Iowa Administrative Bulletin

IOWA ADMINISTRATIVE BULLETIN

Published Biweekly VOLUME XXI NUMBER 22 April 21, 1999 Pages 2573 to 2644

CONTENTS IN THIS ISSUE

Pages 2590 to 2642 include ARC 8917A to ARC 8929A

AGENDA

Administrative rules review committee 2577

ALL AGENCIES

Schedule for rule making 2575

Publication procedures 2576

Agency identification numbers 2588

BLIND, DEPARTMENT FOR THE[111]

Filed, Agency procedures, 1.3, ch 3, 4.1 to 4.4,
ch 5 ARC 8919A 2631

CITATION OF ADMINISTRATIVE RULES 2580

executive department

Proclamation of disaster emergency 2643

HUMAN SERVICES DEPARTMENT[441]

Notice, FIP, FMAP and related coverage groups,
40.27, 41.26, 41.27, 46.24, 48.23(1), 75.52,
75.56, 75.57, 75.58(1) ARC 8918A 2590

INTEREST RATES--PUBLIC FUNDS 2627

IOWA FINANCE AUTHORITY[265]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]"umbrella"

Notice, Agency procedures, 1.4 to 1.7, ch 7,
9.8 to 9.11, 9.22 to 9.28, chs 16 and 17
ARC 8917A 2594

NATURAL RESOURCES DEPARTMENT[561]

Notice, Agency procedures, ch 4, 5.1, 5.3,
ch 6 ARC 8924A 2610

PROFESSIONAL LICENSURE DIVISION[645]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Filed, Behavioral science examiners, 30.2(9),
30.3(2), 30.4(2), 30.6(5), 31.1 to 31.3
ARC 8926A 2631

Filed, Chiropractic examiners, 40.1, 40.12(3),
40.13, 40.18, 40.19, 40.24(3), 40.62(6),
40.64(5), 40.70, 40.73(2) ARC 8925A 2633

PUBLIC HEALTH DEPARTMENT[641]

Filed, Radiation, 38.1(2), 38.2, 38.5, 38.8(6),
39.1(3), 39.4, 40.1(5), 40.10(4), 40.26(1),
40.28 to 40.31, 40.97, 40.110(1), 41.1,
41.2(27), 41.3, 42.1(2), 42.2(3), 45.1,
46.1, 46.5(6) ARC 8927A 2635

PUBLIC HEARINGS

Summarized list 2581

PUBLIC SAFETY DEPARTMENT[661]

Notice, Fire safety for small group homes,
5.620(1) ARC 8928A 2611

Notice, Fire safety in school and college
buildings, 5.650 to 5.657, 5.659 to 5.666,
5.675, 5.700 to 5.714, 5.749 to 5.752,
5.754, 5.756, 5.758 to 5.765, 5.775
ARC 8929A 2612

REVENUE AND FINANCE DEPARTMENT[701]

Filed, Interest on claims, 201.1(2) ARC 8920A 2641

SAVINGS AND LOAN DIVISION[197]

COMMERCE DEPARTMENT[181]"umbrella"

Notice, Agency procedures, chs 15 to 17
ARC 8923A 2618

STATUS OF WOMEN DIVISION[435]

HUMAN RIGHTS DEPARTMENT[421]"umbrella"

Filed, Iowans in transition, 5.1, 5.2, 5.4,
5.5 ARC 8922A 2641

TREASURER OF STATE[781]

Notice--Public funds interest rates 2627

UTILITIES DIVISION[199]

COMMERCE DEPARTMENT[181]"umbrella"

Notice, Refunds and back billing, 19.4(13),
20.4(14), 21.4(6), 22.4(3) ARC 8921A 2628

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, Deputy Editor (515)281-7252

Fax: (515)281-4424

SUBSCRIPTION INFORMATION

Iowa Administrative Bulletin

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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

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

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(Price includes 22 volumes of rules and index, plus a one-year subscription to the Code Supplement and the Iowa Administrative Bulletin. Additional or replacement binders can be purchased for $10.90 plus $0.55 tax.)

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Schedule for Rule Making
1999

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. 25 '98
Jan. 13 '99
Feb. 2 '99
Feb. 17 '99
Feb. 19 '99
Mar. 10 '99
Apr. 14 '99
July 12 '99
Jan. 8
Jan. 27
Feb. 16
Mar. 3
Mar. 5
Mar. 24
Apr. 28
July 26
Jan. 22
Feb. 10
Mar. 2
Mar. 17
Mar. 19
Apr. 7
May 12
Aug. 9
Feb. 5
Feb. 24
Mar. 16
Mar. 31
Apr. 2
Apr. 21
May 26
Aug. 23
Feb. 19
Mar. 10
Mar. 30
Apr. 14
Apr. 16
May 5
June 9
Sept. 6
Mar. 5
Mar. 24
Apr. 13
Apr. 28
Apr. 30
May 19
June 23
Sept. 20
Mar. 19
Apr. 7
Apr. 27
May 12
May 14
June 2
July 7
Oct. 4
Apr. 2
Apr. 21
May 11
May 26
May 28
June 16
July 21
Oct. 18
Apr. 16
May 5
May 25
June 9
June 11
June 30
Aug. 4
Nov. 1
Apr. 30
May 19
June 8
June 23
June 25
July 14
Aug. 18
Nov. 15
May 14
June 2
June 22
July 7
July 9
July 28
Sept. 1
Nov. 29
May 28
June 16
July 6
July 21
July 23
Aug. 11
Sept. 15
Dec. 13
June 11
June 30
July 20
Aug. 4
Aug. 6
Aug. 25
Sept. 29
Dec. 27
June 25
July 14
Aug. 3
Aug. 18
Aug. 20
Sept. 8
Oct. 13
Jan. 10 '00
July 9
July 28
Aug. 17
Sept. 1
Sept. 3
Sept. 22
Oct. 27
Jan. 24 '00
July 23
Aug. 11
Aug. 31
Sept. 15
Sept. 17
Oct. 6
Nov. 10
Feb. 7 '00
Aug. 6
Aug. 25
Sept. 14
Sept. 29
Oct. 1
Oct. 20
Nov. 24
Feb. 21 '00
Aug. 20
Sept. 8
Sept. 28
Oct. 13
Oct. 15
Nov. 3
Dec. 8
Mar. 6 '00
Sept. 3
Sept. 22
Oct. 12
Oct. 27
Oct. 29
Nov. 17
Dec. 22
Mar. 20 '00
Sept. 17
Oct. 6
Oct. 26
Nov. 10
Nov. 12
Dec. 1
Jan. 5 '00
Apr. 3 '00
Oct. 1
Oct. 20
Nov. 9
Nov. 24
Nov. 26
Dec. 15
Jan. 19 '00
Apr. 17 '00
Oct. 15
Nov. 3
Nov. 23
Dec. 8
Dec. 10
Dec. 29
Feb. 2 '00
May 1 '00
Oct. 29
Nov. 17
Dec. 7
Dec. 22
Dec. 24
Jan. 12 '00
Feb. 16 '00
May 15 '00
Nov. 12
Dec. 1
Dec. 21
Jan. 5 '00
Jan. 7 '00
Jan. 26 '00
Mar. 1 '00
May 29 '00
Nov. 26
Dec. 15
Jan. 4 '00
Jan. 19 '00
Jan. 21 '00
Feb. 9 '00
Mar. 15 '00
June 12 '00
Dec. 10
Dec. 29
Jan. 18 '00
Feb. 2 '00
Feb. 4 '00
Feb. 23 '00
Mar. 29 '00
June 26 '00
Dec. 24
Jan. 12 '00
Feb. 1 '00
Feb. 16 '00
Feb. 18 '00
Mar. 8 '00
Apr. 12 '00
July 10 '00
Jan. 7 '00
Jan. 26 '00
Feb. 15 '00
Mar. 1 '00
Mar. 3 '00
Mar. 22 '00
Apr. 26 '00
July 24 '00

PRINTING SCHEDULE FOR IAB

ISSUE NUMBER
SUBMISSION DEADLINE
ISSUE DATE
24
Friday, April 30, 1999
May 19, 1999
25
Friday, May 14, 1999
June 2, 1999
26
Friday, May 28, 1999
June 16, 1999

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, 1st 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.

AGENDA

The Administrative Rules Review Committee will hold its regular, statutory meeting on Tuesday, May 11, 1999, at10 a.m. and Wednesday, May 12, 1999, at 9 a.m. in Room 22, State Capitol, Des Moines, Iowa. The following rules will be reviewed:

Bulletin

AUDITOR OF STATE[81]

Declaratory orders; agency procedure for rule making, 25.10, 25.12, ch 27, Notice ARC 8863A 4/7/99

BLIND, DEPARTMENT FOR THE[111]

Administrative procedures, 1.3, chs 3 to 5, Filed ARC 8919A 4/21/99

DEAF SERVICES DIVISION[429]

HUMAN RIGHTS DEPARTMENT[421]"umbrella"

Declaratory orders; petitions for rule making; agency procedure for rule making; contested cases,
chs 6 to 9, Notice ARC 8860A 4/7/99

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

Emergency shelter grants program, ch 24, Notice ARC 8913A 4/7/99

Homeless shelter operation grants program, ch 29, Notice ARC 8914A 4/7/99

Enterprise zones, 59.2, Filed ARC 8915A 4/7/99

Use of marketing logo, ch 72, Notice ARC 8911A, also Filed Emergency ARC 8912A 4/7/99

EDUCATIONAL EXAMINERS BOARD[282]

EDUCATION DEPARTMENT[281]"umbrella"

Student loan default/noncompliance with agreement for payment of obligation, ch 9, Notice ARC 8898A 4/7/99

Science endorsement, 14.21(17), Filed ARC 8899A 4/7/99

Coaching authorization, 19.1(5), 19.2, 19.5, Filed ARC 8897A 4/7/99

EDUCATION DEPARTMENT[281]

General accreditation standards, ch 12 title and preamble, 12.1(1), 12.1(6) to 12.1(11), 12.2,
12.3(2) to 12.3(12), 12.4(9), 12.4(16), 12.5(7), 12.5(8), 12.5(10) to 12.5(22), 12.7(1),
ch 12 division VIII, 12.8, 12.9, Notice ARC 8896A 4/7/99

