURANCE DIVISION[191]
COMMERCE DEPARTMENT[181]"umbrella"
Filed Emergency, Medicare supplement
insurance, 37.3, 37.8(5), 37.15(3),
37.24,
Appendix C ARC 8298A 521
NATURAL RESOURCE COMMISSION[571]
NATURAL RESOURCES DEPARTMENT[561]"umbrella"
Notice, No-wake zones at Sabula, 40.34
ARC 8325A 503
Filed Emergency After Notice, Local
recreation infrastructure grants
program,
ch 29 ARC 8323A 540
Filed Emergency After Notice, State and local
cooperative lake
rehabilitation, 30.14
ARC 8324A 542
Filed, State parks and recreation areas, 61.2 to
61.6, 61.22(16) ARC
8322A 569
Filed Emergency After Notice, Waterfowl and
coot hunting seasons, 91.1 to
91.6
ARC 8326A 543
PROFESSIONAL LICENSURE DIVISION[645]
PUBLIC HEALTH DEPARTMENT[641]"umbrella"
Filed, Marital and family therapists and mental
health counselors, 30.1 to
30.6, 30.8 to 30.10,
31.1(3), 31.4(1), 31.8(4) ARC 8321A 571
Filed, Mortuary science examiners, 100.9(1),
100.10(3), 100.11, 101.1 to
101.7, 101.98,
101.101 to 101.103, 101.200, 101.212 to
101.215 ARC
8297A 571
PUBLIC FUNDS--AVAILABILITY
Public Health Department[641]
PRIMECARRE 494
PUBLIC HEALTH DEPARTMENT[641]
Notice of Public Funds Availability 494
Notice, Renovation, remodeling, and
repainting--lead hazard notification
process,
69.1 to 69.9 ARC 8318A 504
Notice, Lead professional certification, 70.2,
70.4 to 70.9 ARC
8319A 506
Notice, Domestic abuse death review team,
ch 91 ARC 8317A 508
PUBLIC HEARINGS
Summarized list 486
RACING AND GAMING COMMISSION[491]
INSPECTIONS AND APPEALS DEPARTMENT[481]"umbrella"
Notice, General, 1.6(4), 3.11(3), 5.1(5),
5.16(21), 13.13 to 13.26,
20.22(3), 26.19(5)
ARC 8320A 510
REVENUE AND FINANCE DEPARTMENT[701]
Notice, Sales and use tax, 17.30, 18.24, 18.25,
18.34, 18.49, 18.58(1),
18.59, 20.7, 32.4
ARC 8308A 512
Notice, Local option school infrastructure sales
and service tax, ch 108
ARC 8309A 515
Filed, Federal tax on S corporation income;
credit for taxes paid to another
state, 50.5,
50.7 ARC 8307A 575
USURY
Notice 518
VETERINARY MEDICINE BOARD[811]
Notice, Release of information to college
student aid commission;
application for
licensure; examination, 5.18, 6.1, 6.2, 6.4
to 6.6, 6.8,
7.1, 9.1, 9.2(4), 9.3, 10.1,
10.4(24) ARC 8316A 518
WORKFORCE DEVELOPMENT BOARD/
SERVICES DIVISION[877]
WORKFORCE DEVELOPMENT DEPARTMENT[871]"umbrella"
Filed, Coordinating service provider, ch 4
ARC 8299A 576
Filed, Youth affairs, 10.1 to 10.5 ARC 8300A 578
Filed, Work force investment program,
11.3 to 11.10 ARC 8301A 581
Filed, Welfare-to-work program, ch 14
ARC 8302A 582
Filed, Strategic workforce development fund,
ch 15 ARC 8303A 585
PUBLISHED UNDER AUTHORITY OF IOWA CODE SECTIONS 2B.5 AND
17A.6
__________________________________
PREFACE
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.
KATHLEEN K. BATES, Administrative Code Editor Telephone: (515)281-3355
ROSEMARY DRAKE, Assistant Editor (515)281-7252
Fax: (515)281-4424
SUBSCRIPTION INFORMATION
Iowa Administrative Bulletin
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quarterly as follows:
First quarter July 1, 1998, to June 30, 1999 $244.10 plus $12.21 sales
tax
Second quarter October 1, 1998, to June 30, 1999 $185.00 plus $9.25 sales
tax
Third quarter January 1, 1999, to June 30, 1999 $125.00 plus $6.25 sales
tax
Fourth quarter April 1, 1999, to June 30, 1999 $ 65.00 plus $3.25 sales
tax
Single copies may be purchased for $19.00 plus $0.95 tax. Back issues may be
purchased if the issues are available.
Iowa Administrative Code
The Iowa Administrative Code and Supplements are sold in complete sets and
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pages) must be for the complete year and will expire on June 30 of each year.
Prices for the Iowa Administrative Code and its Supplements are as follows:
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Additional or replacement binders can be purchased
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Telephone: (515)242-5120
Schedule for Rule Making
1998
NOTICE
SUBMISSION DEADLINE
|
NOTICE
PUB. DATE
|
HEARING
OR COMMENTS 20 DAYS
|
FIRST
POSSIBLE ADOPTION DATE 35 DAYS
|
ADOPTED
FILING DEADLINE
|
ADOPTED
PUB. DATE
|
FIRST
POSSIBLE EFFECTIVE DATE
|
POSSIBLE
EXPIRATION OF NOTICE 180 DAYS
|
Dec.
26 '97
|
Jan.
14 '98
|
Feb.
3
|
Feb.
18
|
Feb.
20
|
Mar.
11
|
Apr.
15
|
July
13
|
Jan.
9 '98
|
Jan.
28
|
Feb.
17
|
Mar.
4
|
Mar.
6
|
Mar.
25
|
Apr.
29
|
July
27
|
Jan.
23
|
Feb.
11
|
Mar.
3
|
Mar.
18
|
Mar.
20
|
Apr.
8
|
May
13
|
Aug.
10
|
Feb.
6
|
Feb.
25
|
Mar.
17
|
Apr.
1
|
Apr.
3
|
Apr.
22
|
May
27
|
Aug.
24
|
Feb.
20
|
Mar.
11
|
Mar.
31
|
Apr.
15
|
Apr.
17
|
May
6
|
June
10
|
Sept.
7
|
Mar.
6
|
Mar.
25
|
Apr.
14
|
Apr.
29
|
May
1
|
May
20
|
June
24
|
Sept.
21
|
Mar.
20
|
Apr.
8
|
Apr.
28
|
May
13
|
May
15
|
June
3
|
July
8
|
Oct.
5
|
Apr.
3
|
Apr.
22
|
May
12
|
May
27
|
May
29
|
June
17
|
July
22
|
Oct.
19
|
Apr.
17
|
May
6
|
May
26
|
June
10
|
June
12
|
July
1
|
Aug.
5
|
Nov.
2
|
May
1
|
May
20
|
June
9
|
June
24
|
June
26
|
July
15
|
Aug.
19
|
Nov.
16
|
May
15
|
June
3
|
June
23
|
July
8
|
July
10
|
July
29
|
Sept.
2
|
Nov.
30
|
May
29
|
June
17
|
July
7
|
July
22
|
July
24
|
Aug.
12
|
Sept.
16
|
Dec.
14
|
June
12
|
July
1
|
July
21
|
Aug.
5
|
Aug.
7
|
Aug.
26
|
Sept.
30
|
Dec.
28
|
June
26
|
July
15
|
Aug.
4
|
Aug.
19
|
Aug.
21
|
Sept.
9
|
Oct.
14
|
Jan.
11 '99
|
July
10
|
July
29
|
Aug.
18
|
Sept.
2
|
Sept.
4
|
Sept.
23
|
Oct.
28
|
Jan.
25 '99
|
July
24
|
Aug.
12
|
Sept.
1
|
Sept.
16
|
Sept.
18
|
Oct.
7
|
Nov.
11
|
Feb.
8 '99
|
Aug.
7
|
Aug.
26
|
Sept.
15
|
Sept.
30
|
Oct.
2
|
Oct.
21
|
Nov.
25
|
Feb.
22 '99
|
Aug.
21
|
Sept.
9
|
Sept.
29
|
Oct.
14
|
Oct.
16
|
Nov.
4
|
Dec.
9
|
Mar.
8 '99
|
Sept.
4
|
Sept.
23
|
Oct.
13
|
Oct.
28
|
Oct.
30
|
Nov.
18
|
Dec.
23
|
Mar.
22 '99
|
Sept.
18
|
Oct.
7
|
Oct.
27
|
Nov.
11
|
Nov.
13
|
Dec.
2
|
Jan.
6 '99
|
Apr.
5 '99
|
Oct.
2
|
Oct.
21
|
Nov.
10
|
Nov.
25
|
Nov.
27
|
Dec.
16
|
Jan.
20 '99
|
Apr.
19 '99
|
Oct.
16
|
Nov.
4
|
Nov.
24
|
Dec.
9
|
Dec.
11
|
Dec.
30
|
Feb.
3 '99
|
May
3 '99
|
Oct.
30
|
Nov.
18
|
Dec.
8
|
Dec.
23
|
Dec.
25
|
Jan.
13 '99
|
Feb.
17 '99
|
May
17 '99
|
Nov.
13
|
Dec.
2
|
Dec.
22
|
Jan.
6 '99
|
Jan.
8 '99
|
Jan.
27 '99
|
Mar.
3 '99
|
May
31 '99
|
Nov.
27
|
Dec.
16
|
Jan.
5 '99
|
Jan.
20 '99
|
Jan.
22 '99
|
Feb.
10 '99
|
Mar.
17 '99
|
June
14 '99
|
Dec.
11
|
Dec.
30
|
Jan.
19 '99
|
Feb.
3 '99
|
Feb.
5 '99
|
Feb.
24 '99
|
Mar.
31 '99
|
June
28 '99
|
Dec.
25
|
Jan.
13 '99
|
Feb.
2 '99
|
Feb.
17 '99
|
Feb.
19 '99
|
Mar.
10 '99
|
Apr.
14 '99
|
July
12 '99
|
Jan.
8 '99
|
Jan.
27 '99
|
Feb.
16 '99
|
Mar.
3 '99
|
Mar.
5 '99
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Mar.
24 '99
|
Apr.
28 '99
|
July
26 '99
|
PRINTING
SCHEDULE FOR IAB
|
|
|
ISSUE
NUMBER
|
SUBMISSION
DEADLINE
|
ISSUE
DATE
|
8
|
Friday,
September 18, 1998
|
October
7, 1998
|
9
|
Friday,
October 2, 1998
|
October
21, 1998
|
10
|
Friday,
October 16, 1998
|
November
4, 1998
|
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.
PUBLICATION PROCEDURES
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 processing of rule-making documents, we request a 3.5\
High Density (not Double Density) IBM 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, 4th Floor, Lucas State
Office Building or included with the documents submitted to the Governor's
Administrative Rules Coordinator.
2. Alternatively, if you have Internet E-mail access, you may send your
document as an attachment to an E-mail message, addressed to both of the
following:
bcarr@legis.state.ia.us
kbates@legis.state.ia.us
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.
PUBLIC HEARINGS
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.
AGENCY
|
HEARING
LOCATION
|
DATE
AND TIME OF HEARING
|
ECONOMIC
DEVELOPMENT, IOWA DEPARTMENT OF[261]
|
|
|
Organization;
comprehensive community and economic development plan; CEBA, 1.4,
21.2, 50.2, 53.2, 53.8(3), 53.9(4), 53.14(1), 80.1, 80.2 IAB 9/9/98
ARC 8313A
|
Northwest
Conference Room Second Floor 200 E. Grand Ave. Des Moines, Iowa
|
September
30, 1998 1:30 p.m.
|
Certified
school to career program, ch 11 IAB 9/9/98 ARC 8312A
|
Main
Conference Room 200 E. Grand Ave. Des Moines, Iowa
|
October
29, 1998 2 p.m.
|
EDUCATIONAL
EXAMINERS BOARD[282]
|
|
|
Middle
school endorsement, 14.20(15) IAB 9/9/98 ARC 8315A
|
Conference
Room 3 North--3rd Floor Grimes State Office Bldg. Des Moines, Iowa
|
October
8, 1998 10 a.m.
|
Two-year
administrator exchange license, 14.25 to 14.33 IAB 9/9/98 ARC 8314A
|
Conference
Room 3 North--3rd Floor Grimes State Office Bldg. Des Moines, Iowa
|
October
8, 1998 1 p.m.
|
Renewal
of license, 17.5, 17.6 IAB 8/26/98 ARC 8276A
|
Conference
Room 3 South--3rd Floor Grimes State Office Bldg. Des Moines, Iowa
|
September
17, 1998 10 a.m.
|
EDUCATION
DEPARTMENT[281]
|
|
|
Local
sales and services tax for school infrastructure, ch 96 IAB 9/9/98
ARC 8284A (ICN Network)
|
ICN
Room--2nd Floor Grimes State Office Bldg. Des Moines, Iowa
|
October
2, 1998 1 to 2 p.m.
|
|
ICN
Classroom Keystone AEA 1 1400 2nd St. S.W. Elkader, Iowa
|
October
2, 1998 1 to 2 p.m.
|
|
State
Room Northern Trails AEA 2 9184B 265th St. Clear Lake, Iowa
|
October
2, 1998 1 to 2 p.m.
|
|
Lakeland
AEA 3 Hwy. 18 and 2nd St. Cylinder, Iowa
|
October
2, 1998 1 to 2 p.m.
|
|
Room
103 AEA 4 1382 4th Ave. N.E. Sioux Center, Iowa
|
October
2, 1998 1 to 2 p.m.
|
EDUCATION
DEPARTMENT[281] (ICN Network) (Cont'd)
|
Room
204, Library Bldg., 2nd Floor Iowa Central Comm. College Campus Arrowhead
AEA 5 330 Ave. M Fort Dodge, Iowa
|
October
2, 1998 1 to 2 p.m.
|
|
ICN
Room AEA 6 909 S. 12th St. Marshalltown, Iowa
|
October
2, 1998 1 to 2 p.m.
|
|
AEA
7 3712 Cedar Heights Dr. Cedar Falls, Iowa
|
October
2, 1998 1 to 2 p.m.
|
|
Louisa
Room Mississippi Bend AEA 9 729 21st St. Bettendorf, Iowa
|
October
2, 1998 1 to 2 p.m.
|
|
Revere
Room Grant Wood AEA 10 4401 6th St. S.W. Cedar Rapids, Iowa
|
October
2, 1998 1 to 2 p.m.
|
|
ICN
Classroom Heartland AEA 11 6500 Corporate Dr. Johnston, Iowa
|
October
2, 1998 1 to 2 p.m.
|
|
Room
209A Western Hills AEA 12 1520 Morningside Ave. Sioux City, Iowa
|
October
2, 1998 1 to 2 p.m.
|
|
ICN
Room Loess Hills AEA 13 24997 Hwy. 92 Council Bluffs, Iowa
|
October
2, 1998 1 to 2 p.m.
|
|
Turner
Room Green Valley AEA 14 1405 N. Lincoln Creston, Iowa
|
October
2, 1998 1 to 2 p.m.
|
|
ICN
Classroom Southern Prairie AEA 15 2814 N. Court Ottumwa, Iowa
|
October
2, 1998 1 to 2 p.m.
|
|
Room
108 Great River AEA 16 1200 University Burlington, Iowa
|
October
2, 1998 1 to 2 p.m.
|
EMPOWERMENT
BOARD, IOWA[349]
|
|
|
Iowa
empowerment board, ch 1 IAB 8/26/98 ARC 8247A (ICN
Network) (See also ARC 8248A)
|
ICN
Room--2nd Floor Grimes State Office Bldg. Des Moines, Iowa
|
September
24, 1998 9 a.m. to 12 noon October 7, 1998 9 a.m. to 12 noon
|
EMPOWERMENT
BOARD, IOWA[349] (ICN Network) (Cont'd)
|
Media
Center Bettendorf High School 3333 18th St. Bettendorf, Iowa
|
September
24, 1998 9 a.m. to 12 noon October 7, 1998 9 a.m. to 12 noon
|
|
Louisa
Room Mississippi Bend AEA 9 729 21st St. Bettendorf, Iowa
|
September
24, 1998 9 a.m. to 12 noon October 7, 1998 9 a.m. to 12 noon
|
|
Room
108 Great River AEA 16 1200 University Burlington, Iowa
|
September
24, 1998 9 a.m. to 12 noon October 7, 1998 9 a.m. to 12 noon
|
|
AEA
7 3712 Cedar Heights Dr. Cedar Falls, Iowa
|
September
24, 1998 9 a.m. to 12 noon October 7, 1998 9 a.m. to 12 noon
|
|
Revere
Room Grand Wood AEA 10 4401 6th St. Cedar Rapids, Iowa
|
September
24, 1998 9 a.m. to 12 noon October 7, 1998 9 a.m. to 12 noon
|
|
State
Room Northern Trails AEA 2 9184B 265th St. Clear Lake, Iowa
|
September
24, 1998 9 a.m. to 12 noon October 7, 1998 9 a.m. to 12 noon
|
|
ICN
Room Loess Hills AEA 13 24997 Hwy. 92 Council Bluffs, Iowa
|
September
24, 1998 9 a.m. to 12 noon October 7, 1998 9 a.m. to 12 noon
|
|
Turner
Room Green Valley AEA 14 1405 N. Lincoln Creston, Iowa
|
September
24, 1998 9 a.m. to 12 noon October 7, 1998 9 a.m. to 12 noon
|
|
ICN
Classroom Lakeland AEA 3 Hwy. 18 and 2nd St. Cylinder, Iowa
|
September
24, 1998 9 a.m. to 12 noon October 7, 1998 9 a.m. to 12 noon
|
|
ICN
Classroom Keystone AEA 1 2310 Chaney Rd. Dubuque, Iowa
|
September
24, 1998 9 a.m. to 12 noon October 7, 1998 9 a.m. to 12 noon
|
|
ICN
Classroom Keystone AEA 1 1400 2nd St. S.W. Elkader, Iowa
|
September
24, 1998 9 a.m. to 12 noon October 7, 1998 9 a.m. to 12 noon
|
|
Room
12 Fort Dodge High School 819 N. 25th St. Fort Dodge, Iowa
|
September
24, 1998 9 a.m. to 12 noon October 7, 1998 9 a.m. to 12 noon
|
|
ICN
Classroom Heartland AEA 11 6500 Corporate Dr. Johnston, Iowa
|
September
24, 1998 9 a.m. to 12 noon October 7, 1998 9 a.m. to 12 noon
|
EMPOWERMENT
BOARD, IOWA[349] (ICN Network) (Cont'd)
|
IPTV
- 2 (East) Iowa Public Television 6450 Corporate Dr. Johnston, Iowa
|
September
24, 1998 9 a.m. to 12 noon October 7, 1998 9 a.m. to 12 noon
|
|
Media
Center Manson/Northwest Webster High School 1601 15th
St. Manson, Iowa
|
September
24, 1998 9 a.m. to 12 noon October 7, 1998 9 a.m. to 12 noon
|
|
ICN
Room AEA 6 909 S. 12th St. Marshalltown, Iowa
|
September
24, 1998 9 a.m. to 12 noon October 7, 1998 9 a.m. to 12 noon
|
|
ICN
Classroom Southern Prairie AEA 15 2814 N. Court St. Ottumwa, Iowa
|
September
24, 1998 9 a.m. to 12 noon October 7, 1998 9 a.m. to 12 noon
|
|
Room
103 AEA 4 1382 4th Ave. Sioux Center, Iowa
|
September
24, 1998 9 a.m. to 12 noon October 7, 1998 9 a.m. to 12 noon
|
|
Room
209A Western Hills AEA 12 1520 Morningside Ave. Sioux City, Iowa
|
September
24, 1998 9 a.m. to 12 noon October 7, 1998 9 a.m. to 12 noon
|
ENVIRONMENTAL
PROTECTION COMMISSION[567]
|
|
|
Waste
incinerators and combustors, 22.1(2), 22.101(2), 23.1, 25.1(10) IAB
8/26/98 ARC 8275A
|
East
Conference Room Air Quality Bureau 7900 Hickman Rd., Suite
1 Urbandale, Iowa
|
September
25, 1998 1 p.m.
|
GENERAL
SERVICES DEPARTMENT[401]
|
|
|
Printing
division--adjustment of allowable fees, 5.21 IAB 8/26/98 ARC
8270A (See also ARC 8271A)
|
Director's
Conference Room Hoover State Office Bldg. Des Moines, Iowa
|
September
15, 1998 1 p.m.
|
HISTORICAL
DIVISION[223]
|
|
|
Western
historic trails center, 1.5 IAB 8/26/98 ARC 8268A
|
Tone
Board Room State Historical Bldg. 600 E. Locust Des Moines, Iowa
|
September
16, 1998 11 a.m.
|
NATURAL
RESOURCE COMMISSION[571]
|
|
|
No-wake
zones at Sabula, 40.34 IAB 9/9/98 ARC 8325A
|
Conference
Room--4th Floor West Wallace State Office Bldg. Des Moines, Iowa
|
September
30, 1998 1 p.m.
|
PETROLEUM
UST FUND BOARD, IOWA COMPREHENSIVE[591]
|
|
|
Remedial
or insurance claims, 11.1(3)"b"(3) IAB 8/26/98 ARC 8273A
|
Conference
Room Insurance Division 330 E. Maple St. Des Moines, Iowa
|
September
15, 1998 10 a.m.
|
PHARMACY
EXAMINERS BOARD[657]
|
|
|
Long-term
care pharmacies, ch 23 IAB 7/29/98 ARC 8212A
|
Conference
Room Omega Place--Suite 16 8515 Douglas Ave. Des Moines, Iowa
|
September
14, 1998 1 p.m.
|
PROFESSIONAL
LICENSURE DIVISION[645]
|
|
|
Hearing
aid dealers, 120.2, 120.5, 120.6, 120.9, 120.13(8) IAB 8/26/98 ARC
8272A
|
Training
Room--Basement Lucas State Office Bldg. Des Moines, Iowa
|
September
15, 1998 9 to 10 a.m.
|
PUBLIC
HEALTH DEPARTMENT[641]
|
|
|
Renovation,
remodeling, and repainting--lead hazard notification process, 69.1 to
69.9 IAB 9/9/98 ARC 8318A (ICN Network)
|
ICN
Room--3rd Floor Lucas State Office Bldg. Des Moines, Iowa
|
September
29, 1998 10 a.m.
|
|
Atlantic
Public Library 507 Poplar Atlantic, Iowa
|
September
29, 1998 10 a.m.
|
|
Room
7B Buena Vista University 610 W. 4th St. Storm Lake, Iowa
|
September
29, 1998 10 a.m.
|
|
ICN
Classroom Keystone AEA 2310 Chaney Rd. Dubuque, Iowa
|
September
29, 1998 10 a.m.
|
|
Revere
Room Grant Wood AEA 4401 6th St. S.W. Cedar Rapids, Iowa
|
September
29, 1998 10 a.m.
|
|
Classroom
2, Careers Bldg. 128 North Iowa Area Community College 500 College
Dr. Mason City, Iowa
|
September
29, 1998 10 a.m.
|
|
ICN
Classroom Southern Prairie AEA 2814 N. Court St. Ottumwa, Iowa
|
September
29, 1998 10 a.m.
|
Lead
professional certification, 70.2, 70.4 to 70.9 IAB 9/9/98 ARC
8319A (ICN Network)
|
ICN
Room--3rd Floor Lucas State Office Bldg. Des Moines, Iowa
|
September
29, 1998 10 a.m.
|
PUBLIC
HEALTH DEPARTMENT[641] (ICN Network) (Cont'd)
|
Atlantic
Public Library 507 Poplar Atlantic, Iowa
|
September
29, 1998 10 a.m.
|
|
Room
7B Buena Vista University 610 W. 4th St. Storm Lake, Iowa
|
September
29, 1998 10 a.m.
|
|
ICN
Classroom Keystone AEA 2310 Chaney Rd. Dubuque, Iowa
|
September
29, 1998 10 a.m.
|
|
Revere
Room Grant Wood AEA 4401 6th St. S.W. Cedar Rapids, Iowa
|
September
29, 1998 10 a.m.
|
|
Classroom
2, Careers Bldg. 128 North Iowa Area Community College 500 College
Dr. Mason City, Iowa
|
September
29, 1998 10 a.m.
|
|
ICN
Classroom Southern Prairie AEA 2814 N. Court St. Ottumwa, Iowa
|
September
29, 1998 10 a.m.
|
Iowa
domestic abuse death review team, ch 91 IAB 9/9/98 ARC 8317A
|
Room
118 State Capitol Bldg. Des Moines, Iowa
|
September
30, 1998 1 to 3 p.m.
|
RACING
AND GAMING COMMISSION[491]
|
|
|
General, 1.6(4),
3.11(3), 5.1(5), 5.16(21), 13.13 to 13.26, 20.22(3), 26.19(5) IAB 9/9/98
ARC 8320A
|
IMTA
Auditorium (next to Racing and Gaming Office) 717 E. Court, Suite
B Des Moines, Iowa
|
September
30, 1998 9 a.m.
|
TRANSPORTATION
DEPARTMENT[761]
|
|
|
Adopt-a-highway
program, 121.2, 121.3 IAB 8/26/98 ARC 8264A
|
Commission
Conference Room 800 Lincoln Way Ames, Iowa
|
September
17, 1998 10 a.m. (If requested)
|
Specially
constructed or reconstructed vehicles; persons with disabilities parking
permits; removal of registration and
plates--financial liability, 400.3(10)"a," 400.16(2),
400.21(4), 400.35, 400.45, 400.53(3), 400.70, 411.6, 450.2(2) IAB
8/26/98 ARC 8258A
|
Conference
Room Lower Level Park Fair Mall 100 Euclid Ave. Des Moines, Iowa
|
September
17, 1998 10 a.m. (If requested)
|
Commercial
air service airport infrastructure program, ch 716 IAB 8/26/98 ARC
8259A
|
Commission
Conference Room 800 Lincoln Way Ames, Iowa
|
September
17, 1998 1 p.m. (If requested)
|
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
AGENCY IDENTIFICATION NUMBERS
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]
BEEF INDUSTRY COUNCIL, IOWA[101]
BLIND, DEPARTMENT FOR THE[111]
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]
EGG COUNCIL[301]
ELDER AFFAIRS DEPARTMENT[321]
EMPLOYMENT SERVICES DEPARTMENT[341]
Job Service Division[345]
Labor Services Division[347]
EMPOWERMENT BOARD, IOWA[349]
ETHICS AND CAMPAIGN DISCLOSURE BOARD, IOWA[351]
EXECUTIVE COUNCIL[361]
FAIR BOARD[371]
GENERAL SERVICES DEPARTMENT[401]
HUMAN INVESTMENT COUNCIL[417]
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 Blacks Division[434]
Status of Women Division[435]
HUMAN SERVICES DEPARTMENT[441]
INSPECTIONS AND APPEALS DEPARTMENT[481]
Employment Appeal Board[486]
Foster Care Review Board[489]
Racing and Gaming Commission[491]
State Public Defender[493]
INTERNATIONAL NETWORK ON TRADE (INTERNET)[497]
LAW ENFORCEMENT ACADEMY[501]
LIVESTOCK HEALTH ADVISORY COUNCIL[521]
MANAGEMENT DEPARTMENT[541]
Appeal Board, State[543]
City Finance Committee[545]
County Finance Committee[547]
NARCOTICS ENFORCEMENT ADVISORY COUNCIL[551]
NATIONAL AND COMMUNITY SERVICE, IOWA COMMISSION ON[555]
NATURAL RESOURCES DEPARTMENT[561]
Energy and Geological Resources Division[565]
Environmental Protection Commission[567]
Natural Resource Commission[571]
Preserves, State Advisory Board[575]
PERSONNEL DEPARTMENT[581]
PETROLEUM UNDERGROUND STORAGE TANK FUND
BOARD, IOWA COMPREHENSIVE[591]
PREVENTION OF DISABILITIES POLICY COUNCIL[597]
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]
RECORDS COMMISSION[671]
REGENTS BOARD[681]
Archaeologist[685]
REVENUE AND FINANCE DEPARTMENT[701]
Lottery Division[705]
SECRETARY OF STATE[721]
SEED CAPITAL CORPORATION, IOWA[727]
SESQUICENTENNIAL COMMISSION, IOWA STATEHOOD[731]
SHEEP AND WOOL PROMOTION BOARD, IOWA[741]
TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION, IOWA[751]
TRANSPORTATION DEPARTMENT[761]
Railway Finance Authority[765]
TREASURER OF STATE[781]
UNIFORM STATE LAWS COMMISSION[791]
VETERANS AFFAIRS COMMISSION[801]
VETERINARY MEDICINE BOARD[811]
VOTER REGISTRATION COMMISSION[821]
WORKFORCE DEVELOPMENT DEPARTMENT[871]
Labor Services Division[875]
Workers' Compensation Division[876]
Workforce Development Board and
Workforce Development Center Administration
Division[877]
NOTICES
ARC 8313A
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa
Department of Economic Development hereby gives Notice of Intended Action to
amend Chapter 1, "Organization"; Chapters 21 and 50, each entitled "Division
Responsibilities"; Chapter 53, "Community Economic Betterment Program"; and
Chapter 80, "Additional Program Requirements," Iowa Administrative Code.
Pursuant to 1998 Iowa Acts, House File 2164, section 14, the Community Builder
Program was repealed. Section 1 of this legislation authorizes the Department
to award supplementary credit for communities and other specified organizations
if they have developed a comprehensive community and economic development plan.
The amendments rescind the rules for the Community Builder Program, delete
references to community builder plans in Chapter 53, and replace them with
references to "comprehensive community and economic development plans."
The proposed amendments update the rules that describe the Department's
organizational structure and division responsibilities in Chapters 1, 21 and
50.
Additionally, a revision of the CEBA rules is proposed. This is an
administrative change to clarify, for fiscal and accounting purposes, when
collection efforts may be discontinued. The amendment authorizes the
discontinuance of collection efforts by IDED once a claim is referred to the
Attorney General's office for disposition.
Public comments concerning the proposed amendments will be accepted until 4:30
p.m. on September 30, 1998. Interested persons may submit written or oral
comments by contacting Lane Palmer, Division of Community and Rural
Development, Department of Economic Development, 200 East Grand Avenue, Des
Moines, Iowa 50309; telephone (515)242-4837.
A public hearing to receive comments about the proposed amendments will be held
on September 30, 1998, at 1:30 p.m. at the above address in the northwest
conference room on the second floor. Individuals interested in providing
comments at the hearing should contact Lane Palmer by 4 p.m. on September 29,
1998, to be placed on the hearing agenda.
These amendments are intended to implement 1998 Iowa Acts, House File 2164, and
Iowa Code chapter 17A.
The following amendments are proposed.
ITEM 1. Amend rule 261--1.4(15) as follows:
Amend subrules 1.4(1) to 1.4(4) as follows:
1.4(1) General. The department's organizational structure
consists of the director, deputy director, and six five
administrative divisions.
1.4(2) Director. The department of economic development is
administered by a director appointed by the governor, who serves at the
pleasure of the governor, and is subject to confirmation by the senate. The
director is the chief administrative officer of the department and in that
capacity administers the programs and services of the department in compliance
with applicable federal and state laws and regulations. The duties of the
director include preparing a budget subject to board approval, establishing an
internal administrative structure and employing personnel, reviewing and
submitting to the board legislative proposals, recommending rules to the board,
reporting to the board on grants and contracts awarded by the department, and
other actions to administer and direct the programs of the department.
The administrators of the six five divisions and the
deputy director report to the director.
1.4(3) Deputy director. The deputy director, appointed by the
director, directs and administers the department in the director's absence. The
deputy director also serves as the division administrator for the division of
administration.
1.4(4) Divisions. The director has established the following
administrative divisions within the department in order to most efficiently and
effectively carry out the department's responsibilities:
1. Division of administration;
2. Division of work force development;
3 2. Division of business development;
4 3.Division for community and rural development;
5 4. Division of tourism; and
6 5. International division.
Rescind subrule 1.4(5) and adopt the following new subrule in
lieu thereof:
1.4(5) Table of organization.
ITEM
2. Amend rule 261--21.2(15) as follows:
261--21.2(15) Structure. The division consists of two bureaus and the
rural development program.
21.2(1) Bureau of community financing facilities
and services. The bureau of community financing
facilities and services is responsible for the following federal
programs: Community Development Block Grant Nonentitlement Program (CDBG);
Home Investment Partnership Program (HOME); Public Facilities Set-Aside
(PFSA); and Emergency Shelter Grants Program (ESGP) as well as the
state-funded Homeless Shelter Operating Grants (HSOG) and the Local Housing
Assistance Program (LHAP). The bureau administers available federal funds
for housing through the housing fund and is also responsible for developing a
consolidated state plan for infrastructure and housing.
21.2(2) Bureau of community assistance planning and
development. The bureau assists communities through training, grants and
technical assistance to address industrial, commercial and community
development issues. The programs include community outreach, the Iowa
community betterment program, and main street. The city development board,
which deals with corporate boundary changes, and the Iowa rural development
council is are also staffed by this bureau.
21.2(3) Rural development. This
program provides This bureau also promotes technical assistance
and grants to rural communities and clusters of rural communities to help them
address community and economic development initiatives including industrial,
commercial, housing, leadership, local government, and tourism challenges. The
programs include the rural enterprise fund, governmental services sharing
program, rural leadership, and rural action.
ITEM 3. Amend rule 261--50.2(15) as follows:
261--50.2(15) Structure. The division is divided into three segments:
the marketing and business expansion bureau, bureau of business finance, and
the small business resource office.
50.2(1) Marketing and business expansion bureau. The bureau has two
sections: marketing and promotion and business expansion. It also
includes the department's procurement outreach office.
a. The marketing and promotion section is responsible for promoting Iowa as a
location for business site expansion. The section is responsible for
implementation of the bureau's five-year marketing plan which includes
marketing strategies for advertising, public relations, direct mail, trade
shows, conference/seminars, and other programs aimed at recruiting new
businesses and encouraging existing businesses to expand in the state.
b. The business expansion section works one-on-one with business expansion
clients to identify sites, buildings and communities which meet the client's
location or expansion criteria. Once communities have been identified, IDED's
site location managers work with the communities to prepare customized
proposals for the client.
c. Procurement outreach office. This office is responsible for
identifying federal procurement opportunities for Iowa businesses.
50.2(2) Bureau of business finance. The bureau provides financial
assistance to businesses expanding in the state of Iowa, as well as to new
business start-ups and business relocations to the state. The bureau
administers the community economic betterment account (CEBA) which provides
financial assistance to businesses and industries that require assistance in
order to create new job opportunities or retain existing jobs which are in
jeopardy. Other financial assistance programs administered by the bureau
include the economic development set-aside (EDSA) program which is designed to
encourage economic growth by providing financial assistance to businesses in
communities of less than 50,000 in population and is aimed at providing
employment opportunities for individuals from low- and moderate-income
households; the value-added agricultural products and proc-esses financial
assistance program (VAAPFAP); the self-employment loan program (SELP) which is
designed to encourage self-employment for disadvantaged individuals; and the
targeted small business financial assistance program (TSBFAP) which fosters the
entrepreneurial spirit of women and minority owners by assisting with start-ups
or expansions.
50.2(3) Small business resource office (SBRO). The SBRO's mission is
to facilitate the growth of emerging small businesses in the state by providing
entrepreneurial assistance, networking opportunities, and education programs.
The SBRO is also responsible for identifying federal procurement
opportunities for Iowa businesses. The SBRO's activities focus on the
following three issues of concern to small business: procurement and
marketing development, regulatory assistance, and entrepreneurial services. The
SBRO is organized as follows:
a. Small business forums program. This program is the core of
the SBRO's small business activities in entrepreneurial development and
education. The forums program organizes quarterly entrepreneurial education
round tables at multiple sites throughout Iowa, develops education programs for
emerging small businesses, and forms entrepreneurial networking
groups.
b. Small business advocacy program. The advocate works with
small businesses both on a case managed basis and as a referral service. The
program identifies small business service providers including sources of
financial assistance for emerging businesses, regulatory information including
licensing and permits, management assistance sources, and other small business
service providers.
c. Management assistance program. The management assistance
program is responsible for identifying and developing networks of sources of
managerial talent including establishing an entrepreneurial mentor program
utilizing middle management volunteers, members of SCORE and other retired
management executives, and other successful entrepreneurs.
d. Targeted small business program. This program promotes the growth
and development of small businesses owned and operated by minorities and women.
It works with state purchasing officials to increase the number of contracts
awarded to targeted small businesses (TSBs), and it identifies procurement
opportunities for TSBs in both public and private sectors.
a. Procurement and marketing development team. The procurement and marketing
development team includes the Iowa procurement outreach center and the targeted
small business marketing programs.
b. Regulatory assistance team. The regulatory assistance team focuses on
providing key business, licensing and regulatory information for the management
of small businesses.
c. Entrepreneurial services team. The entrepreneurial services team includes
small business case management and the operation of the venture network of
Iowa.
ITEM 4. Amend rule 261--53.2(15), Definitions, by striking the
definition of "Community builder program" and adding the definition of
"Comprehensive community and economic development plan" as follows:
"Community builder program" means the community builder program as
defined in 261--Chapter 80.
"Comprehensive community and economic development plan" means a plan that
meets the requirements of 261-- Chapter 80.
ITEM 5. Amend paragraph 53.8(3)"d" as follows:
d. Certified community builder community. Maximum--10 points. A
community will receive 10 points upon completion and subsequent certification
by the department of a plan in accordance with 261--Chapter 80.
Comprehensive community and economic development plan. Maximum--10 points.
A community submitting a comprehensive community and economic development plan
meeting the requirements of 261--Chapter 80 will receive 10 points.
ITEM 6. Amend paragraph 53.9(4)"c" as follows:
c. Certified community builder community (as defined in
53.8(3)"c"). Comprehensive community and economic development plan
(as defined in 53.8(3)"d"). Maximum--10 points;
ITEM 7. Amend subrule 53.14(1) as follows:
53.14(1) The committee may approve negotiated settlements or the
discontinuance of collection efforts by IDED if it determines that any
of the following conditions exist:
a. The cost of collection would exceed the amount that would be recovered.
b. The claim is not legally feasible, e.g., the claim cannot be substantiated
by the evidence, a statute of limitations has run, there is little likelihood
of prevailing in a legal proceeding, the claim has been discharged in
bankruptcy.
c. The claim has been referred to the Iowa attorney general's office for
disposition.
c d. Other conditions exist that would not allow the
recovery of funds.
ITEM 8. Amend 261--Chapter 80 by rescinding Division I, title, and
rules 261--80.1(15) through 261-- 80.12(15) and adopting in lieu
thereof the following:
DIVISION I
COMPREHENSIVE COMMUNITY AND ECONOMIC DEVELOPMENT PLANS
261--80.1(77GA,HF2164) Supplementary credit. The department shall
award supplementary credit to applications submitted by cities, counties, local
and regional government organizations, and local and regional economic
development organizations that have developed a comprehensive community and
economic development plan.
261--80.2(77GA,HF2164) Technical assistance. Subject to the availability of
funds for this purpose, the department may provide financial assistance to
cities, counties, local and regional government organizations, and local and
regional economic development organizations for the purpose of developing
comprehensive community and economic development plans.
These rules are intended to implement 1998 Iowa Acts, House File 2164.
ARC 8312A
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa
Department of Economic Development hereby gives Notice of Intended Action to
adopt a new Chapter 11, "Certified School to Career Program," Iowa
Administrative Code.
The proposed rules implement a new program authorized by 1998 Iowa Acts, Senate
File 2296, sections 15 to 21. The Certified School to Career Program is
designed to provide a workplace context for classroom training at the
postsecondary level by bringing educators and employers together to design an
educational program that includes classroom training that is reinforced with
on-the-job experiences. Additionally, the program assists participants in
determining a career field, financing postsecondary education and accessing
Iowa employment. The proposed new chapter describes eligibility requirements,
sets minimum agreement terms, establishes procedures for accessing funds, and
explains how participating businesses can claim the payroll expenditure refund,
which is authorized by the statute.
Public comments concerning the proposed new chapter will be accepted until 4
p.m. on October 29, 1998. Interested persons may submit written or oral
comments by contacting: Mary Lawyer, Workforce Development Coordinator,
Department of Economic Development, 200 East Grand Avenue, Des Moines, Iowa
50309; telephone number (515) 242-4769.
A public hearing to receive comments about the proposed new chapter will be
held on October 29, 1998, at 2 p.m. at the above address in the IDED main
conference room. Individuals interested in providing comments at the hearing
should contact Mary Lawyer by 4 p.m. on October 28, 1998, to be placed on the
hearing agenda.
These rules are intended to implement 1998 Iowa Acts, Senate File 2296,
sections 15 to 21.
The following chapter is proposed.
Adopt the following new chapter:
CHAPTER 11
CERTIFIED SCHOOL TO CAREER PROGRAM
261--11.1(77GA,SF2296) Purpose. The purpose of the certified school to
career program is to provide an articulated sequential program of study,
including secondary and postsecondary components (with the option of registered
apprenticeship), resulting in a diploma, associate's degree, or other
credential and utilizing paid work site internships in partnership with an
employer to prepare students for specific employment. Additionally, the
program assists students in preparing for a career field and provides
postsecondary education financing and employment opportunities in Iowa.
261--11.2(77GA,SF2296) Definitions.
"Certified school to career program" or "certified program" means a sequenced
and articulated secondary and postsecondary program registered as an
apprenticeship program under 29 CFR subtit. A, pt. 29, which is conducted
pursuant to an agreement as provided in 1998 Iowa Acts, Senate File 2296,
section 18, or a program approved by the state board of education, in
conjunction with the department of economic development, as meeting the
standards enumerated in 1998 Iowa Acts, Senate File 2296, section 17, that
integrates a secondary school curriculum with private sector job training which
places students in job internships, which is designed to continue into
postsecondary education that will result in new skills and add value to the
wage-earning potential of participants and increase their long-term
employability in the state, and which is conducted pursuant to an agreement as
provided in 1998 Iowa Acts, Senate File 2296, section 18.
"Department" means the Iowa department of economic development.
"Eligible postsecondary institution" means an institution as defined in Iowa
Code section 261C.3.
"Employer" means the person or organization that agrees to provide the paid
internship; provide a mentor for the on-the-job training component of the
education program; participate in curriculum development that identifies
knowledge, skills and behaviors needed in the workplace; oversee the trust
account and payroll expenditure fund; and employ the participant for a minimum
of two years after completion of the participant's postsecondary education.
"Participant" means an individual between the ages of 16 and 24 who is enrolled
in a public or private secondary school or postsecondary institution and who
initiated participation in a certified school to career program as part of
secondary school education.
"Payroll expenditures" means the base wages actually paid by an employer to a
participant plus the amount held in trust to be applied toward the
participant's postsecondary education.
"Sponsor" means any person, association, committee, or organization operating a
school to career program and in whose name the program is or will be registered
or approved.
261--11.3(77GA,SF2296) Certified program work site agreement. The
certified program shall be conducted pursuant to a signed written agreement
between each participant, parent or guardian, educational institution or
sponsor, as appropriate, and the employer, which contains at least the
following provisions:
11.3(1) Employer, participant and parent/guardian signatures.
The names and signatures of the participant, sponsor or employer, and the
signature of a parent or guardian if the participant is a minor are
required.
11.3(2) Educational institution or sponsor acknowledgement. The
secondary school or sponsor and the eligible postsecondary institution that the
participant attends or has chosen to attend must provide an acknowledgement
that will be attached to the agreement. The letter of acknowledgement must
detail enrollment criteria and provide an acknowledgement that it is likely the
participant will be accepted into the program of choice, given that the
participant meets established admission criteria.
11.3(3) Designation of a career field. A description of the
career field in which the participant is to be trained and the beginning date
and duration of the training shall be included. The corresponding program of
study that the participant plans to enter at the eligible postsecondary
institution must also be designated.
11.3(4) Assignment of a mentor. The employer shall identify a
mentor for the participant. The mentor's occupation should be related to the
participant's selected career field.
11.3(5) Employer's agreement to pay a base wage. The employer
shall agree to provide paid employment, at a base wage, for the participant
during the summer months after the participant's junior and senior years in
high school and after the participant's first year of postsecondary
education.
11.3(6) Minimum academic standards. The participant and
employer shall agree upon set minimum academic standards that must be
maintained through the participant's secondary and postsecondary education.
11.3(7) Compliance with workplace laws and regulations. The base wage
paid to the participant for hours worked shall not be less than the minimum
wage prescribed by Iowa law or the federal Fair Labor Standards Act, whichever
is applicable at the time the work is performed. The program shall also comply
with all state and federal laws pertaining to the workplace, including equal
employment opportunity and accident and liability insurance requirements.
11.3(8) Additional amount to be held in an Employee Retirement Income
Security Act (ERISA) fund to pay for postsecondary tuition. ERISA is described
in Title 19 of the United States Code, Chapter 18.
a. In addition to the base wage paid to the participant, the employer shall pay
an additional sum to be held in trust and applied toward the participant's
postsecondary education required for completion of the certified program. The
additional amount must be not less than an amount determined by the department
to be sufficient to provide payment of tuition expenses toward completion of
not more than two academic years of the required postsecondary education
component of the certified program at an Iowa community college or an Iowa
public or private college or university. The additional amount specified in
this paragraph may include other related postsecondary educational expenses at
the discretion of the employer.
b. The eligible postsecondary institution that is identified in the agreement
shall compute the anticipated tuition amount for the first two years for the
postsecondary program of study identified in the agreement. If the
postsecondary program of study is shorter than two years in length, the entire
tuition amount shall be identified. Any financial aid in the form of grants,
and excluding loans, that is anticipated or has already been granted to the
participant may be subtracted from the program tuition costs computed by the
eligible postsecondary institution. The resulting tuition costs shall be
divided by the number of hours that the participant is anticipated to work for
the employer over the three summer internships to determine the hourly amount
that the employer must pay in addition to the base wage. The amount set aside
for postsecondary tuition may be renegotiated at any time during the certified
program based upon additional information that is obtained about the tuition
costs, financial aid or other items that will affect the amount of funding
needed to cover two years of postsecondary tuition, or all tuition expenses for
programs shorter that two years in length, in the selected program. If, for
circumstances at the discretion of the participant and beyond the control of
the employer, the participant misses hours of work that cannot be made up, the
employer is not responsible for funding the entire two years of postsecondary
tuition.
c. This additional amount shall be held in trust by the employer for the
benefit of the participant. Payment into an ERISA-approved fund for the benefit
of the participant shall satisfy this requirement. The specific fund shall be
specified in the agreement.
d. Payment of postsecondary tuition expenses from the ERISA fund established
through this program shall be made directly to the postsecondary institution
unless otherwise designated in the certified program agreement.
e. The certified program work site agreement shall specify any tax implications
that the participant may encounter as a result of the accumulation of ERISA
funds.
11.3(9) Participant's agreement to work for the employer.
The participant must agree to work for the employer for at least two years
following the completion of the participant's postsecondary education as
required by the certified program. However, the agreement may provide for
additional education and work commitments beyond the two years. This agreement
may be contingent upon the employer's willingness to provide full-time,
nonseasonal employment with industry standard wages and benefits.
11.3(10) Repayment of tuition funding. If the participant does
not complete the two-year employment obligation, the participant's agreement to
repay to the employer the amount paid by the employer toward the participant's
postsecondary education expenses pursuant to subrule 11.3(8) shall provide
that:
a. If a participant does not complete the certified program identified by the
agreement after entering the postsecondary component of the school to career
education program, any unexpended funds being held in trust for the
participant's postsecondary education shall be paid back to the employer. In
addition, the participant must repay to the employer amounts paid from the
trust which were expended on the participant's behalf for postsecondary
education.
b. If a participant selects a different career field and chooses not to
complete the certified program identified in the agreement prior to entering
the postsecondary component of the education program, one-half of the moneys
being held in trust for the participant's postsecondary education shall be paid
to a postsecondary education institution as defined in Iowa Code section 261C.3
of the participant's choice to pay tuition or expenses of the participant. The
other one-half of the trust moneys shall be paid back to the employer. Any
moneys to be transferred for the benefit of the participant which are not
transferred within five years for purposes of education at the designated
postsecondary institution shall be paid back to the employer.
c. If the participant elects to change the participant's postsecondary
education choice, but agrees to fulfill the training and employment conditions
in the certified program work site agreement, the program agreement shall be
modified by consent of the participant, sponsor, parent or guardian, if
applicable, employer representative and representatives of the newly selected
postsecondary educational entity.
d. If the employer does not offer full-time, permanent employment in the career
field designated in the agreement that is consistent with industry
standard wages and benefits, the participant shall not be required to make
repayment to the employer.
e. If a participant terminates full-time, permanent employment that offers a
wage and benefit package consistent with industry standards prior to the
two-year time period, the participant shall repay postsecondary education
expenses to the employer in whole or in part.
f. If the employer permanently terminates employment of the participant and
unemployment insurance is awarded, no repayment of the tuition assistance funds
shall be required.
11.3(11) Additional tuition allowance. Employers may, at their
discretion, pay participants an additional amount that will cover more than two
years of postsecondary tuition.
11.3(12) Documentation of certified program. Documentation of
the internship being part of registered apprenticeship program under 29 CFR
subtit. A, pt. 29 which is conducted pursuant to an agreement as provided in
1998 Iowa Acts, Senate File 2296, section 18, or a program approved by the
state board of education must be part of the agreement.
11.3(13) Certified program work site agreement submittal. The
certified program work site agreement must be submitted to the department for
approval prior to the beginning of the internship. The department shall review
the agreement and provide a letter of approval or denial within 30 days of
receipt of the agreement.
261--11.4(77GA,SF2296) Payroll expenditure refund.
11.4(1) Eligible Iowa payroll expenditure refund. An Iowa
employer who employs a participant in a certified school to career program may
claim a refund of 20 percent of the employer's payroll expenditures for each
participant in the certified program. The refund is limited to the first 400
hours of payroll expenditures per participant for each calendar year the
participant is in the certified program, not to exceed three years per
participant. In order to receive the refund, an employer must submit a
finalized certified program work site agreement to the department and receive
approval for the program prior to the participant's beginning work for the
business.
11.4(2) Claim submittal process. To receive a refund under
subrule 11.4(1) for a calendar year, the employer shall file the claim by July
1 of the following calendar year. Claims that are not received by July 1 of the
calendar year following the payroll expenditure shall not receive a refund.
The claim shall be filed on forms provided by the department of economic
development and the employer shall provide such information regarding the
employer's participation in a certified school to career program as the
department may require. If the amount appropriated to the certified
school to career program in any given fiscal year is insufficient to pay all of
the refund claims for the applicable calendar year, each claimant shall receive
a proportion of the claimant's refund equal to the ratio of the amount
appropriated to the total amount of refund claims. Any unpaid portion of a
claim shall not be paid from a subsequent fiscal year appropriation.
The participant's social security number will be required for purposes of
program evaluation.
These rules are intended to implement 1998 Iowa Acts, Senate File 2296,
sections 15 to 21.
ARC 8315A
EDUCATIONAL EXAMINERS BOARD[282]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code section 272.2, the Board of Educational
Examiners hereby gives Notice of Intended Action to amend Chapter 14, "Issuance
of Practitioner's Licenses and Endorsements," Iowa Administrative Code.
The proposed amendments clarify the wording for middle school endorsement in
subrule 14.20(15) and remove the expiration date thereby allowing this
endorsement to continue to be available after December 31, 1998.
The middle school endorsement was created for holders of a general elementary
endorsement or a secondary endorsement. The middle school endorsement
encourages preparation of middle school level teachers in the unique
characteristics and needs of the middle school age student and continues to
facilitate interdisciplinary teaching in the middle school.
The Board has reviewed the impact of this middle school endorsement and finds
that it is an effective and needed endorsement that should continue to be
available to practitioners; therefore, the Board proposes to clarify the
wording in this endorsement and to remove the expiration date of December 31,
1998.
There will be a public hearing on the proposed amendments on October 8, 1998,
at 10 a.m. in Conference Room 3 North, Third Floor, Grimes State Office
Building, East 14th and Grand Avenue, Des Moines, Iowa. Persons may present
their views at the public hearing orally or in writing. Persons who wish to
make oral presentation at the public hearing may contact the Executive
Director, Board of Educational Examiners, Grimes State Office Building, East
14th and Grand Avenue, Des Moines, Iowa 50319-0147, or at (515) 281-5849 prior
to the date of the public hearing.
Any interested person may make written comments or suggestions on the proposed
amendments through 4:30 p.m., October 9, 1998. Written comments and
suggestions should be addressed to Dr. Anne E. Kruse, Executive Director, Board
of Educational Examiners, at the above address.
These amendments are intended to implement Iowa Code chapter 272.
The following amendments are proposed.
Amend subrule 14.20(15) as follows:
Amend paragraph "b," subparagraph (2), numbered paragraph
"2," as follows:
2. Three semester hours of coursework in middle school
curriculum design, and instruction,
and curriculum including, but not limited to, instruction in
interdisciplinary teaming, pedagogy, and methods in addition to related studies
completed as part of the professional education core in 14.19(3).
Strike the final paragraph as follows:
The provision of this subrule will expire on December 31,
1998.
ARC 8314A
EDUCATIONAL EXAMINERS BOARD[282]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code section 272.2, the Board of Educational
Examiners hereby gives Notice of Intended Action to amend Chapter 14, "Issuance
of Practitioner's Licenses and Endorsements," Iowa Administrative Code.
The proposed amendment adds provisions for a two-year administrator exchange
license, which is similar to the two-year exchange license currently provided
for instructional staff.
There will be a public hearing on the proposed amendment on October 8, 1998, at
1 p.m. in Conference Room 3 North, Third Floor, Grimes State Office Building,
East 14th and Grand Avenue, Des Moines, Iowa. Persons may present their views
at the public hearing orally or in writing. Persons who wish to make oral
presentation at the public hearing may contact the Executive Director, Board of
Educational Examiners, Grimes State Office Building, East 14th and Grand
Avenue, Des Moines, Iowa 50319-0147, or telephone (515) 281-5849 prior to the
date of the public hearing.