ENVIRONMENTAL PROTECTION COMMISSION[567]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Livestock feeding operations, 22.1(3), 22.1(3)"c"(3), 22.3(2), 23.5(1), 65.1 to 65.22, ch 65 appendix B,
68.1, 68.2, 68.9(2), 70.2, 72.2(9), 72.3(5), Filed ARC 8900A 4/7/99

Public and private drinking water supply, 40.1 to 40.3, 40.3(1), 40.4(1), 40.4(2)"b," 40.5 to 40.7, Notice ARC 8903A 4/7/99

Water supplies, 41.1, 41.2(1)"b," 41.2(1)"c"(1)"5" and "6," 41.2(1)"c"(2)"5," 41.2(1)"c"(4)"2,"
41.2(1)"c"(5), 41.2(1)"d," 41.2(1)"e"(1) to (7), 41.2(3)"e," 41.2(4), 41.3(1)"a,"
41.3(1)"b"(1) to (3), 41.3(1)"c"(1), 41.3(1)"c"(2)"4," 41.3(1)"c"(3)"3," 41.3(1)"c"(4)"4" and "8,"
41.3(1)"c"(5), 41.3(1)"c"(6)"3," 41.3(1)"c"(7), 41.3(1)"c"(8)"3," 41.3(1)"d," 41.3(1)"e"(1) to (4),
41.3(1)"f," 41.4(1) "b," 41.4(1) "c"(2) to (4), 41.4(1)"d," 41.4(1)"d"(1) to (6), 41.4(1)"e" to "g,"
41.5(1)"b," 41.5(1)"c"(2)"2," "3" and "6," 41.5(1)"c"(3) to (5), 41.5(1)"d" and "e,"
41.5(1)"f"(1) to (4), 41.7(1)"b"(4), 41.7(1)"c"(2), 41.7(1)"e"(1) and (2), 41.7(2)"a" to "c,"
41.7(2)"e"(1) and (2), 41.7(3)"e," 41.7(4)"e," 41.8(2), 41.9 to 41.11, 41.11(1)"b" and "c,"
41.11(1)"d"(1) and (2), 41.11(2), 41.11(3), Notice ARC 8902A 4/7/99

Public notification, public education, consumer confidence reports, reporting, and record maintenance,
ch 42, Notice ARC 8901A 4/7/99

Water supplies--design and operation, 43.1(3) to 43.1(5), 43.2, 43.3(1) to 43.3(3), 43.3(7),
43.3(8), 43.3(10)"a," "b," "c," "e" and "f," 43.5, 43.7, 43.8, ch 43 tables A and B, Notice ARC 8905A 4/7/99

Aquifer storage and recovery: criteria and conditions for authorizing storage, recovery,
and use of water, ch 55, Notice ARC 8909A 4/7/99

Laboratory certification, 83.1, 83.2, 83.3(1) to 83.3(3), 83.4, 83.5, 83.6(1) to 83.6(7), 83.7, Notice ARC 8910A 4/7/99

Organic materials composting facilities, ch 105, Notice ARC 8907A 4/7/99

Landfill alternatives financial assistance program, ch 209 title, 209.1 to 209.3, 209.6 to 209.8, 209.9(2),
209.10 to 209.14, 209.14(1) to 209.14(4), 209.15, 209.16, 209.17(5), 209.17(7), 209.18, Filed ARC 8908A 4/7/99

GENERAL SERVICES DEPARTMENT[401]

Declaratory orders; petitions for rule making; agency procedure for rule making; contested cases,
1.4, chs 17 to 20, Notice ARC 8861A 4/7/99

HUMAN SERVICES DEPARTMENT[441]

Rule making; petitions for rule making; declaratory orders, chs 3 to 5, Filed ARC 8865A 4/7/99

Limited benefit plan, 7.5(8), 40.23, 40.26, 41.24(1)"d," 41.24(4), 41.24(8), 41.24(9), 41.24(11), 93.104(3),
93.104(4), 93.105(2), 93.138(2) to 93.138(4), 93.138(4)"a" and "b," 93.140(2), Filed ARC 8867A 4/7/99

FIP and FMAP-related Medicaid, 40.27(1)"a"(1) and (2), 40.27(4)"e"(1), 40.27(4)"f"(2), 41.26(1)"a" and "o,"
41.26(4)"b," 41.26(6)"b" and "d," 41.27(1)"g" and "j," 41.27(2)"b"(1) and (2), 41.27(2)"d" and "p,"
41.27(6)"o," 41.27(7)"aj," 41.27(8)"a"(1) and (2), 41.27(8)"b," 41.27(8)"b"(11), 41.27(8)"c," 41.27(9)"a"(1),
41.27(9)"b"(3), 41.27(9)"c"(1), 46.24(3)"a," 46.24(6), 46.25(3)"d," 48.23(1)"b," 75.52(1)"a"(1) and (2),
75.52(4)"c"(1), 75.52(4)"d"(2), 75.56(1)"a" and "o," 75.56(4)"b," 75.56(6)"b" and "d," 75.57(2)"b"(1),
75.57(2)"b"(2), 75.57(2)"d" and "k," 75.57(6)"o," 75.57(7)"ag," 75.57(8)"a" and "b," 75.57(8)"b"(11),
75.57(8)"c," 75.57(9)"a"(1), 75.57(9)"b"(3), 75.58(1)"b"(4), Notice ARC 8918A 4/21/99

Family investment program; family medical assistance program (FMAP); FMAP-related Medicaid programs,
41.27(2)"d," 41.27(7)"ag," 41.27(8)"a"(1) and (2), 41.27(8)"b"(11), 41.27(8)"c," 41.27(9)"d,"
41.28(1)"b"(4), 46.21, 46.24(3)"a," 75.57(2)"d," 75.57(8)"a," 75.57(8)"b"(11), 75.57(8)"c,"
75.58(1)"b"(4), 93.132"11," 93.133, 93.133(2), 93.133(3), 93.133(3)"e," 93.133(4), Filed ARC 8866A 4/7/99

SSI-related Medicaid program, 75.13(2), 75.23(5)"d," Notice ARC 8864A 4/7/99

Statewide average costs and charges for nursing care, 75.23(3), 75.24(3)"b"(1) to (6), Filed ARC 8868A 4/7/99

Amount, duration and scope of medical and remedial services, 78.1(2)"b"(7), 78.10(4)"a" and "b,"
78.14(6), 78.28(4)"b," Filed ARC 8869A 4/7/99

HAWK-I program, 86.2(4)"a"(9), Notice ARC 8906A, also Filed Emergency ARC 8916A 4/7/99

INSPECTIONS AND APPEALS DEPARTMENT[481]

Hospitals, 51.12, 51.16, 51.18, Filed ARC 8892A 4/7/99

IOWA FINANCE AUTHORITY[265]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]"umbrella"

Administrative procedures, 1.4 to 1.7, ch 7, 9.8 to 9.11, 9.22 to 9.28, chs 16 and 17, Notice ARC 8917A 4/21/99

LAW ENFORCEMENT ACADEMY[501]

Certification of law enforcement officers, 3.1(4), Filed ARC 8875A 4/7/99

Telecommunicator training standards, 13.3(4), 13.5(4), 13.6, Filed ARC 8876A 4/7/99

NATURAL RESOURCE COMMISSION[571]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Boating speed and distance zoning, 40.31(5)"d" and "e," Filed ARC 8904A 4/7/99

NATURAL RESOURCES DEPARTMENT[561]

Agency procedure for rule making; petitions for rule making; declaratory orders, ch 4, 5.1, 5.3, ch 6, Notice ARC 8924A 4/21/99

PERSONS WITH DISABILITIES DIVISION[431]

HUMAN RIGHTS DEPARTMENT[421]"umbrella"

Petitions for rule making; agency procedure for rule making; declaratory orders, 1.2(1), 1.2(3)"b," chs 4 to 6,
Notice ARC 8859A 4/7/99

PROFESSIONAL LICENSURE DIVISION[645]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Barber examiners, 20.201 to 20.213, 20.300, rescind chs 23 to 27 and 29, Notice ARC 8891A 4/7/99

Behavioral science continuing education, 30.2(9), 30.3(2)"a"(2), 30.4(2)"a"(2), 30.6(5), 31.1(3), 31.1(4), 31.1(6),
31.2(1)"c," 31.2(2), 31.2(3), 31.3, Filed ARC 8926A 4/21/99

Behavioral science examiners, rescind 31.7, 31.11 to 31.20, chs 32 to 34 and 36 to 39, Notice ARC 8890A 4/7/99

Chiropractic examiners, 40.1, 40.12(3), 40.13(1)"i," 40.13(2), 40.18(1), 40.18(2)"a"(2), 40.18(3), 40.19(2), 40.19(3),
40.24(3)"a," 40.62(6), 40.64(5), 40.70(1), 40.70(2)"c," 40.73(2), Filed ARC 8925A 4/21/99

Cosmetology arts and sciences examiners, rescind 65.1 to 65.11, 65.13, 65.101, chs 66 to 71, Notice ARC 8889A 4/7/99

Dietetic examiners, rescind 80.200 to 80.213, 80.215 to 80.219, chs 86 to 91, Notice ARC 8888A 4/7/99

Mortuary science examiners, 101.201 to 101.209, 101.211, 101.212, 101.212(1),
rescind chs 102 to 104, 109, 114 and 115, Notice ARC 8885A 4/7/99

Hearing aid dealers, rescind 120.201 to 120.211, 120.213, 120.300,
chs 121 to 125 and 129, Notice ARC 8887A 4/7/99

Massage therapy examiners, 131.6 to 131.16, 131.17(2)"k," rescind chs 136 to 139, Notice ARC 8886A 4/7/99

Nursing home administrators, 141.12, rescind 141.13, chs 144 to 148, Notice ARC 8884A 4/7/99

Optometry examiners, rescind 180.101 to 180.114, 180.116 to 180.122, 180.300, chs 186 to 191,
Notice ARC 8883A 4/7/99

Physical and occupational therapy examiners, 201.18 to 201.26, 202.16 to 202.23, 202.23(14),
rescind 202.25, 202.26, chs 204 to 209, Notice ARC 8880A 4/7/99

Podiatry examiners, rescind 220.201 to 220.211, 220.213, 220.300, chs 225 to 230, Notice ARC 8881A 4/7/99

PROFESSIONAL LICENSURE DIVISION[645] (Cont'd)