Any interested person may make written comments or suggestions on the proposed
amendment through 4:30 p.m., October 9, 1998. Written comments and suggestions
should be addressed to Dr. Anne E. Kruse, Executive Director, Board of
Educational Examiners, at the above address.
This amendment is intended to implement Iowa Code chapter 272.
The following amendment is proposed.
Adopt new rule 282--14.25(272) as follows and renumber existing
rules 282--14.25(272) to 282--14.32(272)as 282--14.26(272)
to 282--14.33(272).
282--14.25(272) Two-year administrator exchange license.
14.25(1) A two-year nonrenewable exchange license may be issued to an
individual under the following conditions. The individual:
a. Has completed a state-approved teacher education program in a college or
university approved by the state board of education or the state board of
educational examiners in the individual's home state.
b. Has completed a state-approved administrator education program in a college
or university approved by the state board of education or the state board of
educational examiners in the individual's home state.
c. Holds a valid regular administrative certificate or license.
d. Is not subject to any pending disciplinary proceedings in any state.
e. Meets the experience requirements for the administrative endorsements.
Verified successful completion of five years of full-time teaching and
administrative experience in other states, on a valid license, shall be
considered equivalent experience necessary for the principal endorsement.
Verified successful completion of eight years of full-time teaching and
administrative experience in other states, on a valid license, shall be
considered equivalent experience for the superintendent endorsement provided
that three years were as a building principal or other PK-12 districtwide or
area education agency administrator.
14.25(2) Each exchange license shall be limited to the area(s) and
level(s) of administration as determined by an analysis of the application, the
transcripts, and the license or certificate held in the state in which the
basic preparation for the administrative licensure was completed.
14.25(3) Each individual receiving the two-year exchange license will
have to complete any identified licensure deficiencies in order to be eligible
for a regular educational and administrative license in Iowa.
ARC 8279A
EDUCATION DEPARTMENT[281]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code section 256.7(5), the Iowa State Board
of Education hereby gives Notice of Intended Action to rescind Chapter 8, "ICN
Subsidization Reimbursement Procedures," Iowa Administrative Code.
This chapter is being rescinded since the $2.5 million disbursement to the ICN
never occurred, making these rules obsolete.
Since this process does not affect the public, no public hearing will be held.
Written comments may be submitted to Ann Molis, Consultant, Department of
Education, Grimes State Office Building, Des Moines, Iowa 50319, on or before
September 29, 1998.
This amendment is intended to implement Iowa Code section 256.11.
The following amendment is proposed.
Rescind and reserve 281--Chapter 8.
ARC 8283A
EDUCATION DEPARTMENT[281]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code section 256.7(5), the Iowa State Board
of Education hereby gives Notice of Intended Action to rescind Chapter 90,
"Standards for Graduate Teacher Education Programs," Iowa Administrative
Code.
This chapter was replaced by Chapter 78 in 1993.
Since this process does not affect the public, no public hearing will be held.
However, written comments will be accepted on or before September 29, 1998, and
may be directed to Ann Molis, Department of Education, Grimes State Office
Building, Des Moines, Iowa 50319-0146.
This amendment is intended to implement Iowa Code section 256.7(3).
The following amendment is proposed.
Rescind and reserve 281--Chapter 90.
ARC 8284A
EDUCATION DEPARTMENT[281]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code section 256.7(5), the Iowa State Board
of Education hereby proposes a new Chapter 96, "Local Sales and Services Tax
for School Infrastructure," Iowa Administrative Code.
This new chapter defines the enrollment count that will be reported by school
districts located in a county that adopts a local sales and services tax for
school district infrastructure.
Any interested person may make written suggestions or comments on this proposed
chapter on or before October 2, 1998. Such written comments should be directed
to the attention of Lee Tack, Department of Education, Grimes State Office
Building, Des Moines, Iowa 50319; fax (515) 242-5988.
A public hearing will be held on October 2, 1998, from 1 to 2 p.m. in the ICN
Room, Department of Education, Second Floor, Grimes State Office Building, Des
Moines, Iowa 50319-0146, and on the Iowa Communications Network at the
following sites:
Keystone AEA 1, ICN Classroom, 1400 2nd St. SW, Elkader, IA 52043
Northern Trails AEA 2, State Room, 9184B 265th Street, Clear Lake, IA 50428
Lakeland AEA 3, Highway 18 and 2nd Street, Cylinder, IA 50528
AEA 4, 1382 4th Avenue NE, Room 103, Sioux Center, IA 51250
Arrowhead AEA 5, Iowa Central Community College, Library Building, 2nd Floor,
Room 204, 330 Avenue M, Fort Dodge, IA 50501
AEA 6, 909 South 12th Street, ICN Room, Marshalltown, IA 50158
AEA 7, 3712 Cedar Heights Drive, Cedar Falls, IA 50613
Mississippi Bend AEA 9, Louisa Room, 729 21st St., Bettendorf, IA 52722
Grant Wood AEA 10, Revere Room, 4401 Sixth Street SW, Cedar Rapids, IA 52404
AEA 11 (Origination), Department of Education, Grimes State Office Building,
2nd Floor, Des Moines, IA 50319
Heartland AEA 11, ICN Classroom, 6500 Corporate Drive, Johnston, IA 50131
Western Hills AEA 12, Room 209A, 1520 Morningside Avenue, Sioux City, IA
51106
Loess Hills AEA 13, ICN Room, 24997 Highway 92, Council Bluffs, IA 51502
Green Valley AEA 14, Turner Room, 1405 North Lincoln, Creston, IA 50801
Southern Prairie AEA 15, ICN Classroom, 2814 North Court, Ottumwa, IA
52501-1194
Great River AEA 16, 1200 University, Room 108, Burlington, IA 52601
Persons who wish to convey their views orally or in writing may do so on
September 29, 1998, from 1 to 2 p.m. in the State Board Room, Department of
Education, Grimes State Office Building, Des Moines, Iowa 50319-0146, or by
calling (515)281-5293.
Persons who intend to attend a public hearing and have special requirements
such as hearing or mobility impairments should contact the Department of
Education and advise of specific needs.
This chapter is intended to implement 1998 Iowa Acts, House File 2282.
The following chapter is proposed.
Adopt the following new chapter:
CHAPTER 96
LOCAL SALES AND SERVICES TAX
FOR SCHOOL INFRASTRUCTURE
281--96.1(77GA,HF2282) Definitions. For purposes of these rules, the
following definitions shall apply:
"Actual enrollment" means the number of students each school district certifies
to the department by October 1 of each year in accordance with Iowa Code
section 257.6, subsection 1.
"Base year" means the school year ending during the calendar year in which the
budget is certified.
"Combined actual enrollment" means the sum of the students in each school
district located in whole or in part in a county imposing a sales tax who are
residents of that county as determined by rule 96.2(77GA,HF2282).
"Department" means the state department of education.
"Nonresident student" means a student enrolled in a school district who does
not meet the requirements of a resident as defined in Iowa Code section
282.1.
"Resident student" means a student enrolled in a school district and meeting
the requirements of a resident as defined in Iowa Code section 282.1.
"Sales tax" means a local option sales and services tax for school
infrastructure imposed in accordance with 1998 Iowa Acts, House File 2282.
"School district" means a public school district in Iowa accredited by the
state department of education.
281--96.2(77GA,HF2282) Reports to the department. Each
school district located in whole or in part in a county where a sales tax has
been imposed shall report the following to the department on forms and in the
manner prescribed by the department.
96.2(1) First year of taxation. Within ten days after an
election in a county where a sales tax has been adopted, each school district
within the county shall report to the department the actual enrollment of the
school district in the year prior to the base year. The department shall
forward the actual enrollment to the department of management within 15 days of
receipt.
96.2(2) Second and subsequent years of taxation. In the second and
subsequent years of taxation, each school district shall, by October 1,
annually report the school district's actual enrollment by the student's county
of residency according to the following:
a. County of residency. The county of residency for each of the following
students shall be the county of residency of the student's parent or
guardian:
(1) Resident students who were enrolled in the school district in grades
kindergarten through 12 and including prekindergarten students enrolled in
special education programs;
(2) Full-time equivalent resident students of high school age for which the
school district pays tuition to attend an Iowa community college;
(3) Shared-time and part-time students of school age enrolled in the school
district;
(4) Eleventh and twelfth grade nonresident students who were residents of the
school district during the preceding school year and are enrolled in the school
district until the students graduate;
(5) Resident students receiving competent private instruction from a licensed
practitioner provided through a public school district pursuant to Iowa Code
chapter 299A; and
(6) Resident students receiving competent private instruction under dual
enrollment pursuant to Iowa Code chapter 299A.
b. Emancipated minor. The county of residency for an emancipated minor
attending the school district shall be the county in which the emancipated
minor is living.
c. County of residency unknown. If a school district cannot determine an
enrolled student's county of residency, the county of residency shall be the
county in which the school district certifies its budget.
281--96.3(77GA,HF2282) Combined actual enrollment. By March 1,
annually, the department shall forward to the department of management the
actual enrollment and the actual enrollment by the student's county of
residency for each school district located in whole or in part in a county
where a sales tax has been imposed, and the combined actual enrollment for that
county.
These rules are intended to implement 1998 Iowa Acts, House Files 2282.
ARC 8304A
ENGINEERING AND LAND SURVEYING EXAMINING BOARD[193C]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code section 542B.6, the Engineering and Land
Surveying Examining Board hereby gives Notice of Intended Action to amend
Chapter 1, "Administration," Iowa Administrative Code.
This amendment is necessary because the Board's requirement to print an annual
report for licensees was eliminated effective July 1, 1998.
Any interested person may make written or oral suggestions or comments on this
proposed amendment on or before September 29, 1998. Comments should be
directed to Gleean Coates, Executive Secretary, Iowa Engineering and Land
Surveying Examining Board at 1918 S.E. Hulsizer Road, Ankeny, Iowa 50021, or by
telephoning (515) 281-7360.
This amendment is intended to implement Iowa Code section 542B.10.
The following amendment is proposed.
Amend rule 193C--1.9(542B) by rescinding subrule 1.9(6).
ARC 8288A
HUMAN SERVICES DEPARTMENT[441]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code section 249A.4 and 1997 Iowa Acts,
chapter 208, section 28, subsection 13, and section 37, the Department of Human
Services proposes to amend Chapter 81, "Nursing Facilities," appearing in the
Iowa Administrative Code.
This amendment changes the basis for the maximum nursing facility rate from
December 31, 1996, cost reports to December 31, 1997, cost reports, retroactive
to January 1, 1998. This effectively increases the maximum rate from $71.70 to
$73.21 per day. Effective July 1, 1998, the maximum nursing facility rate was
set at $76.69 based on June 30, 1998, cost reports.
The Seventy-seventh General Assembly in 1997 Iowa Acts, chapter 208, section
28, subsection 1, paragraph "f," directed that if funds were available, the
maximum reimbursement rate for nursing facilities should be adjusted effective
January 1, 1998. It has now been determined that funding will be available to
make this adjustment. The state cost for providing this increase for the last
six months of state fiscal year 1998 is estimated at approximately $3.6 million
(state share $1.3 million) based on the $73.21 maximum daily rate.
The substance of this amendment is also Adopted and Filed Emergency and is
published herein as ARC 8289A. The purpose of this Notice is to solicit
comment on that submission, the subject matter of which is incorporated by
reference.
Consideration will be given to all written data, views, and arguments thereto
received by the Bureau of Policy Analysis, Department of Human Services, Hoover
State Office Building, Des Moines, Iowa 50319-0114, on or before September 30,
1998.
This amendment is intended to implement Iowa Code section 249A.4 and 1997 Iowa
Acts, chapter 208, section 28, subsection 1, paragraph "f."
ARC 8325A
NATURAL RESOURCE COMMISSION[571]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural
Resource Commission hereby gives Notice of Intended Action to amend Chapter 40,
"Boating Speed and Distance Zoning," Iowa Administrative Code.
These amendments would expand two existing no-wake zones on the Mississippi
River at Sabula, in Jackson County. Zone 1 is an area at the north boat ramp
and Zone 3 is within an area known as South Sabula Lake and has a public
campground, boat ramp and a number of docks located along the shoreline. The
City of Sabula is requesting this amendment in an effort to provide better
shoreline and facility protection from wave action and increased water safety
for public recreation.
Any interested person may make written suggestions or comments on the proposed
amendments prior to September 30, 1998. Such written materials should be
directed to the Law Enforcement Bureau, Department of Natural Resources,
Wallace State Office Building, Des Moines, Iowa 50319-0034; fax
(515)281-6794. Persons who wish to convey their views orally should contact
the Law Enforcement Bureau at (515)281-4515 or at the enforcement offices on
the fourth floor of the Wallace State Office Building.
There will be a public hearing on September 30, 1998, at 1 p.m. in the Fourth
Floor West 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 rule.
Any persons who intend to attend a public hearing and have special requirements
such as hearing or mobility impairments should contact the Department of
Natural Resources and advise of specific needs.
These amendments are intended to implement Iowa Code section 462A.26.
The following amendments are proposed.
ITEM 1. Amend subrule 40.34(1) as follows:
40.34(1) Zone 1. Zone 1 shall extend 200 feet from shore and begin at
a point 100 feet above 250 feet upstream of the north
Sabula city boat ramp and ending at a point downstream where Bank Street
intersects the river bank.
ITEM 2. Amend subrule 40.34(3) as follows:
40.34(3) Zone 3. Zone 3 shall extend 200 feet into
Lower South Sabula Lake from the county boat ramp and
100 feet to the left west of the ramp and
100 600 feet to the right east
of the ramp.
ARC 8318A
PUBLIC HEALTH DEPARTMENT[641]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code Supplement section 135.105C, the
Department of Public Health hereby gives Notice of Intended Action to amend
Chapter 69, "Renovation, Remodeling, and Repainting--Lead Hazard Notification
Process," Iowa Administrative Code.
This chapter implements a program to require individuals who perform
renovation, remodeling, and repainting of target housing for compensation to
provide an approved lead hazard information pamphlet to the owner and occupant
of the housing prior to commencing the work. In order to receive authorization
from the U.S. Environmental Protection Agency (EPA), the Department of Public
Health must establish a program that will be considered as protective as the
U.S. EPA rules contained in Subpart E and Subpart Q of 40 CFR Part 745 of the
Code of Federal Regulations. The final rules for the federal program were
published in the Federal Register on June 1, 1998, and will become effective on
June 1, 1999. The effective date of Iowa's rules must be changed to correspond
with the effective date of the federal regulations. In addition, the final
federal regulations are more flexible than the draft federal regulations.
Therefore, some changes can be made to Iowa's rules to make them more flexible.
The Department of Public Health must submit an application asking for this
program to be approved. The U.S. EPA must approve or disapprove this
application. If this application is not approved, the U.S. EPA will enforce
the federal regulations in Iowa beginning on June 1, 1999.
Consideration will be given to all written suggestions or comments on the
proposed amendments received on or before September 29, 1998. Such written
materials should be sent to the Lead Poisoning Prevention Program, Department
of Public Health, Lucas State Office Building, Des Moines, Iowa 50319, fax
(515)281-4529.
Also, there will be a public hearing on September 29, 1998, at 10 a.m. (local
Iowa time) over the Iowa Communications Network (ICN) at which time persons may
present their views. The sites for the public hearing are as follows:
Atlantic Public Library, 507 Poplar, Atlantic; Buena Vista University, Room 7B,
610 West Fourth Street, Storm Lake; Keystone Area Education Agency, ICN
Classroom, 2310 Chaney Road, Dubuque; Grant Wood Area Education Agency, Revere
Room, 4401 Sixth Street SW, Cedar Rapids; North Iowa Area Community College,
Classroom 2, Careers Building 128, 500 College Drive, Mason City; Southern
Prairie Area Education Agency, ICN Classroom, 2814 North Court Street, Ottumwa;
and Iowa Department of Public Health ICN Room, Third Floor, Lucas State Office
Building, Des Moines.
This chapter is intended to implement Iowa Code Supplement section 135.105C.
The following amendments are proposed.
Amend 641--Chapter 69 as follows:
CHAPTER 69
RENOVATION, REMODELING, AND REPAINTING--
LEAD HAZARD NOTIFICATION PROCESS
641--69.1(135) Applicability. This chapter applies to all persons who
perform renovation, remodeling, and repainting for compensation in target
housing.
641--69.2(135) Definitions.
"Certificate of mailing" means certified mail with return receipt or its
equivalent.
"Common area" means a portion of the building that is generally accessible to
all occupants. This includes, but is not limited to, hallways, stairways,
laundry and recreational rooms, playgrounds, community centers, garages, and
boundary fences.
"Components" means specific design or structural elements or fixtures of a
building, residential dwelling, or child-occupied facility that are
distinguished from each other by form, function, and location. These include,
but are not limited to, interior components such as ceilings, crown moldings,
walls, chair rails, doors, door trim, floors, fireplaces, radiators and other
heating units, shelves, shelf supports, stair treads, stair risers, stair
stringers, newel posts, railing caps, balustrades, windows and trim (including
sashes, window heads, jambs, sills or stools and troughs), built-in cabinets,
columns, beams, bathroom vanities, countertops, and air conditioners; and
exterior components such as painted roofing, chimneys, flashing, gutters and
downspouts, ceilings, soffits, fascias, rake boards, cornerboards, bulkheads,
doors and door trim, fences, floors, joists, latticework, railings and railing
caps, siding, handrails, stair risers and treads, stair stringers, columns,
balustrades, windowsills or stools and troughs, casing, sashes and wells, and
air conditioners.
"Department" means the Iowa department of public health.
"Dwelling unit" means a single, unified combination of rooms designed for use
as a dwelling by one family.
"Emergency renovation, remodeling, and repainting" means renovation,
remodeling, and repainting activities necessitated by nonroutine failures of
equipment that were not planned but result from a sudden, unexpected event
that, if not immediately attended to, presents a safety or public health hazard
or threatens equipment or property with significant damage.
"Lead-based paint" means paint or other surface coatings that contain lead
equal to or in excess of 1.0 milligram per square centimeter or more than 0.5
percent by weight.
"Lead-based paint hazard" means any condition that causes exposure to lead from
lead-contaminated dust, lead-contaminated soil, or lead-based paint that is
deteriorated or present in accessible surfaces, friction surfaces, and impact
surfaces that would result in adverse human health effects.
"Living area" means any area of a residential dwelling used by at least one
child six years of age or less including, but not limited to, living rooms,
kitchen areas, dens, playrooms, and children's bedrooms.
"Multifamily dwelling" means a structure that contains more than one separate
residential dwelling unit, which is used or occupied, or is intended to be used
or occupied, in whole or in part, as the home or residence of one or more
persons.
"Renovation, remodeling, repainting" means modifying any existing structure or
portion of a structure where painted surfaces are disturbed, unless the
activity fits the criteria of lead abatement as defined in 641--70.2(135) and
is performed by a certified lead abatement contractor as defined in
641--70.2(135). This includes, but is not limited to, removing walls,
ceilings, and other painted building components; window replacement; floor
refinishing; and sanding, scraping, stripping, water blasting, or otherwise
removing paint.
"Residential dwelling" means (1) a detached single-family dwelling unit,
including the surrounding yard, attached structures such as porches and stoops,
and detached buildings and structures including, but not limited to, garages,
farm buildings, and fences, or (2) a single-family dwelling unit in a structure
that contains more than one separate residential dwelling unit, which is used
or occupied, or intended to be used or occupied, in whole or part, as the home
or residence of one or more persons.
"Target housing" means housing constructed prior to 1978 with the exception of
housing for the elderly or for persons with disabilities, unless at least one
child, six years of age or less, resides or is expected to reside in the
housing, and housing which does not contain a bedroom.
641--69.3(135) Notification required. Beginning on
August June 1, 1999, individuals who perform
renovation, remodeling, and repainting of target housing for compensation,
except for emergency renovation, remodeling, and repainting of target housing
for the purpose of preventing significant property damage or threats to
public safety or health, must do the following no more than 60 days
prior to commencing the work:
69.3(1) Provide the pamphlet, Lead Poisoning: How to Protect Iowa
Families, to the owner and adult occupant of each dwelling unit where
renovation, remodeling, and repainting will be performed.
69.3(2) Obtain a signed, dated acknowledgment from the owner and known
adult occupant of each dwelling unit where renovation, remodeling, and
repainting will be performed affirming that they have received the pamphlet and
are aware of the potential health hazards from remodeling, renovating, or
repainting housing containing lead-based paint. If a written
acknowledgement cannot be obtained from an adult occupant, the individual must
certify in writing that the pamphlet has been delivered to the dwelling and
that a written acknowledgement could not be obtained from an adult occupant.
Such certification must include the address of the unit to be remodeled,
renovated, or repainted, the date of method of delivery of the pamphlet, name
of the person delivering the pamphlet, reason for lack of acknowledgement
(e.g., occupant refuses to sign, no adult occupant available), the signature of
the person conducting the renovating, remodeling, or repainting, and the date
of signature.
a. to e. No change.
69.3(3) In lieu of delivering the pamphlet and written
acknowledgement, the person conducting the renovating, remodeling, or
repainting may obtain a certificate of mailing the pamphlet and written
acknowledgement at least seven days prior to beginning the work.
69.3(3) 69.3(4) If the general nature,
location, and expected starting and ending dates of the planned renovation,
remodeling, and repainting change after the initial notification has been
conducted, the individual conducting the renovation, remodeling, and repainting
shall provide further notification to the owners and occupants providing
revised information on the ongoing or planned activities. This subsequent
notification must be provided before the individual conducting the renovation,
remodeling, or repainting initiates work beyond that which was described in the
original notice.
641--69.4(135) Notification required in multifamily housing. Beginning
on August June 1, 1999, individuals who perform
renovation, remodeling, and repainting of common areas for compensation, except
for emergency renovation, remodeling, and repainting of target housing
for the purpose of preventing significant property damage or threats to
public safety or health, must do the following no more than 60 days
prior to commencing the work:
69.4(1) No change.
69.4(2) Obtain a signed, dated acknowledgment from the owner of the
multifamily target housing where renovation, remodeling, and repainting will be
performed affirming that the owner has received the pamphlet and is aware of
the potential health hazards from remodeling, renovating, or repainting housing
containing lead-based paint.
a. to e. No change.
f. Notify each owner and occupant of the multifamily housing,
in writing, of the intended remodeling, repainting, or renovation, and make the
pamphlet, Lead Poisoning: How to Protect Iowa Families, available upon
request. At a minimum, this notification shall be accomplished by distributing
written notice to each owner and occupant of the target
housing. The notice shall describe:
(1) to (3) No change.
g. No change.
h. If the owner performs the notification activities on behalf of the
individual planning to perform the renovation, remodeling, and repainting, then
the The individual planning to perform the renovation,
remodeling, and repainting must retain prepare, sign, and
date a statement signed and dated by the owner of the
dwelling describing the steps performed to notify all occupants of the
intended renovation, remodeling, and repainting, and to provide the pamphlet,
Lead Poisoning: How to Protect Iowa Families, at no charge upon request.
Regardless of who performs the notification activities required in this
subrule, the individual planning to conduct the renovation, remodeling, and
repainting shall be responsible for ensuring compliance with this subrule and
shall be liable for any failures to comply with the notification requirements
in this subrule.
69.4(3) In lieu of delivering the pamphlet and written
acknowledgement to the owner, the person conducting the renovating, remodeling,
or repainting may obtain a certificate of mailing the pamphlet and written
acknowledgement at least seven days prior to beginning the work.
69.4(3) 69.4(4) If the general nature,
location, and expected starting and ending dates of the planned renovation,
remodeling, and repainting change after the initial notification has been
conducted, the individual conducting the renovation, remodeling, and repainting
shall provide further notification to the owners and occupants providing
revised information on the ongoing or planned activities. This subsequent
notification must be provided before the individual conducting the renovation,
remodeling, or repainting initiates work beyond that which was described in the
original notice.
641--69.5(135) Emergency renovation, remodeling, and repainting.
Beginning on August June 1, 1999, individuals who
perform emergency renovation, remodeling, and repainting of target housing for
compensation for the purpose of preventing significant property damage
or threats to public safety or health must do the following:
69.5(1) and 69.5(2) No change.
69.5(3) These activities shall be conducted by the individual
performing the renovation, remodeling, and repainting, or by the owner on
behalf of this individual. If the owner performs the notification
activities on behalf of the individual planning to perform the renovation,
remodeling, and repainting, then the The individual planning to
perform the renovation, remodeling, and repainting must retain
prepare, sign, and date a statement signed and dated by the
owner of the dwelling describing the steps performed to notify all
occupants of the intended renovation, remodeling, and repainting, and to
provide the pamphlet, Lead Poisoning: How to Protect Iowa Families, at no
charge upon request. Regardless of who performs the notification activities
required in this subrule, the individual conducting the renovation, remodeling,
and repainting shall be responsible for ensuring compliance with this rule and
shall be liable for any failures to comply with the notification requirements
in this rule.
641--69.6(135) Certification of attempted delivery. When an
adult occupant is unavailable for signature or refuses to sign the
acknowledgment of receipt of the pamphlet, the individual conducting the
renovating, remodeling, or repainting is permitted by subrule 69.3(2) to
certify delivery for each instance. The certification shall include the
address of the unit undergoing renovation, remodeling or repainting, the date
and method of delivery of the pamphlet, names of the persons delivering the
pamphlet, reason for lack of acknowledgment (e.g., occupant refuses to sign, no
adult occupant available), the signature of the individual conducting the
renovation, remodeling, and repainting, and the date of signature.
69.6(1) Unavailable for signature.
a. If an adult occupant is unavailable for signature, the certification
shall contain the following language:
I certify that I have made a good faith effort to deliver the pamphlet, Lead
Poisoning: How to Protect Iowa Families, to the unit listed below at the dates
and times indicated, and that an adult occupant was unavailable to sign the
acknowledgment. I further certify that I have left a copy of the pamphlet at
the unit with the occupant.
b. Below the statement, the certification shall require the printed name and
signature of the individual conducting the renovating, remodeling, or
repainting, the address of the unit, the attempted delivery dates and times,
and the date of signature.
69.6(2) Refused to sign.
a. If the occupant refuses to sign the acknowledgement, the certification
shall contain the following language:
I certify that I have made a good faith effort to deliver the pamphlet, Lead
Poisoning: How to Protect Iowa Families, to the unit listed below at the dates
and times indicated, and that the occupant refused to sign the acknowledgment.
I further certify that I have left a copy of the pamphlet at the unit by
sliding it under the door.
b. Below the statement, the certification shall require the printed name and
signature of the individual conducting the renovating, remodeling, or
repainting, the address of the unit, the attempted delivery dates and times,
and the date of signature.
641--69.7(135) Exemption. Renovation, remodeling, and
repainting in target housing in which a lead inspector or elevated blood lead
(EBL) inspector certified pursuant to 641-- Chapter 70 has made a written
determination that the components affected by the renovation are free of
lead-based paint and where the person conducting the renovation, remodeling, or
repainting has obtained a copy of the written determination are exempt from the
provisions of 641--Chapter 69.
641--69.6(135) 641--69.8(135) Record-keeping
requirements. Beginning on August 1, 1999, individuals who conduct
renovation, remodeling, and repainting for compensation in target housing shall
retain all records necessary to demonstrate compliance with this chapter for a
minimum of three years following completion of the renovation, remodeling, and
repainting. The records shall include:
69.6(1) 69.8(1) The address or location of the
target housing where remodeling, renovation, or repainting was conducted.
69.6(2) 69.8(2) A list of all known occupants
of the dwelling units where renovation, remodeling, or repainting was conducted
at the commencement of the work.
69.6(3) 69.8(3) Copies of signed, dated
acknowledgments as required by subrule 69.3(2) from each owner and occupant of
a dwelling unit where renovation, remodeling, or repainting was conducted.
69.6(4) 69.8(4) Copies of signed, dated
acknowledgments as required by subrule 69.4(2) from each owner of multifamily
target housing where renovation, remodeling, or repainting was conducted in
common areas.
69.6(5) 69.8(5) Copies of all signed, dated
statements of notification, as well as copies of all notification materials to
all owners and occupants as required by acknowledgments as required by subrule
69.4(2) from each owner and occupant of multifamily target housing where
renovation, remodeling, or repainting was conducted in common areas.
69.8(6) Reports showing that a lead inspector or elevated
blood lead (EBL) inspector certified pursuant to 641--Chapter 70 has made a
written determination that the components affected by the renovation are free
of lead-based paint.
69.8(7) Certifications of attempted delivery as described in
641--69.6(135).
69.8(8) Certificates of mailing as described in subrules
69.3(3) and 69.4(3).
641--69.7(135) 641--69.9(135) Enforcement.
69.7(1) 69.9(1) The department may enter the
place of business of an individual who conducts renovation, remodeling, and
repainting for the purpose of enforcing the notification required by this
chapter.
69.7(2) 69.9(2) The following are considered to
be in violation of this chapter:
a. Failure or refusal to comply with any requirements of this chapter.
b. Failure or refusal to establish, maintain, provide, copy, or permit access
to records or reports as required by this chapter.
c. Failure or refusal to permit entry or inspection as described in subrule
69.7(1) 69.9(1).
These rules are intended to implement Iowa Code Supplement section 135.105C.
ARC 8319A
PUBLIC HEALTH DEPARTMENT[641]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code section 135.105A, the Department of
Public Health hereby gives Notice of Intended Action to amend Chapter 70, "Lead
Professional Certification," Iowa Administrative Code.
Iowa Code section 135.105A directs the Department of Public Health to establish
a program for the training and certification of lead inspectors and lead
abaters and states that a person shall not perform lead abatement or lead
inspections unless the person has completed a training program approved by the
Department and has obtained certification. Property owners are required to be
certified only if the property in which they will perform lead inspections or
lead abatement is occupied by a person other than the owner or a member of the
owner's immediate family while the measures are being performed. A person may
be certified as both a lead inspector and a lead abater. However, a person who
is certified as both shall not provide both inspection and abatement services
at the same site unless a written consent or waiver, following full disclosure
by the person, is obtained from the owner or manager of the site. The
legislation establishing this Iowa Code section stated that this section could
take effect only after the Department of Public Health obtained certification
from the U.S. Environmental Protection Agency (EPA) as an accredited program to
train and certify lead inspectors and abaters. However, the legislation also
stated that the Department could establish a temporary program for the
voluntary certification of lead inspectors and lead abaters during the period
prior to obtaining certification as an accredited program from the U.S. EPA.
Since the Department of Public Health certification program has not yet
received authorization from the U.S. EPA, certification of lead professionals
is still voluntary.
In order to receive authorization from the U.S. EPA, the Department of Public
Health must establish a program for the mandatory certification of lead
professionals that will be considered as protective as the U.S. EPA rules
contained in Subpart L and Subpart Q of 40 CFR Part 745 of the Code of Federal
Regulations. Under 40 CFR Part 745, approval of training programs will become
mandatory on March 1, 1999, and certification of lead professionals will become
mandatory on August 31, 1999. The Department of Public Health must submit an
application asking for this program to be approved. The U.S. EPA must approve
or disapprove this application. If this application is not approved, the U.S.
EPA will enforce the federal regulations in Iowa beginning on March 1, 1999.
The U.S. EPA has reviewed a draft of Iowa's application and recommended that
the rules be amended as shown in this Notice of Intended Action.
Consideration will be given to all written suggestions or comments on the
proposed amendments on or before September 29, 1998. Such written materials
should be sent to the Lead Poisoning Prevention Program, Department of Public
Health, Lucas State Office Building, Des Moines, Iowa 50319; fax
(515)281-4529.
Also, there will be a public hearing on September 29, 1998, at 10 a.m. (local
Iowa time) over the Iowa Communications Network (ICN) at which time persons may
present their views. The sites for the public hearing are the following:
Atlantic Public Library, 507 Poplar, Atlantic; Buena Vista University, Room 7B,
610 West Fourth Street, Storm Lake; Keystone Area Education Agency, ICN
Classroom, 2310 Chaney Road, Dubuque; Grant Wood Area Education Agency, Revere
Room, 4401 Sixth Street SW, Cedar Rapids; North Iowa Area Community College,
Classroom 2, Careers Building 128, 500 College Drive, Mason City; Southern
Prairie Area Education Agency, ICN Classroom, 2814 North Court Street, Ottumwa;
and Iowa Department of Public Health ICN Room, Third Floor, Lucas State Office
Building, Des Moines.
These amendments are intended to implement Iowa Code section 135.105A.
The following amendments are proposed.
ITEM 1. Amend rule 641--70.2(135) as follows:
Add the following new definitions in alphabetical order:
"Certified project designer" means a person who has met the requirements of
641--70.5(135) and who has been certified by the department.
"Firm" means a company, partnership, corporation, sole proprietorship,
association, or other business entity that performs or offers to perform
lead-based paint activities.
Amend the following definitions:
"Hazardous waste" means any waste as defined in 40 CFR 2561.3
261.3.
"Target housing" means housing constructed prior to 1978 with the exception of
housing for the elderly or for persons with disabilities, unless at
least one child, six years of age or less, resides or is expected to reside in
the housing, and housing which does not contain a bedroom, unless
at least one child, six years of age or less, resides or is expected to reside
in the housing for the elderly or persons with disabilities or housing which
does not contain a bedroom.
ITEM 2. Amend subrule 70.4(1), paragraph "e," as follows:
e. The training manager shall maintain the validity and integrity of the
hands-on skills assessment to ensure that it accurately evaluates the trainees'
performance of the work practices and procedures associated with the course
topics contained in subrules 70.4(3) to 70.4(8)
70.4(9).
ITEM 3. Amend subrule 70.4(2), paragraph "k," as follows:
k. A nonrefundable fee of $200.
ITEM 4. Amend rule 641--70.4(135) by adding the following new
subrule 70.4(8) and renumbering subrules 70.4(8) to 70.4(10) as
70.4(9) to 70.4(11):
70.4(8) To be approved for the training of project designers, a course
must be at least 48 instructional training hours with a minimum of 12 hours
devoted to hands-on activities and shall cover at least the following subjects
(requirements ending in an asterisk (*) indicate areas that require hands-on
activities as an integral component of the course):
a. Role and responsibilities of a lead abatement contractor.
b. Background information on lead and its adverse health effects, how children
and adults are exposed to lead, and how to prevent lead exposure in children
and adults.
c. Background information on federal, state, and local regulations and guidance
that pertain to lead-based paint and lead-based paint activities.
d. Liability and insurance issues relating to lead-based paint abatement.
e. Identification of lead-based paint and lead-based paint hazards.*
f. Interpretation of lead inspection reports.*
g. Development and implementation of an occupant protection plan and abatement
report.
h. Respiratory protection and protective clothing.*
i. Employee information and training.
j. Approved methods for conducting lead-based paint abatement and interim
controls.*
k. Prohibited methods for conducting lead-based paint abatement and interim
controls.
l. Interior dust abatement and cleanup.*
m. Soil and exterior dust abatement and cleanup.*
n. Clearance standards and testing, including random sampling.
o. Cleanup and waste disposal.
p. Record keeping.
q. Role and responsibilities of a project designer.
r. Development and implementation of an occupant protection plan for
large-scale abatement projects.
s. Lead-based paint abatement and lead-based paint hazard reduction methods,
including restricted practices for large-scale abatement projects.
t. Interior dust abatement/cleanup or lead hazard control and reduction methods
for large-scale abatement proj-ects.
u. Clearance standards and testing for large-scale abatement projects.
v. Integration of lead-based paint abatement methods with modernization and
rehabilitation projects for large-scale abatement projects.
w. The course shall conclude with a course test and, if applicable, a hands-on
skills assessment. The student must achieve a score of at least 80 percent on
the examination and successfully complete the hands-on skills assessment to
successfully complete the course.
ITEM 5. Amend renumbered subrule 70.4(9), paragraph "a," as
follows:
a. A review of the curriculum topics of the initial certification course for
the appropriate discipline as listed in subrules 70.4(3) to
70.4(7) 70.4(8).
ITEM 6. Amend renumbered subrule 70.4(10), paragraph "e," as
follows:
e. A nonrefundable fee of $200.
ITEM 7. Amend subrule 70.5(2), paragraph "a," as follows:
a. Lead inspectors and elevated blood lead (EBL) inspectors must meet one of
the following requirements:
(1) Bachelor's degree and one year of related experience (e.g., lead,
environmental health, public health, housing inspection, building
trades).
(2) Associate's degree and one year two years of
related experience (e.g., lead, environmental health, public health, housing
inspection, building trades).
(3) High school diploma and two three years of related
experience (e.g., lead, environmental health, public health, housing
inspection, building trades).
(4) Certification as an industrial hygienist, professional engineer, registered
architect, registered sanitarian, registered environmental health specialist,
or registered nurse.
ITEM 8. Amend subrule 70.5(2) by adding the following new
paragraph "e":
e. Project designers must meet one of the following requirements:
(1) Bachelor's degree in engineering, architecture, or a related profession,
and one year of experience in building construction and design or a related
field.
(2) Four years of experience in building construction and design or a related
field.
ITEM 9. Amend subrule 70.6(2), paragraph "d," subparagraph
(6), as follows:
(6) Name, signature, and certification number of each certified lead
inspector or certified elevated blood lead inspector conducting the
investigation;
ITEM 10. Amend subrule 70.6(4), paragraph "h," intro-ductory
paragraph and subparagraph (6), as follows:
h. A certified lead inspector or a certified elevated blood lead inspector
shall prepare a written report for each residential dwelling or
child-occupied facility where a lead hazard screen is conducted and shall
provide a copy of this report to the person requesting the lead hazard screen.
A certified lead inspector or a certified elevated blood lead inspector
shall maintain a copy of each written report for no fewer than three years.
The report shall include, at least:
(6) Name, signature, and certification number of each certified lead
inspector or certified elevated blood lead inspector conducting the
investigation;
ITEM 11. Amend subrule 70.6(6), paragraph "d," as follows:
d. A certified lead abatement contractor or a certified project designer
shall develop an occupant protection plan for all lead abatement projects prior
to starting lead abatement and shall implement the occupant protection plan
during the lead abatement project. The occupant protectionplan shall be unique
to each residential dwelling or child-occupied facility. The occupant
protection plan shall describe the measures and management procedures that will
be taken during the abatement to protect the building occupants from exposure
to any lead-based paint hazards.
ITEM 12. Amend subrule 70.6(6), paragraph "i," intro-ductory
paragraph, as follows:
i. The certified lead abatement contractor or a certified project designer
shall prepare an abatement report containing the following information:
ITEM 13. Amend subrule 70.6(7), paragraph "c," subparagraph
(6), as follows:
(6) Name, signature, and certification number of each certified visual
assessor, certified lead inspector, or certified elevated blood lead (EBL)
inspector conducting the visual risk assessment;
ITEM 14. Adopt the following new rule 641--70.7(135) and
renumber rule 641--70.7(135) as 641--70.8(135):
641--70.7(135) Firms. Firms that perform or offer to perform
lead-based paint activities shall employ only appropriately certified employees
to conduct lead-based paint activities, and the firm and its employees shall
follow the work practice standards in 641--70.6(135) for conducting lead-based
paint activities.
ITEM 15. Renumber rule 641--70.8(135) as 641-- 70.9(135).
ARC 8317A
PUBLIC HEALTH DEPARTMENT[641]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of 1998 Iowa Acts, Senate File 2280, section 5,
subsection 4(10), the Iowa Department of Public Health proposes to adopt
Chapter 91, "Iowa Domestic Abuse Death Review Team," Iowa Administrative
Code.
The proposed chapter creates a domestic abuse death review team pursuant to
1998 Iowa Acts, Senate File 2280, section 5, subsection 4(10). The purpose of
the team is to aid in the reduction of the incidence of domestic abuse deaths
by identifying the cause and manner of deaths occurring from domestic violence
and to make recommendations for changes in policy and practice to improve
community interventions for preventing domestic abuse deaths.
Any interested person may make written suggestions or comments on the proposed
rules on or before September 29, 1998. Such written materials should be
directed to Binnie LeHew, Bureau of Disability and Injury Prevention, Iowa
Department of Public Health, Lucas State Office Building, Des Moines, Iowa
50319-0075; fax (515)281-4535.
Also, there will be a public hearing from 1 to 3 p.m. on September 30, 1998, in
Room 118, State Capitol Building, Des Moines, Iowa. 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 rules.
Any persons who intend to attend the public hearing and have special
requirements such as hearing or mobility impairments should contact the
Department of Public Health and advise of specific needs.
These rules are intended to implement 1998 Iowa Acts, Senate File 2280, section
5, subsection 4(10).
The following new chapter is proposed:
CHAPTER 91
IOWA DOMESTIC ABUSE DEATH REVIEW TEAM
641--91.1(77GA,SF2280) Purpose. The purpose of the domestic abuse
death review team is to aid in the reduction of the incidence of domestic abuse
deaths by accurately identifying the cause and manner of deaths occurring from
domestic violence and by making recommendations for changes in policy and
practice to improve community interventions for preventing domestic abuse
deaths.
641--91.2(77GA,SF2280) Definitions.
"Team" means the Iowa domestic abuse death review team.
"Unexcused absence" means failure by a team member to notify the chairperson of
an anticipated absence from a team meeting.
641--91.3(77GA,SF2280) Agency. The Iowa domestic abuse death review
team is established as an independent agency of state government. The Iowa
department of public health shall provide staffing and administrative support
to the team.
641--91.4(77GA,SF2280) Membership. The membership of the team is
subject to the provisions of Iowa Code sections 69.16 and 69.16A, relating to
political affiliation and gender balance. Team members who are not designated
by another appointing authority shall be appointed by the director of public
health. Membership terms shall be for three years. One-third of the initial
members shall serve for three years, one-third of the initial members shall
serve for two years, and one-third of the initial members shall serve for one
year, as designated by the appointing authority.
91.4(1) The team shall include the following:
a. The state medical examiner or the state medical examiner's designee.
b. A licensed physician who is knowledgeable concerning domestic abuse deaths,
suicide, and child deaths by homicide.
c. A licensed mental health professional who is knowledgeable concerning
domestic abuse.
d. A representative of the Iowa coalition against domestic violence.
e. A certified or licensed professional who is knowledgeable concerning
substance abuse.
f. A law enforcement investigator experienced in domestic abuse
investigation.
g. A prosecuting attorney experienced in prosecuting domestic abuse cases.
h. A clerk of the district court appointed by the chief justice of the supreme
court.
i. A department of correctional services' employee who is assigned batterer's
treatment program responsibilities.
j. A former victim of domestic abuse.
k. A family member of a decedent whose death resulted from domestic abuse.
91.4(2) Vacancies shall be filled in the same manner in which the
original appointments were made. An appointment shall complete the original
member's term.
91.4(3) Three consecutive unexcused absences shall be grounds for the
director to consider dismissal of the team member and to appoint another. The
chairperson of the team is charged with providing notification of absences.
641--91.5(77GA,SF2280) Officers. Officers of the team shall be a
chairperson and a vice chairperson and shall be elected at the first meeting of
each fiscal year unless designated at the time of appointment. Vacancy in the
office of chairperson shall be filled by elevation of the vice chairperson.
Vacancy in the office of vice chairperson shall be filled by election at the
next meeting after the vacancy occurs. The chairperson shall preside at all
meetings of the team, appoint such subcommittees as deemed necessary, and
designate the chairperson of each subcommittee. If the chairperson is absent
or unable to act, the vice chairperson shall perform the duties of the
chairperson. When so acting, the vice chairperson shall have all the powers of
and be subject to all restrictions upon the chairperson. The vice chairperson
shall also perform such other duties as may be assigned by the chairperson.
641--91.6(77GA,SF2280) Meetings. The team shall meet upon the call of
the chairperson, upon the request of a state agency, or as determined by the
team. Robert's Rules of Order shall govern all meetings.
641--91.7(77GA,SF2280) Expenses of team members. The members of the
team are eligible for reimbursement of actual and necessary expenses incurred
in the performance of their official duties.
641--91.8(77GA,SF2280) Team responsibilities. The team shall perform
the following responsibilities.
1. Collect, review, and analyze death certificates and death data, including
investigative reports, medical and counseling records, victim service records,
child abuse reports, or other confidential information concerning domestic
abuse deaths, survivor interviews and surveys, and other information deemed by
the team as necessary and appropriate concerning the causes and manner of
domestic abuse deaths.
2. Prepare an annual report to the governor, supreme court, attorney general,
and the general assembly concerning the contributing factors of domestic abuse
deaths.
3. Recommend community interventions to prevent domestic abuse deaths based on
an analysis of the contributing factors to such deaths.
4. Recommend to the agencies represented on the review team and to other
agencies changes which may prevent domestic abuse deaths.
5. Maintain the confidentiality of any patient records or other confidential
information reviewed.
6. The team may establish subcommittees to which the team may delegate some or
all of the team's responsibilities set out in this rule.
641--91.9(77GA,SF2280) Liaisons. The following individuals shall each
designate a liaison to assist the team in fulfilling its responsibilities.
1. Director of public health.
2. Director of human services.
3. Commissioner of public safety.
4. Director of corrections.
5. Attorney general.
6. Director of education.
7. State court administrator.
641--91.10(77GA,SF2280) Confidentiality and disclosure of information.
The team and liaisons shall maintain the confidentiality of all information and
records used in the review and analysis of domestic abuse deaths, including
disclosure of information which is confidential under Iowa Code chapter 22 or
any other provisions of state law. No information on individual deaths
contained in the records described in this rule shall be disclosed except for
the purposes of the team, committee or subcommittee meeting, and no
confidential information received in preparation for or during the course of
such meeting shall be removed from the meeting room except for further review
as authorized by the team chairperson.
In preparation for review of an individual death by the team or its authorized
committee or subcommittee, the chairperson of the team or the chairperson's
designee is authorized to gather all information pertinent to the review. This
information may include, but is not limited to, hospital rec-ords, physician's
records, school records, day-care records, autopsy records, child abuse
registry, investigation or assessment records, state public assistance records,
traffic records, public safety records, law enforcement records, fire marshal's
records, birth records, death records, and other relevant records necessary to
conduct a complete review.
A person in possession or control of medical, investigative or other
information pertaining to a domestic abuse death and domestic abuse death
review shall allow the inspection and reproduction of the information by the
department upon the request of the department to be used only in the
administration and for the duties of the Iowa domestic abuse death review team.
Information and records which are confidential under Iowa Code section 22.7 and
chapter 235A, and information or records received from the confidential
records, remain confidential under this rule. A person does not incur legal
liability by reason of releasing information to the department as required
under and in compliance with this rule.
641--91.11(77GA,SF2280) Immunity and liability. Review team members
and their agents are immune from any liability, civil or criminal, which might
otherwise be incurred or imposed as a result of any act, omission, proceeding,
decision, or determination undertaken or performed, or recommendation made as a
review team member or agent provided that the review team members or agents
acted in good faith and without malice in carrying out their official duties in
their official capacity. A complainant bears the burden of proof in
establishing malice or lack of good faith in an action brought against review
team members involving the performance of their duties and powers.
These rules are intended to implement 1998 Iowa Acts, Senate File 2280, section
5, subsection 4(10).
ARC 8320A
RACING AND GAMING COMMISSION[491]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 99D.7 and 99F.4, the Iowa
Racing and Gaming Commission hereby gives Notice of Intended Action to amend
Chapter 1, "Organization and Operation," Chapter 3, "Public Records and Fair
Information Practices," Chapter 5, "Applications for Track Licenses and Racing
Dates," Chapter 13, "Occupational and Vendor Licensing," Chapter 20,
"ApplicationProcess for Excursion Boats and Racetrack Enclosure Gaming
License," and Chapter 26, "Rules of the Games," Iowa Administrative Code.
Item 1 allows the use of a satellite terminal, if it results in a debit to a
customer asset account, in nongambling areas of a racing or gaming facility as
approved by the Commission.
Item 2 allows the Commission the ability to share information with the College
Student Aid Commission.
Items 3 and 6 outline what the licensees must include in their requests to the
Commission for additional gaming machines or gaming tables.
Item 4 requires a person to wear a safety vest when exercising a horse on
association grounds.
Item 5 establishes rules for denial of an occupational license upon receipt of
a certificate of noncompliance from the College Student Aid Commission.
Item 7 requires poker proposals for rules, permissible wager, shuffling and
cutting procedures, payout odds and pay tables to be submitted in writing and
approved by the administrator.
Any person may make written suggestions or comments on the proposed amendments
on or before September 30, 1998. Written material should be directed to the
Racing and Gaming Commission, 717 E. Court, Suite B, Des Moines, Iowa 50309.
Persons who wish to convey their views orally should contact the Commission
office at (515)281-7352.
Also, there will be a public hearing on September 30, 1998, at 9 a.m. in the
IMTA auditorium located next to the Racing and Gaming Commission Office, 717 E.
Court, Suite B, Des Moines, Iowa. Persons may present their views at the
public hearing either orally or in writing.
These amendments are intended to implement Iowa Code chapters 99D and 99F.
The following amendments are proposed.
ITEM 1. Amend subrule 1.6(4) by adding a new unnumbered
paragraph to the end as follows:
Satellite terminals, as defined in Iowa Code section 527.2, or any other
devices or arrangements by which cash is dispensed to a licensee's customer
through use of an access device that results in a debit to a customer asset
account shall be located in nongambling areas of the licensee's facility as
approved by the commission.
ITEM 2. Amend subrule 3.11(3) as follows:
3.11(3) Sharing information. Notwithstanding any statutory
confidentiality provision, the agency may share information with the child
support recovery unit and the college student aid commission through
manual or automated means for the sole purpose of identifying licensees or
applicants subject to enforcement under Iowa Code chapter 252J,
261 or 598.
ITEM 3. Amend subrule 5.1(5) by adding a new paragraph
"c" as follows:
c. A licensee seeking an increase in the number of gaming machines at a
racetrack enclosure must obtain prior approval from the commission. In the
request for approval from the commission, a licensee shall demonstrate to the
commission's satisfaction that the additional gaming machines:
(1) Will have a positive economic impact on the community in which the licensee
operates;
(2) Will benefit the residents of Iowa;
(3) Will result in increased distributions to qualified organizations entitled
to distributions under Iowa Code section 99F.6(4)"a";
(4) Are necessary to satisfy overall excess demand in the particular market in
which the licensee is located;
(5) Will result in permanent improvements and land-based development in
Iowa;
(6) Are supported within the broader community in which the licensee
operates;
(7) Will not have a detrimental financial impact on other licensees operating
in the market in which the licensee operates;
(8) Are consistent with legislative intent concerning the definition of
"racetrack enclosure" and the purpose of gambling games at racetrack
enclosures; and
(9) Will benefit the horse or greyhound industries in Iowa.
The various criteria set forth may not have the same importance in each
instance and other factors may present themselves in the consideration of the
increase. The criteria are not listed in any order of priority.
In addition to the foregoing criteria, a licensee requesting additional gaming
machines shall demonstrate to the commission's satisfaction that (1) the
licensee is in compliance with applicable statutes, rules and orders and has
not had any material violation of any statutes, rules or orders in the previous
12 months; and (2) the licensee has taken sufficient steps to address the
social and economic burdens of problem gambling.
ITEM 4. Amend subrule 5.16(21) as follows:
5.16(21) Helmets and vests. The association shall not allow any
person to exercise any horse on association grounds unless that person is
wearing a protective helmet and safety vest of a type approved by the
commission.
ITEM 5. Amend 491--Chapter 13 by adding the following new rule
and renumbering existing rules 491-- 13.13(99D,99F) through
491--13.25(99D) as 491-- 13.14(99D,99F) through
491--13.26(99D):
491--13.13(99D,99F,261) Issuance or renewal of a certificate of
registration--denial. The administrator or commission representative shall
deny the issuance or renewal of a license upon receipt of a certificate of
noncompliance from the college student aid commission according to the
procedures set forth in 1998 Iowa Acts, Senate File 2170, sections 1 to 7. In
addition to the procedures contained in those sections, the following shall
apply.
13.13(1) The notice required by 1998 Iowa Acts, Senate File 2170,
section 6, shall be served by restricted certified mail, return receipt
requested, or by personal service in accordance with the Iowa Rules of Civil
Procedure. Alternatively, the applicant or registrant may accept service
personally or through authorized counsel.
13.13(2) The effective date of the revocation or suspension of a
license, or denial of the issuance or renewal of a license, as specified in the
notice required by 1998 Iowa Acts, Senate File 2170, section 6, shall be 60
days following service of the notice upon the licensee or applicant.
13.13(3) It is the responsibility of the administrator or commission
representative to issue the notice required by 1998 Iowa Acts, Senate File
2170, section 6.
13.13(4) Licensees and license applicants shall keep the agency
informed of all court actions and all college student aid commission actions
taken under or in connection with 1998 Iowa Acts, Senate File 2170, and shall
provide the agency copies, within seven days of filing or issuance, of all
applications filed with the district court pursuant to 1998 Iowa Acts, Senate
File 2170, section 6, all court orders entered in such actions, and withdrawals
of certificates of noncompliance by the college student aid commission.
13.13(5) All commission fees for applications, license renewal or
reinstatement must be paid by licensees or applicants before a license will be
issued, renewed or reinstated after the agency has denied the issuance or
renewal of a license or has suspended or revoked a license pursuant to 1998
Iowa Acts, Senate File 2170.
13.13(6) In the event a licensee or applicant timely files a district
court action following service of a notice pursuant to 1998 Iowa Acts, Senate
File 2170, sections 6 and 7, the commission representative shall continue with
the intended action described in the notice upon the receipt of a court order
lifting the stay, dismissing the action, or otherwise directing the commission
representative to proceed. For purposes of determining the effective date of
revocation or suspension, or denial of the issuance or renewal of a license,
the commission representative shall count the number of days before the action
was filed and the number of days after the action was disposed of by the
court.
13.13(7) The commission representative shall notify the licensee or
license applicant in writing through regular first-class mail, or such other
means as the commission representative deems appropriate in the circumstances,
within ten days of the effective date of the denial of the license, and shall
similarly notify the licensee or applicant when the license is issued or
renewed following the commission representative's receipt of a withdrawal of
the certificate of noncompliance.