Respiratory care examiners, 260.18 to 260.28, 260.28"13," and "32," rescind 260.30 to 260.34,
chs 261, 262 and 269, Notice ARC 8879A 4/7/99

Speech pathology and audiology examiners, 301.101 to 301.113, rescind chs 303 to 307 and 309,
Notice ARC 8878A 4/7/99

Physician assistant examiners, 325.11, 325.11(1) to 325.11(3), rescind 325.12 to 325.14, chs 326 and 327,
Notice ARC 8882A 4/7/99

PUBLIC EMPLOYMENT RELATIONS BOARD[621]

Consent for the sale of goods and services, ch 13, Filed ARC 8874A 4/7/99

PUBLIC HEALTH DEPARTMENT[641]

Maternal and child health program, ch 76, Filed Emergency After Notice ARC 8873A 4/7/99

Radiation protection standards, 38.1(2), 38.2, 38.5, 38.8(6), 39.1(3), 39.4(3)"c"(5), 39.4(22)"d"(3)"9,"
39.4(33)"l" to "n," 40.1(5), 40.10(4), 40.26(1), 40.28 to 40.31, 40.97, 40.97(1)"b"(6),
40.97(2)"a"(4), 40.110(1), 41.1(3)"a," 41.1(3)"a"(12), 41.1(3)"c," 41.1(5)"c"(1)"4," 41.1(6)"b"(2)"2,"
41.2(27), 41.3(10)"b," 41.3(17)"d"(1), 41.3(18)"e"(2), 41.3(18)"f"(2), 41.3(19)"b," 42.1(2),
42.2(3)"c," ch 45 title, 45.1(1), 45.1(10)"a"(2), 45.1(10)"c," 46.1, 46.5(6)"a," Filed ARC 8927A 4/21/99

PUBLIC SAFETY DEPARTMENT[661]

Criminal history records, 11.2, 11.5, 11.21, Notice ARC 8895A 4/7/99

Fire safety for small group homes, 5.620(1), Notice ARC 8928A 4/21/99

Fire safety in schools and college buildings, 5.650, 5.650(1), 5.650(5), 5.650(8), 5.650(9), 5.651, 5.652,
5.652(1), 5.652(2), 5.652(5), 5.652(10), 5.653(2), 5.653(3), 5.654(1), 5.654(6), 5.655(2), 5.656(2) to
5.656(4), 5.657(3), 5.659(1), 5.659(2), 5.660(1), 5.660(3), 5.661(4), 5.661(5), 5.662, 5.663(1), 5.663(2),
5.664, 5.665, 5.665(1), 5.665(4), 5.665(7), 5.666(7), 5.666(8), 5.675, 5.700 to 5.714, 5.749, 5.750(2) to
5.750(5), 5.750(7), 5.750(9), 5.751(2), 5.752(1), 5.752(2), 5.752(6), 5.754(2), 5.754(3), 5.754(7), 5.756,
5.758, 5.759, 5.760(1), 5.761(2), 5.762, 5.763, 5.763(4), 5.763(8), 5.764(9), 5.765(1), 5.765(3), 5.765(8),
5.775, Notice ARC 8929A 4/21/99

REGENTS BOARD[681]

Declaratory orders; procedure for rule making; contested cases, ch 11 title, 11.2 to 11.5, ch 12 title, 12.2 to 12.5,
ch 13 title, 13.2 to 13.5, ch 14 title, ch 15 title, 15.2 to 15.5, ch 16 title, 16.2 to 16.5, chs 18 to 20, Notice ARC 8877A 4/7/99

REVENUE AND FINANCE DEPARTMENT[701]

Excise tax; sales tax on services, 12.3, 12.3(3), 16.30, 17.23, 18.54, 18.58(1), 26.62, Filed ARC 8894A 4/7/99

Auditing claims, 201.1(2), Filed ARC 8920A 4/21/99

SAVINGS AND LOAN DIVISION[197]

COMMERCE DEPARTMENT[181]"umbrella"

Petitions for rule making; declaratory orders; contested cases, chs 15 to 17, Notice ARC 8923A 4/21/99

SECRETARY OF STATE[721]

Alternative voting systems, 22.5(3), 22.40, 22.41, 22.461, 22.461(1), 22.461(2)"b," 22.461(3) to 22.461(8),
22.462, Notice ARC 8893A 4/7/99

STATUS OF AFRICAN-AMERICANS, DIVISION ON THE[434]

HUMAN RIGHTS DEPARTMENT[421]"umbrella"

Petitions for rule making; agency procedure for rule making; declaratory orders; contested cases, chs 3 to 6,
Notice ARC 8862A 4/7/99

STATUS OF WOMEN DIVISION[435]

HUMAN RIGHTS DEPARTMENT[421]"umbrella"

Iowans in transition, ch 5 title, 5.1, 5.2, 5.4"1," 5.5"5," Filed ARC 8922A 4/21/99

TRANSPORTATION DEPARTMENT[761]

Outdoor advertising, 117.1, 117.2, 117.2(1) to 117.2(5), 117.3(1), 117.3(1)"k," 117.3(2), 117.3(3), 117.4, 117.4(5),
117.4(6), 117.5, 117.5(5), 117.6(1) to 117.6(3), 117.6(4)"c" and "d," 117.6(5)"c" and "d," 117.6(6) to 117.6(9),
117.7(5), 117.7(6), 117.8, ch 117 appendix, Filed ARC 8872A 4/7/99

Physical inspection of remanufactured vehicle; processed emblem plates, 400.17(4), 400.17(5), 401.15,
401.16(1), 401.17, Filed ARC 8871A 4/7/99

Aircraft registration, 750.9, 750.10(3), Filed ARC 8870A 4/7/99

UTILITIES DIVISION[199]

COMMERCE DEPARTMENT[181]"umbrella"

Refunds and back billing, 19.4(13)"a"(2) and (3), 19.4(13)"b"(1), 19.4(13)"d" and "e," 20.4(14)"b"(1) and (2),
20.4(14)"c" to "f," 21.4(6)"a," "d" and "e," 22.4(3)"k" and "l," Notice ARC 8921A 4/21/99

ADMINISTRATIVE RULES REVIEW COMMITTEE MEMBERS

Regular statutory meetings are held the second Tuesday of each month at the seat of government as provided in Iowa Code section 17A.8. A special meeting may be called by the Chair at any place in the state and at any time.

EDITOR'S NOTE: Terms ending April 30, 1999.

Senator H. Kay Hedge, Chairperson
3208 335th Street
Fremont, Iowa 52561
Representative Christopher Rants, Vice-Chairperson
2740 South Glass
Sioux City, Iowa 51106
Senator Merlin E. Bartz
2081 410th Street
Grafton, Iowa 50440
Representative Danny Carroll
244 400th Avenue
Grinnell, Iowa 50112
Senator Patricia M. Harper
3336 Santa Maria Drive
Waterloo, Iowa 50702
Representative Minnette Doderer
2008 Dunlap Court
Iowa City, Iowa 52245
Senator John P. Kibbie
P.O. Box 190
Emmetsburg, Iowa 50536
Representative Geri Huser
213 7th Street NW
Altoona, Iowa 50009
Senator Sheldon Rittmer
3539 230th Street
DeWitt, Iowa 52742
Representative Janet Metcalf
12954 NW 29th Drive
Urbandale, Iowa 50323
Joseph A. Royce
Legal Counsel
Capitol, Room 116A
Des Moines, Iowa 50319
Telephone (515)281-3084
Fax (515)281-5995
Brian Gentry
Administrative Rules Coordinator
Governor's Ex Officio Representative
Capitol, Room 11
Des Moines, Iowa 50319

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

AGRICULTURAL DEVELOPMENT AUTHORITY[25]

Agency procedures,
1.4 to 1.9, chs 7, 9, 10
IAB 3/24/99 ARC 8818A
Conference Room
505 Fifth Ave., Suite 327
Des Moines, Iowa
April 28, 1999
9:30 a.m.
DEAF SERVICES DIVISION[429]

Agency procedures,
chs 6 to 9
IAB 4/7/99 ARC 8860A
Director's Conference Room
Lucas State Office Bldg.
Des Moines, Iowa
April 27, 1999
10 a.m.
DENTAL EXAMINERS BOARD[650]

Declaratory orders,
7.3, ch 9
IAB 3/24/99 ARC 8829A
Conference Room--2nd Floor
Executive Hills West
1209 E. Court Ave.
Des Moines, Iowa
April 21, 1999
1 p.m.
Continuing education,
25.2(10)
IAB 3/24/99 ARC 8827A
Conference Room--2nd Floor
Executive Hills West
1209 E. Court Ave.
Des Moines, Iowa
April 21, 1999
1 p.m.
Complaints,
31.5 to 31.15
IAB 3/24/99 ARC 8828A
Conference Room--2nd Floor
Executive Hills West
1209 E. Court Ave.
Des Moines, Iowa
April 21, 1999
1 p.m.
Contested cases,
ch 51
IAB 3/24/99 ARC 8826A
Conference Room--2nd Floor
Executive Hills West
1209 E. Court Ave.
Des Moines, Iowa
April 21, 1999
1 p.m.
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

Emergency shelter grants program,
ch 24
IAB 4/7/99 ARC 8913A
Main Conference Room
200 E. Grand Ave.
Des Moines, Iowa
April 27, 1999
3:30 p.m.
Homeless shelter operation
grants program, ch 29
IAB 4/7/99 ARC 8914A
Main Conference Room
200 E. Grand Ave.
Des Moines, Iowa
April 27, 1999
3:30 p.m.
Use of marketing logo,
ch 72
IAB 4/7/99 ARC 8911A
Business Finance Conference Room
First Floor
200 E. Grand Ave.
Des Moines, Iowa
May 4, 1999
1:30 p.m.
EDUCATIONAL EXAMINERS BOARD[282]

Student loan default/noncompliance
with agreement for payment of
obligation, ch 9
IAB 4/7/99 ARC 8898A
Conference Room 3 North--3rd Floor
Grimes State Office Bldg.
Des Moines, Iowa
May 4, 1999
10 a.m.
EDUCATION DEPARTMENT[281]

General accreditation standards,
12.1 to 12.9
IAB 4/7/99 ARC 8896A
ICN Network
Grimes State Office Bldg., Des Moines
(Origination Site)
Alta High School
Iowa State University, Ames
Clarinda Guard Armory
Council Bluffs AEA
Southwestern Community College,
Creston
Eagle Grove Guard Armory
Emmetsburg High School
Knoxville Guard Armory
Sioux Center Middle School
Sioux City Central Campus
April 27, 1999
6:30 to 8 p.m.

ICN Network
Grimes State Office Bldg., Des Moines
(Origination Site)
Community College, Bettendorf
Notre Dame High School, Burlington
Cedar Falls AEA
Cedar Rapids Guard Armory
Clinton Community College
Elkader High School
Marshalltown AEA
Mason City High School
Ottumwa High School
Washington Guard Armory
April 28, 1999
6:30 to 8 p.m.

Board Room--2nd Floor
Educational Services Center
346 2nd Ave. SW
Cedar Rapids, Iowa
May 3, 1999
6:30 to 8 p.m.

High School Auditorium
1015 Division St.
Cedar Falls, Iowa
May 6, 1999
6:30 to 8 p.m.

High School Auditorium
601 W. Townline
Creston, Iowa
May 17, 1999
6:30 to 8 p.m.

South Elementary Auditorium
310 Cayuga
Storm Lake, Iowa
May 24, 1999
6:30 to 8 p.m.

High School Auditorium
307 E. Monroe
Mount Pleasant, Iowa
May 27, 1999
6:30 to 8 p.m.
ENVIRONMENTAL PROTECTION COMMISSION[567]

Public and private drinking water,
40.1 to 40.7
IAB 4/7/99 ARC 8903A
Conference Room--4th Floor
Wallace State Office Bldg.
Des Moines, Iowa
May 4, 1999
10 a.m.

Hanson Room 8--Siebens Forum
Buena Vista College
4th and Grand Ave.
Storm Lake, Iowa
May 6, 1999
10 a.m.

Muse-Norris Conference Room
North Iowa Area Community College
500 College Dr.
Mason City, Iowa
May 24, 1999
10 a.m.

Community Room
(upstairs/back entrance)
101 E. Main St.
Manchester, Iowa
May 25, 1999
10 a.m.

Room A
Public Library
123 S. Linn St.
Iowa City, Iowa
May 26, 1999
10 a.m.

Conference Room
Municipal Utilities
15 W. 3rd St.
Atlantic, Iowa
May 27, 1999
10 a.m.
Water supplies,
amendments to ch 41,
IAB 4/7/99 ARC 8902A
Conference Room--4th Floor
Wallace State Office Bldg.
Des Moines, Iowa
May 4, 1999
10 a.m.

Hanson Room 8--Siebens Forum
Buena Vista College
4th and Grand Ave.
Storm Lake, Iowa
May 6, 1999
10 a.m.

Muse-Norris Conference Room
North Iowa Area Community College
500 College Dr.
Mason City, Iowa
May 24, 1999
10 a.m.

Community Room
(upstairs/back entrance)
101 E. Main St.
Manchester, Iowa
May 25, 1999
10 a.m.

Room A
Public Library
123 S. Linn St.
Iowa City, Iowa
May 26, 1999
10 a.m.

Conference Room
Municipal Utilities
15 W. 3rd St.
Atlantic, Iowa
May 27, 1999
10 a.m.
ENVIRONMENTAL PROTECTION COMMISSION[567] (Cont'd)

Public notification, public education,
consumer confidence reports,
reporting, and record maintenance,
ch 42
IAB 4/7/99 ARC 8901A
Conference Room--4th Floor
Wallace State Office Bldg.
Des Moines, Iowa
May 4, 1999
10 a.m.

Hanson Room 8--Siebens Forum
Buena Vista College
4th and Grand Ave.
Storm Lake, Iowa
May 6, 1999
10 a.m.

Muse-Norris Conference Room
North Iowa Area Community College
500 College Dr.
Mason City, Iowa
May 24, 1999
10 a.m.

Community Room
(upstairs/back entrance)
101 E. Main St.
Manchester, Iowa
May 25, 1999
10 a.m.

Room A
Public Library
123 S. Linn St.
Iowa City, Iowa
May 26, 1999
10 a.m.

Conference Room
Municipal Utilities
15 W. 3rd St.
Atlantic, Iowa
May 27, 1999
10 a.m.
Water supplies--design and operation,
43.1 to 43.3, 43.5, 43.7, 43.8
IAB 4/7/99 ARC 8905A
Conference Room--4th Floor
Wallace State Office Bldg.
Des Moines, Iowa
May 4, 1999
10 a.m.

Hanson Room 8--Siebens Forum
Buena Vista College
4th and Grand Ave.
Storm Lake, Iowa
May 6, 1999
10 a.m.

Muse-Norris Conference Room
North Iowa Area Community College
500 College Dr.
Mason City, Iowa
May 24, 1999
10 a.m.

Community Room
(upstairs/back entrance)
101 E. Main St.
Manchester, Iowa
May 25, 1999
10 a.m.

Room A
Public Library
123 S. Linn St.
Iowa City, Iowa
May 26, 1999
10 a.m.

Conference Room
Municipal Utilities
15 W. 3rd St.
Atlantic, Iowa
May 27, 1999
10 a.m.
Aquifer storage and recovery,
ch 55
IAB 4/7/99 ARC 8909A
Conference Room--4th Floor
Wallace State Office Bldg.
Des Moines, Iowa
May 4, 1999
10 a.m.
ENVIRONMENTAL
PROTECTION
COMMISSION[567]
(Cont'd)
Hanson Room 8--Siebens Forum
Buena Vista College
4th and Grand Ave.
Storm Lake, Iowa
May 6, 1999
10 a.m.

Muse-Norris Conference Room
North Iowa Area Community College
500 College Dr.
Mason City, Iowa
May 24, 1999
10 a.m.

Community Room
(upstairs/back entrance)
101 E. Main St.
Manchester, Iowa
May 25, 1999
10 a.m.

Room A
Public Library
123 S. Linn St.
Iowa City, Iowa
May 26, 1999
10 a.m.

Conference Room
Municipal Utilities
15 W. 3rd St.
Atlantic, Iowa
May 27, 1999
10 a.m.
Laboratory certification,
83.1 to 83.7
IAB 4/7/99 ARC 8910A
Conference Room--4th Floor
Wallace State Office Bldg.
Des Moines, Iowa
May 4, 1999
10 a.m.

Hanson Room 8--Siebens Forum
Buena Vista College
4th and Grand Ave.
Storm Lake, Iowa
May 6, 1999
10 a.m.

Muse-Norris Conference Room
North Iowa Area Community College
500 College Dr.
Mason City, Iowa
May 24, 1999
10 a.m.

Community Room
upstairs/back entrance)
101 E. Main St.
Manchester, Iowa
May 25, 1999
10 a.m.

Room A
Public Library
123 S. Linn St.
Iowa City, Iowa
May 26, 1999
10 a.m.

Conference Room
Municipal Utilities
15 W. 3rd St.
Atlantic, Iowa
May 27, 1999
10 a.m.
Organic materials composting
facilities, ch 105
IAB 4/7/99 ARC 8907A
West Conference Room--5th Floor
Wallace State Office Bldg.
Des Moines, Iowa
April 27, 1999
10 a.m.
PERSONS WITH DISABILITIES DIVISION[431]

Agency procedures,
1.2, chs 4 to 6
IAB 4/7/99 ARC 8859A
Director's Conference Room
Lucas State Office Bldg.
Des Moines, Iowa
April 27, 1999
10 a.m.
PROFESSIONAL LICENSURE DIVISION[645]

Barber examiners,
20.201 to 20.213, 20.300;
rescind chs 23 to 27, 29
IAB 4/7/99 ARC 8891A
Conference Room--5th Floor
Lucas State Office Bldg.
Des Moines, Iowa
April 28, 1999
9 to 11 a.m.
Behavioral science examiners,
rescind 31.7, 31.11 to 31.20,
chs 32 to 34, 36 to 39
IAB 4/7/99 ARC 8890A
Conference Room--5th Floor
Lucas State Office Bldg.
Des Moines, Iowa
April 28, 1999
9 to 11 a.m.
Cosmetology,
rescind 65.1 to 65.11, 65.13,
65.101, chs 66 to 71
IAB 4/7/99 ARC 8889A
Conference Room--5th Floor
Lucas State Office Bldg.
Des Moines, Iowa
April 28, 1999
9 to 11 a.m.
Dietetic examiners,
rescind 80.200 to 80.213, 80.215
to 80.219, chs 86 to 91
IAB 4/7/99 ARC 8888A
Conference Room--5th Floor
Lucas State Office Bldg.
Des Moines, Iowa
April 28, 1999
9 to 11 a.m.
Mortuary science examiners,
rescind 101.201 to 101.209,
201.211; amend 101.212; rescind
chs 102 to 104, 109, 114, 115
IAB 4/7/99 ARC 8885A
Conference Room--5th Floor
Lucas State Office Bldg.
Des Moines, Iowa
April 28, 1999
9 to 11 a.m.
Hearing aid dealers,
rescind 120.201 to 120.211, 120.213,
120.300, chs 121 to 125, 129
IAB 4/7/99 ARC 8887A
Conference Room--5th Floor
Lucas State Office Bldg.
Des Moines, Iowa
April 28, 1999
9 to 11 a.m.
Massage therapy examiners,
rescind 131.6 to 131.16; amend
131.17(2); rescind chs 136 to 139
IAB 4/7/99 ARC 8886A
Conference Room--5th Floor
Lucas State Office Bldg.
Des Moines, Iowa
April 28, 1999
9 to 11 a.m.
Nursing home administrators,
amend 141.12; rescind 141.13,
chs 144 to 148
IAB 4/7/99 ARC 8884A
Conference Room--5th Floor
Lucas State Office Bldg.
Des Moines, Iowa
April 28, 1999
9 to 11 a.m.
Optometry examiners,
rescind 180.101 to 180.114, 180.116
to 180.122, 180.300, chs 186 to 191
IAB 4/7/99 ARC 8883A
Conference Room--5th Floor
Lucas State Office Bldg.
Des Moines, Iowa
April 28, 1999
9 to 11 a.m.
Physical and occupational
therapy examiners,
201.18 to 201.26, 202.16 to
202.23; rescind 202.25, 202.26,
chs 204 to 209
IAB 4/7/99 ARC 8880A
Conference Room--5th Floor
Lucas State Office Bldg.
Des Moines, Iowa
April 28, 1999
9 to 11 a.m.
PROFESSIONAL LICENSURE DIVISION[645] (Cont'd)