ITEM 6. Amend rule 491--20.22(99F) by adding the following new
subrule:
20.22(3) A licensee seeking an increase in the number of gaming tables
or gaming machines on an excursion gambling boat must obtain prior approval
from the commission. In the request for approval, a licensee shall demonstrate
to the commission's satisfaction that the additional gaming tables and gaming
machines:
a. Will have a positive economic impact on the community in which the licensee
operates;
b. Will benefit the residents of Iowa;
c. Will result in increased distributions to qualified organizations entitled
to distributions under Iowa Code section 99F.6(4)"a";
d. Are necessary to satisfy overall excess demand in the particular market in
which the licensee is located;
e. Will result in permanent improvements and land-based development in Iowa;
f. Are supported within the broader community in which the licensee
operates;
g. Will not have a detrimental financial impact on other licensees operating in
the market in which the licensee operates;
h. Are consistent with legislative intent concerning the purpose of excursion
gambling boats; and
i. Will not have a detrimental impact on the horse and greyhound industries in
Iowa.
The various criteria set forth may not have the same importance in each
instance and other factors may present themselves in the consideration of the
increase. The criteria are not listed in any order of priority.
In addition to the foregoing criteria, a licensee requesting additional gaming
tables or gaming machines shall demonstrate to the commission's satisfaction
that (1) the licensee is in compliance with applicable statutes, rules and
orders and has not had any material violation of any statutes, rules or orders
in the previous 12 months; and (2) the licensee has taken sufficient steps to
address the social and economic burdens of problem gambling.
ITEM 7. Amend rule 491--26.19(99F) by adding the following new
subrule:
26.19(5) Operator-funded payouts. Poker games where winning wagers are
paid according to specific payout odds or pay tables are permitted. Proposals
for rules, permissible wagers, shuffling and cutting procedures, payout odds,
and pay tables must be submitted in writing and approved by the administrator
prior to the operator's conducting any game. Changes in rules, wagers, payout
odds, or pay tables must be submitted in writing and approved by the
administrator prior to implementation.
ARC 8308A
REVENUE AND FINANCE DEPARTMENT[701]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 421.14, 422.68, and 423.23, the
Iowa Department of Revenue and Finance hereby gives Notice of Intended Action
to amend Chapter 17, "Exempt Sales," Chapter 18, "Taxable and Exempt Sales
Determined by Method of Transaction or Usage," Chapter 20, "Foods for Human
Consumption, Prescription Drugs, Insulin, Hypodermic Syringes, Diabetic Testing
Materials, Prosthetic, Orthotic or Orthopedic Devices," and Chapter 32,
"Receipts Exempt from Use Tax," Iowa Administrative Code.
The amendments are intended to implement 1998 Iowa Acts, House File 2374, House
File 2513, House File 2541, House File 2560, and Senate File 2288.
The 1998 regular session of the Iowa Legislature enacted a number of changes in
the sales and use tax laws. New exemptions were created for sales to statewide
nonprofit organ procurement organizations and nonprofit hospitals licensed
under Iowa Code chapter 135B. Sales of optional service or warranty contracts
providing computer software maintenance or support were also exempted from tax
either entirely or on 50 percent of gross receipts, depending on circumstances.
The exemptions applicable to sales of aircraft, aircraft parts, and services
performed on aircraft were also expanded. Finally, the definition of
"Manufacturer" in the industrial machinery, equipment, and computer exemption
was expanded to include certain activities of commercial enterprises engaged in
quarrying and mining.
The proposed amendments will not necessitate additional expenditures by
political subdivisions or agencies and entities which contract with political
subdivisions.
The Department has determined that these proposed amendments may have an impact
on small business. The Department has considered the factors listed in Iowa
Code section 17A.31(4). The Department will issue a regulatory flexibility
analysis as provided in Iowa Code sections 17A.31 to 17A.33 if a written
request is filed by delivery or by mailing postmarked no later than September
29, 1998, to the Policy Section, Compliance Division, Iowa Department of
Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines,
Iowa 50306. The request may be made by the Administrative Rules Review
Committee, the Governor, a political subdivision, at least 25 persons who
qualify as a small business under Iowa Code sections 17A.31 to 17A.33, or an
organization of small businesses representing at least 25 persons which is
registered with this agency under Iowa Code sections 17A.31 to 17A.33.
Any interested person may make written suggestions or comments on these
proposed amendments on or before October 9, 1998. Such written comments should
be directed to the Policy Section, Compliance Division, Iowa Department of
Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines,
Iowa 50306.
Persons who want to orally convey their views should contact the Policy
Section, Compliance Division, Iowa Department of Revenue and Finance, at
(515)281-4250 or at the Department of Revenue and Finance offices on the fourth
floor of the Hoover State Office Building.
Requests for a public hearing must be received by October 2, 1998.
These amendments are intended to implement 1998 Iowa Acts, House File 2374,
House File 2513, House File 2541, House File 2560, and Senate File 2288.
The following amendments are proposed.
ITEM 1. Amend 701--Chapter 17 by adding a new rule as
follows:
701--17.30(422,423) Nonprofit organ procurement organizations. On and
after July 1, 1998, the gross receipts from sales of tangible personal property
to, or from services rendered, furnished, or performed for, a statewide,
nonprofit organ procurement organization are exempt from tax.
An "organ procurement organization" is an organization which performs or
coordinates the activities of retrieving, preserving, or transplanting organs,
which maintains a system of locating prospective recipients for available
organs, and which is registered with the United Network for Organ Sharing and
designated by the United States Secretary of Health and Human Services pursuant
to 42 CFR § 485, subpt. D.
This rule is intended to implement Iowa Code section 422.45 as amended by 1998
Iowa Acts, House File 2513.
ITEM 2. Amend rule 701--18.24(422,423) as follows:
Amend the introductory paragraph as follows:
701--18.24(422,423) Hospitals, infirmaries and sanitariums. Hospitals,
infirmaries, sanitariums, and like institutions are engaged primarily in
rendering services. These facilities shall not be subject to tax on their
purchases of items of tangible personal property exempt under 701--Chapter 20
when the items would be exempt if purchased by the individual and if the item
is used substantially for the tax-exempt purpose. See rule 18.59(422,423)
for an exemption applicable to sales of goods and furnishing of services on and
after July 1, 1998, to a nonprofit hospital.
Amend the implementation clause as follows:
This rule is intended to implement Iowa Code chapters 422 and
423 section 422.45 as amended by 1998 Iowa Acts, House File 2513,
and chapter 423.
ITEM 3. Amend rule 701--18.25(422,423) as follows:
Amend subrule 18.25(3) as follows:
18.25(3) Optional warranties. For periods after June 30, 1981.
a. The sale of optional service or warranty contracts which provide for
the furnishing of labor and materials and require the furnishing of any taxable
service enumerated under Iowa Code section 422.43 is considered a sale of
tangible personal property the gross receipts from which are subject to tax at
the time of sale except as described below.
b. On and after July 1, 1995, the sale of a residential service contract
regulated under Iowa Code chapter 523C is not considered to be the sale of
tangible personal property, and gross receipts from the sales of these service
contracts are no longer subject to tax, and the gross receipts from taxable
services performed for the providers of residential service contracts are now
subject to tax. See the examples below for more detailed explanation. A
"residential service contract" is defined in Iowa Code subsection 523C.1(8) to
be: a contract or agreement between a residential customer and a service
company which undertakes, for a predetermined fee and for a specified period of
time, to maintain, repair, or replace all or any part of the structural
components, appliances, or electrical, plumbing, heating, cooling, or
air-conditioning systems of residential property containing not more than four
dwelling units.
EXAMPLE A. John Jones purchases a residential service contract for $3,000 on
July 1, 1994. He pays $150 of Iowa state sales tax. On December 1, 1994, his
furnace malfunctions. The service company which sold Mr. Jones the contract
pays Smith Furnace Repair $700 to fix the furnace. No sales tax is due on the
$700 charge.
EXAMPLE B. Bob Jones purchases a residential service contract for $3,000 on
July 1, 1995. No sales tax is owing or paid. On December 1, 1995, his furnace
becomes inoperable. The service company which sold Mr. Jones the contract pays
Smith Furnace Repair $900 to fix Mr. Jones' furnace. Sales tax of $45 is due
based on the $900.
c. On and after July 1, 1998, if an optional service or warranty contract is
a computer software maintenance or support service contract and the contract
provides for the furnishing of technical support services only and not for the
furnishing of any materials, then no tax is imposed on the furnishing of those
services under this subrule. If a computer software maintenance or support
service contract provides for the performance of nontaxable services and the
taxable transfer of tangible personal property, and no separate fee is stated
for either the performance of the service or the transfer of the property, then
state sales tax of 5 percent shall be imposed on 50 percent of the gross
receipts from the sale of the contract. If a charge for the performance of the
nontaxable service is separately stated, see subrule 18.25(5) below.
Amend the implementation clause as follows:
This rule is intended to implement Iowa Code sections 422.42,
422.43 and 423.2 and Iowa Code Supplement section 422.43 as
amended by 1998 Iowa Acts, Senate File 2288.
ITEM 4. Amend rule 701--18.34(422,423) as follows:
Amend subrule 18.34(2), paragraph "j," as follows:
j. Maintenance contracts. Maintenance contracts sold in connection with the
sale or lease of canned software generally provide that the purchaser will be
entitled to receive storage media on which prewritten program improvements have
been recorded. The maintenance contract may also provide that the purchaser
will be entitled to receive certain services, including error corrections and
telephone or on-site consultation services.
(1) Nonoptional maintenance contract. If the maintenance contract is required
as a condition of the sale or rental of canned software, it will be considered
as part of the sale or rental of the canned software, and the gross sales price
is subject to tax whether or not the charge for the maintenance contract is
separately stated from the charge for software.
(2) Optional maintenance contract contracts prior to July
1, 1998. If the maintenance contract is optional to the purchaser of
canned software, then only the portion of the contract fee representing
improvements delivered on storage media is subject to sales tax if the fee for
other services, including consultation services and error corrections, is
separately stated. If the fee for other services, including consultation
services and error corrections, is not separately stated from the fee for
improvements delivered on storage media, the entire charge for the maintenance
contract is subject to sales tax.
(3) Optional maintenance contracts on and after July 1, 1998. If an
optional software maintenance or support contract provides for technical
support services only, then no tax is imposed on the gross receipts from the
performance of those services. If an optional software maintenance or support
contract separately states the charges which represent improvements delivered
on storage media from charges which represent other services, including
consultation services and error correction, then only that portion of the
contract fee representing improvements delivered on the storage media is
subject to sales tax. If an optional software maintenance or support contract
provides for the taxable transfer of tangible personal property and the
provision of nontaxable services, and there is no separately stated charge for
the taxable transfer of property or for the nontaxable service, then state
sales tax of 5 percent shall be imposed on 50 percent of the gross receipts
from the sale of such contracts. See 701--paragraph 18.25(3)"c" for more
information.
Amend the implementation clause as follows:
This rule is intended to implement Iowa Code sections 422.42,
422.43, 422.45 and 423.2 and Iowa Code Supplement section
422.43 as amended by 1998 Iowa Acts, Senate File 2288.
ITEM 5. Amend rule 701--18.49(422,423) as follows:
701--18.49(422,423) Aircraft sales, rental, component parts, and
services exemption exemptions.
18.49(1) For the purposes of this rule
subrule only, an "aircraft" is any contrivance known or hereafter
invented which is designed for navigation of or flight in the air and is used
in a scheduled interstate Federal Aviation Administration certified air carrier
operation.
18.49(1) a. Exempt aircraft sales. As of July
1, 1988, gross receipts from the sale of any aircraft are exempt from tax. The
limitations on refunds set out in subrule 18.49(5)
paragraph "e" below are not applicable to sales of aircraft occurring
under this rule subrule.
18.49(2) b. Exempt rental of aircraft.
Effective May 1, 1995, and retroactive to July 1, 1988, the taxable rental (see
rule 701--26.74(422,423)) of aircraft, as defined in the introductory paragraph
of this rule subrule, is exempt from tax.
18.49(3) c. Exempt sale or rental of aircraft
parts. Effective May 1, 1995, and retroactive to July 1, 1988, gross receipts
from the sale or rental of any tangible personal property permanently affixed
to any aircraft as a component part of that aircraft are exempt from tax. The
term "component parts" includes, but is not limited to, repair or replacement
parts and materials.
18.49(4) d. Exempt performance of services.
Effective May 1, 1995, and retroactive to July 1, 1988, gross receipts from the
rendering, furnishing, or performing of services in connection with the repair,
remodeling, or maintenance of aircraft (including aircraft engines and
component materials or parts) are exempt from tax.
18.49(5) e. Limitations on retroactivity. For
the retroactive exemption described in subrules 18.49(2), 18.49(3), and
18.49(4) paragraphs "b," "c," and "d" of this subrule, refunds
of tax, interest, or penalty are applicable to transactions occurring between
July 1, 1988, and June 30, 1995, and will not be paid unless a claim for refund
is filed prior to October 1, 1995. For the period ending June 30, 1995,
refunds are limited to $25,000 in the aggregate. If the amount of claims
totals more than $25,000 in the aggregate, the department will prorate the
$25,000 among all claimants in relation to the amount of a valid claim in
relation to the total amount of all valid claims.
18.49(2) For the purposes of this subrule only, an "aircraft"
is any aircraft used in a nonscheduled interstate Federal Aviation
Administration certified air carrier operation conducted under 14 CFR ch. 1,
pt. 135. On and after July 1, 1998, the gross receipts from the sale or rental
of tangible personal property permanently affixed or permanently attached as a
component part of any aircraft, including but not limited to repair or
replacement materials or parts, are exempt from tax. Also exempt, on and after
that date, are the gross receipts from the performance of any service used for
aircraft repair, remodeling, or maintenance when the service is performed on an
aircraft, aircraft engine, or aircraft component material or part. Gross
receipts from the sale or rental of any aircraft are not exempt from tax under
this subrule.
18.49(3) For the purposes of this subrule only, an "aircraft"
is any contrivance known or hereafter invented which is designed for navigation
of or flight in the air. On and after July 1, 1998, the gross receipts from
the sale of an aircraft to an aircraft dealer who rents or leases the aircraft
to another are exempt from tax if all of the following circumstances
exist:
a. The aircraft is kept in the inventory of the dealer for sale at all
times.
b. The dealer reserves the right to immediately take the aircraft from the
renter or lessee when a buyer is found.
c. The renter or lessee is aware that the dealer will immediately take the
aircraft when a buyer is found.
As soon as an aircraft, the sale of which is exempt under this subrule, is
used for any purpose other than leasing or renting, or the conditions set out
in paragraphs "a," "b," and "c" are not continuously met, the dealer claiming
the exemption is liable for the tax which would have been due but for the
exemption set out in this subrule. Tax will be computed on the original
purchase price paid by the dealer.
This rule is intended to implement Iowa Code section 422.45, subsections 38
and 38A, and Iowa Code Supplement section 422.45 as amended by 1998 Iowa Acts,
House File 2560.
ITEM 6. Amend subrule 18.58(1), definition of "Manu-facturer," as
follows:
"Manufacturer" means any person, firm, or corporation that purchases, receives,
or holds personal property for the purpose of adding to its value by any
process of manufacturing, refining, purifying, combining of different
materials, or by packing of meats with an intent to sell at a gain or profit.
Those who are in the business of printing, newspaper publication, bookbinding,
lumber milling, and production of drugs and agricultural supplies are
illustrative, nonexclusive examples of manufacturers. Construction
contracting; quarrying; remanufacture or rebuilding of
tangible personal property (such as automobile engines); provision of health
care; farming; transportation for hire; mining; and the
activities of restaurateurs, hospitals, medical doctors, and those who merely
process data are illustrative, nonexclusive examples of businesses which are
not manufacturers. See associated General Contractors of Iowa v. State Tax
Commission, 255 Iowa 673, 123 N.W.2d 922 (1963) and River Products Co. v. Board
of Review of Washington County, 332 N.W.2d 116 (Iowa Ct. App. 1982). The term
"manufacturer" includes a contract manufacturer. Ordinarily, the word does
not include those commercial enterprises engaged in quarrying or mining.
However, effective July 1, 1998, a commercial enterprise, the principal
business of which is quarrying or mining, is a manufacturer with respect to
activities in which it engages subsequent to quarrying or mining. These
subsequent activities include, by way of nonexclusive example, crushing,
washing, sizing, and blending of aggregate materials.
EXAMPLE: Company A owns and operates a gravel pit. It sells the gravel
extracted from the pit to others who use the gravel for surfacing roads and as
an ingredient in concrete manufacture. Company A removes overlay and raw
gravel from the pit. It then transports the gravel to a plant where washing
and sizing of the gravel take place. Company A is a manufacturer, but only
with respect to those activities which occur after it severs the gravel from
the ground.
ITEM 7. Amend 701--Chapter 18 by adding the following new
rule:
701--18.59(422,423) Exempt sales to nonprofit hospitals. On and after
July 1, 1998, the gross receipts from sales or rentals of tangible personal
property to and from the rendering, furnishing, or performing of services for a
nonprofit hospital licensed under Iowa Code chapter 135B are exempt from tax if
the property or service purchased is used in the operation of the hospital. A
hospital is not entitled to claim a refund for tax paid by a contractor on the
sale or use of tangible personal property or the performance of services in the
fulfillment of a written construction contract with the hospital.
For the purposes of this rule, the word "hospital" means a place which is
devoted primarily to the maintenance and operation of facilities for diagnosis,
treatment, or care, over a period exceeding 24 hours, of two or more nonrelated
individuals suffering from illness, injury, or a medical condition (such as
pregnancy). The word "hospital" includes general hospitals, specialized
hospitals (e.g., pediatric, mental, and orthopedic hospitals, and cancer
treatment centers), sanatoriums, and other hospitals licensed under Iowa Code
chapter 135B. Also included are institutions, places, buildings, or agencies
in which any accommodation is primarily maintained, furnished, or offered for
the care, over a period exceeding 24 hours, of two or more nonrelated aged or
infirm persons requiring or receiving chronic or convalescent care. Excluded
from the meaning of the term "hospital" are institutions for well children; day
nursery and child care centers; foster boarding homes and houses; homes for
handicapped children; homes, houses, or institutions for aged persons which
limit their function to providing food, lodging, and provide no medical or
nursing care, and house no bedridden person; dispensaries or first-aid stations
maintained for the care of employees, students, customers, members of any
commercial or industrial plan, educational institution, or convent;
freestanding hospice facilities which operate a hospice program in accordance
with 42 CFR § 418 and freestanding clinics which do not provide diagnosis,
treatment, or care for periods exceeding 24 hours. This list of inclusions and
exclusions is not exclusive. For additional information see 481--Chapter
51.
This rule is intended to implement Iowa Code section 422.45 as amended by 1998
Iowa Acts, House File 2513.
ITEM 8. Amend subrule 20.7(1), paragraph "c," first Example A,
to read as follows:
EXAMPLE A: Hospital X purchases a new type of device which scans the inside of
the human body to uncover diseased organs. The device can be used only on the
order of a practitioner. The device is prescribed, but since, by its very
nature, the device cannot be dispensed to an ultimate user, its sale is not
exempt from tax. However, see rule 701--18.59(422,423) for a description of
an exemption applicable to all purchases made on or after July 1, 1998, by
nonprofit hospitals licensed under Iowa Code chapter 135B.
ITEM 9. Amend subrule 20.7(5), introductory paragraph, to read as follows:
20.7(5) Prescription drugs and devices purchased by hospitals
for resale. Hospitals have purchased prescription drugs or devices for
resale to patients and not for use or consumption in providing hospital
services only if the following circumstances exist: (1) the drug or device is
actually transferred to the patient; (2) the drug or device is transferred in a
form or quantity capable of a fixed or definite price value; (3) the hospital
and the patient intend the transfer to be a sale; and (4) the sale is evidenced
in the patient's bill by a separate charge for the identifiable drug or device.
See rule 701-- 18.31(422,423) for a discussion generally of sales for resale by
persons performing a service. Also see rule 701-- 18.59(422,423) for an
exemption applicable to all purchases of goods and services purchased on or
after July 1, 1998, by a nonprofit hospital licensed under Iowa Code chapter
135B.
ITEM 10. Amend rule 701--32.4(423) as follows:
Add the following new paragraphs after the first unnumbered
paragraph:
For assessments issued pursuant to this rule on and after July 1, 1998, if a
vehicle meets the requirement that 25 percent of the miles operated accrue in
states other than Iowa in each year of the first four-year period of operation,
the exemption from use tax shall continue until the vehicle is sold or
transferred. If a vehicle is found not to have met the exemption requirements
of this paragraph in its first four years of operation, or the exemption was
revoked, the value of the vehicle upon which use tax shall be imposed is the
book or market value, whichever is less, at the time the exemption requirements
first were not met or at the time the exemption was revoked. However, if
exemption from use tax is claimed for a vehicle under this paragraph and that
vehicle is, subsequently, never used in an exempt fashion, then the purchase
price of the vehicle is the value upon which any assessed tax shall be
computed.
EXAMPLE: Company A purchases a vehicle stating that its future use will be in
interstate commerce; 25 percent of its miles traveled accrue outside the state
of Iowa. In fact, the vehicle is never driven outside the state of Iowa. Use
tax is computed on the purchase price of the vehicle paid by Company A.
Amend the implementation clause as follows:
This rule is intended to implement Iowa Code section 423.4(10) as amended by
1998 Iowa Acts, House File 2541.
ARC 8309A
REVENUE AND FINANCE DEPARTMENT[701]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 421.17, 422.53, and 422.68, the
Iowa Department of Revenue and Finance hereby gives Notice of Intended Action
to adopt Chapter 108, "Local Option School Infrastructure Sales and Service
Tax," Iowa Administrative Code.
The purpose of this new chapter is to implement 1998 Iowa Acts, House File
2282, which authorizes a county or a school district to impose a local option
sales and service tax of up to 1 percent solely for school infrastructure
needs.
The proposed rules will not necessitate additional expenditures by political
subdivisions or agencies and entities which contract with political
subdivisions.
The Department has determined that these proposed rules may have an impact on
small business. The Department has considered the factors listed in Iowa Code
section 17A.31(4). The Department will issue a regulatory flexibility analysis
as provided in Iowa Code sections 17A.31 to 17A.33 if a written request is
filed by delivery or by mailing postmarked no later than September 29, 1998, to
the Policy Section, Compliance Division, Iowa Department of Revenue and
Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306.
The request may be made by the Administrative Rules Review Committee, the
Governor, a political subdivision, at least 25 persons who qualify as a small
business under Iowa Code sections 17A.31 to 17A.33, or an organization of small
businesses representing at least 25 persons which is registered with this
agency under Iowa Code sections 17A.31 to 17A.33.
Any interested person may make written suggestions or comments on these
proposed rules on or before October 9, 1998. Such written comments should be
directed to the Policy Section, Compliance Division, Iowa Department of Revenue
and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa
50306.
Persons who want to orally convey their views should contact the Policy
Section, Compliance Division, Iowa Department of Revenue and Finance, at
(515)281-4250 or at the Department of Revenue and Finance offices on the fourth
floor of the Hoover State Office Building.
Requests for a public hearing must be received by October 2, 1998.
These rules are intended to implement 1998 Iowa Acts, House File 2282.
The following new chapter is proposed.
CHAPTER 108
LOCAL OPTION SCHOOL INFRASTRUCTURE
SALES AND SERVICE TAX
701--108.1(77GA,HF2282) Definitions. The following words and terms are
used in the administration of the local option school infrastructure sales and
service tax:
"County" means an involuntary political or civil division of the state, created
by general statute, to aid in the administration of government and is simply a
governmental auxiliary. Shirkey v. Keokuk County, 275 N.W. 706, 712, 225 Iowa
1159 (1938). A county is generally known to include a designated geographic
area which may comprise municipalities, cities, or towns.
"Department" means the Iowa department of revenue and finance.
"Director" means the director of the Iowa department of revenue and finance.
"Sale" means the same as defined in 701--107.1(422B).
"School district" means a school corporation that has exclusive jurisdiction in
all school matters over a designated geographic area. See Iowa Code section
274.1.
"School infrastructure" means those activities for which a school district is
authorized to contract indebtedness and issue general obligation bonds under
Iowa Code section 296.1. Qualifying activities include construction,
reconstruction, repair, purchasing, or remodeling of schoolhouses, stadiums,
gyms, fieldhouses, or bus garages. School infrastructure activities also
include the procurement of schoolhouse construction sites and making site
improvements. Additional qualifying activities include the payment or
retirement of outstanding bonds previously issued for school infrastructure
purposes as defined in this rule and the payment or retirement of such
bonds.
However, "school infrastructure" does not include activities related to a
teacher's or superintendent's home or homes.
This rule is intended to implement 1998 Iowa Acts, House File 2282.
701--108.2(77GA,HF2282) Authorization, rate of tax, imposition, use of
revenues, and administration.
108.2(1) Authorization and imposition. Effective April 20, 1998, a
local option school infrastructure sales and service tax will only be imposed
after an election in which a majority of those voting on the question favors
the imposition of the tax. A local option school tax that has been approved by
an election will be applied to all incorporated and unincorporated areas of
that county. A request for the local option school tax may be made either by
the county or a school district which contains at least 50 percent of the
county population in which it is located. Each type of request has specific
requirements for proposing the tax under this chapter. The requirements are
set forth as follows:
a. Imposition by county. A petition must be submitted to a county board of
supervisors requesting imposition of a local school infrastructure sales and
service tax. To qualify, the petition must be signed by eligible voters of the
whole county in a number equal to 5 percent of the persons in the whole county
who voted in the last preceding state general election. Within 30 days of
receiving the petition, the county board of supervisors must inform the county
commissioner of elections to submit the question of imposing the tax to the
registered voters of the whole county.
b. Imposition by school district. A motion or motions requesting the question
of imposing a local option school infrastructure sales and service tax may be
proposed and adopted by the governing body of a school district or school
districts located within a county. To qualify for imposing this tax, a school
district located within a county must contain a total, or a combined total in
the case of more than one school district, of at least 50 percent of the
population of the county. Upon adoption of the motion, the governing body of a
school district must notify the county board of supervisors of the adoption of
the motion. A motion is no longer valid at the time of the regular election of
members of the governing body which adopted the motion. The county board of
supervisors must then submit the motion to the county commissioner of
elections, who will publish the notice of the ballot proposition regarding the
local option school infrastructure sales and service tax.
108.2(2) Ballot proposition--procedure for imposition of the tax
whether by county or the school district. A county commissioner for elections
must submit the question for imposing the tax under this chapter at a state
general election or a special election held at any time other than the time of
a city regular election. The election cannot be sooner than 60 days after
publication of the notice of the ballot proposition. The ballot proposition
must be in the form established by the state commissioner of elections. For
additional information regarding the form and content of the ballot
proposition, see 721--21.803(77GA,HF2282).
108.2(3) Tax rate, election, and repeal. The maximum rate of tax
imposed under this rule shall be 1 percent. The tax shall be imposed without
regard to any other local sales and service tax authorized under the Iowa Code.
The rate of tax may be increased up to 1 percent, decreased, or repealed after
an election in which a majority of those voting are in favor of the question of
rate change or repeal of the tax. However, the tax cannot be repealed before
the tax has been in effect for one year.
The election for a change in the tax rate or repeal of the tax may be called
and held under the same conditions as previously set forth for the election
imposing the tax. The election may be held not sooner than 60 days following
the publication of the notice of the ballot proposition.
Local option school infrastructure sales and service tax is automatically
repealed at the expiration of ten years from the date of imposition or a
shorter period provided in the ballot proposition.
A local option school infrastructure sales and service tax cannot be repealed
or reduced in rate if bond obligations are outstanding unless sufficient funds
to pay the principal, interest, and premium, if any, on the outstanding
obligation at and prior to maturity have been properly set aside and pledged
for that purpose.
108.2(4) Use of revenues. Local option sales and service tax revenues
received under this chapter shall be used for infrastructure purposes as
defined in rule 701--108.1(77GA, HF2282). In addition, certain cities may
obtain revenues from the local option school tax. A school district in a
county that has imposed this tax may enter into an Iowa Code chapter 28E
agreement with a city or cities whose boundaries encompass all or a part of the
school district, then the city may receive a portion of the revenues from this
tax as determined by the 28E agreement. A city may utilize revenues from this
tax for school infrastructure purposes or any valid purposes authorized by the
governing board of the city.
108.2(5) Notice of election results. The county board of supervisors
must give written notice by certified mail to the director of the results of an
election in which a majority of those voting on the question favors the
imposition, repeal, or change in the rate of the tax, within ten days of the
date of the election.
108.2(6) Administration of the tax. The local option school
infrastructure sales and service tax is to be imposed on the gross receipts of
sales of tangible personal property sold within the local option jurisdiction
and upon the gross receipts from services rendered, furnished, or performed
within the local option jurisdiction. This tax may only be imposed by a county
in the manner set forth previously in this rule. The tax may not be imposed on
any transaction not subject to state sales tax. For further details, see 701--
108.5(77GA,HF2282). There is no local option use tax. See rule
701--14.2(422,423) for a tax table setting forth the combined rate for a state
sales tax of 5 percent and the local sales tax rate of 1 percent. Frequency of
deposits and quarterly reports of local option tax filed with the department of
revenue and finance are governed by the retail sales tax provisions found in
Iowa Code section 422.52. Local option tax collections shall not be included
in the computation of the total tax to determine the frequency of the filing
under Iowa Code section 422.52.
A local option school infrastructure tax cannot be imposed until 40 days after
there has been a favorable election to impose the tax. All local option school
infrastructure tax must be imposed either January 1, April 1, July 1, or
October 1. The tax can be repealed only on March 31, June 30, September 30, or
December 31. However, this tax must not be repealed before the tax has been in
effect for one year.
This rule is intended to implement 1998 Iowa Acts, House File 2282, sections 1
and 2.
701--108.3(77GA,HF2282) Collection of the tax. After a majority vote
favoring the imposition of the tax under this chapter, the county board of
supervisors shall impose the tax at the rate specified and for a duration not
to exceed ten years or less as specified on the ballot. To determine the
amount of tax to be imposed on a sale, the taxable amount must not include any
state gross receipts taxes or any other local option taxes. A retailer need
only have a state tax permit to collect the local option sales and service tax
under this chapter. This tax is to be imposed and collected in the following
manner:
1. Sale of tangible personal property. This local option sales and service tax
is imposed on the gross receipts from "sales" of tangible personal property in
which delivery occurs within a jurisdiction imposing the tax. Department rule
701--107.3(422B), which governs transactions subject to and excluded from local
option sales tax, is applicable to and governs transactions subject to tax
under this chapter as well. As a result, the text of 701--107.3(422B) is
incorporated by reference into this chapter.
2. The sale of enumerated services. Department rules 701--107.4(422B),
701--107.5(422B), and 701-- 107.6(422B), which govern transactions subject to
and excluded from local option service tax, single contracts for taxable
services performed partly within and partly outside of an area of a county
imposing the local option service tax, and motor vehicle, recreational vehicle,
and recreational boat rentals subject to local option service tax,
respectively, are applicable to and govern transactions subject to tax under
this chapter. As a result, the text of 701--107.4(422B), 701--107.5(422B), and
701--107.6(422B) is incorporated by reference into this chapter.
This rule is intended to implement 1998 Iowa Acts, House File 2282, section
3.
701--108.4(77GA,HF2282) Similarities to the local option sales and service
tax imposed in Iowa Code chapter 422B and 701--Chapter 107. The
administration of the tax imposed under this chapter is similar to the local
option tax imposed under Iowa Code chapter 422B and 701--Chapter 107. As a
result, a few of the rules set forth in 701--Chapter 107 are also applicable
and govern the local option sales and service school infrastructure tax as
well. Accordingly, the following rules are incorporated by reference into this
chapter and will govern their respective topics in relation to the local option
sales and school infrastructure tax:
1. 701--107.7(422B) Special rules regarding utility payments.
2. 701--107.8(422B) Contacts with county necessary to impose collection
obligation upon a retailer.
3. 701--107.12(422B) Computation of local option tax due from mixed sales on
excursion boats.
4. 701--107.13(421,422B) Officers and partners, personal liability for unpaid
tax.
This rule is intended to implement 1998 Iowa Acts, House File 2282.
701--108.5(77GA,HF2282) Sales not subject to local option tax, including
transactions subject to Iowa use tax. The local option sales and service
tax for school infrastructure is imposed upon the same basis as the Iowa state
sales and service tax. However, like the local option sales and service tax
set forth in Iowa Code chapter 422B and department rule 701--107.9(422B), there
are sales and services that are subject to Iowa state sales tax, but such sales
or services are not subject to local option sales and service tax. Department
rule 701--107.9(422B), which governs the sales not subject to local option
sales and service tax pursuant to Iowa Code section 422B.8, is incorporated by
reference into this chapter and will govern the local option sales and service
tax for school infrastructure tax with the following exception:
The gross receipts from the sale of natural gas or electricity in a city or
county which are subject to a franchise or user fee are not exempt from the
local option school infrastructure sales and service tax.
This rule is intended to implement 1998 Iowa Acts, House File 2282, section
3.
701--108.6(77GA,HF2282) Deposits of receipts. The director of revenue
and finance shall credit tax receipts, interest, and penalties from the tax
under this chapter. If the director is unable to determine from which county
any of the receipts from this tax were collected, those receipts shall be
allocated among the possible counties based on the allocation rules set forth
in 701--107.11(422B).
This rule is intended to implement 1998 Iowa Acts, House File 2282, section
3.
701--108.7(77GA,HF2282) Local option school infrastructure tax payments to
school districts. The director of revenue and finance within 15 days of
the beginning of each fiscal year shall send to each school district where the
local option school infrastructure tax is imposed, an estimate of the tax
moneys each school district will receive for the year and for each month of the
year. At the end of each month, the director may revise the estimates for the
year and remaining months. The director shall remit 95 percent of the
estimated monthly tax receipts for the school district to the school district
on or before August 31 of the fiscal year and the last day of each month
thereafter. The director shall remit a final payment of the remainder of tax
money due for the fiscal year before November 10 of the next fiscal year. If
an overpayment has resulted during the previous fiscal year, the first payment
of the new fiscal year shall be adjusted to reflect any overpayment.
If more than one school district or a portion of a school district is located
within the county, tax receipts shall be remitted to each school district or
portion of a school district in which the county tax is imposed in a pro-rata
share based upon the ratio which the percentage of actual enrollment for the
school district that attends school in the county bears to the percentage of
the total combined actual enrollments for all school districts that attend
school in the county. A student's enrollment is based on the residency of the
student. The formula to compute this ratio would be the following:
actual
enrollment for the school district at issue
|
actual
combined enrollment for the county
|
The combined actual enrollment for the county, for purposes of this tax, shall
be determined for each county imposing the tax under this rule by the Iowa
department of management based on the actual enrollment figures reported by
October 1 of each year to the department of management by the department of
education pursuant to Iowa Code section 257.6(1). Enrollment figures to be
used for the purpose of this formula are the enrollment figures reported by the
department of education for the year preceding the favorable vote by a county
to implement the local option school infrastructure sales and service tax.
EXAMPLE: In November of 1998, Polk County holds a valid election that results
in a favorable vote to impose the local option school infrastructure tax. To
determine the proper ratio of funds to be distributed to the multiple school
districts located in Polk County, the enrollment figures reported by the
department of education to the department of management by October of 1997 must
be obtained to compute the formula as set forth.
For additional information regarding the formula for tax revenues to be
distributed to the school districts, see the department of education's rules
regarding this tax under 281-- Chapter 96, Iowa Administrative Code.
This rule is intended to implement 1998 Iowa Acts, House File 2282, section
3.
NOTICE--USURY
In accordance with the provisions of Iowa Code section 535.2, subsection 3,
paragraph "a," the Superintendent of Banking has determined that the maximum
lawful rate of interest shall be:
August 1, 1997 -- August 31, 1997 8.50%
September 1, 1997 -- September 30, 1997 8.25%
October 1, 1997 -- October 31, 1997 8.25%
November 1, 1997 -- November 30, 1997 8.25%
December 1, 1997 -- December 31, 1997 8.00%
January 1, 1998 -- January 31, 1998 8.00%
February 1, 1998 -- February 28, 1998 7.75%
March 1, 1998 -- March 31, 1998 7.50%
April 1, 1998 -- April 30, 1998 7.50%
May 1, 1998 -- May 31, 1998 7.75%
June 1, 1998 -- June 30, 1998 7.75%
July 1, 1998 -- July 31, 1998 7.75%
August 1, 1998 -- August 31, 1998 7.50%
September 1, 1998 -- September 30, 1998 7.50%
ARC 8316A
VETERINARY MEDICINE BOARD[811]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or
association of 25 or more persons may demand an oral presentation hereon as
provided in Iowa Code section 17A.4(1)"b."
Notice is also given
to the public that the Administrative Rules Review Committee may, on its own
motion or on written request by any individual or group, review this proposed
action under section 17A.8(6) at a regular or special meeting where the public
or interested persons may be heard.
Pursuant to the authority of Iowa Code section 169.5, the Iowa Board of
Veterinary Medicine hereby gives Notice of Intended Action to amend Chapter 5,
"Public Records and Fair Information Practices," Chapter 6, "Application for
Licensure," Chapter 7, "Examinations," Chapter 9, "Temporary Permits," and
Chapter 10, "Discipline," Iowa Administrative Code.
These amendments remove references to the State Board Examination as a
requirement for licensure, rescind the fee for taking the examination,
establish a fee for licensure in lieu of the examination fee, and implement
1998 Iowa Acts, Senate File 2170.
The Board of Veterinary Medicine unanimously agreed, during a telephone
conference on May 20, 1998, to discontinue the State Board Examination as a
requirement for Veterinary licensure in Iowa. 1998 Iowa Acts, Senate File
2170, effective July 1, 1998, mandates the references to the College Student
Aid Commission.
Any interested person may make written suggestions or comments on or before
September 29, 1998. Such written material or comments shall be directed to Dr.
Walter D. Felker, State Veterinarian, Wallace State Office Building, Des
Moines, Iowa 50319.
These amendments are intended to implement Iowa Code chapter 169 and Iowa Code
chapter 261 as amended by 1998 Iowa Acts, Senate File 2170.
The following amendments are proposed.
ITEM 1. Adopt new rule 811--5.18(17A,22,169,261) as follows:
811--5.18(17A,22,169,261) Release of information to the college student aid
commission. Notwithstanding any statutory confidentiality provisions, the
board may share information with the college student aid commission for the
sole purpose of identifying applicants or registrants subject to enforcement
under Iowa Code chapter 261.
ITEM 2. Amend subrule 6.1(1) as follows:
6.1(1) Application to take examination. Any person desiring to take
the National Board Examination (NBE), or the Clinical
Competency Test, or the state board examination for a license
to practice veterinary medicine shall make application 60 days before the date
set for the examination to: Bureau of Animal Industry, Board of Veterinary
Medicine, Iowa Department of Agriculture and Land Stewardship, Wallace State
Office Building, East 9th and Grand Avenue, Des Moines, Iowa 50319 on forms to
be provided by the board. The application form shall be completely filled out.
The completed application shall include two current passport size and quality
photographs of the applicant. Incomplete applications shall be returned to the
applicant along with the tendered fee and a written statement setting forth the
reasons for such rejections.
The application shall be accompanied by satisfactory evidence of having
graduated from an accredited or approved school of veterinary medicine.
However, applications for either the NBE or CCT may be accepted without
evidence of graduation if the applicant provides satisfactory evidence that the
applicant is expected to graduate within six months of the date of the
examination. Applications for the state board examination may be
accepted without evidence of graduation if the applicant provides satisfactory
evidence that the applicant is expected to graduate within 60 days of the date
of the examination.
Applications to take the NBE or CCT will not be accepted from any person who
has previously taken and passed that examination in any jurisdiction, except on
case-by-case petition to the board for good cause shown or other order of the
board. In addition, applications to take the NBE or CCT will not be
accepted from any person who does not apply to take the state board examination
or who has not previously passed the state board examination, unless the
applicant provides evidence of expected graduation within six months of the
examination, or as provided in rule 6.4(169).
ITEM 3. Amend subrule 6.1(2) as follows:
6.1(2) License requirements. An application to take the state
board examination is deemed to be an application for licensure in this
state. Prior to the issuance of a license, the applicant shall:
a. Successfully complete the NBE and CCT as provided in rule 811--7.1(169);
b. Successfully complete the state board examination; Remit
the proper application fee for licensure;
c. to e. No change.
f. Submit evidence of having completed at least an average of 20 hours of
approved continuing education for each year of the previous three years.
Upon payment of the prorated triennial license fee, a license issued
upon completion of these requirements is valid through June 30 of the next
triennium year.
ITEM 4. Amend the fee schedule in rule 811--6.2(169) by striking the
entry which reads "State board examination...$50" and inserting
"License--application fee...$50".
ITEM 5. Amend rule 811--6.4(169), second paragraph, as follows:
Graduates of foreign schools which are not AVMA-Approved but are AVMA-Listed
will not be considered for licensing or allowed to take the state board
examination for licensure until they have received the certificate
granted by the Educational Commission for Foreign Veterinary Gradu-ates.
However, an application to take the state board examination may be
accepted prior to the issuance of the certificate if the applicant provides
satisfactory evidence that the applicant is completing the ECFVG program and is
expected to complete the ECFVG program within 60 days of the date of the
examination. A letter from the supervisor of the applicant's ECFVG program
will be considered satisfactory evidence. A license will not be
issued to an applicant who passes the state board examination
until the applicant submits a copy of the applicant's ECFVG certificate.
ITEM 6. Amend subrule 6.5(1), introductory paragraph, as follows:
6.5(1) A license by endorsement may be granted by the board pursuant to
either Iowa Code section 169.10(1) or 169.10(2). An applicant shall make
application for a license by endorsement on a form provided by the board. The
application fee and triennial license fee shall accompany the
application, as well as the fee for the state board examination for
those persons applying under section 169.10(1). In addition to the
information specified in section 169.10, the applicant shall supply all of the
following:
ITEM 7. Amend subrule 6.5(2) as follows:
6.5(2) If the non-Iowa license of an applicant under Iowa Code section
169.10(1) was issued after January 1, 1965, the applicant shall have
successfully completed the NBE. If the applicant's non-Iowa license was issued
after January 1, 1980, the applicant shall have successfully completed the NBE
and CCT according to rule 811--7.1(169). The board, on a case-by-case
basis, may require an applicant to successfully complete the state board
examination.
ITEM 8. Amend subrule 6.6(1) by rescinding and reserving paragraph
"b."
ITEM 9. Adopt new rule 811--6.8(169,261) as follows:
811--6.8(169,261) Issuance or renewal of a license to practice veterinary
medicine--denial. The board shall deny the issuance or renewal of a
license to practice veterinary medicine upon receipt of a certificate of
noncompliance from the college student aid commission according to the
procedures set forth in 1998 Iowa Acts, Senate File 2170. In addition to the
procedures contained therein, the following shall apply.
6.8(1) The notice required by 1998 Iowa Acts, Senate File 2170, section
6, shall be served by restricted certified mail, return receipt requested, or
by personal service in accordance with the Iowa Rules of Civil Procedure.
Alternatively, the applicant may accept service personally or through
authorized counsel.
6.8(2) The effective date of the denial of the issuance of the license
or renewal of a license, as specified in the notice required by 1998 Iowa Acts,
Senate File 2170, section 6, shall be 60 days following service of the notice
upon the applicant.
6.8(3) The board's executive secretary is authorized to prepare and
serve the notice required by 1998 Iowa Acts, Senate File 2170, section 6, upon
the applicant.
6.8(4) Applicants shall keep the board informed of all court actions
and all college student aid commission actions taken under or in connection
with Iowa Code chapter 261 and shall provide the board copies, within seven
days of filing or issuance, of all applications filed with the district court
pursuant to 1998 Iowa Acts, Senate File 2170, section 7, all court orders
entered in such actions, and withdrawals of certificates of noncompliance by
the college student aid commission.
6.8(5) All board fees required for application or renewal must be paid
by applicants and all continuing education requirements must be met before a
license will be issued, renewed, or reinstated after the board has denied the
issuance or renewal of a license pursuant to Iowa Code chapter 261.
6.8(6) In the event an applicant timely files a district court action
following service of a board notice pursuant to 1998 Iowa Acts, Senate File
2170, sections 6 and 7, the board shall continue with the intended action
described in the notice upon the receipt of a court order lifting the stay,
dismissing the action, or otherwise directing the board to proceed. For
purposes of determining the effective date of the denial of the issuance or
renewal of a license, the board shall count the number of days before the court
action was disposed of by the court.
6.8(7) The board shall notify the applicant in writing through regular
first-class mail, or such other means as the board deems appropriate in the
circumstances, within ten days of the effective date of the denial of the
issuance or renewal of a license and shall similarly notify the applicant when
the license is issued or renewed following the board's receipt of a withdrawal
of the certificate of noncompliance.
ITEM 10. Amend rule 811--7.1(169), introductory paragraph, as
follows:
811--7.1(169) Examination procedure. In order to successfully complete
the National Board Examination, an applicant shall achieve a minimum converted
score of 70. In addition, in order to successfully complete the CCT, the
applicant shall obtain a minimum converted score of 75. The state
board examination shall be prepared, given, and judged by the professional
members of the Iowa Board. The National Board Examination and the CCT
are prepared by the Professional Examination Service for use by the state board
of veterinary examiners.
ITEM 11. Amend subrule 7.1(1) as follows:
7.1(1) The state and national board examinations shall be given
in conjunction with each other. Examinations shall be given in April
and December each year. The dates for the examination shall be those set by
the National Board Examination Committee. Examinations shall be held at a site
to be determined by the board at least 30 days before the date of the
examination.
ITEM 12. Rescind and reserve subrule 9.1(1).
ITEM 13. Amend subrule 9.1(2) by rescinding and reserving paragraph
"b."
ITEM 14. Amend subrule 9.2(4) as follows:
9.2(4) The temporary permit fee and the application fee shall accompany
the application. An applicant under subrule 9.1(1) who has not
previously made application for full licensure shall submit that application
and the appropriate fees with the application for the temporary
permit.
ITEM 15. Amend rule 811--9.3(169) as follows:
811--9.3(169) Supervision. Permit holders under
either subrule 9.1(1) or 9.1(2) shall
establish and maintain an association with a person currently holding an Iowa
license in good standing. The association may be either as an employee,
employer, or formal partnership. The licensed veterinarian shall be in a
position to regularly observe the activities of the permit holder. The permit
holder shall provide accurate and current information to the board as to this
association in order to maintain the temporary permit.
ITEM 16. Amend rule 811--10.1(169,258A) as follows:
811--10.1(169,258A,261) General. The board has authority to
impose discipline for any violation of Iowa Code chapters 169
and, 258A, and 261 or the rules promulgated
thereunder.
ITEM 17. Adopt new subrule 10.4(24) as follows:
10.4(24) The board shall suspend or revoke a license to practice
veterinary medicine upon receipt of a certificate of noncompliance from the
college student aid commission according to the procedures set forth in 1998
Iowa Acts, Senate File 2170. In addition to the procedures contained therein,
the following shall apply.
a. The notice required by 1998 Iowa Acts, Senate File 2170, section 6, shall be
served by restricted certified mail, return receipt requested, or by personal
service in accordance with the Iowa Rules of Civil Procedure. Alternatively,
the applicant may accept service personally or through authorized counsel.
b. The effective date of revocation or suspension of a license, as specified in
the notice required by 1998 Iowa Acts, Senate File 2170, section 6, shall be 60
days following service of the notice upon the applicant.
c. The board's executive secretary is authorized to prepare and serve
the notice required by 1998 Iowa Acts, Senate File 2170, section 6, and is
directed to notify the licensee that the license will be suspended, unless the
license is already suspended on other grounds. In the event a license is on
suspension, the executive secretary shall notify the licensee of the board's
intention to revoke the license.
d. Licensees shall keep the board informed of all court actions and all college
student aid commission actions taken under or in connection with Iowa Code
chapter 261 and shall provide the board copies, within seven days of filing or
issuance, of all applications filed with the district court pursuant to 1998
Iowa Acts, Senate File 2170, section 7, all court orders entered in such
actions, and withdrawals of certificates of noncompliance by the college
student aid commission.
e. All board fees required for renewal or reinstatement must be paid by
the applicants and all continuing education requirements must be met before a
license will be renewed or reinstated after the board has denied the renewal
or reinstatement of a license pursuant to Iowa Code chapter 261.
f. In the event a licensee timely files a district court action following
service of a board notice pursuant to 1998 Iowa Acts, Senate File 2170,
sections 6 and 7, the board shall continue with the intended action described
in the notice upon the receipt of a court order lifting the stay, dismissing
the action, or otherwise directing the board to proceed. For purposes of
determining the effective date of the denial of the renewal, or reinstatement
of a license, the board shall count the number of days before the court action
was disposed of by the court.
g. The board shall notify the licensee in writing through regular
first-class mail, or such other means as the board deems
appropriate in the circumstances, within ten days of the effective date of the
suspension or revocation of a license and shall similarly notify the applicant
when the license is reinstated following the board's receipt of a withdrawal of
the certificate of noncompliance.
FILED EMERGENCY
ARC 8289A
HUMAN SERVICES DEPARTMENT[441]
Adopted and Filed Emergency
Pursuant to the authority of Iowa Code section 249A.4 and 1997 Iowa Acts,
chapter 208, section 28, subsection 13, and section 37, the Department of Human
Services hereby amends Chapter 81, "Nursing Facilities," appearing in the Iowa
Administrative Code.
This amendment changes the basis for the maximum nursing facility rate from
December 31, 1996, cost reports to December 31, 1997, cost reports, retroactive
to January 1, 1998. This effectively increases the maximum rate from $71.70 to
$73.21 per day. Effective July 1, 1998, the maximum nursing facility rate was
set at $76.69 based on June 30, 1998, cost reports.
The Seventy-seventh General Assembly in 1997 Iowa Acts, chapter 208, section
28, subsection 1, paragraph "f," directed that if funds were available, the
maximum reimbursement rate for nursing facilities should be adjusted effective
January 1, 1998. It has now been determined that funding will be available to
make this adjustment. The state cost for providing this increase for the last
six months of state fiscal year 1998 is estimated at approximately $3.6 million
(state share $1.3 million) based on the $73.21 maximum daily rate.
In compliance with Iowa Code section 17A.4(2), the Department of Human Services
finds that notice and public participation are unnecessary because this
amendment implements 1997 Iowa Acts, chapter 208, section 28, subsection 13,
and section 37, which authorize the Department to adopt rules without notice
and public participation.
The Department also finds, pursuant to Iowa Code section 17A.5(2)"b"(1), that
the normal effective date of this amendment should be waived and this amendment
be made effective August 12, 1998, as authorized by 1997 Iowa Acts, chapter
208, section 37.
This amendment is also published herein under Notice of Intended Action as
ARC 8288A to allow for public comment.
The Council on Human Services adopted this amendment August 12, 1998.
This amendment is intended to implement Iowa Code section 249A.4 and 1997 Iowa
Acts, chapter 208, section 28, subsection 1, paragraph "f."
This amendment became effective August 12, 1998.
The following amendment is adopted.
Amend subrule 81.6(16), paragraph "e," as follows:
e. Effective January 1, 1998, the basis for establishing the maximum
reimbursement rate for non-state-owned nursing facilities shall be the
seventieth percentile of participating facilities' per diem rates as calculated
from the December 31, 1997, report of "unaudited compilation of various costs
and statistical data."
Beginning July 1, 1998, the basis for establishing the maximum reimbursement
rate for non-state-owned nursing facilities shall be the seventieth percentile
of participating
facilities' per diem rates as calculated from the June 30, 1998, report of
"unaudited compilation of various costs and statistical data."
[Filed Emergency 8/12/98, effective 8/12/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8298A
INSURANCE DIVISION[191]
Adopted and Filed Emergency
Pursuant to the authority of Iowa Code section 514D.5, the Insurance
Commissioner amends Chapter 37, "Medicare Supplement Insurance Minimum
Standards," Iowa Administrative Code.
Changes by the federal government in the Balanced Budget Act of 1997 (P.L.
105-33) necessitate the following Medicare Supplement rule changes. Because
the federal changes became effective July 1, 1998, it is necessary that these
amendments be Adopted and Filed Emergency.
The amendments provide that issuers of Medicare Supplement insurance must give
credit against the six-month preexisting exclusion for any creditable coverage
as defined by the federal Health Insurance Portability and Accountability Act
of 1996. Companies must guarantee issue policies A, B, C or F to individuals
under certain conditions.
A state has one year to amend rules following changes to the National
Association of Insurance Commissioners Model Regulations.
In compliance with Iowa Code section 17A.4(2), the Division finds that notice
and public participation are unnecessary because Medicare Supplement policies
are standardized under federal requirements.
The Division also finds, pursuant to Iowa Code section 17A.5(2)"b"(1), that the
normal effective date of the amendments should be waived and these amendments
should be made effective upon filing on August 18, 1998, because the federal
statute so provides.
These amendments became effective on August 18, 1998.
These amendments are intended to implement Iowa Code section 514D.5 and the
Balanced Budget Act of 1997, P.L. 105-33.
The following amendments are adopted.
ITEM 1. Amend rule 191--37.3(514D) by adopting the following
new definitions in alphabetical order:
"Bankruptcy" means that a Medicare+Choice organization that is not an issuer
has filed, or has had filed against it, a petition for declaration of
bankruptcy and has ceased doing business in the state.
"Continuous period of creditable coverage" means the period during which an
individual was covered by creditable coverage, if during the period of the
coverage the individual had no breaks in coverage greater than 63 days.