Podiatry examiners,
rescind 220.201 to 220.211,
220.213, 220.300, chs 225 to 230
IAB 4/7/99 ARC 8881A
Conference Room--5th Floor
Lucas State Office Bldg.
Des Moines, Iowa
April 28, 1999
9 to 11 a.m.
Respiratory care examiners,
260.18 to 260.28, 260.30 to 260.34;
rescind chs 261, 262, 269
IAB 4/7/99 ARC 8879A
Conference Room--5th Floor
Lucas State Office Bldg.
Des Moines, Iowa
April 28, 1999
9 to 11 a.m.
Speech pathology and audiology
examiners,
301.101 to 301.113; rescind
chs 303 to 307, 309
IAB 4/7/99 ARC 8878A
Conference Room--5th Floor
Lucas State Office Bldg.
Des Moines, Iowa
April 28, 1999
9 to 11 a.m.
Physician assistant examiners,
325.11 to 325.14; rescind
chs 326, 327
IAB 4/7/99 ARC 8882A
Conference Room--5th Floor
Lucas State Office Bldg.
Des Moines, Iowa
April 28, 1999
9 to 11 a.m.
PUBLIC SAFETY DEPARTMENT[661]

Fire safety for small group homes,
5.620(1)
IAB 4/21/99 ARC 8928A
Conference Room--3rd Floor
Wallace State Office Bldg.
Des Moines, Iowa
May 17, 1999
9:30 a.m.
Fire safety for schools and colleges,
5.650 to 5.657, 5.659 to 5.666,
5.675, 5.700 to 5.714,
5.749 to 5.752, 5.754, 5.756,
5.758 to 5.765, 5.775
IAB 4/21/99 ARC 8929A
Conference Room--3rd Floor
Wallace State Office Bldg.
Des Moines, Iowa
May 17, 1999
9 a.m.
Criminal history record checks,
11.2, 11.5, 11.21
IAB 4/7/99 ARC 8895A
Conference Room--3rd Floor
West Half
Wallace State Office Bldg.
Des Moines, Iowa
May 3, 1999
9:30 a.m.
SECRETARY OF STATE[721]

Alternative voting systems,
22.5(3), 22.40, 22.41,
22.461, 22.462
IAB 4/7/99 ARC 8893A
Office of Secretary of State
Second Floor
Hoover State Office Bldg.
Des Moines, Iowa
April 27, 1999
1:30 p.m.
STATUS OF AFRICAN-AMERICANS, DIVISION ON THE[434]

Agency procedures,
chs 3 to 6
IAB 4/7/99 ARC 8862A
Director's Conference Room
Lucas State Office Bldg.
Des Moines, Iowa
April 27, 1999
10 a.m.
UTILITIES DIVISION[199]

Refunds and back billing,
19.4(13), 20.4(14), 21.4(6), 22.4(3)
IAB 4/21/99 ARC 8921A
Utilities Board's Hearing Room
350 Maple St.
Des Moines, Iowa
June 2, 1999
10 a.m.

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]

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]

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]

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 8918A

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 sections 239B.4 and 249A.4, the Department of Human Services proposes to amend Chapter 40, "Application for Aid," Chapter 41, "Granting Assistance," Chapter 46, "Overpayment Recovery," Chapter 48, "Family Investment Program Eligibility Under Self-Employment Demonstration Projects," and Chapter 75, "Conditions of Eligibility," appearing in the Iowa Administrative Code.

These amendments implement changes to the Family Investment Program (FIP) and the Family Medical Assistance Program (FMAP) and related Medicaid coverage groups. These changes will match FIP and Medicaid policy with food stamp policy with a resulting reduction in program complexity and improvement in program error rates. The changes are as follows:

* Financial sanctions are eliminated for FIP and FMAP-related Medicaid for untimely reporting changes in earnings that occur between review periods or for untimely reporting earnings on the monthly report form. Under current policy, households which fail to report changes in earnings within ten days or who fail to report earnings on the monthly report by the sixteenth of the report month lose their 20 percent earned income deduction and child care deduction. However, they still qualify for the 50 percent work incentive deduction. Under these changes, households will receive all applicable earned income deductions, including the 20 percent and child care deduction.

EXAMPLE: Ms. C and her 2 children are on FIP. Ms. C works. On September 20 she turns in her monthly report for the month of August. Her verified gross August income is $400. Her verified August child care expense is $100. Under current policy, Ms. C will not receive the 20 percent earned income deduction nor the $100 child care deduction because she did not turn in her monthly report by September 16. Thus, her countable earnings are $200 ($400 gross minus 50 percent work incentive deduction). Her October FIP grant is $226 ($426 basic 3-person FIP grant minus $200 countable earnings). Under these revisions, Ms. C's countable earnings would be $110 ($400 gross earnings minus $80 earned income deduction minus $100 child care minus 50 percent work incentive deduction). Her October FIP grant would be $316 ($426 basic FIP grant minus $110 countable earnings).

* The same child (or incapacitated adult) care deduction limits are applied for part-time employment as for full-time employment. Under current policy, the maximum allowable care deduction for part-time employment is $174 per child per month, and $199 per month for a child under the age of two. For full-time employment, the maximum allowable care deduction is $175 per child per month, and $200 per month for a child under the age of two. Under these changes, in both FIP and FMAP-related Medicaid, the maximum allowable deductions would be $175 and $200 respectively, regardless of the person's hours of employment.

* Earnings-in-kind are disregarded when determining FIP and FMAP-related eligibility or benefit amount. "In-kind earnings" means the client performs a service and, in exchange, receives a noncash benefit for which the client would otherwise have to pay. Under current policy,earnings-in-kind are considered the same as cash. The dollar value of the in-kind earnings is the amount the client would have to pay for the item if the client were not performing the work.

EXAMPLE: The client receives reduced rent in exchange for managing the apartment building. The regular monthly rent amount is $350. However, the client pays only $200 rent. Under current policy, the $150 difference is considered as countable earned income. Under these revisions, the $150 would be disregarded as income.

* Nonhomestead property that produces income which is consistent with its fair market value and nonhomestead property that is up for sale at a price that is consistent with its fair market value are excluded as a resource. "Fair market value" is the gross price for which the property could be sold on the open market. All other nonhomestead property would be counted toward FIP and FMAP-related Medicaid resource limits. Under current policy, the net market value of the nonhomestead property is counted regardless of whether the property is used to produce the household's income or whether the property is up for sale. "Net market value" is the gross price for which the property can be sold minus any legal debts, claims or liens against it.

EXAMPLE: Mr. B owns nonhomestead rental property. Under current policy, the net market value of the nonhomestead property is counted toward FIP resource limits. Under these revisions, the fair market value of the nonhomestead property would not be counted toward resource limits because the property is used to produce the (rental) income. Note that the rental payments the client receives would count as income under both the current and the new policy.

Also under current policy, when the net market value of the nonhomestead property combined with other countable resources exceeds FIP resource limits, the property may be excluded for nine months if it is up for sale at a reasonable asking price and the client signs an agreement to repay FIP assistance to the Department after the property is sold. If the property is sold during the nine-month period, the client must pay the lesser of the amount of FIP benefits received during the exempt period or the net proceeds. If the property is not sold in the nine-month period, FIP is canceled. The client must repay the entire amount of FIP received in the nine-month period even if the FIP amount is more than the net proceeds.

EXAMPLE: Mr. T, a FIP participant, inherits nonhomestead property in January. He advertises the property for sale at a reasonable price and signs the agreement to repay FIP. Assuming Mr. T stays otherwise eligible for FIP, the property is exempt for the months of February through October. The property is sold in August. Mr. T must repay FIP assistance received from February through August (or the amount of the proceeds from the sale, whichever amount is less). If the property is not sold by October, FIP is canceled for November. When the property is sold, Mr. T must repay all FIP assistance received from February through October.

Under these revisions, as long as the nonhomestead property produces income consistent with its fair market value or is up for sale at a price that is consistent with its fair market value, the property would be excluded as a resource. This would render the agreement to repay and the nine-month exemption period moot. Also, the client would no longer have to repay FIP received while the property is subject to exclusion.

Additionally, under FMAP-related Medicaid, the current policy requires that the value of the property is counted during the time period that it is publicly advertised for sale. Under these revisions, the property would be excluded as a resource as long as the nonhomestead property produces income consistent with its fair market value or is up for sale at a price that is consistent with its fair market value.

* The requirement that FIP and FMAP-related Medicaid applicants and participants try to gain title and control of an unavailable resource is eliminated. A resource is considered unavailable when the client owns it in part or in full but the client has no control over it. For example, the client owns real property but the property cannot be occupied, rented, leased, sold or otherwise used or disposed of at the client's discretion. Only available resources are counted toward resource limits. Under current policy, clients are required to take action (such as petitioning the court) to gain title and control of an unavailable resource which, if available, would count as a resource and make the client ineligible for FIP. However, in most instances the action that the client must take is time-consuming as well as cumbersome and frequently produces no favorable results. Therefore, the Department proposes to eliminate this requirement.

* A recurring lump-sum payment is counted as income in the month in which it is received. Examples of "recurring" lump sums are payments from sales commissions, bonuses, or profit-sharing. Under current policy, the lump-sum payment is prorated over the number of months over which the income was gained.

EXAMPLE: In June, the client receives a $300 semiannual bonus. Currently, the bonus is divided by six months, and $50 applied as income for six months, beginning with June when the income was received. Under these revisions, the entire $300 bonus will be counted as income in June, the month it was received. This revision is applied to FIP only, as there is a chance that this change could harm the Medicaid eligibility of a client.

* Subrule 41.27(1), paragraphs "g" and "j," are corrected to remove an obsolete reference to Medicaid eligibility.

* Subrule 75.58(1), paragraph "b," subparagraph (4), is revised to reflect current policy.

These proposed changes are tentatively scheduled to be effective September 1, 1999, with the FIP payment month or Medicaid benefit month.

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 May 12, 1999.

These amendments are intended to implement Iowa Code sections 239B.7 and 239B.9 and Iowa Code section 249A.4.

The following amendments are proposed.

ITEM 1. Amend rule 441--40.27(239B) as follows:

Amend subrule 40.27(1), paragraph "a," subparagraphs (1) and (2), as follows:

(1) The assistance unit contains any member with earned income, ~~including earnings in kind,~~ unless the income is either exempt ~~under 441--paragraph 41.27(7)"y"~~ or the only earned income is from ~~exempt work study,~~ annualized self-employment~~, or Job Corps unless the participant is aged 20 or older~~.

(2) The assistance unit contains any member with a recent work history. A recent work history means the person received earned income during either one of the two calendar months immediately preceding the budget month, unless the income was either exempt ~~under 441--paragraph 41.27(7)"y"~~ or the only earned income was from ~~exempt~~ ~~work study,~~ annualized self-employment~~, or Job Corps unless the participant is aged 20 or older~~.

Amend subrule 40.27(4), paragraph "e," subparagraph (1), as follows:

(1) Income from all sources, including any change in ~~the~~ care expenses. ~~and any change in full-time or part-time employment status as defined in 441--paragraph 41.27(2)"b."~~

Further amend subrule 40.27(4), paragraph "f," subparagraph (2), as follows:

(2) The date care expenses increase or decrease ~~or the date full-time or part-time employment status, as defined in 441--paragraph 41.27(2)"b," changes~~.

ITEM 2. Amend rule 441--41.26(239B) as follows:

Amend subrule 41.26(1), paragraph "a," as follows:

a. A homestead without regard to its value. A mobile home or similar shelter shall be considered as a homestead when it is occupied by the recipient. Temporary absence from the homestead with a defined purpose for the absence and with intent to return when the purpose of the absence has been accomplished shall not be considered to have altered the exempt status of the homestead. ~~The~~ Except as described at 41.26(1)"n" or "o" and 41.26(6)"d," the net market value of any other real property shall be considered with personal property.

Further amend subrule 41.26(1) by adopting a new paragraph "o" as follows:

o. Nonhomestead property that produces income consistent with the property's fair market value.

Amend subrule 41.26(4), paragraph "b," as follows:

b. ~~Mortgages and contracts for the sale of property.~~ Property sold under installment contract. Property sold under an installment contract or held as security in exchange for a price consistent with its fair market value is exempt as a resource. ~~The~~ If the price is not consistent with the contract's fair market value, the resource value of ~~a mortgage or~~ the installment contract is the gross price for which it can be sold or discounted on the open market, less any legal debts, claims or liens against the ~~mortgage or~~ installment contract.

~~Mortgage or contract payments~~ Payments from property sold under an installment contract are exempt as income as specified in paragraphs 41.27(1)"f" and 41.27(7)"ah." The portion of any payment received representing principal is considered a resource upon receipt. The interest portion of the payment is considered a resource the month following the month of receipt.

Rescind and reserve subrule 41.26(6), paragraph "b."

Further amend subrule 41.26(6) by rescinding paragraph "d" and adopting the following new paragraph "d" in lieu thereof:

d. When the applicant or recipient owns nonhomestead property, the property shall be considered exempt for so long as the property is publicly advertised for sale at an asking price that is consistent with its fair market value.

ITEM 3. Amend rule 441--41.27(239B) as follows:

Amend subrule 41.27(1), paragraphs "g" and "j," as follows:

g. Every person in the eligible group shall apply for benefits for which that person may be qualified and accept those benefits, even though the benefit may be reduced because of the laws governing a particular benefit. The needs of any individual who refuses to cooperate in applying for or accepting benefits from other sources shall be removed from the eligible group. The individual is eligible for the 50 percent work incentive deduction in paragraph 41.27(2)"c." ~~but the individual is not eligible for medical benefits.~~

j. Every person in the eligible group shall apply for and accept health or medical insurance when it is available at no cost to the applicant or recipient, or when the cost is paid by a third party, including the department of human services. The needs of any individual who refuses to cooperate in applying for or accepting this insurance shall be removed from the eligible group. The individual is eligible for the 50 percent work incentive deduction in paragraph 41.27(2)"c." ~~but the individual is not eligible for medical benefits.~~

Amend subrule 41.27(2), paragraph "b," subparagraph (1), as follows:

(1) Child care or care for an incapacitated adult shall be considered a work expense in the amount paid for care of an individual, not to exceed $175, or $200 in the case of a child under the age of two, per month ~~for a full-time employee and $174, or $199 in the case of a child under the age of two, for a part-time employee~~ or the going rate in the community, whichever is less.

Further amend subrule 41.27(2) by rescinding and reserving paragraph "b," subparagraph (2), and paragraphs "d" and "p."

Amend subrule 41.27(6), paragraph "o," as follows:

o. ~~Unearned income~~ Income in-kind.

Amend subrule 41.27(7) by adopting a new paragraph "aj" as follows:

aj. Payments from property sold under an installment contract as specified in paragraphs 41.26(4)"b" and 41.27(1)"f."

Amend subrule 41.27(8), paragraph "a," subparagraphs (1) and (2), as follows:

(1) Treatment of income when the parent is a citizen or an alien other than those described in 41.23(4)"a"(3). A parent who is living in the home with the eligible child(ren) but whose needs are excluded from the eligible group is eligible for the 20 percent earned income deduction, child care expenses for children in the eligible group, the 50 percent work incentive deduction described at 41.27(2)"a," "b," and "c," and diversions described at 41.27(4), and shall be permitted to retain that part of the parent's income to meet the parent's needs as determined by the difference between the needs of the eligible group with the parent included and the needs of the eligible group with the parent excluded except as described at 41.27(11). All remaining nonexempt income of the parent shall be applied against the needs of the eligible group. Excluded parents are subject to the earned income sanction at 41.27(2)"d." The 20 percent earned income deduction and child care expenses described at 41.27(2)"a" and "b" shall not be allowed for sanctioned earnings. However, the 50 percent work incentive deduction as in 41.27(2)"c" and diversions in 41.27(4) shall be allowed.

(2) Treatment of income of a parent who is ineligible because of lawful temporary or permanent resident status. The income of a parent who is ineligible as described in 41.23(4)"a"(3) shall be attributable to the eligible group in the same manner as the income of a stepparent is determined pursuant to 41.27(8)"b"(1) to (7), (9) and (10), except for child care expenses which are only allowed for the children in the eligible group. Nonrecurring lump sum income received by the parent shall be treated in accordance with 41.27(9)"c"(2). The alien parent is subject to the earned income sanction in 41.27(2)"d". The 20 percent earned income deduction and child care expenses in 41.27(2)"a" and "b" shall not be allowed for sanctioned earnings. However, the 50 percent work incentive deduction in 41.27(2)"c" shall be allowed.

Further amend subrule 41.27(8), paragraph "b," introductory paragraph, as follows:

b. Treatment of income in stepparent cases. The income of a stepparent who is not included in the eligible group, but is living with the parent in the home of the eligible child(ren), shall be given the same consideration and treatment as that of a natural parent subject to the limitations of subparagraphs (1) to (11 10) below.

Further amend subrule 41.27(8) by rescinding and reserving paragraph "b," subparagraph (11), and rescinding paragraph "c," second unnumbered paragraph.

Amend subrule 41.27(9), paragraph "a," subparagraph (1), as follows:

(1) At time of application all earned and unearned income received and anticipated to be received by the eligible group during the month the decision is made shall be considered to determine eligibility for the family investment program, except income which is exempt. When income is prorated in accordance with 41.27(9)"c"(1)~~, 41.27(9)"g"~~ and 41.27(9)"i," the prorated amount is counted as income received in the month of decision. Allowable work expenses during the month of decision shall be deducted from earned income, except when determining eligibility under the 185 percent test defined in 41.27(239B). The determination of eligibility in the month of decision is a three-step process as described in 41.27(239B).

Further amend subrule 41.27(9), paragraph "b," subparagraph (3), as follows:

(3) Income considered for retrospective budgeting shall be the actual income received in the budget month, except for the income described in 41.27(9)"c"(1)~~, 41.27(9)"g"~~ and 41.27(9)"i." A payroll check will be considered received the date the employer distributes payroll checks to employees.

Further amend subrule 41.27(9), paragraph "c," subparagraph (1), as follows:

(1) Lump sum income other than nonrecurring. Recurring lump sum earned and unearned income, except for the income of the self-employed, shall be ~~prorated over the number of months for which the income was received and applied to the grant for the same number of months~~ considered as income in the budget month received. Income received by an individual employed under a contract shall be prorated over the period of the contract. Income received at periodic intervals or intermittently shall be ~~prorated over the period covered by the income and applied to the grant for the same number of months~~ considered as income in the budget month received, except periodic or intermittent income from self-employment shall be treated as described in 41.27(9)"i." When the ~~lump sum~~ income that is subject to proration is earned ~~income~~, appropriate disregards, deductions and diversions shall be applied to the monthly prorated income. Income that is subject to proration is prorated when a lump sum is received before the month of decision and is anticipated to recur; or a lump sum is received during the month of decision or any time during the receipt of assistance.

ITEM 4. Amend rule 441--46.24(239B) as follows:

Amend subrule 46.24(3), paragraph "a," as follows:

a. An overpayment due to client error shall be computed as if the information had been reported and acted upon timely.

EXCEPTION: When the client, without good cause, as defined in 441--paragraph 41.27(2)"d," fails to report income earned as specified in 41.27(2)"d," the deductions in 441--paragraphs 41.27(2)"a" and "b" shall not be allowed. However, the work incentive deduction in 441--paragraph 41.27(2)"c" shall be allowed except as described in 441-- paragraph 41.27(9)"a."

Rescind and reserve subrule 46.24(6).

ITEM 5. Rescind and reserve subrule 46.25(3), paragraph "d."

ITEM 6. Amend subrule 48.23(1), paragraph "b," as follows:

b. Nonhomestead real property. The net market value of any nonhomestead property used in the self-employment enterprise shall be exempt as a resource. ~~The nine-months real property exemption specified at 441--subrule 41.26(6) shall not be applied to nonhomestead property used for the self-employment enterprise.~~

ITEM 7. Amend subrule 75.52(1), paragraph "a," subparagraphs (1) and (2), as follows:

(1) The assistance unit contains any member with earned income unless the income is either exempt ~~under paragraph 75.57(7)"u,"~~ or the only earned income is from ~~exempt work study,~~ annualized self-employment~~, or Job Corps unless the participant is aged 20 or older~~.