"Creditable coverage" means, with respect to an individual, coverage of the
individual provided under any of the following:
1. A group health plan;
2. Health insurance coverage;
3. Part A or Part B of Title XVIII of the Social Security Act (Medicare);
4. Title XIX of the Social Security Act (Medicaid), other than coverage
consisting solely of benefits under Section 1928;
5. Chapter 55 of Title 10, United States Code(CHAMPUS);
6. A medical care program of the Indian Health Service or of a tribal
organization;
7. A state health benefits risk pool;
8. A health plan offered under Chapter 89 of Title 5 United States Code
(Federal Employees Health Benefits Program);
9. A public health plan as defined in federal regulation; and
10. A health benefit plan under Section 5(e) of the Peace Corps Act (22 United
States Code 2504(e)).
11. An organized delivery system.
12. Short-term limited durational policy.
"Creditable coverage" shall not include one or more, or any combination of, the
following:
1. Coverage only for accident or disability income insurance, or any
combination thereof;
2. Coverage issued as a supplement to liability insurance;
3. Liability insurance, including general liability insurance and automobile
liability insurance;
4. Workers' compensation or similar insurance;
5. Automobile medical payment insurance;
6. Credit-only insurance;
7. Coverage for on-site medical clinics; and
8. Other similar insurance coverage, specified in federal regulations, under
which benefits for medical care are secondary or incidental to other insurance
benefits.
"Creditable coverage" shall not include the following benefits if they are
provided under a separate policy, certificate or contract of insurance or are
otherwise not an integral part of the plan:
1. Limited scope dental or vision benefits;
2. Benefits for long-term care, nursing home care, home health care,
community-based care, or any combination thereof; and
3. Such other similar, limited benefits as are specified in federal
regulations.
"Creditable coverage" shall not include the following benefits if offered as
independent, noncoordinated benefits:
1. Coverage only for a specified disease or illness; and
2. Hospital indemnity or other fixed indemnity insurance.
"Creditable coverage" shall not include the following if it is offered as a
separate policy, certificate or contract of insurance:
1. Medicare supplemental health insurance as defined under Section 1882(g)(1)
of the Social Security Act;
2. Coverage supplemental to the coverage provided under Chapter 55 of Title 10,
United States Code; and
3. Similar supplemental coverage provided to coverage under a group health
plan.
"Employee welfare benefit plan" means a plan, fund or program of employee
benefits as defined in 29 U.S.C. Section 1002 (Employee Retirement Income
Security Act).
"Insolvency" means that an issuer, licensed to transact the business of
insurance in this state, has had a final order of liquidation entered against
it with a finding of insolvency by a court of competent jurisdiction in the
issuer's state of domicile.
"Medicare+Choice plan" means a plan of coverage for health benefits under
Medicare Part C (as defined in Section 1859 found in Title IV, Subtitle A,
Chapter 1 of P.L. 105-33), and includes:
1. Coordinated care plans which provide health care services, including but not
limited to health maintenance organization plans (with or without a
point-of-service option), plans offered by provider-sponsored organizations,
and preferred provider organization plans;
2. Medical savings account plans coupled with a contribution into a
Medicare+Choice medical savings account; and
3. Medicare+Choice private fee-for-service plans.
"Secretary" means the Secretary of the United States Department of Health and
Human Services.
ITEM 2. Amend subrule 37.8(5) by adopting new paragraphs
"k" and "l" as follows:
k. Standardized Medicare supplement benefit high deductible plan "F" shall
include only the following: 100 percent of covered expenses following the
payment of the annual high deductible plan "F" deductible. The covered
expenses include the Core Benefit as defined in subrule 37.7(2), plus the
Medicare Part A Deductible, Skilled Nursing Facility care, the Medicare Part B
Deductible, 100 percent of the Medicare Part B Excess Charges, and Medically
Necessary Emergency Care in a Foreign Country as defined in 37.7(3)"a," "b,"
"c," "e," and "h," respectively. The annual high deductible plan "F"
deductible shall consist of out-of-pocket expenses, other than premiums, for
services covered by the Medicare supplement plan "F" policy, and shall be in
addition to any other specific benefit deductibles. The annual high deductible
plan "F" deductible shall be $1500 for 1998 and 1999, and shall be based on the
calendar year. It shall be adjusted annually thereafter by the Secretary to
reflect the change in the consumer price index for all urban consumers for the
12-month period ending with August of the preceding year, and rounded to the
nearest multiple of $10.
l. Standardized Medicare supplement benefit high deductible plan "J" shall
consist only of the following: 100 percent of covered expenses following the
payment of the annual high deductible plan "J" deductible. The covered
expenses include the Core Benefit as defined in 37.7(2), plus the Medicare Part
A Deductible, Skilled Nursing Facility Care, Medicare Part B Deductible, 100
percent of the Medicare Part B Excess Charges, Extended Outpatient Prescription
Drug Benefit, Medically Necessary Emergency Care in a Foreign Country,
Preventive Medical Care Benefit and At-Home Recovery Benefit as defined in
37.7(3)"a," "b," "c," "e," "g," "h," "i," and "j," respectively. The annual
high deductible plan "J" deductible shall consist of out-of-pocket expenses,
other than premiums, for services covered by the Medicare supplement plan "J"
policy, and shall be in addition to any other specific benefit deductibles.
The annual deductible shall be $1500 for 1998 and 1999, and shall be based on a
calendar year. It shall be adjusted annually thereafter by the Secretary to
reflect the change in the consumer price index for all urban consumers for the
12-month period ending with August of the preceding year, and rounded to the
nearest multiple of $10.
ITEM 3. Amend subrule 37.15(3), paragraph "d," the plan
outlines, as follows:
Rescind the "Outline of Medicare Supplement Coverage--Cover Page" and adopt the
following new cover page in lieu thereof:
[COMPANY NAME]
Outline of Medicare Supplement Coverage--Cover Page:
Benefit
Plans _______ [insert letters of plans being offered]
|
Medicare supplement insurance can be sold in only ten standardized plans plus
two high deductible plans. The chart shows the benefits in each plan. Every
company must make available Plan "A." Some plans may not be available in
Iowa.
Basic Benefits: Included in All Plans.
Hospitalization: Part A coinsurance plus coverage for 365 additional days
after Medicare benefits end.
Medical Expenses: Part B coinsurance (generally 20% of Medicare-approved
expenses).
Blood: First three pints of blood each year.
A
|
B
|
C
|
D
|
E
|
F | F*
|
G
|
H
|
I
|
J | J*
|
Basic
Benefits
|
Basic
Benefits
|
Basic
Benefits
|
Basic
Benefits
|
Basic
Benefits
|
Basic
Benefits
|
Basic
Benefits
|
Basic
Benefits
|
Basic
Benefits
|
Basic
Benefits
|
|
|
Skilled
Nursing Coinsurance
|
Skilled
Nursing Coinsurance
|
Skilled
Nursing Coinsurance
|
Skilled
Nursing Coinsurance
|
Skilled
Nursing Coinsurance
|
Skilled
Nursing Coinsurance
|
Skilled
Nursing Coinsurance
|
Skilled
Nursing Coinsurance
|
|
Part
A Deductible
|
Part
A Deductible
|
Part
A Deductible
|
Part
A Deductible
|
Part
A Deductible
|
Part
A Deductible
|
Part
A Deductible
|
Part
A Deductible
|
Part
A Deductible
|
|
|
Part
B Deductible
|
|
|
Part
B Deductible
|
|
|
|
Part
B Deductible
|
|
|
|
|
|
Part
B Excess (100%)
|
Part
B Excess (80%)
|
|
Part
B Excess (100%)
|
Part
B Excess (100%)
|
|
|
Foreign
Travel Emergency
|
Foreign
Travel Emergency
|
Foreign
Travel Emergency
|
Foreign
Travel Emergency
|
Foreign
Travel Emergency
|
Foreign
Travel Emergency
|
Foreign
Travel Emergency
|
Foreign
Travel Emergency
|
|
|
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At-Home
Recovery
|
|
|
At-Home
Recovery
|
|
At-Home
Recovery
|
At-Home
Recovery
|
|
|
|
|
|
|
|
Basic
Drugs ($1,250 Limit)
|
Basic
Drugs ($1,250 Limit)
|
Extended
Drugs ($3,000 Limit)
|
|
|
|
|
Preventive
Care
|
|
|
|
|
Preventive
Care
|
*Plans F and J also have an option called a high deductible plan F and a high
deductible plan J. These high deductible plans pay the same or offer the same
benefits as Plans F and J after one has paid a calendar year [$1500]
deductible. Benefits from high deductible plans F and J will not begin until
out-of-pocket expenses are [$1500]. Out-of-pocket expenses for this deductible
are expenses that would ordinarily be paid by the policy. These expenses
include the Medicare deductibles for Part A and Part B, but do not include, in
Plan J, the plan's separate prescription drug deductible or, in Plans F and J,
the plan's separate foreign travel emergency deductible.
PREMIUM INFORMATION
We [insert issuer's name] can only raise your premium if we raise the premium
for all policies like yours in this State. [If the premium is based on the
increasing age of the insured, include information specifying when premiums
will change.]
DISCLOSURES
Use this outline to compare benefits and premiums among policies.
READ YOUR POLICY VERY CAREFULLY
This is only an outline describing your policy's most important features. The
policy is your insurance contract. You must read the policy itself to
understand all of the rights and duties of both you and your insurance
company.
RIGHT TO RETURN POLICY
If you find that you are not satisfied with your policy, you may return it to
[insert issuer's address]. If you send the policy back to us within 30 days
after you receive it, we will treat the policy as if it had never been issued
and return all of your payments.
POLICY REPLACEMENT
If you are replacing another health insurance policy, do NOT cancel it until
you have actually received your new policy and are sure you want to keep it.
NOTICE
This policy may not fully cover all of your medical costs.
[for agents:]
Neither [insert company's name] nor its agents are connected with Medicare.
[for direct response:]
[insert company's name] is not connected with Medicare.
This outline of coverage does not give all the details of Medicare coverage.
Contact your local Social Security Office or consult "The Medicare Handbook"
for more details.
COMPLETE ANSWERS ARE VERY IMPORTANT
When you fill out the application for the new policy, be sure to answer
truthfully and completely all questions about your medical and health history.
The company may cancel your policy and refuse to pay any claims if you leave
out or falsify important medical information. [If the policy or certificate is
guaranteed issue, this paragraph need not appear.]
Review the application carefully before you sign it. Be certain that all
information has been properly recorded.
[Include for each plan prominently identified in the cover page, a chart
showing the services, Medicare payments, plan payments and insured payments for
each plan, using the same language, in the same order, using uniform layout and
format as shown in the charts below. No more than four plans may be shown on
one chart. For purposes of illustration, charts for each plan are included in
this regulation. An issuer may use additional benefit plan descriptions on
these charts pursuant to 37.8(4).]
[Include an explanation of any innovative benefits on the cover page and in the
chart, in a manner approved by the commissioner.]
****
Rescind Plan E and adopt the following new Plan E in lieu
thereof:
PLAN E
MEDICARE (PART A)--HOSPITAL SERVICES--PER BENEFIT PERIOD
* A benefit period begins on the first day you receive service as an inpatient
in a hospital and ends after you have been out of the hospital and have not
received skilled care in any other facility for 60 days in a row.
Services
|
Medicare
Pays
|
Plan
Pays
|
You
Pay
|
HOSPITALIZATION*
Semiprivate room and board, general nursing and miscellaneous services and
supplies
First 60 days
61st thru 90th day
91st day and after;
--While using 60 lifetime reserve days
--Once lifetime reserve days are used:
--Additional 365 days
--Beyond the additional 365 days
|
All but $[764]
All but $[191] a day
All but $[382] a day
$0
$0
|
$[764] (Part A deductible)
$[191] a day
$[382] a day
100% of Medicare-eligible expenses
$0
|
$0
$0
$0
$0
All costs
|
SKILLED
NURSING FACILITY CARE*
You must meet Medicare's requirements, including having
been in a hospital for at least 3 days and entered a Medicare-approved facility
within 30 days after leaving the hospital.
First 20 days
21st thru 100th day
101st day and after
|
All approved amounts
All but $[95.50] a day
$0
|
$0
Up to $[95.50] a day
$0
|
$0
$0
All costs
|
BLOOD
First 3 pints
Additional amounts
|
$0
100%
|
3 pints
$0
|
$0
$0
|
HOSPICE
CARE
Available as long as your doctor certifies you are terminally ill and you elect
to receive these services
|
All but very limited
coinsurance for outpatient drugs and
inpatient respite care
|
$0
|
Balance
|
MEDICARE (PART B)--HOSPITAL SERVICES--PER BENEFIT PERIOD
* Once you have been billed $100 of Medicare-Approved amounts for covered
services (which are noted with an asterisk), your Part B deductible will have
been met for the calendar year.
Services
|
Medicare
Pays
|
Plan
Pays
|
You
Pay
|
MEDICAL
EXPENSES--IN OR OUT OF THE HOSPITAL AND OUTPATIENT HOSPITAL TREATMENT, such
as Physician's services, inpatient and outpatient medical and surgical services
and supplies, physical and speech therapy, diagnostic tests, durable medical
equipment,
First $100 of Medicare-Approved Amounts*
Remainder of Medicare-Approved Amounts
Part B Excess Charges (Above Medicare-Approved Amounts)
|
$0
Generally 80%
$0
|
$0
Generally 20%
$0
|
$100 (Part B deductible)
$0
All costs
|
BLOOD
First 3 pints
Next $100 of Medicare-Approved Amounts*
Remainder of Medicare Approved Amounts
|
$0
$0
80%
|
All costs
$0
20%
|
$0
$100 (Part B deductible)
$0
|
CLINICAL
LABORATORY SERVICES--BLOOD TESTS
FOR DIAGNOSTIC SERVICES
|
100%
|
$0
|
$0
|
PARTS
A & B
Services
|
Medicare
Pays
|
Plan
Pays
|
You
Pay
|
HOME
HEALTH CARE
MEDICARE-APPROVED SERVICES
--Medically necessary skilled care services and medical supplies
--Durable medical equipment
First $100 of Medicare-Approved Amounts*
Remainder of Medicare-Approved Amounts*
|
100%
$0
80%
|
$0
$0
20%
|
$0
$100 (Part B deductible)
$0
|
OTHER
BENEFITS--NOT COVERED BY MEDICARE
Services
|
Medicare
Pays
|
Plan
Pays
|
You
Pay
|
FOREIGN
TRAVEL--NOT COVERED BY MEDICARE
Medically necessary emergency care services beginning during the first 60 days
of each trip outside the USA
First $250 each calendar year
Remainder of Charges
|
$0
$0
|
$0
80% to a lifetime maximum benefit of $50,000
|
$250
20% and amounts over the $50,000 lifetime maximum
|
*PREVENTIVE
MEDICAL CARE BENEFIT--NOT COVERED BY MEDICARE
Some annual physical and preventive tests and services such as: digital rectal
exam, hearing screening, dipstick urinalysis, diabetes screening, thyroid
function test, tetanus and diphtheria booster and education, administered or
ordered by your doctor when not covered by Medicare
First $120 each calendar year
Additional charges
|
$0
$0
|
$120
$0
|
$0
All costs
|
*Medicare
benefits are subject to change. Please consult the latest Guide to Health
Insurance for People with Medicare.
Adopt new Plan F or High Deductible Plan F as follows:
PLAN F or HIGH DEDUCTIBLE PLAN F
MEDICARE (PART A)--HOSPITAL SERVICES--PER BENEFIT PERIOD
*A benefit period begins on the first day you receive service as an inpatient
in a hospital and ends after you have been out of the hospital and have not
received skilled care in any other facility for 60 days in a row.
**This high deductible plan pays the same or offers the same benefits as Plan F
after one has paid a calendar year [$1500] deductible. Benefits from the High
Deductible Plan F will not begin until out-of-pocket expenses are [$1500].
Out-of-pocket expenses for this deductible are expenses that would ordinarily
be paid by the policy. This includes the Medicare deductibles for Part A and
Part B, but does not include the plan's separate foreign travel emergency
deductible.
SERVICES
|
MEDICARE
PAYS
|
AFTER
YOU PAY
$1500 DEDUCTIBLE,**
PLAN PAYS
|
IN
ADDITION TO
$1500 DEDUCTIBLE, **
YOU PAY
|
HOSPITALIZATION*
Semiprivate room and board, general nursing and miscellaneous services and
supplies
First 60 days
61st thru 90th day
91st day and after:
--while using 60 lifetime reserve days
--Once lifetime reserve days are used:
--Additional 365 days
--Beyond the additional 365 days
|
All but $[764]
All but $[191] a day
All but $[382] a day
$0
$0
|
$[764] (Part A deductible)
$[191] a day
$[382] a day
100% of Medicare eligible expenses
$0
|
$0
$0
$0
$0
All costs
|
SKILLED
NURSING FACILITY CARE*
You must meet Medicare's requirements, including having been in a hospital for
at least 3 days and entered a Medicare-approved facility within 30 days after
leaving the hospital
First 20 days
21st thru 100th day
101st day and after
|
All approved amounts
All but $[95.50] a day
$0
|
$0
Up to $[95.50] a day
$0
|
$0
$0
All costs
|
BLOOD
First 3 pints
Additional amounts
|
$0
100%
|
3 pints
$0
|
$0
$0
|
HOSPICE
CARE
Available as long as your doctor certifies you are terminally ill and you elect
to receive these services
|
All but very limited coinsurance for outpatient drugs and inpatient respite care
|
$0
|
Balance
|
MEDICARE (PART B)--MEDICAL SERVICES--PER CALENDAR YEAR
*Once you have been billed $100 of Medicare-Approved amounts for covered
services (which are noted with an asterisk), your Part B deductible will have
been met for the calendar year.
**This high deductible plan pays the same or offers the same benefits as Plan F
after one has paid a calendar year [$1500] deductible. Benefits from the High
Deductible Plan F will not begin until out-of-pocket expenses are [$1500].
Out-of-pocket expenses for this deductible are expenses that would ordinarily
be paid by the policy. This includes the Medicare deductibles for Part A and
Part B, but does not include the plan's separate foreign travel emergency
deductible.
SERVICES
|
MEDICARE
PAYS
|
AFTER
YOU PAY
$1500 DEDUCTIBLE,**
PLAN PAYS
|
IN
ADDITION TO
$1500 DEDUCTIBLE, **
YOU PAY
|
MEDICAL
EXPENSES--IN OR OUT OF THE
HOSPITAL AND OUTPATIENT HOSPITAL TREATMENT,
such as physician's services, inpatient and outpatient medical and surgical
services and supplies, physical and speech therapy, diagnostic tests, durable
medical equipment,
First $100 of Medicare-Approved Amounts*
Remainder of Medicare-Approved Amounts
Part B excess charges (Above Medicare-
Approved Amounts)
|
$0
Generally 80%
$0
|
$100 (Part B deductible)
Generally 20%
100%
|
$0
$0
$0
|
BLOOD
First 3 pints
Next $100 of Medicare-Approved Amounts*
Remainder of Medicare-Approved Amounts
|
$0
$0
80%
|
All costs
$100 (Part B deductible)
20%
|
$0
$0
$0
|
CLINICAL
LABORATORY SERVICES--BLOOD TESTS FOR DIAGNOSTIC SERVICES
|
100%
|
$0
|
$0
|
PARTS A & B
SERVICES
|
MEDICARE
PAYS
|
AFTER
YOU PAY
$1500 DEDUCTIBLE,**
PLAN PAYS
|
IN
ADDITION TO
$1500 DEDUCTIBLE, **
YOU PAY
|
HOME
HEALTH CARE MEDICARE-APPROVED SERVICES
--Medically necessary skilled care services and medical supplies
--Durable medical equipment
First $100 of Medicare-Approved Amounts*
Remainder of Medicare-Approved Amounts
|
100%
$0
80%
|
$0
$100 (Part B deductible)
20%
|
$0
$0
$0
|
OTHER BENEFITS--NOT COVERED BY MEDICARE
SERVICES
|
MEDICARE
PAYS
|
AFTER
YOU PAY
$1500 DEDUCTIBLE,**
PLAN PAYS
|
IN
ADDITION TO
$1500 DEDUCTIBLE, **
YOU PAY
|
FOREIGN
TRAVEL - NOT COVERED BY MEDICARE
Medically necessary emergency care services beginning during the first 60 days
of each trip outside the USA
First $250 each calendar year
Remainder of Charges
|
$0
$0
|
$0
80% to a lifetime maximum benefit of $50,000
|
$250
20% and amounts over the $50,000 lifetime maximum
|
Adopt new Plan J or High Deductible Plan J as follows:
PLAN J or HIGH DEDUCTIBLE PLAN J
MEDICARE (PART A)--HOSPITAL SERVICES--PER BENEFIT PERIOD
* A benefit period begins on the first day you receive service as an inpatient
in a hospital and ends after you have been out of the hospital and have not
received skilled care in any other facility for 60 days in a row.
** This high deductible plan pays the same or offers the same benefits as Plan
J after one has paid a calendar year [$1500] deductible. Benefits from High
Deductible Plan J will not begin until out-of-pocket expenses are [$1500].
Out-of-pocket expenses for this deductible are expenses that would ordinarily
be paid by the policy. This includes the Medicare deductibles for Part A and
Part B, but does not include the plan's separate prescription drug deductible
or the plan's separate foreign travel emergency deductible.
SERVICES
|
MEDICARE
PAYS
|
AFTER
YOU PAY
$1500 DEDUCTIBLE,**
PLAN PAYS
|
IN
ADDITION TO
$1500 DEDUCTIBLE, **
YOU PAY
|
HOSPITALIZATION*
Semiprivate room and board, general nursing and miscellaneous services and
supplies
First 60 days
61st thru 90th day
91st day and after:
--While using 60 lifetime reserve days
--Once lifetime reserve days are used:
--Additional 365 days
--Beyond the additional 365 days
|
All but $[764]
All but $[191] a day
All but $[382] a day
$0
$0
|
$[764] (Part A deductible)
$[191] a day
$[382] a day
100% of Medicare eligible
expenses
$0
|
$0
$0
$0
$0
All costs
|
SKILLED
NURSING FACILITY CARE*
You must meet Medicare's requirements, including having been in a hospital for
at least 3 days and
entered a Medicare-approved facility within 30 days after leaving the
hospital
First 20 days
21st thru 100th day
101st day and after
|
All approved amounts
All but $[95.50] a day
$0
|
$0
Up to $[95.50] a day
$0
|
$0
$0
All costs
|
BLOOD
First 3 pints
Additional amounts
|
$0
100%
|
3 pints
$0
|
$0
$0
|
HOSPICE
CARE
Available as long as your doctor certifies you are terminally ill and you elect
to receive these services
|
All but very limited
coinsurance for outpatient drugs and inpatient respite care
|
$0
|
Balance
|
MEDICARE (PART B)--MEDICAL SERVICES--PER CALENDAR YEAR
* Once you have been billed $100 of Medicare-Approved amounts for covered
services (which are noted with an asterisk), your Part B deductible will have
been met for the calendar year.
**This high deductible plan pays the same or offers the same benefits as Plan J
after one has paid a calendar year [$1500] deductible. Benefits from High
Deductible Plan J will not begin until out-of-pocket expenses are [$1500].
Out-of-pocket expenses for this deductible are expenses that would ordinarily
be paid by the policy. This includes the Medicare deductibles for Part A and
Part B, but does not include the plan's separate prescription drug deductible
or the plan's separate foreign travel emergency deductible.
SERVICES
|
MEDICARE
PAYS
|
AFTER
YOU PAY
$1500 DEDUCTIBLE,**
PLAN PAYS
|
IN
ADDITION TO
$1500 DEDUCTIBLE, **
YOU PAY
|
MEDICAL
EXPENSES--IN OR OUT OF THE HOSPITAL AND OUTPATIENT HOSPITAL TREATMENT, such
as physician's services, inpatient and outpatient medical and surgical services
and supplies, physical and speech therapy, diagnostic tests, durable medical
equipment,
First $100 of Medicare-Approved Amounts*
Remainder of Medicare-Approved Amounts
Part B Excess Charges (Above Medicare-
Approved Amounts)
|
$0
Generally 80%
$0
|
$100 (Part B deductible)
Generally 20%
100%
|
$0
$0
$0
|
BLOOD
First 3 pints
Next $100 of Medicare-Approved Amounts*
Remainder of Medicare-Approved Amounts
|
$0
$0
80%
|
All Costs
$100 (Part B deductible)
20%
|
$0
$0
$0
|
CLINICAL
LABORATORY SERVICES--BLOOD TESTS FOR DIAGNOSTIC SERVICES
|
100%
|
$0
|
$0
|
PARTS A & B
SERVICES
|
MEDICARE
PAYS
|
AFTER
YOU PAY
$1500 DEDUCTIBLE,**
PLAN PAYS
|
IN
ADDITION TO
$1500 DEDUCTIBLE, **
YOU PAY
|
HOME
HEALTH CARE
MEDICARE-APPROVED SERVICES
--Medically necessary skilled care services and medical supplies
--Durable medical equipment
First $100 of Medicare-Approved Amounts*
Remainder of Medicare-Approved Amounts
|
100%
$0
80%
|
$0
$100 (Part B deductible)
20%
|
$0
$0
$0
|
HOME
HEALTH CARE (cont'd)
AT-HOME RECOVERY SERVICES--NOT COVERED BY MEDICARE
Home care certified by your doctor, for personal care during recovery from an
injury or sickness for which Medicare approved a Home Care Treatment Plan
--Benefit for each visit
--Number of visits covered
(Must be received within 8 weeks of last Medicare-Approved visit)
--Calendar year maximum
|
$0
$0
$0
|
Actual charges to $40 a visit
Up to the number of Medicare-Approved visits, not to exceed 7 each week
$1,600
|
|
OTHER BENEFITS--NOT COVERED BY MEDICARE
SERVICES
|
MEDICARE
PAYS
|
AFTER
YOU PAY
$1500 DEDUCTIBLE,**
PLAN PAYS
|
IN
ADDITION TO
$1500 DEDUCTIBLE, **
YOU PAY
|
FOREIGN
TRAVEL--NOT COVERED BY MEDICARE
Medically necessary emergency care services beginning during the first 60 days
of each trip outside the USA
First $250 each calendar year
Remainder of Charges
|
$0
$0
|
$0
80% to a lifetime maximum benefit of $50,000
|
$250
20% and amounts over the $50,000 lifetime
maximum
|
EXTENDED
OUTPATIENT PRESCRIPTION DRUGS--NOT COVERED BY MEDICARE
First $250 each calendar year
Next $6,000 each calendar year
Over $6,000 each calendar year
|
$0
$0
$0
|
$0
50%--$3,000 calendar
year maximum benefit
$0
|
$250
50%
All costs
|
***PREVENTIVE
MEDICAL CARE BENEFIT--NOT COVERED BY MEDICARE
Some annual physical and preventive tests and services such as: digital rectal
exam, hearing screening, dipstick urinalysis, diabetes screening, thyroid
function test, tetanus and diphtheria booster and education, administered or
ordered by your doctor when not covered by Medicare
First $150 each calendar year
Additional charges
|
$0
$0
|
$120
$0
|
$0
All costs
|
*** Medicare benefits are subject to change. Please consult the latest Guide
to Health Insurance for People with Medicare.
ITEM 4. Amend 191--Chapter 37 by adopting the following new
rule:
191--37.24(514D) Guaranteed issue for eligible persons.
37.24(1) Eligible persons are those individuals described in subrule
37.24(2) who apply to enroll under the policy not later than 63 days after the
date of the termination of enrollment described in subrule 37.24(2), and who
submit evidence of the date of termination or disenrollment with the
application for a Medicare supplement policy.
With respect to eligible persons, an issuer shall not deny or condition the
issuance or effectiveness of a Medicare supplement policy described in subrule
37.24(3) that is offered and is available for issuance to new enrollees by the
issuer, shall not discriminate in the pricing of such a Medicare supplement
policy because of health status, claims experience, receipt of health care, or
medical condition, and shall not impose an exclusion of benefits based on a
preexisting condition under such a Medicare supplement policy.
37.24(2) An eligible person is an individual described in any of the
following paragraphs:
a. The individual is enrolled under an employee welfare benefit plan that
provides health benefits that supplement the benefits under Medicare; and the
plan terminates, or the plan ceases to provide some or all such supplemental
health benefits to the individual;
b. The individual is enrolled with a Medicare+Choice organization under a
Medicare+Choice plan under Part C of Medicare, and there are circumstances
permitting discontinuance of the individual's election of the plan under the
first sentence of Section 1851(e)(4) of the federal Social Security Act, which
consists of the following:
"Effective as of January 1, 2002, an individual may discontinue an election of
a Medicare+Choice plan offered by a Medicare+Choice organization other than
during an annual, coordinated election period [under Medicare] and make a new
election under this section if:
"(1) The organization's or plan's certification [under this part] has been
terminated or the organization has terminated or otherwise discontinued
providing the plan in the area in which the individual resides;
"(2) The individual is no longer eligible to elect the plan because of a
change in the individual's place of residence or other change in circumstances
specified by the Secretary, but not including termination of the individual's
enrollment on the basis described in Section 1851(g)(3)(B) of the federal
Social Security Act (where the individual has not paid premiums on a timely
basis or has engaged in disruptive behavior as specified in standards under
Section 1856), or the plan is terminated for all individuals within a residence
area;
"(3) The individual demonstrates, in accordance with guidelines established by
the Secretary, that:
"1. The organization offering the plan substantially violated a material
provision of the organization's contract under this part in relation to the
individual, including the failure to provide an enrollee on a timely basis
medically necessary care for which benefits are available under the plan or the
failure to provide such covered care in accordance with applicable quality
standards; or
"2. The organization, or agent or other entity acting on the organization's
behalf, materially misrepresented the plan's provisions in marketing the plan
to the individual; or
"(4) The individual meets such other exceptional conditions as the Secretary
may provide."
c. The individual is enrolled with:
(1) An eligible organization under a contract under Section 1876 (Medicare risk
or cost); or
(2) A similar organization operating under demonstration project authority,
effective for periods before April 1, 1999; or
(3) An organization under an agreement under Section 1833(a)(1)(A) (Health care
prepayment plan); or
(4) An organization under a Medicare Select policy; and
(5) The enrollment ceases under the same circumstances that would permit
discontinuance of an individual's election of coverage under the first sentence
of Section 1851(3)(4) of the federal Social Security Act as delineated above in
paragraph 37.24(2)"b."
d. The individual is enrolled under a Medicare supplement policy and the
enrollment ceases because:
(1) Of the insolvency of the issuer or bankruptcy of the nonissuer
organization; or
Of other involuntary termination of coverage or enrollment under the policy;
(2) The issuer of the policy substantially violated a material provision of the
policy; or
(3) The issuer, or an agent or other entity acting on the issuer's behalf,
materially misrepresented the policy's provisions in marketing the policy to
the individual;
e.(1) The individual was enrolled under a Medicare supplement policy and
terminated enrollment and subsequently enrolls, for the first time, with any
Medicare+Choice organization under a Medicare+Choice plan under Part C of
Medicare, any eligible organization under a contract under Section 1876
(Medicare risk or cost), any similar organization operating under demonstration
project authority, an organization under an agreement under Section
1833(a)(1)(A) (health care prepayment plan), or a Medicare Select policy;
and
(2) The subsequent enrollment under subparagraph "e"(1) terminated by the
enrollee during any period within the first 12 months of such subsequent
enrollment (during which the enrollee is permitted to terminate such subsequent
enrollment under Section 1851(e) of the federal Social Security Act); or
f. The individual, upon first becoming enrolled for benefits under Part B of
Medicare at age 65 or older enrolls in a Medicare+Choice plan under Part C of
Medicare, and disenrolls from the plan by not later than 12 months after the
effective date of enrollment.
37.24(3) Products to which eligible persons are entitled. The Medicare
supplement policy to which eligible persons are entitled under:
a. Subrule 37.24(2), paragraphs "a," "b," "c," and "d," is a Medicare
supplement policy which has a benefit package classified as Plan A, B, C, or F
offered by any issuer.
b. Paragraph 37.24(2)"e" is the same Medicare supplement policy in which the
individual was most recently previously enrolled, if available from the same
issuer, or, if not so available, a policy described in paragraph
37.24(3)"a."
c. Paragraph 37.24(2)"f" shall include any Medicare supplement policy offered
by any issuer.
37.24(4) Notification provisions.
a. At the time of an event described in subrule 37.24(2) because of which an
individual loses coverage or benefits due to the termination of a contract or
agreement, policy, or plan, the organization that terminates the contract or
agreement, the issuer terminating the policy, or the administrator of the plan
being terminated, respectively, shall notify the individual of the individual's
rights under this subrule, and of the obligations of issuers of Medicare
supplement policies under subrule 37.24(1). Such notice shall be communicated
contemporaneously with the notification of termination.
b. At the time of an event described in subrule 37.24(2) because of which an
individual ceases enrollment under a contract or agreement, policy, or plan,
the organization that offers the contract or agreement, regardless of the basis
for the cessation of enrollment, the issuer offering the policy, or the
administrator of the plan, respectively, shall notify the individual of the
individual's rights under this subrule, and of the obligations of issuers of
Medicare supplement policies under subrule 37.24(1). Such notice shall be
communicated within ten working days of the issuer receiving notification of
disenrollment.
ITEM 5. Rescind 191--Chapter 37, Appendix C, and adopt the
following new appendix in lieu thereof:
APPENDIX C
DISCLOSURE STATEMENTS
Instructions for Use of the Disclosure Statements for
Health
Insurance Policies Sold to Medicare Beneficiaries
that Duplicate
Medicare
1. Section 1882 (d) of the federal Social Security Act [42 U.S.C. 1395ss]
prohibits the sale of a health insurance policy (the term policy includes
certificate) to Medicare beneficiaries that duplicates Medicare benefits unless
it will pay benefits without regard to a beneficiary's other health coverage
and it includes the prescribed disclosure statement on or together with the
application for the policy.
2. All types of health insurance policies that duplicate Medicare shall include
one of the attached disclosure statements, according to the particular policy
type involved, on the application or together with the application. The
disclosure statement may not vary from the attached statements in terms of
language or format (type size, type proportional spacing, bold character, line
spacing, and usage of boxes around text).
3. State and federal law prohibits insurers from selling a Medicare supplement
policy to a person that already has a Medicare supplement policy except as a
replacement policy.
4. Property/casualty and life insurance policies are not considered health
insurance.
5. Disability income policies are not considered to provide benefits that
duplicate Medicare.
6. Long-term care insurance policies that coordinate with Medicare and other
health insurance are not considered to provide benefits that duplicate
Medicare.
7. The federal law does not preempt state laws that are more stringent than the
federal requirements.
8. The federal law does not preempt existing state form filing requirements.
9. Section 1882 of the federal Social Security Act was amended in Subsection
(d)(3)(A) to allow for alternative disclosure statements. The disclosure
statements already in Appendix C remain. Carriers may use either disclosure
statement with the requisite insurance product. However, carriers should use
either the original disclosure statements or the alternative disclosure
statements and not use both simultaneously.
* * * * * * * * * *
[Original disclosure statement for policies that provide benefits for expenses
incurred for an accidental injury only.]
IMPORTANT
NOTICE TO PERSONS ON MEDICARE THIS INSURANCE DUPLICATES SOME MEDICARE BENEFITS
|
This is not Medicare Supplement Insurance
This insurance provides limited benefits, if you meet the policy conditions,
for hospital or medical expenses that result from accidental injury. It does
not pay your Medicare deductibles or coinsurance and is not a substitute for
Medicare Supplement insurance.
This insurance duplicates Medicare benefits when it pays:
* Hospital or medical expenses up to the maximum stated in the policy
Medicare generally pays for most or all of these expenses.
Medicare pays extensive benefits for medically necessary services regardless of
the reason you need them. These include:
* Hospitalization
* Physician services
* Other approved items and services
Before
You Buy This Insurance
|
3 Check the coverage in all health insurance policies you already have.
3 For more information about Medicare and Medicare Supplement insurance, review
the Guide to Health Insurance for People with Medicare, available from the
insurance company.
3 For help in understanding your health insurance, contact your state insurance
department or state senior insurance counseling program.
* * * * * * * * * *
[Original disclosure statement for policies that provide benefits for specified
limited services.]
IMPORTANT
NOTICE TO PERSONS ON MEDICARE THIS INSURANCE DUPLICATES SOME MEDICARE BENEFITS
|
This is not Medicare Supplement Insurance
This insurance provides limited benefits, if you meet the policy conditions,
for expenses relating to the specific services listed in the policy. It does
not pay your Medicare deductibles or coinsurance and is not a substitute for
Medicare Supplement insurance.
This insurance duplicates Medicare benefits when:
* Any of the services covered by the policy are also covered by
Medicare.
Medicare pays extensive benefits for medically necessary services regardless of
the reason you need them. These include:
* Hospitalization
* Physician services
* Other approved items and services
Before
You Buy This Insurance
|
3 Check the coverage in all health insurance policies you already have.
3 For more information about Medicare and Medicare Supplement insurance, review
the Guide to Health Insurance for People with Medicare, available from the
insurance company.
3 For help in understanding your health insurance, contact your state insurance
department or state senior insurance counseling program.
* * * * * * * * * *
[Original disclosure statement for policies that reimburse expenses incurred
for specified diseases or other specified impairments. This includes
expense-incurred cancer, specified disease and other types of health insurance
policies that limit reimbursement to named medical conditions.]
IMPORTANT
NOTICE TO PERSONS ON MEDICARE THIS INSURANCE DUPLICATES SOME MEDICARE BENEFITS
|
This is not Medicare Supplement Insurance
This insurance provides limited benefits, if you meet the policy conditions,
for hospital or medical expenses only when you are treated for one of the
specific diseases or health conditions listed in the policy. It does not pay
your Medicare deductibles or coinsurance and is not a substitute for Medicare
Supplement insurance.
This insurance duplicates Medicare benefits when it pays:
* Hospital or medical expenses up to the maximum stated in the policy
Medicare generally pays for most or all of these expenses.
Medicare pays extensive benefits for medically necessary services regardless of
the reason you need them. These include:
* Hospitalization
* Physician services
* Hospice
* Other approved items and services
Before
You Buy This Insurance
|
3 Check the coverage in all health insurance policies you already have.
3 For more information about Medicare and Medicare Supplement insurance, review
the Guide to Health Insurance for People with Medicare, available from the
insurance company.
3 For help in understanding your health insurance, contact your state insurance
department or state senior insurance counseling program.
* * * * * * * * * *
[Original disclosure statement for policies that pay fixed dollar amounts for
specified diseases or other specified impairments. This includes cancer,
specified disease, and other health insurance policies that pay a scheduled
benefit or specific payment based on diagnosis of the conditions named in the
policy.]
IMPORTANT
NOTICE TO PERSONS ON MEDICARE THIS INSURANCE DUPLICATES SOME MEDICARE BENEFITS
|
This is not Medicare Supplement Insurance
This insurance pays a fixed amount, regardless of your expenses, if you meet
the policy conditions, for one of the specific diseases or health conditions
named in the policy. It does not pay your Medicare deductibles or coinsurance
and is not a substitute for Medicare Supplement insurance.
This insurance duplicates Medicare benefits when it pays:
* Hospital or medical expenses up to the maximum stated in the policy
Medicare pays extensive benefits for medically necessary services regardless of
the reason you need them. These include:
* Hospitalization
* Physician services
* Hospice
* Other approved items and services
Before
You Buy This Insurance
|
3 Check the coverage in all health insurance policies you already have.
3 For more information about Medicare and Medicare Supplement insurance, review
the Guide to Health Insurance for People with Medicare, available from the
insurance company.
3 For help in understanding your health insurance, contact your state insurance
department or state senior insurance counseling program.
* * * * * * * * * *
[Original disclosure statement for indemnity policies and other policies that
pay a fixed dollar amount per day, excluding long-term care policies.]
IMPORTANT
NOTICE TO PERSONS ON MEDICARE THIS INSURANCE DUPLICATES SOME MEDICARE BENEFITS
|
This is not Medicare Supplement Insurance
This insurance pays a fixed dollar amount, regardless of your expenses, for
each day you meet the policy conditions. It does not pay your Medicare
deductibles or coinsurance and is not a substitute for Medicare Supplement
insurance.
This insurance duplicates Medicare benefits when:
* Any expenses or services covered by the policy are also covered by
Medicare.
Medicare generally pays for most or all of these expenses.
Medicare pays extensive benefits for medically necessary services regardless of
the reason you need them. These include:
* Hospitalization
* Physician services
* Hospice
* Other approved items and services
Before
You Buy This Insurance
|
3 Check the coverage in all health insurance policies you already have.
3 For more information about Medicare and Medicare Supplement insurance, review
the Guide to Health Insurance for People with Medicare, available from the
insurance company.
3 For help in understanding your health insurance, contact your state insurance
department or state senior insurance counseling program.
* * * * * * * * * *
[Original disclosure statement for policies that provide benefits upon both an
expense-incurred and fixed indemnity basis.]
IMPORTANT
NOTICE TO PERSONS ON MEDICARE THIS INSURANCE DUPLICATES SOME MEDICARE BENEFITS
|
This is not Medicare Supplement Insurance
This insurance pays a fixed limited reimbursement for expenses if you meet the
conditions listed in the policy. It also pays a fixed amount, regardless of
your expenses, if you meet other policy conditions. It does not pay your
Medicare deductibles or coinsurance and is not a substitute for Medicare
Supplement insurance.
This insurance duplicates Medicare benefits when:
* Any expenses or services covered by the policy are also covered by
Medicare, or
* It pays the fixed dollar amount stated in the policy and Medicare covers
the same event
Medicare generally pays for most or all of these expenses.
Medicare pays extensive benefits for medically necessary services regardless of
the reason you need them. These include:
* Hospitalization
* Physician services
* Hospice
* Other approved items and services
Before
You Buy This Insurance
|
3 Check the coverage in all health insurance policies you already have.
3 For more information about Medicare and Medicare Supplement insurance, review
the Guide to Health Insurance for People with Medicare, available from the
insurance company.
3 For help in understanding your health insurance, contact your state insurance
department or state senior insurance counseling program.
* * * * * * * * * *
[Original disclosure statement for policies that provide benefits upon both an
expense-incurred and fixed indemnity basis.]
IMPORTANT
NOTICE TO PERSONS ON MEDICARE THIS INSURANCE DUPLICATES SOME MEDICARE BENEFITS
|
This is not Medicare Supplement Insurance
This insurance pays limited reimbursement for expenses if you meet the
conditions listed in the policy. It also pays a fixed amount, regardless of
your expenses, if you meet other policy conditions. It does not pay your
Medicare deductibles or coinsurance and is not a substitute for Medicare
Supplement insurance.
This insurance duplicates Medicare benefits when:
* Any expenses or services covered by the policy are also covered by
Medicare, or
* It pays the fixed dollar amount stated in the policy and Medicare covers
the same event
Medicare generally pays for most or all of these expenses.
Medicare pays extensive benefits for medically necessary services regardless of
the reason you need them. These include:
* Hospitalization
* Physician services
* Hospice
* Other approved items and services
Before
You Buy This Insurance
|
3 Check the coverage in all health insurance policies you already have.
3 For more information about Medicare and Medicare Supplement insurance, review
the Guide to Health Insurance for People with Medicare, available from the
insurance company.
3 For help in understanding your health insurance, contact your state insurance
department or state senior insurance counseling program.
* * * * * * * * * *
[Original disclosure statement for other health insurance policies not
specifically identified in the preceding statements.]
IMPORTANT
NOTICE TO PERSONS ON MEDICARE THIS INSURANCE DUPLICATES SOME MEDICARE BENEFITS
|
This is not Medicare Supplement Insurance
This insurance pays limited benefits if you meet the conditions listed in the
policy. It does not pay your Medicare deductibles or coinsurance and is not a
substitute for Medicare Supplement insurance.
This insurance duplicates Medicare benefits when:
* The benefits stated in the policy and coverage for the same event is
provided by Medicare
Medicare generally pays for most or all of these expenses.
Medicare pays extensive benefits for medically necessary services regardless of
the reason you need them. These include:
* Hospitalization
* Physician services
* Hospice
* Other approved items and services
Before
You Buy This Insurance
|
3 Check the coverage in all health insurance policies you already have.
3 For more information about Medicare and Medicare Supplement insurance, review
the Guide to Health Insurance for People with Medicare, available from the
insurance company.
3 For help in understanding your health insurance, contact your state insurance
department or state senior insurance counseling program.
* * * * * * * * * *
[Alternative disclosure statement for policies that provide benefits for
expenses incurred for an accidental injury only.]
IMPORTANT
NOTICE TO PERSONS ON MEDICARE THIS IS NOT MEDICARE SUPPLEMENT INSURANCE
|
Some health care services paid for by Medicare may also trigger the payment of
benefits from this policy.
This insurance provides limited benefits, if you meet the policy conditions,
for hospital or medical expenses that result from accidental injury. It does
not pay your Medicare deductibles or coinsurance and is not a substitute for
Medicare Supplement insurance.
Medicare generally pays for most or all of these expenses.
Medicare pays extensive benefits for medically necessary services regardless of
the reason you need them. These include:
* Hospitalization
* Physician services
* Other approved items and services
This policy must pay benefits without regard to other health benefit coverage
to which you may be entitled under Medicare or other insurance.
Before
You Buy This Insurance
|
3 Check the coverage in all health insurance policies you already have.
3 For more information about Medicare and Medicare Supplement insurance, review
the Guide to Health Insurance for People with Medicare, available from the
insurance company.
3 For help in understanding your health insurance, contact your state insurance
department or state senior insurance counseling program.
* * * * * * * * * *
[Alternative disclosure statement for policies that provide benefits for
specified limited services.]
IMPORTANT
NOTICE TO PERSONS ON MEDICARE THIS IS NOT MEDICARE SUPPLEMENT INSURANCE
|
Some health care services paid for by Medicare may also trigger the payment of
benefits from this policy.
This insurance provides limited benefits, if you meet the policy conditions,
for expenses relating to the specific services listed in the policy. It does
not pay your Medicare deductibles or coinsurance and is not a substitute for
Medicare Supplement insurance.
Medicare pays extensive benefits for medically necessary services regardless of
the reason you need them. These include:
* Hospitalization
* Physician services
* Other approved items and services
This policy must pay benefits without regard to other health benefit coverage
to which you may be entitled under Medicare or other insurance.
Before
You Buy This Insurance
|
3 Check the coverage in all health insurance policies you already have.
3 For more information about Medicare and Medicare Supplement insurance, review
the Guide to Health Insurance for People with Medicare, available from the
insurance company.
3 For help in understanding your health insurance, contact your state insurance
department or state senior insurance counseling program.
* * * * * * * * * *
[Alternative disclosure statement for policies that reimburse expenses incurred
for specified diseases or other specified impairments. This includes
expense-incurred cancer, specified disease and other types of health insurance
policies that limit reimbursement to named medical conditions.]
IMPORTANT
NOTICE TO PERSONS ON MEDICARE THIS IS NOT MEDICARE SUPPLEMENT INSURANCE
|
Some health care services paid for by Medicare may also trigger the payment of
benefits from this policy. Medicare generally pays for most or all of these
expenses.
This insurance provides limited benefits, if you meet the policy conditions,
for hospital or medical expenses only when you are treated for one of the
specific diseases or health conditions listed in the policy. It does not pay
your Medicare deductibles or coinsurance and is not a substitute for Medicare
Supplement insurance.
Medicare generally pays for most or all of these expenses.
Medicare pays extensive benefits for medically necessary services regardless of
the reason you need them. These include:
* Hospitalization
* Physician services
* Hospice
* Other approved items and services
This policy must pay benefits without regard to other health benefit coverage
to which you may be entitled under Medicare or other insurance.
Before
You Buy This Insurance
|
3 Check the coverage in all health insurance policies you already have.
3 For more information about Medicare and Medicare Supplement insurance, review
the Guide to Health Insurance for People with Medicare, available from the
insurance company.
3 For help in understanding your health insurance, contact your state insurance
department or state senior insurance counseling program.
* * * * * * * * * *
[Alternative disclosure statement for policies that pay fixed dollar amounts
for specified diseases or other specified impairments. This includes cancer,
specified disease, and other health insurance policies that pay a scheduled
benefit or specific payment based on diagnosis of the conditions named in the
policy.]
IMPORTANT
NOTICE TO PERSONS ON MEDICARE THIS IS NOT MEDICARE SUPPLEMENT INSURANCE
|
Some health care services paid for by Medicare may also trigger the payment of
benefits from this policy.
This insurance pays a fixed amount, regardless of your expenses, if you meet
the policy conditions, for one of the specific diseases or health conditions
named in the policy. It does not pay your Medicare deductibles or coinsurance
and is not a substitute for Medicare Supplement insurance.
Medicare pays extensive benefits for medically necessary services regardless of
the reason you need them. These include:
* Hospitalization
* Physician services
* Hospice
* Other approved items and services
This policy must pay benefits without regard to other health benefit coverage
to which you may be entitled under Medicare or other insurance.
Before
You Buy This Insurance
|
3 Check the coverage in all health insurance policies you already have.
3 For more information about Medicare and Medicare Supplement insurance, review
the Guide to Health Insurance for People with Medicare, available from the
insurance company.
3 For help in understanding your health insurance, contact your state insurance
department or state senior insurance counseling program.
* * * * * * * * * *
[Alternative disclosure statement for indemnity policies and other policies
that pay a fixed dollar amount per day, excluding long-term care policies.]
IMPORTANT
NOTICE TO PERSONS ON MEDICARE THIS IS NOT MEDICARE SUPPLEMENT INSURANCE
|
Some health care services paid for by Medicare may also trigger the payment of
benefits from this policy.
This insurance pays a fixed dollar amount, regardless of your expenses, for
each day you meet the policy conditions. It does not pay your Medicare
deductibles or coinsurance and is not a substitute for Medicare Supplement
insurance.
Medicare generally pays for most or all of these expenses.
Medicare pays extensive benefits for medically necessary services regardless of
the reason you need them. These include:
* Hospitalization
* Physician services
* Other approved items and services
This policy must pay benefits without regard to other health benefit coverage
to which you may be entitled under Medicare or other insurance.
Before
You Buy This Insurance
|
3 Check the coverage in all health insurance policies you already have.
3 For more information about Medicare and Medicare Supplement insurance, review
the Guide to Health Insurance for People with Medicare, available from the
insurance company.
3 For help in understanding your health insurance, contact your state insurance
department or state senior insurance counseling program.
* * * * * * * * * *
[Alternative disclosure statement for policies that provide benefits upon both
an expense-incurred and fixed indemnity basis.]
IMPORTANT
NOTICE TO PERSONS ON MEDICARE THIS IS NOT MEDICARE SUPPLEMENT INSURANCE
|
Some health care services paid for by Medicare may also trigger the payment of
benefits from this policy.
This insurance pays limited reimbursement for expenses if you meet the
conditions listed in the policy. It also pays a fixed amount, regardless of
your expenses, if you meet other policy conditions. It does not pay your
Medicare deductibles or coinsurance and is not a substitute for Medicare
Supplement insurance.
Medicare generally pays for most or all of these expenses.
Medicare pays extensive benefits for medically necessary services regardless of
the reason you need them. These include:
* Hospitalization
* Physician services
* Hospice care
* Other approved items and services
This policy must pay benefits without regard to other health benefit coverage
to which you may be entitled under Medicare or other insurance.
Before
You Buy This Insurance
|
3 Check the coverage in all health insurance policies you already have.
3 For more information about Medicare and Medicare Supplement insurance, review
the Guide to Health Insurance for People with Medicare, available from the
insurance company.
3 For help in understanding your health insurance, contact your state insurance
department or state senior insurance counseling program.
* * * * * * * * * *
[Alternative disclosure statement for other health insurance policies not
specifically identified in the preceding statements.]
IMPORTANT
NOTICE TO PERSONS ON MEDICARE THIS IS NOT MEDICARE SUPPLEMENT INSURANCE
|
Some health care services paid for by Medicare may also trigger the payment of
benefits from this policy.
This insurance provides limited benefits, if you meet the conditions listed in
the policy. It does not pay your Medicare deductibles or coinsurance and is
not a substitute for Medicare Supplement insurance.
Medicare generally pays for most or all of these expenses.
Medicare pays extensive benefits for medically necessary services regardless of
the reason you need them. These include:
* Hospitalization
* Physician services
* Hospice
* Other approved items and services
This policy must pay benefits without regard to other health benefit coverage
to which you may be entitled under Medicare or other insurance.
Before
You Buy This Insurance
|
3 Check the coverage in all health insurance policies you already have.
3 For more information about Medicare and Medicare Supplement insurance, review
the Guide to Health Insurance for People with Medicare, available from the
insurance company.
3 For help in understanding your health insurance, contact your state insurance
department or state senior insurance counseling program.
[Filed Emergency 8/18/98, effective 8/18/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8323A
NATURAL RESOURCE COMMISSION[571]
Adopted and Filed Emergency After Notice
Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural
Resource Commission hereby adopts Chapter 29, "Local Recreation Infrastructure
Grants Program," Iowa Administrative Code.
Chapter 29 relates to application procedures, grant limits, project
eligibility, project evaluation criteria and other matters of project
administration.
Notice of Intended Action was published in the Iowa Administrative Bulletin on
June 17, 1998, as ARC 8083A.
A public hearing was held on July 7, 1998. Four letters of comment were
received, and 16 persons attended the public meeting, with two providing
additional comments and suggestions.
Changes made in response to public comments received will accomplish the
following:
1. Require that private entities making application must show they are acting
on behalf of a public entity.
2. Establish prevailing wage rates in the vicinity of the project as basis for
establishing value of donated labor or services.
3. Provide for "letters of intent" accompanying applications, indicating that
the city, county, organization or association making application by September
1, will have funds in its budget by March 15.
4. Add a sixth member to the project review committee to represent the vertical
infrastructure industry.
5. Establish three categories of projects stemming from committee review and
commission approval: those approved for immediate funding; those approved for
funding but placed on a reserve list; and those which are disapproved and
returned to the applicant.
6. Simplify project amendment provisions.
7. Clarify project start-up date and project completion dates, and allow for
the director to approve extensions.
8. Require applicants to state an expected project life and authorize the
director to seek recovery of remaining value of the grant if the project ceases
to be used for public recreation before the stated project life is reached.