(2) The assistance unit contains any member with a recent work history. A recent work history means the person received earned income during either one of the two calendar months immediately preceding the budget month, unless the income was either exempt ~~under paragraph 75.57(7)"u,"~~ or the only earned income was from ~~exempt work study,~~ annualized self-employment~~, or Job Corps unless the participant is aged 20 or older~~.

Amend subrule 75.52(4), paragraph "c," subparagraph (1), as follows:

(1) Income from all sources, including any change in care expenses ~~and any change in full-time or part-time employment status as defined in subparagraph 75.57(2)"b"(2)~~.

Further amend subrule 75.52(4), paragraph "d," subparagraph (2), as follows:

(2) The date care expenses increase or decrease ~~or the date full-time or part-time employment status, as defined in subparagraph 75.57(2)"b"(2), changes~~.

ITEM 8. Amend rule 441--75.56(249A) as follows:

Amend subrule 75.56(1), paragraph "a," as follows:

a. A homestead without regard to its value. A mobile home or similar shelter shall be considered as a homestead when it is occupied by the recipient. Temporary absence from the homestead with a defined purpose for the absence and with intent to return when the purpose of the absence has been accomplished shall not be considered to have altered the exempt status of the homestead. ~~The~~ Except as described at paragraph 75.56(1)"n" or "o," the net market value of any other real property shall be considered with personal property.

Further amend subrule 75.56(1) by adopting new paragraph "o" as follows:

o. Nonhomestead property that produces income consistent with the property's fair market value.

Amend subrule 75.56(4), paragraph "b," as follows:

~~Mortgage or contract payments~~ Payments from property sold under an installment contract are exempt as income as specified in paragraphs 75.57(1)"d" and 75.57(7)"ag." The portion of any payment received representing principal is considered a resource upon receipt. The interest portion of the payment is considered a resource the month following the month of receipt.

Amend subrule 75.56(6) by rescinding and reserving paragraph "b."

Further amend subrule 75.56(6) by adopting a new paragraph "d" as follows:

ITEM 9. Amend rule 441--75.57(249A) as follows:

Amend subrule 75.57(2), paragraph "b," subparagraph (1), as follows:

Further amend subrule 75.57(2) by rescinding and reserving paragraph "b," subparagraph (2), and paragraphs "d" and "k."

Amend subrule 75.57(6), paragraph "o," as follows:

o. ~~Unearned income~~ Income in-kind.

Amend subrule 75.57(7) by adopting a new paragraph "ag" as follows:

ag. Payments from property sold under an installment contract as specified in paragraphs 75.56(4)"b" and 75.57(1)"d."

Amend subrule 75.57(8), paragraph "a," as follows:

a. Treatment of income in excluded parent cases. A parent who is living in the home with the eligible children but whose needs are excluded from the eligible group is eligible for the 20 percent earned income deduction, child care expenses for children in the eligible group, the 50 percent work incentive deduction described at paragraphs 75.57(2)"a," "b," and "c," and diversions described at subrule 75.57(4), and shall be permitted to retain that part of the parent's income to meet the parent's needs as determined by the difference between the needs of the eligible group with the parent included and the needs of the eligible group with the parent excluded except as described at subrule 75.57(10). All remaining nonexempt income of the parent shall be applied against the needs of the eligible group. Excluded parents are subject to the earned income sanction at paragraph 75.57(2)"d." The 20 percent earned income deduction and child care expenses described at paragraphs 75.57(2)"a" and "b" shall not be allowed for sanctioned earnings. However, the 50 percent work incentive deductions as at paragraph 75.57(2)"c" and diversions at subrule 75.57(4) shall be allowed.

Further amend subrule 75.57(8), paragraph "b," introductory paragraph, as follows:

Further amend subrule 75.57(8) by rescinding and reserving paragraph "b," subparagraph (11), and rescinding paragraph "c," second unnumbered paragraph.

Amend subrule 75.57(9), paragraph "a," subparagraph (1), as follows:

(1) At the time of application all earned and unearned income received and anticipated to be received by the eligible group during the month the decision is made shall be considered to determine eligibility, except income which is exempt. When income is prorated in accordance with subparagraph 75.57(9)"c"(1) and ~~paragraphs~~ paragraph 75.57(9)~~"g" and~~ "i," the prorated amount is counted as income received in the month of decision. Allowable work expenses during the month of decision shall be deducted from earned income, except when determining eligibility under the 185 percent test defined at rule 441-- 75.57(249A). The determination of eligibility in the month of decision is a three-step process as described at rule 441--75.57(249A).

Further amend subrule 75.57(9), paragraph "b," subparagraph (3), as follows:

(3) Income considered for retrospective budgeting shall be the actual income received in the budget month, except for the income described at subparagraph 75.57(9)"c"(1) and ~~paragraphs~~ paragraph ~~75.57(9)"g" and~~ 75.57(9)"i." A payroll check will be considered received the date the employer distributes payroll checks to the employee.

ITEM 10. Amend subrule 75.58(1), paragraph "b," subparagraph (4), as follows:

(4) The stepparent who is not incapacitated when the stepparent is the legal spouse of the natural or adoptive parent by ceremonial or common-law marriage and the stepparent is required in the home to care for the dependent children. These services must be required to the extent that if the stepparent were not available, it would be necessary to allow for care as a deduction from earned income of the parent ~~or educational income of the parent~~.

ARC 8917A

IOWA FINANCE AUTHORITY[265]

Notice of Intended Action

Pursuant to the authority of Iowa Code paragraph 17A.3(1)"b," the Iowa Finance Authority proposes to amend Chapter 1, "General," and Chapter 9, "Title Guaranty Division," and to rescind Chapter 7, "Contested Case Proceedings," and adopt Chapter 7, "Contested Cases," Chapter 16, "Declaratory Orders," and Chapter 17, "Petitions for Rule Making," Iowa Administrative Code.

These amendments revise the Authority's rules governing procedures for contested case proceedings, rule making, petitions for rule making, and declaratory orders.

The Seventy-seventh General Assembly passed amendments to the Iowa Administrative Procedure Act in 1998 Iowa Acts, chapter 1202. A task force from the Attorney General's Office has drafted amendments to the Uniform Rules on Agency Procedure to implement the amendments to the Iowa Administrative Procedure Act. The Authority's proposed amendments to its rules are based on the amendments of the Attorney General's task force, with some omissions and modifications to fit the Authority's needs. The Uniform Rules on Agency Procedure are published in the first volume of the Iowa Administrative Code and are also available at the State Law Library, Capitol Building, Des Moines, Iowa, or on the Attorney General's web site at http://www.state.ia.us/government/ag/deptdir.htm.

With these revisions, the Authority's rules will be in compliance with 1998 Iowa Acts, chapter 1202. The major changes governing the rule-making process in chapter 1202 which are to be effective July 1, 1999, are as follows:

* In Chapter 7, the Authority has revised its contested case rules to be consistent with the changes in the law. The rules provide for the selection of the presiding officer at hearings, ex parte communications with presiding officers, motion practice, default orders, emergency adjudicative proceedings, and stay orders.

* In Chapter 16, the Authority has revised its rules governing declaratory orders to be consistent with the changes in the law. The purpose is the same, but requirements are more specific than in current law. Rules are added to provide for petitions for intervention.

* In Chapter 17, the Authority has included rules governing rule making, the regulatory analysis of a rule and the requirements for economic impact statements. The rules also refer to the requirements for fiscal notes required by the Iowa Code. The rule-making provisions also provide for rule reviews to determine whether a rule should be repealed or amended or a new rule adopted. The rules require the Authority to make this review if such a review has not been conducted in the last five years. The rules identify the various members of government or the public that have the right to make this request.

Consideration will be given to all written data, views, and arguments thereto received by the Iowa Finance Authority, 100 East Grand Avenue, Suite 250, Des Moines, Iowa 50309, on or before May 11, 1999.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code section 25B.6.

The following amendments are proposed.

ITEM 1. Rescind and reserve rules 265--1.4(220) to 265--1.7(220).

ITEM 2. Rescind 265--Chapter 7 and adopt the following new chapter in lieu thereof:

CHAPTER 7
CONTESTED CASES

265--7.1(17A) Scope and applicability. This chapter applies to contested case proceedings conducted by the authority.

265--7.2(17A) Definitions. Except where otherwise specifically defined by law:

"Authority" means the Iowa finance authority, as designated in Iowa Code chapter 220.

"Contested case" means a proceeding defined by Iowa Code section 17A.2(5) and includes any matter defined as a no factual dispute contested case under 1998 Iowa Acts, chapter 1202, section 14.

"Executive director" means the executive director of the authority or an authorized representative of the executive director.

"Issuance" means the date of mailing of a decision or order or date of delivery if service is by other means unless another date is specified in the order.

"Party" means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party.

"Presiding officer" means the board of the authority.

"Proposed decision" means the presiding officer's recommended findings of fact, conclusions of law, decision, and order in a contested case in which the entire board of the authority did not preside.

265--7.3(17A) Time requirements.

7.3(1) Time shall be computed as provided in Iowa Code subsection 4.1(34).

7.3(2) For good cause, the presiding officer may extend or shorten the time to take any action, except as precluded by statute or by rule. Except for good cause stated in the record, before extending or shortening the time to take any action, the presiding officer shall afford all parties an opportunity to be heard or to file written arguments.

265--7.4(17A) Requests for contested case proceeding. Any person claiming an entitlement to a contested case proceeding shall file a written request for such a proceeding from the authority within the time specified by the particular rules or statutes governing the subject matter or, in the absence of such law, the time specified in the authority action in question.

The request for a contested case proceeding should state the name and address of the requester, identify the specific authority action which is disputed and, where the requester is represented by a lawyer, identify the provisions of law or precedent requiring or authorizing the holding of a contested case proceeding in the particular circumstances involved, and include a short and plain statement of the issues of material fact in dispute.

265--7.5(17A) Notice of hearing.

7.5(1) Delivery. Delivery of the notice of hearing to the person requesting a contested case constitutes the commencement of the contested case proceeding. Delivery may be executed by:

a. Personal service as provided in the Iowa Rules of Civil Procedure; or

b. Certified mail, return receipt requested; or

c. First-class mail; or

d. Publication, as provided in the Iowa Rules of Civil Procedure.