9. Make other minor clarifying amendments.
Pursuant to Iowa Code section 17A.5(2)"b"(2) and (3), this chapter shall become
effective upon filing on August 21, 1998. The Department finds that this
chapter confers a benefit upon recreational providers and users in Iowa and, by
expeditiously implementing the cost-sharing program, potential grantees will be
in a better position to implement projects during the 1999 construction
season.
These rules are intended to implement Iowa Code section 8.57(5c).
These rules became effective upon filing on August 21, 1998.
The following new chapter is adopted:
CHAPTER 29
LOCAL RECREATION INFRASTRUCTURE
GRANTS PROGRAM
571--29.1(8) Purpose. The purpose of the local recreation
infrastructure grants program is to provide state cost sharing to communities,
counties, organizations and associations for the restoration or construction of
recreational complexes or facilities.
The Iowa department of natural resources, hereinafter referred to as the
department, will administer the local recreation infrastructure grants
program.
571--29.2(8) Definitions.
"Commission" means the natural resource commission created in Iowa Code section
455A.5.
"Department" means the department of natural resources created in Iowa Code
section 455A.2.
"Director" means the director of the department of natural resources.
"Infrastructure" is defined in Iowa Code section 8.57(5c) as "vertical
infrastructure" and includes only land acquisition and construction, major
renovation and major repair of buildings, all appurtenant structures,
utilities, site developments, and recreational trails.
571--29.3(8) Eligibility requirements. Grants shall be awarded to
local political subdivisions of the state and to any other established
organization or association which is duly authorized and charged with
responsibilities for construction, maintenance and operation of public
recreation complexes and facilities. Private entities making application must
demonstrate that they are acting on behalf of a public entity.
571--29.4(8) Assistance ceiling and cost share. Grants to any
individual project shall not exceed $100,000. Local project sponsors must
provide local funding at the rate of two local dollars for each state grant
dollar. Up to 50 percent of the local share may be a "soft match" in the form
of donated labor, materials or land value. An appraisal must be approved by
the department to serve as the basis for establishing the value of real
property if used to provide soft match. Prevailing wage rates in the vicinity
of the project shall serve as the basis for establishing the value of donated
labor or services.
571--29.5(8) Minimum grant amount. Applications for assistance
totaling less than $2,500 will not be considered.
571--29.6(8) Grant application submission.
29.6(1) Form of application. Grant applications shall be on forms and
shall follow guidelines provided by the department. Completed applications
shall provide sufficient detail as to clearly describe the scope of the
project.
29.6(2) Application timing. Grant applications (one original and six
copies) must be received in acceptable form by the Iowa Department of Natural
Resources, Wallace State Office Building, Des Moines, Iowa 50319-0034, by the
close of business on the first business day of September.
29.6(3) Local funding. An applicant shall certify that it has
committed its share of project costs before the 90 percent up-front grant
payment will be made. A "letter of intent" signed by the mayor, chairperson of
the board of supervisors, chairperson of the county conservation board, or the
CEO or chief financial officer of an agency or organization and submitted with
the application showing intent to include funds in finalized budgets by March
15 will be accepted as proof of commitment. Applicants must forward proof of
budgeting by April 1 or be removed from the list of approved projects.
29.6(4) Similar development projects. A single application for a
development project grant may include development on more than one area if that
development is of a like type.
571--29.7(8) Project review and selection.
29.7(1) Review and selection committee. A review and selection
committee, hereinafter referred to as the committee, comprised of six members
appointed by the director, two representing cities, two representing counties,
one representing other organizations or associations, and one having expertise
in the vertical infrastructure industry shall review and evaluate project
applications and shall develop funding recommendations to be forwarded to the
natural resource commission for approval.
29.7(2) Conflict of interest. If a project is submitted to the review
and selection committee by a city, county or other eligible sponsor, one of
whose members or employees is on the review and selection committee, that
individual shall not participate in discussion and shall not vote on that
particular project.
29.7(3) Consideration withheld. The committee will not consider any
application which, on the date of the selection session, is not complete or for
which additional pertinent information has been requested and not received.
29.7(4) Application rating system. The committee will apply a
numerical rating system to each grant application which is considered for fund
assistance. The criteria, with a weight factor for each, shall include the
following:
a. Public demand or need--weight factor of 2.
b. Quality of site or project--weight factor of 3.
c. Urgency of proposed project--weight factor of 2.
d. Multiple benefits provided--weight factor of 2.
e. Relationship to statewide plans/priorities--weight factor of 1.
f. Conformance with local/regional plans--weight factor of 2.
g. Economic benefits to local economies--weight factor of 1.
h. Geographic distribution--weight factor of 1.
Each criterion shall be given a score from 1 to 10, which is then multiplied by
the weight factor.
571--29.8(8) Rating system not used. If total grant requests are less
than the allotment available, the rating system will not be applied. All
applications will be reviewed by the review and selection committee for
eligibility to ensure they conform with the purpose of the program.
571--29.9(8) Applications not approved for funding. Applications which
have been considered but not approved for immediate funding or placed on the
reserve list shall be returned to the applicants.
571--29.10(8) Commission review. The commission will review all
committee recommendations as well as recommendations from the director and
staff of the department at the first commission meeting following the review
session. The commission may make alterations to the recommended priorities of
projects and may reject any application recommended for funding or may approve
any application not recommended by the committee or the director and staff.
Reasons for change or rejection of any recommended project must be
included in the motion to change the order or to reject any project.
Commission action will result in three categories of projects: (1) approved
for immediate funding; (2) approved for funding but placed on a reserve list to
be funded from current funding cycle in the event that higher ranking projects
fail to be implemented; and (3) disapproved for funding.
571--29.11(8) Grant amendments. Project amendments may be made upon
request by the applicant, subject to the availability of funds, and approval by
the director.
571--29.12(8) Timely commencement of projects. Grant recipients are
expected to carry out their projects in an expedient manner. The project
agreement signed by the sponsor and the director will include anticipated
start-up and completion dates. Projects shall be initiated no later than July
1 following their approval by the commission and shall be completed within one
year. Extensions must be approved by the director. Failure to initiate
projects in a timely manner may be cause for termination of the agreement and
cancellation of the grant.
571--29.13(8) Payments. Ninety percent of approved grant amounts may
be paid to project sponsors when requested, but not earlier than start-up of
the project. Ten percent of the grant total shall be withheld by the
department, pending successful completion and final site inspection, or until
any irregularities discovered as a result of a final site inspection have been
resolved.
571--29.14(8) Record keeping and retention. Grant recipients shall
keep adequate records relating to the administration of a project, particularly
relating to all incurred expenses. These records shall be available for audit
by representatives of the department and the state auditor's office. All
records shall be retained in accordance with state laws.
571--29.15(8) Eligible projects. Grants under this program are
directed toward "vertical infrastructure" as defined in Iowa Code section
8.57(5c).
571--29.16(8) Project life and recovery of funds. Applicants shall
state an expected project life which will become part of the project agreement.
Should the funded project cease to be used for public recreation before the
stated project life, the director may seek to recover the remaining value of
the grant award in the project.
571--29.17(8) Unlawful use of funds. Whenever any property, real or
personal, acquired or developed with grants under this program passes from the
control of the grantee or is used for purposes other than the approved project
purpose, it will be considered an unlawful use of the funds.
571--29.18(8) Remedy. Funds used without authorization, for purposes
other than the approved project purpose, or unlawfully must be returned to the
department for deposit in the account supporting this program. In the case of
diversion of personal property, the grantee shall remit to the department funds
in the amount of the original purchase price of the property. The grantee
shall have a period of two years after notification by the department in which
to correct the unlawful use of funds. The remedy provided in this rule is in
addition to others provided by law.
571--29.19(8) Ineligibility. Whenever the director determines that a
grantee is in violation of these rules, that grantee shall be ineligible for
further assistance until the matter has been resolved to the satisfaction of
the commission.
These rules are intended to implement Iowa Code section 8.57(5c).
[Filed Emergency After Notice 8/21/98, effective 8/21/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8324A
NATURAL RESOURCE COMMISSION[571]
Adopted and Filed Emergency After Notice
Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural
Resource Commission hereby amends Chapter 30, "Water Recreation Access
Cost-Share Program," Iowa Administrative Code.
This rule defines application procedures, grant limits, project eligibility,
application evaluation procedures and criteria and other matters of project
administration for a pilot program of lake rehabilitation pursuant to a special
legislative appropriation.
Notice of Intended Action was published July 1, 1998, as ARC 8130A and a
public hearing was held on July 21, 1998. No public comments were received on
the proposed rule. The amendment is identical to the Notice of Intended
Action.
Pursuant to Iowa Code section 17A.5(2)"b"(1) and (2), this amendment shall
become effective upon filing with the Administrative Rules Coordinator on
August 24, 1998. The Commission finds that emergency adoption of this rule is
necessary in order to establish authority for the Department to award funds to
local project sponsors in a timely manner.
This rule is intended to implement 1998 Iowa Acts, Senate File 2381.
The amendment became effective August 24, 1998.
The following amendment is adopted.
Amend 571--Chapter 30 by adopting the following new rule:
571--30.14(77GA,SF2381) Implementation of pilot program for state and local
cooperative lake rehabilitation. This rule provides for implementing a
pilot program of state and local cooperative lake rehabilitation, funded with a
special appropriation from the general assembly by 1998 Iowa Acts, Senate File
2381, and applies only to that special appropriation or subsequent
appropriations made for the same purpose.
30.14(1) Program goal. The goal of this program shall be to improve or
protect the quality of public inland lakes through state and local cooperative
efforts that include compilation of scientific data on lakes and their
watersheds of this state and assessment of experimental and innovative
techniques of lake rehabilitation and protection.
30.14(2) Definitions. As used in this rule, unless the context
otherwise requires:
"Lake rehabilitation" means the improvement or restoration of lakes and
watersheds from an undesirable or degraded condition to a former, less
deteriorated condition or to a condition of greater usefulness.
"Local project sponsor" means recreational lake districts established pursuant
to Iowa Code chapter 357E, local units of government, incorporated lake
protection or improvement associations or other associations of persons
directly affected by the deteriorated condition of lakes and willing to assist
financially in alleviating those deteriorated conditions.
"Plan" means a plan for lake and watershed restoration, rehabilitation or
enhancement that prescribes specific measures, judged feasible and
cost-effective, and endorsed by the department.
"Public lake" or "lake" means a natural water body or impoundment within the
boundaries of the state that is accessible to the public by way of contiguous
public lands or easements giving public access and does not include federal
flood control impoundments.
"Study" means a lake diagnostic feasibility study of a methodology and design
approved by the department.
30.14(3) Availability of funding and application procedures. Funding
appropriated by the legislature for this program shall be available for grants
to local project sponsors. Application for funding shall be made in a format
and on a date announced by the department.
30.14(4) Project review, selection and approval. Applications for
funding shall be reviewed by the committee established pursuant to rule
30.7(452A). The committee shall make recommendations to the director for
project funding. Projects in which the state grant exceeds $25,000 shall be
presented to the natural resource commission for approval.
30.14(5) Cost-share provisions. Local project sponsors shall match
each state dollar provided from this program with three dollars of local
project money raised. Federal funds, other nonstate public funds, in-kind
contributions and private funds raised by local project sponsors may be
combined to meet the local match requirement, subject to approval of the
department.
30.14(6) Eligible projects. Projects eligible for funding include
studies of public lakes that include gathering data on the lake, its drainage
basin, sources of pollution or nutrients, or other information necessary to
determine the causes of degradation and remedial courses of action to prevent
continued degradation or to determine potential causes of degradation and
preventive courses of action. Preparation of a lake protection and
rehabilitation plan developed under the direction of the department is also
eligible for funding.
30.14(7) Retroactivity. Expenses and activities related to diagnostic
feasibility studies occurring prior to the effective date of these rules may be
eligible for funding if they are part of a project approved for funding and if
the expenses and activities were necessary to record data or monitor lake
conditions that are affected by seasonal changes or other natural cycles.
30.14(8) Project agreements and disbursement of funds. Upon approval
of grant projects, the department and local project sponsor shall enter a
project agreement on a form prescribed by the department. The duration, amount
of funding and timing of disbursement of grant funds shall be stipulated in the
agreement.
[Filed Emergency After Notice 8/21/98, effective 8/24/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8326A
NATURAL RESOURCE COMMISSION[571]
Adopted and Filed Emergency After Notice
Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural
Resource Commission hereby amends Chapter 91, "Waterfowl and Coot Hunting
Seasons," Iowa Administrative Code.
These rules give the regulations for hunting waterfowl and coot and include
season dates, bag limits, possession limits, shooting hours, and areas open to
hunting.
State hunting seasons on migratory birds must be set within frameworks
established annually by the Fish and Wildlife Service, U.S. Department of the
Interior. These frameworks specify shooting hours, bag limits and possession
limits, as well as season lengths and outside dates. These frameworks were
finalized by the Service in late July. Therefore, adoption of a final rule by
the Department could not take place prior to this time.
Notice of Intended Action was published in the March 11, 1998, Iowa
Administrative Bulletin as ARC 7874A. A public hearing was held April
17, 1998. Several changes have been made as a result of changes in the federal
framework. The changes are as follows:
1. The bag and possession limits for pintail in 91.1(481A) have been reduced to
one and two, respectively.
2. The daily bag limit for Canada geese has been changed in 91.3(481A).
3. In the Notice of Intended Action, Item 5 added a new paragraph to 91.4(2).
That item has been deleted.
4. The statement "(including the right-of-way)" was added in four instances in
subrule 91.4(2).
5. In 91.6(481A), coots and Canada geese will now be legal during the youth
hunt and the word "duck" has been changed to "waterfowl".
The Department finds, pursuant to Iowa Code section 17A.5(2)"b"(2), that these
amendments confer a benefit on a segment of the public by becoming effective
immediately and that the usual effective date of these amendments would
unnecessarily restrict the public by delaying the opening of the waterfowl and
coot seasons. Therefore these amendments became effective upon filing with the
Administrative Rules Coordinator on August 21, 1998.
These amendments are intended to implement Iowa Code sections 481A.38, 481A.39
and 481A.48.
The following amendments are adopted.
ITEM 1. Amend rule 571--91.1(481A) as follows:
571--91.1(481A) Ducks (split season). Open season for hunting ducks
shall be September 20 19 to September
24 23, 1997 1998; October
11 10 to December 4 3,
1997 1998, in that portion of the state lying north of
a line beginning on the Nebraska-Iowa border at State Highway 175, southeast to
State Highway 37, east to U.S. Highway 59, south to I-80 and along I-80 east to
the Iowa-Illinois border; and September 20 19 to
September 24 23, 1997 1998;
October 18 17 to December 11
10, 1997 1998, in that portion of the state
lying south of a line beginning on the Nebraska-Iowa border at State Highway
175, southeast to State Highway 37, east to U.S. Highway 59, south to I-80 and
along I-80 east to the Iowa-Illinois border. Shooting hours are one-half hour
before sunrise to sunset each day.
91.1(1) Bag limit. The daily bag limit of ducks is 6, and may include
no more than 4 mallards (no more than 2 of which may be females), 1 black duck,
2 wood ducks, 3 1 pintail, 3 mottled ducks, 2 redhead
and 1 canvasback. The daily bag limit of mergansers is 5, only 1 of which may
be a hooded merganser.
91.1(2) Possession limit. The possession limit is twice the daily bag
limit.
ITEM 2. Amend rule 571--91.2(481A), introductory paragraph, as follows:
571--91.2(481A) Coots (split season). Same as duck season dates and
shooting hours. Open season for hunting coots shall be September
20 to September 24, 1997; October 11 to December 4, 1997, in that portion of
the state lying north of a line beginning on the Nebraska-Iowa border at State
Highway 175, southeast to State Highway 37, east to U.S. Highway 59, south to
I-80 and along I-80 east to the Iowa-Illinois border; and September 20 to
September 24, 1997; October 18 to December 11, 1997, in that portion of the
state lying south of a line beginning on the Nebraska-Iowa border at State
Highway 175, southeast to State Highway 37, east to U.S. Highway 59, south to
I-80 and along I-80 east to the Iowa-Illinois border. Shooting hours are
one-half hour before sunrise to sunset each day.
ITEM 3. Amend rule 571--91.3(481A) as follows:
571--91.3(481A) Geese. The north goose hunting zone is that part of
Iowa north of a line beginning on the Nebraska-Iowa border at State Highway
175, east to State Highway 37, southeast to U.S. Highway 59, south to I-80 and
along I-80 to the Iowa-Illinois border. The south goose hunting zone is the
remainder of the state. The open season for hunting Canada geese only is
September 13 12 and 14 13,
1997 1998, west of State Highway 63 in the north
goose hunting zone only. , except on the Big Marsh Wildlife
Area where the season will remain closed. The open season for hunting
Canada geese, white-fronted geese and brant is October 4
3 to December 12 11, 1997
1998, in the north goose hunting zone and October 4
3 to October 12 11 and October
18 17 to December 17 16,
1997 1998, in the south goose hunting zone. The open
season for hunting snow geese is October 4 3 to
December 31 29, 1997 1998,
statewide, and will reopen statewide from February 21
20 to March 10, 1998 1999. Shooting hours are
one-half hour before sunrise to sunset each day.
91.3(1) Bag limit. Daily bag limit is 2 Canada geese,
2 white-fronted geese, 2 brant, and 10 20 snow
geese, and 2 Canada geese through October 31 and 1 Canada goose thereafter,
except in the south zone where the daily bag limit is 2 Canada geese beginning
December 1.
91.3(2) Possession limit. Possession limit is 4 Canada geese, 4
white-fronted geese, 4 brant and 30 no possession limit
on snow geese.
ITEM 4. Amend subrule 91.4(2), paragraphs "d," "e," "i," and
"l," as follows:
d. Area four. Portions of Winnebago and Worth Counties bounded as follows:
Beginning at a point four two and one-half miles east
of Lake Mills, Iowa, at the junction of State Highway 105 and County Road
S16 S10 (also named Dogwood
Bluebill Ave.); thence south along said county road
County Road S10 (including the right-of-way), i.e.,
Dogwood Bluebill Ave., one and one-half
miles three-fourths mile to 440th 448th
St.; east two miles to Finch Ave.; thence south one mile to 430th St.;
thence west one-half mile thence east three-fourths mile on 448th
St. to Cardinal Ave.; thence south one-fourth mile to 445th St.; thence east
one-fourth mile to Cedar Ave.; thence south one-half mile on Cedar Ave. to
440th St.; thence east three-fourths mile on 440th St. to Dove Ave.; thence
south on Dove Ave. one-half mile to 435th St.; thence east one-fourth mile on
435th St. to Dove Ave.; thence south on Dove Ave. to County Road A34; thence
east one mile on County Road A34 (including the right-of-way) to Evergreen
Ave.; thence south two miles to County Road A38 (also named 410th St.); thence
west eight and one-half miles along County Road A38 including the right-of-way;
thence north four miles along County Road R72 (also named 210th Ave.)
(including the right-of-way); thence east along State Highway 69 approximately
one mile (including the right-of-way) to the intersection with
the State Highway 105; thence east along State Highway 105
(including the right-of-way) five miles to the point of beginning.
e. Area five. On any federal or state-owned lands or waters of the Rathbun
Reservoir Project west of State Highway 142 in Appanoose, Lucas, Monroe,
and Wayne Counties, including all federal, state, and county roads through or
immediately adjacent thereto.
i. Area nine. Portions of Monona and Woodbury Counties bounded as follows:
Beginning at the Iowa-Nebraska state line along the Missouri River in Monona
County at the southwest corner of the NW¼ of section 18, township 82
north, range 45 west; extending one and one-half miles east along an unnumbered
county road to the center of section 17, township 82 north, range 45 west; then
north one mile along county road to the center of section 8, township 82 north,
range 45 west; thence east one mile along county road to the intersection of
Monona County Roads K45 and E60; thence north and northwest approximately 20
miles along Monona County Road K45 to the junction with State Highway 970 in
Woodbury County; thence continuing northwest along State Highway 970
(including the right-of-way) approximately one and
one-half 13 miles to the intersection with Woodbury
County Road K42; thence northerly approximately 11 miles along County Road K42
to the intersection with 220th Street; thence west along 220th
Street about 6 miles to the junction with State Highway 970; thence continuing
west approximately 3 miles along the Sergeant Bluff Drainage Ditch to
the Iowa-Nebraska state line along the Missouri River; thence southerly along
the state line approximately 43 miles to the point of beginning.
l. Area twelve. Portions of Polk, Warren, Jasper, and Marion Counties bounded
as follows: Beginning at the junction of County Road G40 and Iowa Highway 14
in Marion County; thence north along Highway 14 to Iowa Highway 163 in Jasper
County; thence north and west along Highway 163 to Iowa Highway 46 in
Polk County State Highway 316 ; thence south and east along
Highway 46 316 (including the right-of-way) to Iowa
Highway 5 in Polk County; thence south and east along Highway
5 to County Road G40 in Marion County; thence east along County Road G40 to the
point of beginning.
ITEM 5. Amend subrule 91.5(1) as follows:
91.5(1) Ruthven, Kettleson-Hogsback, Ingham Lake and Rice Lake
closed area areas.
a. Purpose. This The experimental
hunting of Canada geese in the Ruthven closed
area areas is being undertaken to evaluate the
feasibility of allowing allow landowners or tenants who farm in
the these closed area areas to
hunt Canada geese on land they own or farm in the closed area.
b. Criteria.
(1) Landowners and tenants who own or farm land in the closed
area areas will be permitted to hunt Canada geese in
the closed area areas for three years. This
experimental hunting opportunity will be evaluated by the landowners and the
DNR following each season, at which time changes may be made.
(2) Landowners and those individuals named on the permit according to the
criteria specified in paragraph (9) of this subrule will be permitted to hunt
in the closed area. Tenants may obtain a permit instead of the landowner if
the landowner transfers this privilege to the tenant. Landowners may choose,
at their discretion, to include the tenant and those individuals of the
tenant's family specified in paragraph (9) of this subrule on their permit.
Landowners may assign the permit for their land to any landowner or tenant who
owns or farms at least eight acres inside the closed area. Assigned permits
must be signed by both the permittee and the landowner assigning the
permit.
(3) Landowners must hold title to, or tenants must farm by a rent/share/lease
arrangement, at least eight acres inside the closed area to qualify for a
permit.
(4) No more than one permit will be issued to corporations, estates, or other
legal associations that jointly own land in the closed area. No individual may
obtain more than two permits nor may an individual be named as a participant on
more than two permits.
(5) Persons holding a permit can hunt with those individuals named on their
permit as specified in paragraph (9) of this subrule on any property they own
(or rent/share/lease in the case of tenants) in the closed area provided their
activity complies with all other regulations governing hunting. Nothing herein
shall permit the hunting of Canada geese on public property within the closed
area.
(6) Persons hunting under this permit must adhere to all municipal, county,
state and federal regulations that are applicable to hunting and specifically
applicable to Canada goose hunting including, but not limited to: daily
limits, possession limits, shooting hours, methods of take, and transportation.
Hunting as authorized by this rule shall not be used to stir or rally
waterfowl.
(7) Hunting within the closed area will be allowed through October 15.
(8) Permit holders will be allowed to take eight Canada geese per year in the
closed area.
(9) Permits will be issued only to individual landowners or tenants; however,
permit holders must specify, when requesting a permit, the names of all other
individuals qualified to hunt on the permit. Individuals qualified to hunt on
the permit shall include the landowners or tenants and their spouses, children,
children's spouses, grandchildren, siblings and siblings' spouses only.
c. Procedures.
(1) Permits can be obtained from the local conservation officer at the
Ruthven wildlife unit headquarters within the closed
area at announced times, but no later than 48 hours before the first
Canada goose season opens. The permit will be issued to an individual
landowner or tenant and must list the names of all individuals that may hunt
with the permittee. The permit will also contain a description of the property
covered by the permit. The permit must be carried by a member of the hunting
party whose name is listed on the permit. Conservation officers will keep a
record of permittees and locations of properties that are covered by
permits.
(2) Eight consecutively numbered tags will be issued with each permit. Geese
will be tagged around the leg immediately upon being reduced to possession and
will remain tagged until delivered to the person's abode. Within one week of
the close of hunting within the closed area, unused tags are
to must be turned in at the Ruthven wildlife
unit headquarters within the closed area by the
permittee or the permittee must report the number of geese
killed. Failure to turn in unused tags or report the number of geese
killed within the specified time period may result in the permittee's
forfeiting the opportunity to hunt within the closed area the following
year.
(3) No one may attempt to take Canada geese under this permit unless
they possess the person possesses an unused tag for
the current year.
(4) No landowner or tenant shall be responsible or liable for violations
committed by other individuals listed on the permit issued to the landowner or
tenant.
ITEM 6. Amend rule 571--91.6(481A) as follows:
571--91.6(481A) Youth duck waterfowl hunt. A
special youth duck waterfowl hunt will be held
statewide on September 27 26, 1997
1998. Youth hunters must be 15 years old or younger. Each youth hunter
must be accompanied by an adult 18 years old or older. The youth hunter does
not need to have a hunting license or stamps. The adult must have a valid
hunting license and habitat stamp if normally required to have them to hunt and
a state waterfowl stamp. Only the youth hunter may shoot ducks, coots and
Canada geese. The adult may hunt for any other game birds for which the
season is open. The daily bag limit limits
is are the same as for the regular
duck waterfowl season, as defined in subrule
91.1(1), except the season for snow geese will not be open. The
possession limit is the same as the daily bag limit. All other hunting
regulations in effect for the regular duck waterfowl
season apply to the youth hunt.
[Filed Emergency After Notice 8/21/98, effective 8/21/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
FILED
ARC 8310A
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa
Department of Economic Development adopts a new Chapter 23, "Iowa Community
Development Block Grant," Iowa Administrative Code.
Notice of Intended Action was published in the Iowa Administrative Bulletin as
ARC 8137A on July 15, 1998. The IDED Board adopted the new chapter on
August 20, 1998.
The rules consolidate and clarify program requirements and set out new
application procedures and review proc-esses.
A public hearing was held on August 3, 1998. No comments concerning the
proposed rules were received from the public. The final rules are identical to
those published under Notice of Intended Action.
These rules are intended to implement Iowa Code section 15.108(1)"a."
These rules will become effective on October 14, 1998.
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 23] is being omitted. These rules are identical to
those published under Notice as ARC 8137A, IAB 7/15/98.
[Filed 8/20/98, effective 10/14/98]
[Published 9/9/98]
[For replacement pages for IAC, see IAC Supplement 9/9/98.]
ARC 8311A
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa
Department of Economic Development adopts amendments to Chapter 68, "Iowa
Export Trade Assistance Program," Iowa Administrative Code.
Notice of Intended Action was published in the Iowa Administrative Bulletin as
ARC 8138A on July 15, 1998. The IDED Board adopted the amendments on
August 20, 1998.
Existing program rules do not authorize reimbursement for the costs of
interpreters. Numerous companies have requested that this be changed, and the
Department agrees that such an expense is essential for the success of Iowa
companies attending international trade events. This amendment permits
eligible businesses to be reimbursed for the costs of an interpreter. The
second amendment adds a criterion that a company must satisfy before receiving
trade assistance under the ETAP program. To be eligible, a company must
provide proof of deposit or payment of the trade show or trade mission
participation fee. These amendments also update the reference to the
implementing legislation.
A public hearing was held on August 4, 1998. No comments concerning the
proposed amendments were received from the public. The final amendments are
identical to those published under Notice of Intended Action.
These amendments are intended to implement 1998 Iowa Acts, Senate File 2296,
section 1, subsection 4, paragraph "b."
These amendments will become effective on October 14, 1998.
The following amendments are adopted:
ITEM 1. Amend 261--Chapter 68 by striking "(77GA,HF655)" and inserting
"(77GA,SF2296)" wherever it appears.
ITEM 2. Amend rule 261--68.3(77GA,HF655) as follows:
261--68.3(77GA,HF655) (77GA,SF2296) Eligible
applicants. The export trade assistance program is available to Iowa firms
producing products or providing services in the state of Iowa. To be eligible
to receive trade assistance, applicants must meet all three
four of the following criteria:
1. Be an entity employing fewer than 500 individuals, 75 percent or more of
whom are employed within the state of Iowa. ,
2. Exhibit products or services or samples of Iowa manufactured, processed or
value-added products or agricultural commodities in conjunction with a foreign
trade show or trade mission (catalog exhibits are permitted if they are used in
conjunction with the exhibit of a product or service or in association with the
firm's participation in a trade mission), and
3. Have at least one full-time employee or sales agent attend the trade show or
participate in the trade mission. , and
4. Provide proof of deposit or payment of the trade show or trade mission
participation fee.
ITEM 3. Amend 261--68.4(77GA,HF655) as follows:
261--68.4(77GA,HF655) (77GA,SF2296) Eligible
reimbursements. The department's reimbursement to approved applicants for
assistance shall not exceed 75 percent of the expenses directly attributed to
the applicant's cost of participation in a trade show or trade mission. Total
reimbursement shall not exceed $4000 per event. Payments will be made by the
department on a reimbursement basis upon submission of proper documentation and
approval by the department of paid receipts to the bureau
received by the division. Reimbursement is limited to the following
types of expenses:
68.4(1) Trade shows.
a. Space rental.
b. Booth construction at show site.
c. Booth equipment or furniture rental.
d. Freight costs associated with shipment of equipment or exhibit materials to
the participant's booth and return.
e. Booth utility costs.
f. Interpreter fees.
f g. Per diem (lodging and meals) for the day
immediately before the opening day of the trade show through the day
immediately after the closing day of the trade show; per diem is calculated at
50 percent of the rate schedules provided by the U.S. Department of State for
travel in foreign areas; and per diem will be paid for only one employee.
68.4(2) No change.
ITEM 4. Amend the implementation clause at the end of 261--Chapter 68
as follows:
These rules are intended to implement 1997 Iowa Acts, House File 655,
section 1, subsection 4, paragraph "c." 1998 Iowa Acts, Senate File
2296, section 1, subsection 4, paragraph "b."
[Filed 8/20/98, effective 10/14/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8280A
EDUCATION DEPARTMENT[281]
Adopted and Filed
Pursuant to the authority of Iowa Code section 256.7(5), the Iowa State Board
of Education hereby rescinds Chapter 11, "General Approval Standards," Iowa
Administrative Code.
This chapter was replaced by Chapter 12 in 1989.
Since this process does not affect the public, no public hearing was held and
no written comments were received.
Notice of Intended Action was published in the Iowa Administrative Bulletin on
April 8, 1998, as ARC 7941A. The adopted amendment is identical to that
published under Notice.
This amendment will become effective on October 14, 1998.
This amendment is intended to implement Iowa Code section 256.11.
The following amendment is adopted.
Rescind and reserve 281--Chapter 11.
[Filed 8/10/98, effective 10/14/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8281A
EDUCATION DEPARTMENT[281]
Adopted and Filed
Pursuant to the authority of Iowa Code section 256.7(5), the Iowa State Board
of Education hereby adopts an amendment to Chapter 36, "Extracurricular
Interscholastic Competition," Iowa Administrative Code.
This amendment removes a particularly harsh consequence for violation of the
subrule and provides boards of education the authority and responsibility to
address nonschool team participation through local board policy.
Notice of Intended Action was published on May 6, 1998, in the Iowa
Administrative Bulletin as ARC 7977A. A public hearing was held on May
26, 1998. No written or oral comments were received. This amendment is
identical to that published under Notice.
This amendment was adopted on August 6, 1998, by the State Board of
Education.
This amendment will become effective October 14, 1998.
This amendment is intended to implement Iowa Code section 280.13.
The following amendment is adopted.
Rescind subrule 36.15(7) and adopt in lieu thereof the following
new subrule:
36.15(7) Nonschool team participation. The local school board
shall by policy determine whether or not participation in nonschool athletic
events during the same season is permitted and provide penalties for students
who may be in violation of the board's policy.
[Filed 8/10/98, effective 10/14/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8282A
EDUCATION DEPARTMENT[281]
Adopted and Filed
Pursuant to the authority of Iowa Code section 256.7(5), the Iowa State Board
of Education hereby adopts amendments to Chapter 64, "Child Development
Coordinating Council," Iowa Administrative Code.
These amendments comply with guidelines established by federal programs and
establish consistent time frames and guidelines for new programs to achieve
accreditation.
Notice of Intended Action was published in the April 8, 1998, Iowa
Administrative Bulletin as ARC 7943A. The adopted amendments are
identical to those published under Notice.
A public hearing was held on April 28, 1998, and no comments were received.
These amendments will become effective on October 14, 1998.
These amendments are intended to implement Iowa Code chapters 256A and 279.
The following amendments are adopted.
ITEM 1. Amend rule 281--64.2(256A,279), definition of "Low-income
family," as follows:
"Low-income family" means a family whose total income is or is
projected to be equal to or less than 125 percent of the federally established
poverty guidelines who meets the financial eligibility criteria for
free meals offered under the child nutrition program.
ITEM 2. Amend rule 281--64.7(256A,279), catchwords, as follows:
281--64.7(256A,279) Eligibility Primary
eligibility.
ITEM 3. Amend rule 281--64.7(256A,279) by adding a new subrule
as follows:
64.7(3) Enrollment criteria. Applicants must document the
number of children enrolled under primary eligibility and the criteria used for
enrollment.
ITEM 4. Amend rule 281--64.8(256A,279) as follows:
281--64.8(256A,279) Secondary eligibility.
64.8(1) Criteria. Up to 20 percent of the available
funded child development enrollment slots for at-risk may be filled by children
who are three or four years of age on or before September 15 or public school
enrollment slots by children who are three, four, or five years of age on or
before September 15; are above the income eligibility guidelines provided that
they are served on a sliding fee schedule determined at the local level; and
are eligible according to one or more of the following criteria if the
child:
1. Is functioning below chronological age in two or more developmental areas,
one of which may be English proficiency, as determined by an appropriate
professional;
2. Was born at biological risk, such as low birth weight (under 1500
grams--approximately three pounds) or with a diagnosed medical disorder, such
as spina bifida or Down's syndrome;
3. Was born to a parent who was under the age of 18; or
4. Resides in a household where one or more of the parents or guardian:
Has not completed high school;
Has been identified as a substance abuser;
Has been identified as chronically mentally ill;
Is illiterate;
Is incarcerated; or
Is a child or spouse abuser.
5. Has other special circumstances, such as foster care or being homeless.
The program may include children not at risk, provided they are at full pay and
meet other age requirements.
64.8(2) Enrollment criteria. Applicants must document
the number of children enrolled under secondary eligibility and the criteria
used for enrollment.
ITEM 5. Amend rule 281--64.15(256A,279), numbered paragraph "5,"
as follows:
5. Continuation programs shall participate in the Self-Study and Accreditation
Program of the National Academy of Early Childhood Programs.
Continuation programs not able to attain accreditation by April 15,
1995, and every April thereafter, may apply for a waiver of accreditation by
March 15, 1995, and every March thereafter. Programs shall have
two years from the date of initial funding to complete the self-study process.
Programs shall have three years from the date of initial funding to attain
accreditation. Programs unable to attain accreditation by the end of the
three-year period may apply for a waiver of accreditation by March 15 of the
third year. Waivers shall be awarded at the discretion of the council.
Programs not attaining accreditation or not receiving a waiver of accreditation
will be terminated.
ITEM 6. Amend rule 281--64.18(256A,279) as follows:
281--64.18(256A,279) Contract revisions and budget reversions.
The grantee shall immediately inform the department of any revisions in the
project budget. The department and the grantee may negotiate a revision to the
contract to allow for expansion or modification of services but shall not
increase the total amount of the grant. The council shall approve revised
contracts if the revision is in excess of 10 percent of a budget category.
Grantees who revert 3 percent or more of their program budget at the end of
the 1998 budget year, and every budget year thereafter, will have that dollar
amount permanently deducted from all subsequent grant awards.
[Filed 8/10/98, effective 10/14/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8306A
ENGINEERING AND LAND SURVEYING EXAMINING BOARD[193C]
Adopted and Filed
Pursuant to the authority of Iowa Code section 542B.6, the Engineering and Land
Surveying Examining Board hereby adopts an amendment to Chapter 1,
"Administration," Iowa Administrative Code.
This amendment will simplify the requirements to become licensed by comity.
This amendment is identical to the Notice of Intended Action published as
ARC 8181A July 15, 1998.
This amendment is intended to implement Iowa Code section 542B.14.
This amendment will become effective on October 14, 1998.
The following amendment is adopted.
Amend subrule 1.4(5), paragraph "f," as follows:
f. If a comity applicant did not have the required four years of
experience before writing the professional examination, the board may
offer the applicant an oral examination in lieu of retaking the written
examination if the applicant has 12 or more years' experience acceptable to the
board. A comity applicant with 25 or more years' experience acceptable to the
board may be considered for licensure even if that applicant lacked the
required experience before writing the professional examination
approve the application for licensure if the applicant satisfies all other
conditions of licensure, the applicant has not been disciplined in any other
jurisdiction, and the applicant has had at least five years of practical
engineering experience of a character satisfactory to the board since initial
licensure.
[Filed 8/20/98, effective 10/14/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8305A
ENGINEERING AND LAND SURVEYING EXAMINING BOARD[193C]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 355.3 and 542B.6, the
Engineering and Land Surveying Examining Board hereby adopts an amendment to
Chapter 2, "Minimum Standards for Property Surveys," Iowa Administrative
Code.
This amendment will further delineate the elements of a plat of survey.
This amendment is identical to the Notice of Intended Action published as
ARC 8182A July 15, 1998.
This amendment is intended to implement Iowa Code section 542B.2.
This amendment will become effective on October 14, 1998.
The following amendment is adopted.
Amend subrules 2.5(5) and 2.5(6) as follows:
2.5(5) The plat shall show documentation that record
title boundaries, centerlines, and other boundary lines were retraced to
monuments found or placed by the surveyor. The surveyor shall retrace the
exterior lines of a section to determine acreage for assessment and taxation
purposes.
2.5(6) The plat shall show that the survey is tied to a physically
monumented land line which is identified by two United States public land
survey system corners or by two physically monumented corners of a recorded
subdivision. The plat shall show a distance relationship measured by the
surveyor between the two corners on the physically monumented land line.
The physically monumented land line shall be germane to the survey of the lot,
parcel, or tract.
[Filed 8/20/98, effective 10/14/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8328A
ENVIRONMENTAL PROTECTION COMMISSION[567]
Adopted and Filed
Pursuant to the authority of Iowa Code section 455B.133, the Environmental
Protection Commission hereby amends Chapter 20, "Scope of
Title--Definitions--Forms--Rules of Practice," Chapter 22, "Controlling
Pollution," and Chapter 23, "Emission Standards for Contaminants," Iowa
Administrative Code.
This rule making implements 40 CFR Sections 63.40 through 63.44, as mandated by
Section 112(g) of the Clean Air Act. This section of the Act requires
case-by-case maximum available control technology (MACT) determinations to be
made for facilities proposing to construct or reconstruct major sources of
hazardous air pollutants (HAP), unless a HAP emission standard for the source
category has been promulgated under 40 CFR Part 63. For facilities considering
constructing or reconstructing such a source, this rule making would require
the submittal of a MACT determination application in addition to the air
construction permit application.
Notice of Intended Action was published in the Iowa Administrative Bulletin on
June 17, 1998, as ARC 8084A. These amendments were simultaneously
Adopted and Filed Emergency as ARC 8085A. A public hearing was held
July 17, 1998.
Three changes have been made as a result of comments received during the public
comment period. The first adds a reference to 40 CFR Section 63.2 in Items 2
and 5. This incorporates additional definitions. The second change is a minor
revision for clarification, and the third adds language to Item 5, so that
electric utility steam-generating units and research and development sources
are exempt from the case-by-case MACT requirements.
These amendments may impact small businesses.
These amendments shall become effective on October 14, 1998, at which time the
Adopted and Filed Emergency amendments are hereby rescinded.
These amendments are intended to implement Iowa Code section 455B.133.
The following amendments are adopted.
ITEM 1. Amend rule 567--20.2(455B) by adding the following
new definitions in alphabetical order:
"Maximum achievable control technology (MACT)" means the following regarding
regulated hazardous air pollutant sources:
1. For existing sources, the emissions limitation reflecting the maximum degree
of reduction in emissions that the administrator or the department, taking into
consideration the cost of achieving such emission reduction, and any non-air
quality health and environmental impacts and energy requirements, determines is
achievable by sources in the category of stationary sources, that shall not be
less stringent than the MACT floor.
2. For new sources, the emission limitation which is not less stringent than
the emission limitation achieved in practice by the best-controlled similar
source and which reflects the maximum degree of reduction in emissions that the
administrator or the department, taking into consideration the cost of
achieving such emission reduction, and any non-air quality health and
environmental impacts and energy requirements, determines is achievable by the
affected source.
"Maximum achievable control technology (MACT) floor" means the following:
1. For existing sources, the average emission limitation achieved by the best
12 percent of the existing sources in the United States (for which the
administrator or the department has or could reasonably obtain emissions
information), excluding those sources that have, within 18 months before the
emission standard is proposed or within 30 months before such standard is
promulgated, whichever is later, first achieved a level of emission rate or
emission reduction which complies, or would comply if the source is not subject
to such standard, with the lowest achievable emission rate applicable to the
source category and prevailing at the time, for categories and subcategories of
stationary sources with 30 or more sources in the category or subcategory, or
the average emission limitation achieved by the best-performing five sources in
the United States (for which the administrator or the department has or could
reasonably obtain emissions information), for a category or subcategory of
stationary sources with fewer than 30 sources in the category or
subcategory.
2. For new sources, the emission limitation achieved in practice by the
best-controlled similar source.
ITEM 2. Amend subrule 22.1(1) as follows:
22.1(1) Permit required. Unless exempted in subrule 22.1(2), no person
shall construct, install, reconstruct or alter any equipment, control equipment
or anaerobic lagoon without first obtaining a construction permit, or
conditional permit, or permit pursuant to 22.8(455B), or permits required
pursuant to 22.4(455B) and 22.5(455B) as required in this subrule. A permit
shall be obtained prior to the initiation of construction, installation or
alteration of any portion of the stationary source or anaerobic lagoon.
Existing sources built prior to September 23, 1970, are not subject to
this subrule, unless they have been modified, reconstructed, or altered on or
after September 23, 1970.
a. Existing sources. Sources built prior to September 23, 1970, are not
subject to this subrule, unless they have been modified, reconstructed, or
altered on or after September 23, 1970.
b. New or reconstructed major sources of hazardous air pollutants. No
person shall construct or reconstruct a major source of hazardous air
pollutants, as defined in 40 CFR 63.2 and 40 CFR 63.41 as amended through
December 27, 1996, unless a construction permit has been obtained from the
department, which requires maximum achievable control technology for new
sources to be applied. The permit shall be obtained prior to the initiation of
construction or reconstruction of the major source.
ITEM 3. Amend subrule 22.1(3), paragraph "b," by adding a
new subparagraph as follows:
(8) Application for a case-by-case MACT determination. If the source meets the
definition of construction or reconstruction of a major source of hazardous air
pollutants, as defined in paragraph 22.1(1)"b," then the owner or operator
shall submit an application for a case-by-case MACT determination, as required
in 567--subparagraph 23.1(4)"b"(1), with the construction permit application.
In addition to this paragraph, an application for a case-by-case MACT
determination shall include the following information:
1. The hazardous air pollutants (HAP) emitted by the constructed or
reconstructed major source, and the estimated emission rate for each HAP, to
the extent this information is needed by the permitting authority to determine
MACT;
2. Any federally enforceable emission limitations applicable to the constructed
or reconstructed major source;
3. The maximum and expected utilization of capacity of the constructed or
reconstructed major source, and the associated uncontrolled emission rates for
that source, to the extent this information is needed by the permitting
authority to determine MACT;
4. The controlled emissions for the constructed or reconstructed major source
in tons/yr at expected and maximum utilization of capacity to the extent this
information is needed by the permitting authority to determine MACT;
5. A recommended emission limitation for the constructed or reconstructed major
source consistent with the principles set forth in 40 CFR Part 63.43(d) as
amended through December 27, 1996;
6. The selected control technology to meet the recommended MACT emission
limitation, including technical information on the design, operation, size,
estimated control efficiency of the control technology (and the manufacturer's
name, address, telephone number, and relevant specifications and drawings, if
requested by the permitting authority);
7. Supporting documentation including identification of alternative control
technologies considered by the applicant to meet the emission limitation, and
analysis of cost and non-air quality health environmental impacts or energy
requirements for the selected control technology;
8. An identification of any listed source category or categories in which the
major source is included.
ITEM 4. Amend subrule 23.1(4), introductory paragraph, as follows:
23.1(4) Emission standards for hazardous air pollutants for source
categories. The federal standards for emissions of hazardous air pollutants
for source categories, 40 Code of Federal Regulations Part 63 as amended
through August 11, 1997, are adopted by reference, except 40 CFR §§
63.12, 63.14, 63.15, 63.40 through 63.44, 63.40(a),
63.42(a), (b), 63.43(c), (f)-(m), 63.50, 63.560 (b),
(e)(2), (3), and 63.562 (c), (d), and shall apply to the following affected
facilities.
The corresponding 40 CFR Part 63 Subpart designation is in parentheses. 40
CFR Part 63 Subpart B incorporates the requirements of Clean Air Act Sections
112(g) and 112(j) and does not adopt standards for a specific affected
facility. Test methods (Appendix A), sources defined for early reduction
provisions (Appendix B), and determination of the fraction biodegraded
(Fbio) in the biological treatment unit (Appendix C) of Part 63 also
apply to the affected activities or facilities. For the purpose of this
subrule "Hazardous air pollutant" has the same meaning found in
567--22.100(455B). For the purposes of this subrule a "major source" means any
stationary source or group of stationary sources located within a contiguous
area and under common control that emits or has the potential to emit
considering controls, in the aggregate, 10 tons per year or more of any
hazardous air pollutant or 25 tons per year or more of any combination of
hazardous air pollutants, unless a lesser quantity is established, or in the
case of radionuclides, where different criteria are employed. For the purposes
of this subrule an "area source" means any stationary source of hazardous air
pollutants that is not a major stationary source as defined in this paragraph.
Paragraph 23.1(4)"a," general provisions (Subpart A) of Part 63, shall apply to
owners or operators who are subject to subsequent subparts of 40 CFR 63 (except
when otherwise specified in a particular subpart or in a relevant standard) as
adopted by reference below.
ITEM 5. Amend subrule 23.1(4), paragraph "b," as follows:
b. Requirements for control technology determinations for major sources in
accordance with Clean Air Act Sections 112(g) and 112(j). (Subpart
B)
(1) Section 112(g) requirements. For the purposes of this subparagraph, the
definitions shall be the same as the definitions found in 40 CFR 63.2 and 40
CFR 63.41 as amended through December 27, 1996. The owner or operator of a new
or reconstructed major source of hazardous air pollutants must apply maximum
achievable control technology (MACT) for new sources to the new or
reconstructed major source. If the major source in question has been
specifically regulated or exempted from regulation under a standard issued
pursuant to Section 112(d), Section 112(h), or Section 112(j) of the Clean Air
Act and incorporated in another subpart of 40 CFR Part 63, excluded in 40 CFR
63.40 (e) and (f), or the owner or operator of such major source has received
all necessary air quality permits for such construction or reconstruction
project before June 29, 1998, then the major source in question is not subject
to the requirements of this subparagraph. The owner or operator of an affected
source shall apply for a construction permit as required in 567--paragraph
22.1(1)"b." The construction permit application shall contain an application
for a case-by-case MACT determination for the major source.
(2) Section 112(j) requirements. The owner or operator of a new or
existing major source of hazardous air pollutants which includes one or more
stationary sources included in a source category or subcategory for which the
U.S. Environmental Protection Agency has failed to promulgate an emission
standard within 18 months of the deadline established under 112(d) must submit
an application for a Title V permit or an application for a significant permit
modification or for an administrative amendment, whichever is applicable. The
application must be made in accordance with procedures established under Title
V, by the Section 112(j) deadline. In
addition, the owner or operator of a new emission unit may submit an
application for a Notice of MACT Approval before construction.
(Subpart B)
[Filed 8/21/98, effective 10/14/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8329A
ENVIRONMENTAL PROTECTION COMMISSION[567]
Adopted and Filed
Pursuant to the authority of Iowa Code section 455B.133, the Environmental
Protection Commission hereby amends Chapter 22, "Controlling Pollution," and
Chapter 23, "Emission Standards for Contaminants," Iowa Administrative Code.
This rule making adopts by reference the new and revised acid rain exemptions
and the national emission standard for hazardous air pollutant (NESHAP) for
primary aluminum reduction plants. It also reestablishes the original
compliance dates for submittal of the Title V, voluntary, and small source
operating permit applications.
Item 1 corrects an internal citation.
Item 2 reestablishes the original compliance date for submittal of the Title V
operating permit application.
Item 3 rescinds the former acid rain new unit exemption and adopts by reference
acid rain exemptions for new unit exemption, retired unit exemptions, and
industrial utility-unit exemption. The revisions to the new unit and retired
unit exemptions made the exemption process more automatic by making the
exemption effective for the entire year in which the petition was submitted.
The revisions also streamline the petition for exemption process by eliminating
the requirement for public notification on the petition. The industrial
utility-unit exemption is new. The U.S. Environmental Protection Agency had
stated that no allowances would be allocated to industrial utility-units under
Section 405 of the Clean Air Act of 1990. Because of this they promulgated a
limited exemption for industrial utility-units that served, at any time
starting in 1985, a generator that produced electricity for sale.
Item 4 rescinds the former acid rain retired unit exemption. The revised
retired unit exemption was adopted by reference in Item 3.
Item 5 reestablishes the original compliance date for submittal of the
voluntary operating permit application.
Item 6 revises language to exclude violations of the requirement to obtain a
Title V operating permit from the compliance certification for voluntary
operating permits.
Item 7 reestablishes the original compliance date for submittal of the small
source operating permit application.
Item 8 adds language for clarification.
Item 9 adopts the NESHAP for primary aluminum reduction plants by reference.
This adoption establishes standards for each new or existing potline, paste
production plant, and anode bake furnace associated with a primary aluminum
reduction plant, and for each new pitch storage tank associated with a primary
aluminum production plant.
The Notice of Intended Action was published in the Iowa Administrative Bulletin
on June 17, 1998, as ARC 8087A. A public hearing was held July 17,
1998. One change has been made to the Notice of Intended Action as a result of
a comment received during the public comment period. Additional language was
added to Item 9 for clarification.
These amendments may impact small business.
These amendments are intended to implement Iowa Code section 455B.133.
These amendments shall become effective October 14, 1998.
The following amendments are adopted.
ITEM 1. Amend subrule 22.103(2), paragraph "a," subparagraph
(2), as follows:
(2) A storage tank which contains no volatile organic compounds above a vapor
pressure of 0.75 pounds per square inch at the normal operating temperature of
the tank when other emissions from the tank do not exceed the levels in
paragraph 22.103(2) "b." subparagraph
22.103(2)"a"(1).
ITEM 2. Amend subrule 22.105(1), paragraph "a," as follows:
a. Timely application. Each source applying for a Title V permit shall submit
an application:
(1) By November 15, 1994, if source was existing on or before April 20,
1994, for the first time submittals of Title V permit applications. However,
a source may choose to defer submittal of Part 2 of the permit application
until December 31, 1995. The department will mail notice of the deadline for
Part 2 of the permit application to all applicants who have filed Part 1 of the
application by October 17, 1995.
(1) (2) At least 6 months but not more than 18 months
prior to the date of permit expiration if the application is for a permit
renewal.
(2) (3) By January 1, 1996, (for sulfur dioxide) or
by January 1, 1998, (for nitrogen oxides) if the application is for an
initial Phase II acid rain permit.
(3) (4) At least 6 months prior to any planned
significant modification of a Title V permit. See rule 22.113(455B).
(4) (5) Within 12 months of commencing operation for a
source subject to 112(g) of the Act or subject to rule 22.4(455B) (prevention
of significant deterioration permitting) or subject to rule 22.5(455B)
(nonattainment area permitting). Where an existing Title V permit would
prohibit such construction or change in operation, the source must obtain a
Title V permit revision before commencing operation.
(5) (6) Within 12 months of becoming subject to this
rule for a new source or a source which has become subject to the Title V
permit requirement after April 20, 1994.
ITEM 3. Rescind rule 567--22.123(455B) and adopt the following
new rule in lieu thereof:
567--22.123(455B) Acid rain exemptions.
22.123(1) New unit exemption. The new unit exemption, as specified in
40 CFR §72.7, as amended through October 24, 1997, except for 40 CFR
§72.7(c)(1)(i), is adopted by reference. This exemption applies to new
utility units.
22.123(2) Retired unit exemption. The retired unit exemption, as
specified in 40 CFR §72.8, as amended through October 24, 1997, is adopted
by reference. This exemption applies to any affected unit that is permanently
retired.
22.123(3) Industrial utility-unit exemption. The industrial
utility-unit exemption, as specified in 40 CFR §72.14, as amended through
October 24, 1997, is adopted by reference. This exemption applies to any
noncogeneration utility unit.
ITEM 4. Rescind and reserve rule 567--22.124(455B).
ITEM 5. Amend subrule 22.203(1), paragraph "a," as follows:
a. Timely application. Each source applying for a voluntary operating permit
shall submit an application:
(1) By July 1, 1996, if the source is existing on or before July 1, 1995,
unless otherwise required to obtain a Title V permit under rule
22.101(455B);
(1) (2) At least 6 months but not more than 12 months
prior to the date of expiration if the application is for renewal;
(2) (3) Within 12 months of becoming subject to
this rule 22.101(455B) for a new source or a source
which would otherwise become subject to the Title V permit requirement after
July 1, 1995.
ITEM 6. Amend subrule 22.203(2), paragraph "e," subparagraph
(1), as follows:
(1) Certification of compliance for the prior year with all applicable
requirements with an exception for violations of subrule
subrules 22.1(1) and 22.105(1);
ITEM 7. Amend subrule 22.300(8), paragraph "a," subparagraph
(1), as follows:
(1) Timely registration. Each source registering for an operating permit by
rule for small sources shall submit a registration form:
1. By August 1, 1996, if the source became subject to rule 22.101(455B) on
or before August 1, 1995, unless otherwise required to obtain a Title V permit
under rule 22.101(455B).
2. Within within 12 months of becoming subject to rule
22.101(455B) (the requirement to obtain a Title V operating permit) for a new
source or a source which would otherwise become subject to the Title V permit
requirement after August 1, 1995.
ITEM 8. Amend subrule 23.1(1) as follows:
23.1(1) In general. The federal standards of performance for new
stationary sources (new source performance standards) shall be applicable as
specified in subrule 23.1(2). The federal standards for hazardous air
pollutants (national emission standards for hazardous air pollutants) shall be
applicable as specified in subrule 23.1(3). The federal standards for
hazardous air pollutants for source categories (national emission standards for
hazardous air pollutants for source categories) shall be applicable as
specified in subrule 23.1(4). The federal emission guidelines (emission
guidelines) shall be applicable as specified in subrule 23.1(5).
Compliance with emission standards specified elsewhere in this chapter shall be
in accordance with 567-Chapter 21.
ITEM 9. Amend subrule 23.1(4) by adding the following new
paragraph:
p. Emission standards for primary aluminum reduction plants. These standards
apply to each new or existing potline, paste production plant, or anode bake
furnace associated with a primary aluminum reduction plant, and for each new
pitch storage tank associated with a primary aluminum production plant, except
existing furnaces not located on the same site as the primary aluminum
reduction plant. (Subpart LL)
[Filed 8/21/98, effective 10/14/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8327A
ENVIRONMENTAL PROTECTION COMMISSION[567]
Adopted and Filed
Pursuant to the authority of Iowa Code section 455B.133, the Environmental
Protection Commission hereby amends Chapter 28, "Ambient Air Quality
Standards," Iowa Administrative Code.
This amendment adopts by reference the new federal PM2.5 and revised
PM10 and ozone National Ambient Air Quality Standards (NAAQS), which
became effective on September 16, 1997. The U.S. Environmental Protection
Agency amended the existing NAAQS for ozone and promulgated a new annual and
24-hour PM2.5 NAAQS to better protect public health, especially the
health of those at higher risk, such as children, the elderly, and individuals
with preexisting heart or lung diseases. Revisions were also made which
relaxed the current PM10 NAAQS. The federal Clean Air Act requires
that each NAAQS be reviewed and possibly revised to reflect the most recent
health information available.
Notice of Intended Action was published in the Iowa Administrative Bulletin on
June 17, 1998, as ARC 8086A. Three public hearings were held. At the
request of the Commission, a sentence was added to clarify implementation of
these rules.
This amendment may impact small businesses.
This amendment is intended to implement Iowa Code section 455B.133.
This amendment will become effective October 14, 1998.
The following amendment is adopted.
Amend rule 567--28.1(455B) as follows:
567--28.1(455B) Statewide standards. The state of Iowa ambient air
quality standards shall be the National Primary and Secondary Ambient Air
Quality Standards as published in 40 Code of Federal Regulations Part 50 (1972)
and as amended at 38 Federal Register 22384 (September 14, 1973), 43 Federal
Register 46258 (October 5, 1978), and 44 Federal Register
8202, 8220 (February 9, 1979), and 52 Federal Register
24634-24669 (July 1, 1987), and 62 Federal Register 38651-38760, 38855-38896
(July 18, 1997). The department shall implement these rules in a time
frame and schedule consistent with implementation schedules in federal laws,
regulations and guidance documents.
[Filed 8/21/98, effective 10/14/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8285A
HUMAN SERVICES DEPARTMENT[441]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 217.6, 234.6, and 249A.4, and
1998 Iowa Acts, Senate File 2410, section 12, subsection 3, section 15,
subsection 18, section 32, subsection 14, and section 80, the Department of
Human Services hereby amends Chapter 7, "Appeals and Hearings," Chapter 78,
"Amount, Duration and Scope of Medical and Remedial Services," Chapter 130,
"General Provisions," Chapter 133, "IV-A Emergency Assistance Program," Chapter
152, "Contracting," Chapter 156, "Payments for Foster Care and Foster Parent
Training," Chapter 181, "Family Preservation Supportive and Nonrehabilitative
Treatment Services," Chapter 182, "Family-Centered Services," Chapter 185,
"Rehabilitative Treatment Services," Chapter 201, "Subsidized Adoptions," and
Chapter 202, "Foster Care Services," appearing in the Iowa Administrative
Code.
These amendments combine three Notices of Intended Action.
The Seventy-seventh General Assembly in 1998 Iowa Acts, Senate File 2410,
directed the Department to develop a new rehabilitative treatment and
supportive services authorization model, including a toll-free telephone number
for preauthorization on or before November 1, 1998. Notwithstanding 1997 Iowa
Acts, chapter 208, section 12, subsection 18, which required the Department to
eliminate the current Clinical Assessment and Consultation Teams (CACT), the
Department was given authority to extend the existence of the current CACT
until October 31, 1998.
The legislation further required that the new model be developed and
implemented in a manner so as to streamline the authorization process, to
reduce paperwork and other information requirements to the minimum level
necessary for compliance with federal requirements, and to ensure timely
response to authorization requests.
The amendments noticed as ARC 8122A revise the authorization process for
Rehabilitative Treatment and Supportive Services as follows. In addition,
various incorrect rule references are updated for clarity.
* The Clinical Assessment and Consultation Teams are replaced by a "review
organization" which is designated by the Department to complete service
authorizations. The Department has designated the Iowa Foundation for Medical
Care (IFMC) as its review organization at this time. Effective August 15,
1998, IFMC will begin taking requests for authorization from some referral
workers. Transition to the new authorization process will be completed
statewide by November 1, 1998.
* The new authorization process requires the referral worker to telephone
the review organization and relay oral information instead of transferring the
needed information in documents. The review organization is required to
provide an immediate decision at the time of the telephone contact by the
referral worker. If additional information is required for the authorization,
the review organization is required toprocess the authorization within one day
of receipt of the additional information requested from the referral worker.
* Specific criteria for eligibility and authorization denials have been
added to be consistent with the minimum federal requirements and provide
specific information about the basis of approval or denial by the review
organization. The review organization is required to maintain documentation at
the minimum level necessary for compliance with federal requirements.
* After-hours authorization by the review organization is eliminated and
supervisory approval prior to initiating family preservation is required when
there is imminent risk of placement or an emergency protective need. The
referral worker must then contact the review organization for approval on the
next business day.
* The appeal process is changed to include reconsideration by the review
organization prior to filing an appeal.
The amendments noticed as ARC 8102A raise financial eligibility for
child day care services from 125 to 140 percent of the federal poverty
guidelines except as set forth below and update income guidelines and the fees
parents pay for child day care services based on their monthly gross income to
be consistent with the federal poverty guidelines for 1998.
The financial eligibility for families with children with special needs is
increased from 155 to 175 percent of the federal poverty level. The financial
eligibility for families who have received Transitional Child Care for 24
consecutive months is established at 155 percent of the federal poverty level.
Children requiring protective child day care are eligible without regard to
income.
The amendments noticed as ARC 8098A implement the following changes
mandated by the Seventy-seventh General Assembly:
* The maximum foster family basic monthly maintenance rate and the maximum
adoption subsidy rate for children remain at 70 percent of the United States
Department of Agriculture's estimate of the cost to raise a child in the
Midwest with a cost-of-living increase added for Fiscal Year 1999.
The daily foster family care and adoption payment rates are increased as
follows: for a child aged 0 through 5 from $13.01 to $13.45, for a child aged 6
through 11 from $13.77 to $14.25, for a child aged 12 through 15 from $15.48 to
$15.96, and for a child aged 16 and over from $15.47 to $15.96.
* The regional budget target for children in group care is revised to
reflect the new appropriation amount of $30,923,872 and the amount of
$1,392,457 to be targeted to provision of 50 highly structured juvenile program
beds.
* The formula for allocating a portion of the statewide budget target for
group care services to each of the Department's regions is revised to adjust
one factor used in the formula.
* Responsibility for working with the Department to ensure that a region's
group care expenditures shall not exceed allocated funds is changed from the
court to juvenile court services.
* A provision is added to require the Department and juvenile court
services to review all group care placements in a region to identify those
which might be appropriate for termination if annualization of the region's
expenditures for group care indicates the region will exceed its allocated
amount for group care by more than 5 percent.
The Council on Human Services adopted these amendments August 12, 1998.
The amendments noticed as ARC 8122A in the July 1, 1998, Iowa
Administrative Bulletin were previously Adopted and Filed Without Notice and
published in the July 1, 1998, Iowa Administrative Bulletin as ARC
8123A.
The amendments noticed as ARC 8098A and ARC 8102A in the July 1,
1998, Iowa Administrative Bulletin were previously Adopted and Filed Emergency
and published in the July 1, 1998, Iowa Administrative Bulletin as ARC
8099A and ARC 8103A, respectively.
The amendments noticed as ARC 8098A and ARC 8122A are identical
to those published under Notice of Intended Action.
The following revision was made to the amendments noticed as ARC
8102A:
Subrule 130.3(1), paragraph "d," subparagraph (2), was revised to agree with
changes to the waiting list priorities (see ARC 8296A herein) which will
be effective November 1, 1998, and to correct rule references.
These amendments are intended to implement Iowa Code sections 234.6, 234.38,
and 249A.4 and 1998 Iowa Acts, Senate File 2410, section 12, subsection 3,
section 15, subsection 2, paragraphs "a," "b," "d," and "e," and subsection 18,
and section 32, subsection 4.
These amendments shall become effective November 1, 1998, at which time the
Adopted and Filed Without Notice and the Adopted and Filed Emergency amendments
are hereby rescinded.
EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review
Committee published in the Iowa Administrative Bulletin, September 10, 1986,
the text of these amendments [amendments to Chs 7, 78, 130, 133, 152, 156, 181,
182, 185, 201, 202] is being omitted. With the exception of the change noted
above, these amendments are identical to those published under notice as ARC
8098A, ARC 8102A, and ARC 8122A, IAB 7/1/98.
[Filed 8/12/98, effective 11/1/98]
[Published 9/9/98]
[For replacement pages for IAC, see IAC Supplement 9/9/98.]
ARC 8286A
HUMAN SERVICES DEPARTMENT[441]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 234.6 and 249A.4, and 1998 Iowa
Acts, Senate File 2410, section 5, subsection 5, section 7, subsection 13, and
sections 9 and 80, and House File 2517, section 14, the Department of Human
Services hereby amends Chapter 9, "Public Records and Fair Information
Practices," Chapter 41, "Granting Assistance," Chapter 65, "Administration,"
Chapter 75, "Conditions of Eligibility," Chapter 76, "Application and
Investigation," Chapter 83, "Medicaid Waiver Services," and Chapter 95,
"Collections," appearing in the Iowa Administrative Code.
The Council on Human Services adopted these amendments August 12, 1998. These
amendments combine three Notices of Intended Action. Notices of Intended
Action regarding these amendments were published in the Iowa Administrative
Bulletin on June 17, 1998, as ARC 8067A, and on July 1, 1998, as ARC
8110A and ARC 8118A.
The amendments noticed as ARC 8110A and ARC 8118A were previously
Adopted and Filed Emergency and published in the July 1, 1998, Iowa
Administrative Bulletin as ARC 8111A and ARC 8119A,
respectively.
* The amendments noticed as ARC 8067A restore a current Medically
Needy policy that was inadvertently deleted from the rules at the time the
Medicaid rules were rewritten to delink from the Family Investment Program,
allow an adjustment to spenddown when an unpaid Medicaid-covered service has
been used to meet spenddown and a paid claim is subsequently received, allow a
Medicaid claim to be submitted to the fiscal agent up to 12 months after the
certification period ended, revise the definition for "Break in assistance,"
change FIP-related or ADC-related to FMAP-related in several rules that were
previously overlooked, and update form numbers.
The client will be able to request an adjustment when an unpaid claim was used
to meet spenddown so that a paid claim can be used. This will allow an unpaid
claim to be paid by Medicaid rather than be used to meet spenddown. This will
help the client and the provider. This situation happens when an unpaid claim
is entered into the Medically Needy Spenddown Control (MNSC) system and is used
to meet spenddown before the paid claim is received.
Consultec will be operating the MNSC system in the future. Providers currently
may submit claims to Consultec to be used for spenddown. When Consultec takes
over the spenddown system, a provider may submit a claim that will be used for
spenddown and if there is a remaining amount after spenddown is met, the
remaining amount will be paid. It will not be necessary for the provider to
submit the claim again for payment. Providers have up to one year to submit
claims. Therefore, providers should also be allowed up to one year to submit
claims for meeting spenddown.
* The amendments noticed as ARC 8118A eliminate the requirement that
the first $50 of assigned, current monthly child support collected and retained
by the Department be paid to the FIP participant and provide Medicaid coverage
under the Mothers and Children (MAC) coverage group to children, up to the age
of 19, living in families with incomes that do not exceed 133 percent of the
federal poverty level.
FIP participants will no longer get the payment (called "rebate") from assigned
child support collected and retained for the month of July 1998 or any month
thereafter. However, FIP participants who are currently eligible to receive
rebates will be entitled to a rebate based on assigned support collected and
retained for the month of June 1998 or earlier even though the payment may not
be authorized until July 1 or later.
There is no change in the treatment of support received and retained by a FIP
applicant or participant. The Department will not count the first $50 for FIP
eligibility or benefits, as is done under current FIP rules. This promotes
consistency between the FIP- and FMAP-related medical programs.
Elimination of the rebate payment began July 1, 1997, as required by 1997 Iowa
Acts, chapter 208, section 3, subsection 5. (See ARC 7321A in the July
2, 1997, Iowa Administrative Bulletin.) However, chapter 208 affected only
those households which were approved for FIP on or after July 1, 1997.
Households active on FIP on June 30, 1997, remained eligible for rebates until
their FIP eligibility stopped. They could not get the rebate again if they
later reapplied and were approved for FIP.
Consequently, these amendments affect only those households which have remained
active on FIP since June 1997 and are thus eligible for rebates.
Increasing the income limit to 133 percent of the federal poverty level for all
children up to the age of 19 will greatly simplify the Medicaid program and
provide coverage to children who do not currently qualify for coverage. The
current Medicaid income guidelines for children are based on the child's age
and the family income. As a result of differing income thresholds for
children, depending on their age, some children in a family may be eligible for
Medicaid while others are not.
These amendments also clarify household composition issues created by
increasing the income limit for all children up to the age of 19.
* The amendments noticed as ARC 8110A remove the requirement that an
individual must have previously resided in a nursing facility or an
intermediate care facility for persons with mental retardation (ICF/MR) in
order to receive supported employment services under the home-
andcommunity-based waivers for persons with mental retardation or a brain
injury.
This change is possible because the federal government lifted the requirement
to have residency in a nursing facility or ICF/MR and the Seventy-seventh
General Assembly mandated the change contingent upon federal approval.
These amendments are identical to those placed under Notice of Intended
Action.
These amendments are intended to implement Iowa Code sections 234.12, 239B.6,
249A.4, and 252B.3, and 1998 Iowa Acts, Senate File 2410, section 5, subsection
5, section 7, subsection 13, and House File 2517, section 9, subsection 1.
These amendments shall become effective November 1, 1998, at which time the
Adopted and Filed Emergency amendments are hereby rescinded.
The following amendments are adopted.
ITEM 1. Amend subrule 9.12(2), paragraph "b," subparagraph
(8), as follows:
(8) A list of applicants for and recipients of the family investment program
(FIP), the family medical assistance program (FMAP),
FIP FMAP-related Medicaid program
medical assistance, and the food stamp program is matched with records
on Iowa motor vehicle registration files to assist in the identification of
countable resources.
ITEM 2. Amend rule 441--41.22(239B) as follows:
Amend subrule 41.22(6), paragraph "b," subparagraph (4),
as follows:
(4) Paying to the department any nonexempt cash support
payments for a member of the eligible group, except as described at
41.27(7)"p" and "q," received by a recipient after the date of decision as
defined in 441--subrule 40.24(4).
Amend subrule 41.22(7) by rescinding and reserving paragraph
"b."
ITEM 3. Amend rule 441--41.27(239B) as follows:
Amend subrule 41.27(1), paragraph "h," subparagraph (1),
as follows:
(1) Any nonexempt cash support payment, for a member of the
eligible group, made while the application is pending, shall be treated
as unearned income and deducted from the initial assistance grant(s). Any
nonexempt cash support payment, for a member
of the eligible group, except as described at 41.27(7)"p" and "q,"
received by the recipient after the date of decision as defined in
441--subrule 40.24(4), shall be refunded to the child
support recovery unit.
Amend subrule 41.27(6), paragraph "u," as follows:
u. The first $50 representing received and retained by an
applicant or recipient which represents a current monthly support
obligation or a voluntary support payment, paid by a legally responsible
individual, but in no case shall the total amount exempted exceed $50 per month
per eligible group.
ITEM 4. Amend subrule 65.19(19) as follows:
65.19(19) Certification periods. Households in which all members are
receiving family investment program (FIP) cash assistance,
or a family medical assistance program (FMAP), or
FIP FMAP-related medical assistance
program will be assigned certification periods of 6 to 12
months. However, a certification period of less than 6 months may be assigned
at application or recertification to match the food stamp recertification date
and the public assistance review date.
Households in which one or more members are not receiving FIP cash
assistance, or FMAP or FIP FMAP-related
medical assistance, and which are not required to file a monthly report
will be assigned certification periods of one to six months based on the
predictability of the household's circumstances except when the adult members
are all 60 years of age or older with very stable income such as social
security, supplemental security income, pensions or disability payments. These
households shall be certified for up to 12 months.
ITEM 5. Rescind and reserve rule 441--65.26(234).
ITEM 6. Amend rule 441--75.1(249A) as follows:
Amend subrule 75.1(15), paragraph "a," subparagraph (6),
as follows:
(6) When a person is residing in a household in which some members are
receiving FMAP under the provisions of subrule 75.1(14) or MAC under the
provisions of subrule 75.1(28), and when the person is not included in the
FMAP or MAC eligible group, the family size shall consist of the person
and all other family members as defined above except those in the FMAP or
MAC eligible group.
Amend subrule 75.1(28), introductory paragraph, as follows:
75.1(28) Pregnant women, infants and children (Mothers and Children
(MAC)). Medicaid shall be available to all pregnant women, infants (under one
year of age) and children who were born after September 30, 1983,
and who have not attained the age of 19 if the following criteria are
met:
Further amend subrule 75.1(28), paragraph "a," subparagraph
(1), as follows:
(1) Family income shall not exceed 185 percent of the federal poverty level for
pregnant women when establishing initial eligibility under these provisions and
for infants (under one year of age) when establishing initial and ongoing
eligibility. Family income shall not exceed 133 percent of the federal poverty
level for children who have attained one year of age but who have not attained
six 19 years of age. Family income shall not
exceed 100 percent of the federal poverty level for children who have attained
six years of age but who have not attained 19 years of age. Income to
be considered in determining eligibility for pregnant women, infants, and
children shall be determined according to family medical assistance program
(FMAP) methodologies except that the three-step process for determining initial
eligibility and the two-step process for determining ongoing eligibility, as
described at rule 441--75.57(249A), shall not apply. Family income is the
income remaining after disregards and deductions have been applied in
accordance with the provisions of rule 441--75.57(249A).
Further amend subrule 75.1(28), paragraph "a," by adding the
following new subparagraphs (3), (4), and
(5):
(3) Unless otherwise specified, when the person under the age of 19 is living
with a parent or parents, the family size shall consist of all family members
as defined by the family medical assistance program.
Application for Medicaid shall be made by the parents when the person is
residing with them. A person shall be considered to be living with the parents
when the person is temporarily absent from the parent's home as defined in
subrule 75.53(4). If the person under the age of 19 is married or has been
married, the needs, income and resources of the person's parents and any
siblings in the home shall not be considered in the eligibility determination
unless the marriage was annulled.
(4) When a person under the age of 19 is living with a spouse, the family size
shall consist of that person, the spouse, and any of their children.
(5) Siblings under the age of 19 who live together shall be considered in the
same filing unit for the purpose of establishing eligibility under this subrule
unless one sibling is married or has been married, in which case the married
sibling shall be considered separately unless the marriage was annulled.
Further amend subrule 75.1(28), paragraphs "f," "h," and
"j," as follows:
f. An infant shall be eligible through the month of the first birthday unless
the birthday falls on the first day of the month. A child shall be eligible
through the month in which the child reaches the age of the maximum
duration of eligibility allowed under this subrule of the
nineteenth birthday unless the birthday falls on the first day of the
month.
h. The When determining eligibility under this coverage
group, the deprivation requirements as specified at
subrule 75.54(3), living with a specified relative as specified at subrule
75.54(2), and the student provisions specified in subrule 75.54(1) do not
apply to children in this coverage group.
j. If an infant loses eligibility under this coverage group at the time of the
first birthday due to an inability to meet the income limit for children
or if a child loses eligibility at the time of the
sixth nineteenth birthday due to an inability
to meet the income limit for children under this subrule, but the
infant or child is receiving inpatient services in a medical institution,
Medicaid shall continue under this coverage group for the duration of the time
continuous inpatient services are provided.
Amend subrule 75.1(35) as follows:
Amend paragraph "f" as follows:
f. Verification of medical expenses to be used in spenddown calculation. The
applicant or recipient shall submit evidence of medical expenses that are for
noncovered Medicaid services and for covered services incurred prior to the
certification period on the Medical Expense Verification, Form
MA-4069 470-1932, which shall be completed by the
medical provider. In cases where the provider is uncooperative or where
returning to the provider would constitute an unreasonable requirement on the
applicant or recipient, the form shall be completed by the worker.
Verification of medical expenses for the applicant or recipient that are
covered Medicaid services and occurred during the certification period shall be
submitted by the provider to the fiscal agent on a claim form. The applicant
or recipient shall inform the provider of the applicant's or recipient's
spenddown obligation at the time services are rendered or at the time the
applicant or recipient receives notification of a spenddown obligation.
Verification of allowable expenses incurred for transportation to receive
medical care as specified in rule 441--78.13(249A) shall be verified on Form
MA-3032-1 470-0394, Medical Transportation Claim.
Applicants who have not established that they met spenddown in the current
certification period shall be allowed 35 days 12 months
following the end of the certification period to submit medical expenses for
that period or 12 months following the date of the notice of decision when
the certification period had ended prior to the notice of decision.
Amend paragraph "g," subparagraph (2), first paragraph, as
follows:
(2) Order of deduction. Spenddown shall be adjusted when a bill for a
Medicaid-covered service incurred during the certification period has been
applied to meet spenddown if the a bill for a
covered service incurred prior to the certification period is subsequently
received. Spenddown shall also be adjusted when a bill for a noncovered
Medicaid service is subsequently received with a service date prior to
the Medicaid-covered service is subsequently received.
Spenddown shall be adjusted when an unpaid bill for a Medicaid-covered
service incurred during the certification period has been applied to meet
spenddown if a paid bill for a covered service incurred in the certification
period is subsequently received with a service date prior to the date of the
notice of spenddown status.
ITEM 7. Amend rule 441--75.25(249A), definition of "Break in
assistance," as follows:
"Break in assistance" for medically needy shall mean the lapse of more than
three months from the end of the medically needy certification period to the
beginning of the next current certification period.
EXCEPTION: An unemployed parent determination as described at
paragraph 75.54(3)"c" shall be completed when the lapse is one month or
more.
ITEM 8. Amend subrule 75.57(1), paragraph "e," introductory
paragraph, as follows:
e. Support payments in cash shall be considered as unearned income in
determining initial and continuing eligibility. The first $50 of
assigned child support collected periodically which represents monthly support
payments made by a legally responsible individual shall be paid to the client
without affecting eligibility during the month.
ITEM 9. Amend subrule 76.1(2) as follows:
76.1(2) Date and method of filing application. An application is
considered filed on the date an identifiable application, Form
PA-1107-0 470-0442, PA-2207-0
470-0462, PA-2230-0 470-0466 (Spanish),
470-2927, or Form 470-3112 or 470-3122 (Spanish), is received and date-stamped:
(1) in any local or area office of the department, or (2) by an income
maintenance worker in any satellite office of the department, or (3) by a
designated worker in a disproportionate share hospital, federally qualified
health center, or other facility in which outstationing activities are
provided. An identifiable application, Form 470-2927, which is filed to apply
for FIP FMAP or FMAP-related Medicaid at a WIC office,
well child health clinic, maternal health clinic, or the office of a qualified
provider for presumptive eligibility for pregnant women shall be considered
filed on the date received and date-stamped in one of these offices. An
application so received shall be forwarded within two working days to the
department office responsible for completion of the eligibility determination.
A faxed application is considered filed on the date the faxed application is
received in one of the places described above, if the fax is received during
normal business hours. If the fax is received after normal business hours,
such as evenings, weekends or holidays, the faxed application shall be
considered received on the next normal business day. Before the faxed
application can be approved, the original application with the applicant's
original signature must be received by the department.
An identifiable application is an application containing a legible name,
address and signature. If an authorized representative signed the application
on behalf of an applicant, the original signature of the applicant or the
responsible person must be on the application before the application can be
approved. For FIP FMAP and FIP
FMAP-related Medicaid, the original signature of each and every parent or
stepparent in the home must be on the application before the application can be
approved.
ITEM 10. Amend subrule 83.43(1) as follows:
83.43(1) Application for HCBS AIDS/HIV waiver services.
An The application for FIP-related Medicaid or
SSI-related Medicaid shall follow the process as specified in rules
441--76.1(249A) to 441--76.6(249A) shall be followed.
ITEM 11. Amend rule 441--83.61(249A) as follows:
Amend subrule 83.61(1), paragraph "b," as follows:
b. Be eligible for Medicaid under SSI, SSI-related, ADC
FMAP, or ADC FMAP-related coverage groups;
eligible under the special income level (300 percent) coverage group; or become
eligible through application of the institutional deeming rules or would be
eligible for Medicaid if in a medical institution.
Amend subrule 83.61(1), paragraph "g," by rescinding and
reserving subparagraph (2).
ITEM 12. Amend rule 441--83.82(249A) as follows:
Amend subrule 83.82(1), paragraph "b," as follows:
b. Be eligible for Medicaid under SSI, SSI-related, FIP
FMAP, or FIP FMAP-related coverage groups;
eligible under the special income level (300 percent) coverage group consistent
with a level of care in a medical institution; or be eligible for medically
needy.
Amend subrule 83.82(2) by rescinding and reserving paragraph
"b."
ITEM 13. Amend rule 441--95.3(252B) as follows:
Amend subrule 95.3(1), paragraph "d," as follows:
d. Recipients of family investment assistance who are
were approved to receive assistance prior to July 1, 1997, shall
continue to be eligible to receive support rebates
until they are no longer eligible for the family investment program,
but shall not be eligible to receive support rebates upon reapplication and
subsequent receipt of family investment program assistance only if
the payment was collected for June 1998 or an earlier month based upon the date
of collection as described in paragraphs "a" to "c" above and received after
July 1, 1998. Recipients of family investment assistance approved on or
after July 1, 1997, are not eligible to receive support rebates. The child
support recovery unit shall authorize and terminate payment of support rebates
based upon eligibility and reapplication approval
determinations by for the family investment program
by the income maintenance unit.
Amend subrule 95.3(4) as follows:
95.3(4) If a recipient is entitled to a support rebate as allowed in
95.3(1)"d," payment of up to $50 in assigned support to the family
investment program recipient shall occur in the month in which the support
collected equals or exceeds $50 of assigned support. If less than $50 is
collected, payment shall be made in the month following the month in which the
monthly support obligation is applied to the child support account.
Amend the implementation sentence following rule 441--95.3(252B) as
follows:
This rule is intended to implement Iowa Code sections 252B.3, 252B.4, and
252B.11 and 1997 Iowa Acts, House File 715, section 3, subsection
5 1998 Iowa Acts, Senate File 2410, section 5, subsection 5.
[Filed 8/12/98, effective 11/1/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8287A
HUMAN SERVICES DEPARTMENT[441]
Adopted and Filed
Pursuant to the authority of Iowa Code section 249A.4 and 1998 Iowa Acts,
Senate File 2410, section 32, subsection 14, and section 80, the Department of
Human Services hereby amends Chapter 79, "Other Policies Relating to Providers
of Medical and Remedial Care," and Chapter 81, "Nursing Facilities," appearing
in the Iowa Administrative Code.
These amendments implement the following changes to the Medicaid program
mandated by the Seventy-seventh General Assembly:
* All of the reimbursement rates for the following noninstitutional
providers are increased by 2 percent: ambulances, area education agencies,
audiologists, birth centers, certified registered nurse anesthetists, family
planning clinics, family or pediatric nurse practitioners, genetic consultation
clinics, lead inspection agencies, maternal health centers, nurse-midwives,
opticians, optometrists, orthopedic shoe dealers, physical therapists,
podiatrists, psychologists, rehabilitation agencies, and screening centers.
* The reimbursement rates for chiropractors; dentists; durable medical
equipment, prosthetic devices, and medical supply dealers; hearing aid dealers;
and physicians will be increased a total of 2 percent. The Department will
decide which procedure codes will be increased in consultation with provider
representatives, placing a priority on primary and preventive care.
Dentists will also receive another 2 percent increase in January of 1999.
* Clinic rates will increase by 2 percent based on increases in the
physician fee schedule.
* Community mental health centers rates will increase by 18.85 percent to
the level paid by Medicare and private third-party payors.
* Home health agency providers, including Home- and Community-Based Service
(HCBS) waiver home health providers, will be paid the maximum Medicare rate not
to exceed the rate in effect on June 30, 1998, plus 2 percent. No other waiver
providers will receive an increase.
* Independent laboratories will receive the maximum Medicare rate.
* Intermediate Care Facility for the Mentally Retarded (ICF/MR) rates will
be established at the eightieth percentile of costs based on data from the
December 31, 1997, cost reports.
* The reimbursement rate for skilled nursing care providers is increased by
2 percent subject to the maximum payment rate for the type of facility.
* The reimbursement rate for psychiatric medical institutions for children
is increased by 2 percent.
* The maximum reimbursement rate for nursing facilities is increased by
changing the maximum from the seventieth percentile of facility costs based on
1997 cost reports to the same percentile based on 1998 cost reports.
The Seventy-seventh General Assembly in 1998 Iowa Acts, Senate File 2410,
section 32, subsection 1, paragraph "f," directed that the maximum
reimbursement rate for nursing facilities should be adjusted effective July 1,
1998. The maximum Medicaid nursing facility rate is increased from $71.70 to
$76.69 effective July 1, 1998.
The Council on Human Services adopted these amendments August 12, 1998.
These amendments were previously Adopted and Filed Emergency and published in
the July 1, 1998, Iowa Administrative Bulletin as ARC 8114A. Notice of
Intended Action to solicit comments on that submission was published in the
July 1, 1998, Iowa Administrative Bulletin as ARC 8113A.
Subrule 81.16(16), paragraph "e," was revised to incorporate changes Adopted
and Filed Emergency effective August 12, 1998. (See ARC 8289A,
herein.)
These amendments are intended to implement Iowa Code section 249A.4 and 1998
Iowa Acts, Senate File 2410, section 32, subsection 1, paragraphs "a," "e,"
"f," "h," "i," and "j," and subsection 11.
These amendments shall become effective November 1, 1998, at which time the
Adopted and Filed Emergency rules are hereby rescinded.
The following amendments are adopted.
ITEM 1. Amend subrule 79.1(2), Basis of reimbursement provider
categories of "Ambulance," "Area education agencies," "Audiologists," "Birth
centers," "Certified registered nurse anesthetists," "Chiropractors,"
"Community mental health centers," "Dentists," "Durable medical equipment,
prosthetic devices and medical supply dealers," "Family planning clinics,"
"Family or pediatric nurse practitioner," "Genetic consultation clinics," "HCBS
AIDS/HIV home health aide waiver service providers," "HCBS elderly home health
aide waiver service providers," "HCBS ill and handicapped home health aide
waiver service providers," "HCBS MR home health aide waiver service providers,"
"Hearing aid dealers," "Home health agencies," "Independent laboratories,"
"Intermediate care facilities for the mentally retarded," "Lead inspection
agency," "Maternal health centers," "Nurse-midwives," "Nursing facilities,"
"Opticians," "Optometrists," "Orthopedic shoe dealers," "Physical therapists,"
"Physicians," "Podiatrists," "Psychiatric medical institutions for children,"
"Psychologists," "Rehabilitation agencies," and "Screening centers," as
follows:
Provider
category
|
Basis
of reimbursement
|
Upper
limit
|
Ambulance
|
Fee
schedule
|
Ground
ambulance: Fee schedule in effect 6/30/90 6/30/98 plus
2%.
Air ambulance: A base rate of $200 $204 plus
$7.50 $7.65 per mile for each mile the patient is
carried.
|
Area
education agencies
|
Fee
schedule
|
Fee
schedule in effect 6/30/90 6/30/98 plus 2%
|
Audiologists
|
Fee
schedule
|
Fee
schedule in effect 6/30/90 6/30/98 plus 2%
|
Birth
centers
|
Fee
schedule
|
Fee
schedule in effect 6/30/90 6/30/98 plus
7.44% 2% for obstetrical service
|
Certified
registered nurse anesthetists
|
Fee
schedule
|
Fee
schedule in effect 6/30/90 6/30/98 plus
1.6% 2%
|
Chiropractors
|
Fee
schedule
|
Fee
schedule in effect 4/1/98 6/30/98 plus targeted increases*
|
Community
mental health centers
|
Fee
schedule
|
Reimbursement
rate for center in effect 6/30/90 6/30/98 plus
2% 18.85%
|
Dentists
|
Fee
schedule
|
Fee
schedule in effect 6/30/90 6/30/98 plus 2% and 2%
effective 1/1/99*
|
Durable
medical equipment, prosthetic devices and medical supply dealers
|
Fee
schedule.
See 79.1(4)
|
Fee
schedule in effect 6/30/90 6/30/98 plus up to
6.4% targeted increases*
|
Family
planning clinics
|
Fee
schedule
|
Fees
as determined by the physician fee schedule in effect
6/30/98 plus 2%
|
Family
or pediatric nurse practitioner
|
Fee
schedule
|
Fee
schedule in effect 6/30/94 6/30/98 with the
exception that screening services are fee schedule in effect 6/30/94
plus 5% 2%
|
Genetic
consultation clinics
|
Fee
schedule
|
Reimbursement
rate for clinic in effect 6/30/90 6/30/98 plus 2%
|
HCBS
AIDS/HIV waiver service providers, including:
|
|
|
2.
Home health aide
|
Agency's
financial and statistical cost report and Medicare percentage rate per
visit Retrospective cost-related
|
Cannot
exceed Medicare percentage rate per visit Maximum Medicare rate in
effect on 6/30/98 plus 2%
|
HCBS
elderly waiver service providers, including:
|
|
|
3.
Home health aides
|
Retrospective
cost-related
|
Maximum
Medicare rate in effect on 6/30/98 plus 2%
|
HCBS
ill and handicapped waiver service providers, including:
|
|
|
2.
Home health aides
|
Agency's
financial and statistical cost report and Medicare percentage rate per
visit Retrospective cost-related
|
Cannot
exceed Medicare percentage rate per visit Maximum Medicare rate in
effect on 6/30/98 plus 2%
|
HCBS
MR waiver service providers, including:
|
|
|
5.
Home health aides
|
Retrospective
cost-related
|
Maximum
Medicare rate in effect on 6/30/98 plus 2%
|
Hearing
aid dealers
|
Fee
schedule plus product acquisition cost
|
Reimbursement
rate for provider in effect 6/30/90 plus 2% plus up to 3.2% for
materials Fee schedule in effect 6/30/98 plus targeted increases*
|
Home
health agencies
|
|
|
(Encounter
services-intermittent services)
|
Retrospective
cost-related
|
Maximum
Medicare rate in effect on 6/30/98 plus 2%
|
(Private
duty nursing or personal care and VCF vaccine administration for persons aged
20 and under)
|
Interim
fee schedule with retrospective cost settling based on Medicare methodology
|
Retrospective
cost settling according to Medicare methodology not to exceed the rate in
effect on 6/30/98 plus 2%
|
Independent
laboratories
|
Fee
schedule.
See 79.1(6)
|
Fee
Medicare fee schedule in effect 6/30/90 plus 2%.
See 79.1(6)
|
Intermediate
care facilities for the mentally retarded
|
Prospective
reimbursement.
See 441--82.5(249A)
|
Eightieth
percentile of facility costs as calculated from 12/31/93
12/31/97 cost reports
|
Lead
inspection agency
|
Fee
schedule
|
Fee
schedule in effect 6/30/98 plus 2%
|
Maternal
health centers
|
Reasonable
cost per procedure on a prospective basis as determined by the department based
on financial and statistical data submitted annually by the provider group
|
Reasonable
cost in effect 6/30/91 as determined by the department Fee schedule
in effect 6/30/98 plus 2%
|
Nurse-midwives
|
Fee
schedule
|
Fee
schedule in effect 6/30/95 6/30/98 plus
5% 2%
|
Nursing
facilities:
|
|
|
1.
Nursing facility care
|
Prospective
reimbursement.
See 441--subrule 81.10(1) and 441--81.6(249A)
|
Seventieth
percentile of facility costs as calculated from 6/30/97
6/30/98 cost reports
|
2.
Skilled nursing care providers, including:
|
|
|
Hospital-based
facilities
|
Prospective
reimbursement.
See 79.1(9)
|
Facility
base rate per diems used on 6/30/97 6/30/98 inflated by
3.3% 2% subject to maximum payment rate at the sixtieth
percentile of costs of all hospital-based skilled facilities
|
Freestanding
facilities
|
Prospective
reimbursement.
See 79.1(9)
|
Facility
base rate per diems used on 6/30/97 6/30/98 inflated by
3.3% 2% subject to maximum payment rate at the
sixty-ninth percentile of costs of all freestanding skilled facilities
|
Opticians
|
Fee
schedule. Fixed fee for lenses and frames; other optical materials at product
acquisition cost
|
Reimbursement
rate for provider in effect 6/30/90 6/30/98 for
professional services plus 2% plus up to 3.2% for optometric
products*
|
Optometrists
|
Fee
schedule. Fixed fee for lenses and frames; other optical materials at product
acquisition cost
|
Reimbursement
rate for provider in effect 6/30/90 6/30/98 for
professional services plus 2% plus up to 3.2% for optometric
products*
|
Orthopedic
shoe dealers
|
Fee
schedule
|
Reimbursement
rate for provider in effect 6/30/90 6/30/98 plus 2%
plus up to 3.2% for materials*
|
Physical
therapists
|
Fee
schedule
|
Fee
schedule in effect 6/30/90 6/30/98 plus 2%
|
Physicians
(doctors of medicine or osteopathy)
|
Fee
schedule.
See 79.1(7)
|
Fee
schedule in effect 6/30/90 6/30/98 plus 1.6%
with the exception of obstetrical services as defined by the department and
pediatric primary care services as defined by the department.
targeted increases* Pediatric services will receive a 10%
increase over the fee schedule in effect on 6/30/92. Obstetrical services will
receive a 5% increase over the rates in effect 6/30/95. EPSDT screening
services will receive a 5% increase over the rates in effect 6/30/94. The
department may revise the fee schedule.
|
Podiatrists
|
Fee
schedule
|
Fee
schedule in effect 6/30/90 6/30/98 plus 2%
|
Psychiatric
medical institutions for children
|
|
|
(Inpatient)
|
Prospective
reimbursement
|
Reimbursement
rate for provider in effect 6/30/97 6/30/98 plus
3% 2% to a maximum of $131.12
$133.74 per day
|
(Outpatient
day treatment)
|
Fee
schedule
|
Fee
schedule in effect 6/01/93 6/30/98 plus 2%
|
Psychologists
|
Fee
schedule
|
Reimbursement
rate for provider in effect 6/30/90 6/30/98 plus 2%
|
Rehabilitation
agencies
|
Retrospective
cost-related
|
Reimbursement
rate for agency in effect 6/30/90 6/30/98 plus 2%
|
Screening
centers
|
Fee
schedule
|
Reimbursement
rate for center in effect 6/30/94 6/30/98 plus
5% 2%
|
Further amend subrule 79.1(2) by rescinding the footnote at the end of
the chart and inserting the following new footnote:
*As required by 1998 Iowa Acts, Senate File 2410, section 32, subsection 1,
paragraph "j," the department, in consultation with provider representatives,
shall allocate to targeted services the 2 percent increase in overall rates
paid to chiropractors, dentists, durable medical equipment dealers, and
physicians, placing a priority on primary and preventative care. The
department will also allocate to targeted services the 2 percent increase in
rates for hearing aid dealers provided by 1998 Iowa Acts, Senate File 2410,
section 32, subsection 1, paragraph "i," placing a priority on primary and
preventative care.
ITEM 2. Amend subrule 81.6(16), paragraph "e," as follows:
e. Effective January 1, 1998, the basis for establishing the maximum
reimbursement rate for non-state-owned nursing facilities shall be the
seventieth percentile of participating facilities' per diem rates as calculated
from the December 31, 1997, report of "unaudited compilation of various costs
and statistical data."
Beginning July 1, 1997 1998, the basis for establishing
the maximum reimbursement rate for non-state-owned nursing facilities shall be
the seventieth percentile of participating facilities' per diem rates as
calculated from the June 30, 1997 1998, report of
"unaudited compilation of various costs and statistical data."
[Filed 8/12/98, effective 11/1/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8290A
HUMAN SERVICES DEPARTMENT[441]
Adopted and Filed
Pursuant to the authority of Iowa Code section 249A.4, the Department of Human
Services hereby amends Chapter 84, "Early and Periodic Screening, Diagnosis,
and Treatment," appearing in the Iowa Administrative Code.
The Council on Human Services adopted this amendment August 12, 1998. Notice
of Intended Action regarding this amendment was published in the Iowa
Administrative Bulletin on June 17, 1998, as ARC 8068A.
This amendment revises the schedule for the lead toxicity screening under the
Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) program to
provide that the initial screening be conducted on children at 12 months,
rather than 6 months of age.
This revision is being made to comply with a revised federal Medicaid policy
directive. Medicaid policy on lead screening has historically been based on
the recommendations and guidance from the Centers for Disease Control and
Prevention. This change will prevent unnecessary testing of young children.
This amendment is identical to that published under Notice of Intended
Action.
This amendment is intended to implement Iowa Code section 249A.4.
This amendment shall become effective November 1, 1998.
The following amendment is adopted.
Amend subrule 84.3(6), paragraph "c," as follows:
c. Lead toxicity screening for all children aged 6 12
to 72 months.
[Filed 8/12/98, effective 11/1/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8291A
HUMAN SERVICES DEPARTMENT[441]
Adopted and Filed
Pursuant to the authority of Iowa Code Supplement section 239B.4(3), the
Department of Human Services hereby amends Chapter 93, "PROMISE JOBS Program,"
and Chapter 94, "Iowa Transitional Assistance for Direct Education Costs
Program," appearing in the Iowa Administrative Code.
These amendments increase the time in which PROMISE JOBS participants are
considered eligible to receive postsecondary educational funding from 24 to 36
consecutive months as mandated by the Seventy-seventh General Assembly in 1998
Iowa Acts, Senate File 2410, section 5, subsection 1, paragraph "g." This
change is effective for family investment agreements entered into on or after
July 1, 1996. Prior to this change, participants could lose eligible months of
potential funding because they were allowed only 24 consecutive months to use
up 24 months of funding eligibility. Therefore, participants who had to miss a
semester of school due to family emergencies or who could not attend summer
school could find themselves unable to complete their training program.
In addition, these amendments update statutory references.
The Council on Human Services adopted these amendments August 12, 1998.
These amendments were previously Adopted and Filed Emergency and published in
the July 1, 1998, Iowa Administrative Bulletin as ARC 8109A. Notice of
Intended Action to solicit comments on that submission was published in the
July 1, 1998, Iowa Administrative Bulletin as ARC 8108A.
These amendments are identical to those published under Notice of Intended
Action.
These amendments are intended to implement Iowa Code Supplement sections
239B.17 to 239B.22 and 1998 Iowa Acts, Senate File 2410, section 5, subsection
1, paragraph "g."
These amendments shall become effective November 1, 1998, at which time the
Adopted and Filed Emergency amendments are hereby rescinded.
The following amendments are adopted.
ITEM 1. Amend 441--Chapter 93 by changing the parenthetical
implementation statutes "239" and "249C" to "239B" wherever they appear.
ITEM 2. Amend subrule 93.114(15) as follows:
93.114(15) Maximum limit on PROMISE JOBS funding. Notwithstanding
subrules 93.114(1) through 93.114(14), any participant who develops one or more
FIAs on or after July 1, 1996, that include approvable postsecondary vocational
classroom training shall be eligible for consideration for PROMISE JOBS
expenses allowable under these rules for no more than 24
consecutive months within a 36-consecutive-month
period. Except for this funding limit, all other policies at subrules
93.114(1) to 93.114(14) apply, including the established time frames described
in 93.114(3) and 93.114(14)"g," for including postsecondary vocational
classroom training in the FIA, without requiring other FIA activities.
a. For purposes of this subrule, an FIA is considered to be developed when it
is signed by a FIP participant who has never before signed an FIA or who must
sign another FIA because FIP eligibility has been reestablished after FIP
reapplication with a break in FIP assistance of more than one month.
b. The period of 24 36 consecutive months begins with
the first month that the participant is eligible for consideration for PROMISE
JOBS expense allowances. It is not altered by breaks in FIP assistance or
breaks from the postsecondary vocational classroom training activity.
c. The period of 24 months of eligibility for PROMISE JOBS expense
allowances under these rules begins with the first month that the participant
is eligible for consideration for PROMISE JOBS expense allowances. A month
is considered funded even if no allowance is issued due to educational
financial awards policies as described at paragraph 93.114(10)"c" or
because the client has no expense in a month.
ITEM 3. Amend the implementation sentence following 441--Chapter 93 as
follows:
These rules are intended to implement 1997 Iowa Acts, Senate File 516,
sections 18 to 23 Iowa Code Supplement sections 239B.17 to
239B.22.
ITEM 4. Amend 441--Chapter 94 by changing the parenthetical
implementation statutes "77GA,SF516" and "249C" to "239B" wherever they
appear.
ITEM 5. Amend rule 441--94.10(77GA,SF516) as follows:
441--94.10(239B) Maximum limit on ITADEC funding. FIP participants
eligible for ITADEC who developed one or more PROMISE JOBS FIAs on or after
July 1, 1996, shall be eligible for consideration for allowances for direct
education costs allowable under these rules for no more than 24
consecutive months within a 36-consecutive-month period
of PROMISE JOBS and ITADEC combined.
For purposes of this rule, an FIA is considered to be developed when it is
signed by a FIP participant who has never before signed an FIA or who must sign
another FIA because FIP eligibility has been reestablished after FIP
reapplication with a break in FIP assistance of more than one month.
The period of 24 36 consecutive months begins with the
first month that the participant was eligible for consideration for PROMISE
JOBS expense allowances. It is not altered by breaks in FIP assistance or
breaks from the postsecondary vocational classroom training activity.
The period of 24 months of eligibility for ITADEC or PROMISE JOBS expense
allowances under these rules begins with the first month that the participant
is eligible for consideration for PROMISE JOBS expense allowances. A month
is considered ITADEC-funded or PROMISE JOBS-funded even if no allowance is
issued because the client has no expense in a month or due to educational
financial awards policies as described at rule
441--94.4(77GA,SF516) 441-- 94.5(239B) above or similar
policies previously in effect under the PROMISE JOBS program.
ITEM 6. Amend the implementation sentence following 441--Chapter 94 as
follows:
These rules are intended to implement 1997 Iowa Acts, Senate File 516,
sections 18 to 23 Iowa Code Supplement sections 239B.17 to
239B.22.
[Filed 8/12/98, effective 11/1/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8292A
HUMAN SERVICES DEPARTMENT[441]
Adopted and Filed
Pursuant to the authority of Iowa Code section 252D.22 and 1998 Iowa Acts,
Senate File 2313, section 45, the Department of Human Services hereby amends
Chapter 98, "Support Enforcement Services," appearing in the Iowa
Administrative Code.
These amendments lower the percentage withheld for a child support delinquency
from 50 percent of the current support obligation to 20 percent for support
orders entered or modified on or after July 1, 1998, and for support orders
entered or modified prior to July 1, 1998, for which no income withholding
order has been filed by an Iowa Child Support Recovery Unit (CSRU) prior to
July 1, 1998. In addition, rounding up to the nearest dollar is removed from
the income withholding process.
The Seventy-seventh General Assembly, in 1998 Iowa Acts, Senate File 2313,
required the Department to decrease the amount of income withheld for the
payment of delinquent support on a prospective basis from the current level of
50 percent of the current support obligation.
Before deciding on the change to 20 percent, CSRU looked at different options,
including different percentages, a sliding scale based upon the income of the
obligor, and a sliding scale based upon the obligation of the obligor. It was
determined that a flat percentage was the best method of collection. A sliding
scale based upon the obligation would be very complicated to maintain
accurately. A sliding scale based upon the income of the obligor would place
the burden of determining the amount to withhold for the payment on the arrears
entirely upon the employer, and monitoring employer compliance would be very
difficult.
This change will allow CSRU to bring the total amount of the income withholding
order to a lower, more affordable amount for the obligor. Forty percent of all
current income withholding orders containing arrearage provisions are collected
at a rate from 95 percent to 125 percent of the current support. This is
strong evidence of the amount obligors are able to pay. This change should
encourage obligors to remain at jobs longer rather than "job hop" or move to
the underground economy, where attachment of wages is very difficult.
Therefore, it is projected that the net amount of support paid to families will
increase. In addition, CSRU will be reviewing the underlying support award at
the same time the income withholding reduction is implemented, and it is
anticipated that a number of awards will increase.
Obligors who receive a new income withholding order for the collection of
delinquency on or after July 1, 1998, shall pay 20 percent of current support
toward liquidation of the delinquency rather than the current rate of 50
percent. Already existing income withholding orders shall be adjusted only
when CSRU initiates a review of the obligation on the case. Upon completion of
the review, CSRU may adjust any existing income withholding order for both
current and arrears to the new amounts, even if a new obligation amount is not
set. CSRU will adjust the income withholding order amounts if the obligor
requests a review and there is an adjustment in the underlying obligation. If
the obligor requests a review and there is no change in the underlying support
amount, the income withholding order shall remain at the 50 percent level.
The removal of the rounding provision contained in the rules was done at the
request of both obligors and obligees who have expressed frustration in having
and receiving amounts withheld that are different from the underlying support
award.
The Council on Human Services adopted these amendments August 12, 1998.
These amendments were previously Adopted and Filed Emergency and published in
the July 1, 1998, Iowa Administrative Bulletin as ARC 8107A. Notice of
Intended Action to solicit comments on that submission was published in the
July 1, 1998, Iowa Administrative Bulletin as ARC 8106A.
The following revision was made to the Notice of Intended Action:
The revision to subrule 98.45(1) was deleted. This revision would have
provided that a change in the amount of child support paid due to emancipation
of a minor is not subject to a review. Removing this exception streamlines the
process for consumers and staff. A further review of operational issues showed
that this provision created a situation where a manual review of an otherwise
highly automated process was necessary and could create confusion for obligees
and obligors.
These amendments are intended to implement Iowa Code chapter 252D and 1998 Iowa
Acts, Senate File 2313, section 45.
These amendments shall become effective November 1, 1998, at which time the
Adopted and Filed Emergency rules are hereby rescinded.
The following amendments are adopted.
ITEM 1. Amend rule 441--98.24(252D) as follows:
Amend subrule 98.24(1), introductory paragraph, as follows:
98.24(1) Current support obligation exists. When a current support
obligation exists, the amount withheld shall be an amount equal to the current
support obligation, and an additional amount equal to 50 percent of the current
support obligation (rounded up to the nearest dollar) to be
applied toward the liquidation of any delinquency.
Effective July 1, 1998, the amount withheld to be applied toward the
liquidation of any delinquency shall be 20 percent of the current support
obligation for any support order entered or modified on or after July 1, 1998,
or for any support order entered or modified prior to July 1, 1998, for which
no income withholding order has been filed by an Iowa CSRU prior to July 1,
1998.
Amend subrule 98.24(1), paragraph "c," subparagraph (1),
as follows:
(1) The obligor's gross yearly income shall be divided by 200 percent of the
established yearly gross poverty level income for one person. That amount
shall be multiplied by .5. The resulting figure will be the percent of the
current support order (rounded up to the nearest whole number)
which shall be withheld for payment on the arrearage.
Further amend subrule 98.24(1), paragraph "c," by adding the
following new subparagraph (3):
(3) If criteria for withholding 20 percent toward liquidation of any
delinquency are also met, the lesser of 20 percent or hardship is to be
withheld.
Amend subrule 98.24(2), introductory paragraph, as follows:
98.24(2) Current obligation ended. When the current support obligation
has ended or has been suspended, the income withholding order shall remain in
effect until any delinquency has been satisfied. The amount withheld shall be
equal to the amount of the most recent prior current support obligation which
is greater than zero. Hardship criteria shall be applied in accordance with
subrule 98.24(1). However, in the following circumstances, the amount withheld
shall be 50 20 percent of the amount owed for current
support at the time the obligation ended or was suspended; and, if hardship
criteria are met, this amount shall be one-half of the amount established under
the guidelines in subrule 98.24(1):
Amend subrule 98.24(2), paragraph "d," as follows:
d. In a foster care case, the order for parental liabilityended when the child
left placement, or an order ending the liability has been entered and the child
in foster care has returned to the home of a parent ordered to pay parental
liability. In this situation, the amount withheld shall be reduced to
50 20 percent of the current support amount when the
obligation ended, but only for the parent with whom the child resides.
ITEM 2. Amend 441--Chapter 98, Division II, Part B, by adding the following
new rule:
441--98.37(252D) Immediate income withholding amounts when current support
has ended. When the child support obligation has ended, the amounts to be
withheld shall be in accordance with subrule 98.24(2).
ITEM 3. Amend rule 441--98.45(252D) as follows:
Amend subrule 98.45(3) as follows:
98.45(3) Past due support paid. Any past due support debt has been
paid in full. The withholding order shall be modified to require that only the
current support obligation be withheld from the income of the obligor. Should
a delinquency later accrue, the withholding order may again be modified to
secure an additional payment toward the delinquency. The amount of the arrears
payment shall be set according to rule 441--98.24(252D) at
20 percent of the current support amount.
Further amend rule 441--98.45(252D) by adding the following new
subrules:
98.45(4) Income withholding order and determination of controlling
orders. An obligation amount different than what CSRU has been enforcing is
established upon the determination of controlling order as allowed in Iowa Code
section 252K.207. Upon the change to the new obligation amount, the amount
withheld to be applied toward the liquidation of any delinquency shall be 20
percent.
98.45(5) Income withholding order and review and adjustment of orders.
If CSRU has initiated a review and adjustment of the obligation pursuant to
441--Chapter 99, Division IV, CSRU shall modify the amount withheld to be
applied toward the liquidation of any delinquency to 20 percent upon completion
of the process.
[Filed 8/12/98, effective 11/1/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8293A
HUMAN SERVICES DEPARTMENT[441]
Adopted and Filed
Pursuant to the authority of Iowa Code section 234.6 and Iowa Code Supplement
section 237A.3, the Department of Human Services hereby amends Chapter 109,
"Child Care Centers," and Chapter 110, "Family and Group Day Care Homes,"
appearing in the Iowa Administrative Code.
These amendments implement revisions to day care center policy involving unpaid
volunteers and to the child day care home pilot program as mandated by the
Seventy-seventh General Assembly in 1998 Iowa Acts, Senate File 2312.
Volunteers in child day care facilities who are included in the staff ratio
count are mandatory reporters of child abuse. Current policy requires those
volunteers to obtain certification showing completion of a minimum of two hours
of Iowa's training for mandatory reporting of child abuse within six months
from the initial date the person served as a volunteer or substitute. Persons
who volunteer or substitute two times or less in a calendar year are exempt
from the two-hour training requirement and shall sign a statement indicating
they have been informed of their responsibilities as a mandatory reporter.
1998 Iowa Acts, Senate File 2312, requires that a person who serves as an
unpaid volunteer in a child day care facility shall not be required to complete
training as a mandatory reporter. These amendments remove the certification
requirement but continue to require volunteers who are included in the staff
ratio to sign a statement indicating they have been informed of their
responsibilities as a mandatory reporter.
The child day care home pilot program is a four-level system of registration
for family or group day care homes operating in Delaware and Scott counties.
The revisions to the pilot program are as follows:
* Qualified providers may be registered at Level II, III, or IV even though
the amount of space required to be available for the maximum number of children
authorized for that level exceeds the actual amount of space available in that
child care home. The total number of children authorized for the child care
home at that level of registration shall be limited by the amount of space
available per child. The basic number of children permitted for each age group
may not be exceeded.
* The number of children who can be in the home before a second person must
be present who meets the individual qualifications for child care home
registration is increased from seven to eight.
* A transition period from April 20, 1998, through April 19, 2000, is
allowed for providers seeking to become registered in the pilot project for the
first time. The number of infants and school-age children allowed to be in
care at one time is lower for the pilot project than for the statewide program.
The transition period will permit providers in the pilot project area to allow
the numbers of infants and school-age children to drop from the program through
natural attrition rather than having to drop children immediately to become
registered.
The Council on Human Services adopted these amendments August 12, 1998.
These amendments were previously Adopted and Filed Emergency and published in
the July 1, 1998, Iowa Administrative Bulletin as ARC 8105A. Notice of
Intended Action to solicit comments on that submission was published in the
July 1, 1998, Iowa Administrative Bulletin as ARC 8104A.
These amendments are identical to those published under Notice of Intended
Action.
These amendments are intended to implement Iowa Code Supplement chapter 237A
and 1998 Iowa Acts, Senate File 2312, sections 1 to 4.
These amendments shall become effective November 1, 1998, at which time the
Adopted and Filed Emergency rules are hereby rescinded.
The following amendments are adopted.
ITEM 1. Amend subrule 109.6(5), paragraph "b," subparagraph
(3), as follows:
(3) Obtain certification showing completion of a minimum of two hours
of Iowa's training for mandatory reporting of child abuse within six months
from the initial date the person served as a volunteer or substitute. Persons
who volunteer or substitute two times or less in a calendar year shall be
exempt from the two-hour training requirement and shall sign
Sign a statement indicating they have the volunteer
or substitute has been informed of their the
volunteer's or substitute's responsibilities as a mandatory reporter.
ITEM 2. Amend rule 441--110.27(237A) as follows:
Amend subrule 110.27(4), paragraph "a," subparagraph (1),
as follows:
(1) Except as otherwise provided in this paragraph, not more than 12 children
shall be present at any one time. If more than 7 8
children are present, a second person must be present who meets the individual
qualifications for child care home registration.
Adopt the following new subrule 110.27(5):
110.27(5) Exception to total numbers. A child day care home may be
registered at Level II, III, or IV if the provider is qualified even though the
amount of space required to be available for the maximum number of children
authorized for that level exceeds the actual amount of space available in that
child care home. The total number of children authorized for the child care
home at that level of registration shall be limited by the amount of space
available per child. The basic number of children permitted for each age group
may not be exceeded.
ITEM 3. Amend 441--Chapter 110 by adopting the following new
rule 441--110.35(237A):
441--110.35(237A) Transition exception. The exception provisions of
this rule are applicable to child care homes registering under Iowa Code
Supplement section 237A.3A during a transition period beginning April 20, 1998,
and ending April 19, 2000. During the transition period, the following
provisions shall apply, notwithstanding the previous specific rules:
110.35(1) Infant care. A child care home provider who is providing
child day care to four infants at the time of registration in the pilot project
at Level I, II, or III may continue to provide care to those four infants.
However, when the child care home no longer provides care to one or more of the
infants or one or more of the infants reaches the age of 24 months, the
transition period exception authorized in this rule shall no longer apply. The
overall limitation on the number of children authorized for the level of care
remains applicable.
110.35(2) Care of school-age children. A child care home provider who
at the time of registration in the pilot project at Level I, II, or III is
providing child day care to school-age children in excess of the number of
school-age children authorized for the registration level may continue to
provide care for those children. The child care home provider may exceed the
total number of children authorized for the level of registration by the number
of school-age children in excess of the number authorized for the registration
level. This transition period exception is subject to all of the following:
a. The provider must comply with the other requirements as to the number of
children which is applicable to that registration level.
b. The maximum number of children attributable to the authorization for
school-age children at the applicable registration level is five.
c. If more than eight children are present at any one time, the provider shall
be assisted by a responsible person who is at least 14 years of age.
d. If the child care home no longer provides care to an individual school-age
child who was receiving care at the time of the registration, the excess number
of children allowed under the transition period exception shall be reduced
accordingly.
ITEM 4. Amend the implementation clause following 441--Chapter 110 as
follows:
These rules are intended to implement Iowa Code Supplement chapter 237A
as amended by 1997 Iowa Acts, Senate File 541 1998 Iowa
Acts, Senate File 2312.
[Filed 8/12/98, effective 11/1/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8294A
HUMAN SERVICES DEPARTMENT[441]
Adopted and Filed
Pursuant to the authority of Iowa Code section 234.6 and 1998 Iowa Acts, Senate
File 2410, section 32, subsection 14, and section 80, the Department of Human
Services hereby amends Chapter 150, "Purchase of Service," appearing in the
Iowa Administrative Code.
These amendments implement revisions in purchase of service reimbursement rates
mandated by the Seventy-seventh General Assembly. These revisions increase the
maximum daily reimbursement rate for shelter care from $76.61 to $78.14; the
maximum reimbursement rate for adoption and independent living services by 2
percent over the rates in effect on June 30, 1998; and the rates for adult
residential, sheltered work, and work activity by 3 percent over the rates in
effect on June 30, 1998.
Purchase of service rates have been frozen by the legislature since 1991 except
for adult residential rates which were increased in state fiscal year 1996 and
sheltered work and work activity rates which were increased in 1997. Counties
which rely on the Department to establish rates for providers of adult
residential, sheltered work, and work activity services will experience
increased costs.
The Council on Human Services adopted these amendments August 12, 1998.
These amendments were previously Adopted and Filed Emergency and published in
the July 1, 1998, Iowa Administrative Bulletin as ARC 8101A. Notice of
Intended Action to solicit comments on that submission was published in the
July 1, 1998, Iowa Administrative Bulletin as ARC 8100A.
These amendments are identical to those published under Notice of Intended
Action.
These amendments are intended to implement Iowa Code section 234.6 and 1998
Iowa Acts, Senate File 2410, section 32, subsections 5 and 8.
These amendments shall become effective November 1, 1998, at which time the
Adopted and Filed Emergency rules are hereby rescinded.
The following amendments are adopted.
ITEM 1. Amend subrule 150.3(5), paragraph "p," as follows:
Amend subparagraph (1) as follows:
(1) Unless otherwise provided for in 441--Chapter 156, rates for shelter care
shall not exceed $76.61 $78.14 per day based on a
365-day year.
Amend subparagraph (2), introductory paragraph, and numbered paragraph
"1," first paragraph, as follows:
(2) For the fiscal year beginning July 1, 1997 1998,
the maximum reimbursement rates for services provided under a purchase of
social service agency contract (adoption; local purchase services including
adult day care, adult support, adult residential, community supervised
apartment living arrangement, sheltered work, work activity, and
transportation; shelter care; family planning; and independent living) shall be
the same as the rates in effect on June 30, 1997 1998,
except under any of the following circumstances:
1. If a new service was added after June 30, 1997 1998,
the initial reimbursement rate for the service shall be based upon actual and
allowable costs. A new service does not include a new building or location or
other changes in method of service delivery for a service currently provided
under the contract.
Renumber subparagraphs (3) and (4) as numbered paragraphs
"3" and "4," respectively, under subparagraph (2).
Further amend subparagraph (2), renumbered paragraphs "3" and
"4," as follows:
3. For the fiscal year beginning July 1, 1997 1998, the
combined service and maintenance reimbursement rate paid to a shelter care
provider shall be based on the financial and statistical report submitted to
the department. The maximum reimbursement rate shall be
$76.61 $78.14 per day. If the department reimburses
the provider at less than the maximum rate, but the provider's cost report
justifies a rate of at least $76.61 $78.14, the
department shall readjust the provider's reimbursement rate to the actual and
allowable cost plus the inflation factor or $76.61
$78.14, whichever is less.
4. For the fiscal year beginning July 1, 1997 1998, the
purchase of service reimbursement rate for adult residential, sheltered
workshops, and work activity services shall be increased by
1 3 percent of the reimbursement rate in effect on June
30, 1997 1998.
Further amend subparagraph (2) by adding the following new
numbered paragraph "5":
5. For the fiscal year beginning July 1, 1998, the purchase of service
reimbursement rate for adoption and independent living services shall be
increased by 2 percent of the rates in effect on June 30, 1998.
ITEM 2. Amend subrule 150.22(7), paragraph "p," as follows:
Amend subparagraph (1), introductory paragraph, and numbered paragraph
"1," first paragraph, as follows:
(1) For the fiscal year beginning July 1, 1997 1998,
the maximum reimbursement rates for local purchase services, including adult
day care, adult support, adult residential, community supervised apartment
living arrangement, sheltered work, work activity, and transportation shall be
the same as the rates in effect on June 30, 1997 1998,
except under any of the following circumstances:
1. If a new service was added after June 30, 1997 1998,
the initial reimbursement rate for the service shall be based upon actual and
allowable costs. A new service does not include a new building or location or
other changes in method of service delivery for a service currently provided
under the contract.
Amend subparagraph (2) as follows:
(2) For the fiscal year beginning July 1, 1997 1998,
the purchase of service reimbursement rate for adult residential,
sheltered work, and work activity services shall be increased by
1 3 percent of the reimbursement rate in effect on June
30, 1997 1998.
[Filed 8/12/98, effective 11/1/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8295A
HUMAN SERVICES DEPARTMENT[441]
Adopted and Filed
Pursuant to the authority of Iowa Code section 217.6, the Department of Human
Services hereby adopts Chapter 169, "Funding for Empowerment Areas," Iowa
Administrative Code.
These rules define and structure the Department of Human Services' child care
funding for empowerment areas. Funds are provided to community empowerment
areas receiving a school-ready children grant pursuant to 1998 Iowa Acts,
Senate File 2406, to develop and improve local child care capacity to better
enable low-income parents to obtain or retain employment. These rules
establish conditions and procedures for the disbursement, use, and
administration of funds. This grants program is administered by the Department
in conjunction with the Iowa Empowerment Board.
Community empowerment areas are intended to enable local communities to
improve, coordinate, and reduce duplication of effort for education, health,
and human service programs with an initial emphasis on families with young
children. Senate File 2406 sets forth the requirements and responsibilities of
local community empowerment areas, including the establishment and duties of
community empowerment area boards. Each county and school district in the
state has the option of participating in a community empowerment area.
Senate File 2406 provides for the creation of a state Iowa Empowerment Board,
its membership and functions, and rule-making authority for carrying out its
functions. The Iowa Empowerment Board consists of 11 voting members, 8
citizens appointed by the Governor, subject to confirmation by the Senate, and
the directors of the Departments of Education, Human Services, and Public
Health. In addition, six legislators sit on the Board as nonvoting members.
1998 Iowa Acts, Senate File 2410, appropriates funding from the federal
Temporary Assistance for Needy Families (TANF) Block Grant. The Department may
transfer TANF funding into child care to be granted to eligible communities for
implementing child care strategies. Senate File 2410 establishes minimum
eligibility criteria for community empowerment areas seeking a grant;
identifies eligible activities for using funds; and specifies maximum funding
levels for community empowerment areas. To receive funding, an area must be
approved as a community empowerment area by the Iowa Empowerment Board.
The General Assembly appropriated $3,800,000 to the Department of Human
Services for funding of these grants. The maximum funding amount a community
empowerment area is eligible to receive shall be determined by applying the
area's percentage of the state's average monthly Family Investment Program
population in the preceding fiscal year to the total amount appropriated for
the grant program. If the community empowerment board's request for funding is
received by the Iowa Empowerment Board on or after August 1, 1998, the maximum
funding amount shall be prorated for the fiscal year and rounded up to the
nearest full month.
The Iowa Empowerment Board is responsible for developing criteria for
determining which community empowerment areas shall receive funding and how
much funding they shall receive and notifying the area board and the Department
of their decision.
The Council on Human Services adopted these rules August 12, 1998.
These rules were previously Adopted and Filed Emergency and published in the
July 1, 1998, Iowa Administrative Bulletin as ARC 8097A. Notice of
Intended Action to solicit comments on that submission was published in the
July 1, 1998, Iowa Administrative Bulletin as ARC 8096A.
The following revision was made to the Notice of Intended Action:
Subrule 169.4(1) was revised to remove language dealing with federal funding
and to substitute language from 1998 Iowa Acts, Senate File 2410, section 2,
subsection 1, paragraph "d" in response to an objection from the Administrative
Rules Review Committee.
These rules shall become effective on November 1, 1998, at which time the
Adopted and Filed Emergency rules are hereby rescinded.
These rules are intended to implement 1998 Iowa Acts, Senate File 2410, section
2.
The following rules are adopted.
Adopt the following new chapter:
CHAPTER 169
FUNDING FOR EMPOWERMENT AREAS
PREAMBLE
These rules define and structure the department of human services' child care
funding for empowerment areas. Funds are provided to community empowerment
areas receiving a school-ready children grant pursuant to 1998 Iowa Acts,
Senate File 2406, to develop and improve local child care capacity to better
enable low-income parents to obtain or retain employment. These rules
establish conditions and procedures for the disbursement, use, and
administration of these funds. This grants program is administered by the
department in conjunction with the Iowa empowerment board, according to
conditions set forth in 1998 Iowa Acts, Senate File 2410.
441--169.1(77GA,SF2410) Definitions.
"Applicant" means an entity seeking funding under these rules.
"Community empowerment area" or "area" means an entity as defined in 1998 Iowa
Acts, Senate File 2406, and as further defined by any administrative rules
implemented by the Iowa empowerment board pursuant to Senate File 2406.
"Department" means the department of human services.
"Iowa empowerment board" or "board" means the entity as defined in 1998 Iowa
Acts, Senate File 2406.
"Low-income families" means families at or below 185 percent of the federal
poverty level.
"Temporary Assistance for Needy Families (TANF)" means a federal funding
stream, for which the state is eligible under Public Law 104-103, for use in
welfare reform and related activities.
441--169.2(77GA,SF2410) Use of funds. Funds shall be used in
compliance with federal law and shall be used only for enhancing quality child
care capacity in support of parent capability to obtain or retain employment.
The funds shall be used with a primary emphasis on low-income families with
children from birth to age five.
169.2(1) Eligible activities. Funds shall be used to implement
strategies identified by communities that may include, but are not limited
to:
a. Developing capacity for regular child care, sick child care, night shift
child care, and emergency child care.
b. Enhancing linkages between the Head Start program, the Early Head Start
program, early childhood development programs, and child care assistance
programs.
c. Implementing other strategies that enhance access to child care.
d. Supporting ongoing activities related to paragraphs "a" through "c."
169.2(2) Limitations on using funds. Funds shall not be used for any
purposes precluded by federal law. The Iowa empowerment board may establish
additional limitations on the use of funds.
169.2(3) Administrative costs. Community empowerment areas may use up
to 5 percent of funding for administrative costs in administering the grant,
provided those expenditures are directly related to the project.
Administrative costs shall be as defined in 45 CFR 98.52 as amended to October
1, 1997.
441--169.3(77GA,SF2410) Eligibility for funding.
169.3(1) Eligible entities. Eligible entities are those designated as
a community empowerment area by the Iowa empowerment board and approved by the
board for a school-ready children grant.
169.3(2) Applications. The community empowerment area shall submit an
application for funding to the Iowa empowerment board. Actions on the
application will be made by the board based on criteria set forth by the
board.
441--169.4(77GA,SF2410) Funding availability. The availability of
funds is subject to the following parameters:
169.4(1) Total funding available. Total funding available in each
state fiscal year shall be the amount set pursuant to enacted legislative
appropriations, less any other obligations that the legislation creates. The
availability of funding is subject to changes in federal requirements and
amendments to Iowa law.
169.4(2) Administration of funds. These funds do not reside in the
Iowa empowerment fund but are administered by the department. Upon the award
of funding by the Iowa empowerment board, funds shall be disbursed to the
community empowerment area by the department pursuant to a negotiated payment
schedule that complies with state and federal law. Funds received by a
community empowerment area shall be administered through a fiscal agent which
is a public entity.
169.4(3) Obligated funds. Funds that have been applied for by and
awarded to a community empowerment area prior to June 30 of each state fiscal
year shall be considered obligated. These funds do not revert, but shall
remain available to the area, regardless of whether the funding has yet been
spent, if paid to the area by August 31 following the close of the state fiscal
year in which the funds were obligated.
169.4(4) Unobligated funds. Funds that have not been obligated or paid
pursuant to the preceding subrule shall revert and do not remain available to
the area in a subsequent state fiscal year.
169.4(5) Eligible funding for area. In determining a community
empowerment area's eligible funding, total funds available for the state fiscal
year shall be prorated according to the following:
a. A community empowerment area's maximum eligible funding is the percentage of
the total available funding which is equal to the area's percentage of average
monthly statewide family investment program cases in the preceding state fiscal
year, as reported to the Iowa empowerment board by the department.
b. The maximum eligible funding for a community empowerment area shall be
prorated by the number of months remaining in the state fiscal year. If an
area's application is approved by the Iowa empowerment board without revision,
then the proration shall be from the date the application was received by the
board. If the area's application required substantive revision, then the
proration shall be from the date that the revised application which is
approvable was received by the board. The board may fund the area retroactive
to the original application receipt date if it determines that required
revisions were not substantive. The month of the date of receipt as
established herein shall be considered a full month.
c. The Iowa empowerment board may award a lesser amount than calculated
pursuant to this subrule based on the nature of the community empowerment
area's request.
441--169.5(77GA,SF2410) Community empowerment areas'
responsibilities.
169.5(1) Fiscal agent. The community empowerment area shall designate
a public agency as a fiscal agent and ensure that appropriate and adequate
accounting mechanisms are in place through the fiscal agent to deposit,
disburse and account for funds received, including tracking of the timing and
purpose of any financial transaction.
169.5(2) Grant agreement. A grant agreement shall be entered into by
the community empowerment area, the department, and the Iowa empowerment
board.
169.5(3) Spending funds. The community empowerment area shall spend
funds according to its application as approved by the Iowa empowerment board
and grant agreement.
169.5(4) Reporting and audit requirements. The community empowerment
area shall meet federal reporting and audit requirements. The Iowa empowerment
board may establish other audit and reporting requirements.
441--169.6(77GA,SF2410) Iowa empowerment board's responsibilities.
169.6(1) Application review. The Iowa empowerment board shall review
applications and act upon them in a timely manner.
169.6(2) Amount of funding. The Iowa empowerment board shall determine
the amount of funding to be awarded, up to the eligible amount as defined in
subrule 169.4(5).
169.6(3) Notification. The Iowa empowerment board shall notify the
community empowerment area and the department of its decision.
169.6(4) Negotiating grant agreements. The Iowa empowerment board
shall participate in negotiation of a grant agreement that includes:
a. The amount awarded.
b. How the funds will be used and the timing of disbursements from the
department to the community empowerment area.
c. Expected results and reports on progress toward those results, including
results for children from birth to age five.
d. An agreement by the community empowerment area to comply with federal
reporting and audit requirements.
e. Other conditions mutually agreed to by the community empowerment area and
the Iowa empowerment board.
169.6(5) Review. The Iowa empowerment board shall review the status
and progress of grantees.
441--169.7(77GA,SF2410) Department of human services'
responsibilities.
169.7(1) Disbursement of funds. The department shall disburse funds to
community empowerment areas under grant agreements.
169.7(2) Technical assistance. The department shall, upon request of
the board, provide technical assistance and other support to the Iowa
empowerment board and community empowerment areas.
169.7(3) Negotiations and review. The department shall assist the Iowa
empowerment board in negotiating grant agreements and, upon request, assist the
Iowa empowerment board in reviewing the status and progress of grantees.
441--169.8(77GA,SF2410) Revocation of funding. Notwithstanding other
portions of these rules, funding may be revoked under the following
conditions.
169.8(1) Failure to comply.
a. Either the Iowa empowerment board or the department may revoke funds if the
community empowerment area is failing to comply with federal reporting or audit
requirements or is using funds for other than an allowable purpose. The
revocation shall be prospective, and may also be retroactive if the failure to
comply or use of funding is such that the federal funds already expended are in
jeopardy of being recovered by the federal government.
b. The Iowa empowerment board may revoke funds if the community empowerment
area is not complying with other conditions agreed to by the board and the
area, or if the board determines that the area is not performing pursuant to
their approved application or grant agreement or is not making satisfactory
progress toward results. The revocation shall be prospective only and may
include unexpended funds already obligated to the area.
169.8(2) Corrective action plan. Prior to notice of revocation, either
the department or the Iowa empowerment board may first work with the community
empowerment area to develop and implement a corrective action plan if in the
discretion of the department or the Iowa empowerment board such a plan has a
reasonable chance of success.
169.8(3) Subsequent application. A community empowerment area which
has had its funding revoked may submit a subsequent application, which shall be
considered a new application and eligible for prospective funding only.
Applications submitted subsequent to a revocation of funding must also address
how the matters leading to a previous revocation have been addressed in order
to prevent problems from occurring again.
441--169.9(77GA,SF2410) Appeals. Applicants which are an approved
community empowerment area with an approved school-ready children grant may
file an appeal with the director of the department of human services as
follows:
169.9(1) Appealable actions. Issues that can be appealed include
disbursement of funds and revocation of funding if initiated by the
department.
169.9(2) Nonappealable actions. The denial or rejection of a grant
application, the amount of a grant award, and other actions taken by the Iowa
empowerment board are not appealable to the director of the department of human
services. These actions are subject to appeal procedures set forth by the Iowa
empowerment board.
169.9(3) Letter of appeal. The letter of appeal must be submitted
within five working days of the action of the department and must clearly and
fully identify all issues being contested.
The director of the department shall review the appeal request and issue a
decision within ten days of the request or within ten days of receipt by the
department of any follow-up information requested from the appellant.
These rules are intended to implement 1998 Iowa Acts, Senate File 2410, section
2.
[Filed 8/12/98, effective 11/1/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8296A
HUMAN SERVICES DEPARTMENT[441]
Adopted and Filed
Pursuant to the authority of Iowa Code section 234.6, the Department of Human
Services hereby amends Chapter 170, "Child Day Care Services," appearing in the
Iowa Administrative Code.
The Council on Human Services adopted this amendment August 12, 1998. Notice
of Intended Action regarding this amendment was published in the Iowa
Administrative Bulletin on June 17, 1998, as ARC 8069A.
This amendment revises the priority levels on the waiting list for applications
for state child care assistance to correspond with revisions in eligibility
requirements as mandated by the Seventy-seventh General Assembly. At the
current time, the waiting list is not being used as funding is available to
serve all families meeting the eligibility requirements.
This amendment is identical to that published under Notice of Intended
Action.
This amendment is intended to implement Iowa Code section 234.6 and 1998 Iowa
Acts, Senate File 2410, section 12, subsection 4.
This amendment shall become effective November 1, 1998.
The following amendment is adopted.
Amend subrule 170.2(3) as follows:
Amend paragraphs "a," "d," and "e," as follows:
a. Families who are with an income at or below 100
percent of the federal poverty guidelines and in which the parents are employed
at least 30 28 hours per week or are under the age of
21 and participating in an educational program leading to a high school diploma
or equivalent.
d. Families who are above with an income of more than
100 percent but at or below 125 not more than 140
percent of the federal poverty guidelines and in which the
parents whose members are employed at least 30
28 hours per week.
e. Families who are with an income at or below
155 175 percent of the federal poverty guidelines
who have whose members are employed at least 28 hours per
week with a special needs child as a member of the family.
Rescind paragraph "g."
[Filed 8/12/98, effective 11/1/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8322A
NATURAL RESOURCE COMMISSION[571]
Adopted and Filed
Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural
Resource Commission hereby adopts amendments to Chapter 61, "State Parks and
Recreation Areas," Iowa Administrative Code.
These amendments accomplish the following:
1. Amend the definition of "Person with physical disability."
2. Rescind subrule 61.3(6).
3. Amend the times when reservations for lodges, cabins, open shelters and
group camps will be taken.
4. Amend the time frame when cabins can be rented for only two nights.
5. Add a new subrule on reservation and damage deposits.
6. Add a new subrule allowing use of certain types of motorized vehicles in
state parks and recreation areas by persons with physical disabilities.
7. Add a new subrule restricting access in and out of the recreation area
portion of Wapsipinicon State Park.
8. Amend the name of Viking Lake.
Notice of Intended Action was published in the Iowa Administrative Bulletin on
June 17, 1998, as ARC 8081A. No public comments were received. The
following additions to the Notice of Intended Action were originally included
in the amendments approved by the Natural Resource Commissioners on May 14,
1998, but were inadvertently omitted from the Notice published as ARC
8081A. Therefore, they are being added here for publication.
1. The word "open" has been added to modify "shelters" in the reservation
policy.
2. A new item is added that changes the name of Viking Lake State Park to
Viking Lake State Recreation Area.
3. Two minor clarifying amendments were made in 61.4(5)"b"(7).
These amendments are intended to implement Iowa Code sections 461A.3, 461A.44,
461A.46, 461A.51, and 461A.57.
These amendments will become effective on October 14, 1998.
The following amendments are adopted.
ITEM 1. Amend rule 571--61.2(461A), definition of "Person with physical
disability," as follows:
"Person with physical disability" means a person who requires a
wheelchair as sole means of mobility and requires assistance with personal care
needs an individual commonly termed a paraplegic or quadriplegic,
with paralysis or a physical condition of the lower half of the body with the
involvement of both legs, usually due to disease or injury to the spinal cord;
a person who is a single or double amputee of the legs; or a person with any
other physical affliction which makes it impossible to ambulate successfully in
park or recreation area natural surroundings without the use of a motorized
conveyance.
ITEM 2. Rescind and reserve subrule 61.3(6).
ITEM 3. Amend subrule 61.4(2), paragraphs "b," "d," and
"m," as follows:
b. Telephone and walk-in reservations will not be accepted until the
second first business day following November 1 of each
year for the heated cabins and the second first
business day after January 1 of each year for all other cabins, group camps,
open and enclosed shelters or lodges.
d. Walk-in and telephone requests on or after the second business day
in January or November the first business day following January 1
or November 1 will be handled on a first-come, first-served basis after all
mail-in requests have been handled. Walk-in and telephone requests after the
first business day following January 1 or November 1 will be handled on a
first-come, first-served basis.
m. Prior to May 1 the Monday before the national Memorial
Day holiday and after Labor Day week, two-night reservations may be made in
advance for cabin use. Such reservations must be received by the
Tuesday preceding the desired weekend.
ITEM 4. Amend rule 571--61.4(461A) by adding the following new
subrule:
61.4(5) Reservation and damage deposits for rental facilities.
a. Reservation deposit.
(1) All cabin and group camp reservation requests must be accompanied by a
reservation deposit equivalent to one day of the daily rate for that rental
unit as provided in 61.3(2) and 61.3(4) (no sales tax shall be included). The
deposit shall be required for each rental unit and rental period requested.
The reservation deposit will be applied toward the total rental fee when the
rental fee is due. Reservations made by telephone will be tentatively
scheduled and held for seven working days. If written confirmation and
reservation deposit are not received by the end of the seventh working day, the
reservation will be canceled.
(2) Requests for enclosed shelter/lodge rental shall be accompanied by the full
rental fee including tax with no reservation deposit required. Reservations
made by telephone will be tentatively scheduled and held for seven working
days. If written confirmation and reservation deposit are not received by the
end of the seventh working day, the reservation will be canceled.
(3) Requests for open shelter rental shall be accompanied by the full rental
fee including tax with no reservation deposit required.
b. Rental fee and damage deposit payment.
(1) Upon arrival for the cabin rental period, a damage deposit in the amount of
$50 and the remainder of the applicable rental fee, including all sales tax,
shall be paid in full. This damage deposit shall be paid by use of a separate
financial instrument (e.g., check, money order, or cash) from the rental
fee.
(2) Upon arrival for the group camp rental period, a damage deposit of $50
shall be paid in full. The remainder of the applicable rental fee, including
all sales tax, shall be paid in full when the rental period is over and the
area is ready to be vacated.
(3) Upon arrival for the enclosed shelter/lodge rental period, a damage deposit
of $50 shall be paid in full.
(4) Damage deposits will be refunded only after inspection by authorized
personnel to ensure the facility and furnishings are in satisfactory
condition.
(5) If it is necessary for department personnel to clean up the facility or
repair any damage beyond ordinary wear and tear, a log of the time spent in
such cleanup or repair shall be kept. The damage deposit refund shall be
reduced by an amount equivalent to the applicable hourly wage of the employees
for the time necessary to clean the area or repair the damage and the cost of
any furnishing repairs.
(6) The deposit is not to be construed as a limit of liability for damage to
state property. The department may take legal action necessary to recover
additional damage.
(7) Individuals wishing to cancel a reservation must do so at least 30 calendar
days prior to the rental date in order to receive a full refund of the
reservation deposit or any rental fees paid in advance. If it is necessary to
cancel a reservation after the 30-day allowance, a refund may be made only
under the following conditions:
1. Inclement weather prohibits arrival at or entrance to the state park cabin,
group camp, open or enclosed shelter or lodge area.
2. Personal emergency prevents arrival or requires departure prior to the end
of the rental period. Personal emergency is defined to include a death,
serious illness or accident involving immediate family. Rental fees may be
refunded on a prorated basis in the case of early departure due to personal
emergency.
ITEM 5. Amend rule 571--61.5(461A) by adding the following new
subrule:
61.5(15) Motor vehicle restrictions.
a. Except as provided in these rules, motor vehicles are prohibited on state
parks, recreation areas and preserves except on constructed and designated
roads, parking lots and campgrounds.
b. Persons with physical disabilities. Persons with physical disabilities may
use certain motor vehicles on state parks, recreation areas and preserves,
according to restrictions set out in this rule, in order that they might enjoy
such uses as are available to others.
(1) Definition. For purposes of this subrule, the following definition shall
apply. "Motor vehicles" means any self-propelled vehicle, electric or gas,
having at least three wheels, but no more than six, and that is limited in
engine displacement to less than 800 cubic centimeters and in total dry weight
to less than 1,450 pounds.
(2) Permits.
1. Each person with a physical disability must have a permit issued by the
director in order to use motor vehicles on state parks, recreation areas, and
preserves. Such permits will be issued without charge. Applicants must submit
certificates from their doctors stating that the applicants meet the criteria
describing a person with physical disabilities. One nonhandicapped companion
of a permit holder is covered under the condition of this permit.
2. Existing permits. Those persons possessing a valid permit for use of a
motorized vehicle on game management areas as provided in 571--51.7(461A) may
use a motor vehicle to gain access to recreational opportunities and facilities
within state parks, recreation areas and preserves.
(3) Approved areas. A permit holder must contact the park ranger or natural
resource technician of the specific area that the permit holder wishes to use
on each visit. The park ranger or technician will determine which areas or
portions of areas will not be open to use by permittees, in order to protect
the permittee from hazards or to protect certain natural resources of the area.
The park ranger or technician may assist by arranging access to the areas
within their jurisdiction and by designating specific sites or trails on the
area where the motor vehicle may be used and where it may not be used. The
park ranger or technician will provide a map of the park or recreation area
showing sites where use is permitted and bearing the signature of the ranger or
technician.
(4) Exclusive use. The issuance of a permit does not imply that the permittee
has exclusive use of an area. Permittees shall take reasonable care so as not
to unduly interfere with the use of the area by others.
(5) Prohibited acts and restrictions.
1. Except as provided in 61.5(15)"a," the use of a motor vehicle on any park,
recreation area or preserve by a person without a valid permit or at any site
not approved on a signed map is prohibited. Permits and maps must be carried
by the permittee at any time the permittee is using a motor vehicle on a park,
recreation area or preserve and must be exhibited to any department employee or
law enforcement official upon request.
2. The speed limit for an approved motor vehicle off roadways will be no more
than 15 mph. Permitees found exceeding the speed limit will have the permit
revoked.
3. Any person found causing damage to cultural and natural features or abusing
the privilege of riding off-road within the park will have the permit
revoked.
(6) Employees exempt. Restrictions in subrule 61.5(15) shall not apply to
department personnel, law enforcement officials, or other authorized persons
engaged in research, management or enforcement when in performance of their
duties.
ITEM 6. Amend rule 571--61.6(461A) by adding the following new
subrule:
61.6(10) Wapsipinicon State Park, Jones County. The recreation area
portion of the park is closed to the public from 10:30 p.m. to 4 a.m.
ITEM 7. Amend subrule 61.22(16) as follows:
61.22(16) Viking Lake State Park Recreation
Area, Montgomery County. The embankment of the dam from the parking area
located southeast of the dam area northwesterly across the dam structure to its
intersection with the natural shoreline of the lake.
[Filed 8/21/98, effective 10/14/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8321A
PROFESSIONAL LICENSURE DIVISION[645]
BOARD OF BEHAVIORAL SCIENCE EXAMINERS
Adopted and Filed
Pursuant to the authority of Iowa Code section 147.76, the Board of Behavioral
Science Examiners hereby amends Chapter 30, "Licensure of Marital and Family
Therapists and Mental Health Counselors," and Chapter 31, "Continuing Education
and Disciplinary Process," Iowa Administrative Code.
These amendments specify the requirements for mandatory licensure, limit the
time applications will be kept on file, change the continuing education
compliance period to cover the same time as the renewal compliance period,
clarify the requirements for reinstatement of a lapsed license, and establish a
fee for reinstatement of a lapsed license.
Notice of Intended Action was published in the Iowa Administrative Bulletin on
July 15, 1998, as ARC 8155A. A public hearing was held on August 4,
1998, from 8 to 10 a.m. in the Fourth Floor Conference Room, Iowa Department of
Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075.
Public comment was received from Dr. Harvey Joanning. The adopted amendments
are unchanged from those published under Notice of Intended Action.
The amendments were adopted by the Board of Behavioral Science Examiners on
August 21, 1998.
These amendments will become effective October 14, 1998.
These amendments are intended to implement Iowa Code chapters 154D 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 [30.1 to 30.6, 30.8 to 30.10, 31.1(3), 31.4(1),
31.8(4)] is being omitted. These rules are identical to those published under
Notice as ARC 8155A, IAB 7/15/98.
[Filed 8/21/98, effective 10/14/98]
[Published 9/9/98]
[For replacement pages for IAC, see IAC Supplement 9/9/98.]
ARC 8297A
PROFESSIONAL LICENSURE DIVISION[645]
BOARD OF MORTUARY SCIENCE EXAMINERS
Adopted and Filed
Pursuant to the authority of Iowa Code section 147.76, the Board of Mortuary
Science Examiners hereby amends Chapter 100, "Funeral Directors," and Chapter
101, "Board of Mortuary Science Examiners," Iowa Administrative Code.
The amendments revise licensing, renewal and continuing education requirements.
Fees are established or adjusted for establishment renewals, returned checks,
and reinstatement of a funeral director's license. The date of renewing a
license is changed to the licensee's birth month.
Notice of Intended Action was published in the Iowa Administrative Bulletin on
May 6, 1998, as ARC 7988A. A public hearing was held on May 27, 1998,
from 3:00 to 4:30 p.m., in the Fourth Floor Conference Room, Side 1, Lucas
State Office Building, Des Moines, Iowa. A letter was received from the Iowa
Funeral Directors Association.
The following changes have been made from the Notice of Intended Action:
* In Item 3, paragraph 100.11(4)"b," the phrase "to another" has been
stricken and the paragraph will now read as follows:
If the authorizing person is not available to execute the cremation
authorization form in person, the authorizing person may execute the
authorization form in writing, facsimile transmission, or telegram.
* In Item 41, subrule 101.101(7), the chart which showed the prorating of
continuing education has been eliminated. This change enables the licensees to
transition to the birth month renewal more easily.
* In Item 43, subrule 101.102(4), last sentence, the phrase "and will be
accepted only if approved by the board" has not been adopted and the sentence
will now read as follows:
Self-study credits must be accompanied by a certificate of testing and
successful completion from the sponsoring organization.
The Board has determined that the amendments will have no impact on small
business within the meaning of Iowa Code section 17A.31.
These amendments were adopted by the Board of Mortuary Science Examiners at
the August 13, 1998, Board meeting.
These amendments will become effective October 14, 1998.
The amendments are intended to implement Iowa Code chapters 135, 142, 144, 147,
156, and 272C.
The following amendments are adopted.
ITEM 1. Amend subrule 100.9(1) as follows:
100.9(1) Funeral establishment or cremation establishment license, or
both. Any person or any corporation, partnership, joint venture, voluntary
organization or any other entity doing business in this state may erect,
maintain, and operate a funeral establishment or cremation establishment, or
both, provided the necessary appliances and facilities for the care,
preparation and disposition of human remains are in place. An establishment
license must be obtained and maintained. The establishment license is not
transferable.
ITEM 2. Amend subrule100.10(3) as follows:
100.10(3) Renewal fees shall be received by the board on or before the
end of the last month of the renewal period. Whenever renewal fees are not
received as specified, the license lapses. In addition thereto a penalty fee
of $50 shall be assessed. $5 shall be paid for each and
every day the establishment remains delinquent. Delinquent days will be based
on the postmark on the renewal envelope.
A licensee who allows an establishment license to lapse by failing to renew
it within 60 days of renewal date may apply for reinstatement as
follows:
1. Submit a completed application for reinstatement of a license for an
establishment.
2. Pay the renewal fee(s), penalty fee(s) and reinstatement fee.
ITEM 3. Amend paragraph 100.11(4)"b" as follows:
b. If the authorizing person is not available to execute the cremation
authorization form in person, that person the authorizing
person may execute that authority the authorization
form to another in writing, facsimile transmission, or
telegram.
ITEM 4. Amend paragraph 100.11(5)"b" as follows:
b. No crematory shall cremate human remains when it has actual knowledge that
the human remains contain a pacemaker, have been subjected to nuclear
therapy, or have any other implants or materials which will present a
health hazard to those performing the cremation and processing and pulverizing
the cremated remains.
ITEM 5. Amend paragraph 100.11(5)"f" as follows:
f. Under no circumstances shall an alternative container or casket be opened at
the cremation establishment except for verification to
verify identity, to facilitate proper cremation, or to confirm that no
health hazard implants or materials are present.
ITEM 6. Amend paragraphs 101.1(3)"a" and 101.1(3)"b" as
follows:
a. A minimum of 60 semester hours as indicated on the transcript
in from a regionally accredited college or university
with a minimum of a 2.0 or "C" grade point average. The 60 semester hours
shall not include any technical mortuary science courses; and
b. A course in mortuary science from a school accredited by the American Board
of Funeral Service Education.
The 60 semester hours shall not include any technical or vocational
mortuary science courses.
ITEM 7. Amend rule 645--101.2(147,156), catchwords, and subrules 101.2(1) and
101.2(2) as follows:
645--101.2(147,156) Examinations. Requirements for
licensure.
101.2(1) All applications for examination
licensure must be made upon the official forms supplied by the
Department of Public Health, Lucas Building, Des Moines, Iowa 50319- 0075.
101.2(2) These completed applications shall be filed with the
department of public health, together with satisfactory evidence of completion
of the educational requirements. The examination
application fee must be enclosed with the application, and the fee and
application must be filed with the department of public health before beginning
the internship.
ITEM 8. Rescind and reserve subrule 101.2(4).
ITEM 9. Amend subrule 101.2(5), introductory paragraph and paragraphs
"a" and "b," as follows:
101.2(5) The embalming and funeral directing examination shall
consist of three sections.
a. The board of mortuary science examiners shall accept a
certificate of examination issued by the National
International Conference of Funeral Service Examining Boards, Inc.
indicating a passing score for the written and oral sections
of on the examination as prescribed at Iowa Code sections
156.4(4) and 156.13.
b. Applicants will be required to pass an examination covering
the Iowa law and rules for mortuary science board rules and
state laws prior to being licensed in Iowa. A 75 percent score shall
be required for passing of this examination.
ITEM 10. Rescind paragraph 101.2(5)"c."
ITEM 11. Amend subrule 101.2(10) as follows:
101.2(10) An applicant detected seeking or giving help during the hours
of examination will be dismissed and the applicant's papers canceled,
but the applicant will be entitled to return for examination within
14 after 12 months from the examination date.
ITEM 12. Rescind subrule 101.2(11) and adopt the following new
subrule in lieu thereof:
101.2(11) Applications for licensure shall be retained by the board
office for two years from the date the application was received. To keep the
application active beyond two years, the applicant must submit a written
request to the board 60 days prior to expiration.
ITEM 13. Adopt new subrule 101.2(12) as follows:
101.2(12) License renewal. Beginning July 1, 1999, a license to
practice as a funeral director shall expire every two years on the fifteenth
day of the licensee's birth month. Continuing education requirements shall be
completed within the same renewal period for each license holder. An
application and a continuing education report form for renewal of license to
practice as a funeral director shall be mailed to the licensee at least 60 days
prior to the expiration of the license. Failure to receive the renewal
application shall not relieve the license holder of the obligation to pay
biennial renewal fees on or before the renewal date.
ITEM 14. Adopt new subrule 101.2(13) as follows:
101.2(13) Beginning July 1, 1999, the continuing education requirements
will coincide with the renewal compliance period. The licensee shall submit to
the board office 30 days before licensure expiration the application and
continuing education report form with the renewal fee as specified in rule
101.98(147). Licensees who were issued their initial license within six months
of their birth month will not be required to renew their license until the
fifteenth day of their birth month two years later. The new licensee is exempt
from meeting the continuing education requirement for the continuing education
biennium in which the license was originally issued. Licensees will be
required to report 24 hours of continuing education for every renewal
thereafter.
ITEM 15. Adopt new subrule 101.2(14) as follows:
101.2(14) If the renewal fees are received by the board within 30 days
after the renewal expiration date, a penalty fee is charged. If renewal fees
are received more than 30 days after the renewal expiration date, the license
is lapsed. An application for reinstatement must be filed with the board with
the reinstatement fee, the renewal fee and the penalty fee as outlined in rule
101.98(147). Licensees who fail to submit the renewal application and complete
documentation of continuing education hours shall be required to pay a penalty
fee and shall be subject to an audit of their continuing education report.
ITEM 16. Adopt new subrule 101.2(15) as follows:
101.2(15) Funeral directors who have not fulfilled the requirements for
license renewal or an exemption in the required time frame will have a lapsed
license and shall not engage in the practice of mortuary science.
ITEM 17. Amend paragraph 101.3(1)"c" as follows:
c. Before being eligible to take the practical portion of the mortuary
science examination, for licensure, the intern must have filed
the 25 completed embalming and funeral directing case reports and a 6-month
and a 12-month evaluation form with the department of public health.
ITEM 18. Amend paragraph 101.3(1)"e" as follows:
e. No licensed funeral director or firm of funeral directors
licensed funeral establishment shall have more than one intern funeral
director for the first 100 human remains embalmed or funerals conducted per
year, and with a maximum of two interns per firm funeral
establishment.
ITEM 19. Rescind and reserve paragraph 101.3(1)"g."
ITEM 20. Amend paragraph 101.3(2)"a" as follows:
a. Beginning July 1, 1995, to be eligible to serve as a preceptor,
such A prospective preceptor must have a valid preceptor
certificate. A preceptor must have completed a training course within five
years of accepting an intern. If the certification is older than five years,
the director must recertify as specified by the board.
ITEM 21. Rescind and reserve paragraph 101.3(2)"e."
ITEM 22. Rescind and reserve subparagraph 101.3(2)"f"(1).
ITEM 23. Amend subrule 101.4(1) as follows:
101.4(1) Any person holding a valid license as a funeral director in
another state having requirements substantially equal to those in
Iowa, may apply for a license to practice in this state by
filing an application to practice by endorsement. All applications for
endorsement licenses shall be made on the official forms supplied by the
Department of Public Health, Lucas Building, Des Moines, Iowa
50319-0075.
ITEM 24. Amend subrule 101.4(2) as follows:
101.4(2) All applicants for endorsement licenses will be
required to pass the oral and practical examination before this
board. The following shall be required:
a. An application fee.
b. Official verification of license status mailed directly from the
endorsing state to the board office.
c. An official transcript of grades showing the completion of a mortuary
science program accredited by the American Board of Funeral Service
Education.
d. Official transcript of grades showing 60 semester hours from a regionally
accredited college or university with a minimum of a 2.0 or "C" grade point
average.
e. Successful passage of the Iowa law and rules examination with a score of
at least 75 percent.
ITEM 25. Rescind and reserve subrule 101.4(3).
ITEM 26. Amend subrule 101.4(4) as follows:
101.4(4) All applicants for endorsement licenses shall hold original
license in good standing obtained upon examination in the state from which the
endorsement was received. The examination shall have covered substantially the
same subjects in which an examination is required in Iowa, showing the
applicant has attained a grade of at least 70 percent in each subject
with a minimum of 75 percent overall average passing grade.
Applicants licensed before 1980 are exempt from showing a passing grade on an
examination. The applicant shall have met the educational requirements of
the state of Iowa for a funeral director.
ITEM 27. Amend subrule 101.4(5) as follows:
101.4(5) Each applicant must furnish certified evidence of two or more
years of actual practice as a licensed funeral director in the state
from which the applicant desires to endorse. immediately preceding the
filing of the application for endorsement and must be vouched
for by the board of mortuary science examiners of that state.
ITEM 28. Rescind subrule 101.4(7) and adopt the following new
subrule in lieu thereof:
101.4(7) Licensees who were issued their initial license by endorsement
within six months of their birth month will not be required to renew their
license until the fifteenth day of their birth month two years later. The new
licensee is exempt from meeting the continuing education requirement for the
continuing education biennium in which the license was originally issued.
ITEM 29. Rescind and reserve paragraph 101.5(1)"c."
ITEM 30. Amend paragraph 101.5(1)"d" as follows:
d. Provide evidence of completion of 12 hours of continuing education for each
lapsed year, not to exceed 72 hours. Hours need not
exceed 72 hours if obtained within the past two years, except when there is a
demonstrated deficiency for specialized education as determined by the board
through a personal interview.
(1) The board may grant an extension of time of up to one year to allow
compliance with continuing education requirements for
reinstatement.
(2) An exemption from the required reporting of continuing education
for the purpose of renewal of an active practitioner may be granted by the
board in accordance with rule 101.107(272C).
ITEM 31. Adopt new paragraph 101.5(1)"e" as follows:
e. Must successfully pass the state law and rules examination with a score of
at least 75 percent.
ITEM 32. Rescind and reserve subrule 101.5(2).
ITEM 33. Adopt new rule 645--101.6(147,272C) as follows:
645--101.6(147,272C) Inactive practitioners.
101.6(1) Exemptions. A licensee who is not engaged in the practice of
mortuary science in the state of Iowa may be granted a waiver of compliance and
obtain a certificate of exemption upon written application to the board. The
application shall contain a statement that the applicant will not engage in the
practice of mortuary science in Iowa without first complying with all
regulations governing reinstatement after exemption. The application for a
certificate of exemption shall be submitted upon the form provided by the
board.
101.6(2) Reinstatement of inactive practitioners. Inactive
practitioners who have been granted a waiver of compliance with these rules and
have obtained a certificate of exemption shall, prior to engaging in the
practice of mortuary science in the state of Iowa, satisfy the following
requirements for reinstatement:
a. Submit a written application for reinstatement on a form provided by the
board with the reinstatement fee.
b. Furnish, in addition to the application, evidence of one of the
following:
(1) The full-time practice of mortuary science in another state of the United
States or District of Columbia and completion of continuing education for each
year of inactive status substantially equivalent in the opinion of the board to
that required under these rules; or
(2) Completion of 24 hours of board-approved continuing education and
successful completion of the state law and rules examination administered by
the board.
ITEM 34. Rescind and reserve rule 645--101.7(17A).
ITEM 35. Amend subrule 101.98(3) as follows:
101.98(3) Fee for renewal of a funeral director's license for a
biennial period is $100. Biennial renewal fee for a license
to practice mortuary science for the 1999 renewal cycle only is as
follows:
Birth Month Prorated Fee
July 1999 $100
August 1999 $104
September 1999 $108
October 1999 $112
November 1999 $117
December 1999 $121
January 2000 $125
February 2000 $129
March 2000 $133
April 2000 $137
May 2000 $142
June 2000 $146
ITEM 36. Amend subrule 101.98(9) as follows:
101.98(9) Application fee for reinstatement of a funeral director's
license is $100 $50. Examination fee for
reinstatement of a funeral director's license is $100.
ITEM 37. Adopt new subrules 101.98(12) to 101.98(15) as
follows:
101.98(12) Fee for returned check for insufficient funds is $15.
101.98(13) Fee for funeral establishment is $75.
101.98(14) Fee for three-year renewal of funeral establishment is
$75.
101.98(15) Fee for reinstatement of a funeral establishment is $50.
ITEM 38. Rescind subrule 101.101(2) and adopt the following new
subrule in lieu thereof:
101.101(2) The continuing education compliance period shall be each
biennium beginning the fifteenth day of the licensee's birth month and ending
two years later on the fifteenth day of the birth month. Approved
continuing education programs attended during this time period shall be used as
evidence of fulfilling continuing education requirements.
ITEM 39. Amend subrule 101.101(4) as follows:
101.101(4) Carryover credit of continuing education hours will not be
permitted. Continuing education credit will only be allowed once for the
same course in the renewal cycle.
ITEM 40. Rescind subrule 101.101(6) and adopt the following new
subrule in lieu thereof:
101.101(6) When an initial license is issued via examination, the new
licensee is exempt from meeting the continuing education requirement for the
continuing education biennium in which the license was originally issued.
ITEM 41. Adopt new subrule 101.101(7) as follows:
101.101(7) For the 1999 renewal cycle only, 30 hours of continuing
education will be due. Continuing education hours will return to 24 hours each
biennium at the end of this prorated compliance period.
ITEM 42. Amend subrule 101.102(2) as follows:
101.102(2) It pertains to common subjects or other subject matters
which integrally relate to the practice of mortuary
science;. The course shall fall into one of the categories
outlined below, and the course shall be applicable for funeral service
practitioners. These categories are consistent with those recommended by the
American Board of Funeral Service Education. The following categories are
accepted:
a. Public health and technical: chemistry, microbiology and public health,
anatomy, pathology, restorative art, arterial and cavity embalming.
b. Business management: accounting, funeral home management and
merchandising, computer application, funeral directing, small business
management.
c. Social sciences/humanities: psychology of grief, counseling, sociology
of funeral service, history of funeral service, communication skills,
philosophy.
d. Legal, ethical, regulatory: mortuary law, business law, ethics, federal
trade commission, OSHA, ADA, EPA, preneed regulation, social services, veterans
affairs benefits, insurance, state and county burial benefits, legislative
concerns; and
ITEM 43. Amend subrule 101.102(4) as follows:
101.102(4) Except as may be allowed pursuant to rule
645--101.107(272C), no a licensee
shall may receive credit exceeding 10 percent
of for the total biennium required continuing education hours
in the form of self-study, including television viewing, Internet,
video- or sound-recorded programs, or correspondence work, or by other
similar means as authorized by the board. Self-study credits must be
accompanied by a certificate of testing and successful completion from the
sponsoring organization.
ITEM 44. Adopt new subrules 101.102(5) and 101.102(6) as
follows:
101.102(5) Successfully completed college courses that fall into the
general categories delineated in 101.102(2) shall be accepted.
1. One semester credit = 10 hours of continuing education credit.
2. One trimester credit = 8 hours of continuing education credit.
3. One quarter credit = 7 hours of continuing education credit.
A course description and an official school transcript indicating successful
completion of the course must be provided by the licensee to receive credit for
an academic course if continuing education is audited.
101.102(6) Presenters of a structured continuing education program or
college course that meets the criteria established in 101.102(2) may receive
1.5 times the number of hours granted the attendees. These hours shall be
granted only once per biennium for identical presentations.
ITEM 45. Amend subrule 101.103(2) as follows:
101.103(2) Prior approval of activities. An organization
or person other than an accredited sponsor, which desires prior approval
of a course, program or other continuing education activity, or who desires to
establish accreditation of an activity prior to attendance thereat, shall apply
for approval to the board at least 60 30 days in
advance of the commencement of the activity on a form provided by the board.
The board shall approve or deny the application in writing within 60
30 days of receipt of the application. The application shall
state the dates, subjects offered, total hours of instruction, names and
qualifications of speakers and other pertinent information.
ITEM 46. Amend rule 645--101.200(272C) by adopting the following
new definitions in alphabetical order:
"Crematory" means any person, partnership or corporation that performs
cremation and sells funeral goods.
"Funeral establishment" means a place of business as defined by the board
devoted to providing any aspect of mortuary science.
ITEM 47. Amend rule 645--101.212(272C), catchwords, as follows:
645--101.212(272C) Method of discipline: licensed funeral
director.
ITEM 48. Adopt new rules 645--101.213(272C) and
645--101.214(272C) as follows and renumber existing rule
645--101.213(272C) as 645--101.215(272C):
645--101.213(272C) Method of discipline: licensed funeral establishments and
licensed cremation establishments.
101.213(1) The board has authority to impose the following disciplinary
sanctions:
1. Refuse to issue or renew a license.
2. Revoke a license.
3. Restrict, cancel or suspend a license.
4. Place a license on probation.
5. Impose a penalty not to exceed $10,000.
6. Issue a reprimand.
101.213(2) The board may impose any of the sanctions if the board finds
that the applicant or licensee has done any of the following:
a. Committed fraud in the procurement of an establishment license.
b. Been convicted of a felony or a misdemeanor involving moral turpitude, or if
the applicant is an association, joint stock company, partnership, or
corporation, that a managing officer has been convicted of a felony involving
moral turpitude under the laws of this state, another state, or the United
States.
c. Violated Iowa Code chapter 156 or any rule promulgated by the board or that
any owner or employee of the establishment has violated Iowa Code chapter 156
or any rules promulgated by the board.
d. Knowingly aided, assisted, procured, or allowed a person to unlawfully
practice mortuary science.
e. Failed to engage in or ceased to engage in the business for which the
license was granted.
f. Failed to keep and maintain records as required by Iowa Code chapter 156 or
rules promulgated by the board.
g. Knowingly made misleading, deceptive, untrue or fraudulent representations
in the funeral practice or engaged in unethical conduct or practice harmful or
detrimental to the public. Proof of actual injury need not be established.
h. Engaged in unethical business practices including false or misleading
advertising, falsifying business records or failure to disclose the items.
i. Failed to comply with the requirements of Iowa Code chapter 523A.
j. Violated any of the regulations promulgated by the Federal Trade
Commission.
645--101.214(272C) Disciplinary proceedings for funeral and cremation
establishments. Disciplinary proceedings regarding the funeral
establishment or cremation establishment license shall be initiated and
conducted in conformance with Iowa Code chapter 17A and shall be initiated and
conducted in accordance with the disciplinary procedures for funeral
directors.
[Filed 8/18/98, effective 10/14/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/89.
ARC 8307A
REVENUE AND FINANCE DEPARTMENT[701]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 421.17(19) and 422.68, the Iowa
Department of Revenue and Finance hereby adopts amendments to Chapter 50,
"Apportionment of Income for Resident Shareholders of S Corporations," Iowa
Administrative Code.
Notice of Intended Action was published in IAB, Volume XXI, Number 2, on July
15, 1998, page 125, as ARC 8167A.
Item 1 amends rule 701--50.5(422) to remove references to line numbers on the
1996 federal individual income tax return.
Item 2 amends rule 701--50.7(422) to remove references to value-added S
corporations which are no longer needed.
These amendments are identical to those published under Notice of Intended
Action.
These amendments will become effective October 14, 1998, after filing with the
Administrative Rules Coordinator and publication in the Iowa Administrative
Bulletin.
These amendments are intended to implement Iowa Code section 422.8.
The following amendments are adopted.
ITEM 1. Amend rule 701--50.5(422) to read as follows:
701--50.5(422) Computation of federal tax on S corporation income. The
amount of federal income tax related to the items of income, losses, and
expenses from an S corporation is to be computed by dividing the sum of the
items of income, losses, and expenses by federal adjusted gross income, and the
result multiplied times the sum of the federal income tax line
38 and the federal alternative minimum tax line 46, of the
1996 federal individual income tax return or the appropriate lines from the
current year's return. This resulting tax figure is to be reduced by
the nonrefundable federal tax credits on lines 39 through 42 of
the federal individual income tax return or the appropriate lines from the
current year's return relating to the S corporation income which are a
reduction in tax rather than a payment of tax. A noninclusive list of credits
that are deemed to be a payment of tax are backup withholding on interest,
dividends and other types of income, and credit for motor vehicle fuel
taxes.
This rule is intended to implement Iowa Code section 422.8, subsection 2.
ITEM 2. Amend rule 701--50.7(422) to read as follows:
701--50.7(422) Credit for taxes paid to another state. If a taxpayer
takes elects to take advantage of the apportionment
provisions for a resident shareholder of a value-added
an S corporation, then the taxpayer may not take a credit against Iowa
income tax for income taxes or taxes measured by income paid to another state
or foreign country on the value-added S corporation income.
This rule is intended to implement Iowa Code section 422.8 as amended
by 1996 Iowa Acts, chapter 1197.
[Filed 8/20/98, effective 10/14/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8299A
WORKFORCE DEVELOPMENT BOARD/SERVICES DIVISION[877]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 84A.1B(9) and 96.11, the
Department of Workforce Development adopts Chapter 4, "Coordinating Service
Provider," Iowa Administrative Code.
Notice of Intended Action was published in the Iowa Administrative Bulletin as
ARC 8161A on July 15, 1998. These rules were simultaneously Adopted and
Filed Emergency as ARC 8162A.
Changes to the Notice of Intended Action are as follows: The definition of
"Local elected official" has been added to rule 4.2(84A,84B) to ensure
consistency of terms with the Job Training Partnership Act program. Rule
4.7(84A,84B), numbered paragraph "3," was deleted. Discussions are still in
progress with the Attorney General's Office on the correct way to handle leases
for the Department. The changes were based upon comments from both the public
and Department staff.
The new chapter provides guidance to local workforce development service
providers, regional advisory boards and other interested parties on the
formation of a coordinating service provider in each workforce development
region, its function, and the services provided by workforce development
centers.
The Workforce Development Board adopted the new chapter on August 19, 1998.
These rules will become effective on October 14, 1998, at which time the
Adopted and Filed Emergency rules are hereby rescinded.
These rules are intended to implement Iowa Code section 84A.5(8) and chapter
84B.
The following new chapter is adopted.
CHAPTER 4
COORDINATING SERVICE PROVIDER
877--4.1(84A,84B) Purpose. A coordinating service provider will be
established in each region to manage the workforce development centers, design
products and services, integrate them into a seamless delivery system, and
accept responsibility for the performance of the workforce development
system.
877--4.2(84A,84B) Definitions.
"Coordinating service provider" means the entity that will be responsible for
ensuring that all workforce development services are delivered throughout the
region.
"Department" means the department of workforce development.
"JTPA grantee" means any organization, agency, or unit of government that is
designated by the private industry council to receive and administer Job
Training Partnership Act funds within a region.
"Local elected official" means an official as defined in 877--Chapter 12, Iowa
Administrative Code.
"Participating provider" means a member organization of the coordinating
service provider that is not the department of workforce development or Job
Training Partnership Act grantee.
"Regional advisory board" means an advisory board as defined in 877--Chapter 6,
Iowa Administrative Code.
"Service provider" means an agency or organization in a region that provides
direct services to customers and receives funding directly from the department
of workforce development. The coordinating service provider is also a service
provider.
"Vendor" means an agency or organization in a region that provides direct
services to customers and receives funding from the coordinating service
provider.
877--4.3(84A,84B) Regional advisory boards. The regional advisory
board in each region initiates the formation of the coordinating service
provider by convening a meeting of all workforce development service providers
and other interested parties. Each regional advisory board conducts a regional
needs assessment and analysis plan, which the coordinating service provider
shall utilize in designing its annual service delivery plan. The regional
advisory board approves the 28E agreement that creates the coordinating service
provider and the regional customer service plan before they are submitted to
the state workforce development board for final approval. The regional
advisory board also provides oversight and guidance to the coordinating service
provider on service delivery and the performance of the regional system.
877--4.4(84A,84B) Membership. All interested public and private
workforce development organizations in the region are encouraged to be members
of the coordinating service provider.
4.4(1) Member requirements. Each participating provider shall:
a. Be a corporation duly organized, validly existing and in good standing under
the laws of the state of Iowa or another state and have the full power and
authority to carry on its business in Iowa as now conducted;
b. Demonstrate, to the satisfaction of the department, that it has sufficient
funds to participate in the coordinating service provider and to satisfy
potential liabilities arising from its participation in the agreement;
c. Integrate products and services agreed to be offered through the region's
workforce development system;
d. Use and share customer information through the department's integrated
customer service system;
e. Accept financial responsibility and liability for its actions related to
financial and audit matters, personal injury, property damage, performance
outcomes, employment matters, and all other matters arising out of its
respective performance in the agreement; and
f. Actively participate in the management of the delivery of workforce
development services.
4.4(2) Additional members. After the original formation of the
coordinating service provider, organizations wishing to join the coordinating
service provider and meeting the eligibility criteria may do so with the
approval of the coordinating service provider and regional advisory board on
July 1 of each year.
4.4(3) Member contributions. Each member organization is expected to
contribute resources to the regional workforce development system (for example,
funds, staff, equipment or office space).
877--4.5(84A,84B) 28E agreement. The coordinating service provider
will be formed through the execution of a 28E agreement. The format of the 28E
agreement shall be provided by the department, must meet the requirements of
Iowa Code chapter 28E, and be approved by the attorney general's office. The
28E agreement shall also be approved by the regional advisory board and the
state workforce development board before final execution. The fully executed
28E agreement will be filed by the department with the county recorder in Polk
County and with the secretary of state.
877--4.6(84A,84B) Responsibilities. The coordinating service provider
is responsible for:
1. Developing a budget and approving the expenditure of funds received by the
fiscal agent on behalf of the coordinating service provider.
2. Coordinating the delivery of workforce development services, the design and
implementation of integrated products and services, and the management of the
workforce development center system.
3. Utilizing the department's integrated customer service system.
4. Marketing and maintaining the identity of the regional workforce development
center system.
5. Developing and implementing a regional workforce development customer
service plan based upon the results of the regional assessment and analysis,
product and service priorities established by the department and the regional
advisory board, and developing and implementing a service redesign process.
6. Deciding how best to deliver its products and services and allocating
available funds for the delivery of products and services subject to all
applicable laws and restrictions.
7. Having the authority to enter into contracts necessary to deliver approved
products and services subject to all applicable laws and restrictions. Any
such contracts must be in a form satisfactory to counsel for the department.
The coordinating service provider shall also have authority to purchase
personal property subject to applicable law and regulations.
8. Providing reports to the department, the workforce development board, the
regional advisory board, local elected officials, and the private industry
council as required.
877--4.7(84A,84B) Fiscal agent. Each coordinating service provider
shall select an entity to serve as the fiscal agent to receive and disburse
funds on behalf of the coordinating service provider. If the fiscal agent
selected is not a member of the coordinating service provider, a competitive
process must be used to select the fiscal agent. In order to be a fiscal
agent, an organization must be a legal entity that meets the following criteria
annually:
1. Its most recent audit report including a statement of financial position and
an operating statement must substantiate the financial capability and viability
of the organization; and
2. At the time of entering into a contract with the department, the
organization has a successful preaward survey completed by the state auditor's
office or has a successful preaward survey on file with the state auditor's
office. Community colleges and political subdivisions of the state of Iowa are
exempt from this requirement. In accordance with the state workforce
development board's authority to review grants and contracts, an organization
shall not be denied a contract if the state auditor is not timely in completing
the preaward survey.
877--4.8(84A,84B) Workforce development centers. The purpose of
workforce development centers is to provide a one-stop career center within
each region of the state to deliver an integrated network of information
resources and workforce development services to job seekers, businesses,
employees, students, schools and colleges, and the public at large.
4.8(1) Core services. The following services shall be provided in each
workforce development center in the state:
1. Individual career and employment consulting.
2. Employment readiness training.
3. Occupational skill development.
4. Basic skills development.
5. Individual income and support services.
6. Business employment consulting.
7. Employment networking and placement.
8. Labor market information services.
9. Special assistance with plant closings and layoffs.
10. Community workforce development consulting.
4.8(2) Optional services. Other services may be offered in a workforce
development center by the coordinating service provider based upon needs
identified by each regional advisory board.
4.8(3) Satellite centers. In addition to a full-service workforce
development center in each region, full-time or part-time satellite offices may
be established to provide ease of customer access.
4.8(4) Electronic access. Workforce development services may be
accessed electronically via the Internet and other means.
4.8(5) Service coverage. Every county in each region must have access
to services either through electronic means or through a satellite office or
workforce development center.
4.8(6) Accessibility. All locations must meet the requirements of the
Americans with Disabilities Act. All locations are also encouraged to provide
office hours which meet customers' needs for accessibility.
4.8(7) Other service providers. Other public and private workforce
development vendors are encouraged, but not required, to locate within the
workforce development centers to expand services available to the public.
Organizations locating within the centers will be required to share the cost of
the lease and maintenance of the building and their share of actual secretarial
and other required support costs.
4.8(8) Training assistance. Training assistance shall not be provided
in occupations for which there is a current oversupply of trained persons or in
subjects which are considered as general life improvement, as compared to
educational, job-keeping, job-retention, or skill improvement.
877--4.9(84A,84B) Performance measures. The coordinating service
provider will be required to meet performance measures issued periodically, but
not more than annually, by the department.
877--4.10(84A,84B) Supervision of department staff. If a member
organization of the coordinating service provider is responsible for the
supervision of department staff within the region, the supervision must be in
accordance with department personnel policies, state collective bargaining
contract provisions, and the administrative rules of the department of
personnel. In addition, the member organization and the department shall enter
into a separate 28E agreementspecifically detailing the responsibilities of the
supervision of department staff.
877--4.11(84A,84B) Rules and regulations. The coordinating service
provider shall comply with federal and state laws, regulations, rules, and
policies for the Job Training Partnership Act programs, Wagner-Peyser programs,
veterans services programs, unemployment insurance programs, food stamps
employment and training program, PROMISE JOBS, Iowa welfare-to-work program,
the strategic workforce development fund, and other programs deemed appropriate
and contained in the coordinating service provider guide.
877--4.12(84A,84B) Contract. The department shall issue a contract to
the fiscal agent authorized by each coordinating service provider in the
provider's 28E agreement. The contract is a financial contract and is
contingent upon the annual receipt of federal and state appropriations. The
contract shall be modified each year to reflect changes in budget, performance
and customer satisfaction measures and other federal and state requirements.
877--4.13(84A,84B) Vendors. Organizations which are not a part of the
coordinating service provider but receive funding for services from the
coordinating service provider shall be selected through a procurement process.
In most cases, a competitive bidding process shall be required, but, when
appropriate, sole source selection is allowable. Examples of allowable sole
source selection include, but are not limited to, procuring on-the-job training
providers and classroom training courses for a single participant.
877--4.14(84A,84B) Incentives and sanctions. If the coordinating
service provider meets all of its performance outcome requirements and a
required level of customer satisfaction, incentives consistent with federal and
state laws and regulations could be given. In the event the coordinating
service provider does not meet performance outcome requirements, the department
will assist the coordinating service provider to improve its performance. If a
coordinating service provider does not meet performance outcome requirements
for two consecutive years, a new coordinating service provider shall be
selected using a competitive process.
877--4.15(84A,84B) Planning process. The planningprocess should be
conducted to allow opportunity for employers, labor organizations, communities,
community-based organizations and the public to provide input into the plan.
At a minimum, one public hearing shall be conducted and a public notice of the
planning process issued no later than ten days prior to the public hearing.
4.15(1) Public notice. The public notice describes the region's
planning process, location of where and how the draft and final regional plan
may be obtained, and how to provide input into the planning process. The
notice also includes a federal funds contribution statement, including the
percentage of total cost of programs which will be financed with federal funds,
dollar amounts of federal funds for each program, and the percentage and dollar
amounts of the total cost of each program that will be financed from
nongovernmental sources.
4.15(2) Legislative notice. Ten days prior to the submittal of the
plan to the regional advisory board and local elected officials for review and
approval, the proposed plan shall be made available to each house of the state
legislature. Copies should be sent to the Secretary of the Senate, State
Capitol, Des Moines, Iowa 50319, and the Chief Clerk of the House, State
Capitol, Des Moines, Iowa 50319.
4.15(3) Education notice. Ten days prior to the submittal of the plan
to the regional advisory board and local elected officials for review and
approval, the proposed plan shall be made available to the primary area
education agency of the region, the primary community college, and the local
vocational area planning council.
4.15(4) Labor notice. Ten days prior to the submittal of the plan to
the regional advisory board and local electedofficials for review and approval,
the proposed plan shallbe made available to local labor unions and local
labor-management committees.
4.15(5) Final plan. The final plan shall be submitted to the regional
advisory board and local elected officials for review and approval. After
their joint approval, the plan shall be submitted to the department by June 1
of each year for review and approval by the state workforce development board.
If the regional advisory board and local elected officials are unable to agree
on the approval of the plan, the department will facilitate a process for
agreement to be reached locally.
877--4.16 to 4.25 Reserved.
These rules are intended to implement Iowa Code section 84A.5(8) and chapter
84B.
[Filed 8/19/98, effective 10/14/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8300A
WORKFORCE DEVELOPMENT BOARD/SERVICES DIVISION[877]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 84A.1B(9) and 96.11, the
Department of Workforce Development adopts amendments to Chapter 10, "Youth
Affairs," Iowa Administrative Code.
Notice of Intended Action was published in the Iowa Administrative Bulletin as
ARC 8163A on July 15, 1998. These amendments were simultaneously
Adopted and Filed Emergency as ARC 8164A.
Subrule 10.3(2) has been changed from the Notice to allow the flexibility of
selecting participating providers for the In-School Component from providers
from previous years or members of the region's coordinating service providers.
This will ensure that the In-School Component will be able to provide service
to eligible youth when school starts in late August.
The amendments provide for higher local matching contributions required in 1998
Iowa Acts, Senate File 2296; change the percent of funds that must be spent for
youth wages and fringe benefits; change the authority for the selection of
sponsoring agencies from the Department of Workforce Development to the 15
regional advisory boards; and make other minor technical changes.
The Workforce Development Board adopted the amendments on August 19, 1998.
These amendments will become effective on October 14, 1998, at which time the
Adopted and Filed Emergency amendments are hereby rescinded.
The amendments are intended to implement Iowa Code section 84A.7 and 1998 Iowa
Acts, Senate File 2296, section 9(5).
The following amendments are adopted.
ITEM 1. Amend rule 877--10.1(84A), introductory paragraph, as follows:
877--10.1(84A) Iowa conservation corps. The department of workforce
development is responsible for administering the Iowa conservation corps. The
purpose of the Iowa conservation corps (ICC) is to provide meaningful and
productive public service jobs for the young, the unemployed, and the
handicapped, and the elderly.
ITEM 2. Amend subrule 10.1(1) as follows:
10.1(1) Components. The Iowa conservation corps consists of
four three program components: an in-school public
service employment program for disadvantaged and handicapped youth; a summer
employment program for youth from all social and economic classifications;
a year-round volunteer program; and a program for unemployed
young adults.
ITEM 3. Amend subrule 10.2(2) as follows:
10.2(2) Participating agencies. Nonprofit private and public agencies
will be chosen to operate summer employment programs through a request for
proposal process. For fiscal year 1999, regional advisory boards have the
option of selecting participating agencies from the agencies that have been
participating agencies of this component from previous fiscal years using sole
source procurement procedures. Sole source procurement will ensure the timely
implementation of the program during the summer of 1998. The
request for proposal, application form, and selection criteria are available
upon request in writing or orally from the Department of Workforce Development,
150 Des Moines Street, Des Moines, Iowa 50309. Selection criteria for
participating agencies will follow 10.2(3). Each participating agency is
required to provide 35 percent of its total project costs as the local matching
requirement. Of the 35 percent, no more than 10 percent may be in-kind
services. The remaining 25 percent shall be in the form of cash.
ITEM 4. Amend subrule 10.2(3) as follows:
10.2(3) Selection system. Before applications are rated for
funding, the department of workforce development will review the applications
for the following five mandatory items:
a. Thirty-five percent of the total project costs shall be provided
from local sources with a minimum of 25 percent cash and a maximum of 10
percent in-kind services;
b. Proposed objectives shall be related to the goals of the summer
component of the Iowa Conservation Corps;
c. An environmental awareness component is included in the proposed
program;
d. A health and safety plan for staff and participants is
outlined;
e. The description of proposed work projects demonstrates the
applicant's understanding of the program's goals. Deletion of any one of the
five items will automatically disqualify the application from
consideration.
After the applications are screened for the five mandatory items, three
persons designated by the director of the department of workforce development
will independently score each application using a 100-point system. The three
scores will then be averaged and the applications ranked from highest to lowest
average score. The applications receiving the highest scores will be awarded
contracts for a summer program of the Iowa conservation corps. A maximum of 25
points will be given for budget factors (includes, for example, accuracy of
budget calculations, budget detail provided, allowability of costs, firm
commitments of local match); 50 points for program design factors (includes,
for example, variety and quality of work projects, quality of environmental
program, comprehensiveness of health and safety program, equitability and
fairness of recruiting and selection system, completeness of responses); and 25
points for training and education; degree to which the proposal provides
enrollees with work skills, job retention skills, job search techniques and
work ethics. Each regional advisory board shall develop a regional
request for proposal (RFP), including at a minimum the RFP selection criteria,
work projects and environmental awareness activities to be conducted, health
and safety plan, staff roles and responsibilities, and a detailed budget. The
RFP will be widely distributed throughout the region to potential participating
agencies.
ITEM 5. Amend subrule 10.2(6) as follows:
10.2(6) Local contribution. Thirty-five Fifty
percent of the total project cost shall be provided from local sources. Up to
a maximum of 10 25 percent of the total project costs
may be in the form of in-kind services.
ITEM 6. Amend subrule 10.2(7), paragraph "h," as follows:
h. All sponsoring agencies are required to conduct an audit performed by a
certified public accountant within 90 days following the termination date of
the contract.
If an agency conducts an agencywide audit in accordance with the federal OMB
Circular A-128 A-133, the audit shall be due within 90
days of the end of the agency's fiscal year. In the case of agencies
utilizing the state auditor, the audit will be required 30 days after the state
auditor issues the audit report.
ITEM 7. Amend subrule 10.2(8), paragraph "a," as follows:
a. Enrollee wages based on the minimum wage for an average of 32 hours per
week. Youth leaders may be paid an additional 25 cents per hour. A minimum of
55 85 percent of the budget state
funds awarded shall be allocated to enrollee wages and benefits.
ITEM 8. Rescind and reserve subrule 10.2(9).
ITEM 9. Amend subrule 10.2(10) as follows:
10.2(10) Program reporting. Sponsoring agencies shall submit monthly
financial reports and a final performance report as required by the
department and the regional advisory board. The format and due
dates of the reports shall be specified by the department of workforce
development. All contractors shall report the amount of grant funds expended
for wages and fringe benefits for all minority youth employed.
ITEM 10. Amend subrule 10.3(2) as follows:
10.3(2) Participating agencies. Nonprofit private and public agencies
will be chosen to operate in-school programs through a request for proposal
process. For fiscal year 1999, regional advisory boards have the option of
selecting participating agencies from the agencies that have been
participating agencies of this component from previous fiscal years or a member
of the region's coordinating service provider using sole source procurement
procedures. Sole source procurement will ensure the timely implementation of
the program during the fall of 1998. The request for proposal,
application form and selection criteria are available upon request in writing
or orally from the Department of Workforce Development, 150 Des Moines Street,
Des Moines, Iowa 50309. Selection criteria for participating agencies are
specified in 10.3(3). Applicant agencies may apply to serve youth in a school
district, a county, a planning area as designated in 10.3(11), or a combination
of counties.
ITEM 11. Amend subrule 10.3(3) as follows:
10.3(3) Selection system. Only applicants who meet the program
procedures and requirements, as found in the request for proposal package, will
be funded. In order to be considered for funding, each proposal shall satisfy
the following four items:
a. Thirty-five percent of the total project costs shall be provided
from local sources as the agency's match with a minimum of 25 percent cash and
a maximum of 10 percent in-kind services;
b. Proposed objectives shall be related to the goals of the in-school
component of the Iowa conservation corps;
c. Proposed project shall include work experience, support services and
project administration components;
d. The description of the proposed job slots will demonstrate the
applicant's understanding of the program goals.
After the applications are screened for the four mandatory items, three
persons designated by the director of the workforce development department
shall independently score each application using a 100-point system. The three
scores will then be averaged and the applications ranked from highest to lowest
average score for each school district, county or area served. Contracts for
each school district, county, counties or planning areas will be awarded to the
applicant agencies scoring the highest point average. A maximum of 25 points
will be given for budget factors (includes, for example, accuracy of budget
calculations, budget detail provided, allowability of costs, firm commitments
of local match); 50 points for program design factors (includes, for example,
variety and quality of work projects, quality of support services program,
comprehensiveness of program, completeness of responses); and 25 points for
training and education; degree to which enrollees are provided with work
skills, job retention skills, job search techniques, and work ethics.
Each regional advisory board shall develop a regional request for proposal
(RFP), including at a minimum the RFP selection criteria, participant work
sites, career awareness activities to be conducted, staff roles and
responsibilities, and a detailed budget. The RFP will be widely distributed
throughout the region to potential participating agencies.
ITEM 12. Amend subrule 10.3(6) as follows:
10.3(6) Local contribution. Thirty-five Fifty
percent of the total project costs shall be provided from local sources. Up
to a maximum of 20 percent of the total project costs may be in the form of
in-kind services.
ITEM 13. Amend subrule 10.3(8), paragraph "d," as follows:
d. Notes to the financial statements and comments on questioned costs and
accounting systems weaknesses.
If the audit of the contract is included as a part of an annual agencywide
audit conducted in accordance with the federal OMB Circular
A-128 A-133, the audit will meet the requirements of
the subrule. The audit report shall be due within 90 days of the end of the
agency's fiscal year, rather than 90 days within the end of the contract.
In the case of agencies utilizing the state auditor, the audit will be required
30 days after the state auditor issues the audit report.
ITEM 14. Amend subrule 10.3(9), paragraph "c," as follows:
c. Administrative costs. Administrative costs including those for support
services may not exceed 20 percent of the total project budget, unless a higher
amount, not to exceed 30 percent, is specifically allowed in writing by the
department of workforce development regional advisory board
based on adequate justification submitted by the contractor.
Allowable administrative costs are limited to: project management (job
development, placement, supervision, recruitment, certification), bookkeeping,
payroll activities, travel, consumable supplies, printing, audit, postage,
telephone, and rent. Every effort should be made to share costs with other
programs and agencies to minimize administrative expenses.
Where extreme circumstances exist and the contractor receives specific
written permission from the department of workforce development, interest on
commercial bank 30-day loans is allowable.
Travel reimbursements shall not exceed mileage, meals and lodging allowed for
state employees.
ITEM 15. Amend subrule 10.3(10) as follows:
10.3(10) Funds allocation. One-fourth of the state funds
available for operation in the in-school component of the Iowa conservation
corps shall be allocated to each county based on that county's share of the
total number of dropouts in the state, as shown by the most recent department
of education statistics; one-fourth shall be allocated to each county based on
that county's share of the total number of youth aged 16 to 21 in the state, as
shown by the most current available census data; one-fourth shall be allocated
to each county based on that county's share of the total number of persons
living at or below the poverty level in the state as most recently reported by
the Iowa department of revenue and finance; and the final one-fourth shall be
allocated to each county based on that county's share of the state's total
number of persons unemployed, as shown by the most recent department of
workforce development report. Money allocated to counties in which no
in-school component operates shall be reallocated to counties in which
in-school projects do operate. Regional advisory boards will
determine funds available for this component on an annual basis.
ITEM 16. Rescind and reserve subrule 10.3(11).
ITEM 17. Rescind and reserve rule 877--10.4(84A).
ITEM 18. Amend subrule 10.5(2) as follows:
10.5(2) Participating agencies. Nonprofit private and public agencies
will be chosen to operate programs through a request for proposal process.
The request for proposal, application form, and selection criteria are
available upon request from the Department of Workforce Development, 150 Des
Moines Street, Des Moines, Iowa 50309. Selection criteria for participating
agencies are stated in subrule 10.5(3). Each participating agency is required
to provide 35 percent of the total project costs as the local matching
requirement. Of the 35 percent, no more than 10 percent may be in-kind
services. The remaining 25 percent shall be in the form of cash.
For fiscal year 1999, regional advisory boards have the option of selecting
participating agencies from the agencies that have been participating agencies
of this component from previous fiscal years using sole source procurement
procedures. Sole source procurement will ensure the timely implementation of
the program during the summer of 1998.
ITEM 19. Amend subrule 10.5(3) as follows:
10.5(3) Selection system. Three persons designated by the
director of the department of workforce development will independently score
each application using a 100-point system. The scores will be averaged and the
applications receiving the highest scores will be recommended for funding. The
director will review the recommendations and issue a final decision based on
various factors, such as, for example, geographical distribution of the
projects, and economic impact. A maximum of 25 points will be given for budget
factors (includes, for example, accuracy of budget calculations, budget detail
provided, allowability of costs, and firm commitments of local match); 50
points for program design factors (includes variety and quality of work
projects, comprehensiveness of health and safety program, equitability and
fairness of recruiting and selection system, completeness of responses, degree
to which the proposal provides corps members with work skills, job retention
skills, job search techniques, and work ethics); and 25 points for demonstrated
need for the project. Each regional advisory board shall develop a
regional request for proposal (RFP), including at a minimum the RFP selection
criteria, work projects and environmental awareness activities to be conducted,
health and safety plan, staff roles and responsibilities, and a detailed
budget. The RFP will be widely distributed throughout the region to potential
participating agencies.
ITEM 20. Amend subrule 10.5(6) as follows:
10.5(6) Local contribution. Thirty-five Fifty
percent of the total project cost shall be provided from local sources.
Twenty-five percent shall be in the form of cash and 10
25 percent may be in the form of in-kind services directly to the
operation of the project.
ITEM 21. Amend subrule 10.5(7), paragraph "g," as follows:
g. All participating agencies are required to conduct an audit performed by a
certified public accountant within 90 days following the termination date of
the contract. If an agency conducts an agencywide audit in accordance with the
federal OMB Circular A-28 A-133, the audit shall be due
within 90 days of the end of the agency's fiscal year. In the case of agencies
utilizing the state auditor, the audit will be required 30 days after the state
auditor issues the audit report.
ITEM 22. Amend subrule 10.5(8), paragraph "a," as follows:
a. Corps members' wages based on the minimum wage for an average of 40 hours
per week. A minimum of 55 percent of the budget One
hundred percent of state funds awarded shall be allocated to corps members'
wages and fringe benefits.
ITEM 23. Rescind and reserve subrule 10.5(9).
ITEM 24. Amend subrule 10.5(10) as follows:
10.5(10) Program reporting. Participating agencies shall submit
monthly financial reports and a final performance report as required by the
department and the regional advisory board. The format will be
provided by the department of workforce development. All contractors shall
report the amount of grant funds expended for wages and fringe benefits for all
minority youth employed.
[Filed 8/19/98, effective 10/14/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8301A
WORKFORCE DEVELOPMENT BOARD/SERVICES DIVISION[877]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 84A.1B(9) and 96.11, the
Department of Workforce Development adopts amendments to Chapter 11, "Work
Force Investment Program," Iowa Administrative Code.
Notice of Intended Action was published in the Iowa Administrative Bulletin as
ARC 8159A on July 15, 1998. These amendments were simultaneously
Adopted and Filed Emergency as ARC 8160A.
Subrule 11.3(6) was changed from the Notice to allow the Regional Advisory
Boards (RABs) to select project operators from project operators of previous
years or a member of the region's coordinating service provider to provide
service under this chapter this fiscal year only. The RABs did not feel they
had enough time from the passage of the legislation to the beginning of the
fiscal year to develop a request for proposal and select new service providers
without denying or delaying needed services to current participants.
The amendments provide for a local matching contribution required in 1998 Iowa
Acts, Senate File 2296; change the authority for the selection of sponsoring
agencies from the Department of Workforce Development to the 15 regional
advisory boards; and make other minor technical changes.
The Workforce Development Board adopted the amendments on August 19, 1998.
These amendments will become effective on October 14, 1998, at which time the
Adopted and Filed Emergency amendments are hereby rescinded.
These amendments are intended to implement Iowa Code section 84A.8 and 1998
Iowa Acts, Senate File 2296, section 9(5).
The following amendments are adopted.
ITEM 1. Amend subrule 11.3(3) as follows:
11.3(3) Required inclusions in the proposal. DWD, in
consultation with the WDB, The regional advisory board will
determine the required elements of the proposal which will be published in the
request for proposal. Required inclusions may include, but are not limited to:
identification of the target group(s) to be served, statement of financial
need, signatures of project collaborators verifying coordination and
collaboration efforts, proposed budget, description of the program design,
goals and expected outcomes, evaluation of performance methods, past
performance information, and signature of authorized official.
ITEM 2. Amend subrule 11.3(5) as follows:
11.3(5) Selection process. Selection of projects to be funded will be
made by the director of the DWD or the director's designee
the regional advisory board after the proposals have been scored and
recommended by an a three-person evaluation team
appointed by the regional advisory board.
a. Each reviewer on the evaluation team will evaluate each proposal
independently for acceptability and will assign a numerical score to each
proposal using the review criteria and point values listed in the request for
proposal.
b. All reviewers' scores for each proposal will be averaged to obtain the final
average score for the proposal.
c. A project must obtain a final average score of at least 70 out of a maximum
of 100 points to be considered for funding.
ITEM 3. Amend subrule 11.3(6) as follows:
11.3(6) Continuing projects. DWD The regional
advisory board reserves the right to designate, in consultation
with the WDB, the amount of funds available for continuing proj-ects.
For fiscal year 1999, regional advisory boards have the option of selecting
project operators from the agencies that have operated projects in previous
years or a member of the region's coordinating service provider using sole
source procurement procedures. Sole source procurement will ensure the timely
implementation of the program.
ITEM 4. Amend rule 877--11.4(84A) as follows:
877--11.4(84A) Maximum grant amounts. DWD in consultation with
the WDB The regional advisory board will set maximum grant
amounts and publish the limitations in the request for proposal.
ITEM 5. Rescind and reserve rule 877--11.5(84A).
ITEM 6. Amend subrule 11.6(1) as follows:
11.6(1) Allowable training activities and support services. The
allowable training activities and support services under this program will be
determined by DWD in consultation with the WDB the regional
advisory board and published in the request for proposal.
ITEM 7. Amend rule 877--11.7(84A), introductory paragraph, as follows:
877--11.7(84A) Eligible participants. The target groups for this
program will be established by DWD in consultation with the
WDB the regional advisory board. The list of target groups and
the definition of each will be published in the request for proposal.
ITEM 8. Amend subrule 11.7(3) as follows:
11.7(3) JTPA definition used. The JTPA definitions of the target
groups will be used whenever possible. If no JTPA definition exists for a
target group, DWD the regional advisory board will
develop the definition in consultation with the WDB and
publish it in the request for proposal.
ITEM 9. Amend rule 877--11.8(84A) as follows:
877--11.8(84A) Displaced homemaker set-aside. Funds will be set aside
for displaced homemaker projects as prescribed by legislation, or if not
prescribed by law, as determined by DWD in consultation with the
WDB the regional advisory board.
ITEM 10. Amend subrule 11.9(1) as follows:
11.9(1) Contracts. Upon selection of a proposal for funding, the DWD
will issue a contract to the fiscal agent of the appropriate coordinating
service provider. These rules and applicable federal and state laws and
regulations become a part of the contract by reference.
ITEM 11. Amend rule 877--11.10(84A) as follows:
877--11.10(84A) Redistribution of funds. DWD The
regional advisory board reserves the right to recapture and redistribute
funds based upon projected expenditures, if it appears that funds will not be
expended in accordance with the proposed budget for a project.
[Filed 8/19/98, effective 10/14/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8302A
WORKFORCE DEVELOPMENT BOARD/SERVICES DIVISION[877]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 84A.1B(9) and 96.11, the
Department of Workforce Development adopts Chapter 14, "Iowa Welfare-to-Work
Program," Iowa Administrative Code.
Notice of Intended Action was published in the Iowa Administrative Bulletin as
ARC 8165A on July 15, 1998. These rules were simultaneously Adopted and
Filed Emergency as ARC 8166A.
Changes from the Notice of Intended Action were the deletion of all references
to the regional advisory boards in rules 14.3(84A,PL105-33),
14.4(84A,PL105-33), and 14.8 (84A,PL105-33). According to federal rules and
regula-tions for the Welfare-to-Work Program, only private industry councils
have the authority to approve and oversee localwelfare-to-work plans and
program operators.
The new chapter provides guidance to county officials, private industry
councils, workforce development program administrators, and welfare recipients
on the implementation and operation of the federally authorized Welfare-to-Work
Program. The purpose of the program, planning guidelines, programmatic
requirements, and eligible services are described.
The Workforce Development Board adopted the new chapter on August 19, 1998.
These rules will become effective on October 14, 1998, at which time the
Adopted and Filed Emergency rules are hereby rescinded.
These rules are intended to implement Iowa Code chapter 84A and P.L.105-33.
The following new chapter is adopted.
CHAPTER 14
IOWA WELFARE-TO-WORK PROGRAM
877--14.1(84A,PL105-33) Designation of responsibility. The department
of workforce development was designated by the governor as the department
responsible for activities and services under the Welfare-to-Work Program
authorized by the Balanced Budget Act of 1997 (P.L.105-33).
877--14.2(84A,PL105-33) Purpose. The purpose of the Iowa
welfare-to-work program is to provide transitional assistance which moves
welfare recipients into unsubsidized employment providing good career potential
for achieving economic self-sufficiency. In addition, the program is intended
to assist the state and local communities to achieve welfare reform goals and
to meet the requirements of the Personal Responsibility and Work Opportunity
Reconciliation Act (P.L.104-193).
877--14.3(84A,PL105-33) Definitions.
"Coordinating service provider" means an organization formed through a 28E
agreement to deliver workforce development products and services within a
service delivery area.
"Department" means the department of workforce development.
"Private industry council" means a council as defined in 877--Chapter 12, Iowa
Administrative Code.
"Program operator" means an entity designated by the private industry council
to directly receive funds and administer a welfare-to-work program in a service
delivery area.
"Service delivery area" means a region within the state designated by the state
workforce development board for the purposes of the Job Training Partnership
Act.
"Subrecipient" means an entity that receives funds from a program operator to
deliver direct client services.
877--14.4(84A,PL105-33) Private industry council. In each region that
is to receive funding, the private industry council approves a welfare-to-work
proposal which designates a local program operator(s) to serve as the grantee
to receive and expend welfare-to-work funds. In addition to proposal approval,
the private industry council is responsible for the local oversight of the
implementation of the welfare-to-work program.
877--14.5(84A,PL105-33) Certifications. All program operators must
certify, as a condition to receive funding, compliance with the following laws
and implementing regulations:
1. Title IV, Part A of the Social Security Act, as amended by the Balanced
Budget Act of 1997 (P.L. 105-33).
2. U.S. Department of Labor (DOL) implementing regulations as described in 20
CFR Part 645.
3. DOL Administrative regulations (20 CFR Parts 31, 32 and 34).
4. Age Discrimination Act of 1975 (P.L. 90-202) and DOL implementing
regulations.
5. Civil Rights Act of 1964 (P.L. 88-352) and DOL implementing regulations (29
CFR Part 31).
6. Americans with Disabilities Act of 1990 (P.L. 101-336) and Department of
Justice implementing regulations (8 CFR 274a).
7. Section 504 of the Rehabilitation Act of 1975 (P.L. 93-651).
8. DOL nonprocurement, debarment, and suspension regulations (49 CFR Part
29).
9. Iowa civil rights Act of 1965, as amended.
10. OMB Circulars on Uniform Administrative Requirements (29 CFR Parts 95 and
97).
11. Fair Labor Standards Act of 1938 as amended (P.L. 95-151) and DOL
implementing regulations (29 CFR 570-580).
12. Other relevant regulations as noted in the Iowawelfare-to-work handbook.
877--14.6(84A,PL105-33) Regional allocation formula. Eighty-five
percent of welfare-to-work funds received by the state shall be allocated to
the service delivery areas based upon a formula. The remaining 15 percent
shall be retained by the department for competitive projects to help long-term
recipients of family investment program (FIP) funds and noncustodial parents
enter unsubsidized jobs approved by the state workforce development board;
purchases of hardware and software to track program participation; expenditures
to integrate the welfare-to-work program into the department's integrated
customer service system; and administrative program oversight, including staff
training and technical assistance.
The service delivery area formula shall be calculated using the following
factors: the percentage of persons in poverty above 7.5 percent in an area; the
number of adult recipients of public assistance for 30 months or more in an
area; and the number of unemployed persons in an area. The formula must base
at least 50 percent of the allocation on the number of persons in poverty.
If an area receives less than $100,000 under the formula, the state workforce
development board has the option to allocate 15 percent of the funds to
increase an area's allocation to the $100,000 threshold or deny funds to the
area and use the funds allocated to the area for activities authorized for the
15 percent pool.
877--14.7(84A,PL105-33) Eligible program operators. To be designated
as a program operator, an organization must be a member of the region's
coordinating service provider or be willing to join the region's coordinating
service provider.
877--14.8(84A,PL105-33) Proposal requirements. Each regional
welfare-to-work proposal shall contain the following elements:
1. Designation of a program operator(s) to receive and expend the
welfare-to-work funds.
2. Identification of how funds may be targeted to serve specific groups within
the eligible population.
3. Description of the types of services to be provided.
4. Description of how program services will be coordinated with the PROMISE
JOBS program, the Iowa department of human services, and other regional
employment and training activities and support services available in the
service delivery area.
5. Description of how the welfare-to-work program will be integrated into the
regional workforce development center services.
After appropriate approval by the private industry council, the proposal shall
be incorporated into the region's workforce development customer service
plan.
The approved proposal must be submitted to the department for review and
approval of the state workforce development board. The regional proposals will
be the basis of the department's submittal of a state plan for welfare-to-work
required by the Department of Labor.
877--14.9(84A,PL105-33) Matching requirements. As a condition of
receiving welfare-to-work state funds, each program operator must provide an
appropriate match in the form of either cash or in-kind services. In-kind
services must be necessary expenses related to the program's operation and
allowable under state and federal regulations. Specific matching requirements
will be issued with the annual planning instructions.
877--14.10(84A,PL105-33) Service requirements. At least 70 percent of
the grant funds must be spent on individuals who face two of three specific
labor market deficiencies and who are long-term welfare recipients; or who face
termination from Temporary Assistance for Needy Families (TANF) within 12
months; or who are noncustodial parents of minors whose custodial parents meet
these criteria. Labor market deficiencies include a lack of a high school
diploma or graduate equivalency degree and low reading or math skills;
substance abuse treatment prior to employment; and a poor work history.
Up to 30 percent of grant funds may be spent on individuals who are "recent"
TANF recipients or noncustodial parents who have characteristics associated
with long-term welfare dependence (for example, being a high school dropout,
having experienced a teenage pregnancy, or having a poor work history).
877--14.11(84A,PL105-33) Eligible activities. Activities conducted
with grant funds must be designed with the idea of moving welfare recipients
into work first, then providingemployment-based activities to allow them to
secure and retain unsubsidized employment. The following activities are
allowable services using welfare-to-work grant funds.
14.11(1) Job readiness activities may be provided by the program
operator or financed through job vouchers or through contracts with public or
private providers, including training for individuals starting their own
businesses.
14.11(2) Employment activities include community service
programs, work experience programs, job creation through public or private
sector employment wage subsidies, on-the-job training, and job placement
services. Contracts or vouchers for job placement must include a provision
that at least one-half of the payment occurs after the individual has been
placed in the workforce for six months.
14.11(3) Postemployment services may be provided by the program
operator or financed through job vouchers or contracts with subrecipients.
Postemployment services include, but are not limited to, basic educational
skills training, occupational skills training, English as a second language,
and mentoring. These services are only designed for persons who are placed in
employment activities, working in subsidized or unsubsidized jobs,
self-employed, or participating in a registered apprenticeship program.
14.11(4) Job retention services and support services can be
provided to all participants engaged in job readiness and employment activities
or in any subsidized or unsubsidized job. Allowable services include, but are
not limited to, transportation, substance abuse treatment (not medical
treatment), child care assistance, and emergency or short-term housing. These
services may be provided by welfare-to-work funds only if the services are not
otherwise available through other funding sources, such as PROMISE JOBS, state
child care assistance, substance abuse prevention and treatment block grants,
or other state or local funds.
14.11(5) Each participant will receive an orientation, assessment, and
service agreement after enrollment in the program.
877--14.12(84A,PL105-33) Grant agreements. Each program operator will
receive a financial agreement for the administration of welfare-to-work grant
funds. The service delivery area's welfare-to-work proposal will be
incorporated into the agreement.
877--14.13(84A,PL105-33) Performance standards. Performance standards
for program operators will be issued annually, and progress will be reviewed
monthly. At a minimum, the performance standards will include the
following:
1. Increase the percentage of family investment program (FIP) participants with
earned income.
2. Increase the statewide average wage level of those leaving FIP.
3. Increase the percentage of persons not returning to FIP.
4. Increase the amount of child support paid to children of FIP participants
through the participation of noncustodial parents in the welfare-to-work
program.
877--14.14(84A,PL105-33) Grant reporting and compliance review.
Program operators are required to submit a monthly financial report, quarterly
progress reports and a final financial and performance report to the
department.
Compliance review will be conducted through three types of review: quarterly
performance reviews, program compliance reviews, and financial management
compliance reviews.
14.14(1) Quarterly performance review. The review
includes a review of enrollment activity and demographics of participants,
actual expenditures compared to planned expenditures, required match, allowable
cost categories, and performance achievement.
14.14(2) Annual compliance review. The review is
conducted on site in each service delivery area by a state welfare-to-work
coordinator. The comprehensive review includes a review of participant files
to confirm participant eligibility, compliance with policies on program
activities and services, a review of the management information system, local
monitoring activities, compliance with local plans, and a review of local
administrative procedures.
14.14(3) Financial management compliance review. The
review is conducted on site twice a year by a budget analyst of the department.
The review includes all aspects of local financial management, fiscal controls
and accountability, adherence to cost limitations and requirements, and
appropriateness of local match.
877--14.15(84A,PL105-33) Program operator sanctions. Failure to meet
performance or financial management standards may result in sanctions.
Sanctions are progressive in severity depending on the willfulness, severity or
flagrancy of the violation. If all efforts to correct deficiencies fail, the
department may seek an alternative program operator(s) for the service delivery
area. Sanctions that may be imposed are listed below.
1. Disallowance of costs associated with the particular violation or deficiency
and repayment of the disallowed costs.
2. Discontinuation of fund drawdowns until the violation or deficiency
has been corrected.
3. Prohibition of the use of certain subrecipients.
4. Revocation of all or any part of the grant agreement affected.
877--14.16(84A,PL105-33) Financial management. Program operators must
comply with the financial management standards outlined in rule
877--12.13(7B,PL97-300, PL102-367), Iowa Administrative Code.
877--14.17(84A,PL105-33) Auditing. Program operators must comply with
the auditing standards outlined in rule 877--12.14(7B,PL97-300,PL102-367), Iowa
Administrative Code.
877--14.18(84A,PL105-33) Debt collection procedures. Program operators
must comply with the debt collection procedures outlined in rule
877--12.15(7B,PL97-300, PL102-367), Iowa Administrative Code.
877--14.19(84A,PL105-33) Complaint procedures. Program operators must
comply with the complaint procedures outlined in rules
877--12.19(7B,PL97-300,PL102-367) to 12.21(7B,PL97-300,PL102-367), Iowa
Administrative Code.
These rules are intended to implement Iowa Code chapter 84A and P.L.105-33.
[Filed 8/19/98, effective 10/14/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
ARC 8303A
WORKFORCE DEVELOPMENT BOARD/SERVICES DIVISION[877]
Adopted and Filed
Pursuant to the authority of Iowa Code sections 84A.1B(9) and 96.11, the
Department of Workforce Development adopts Chapter 15, "Strategic Workforce
Development Fund," Iowa Administrative Code.
Notice of Intended Action was published in the Iowa Administrative Bulletin as
ARC 8157A on July 15, 1998. These rules were simultaneously Adopted and
Filed Emergency as ARC 8158A. These rules are identical to those
published under the Notice of Intended Action and Adopted and Filed
Emergency.
The new chapter provides guidance to the regional advisory boards and other
interested parties on the purpose, allowable activities and administrative
procedures for the Strategic Workforce Development Fund established by the 1998
Iowa Acts, Senate File 2296, section 9(5).
The Workforce Development Board adopted the new chapter on August 19, 1998.
These rules will become effective on October 14, 1998, at which time the
Adopted and Filed Emergency rules are hereby rescinded.
These rules are intended to implement 1998 Iowa Acts, Senate File 2296, section
9(5).
The following new chapter is adopted.
CHAPTER 15
STRATEGIC WORKFORCE DEVELOPMENT FUND
877--15.1(77GA,SF2296) Purpose. The purpose of the strategic workforce
development fund is to provide workforce development regions with funding for
the development and maintenance of a workforce sufficient in size and skill to
meet occupational demands and for workforce development programs, including the
Iowa conservation corps, work force investment program, and statewide mentoring
program.
877--15.2(77GA,SF2296) Definitions.
"Coordinating service provider" means an organization formed through a 28E
agreement to deliver workforce development products and services within a
workforce development region.
"Department" means the department of workforce development.
"Regional advisory board" means an advisory board as defined in 877--Chapter 6,
Iowa Administrative Code.
"Workforce development region" means a region of the state designated by the
state workforce development board as required by Iowa Code section 84B.2.
877--15.3(77GA,SF2296) Regional advisory board. The regional advisory
board approves all projects and grants to be funded from the region's
allocation of strategic workforce development funds. Approved projects and
grants must relate to the purposes of the strategic workforce development fund
and meet a regional workforce development need identified in the regional needs
assessment or similar needs assessment conducted by the regional advisory
board.
877--15.4(77GA,SF2296) Regional allocation formula. Allocation of
funds to each region will be based on the population of each region as compared
to the state's total population. Funds contracted for eligible activities, but
not yet expended at the end of a fiscal year, may be carried forward into the
next fiscal year, if nonreversion authority has been granted by the Iowa
general assembly.
877--15.5(77GA,SF2296) Youth requirements. A portion of the region's
funding allocation must be spent on youth programs. The actual percentage and
amount will be provided to each region in writing annually and will be based
upon the amount designated for this purpose in the department's annual
appropriations from the Iowa general assembly.
877--15.6(77GA,SF2296) Matching requirements. As a condition of
receiving strategic workforce development funds, each region must provide a
matching contribution equal to the amount of strategic workforce development
funds received.
877--15.7(77GA,SF2296) Eligible activities. Activities conducted with
grant funds must be related to the purpose of the fund and meet a need
identified through the regional needs assessment or similar needs assessment
conducted by the regional advisory board. The following activities are
allowable services using strategic workforce development funds:
15.7(1) Youth activities. All youth activities must be conducted
according to the administrative rules contained in 877--Chapter 10, Iowa
Administrative Code.
15.7(2) Work force investment program. Projects may be conducted which
conform to the administrative rules in 877--Chapter 11, Iowa Administrative
Code.
15.7(3) State mentoring program. Mentoring activities are allowable
that provide participants with assistance in transitioning into the
workforce.
15.7(4) Other activities. Additional activities which relate to the
purpose of the fund and meet an identified regional need are allowable.
877--15.8(77GA,SF2296) Services plan. All proposed services must be
described in the region's annual customer service plan or submitted as an
amendment to the customer service plan. The description of each project to be
funded shall include the purpose of the project; activities to be accomplished;
participants to be served, if any; the service providers and how they were
selected; time period of the project; and a detailed budget.
877--15.9(77GA,SF2296) Grant agreements. All grant funds will be
contracted to each region through the fiscal agent identified by the
coordinating service provider. For fiscal year 1999 only, youth grant
recipients, approved by the regional advisory boards, will receive a contract
for services directly from the department. This will allow for the timely
operation of summer programs during the summer of 1998.
877--15.10(77GA,SF2296) Grant reporting and compliance review. Fiscal
agents are required to submit a monthly financial report detailing fund
expenditures. Coordinating service providers shall submit a quarterly progress
report to the department detailing progress in accomplishing the goals and
objectives of each activity funded with strategic workforce development funds.
At the termination of each activity,
a final financial and performance report must be submitted to the department
within 45 days of termination.
Compliance reviews of strategic workforce development funds will be conducted
by the department in conjunction with compliance and financial reviews of the
overall operations of the coordinating service provider.
These rules are intended to implement 1998 Iowa Acts, Senate File 2296, section
9(5).
[Filed 8/19/98, effective 10/14/98]
[Published 9/9/98]
EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 9/9/98.
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