7.5(2) Contents. The notice of hearing shall contain the following information:

a. A statement of the time, place, and nature of the hearing;

b. A statement of the legal authority and jurisdiction under which the hearing is to be held;

c. A reference to the particular sections of the statutes and rules involved;

d. A short and plain statement of the matters asserted. If the authority or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished;

e. Identification of all parties including the name, address and telephone number of the person who will act as advocate for the authority or the state and of parties' counsel where known;

f. Reference to the procedural rules governing conduct of the contested case proceeding;

g. Reference to the procedural rules governing informal settlement;

h. Identification of the presiding officer, if known. If not known, a description of who will serve as presiding officer (e.g., the board of the authority, members of the authority's board, administrative law judge from the department of inspections and appeals); and

i. Notification of the time period in which a party may request, pursuant to 1998 Iowa Acts, chapter 1202, section 15(1) and rule 7.6(17A), that the presiding officer be an administrative law judge.

265--7.6(17A) Presiding officer.

7.6(1) In each contested case in which Iowa Code chapter 17A requires an evidentiary hearing, the chairperson of the authority will determine whether the hearing shall be held before the authority, one or more members of the authority's board, or an administrative law judge. Any party who wishes to request that the presiding officer assigned to render a proposed decision be an administrative law judge employed by the department of inspections and appeals must file a written request within 20 days after service of a notice of hearing which identifies or describes the presiding officer as the authority's board or members of the authority's board.

7.6(2) The executive director may deny the request only upon a finding that one or more of the following apply:

a. Neither the authority nor any officer of the authority under whose authority the contested case is to take place is a named party to the proceeding or a real party in interest to that proceeding.

b. There is a compelling need to expedite issuance of a final decision in order to protect the public health, safety, or welfare.

c. The case involves significant policy issues of first impression that are inextricably intertwined with the factual issues presented.

d. The demeanor of the witnesses is likely to be dispositive in resolving the disputed factual issues.

e. Funds are unavailable to pay the costs of an administrative law judge and an interauthority appeal.

f. The request was not timely filed.

g. The request is not consistent with a specified statute.

7.6(3) The executive director shall issue a written ruling specifying the grounds for its decision within 20 days after a request for an administrative law judge is filed. If the ruling is contingent upon the availability of an administrative law judge with the qualifications identified in subrule 7.6(4), the parties shall be notified at least 10 days prior to hearing if a qualified administrative law judge will not be available.

7.6(4) An administrative law judge assigned to act as presiding officer in any of the authority's cases shall have the following technical expertness unless waived by the authority.

7.6(5) Except as provided otherwise by another provision of law, all rulings by an administrative law judge acting as presiding officer are subject to appeal to the board of the authority. A party must seek any available intra-authority appeal in order to exhaust adequate administrative remedies.

7.6(6) Unless otherwise provided by law, members of the authority's board, when reviewing a proposed decision upon intra-authority appeal, shall have the powers of and shall comply with the provisions of this chapter which apply to presiding officers.

265--7.7(17A) Waiver of procedures. Unless otherwise precluded by law, the parties in a contested case proceeding may waive any provision of this chapter. However, the authority in its discretion may refuse to give effect to such a waiver when it deems the waiver to be inconsistent with the public interest.

265--7.8(17A) Telephone or video proceedings. The presiding officer may resolve preliminary procedural motions by telephone conference in which all parties have an opportunity to participate. Other telephone proceedings or interactive video proceedings, including the hearing for the contested case proceeding, may be held with the consent of all parties. The presiding officer will determine the location of the parties and witnesses for telephone hearings. The convenience of the witnesses or parties, as well as the nature of the case, will be considered when location is chosen. The cost of the telephone hearing or an interactive video hearing may be assessed equally to each party.

265--7.9(17A) Disqualification.

7.9(1) A presiding officer or other person shall withdraw from participation in the making of any proposed or final decision in a contested case if that person:

a. Has a personal bias or prejudice concerning a party or a representative of a party;

b. Has personally investigated, prosecuted or advocated in connection with that case, the specific controversy underlying that case, another pending factually related contested case, or a pending factually related controversy that may culminate in a contested case involving the same parties;

c. Is subject to the authority, direction or discretion of any person who has personally investigated, prosecuted or advocated in connection with that contested case, the specific controversy underlying that contested case, or a pending factually related contested case or controversy involving the same parties;

d. Has acted as counsel to any person who is a private party to that proceeding within the past two years;

e. Has a personal financial interest in the outcome of the case or any other significant personal interest that could be substantially affected by the outcome of the case;

f. Has a spouse or relative within the third degree of relationship that:

(1) Is a party to the case, or an officer, director or trustee of a party;

(2) Is a lawyer in the case;

(3) Is known to have an interest that could be substantially affected by the outcome of the case; or

(4) Is likely to be a material witness in the case; or

g. Has any other legally sufficient cause to withdraw from participation in the decision making in that case.

7.9(2) The term "personally investigated" means taking affirmative steps to interview witnesses directly or to obtain documents or other information directly. The term "personally investigated" does not include general direction and supervision of assigned investigators, unsolicited receipt of information which is relayed to assigned investigators, review of another person's investigative work product in the course of determining whether there is probable cause to initiate a proceeding, or exposure to factual information while performing other authority functions, including fact gathering for purposes other than investigation of the matter which culminates in a contested case. Factual information relevant to the merits of a contested case received by a person who later serves as presiding officer in that case shall be disclosed if required by Iowa Code section 17A.17 as amended by 1998 Iowa Acts, chapter 1202, section 9, and subrules 7.9(3) and 7.23(9).

7.9(3) In a situation where a presiding officer or other person knows of information which might reasonably be deemed to be a basis for disqualification and decides voluntary withdrawal is unnecessary, that person shall submit the relevant information for the record by affidavit and shall provide for the record a statement of the reasons for the determination that withdrawal is unnecessary.

7.9(4) If a party asserts disqualification on any appropriate ground, including those listed in subrule 7.9(1), the party shall file a motion supported by an affidavit pursuant to 1998 Iowa Acts, chapter 1202, section 19(7). The motion must be filed as soon as practicable after the reason alleged in the motion becomes known to the party. If, during the course of the hearing, a party first becomes aware of evidence of bias or other grounds for disqualification, the party may move for disqualification but must establish the grounds by the introduction of evidence into the record.

If the presiding officer determines that disqualification is appropriate, the presiding officer or other person shall withdraw. If the presiding officer determines that withdrawal is not required, the presiding officer shall enter an order to that effect. A party asserting disqualification may seek an interlocutory appeal under rule 7.25(17A) and seek a stay under rule 7.29(17A).

265--7.10(17A) Consolidation--severance.

7.10(1) Consolidation. The presiding officer may consolidate any or all matters at issue in two or more contested case proceedings where:

a. The matters at issue involve common parties or common questions of fact or law;

b. Consolidation would expedite and simplify consideration of the issues involved; and

c. Consolidation would not adversely affect the rights of any of the parties to those proceedings.

7.10(2) Severance. The presiding officer may, for good cause shown, order any contested case proceedings or portions thereof severed.

265--7.11(17A) Pleadings.

7.11(1) Pleadings may be required by rule, by the notice of hearing, or by order of the presiding officer.

7.11(2) Petition.

a. Any petition required in a contested case proceeding shall be filed within 20 days of delivery of the notice of hearing or subsequent order of the presiding officer, unless otherwise ordered.

b. A petition shall state in separately numbered paragraphs the following:

(1) The persons or entities on whose behalf the petition is filed;

(2) The particular provisions of statutes and rules involved;

(3) The relief demanded and the facts and law relied upon for such relief; and

(4) The name, address and telephone number of the petitioner and the petitioner's attorney, if any.

7.11(3) Answer. An answer shall be filed within 20 days of service of the petition unless otherwise ordered. A party may move to dismiss or apply for a more definite and detailed statement when appropriate.

An answer shall show on whose behalf it is filed and specifically admit, deny, or otherwise answer all material allegations of the pleading to which it responds. It shall state any facts deemed to show an affirmative defense and contain as many additional defenses as the pleader may claim.

An answer shall state the name, address and telephone number of the person filing the answer, the person or entity on whose behalf it is filed, and the attorney representing that person, if any.

Any allegation in the petition not denied in the answer is considered admitted. The presiding officer may refuse to consider any defense not raised in the answer which could have been raised on the basis of facts known when the answer was filed if any party would be prejudiced.

7.11(4) Amendment. Any notice of hearing, petition, or other charging document may be amended before a responsive pleading has been filed. Amendments to pleadings after a responsive pleading has been filed and to an answer may be allowed with the consent of the other parties or in the discretion of the presiding officer who may impose terms or grant a continuance.

265--7.12(17A) Service and filing of pleadings and other papers.

7.12(1) When service required. Except where otherwise provided by law, every pleading, motion, document, or other paper filed in a contested case proceeding and every paper relating to discovery in such a proceeding shall be served upon each of the parties of record to the proceeding, including the person designated as advocate or prosecutor for the state or the authority, simultaneously with their filing. Except for the original notice of hearing and an application for rehearing as provided in Iowa Code section 17A.16(2), the party filing a document is responsible for service on all parties.

7.12(2) Service--how made. Service upon a party represented by an attorney shall be made upon the attorney unless otherwise ordered. Service is made by delivery or by mailing a copy to the person's last-known address. Service by mail is complete upon mailing, except where otherwise specifically provided by statute, rule, or order.

7.12(3) Filing--when required. After the notice of hearing, all pleadings, motions, documents or other papers in a contested case proceeding shall be filed with the Executive Director, Iowa Finance Authority, 100 East Grand Avenue, Suite 250, Des Moines, Iowa 50309. All pleadings, motions, documents or other papers that are required to be served upon a party shall be filed simultaneously with the authority.

7.12(4) Filing--when made. Except where otherwise provided by law, a document is deemed filed at the time it is delivered to the Iowa Finance Authority, 100 East Grand Avenue, Suite 250, Des Moines, Iowa 50309, delivered to an established courier service for immediate delivery to that office, or mailed by first-class mail or state interoffice mail to that office, so long as there is proof of mailing.

7.12(5) Proof of mailing. Proof of mailing includes either: a legible United States Postal Service postmark on the envelope, a certificate of service, a notarized affidavit, or a certification in substantially the following form:

I certify under penalty of perjury and pursuant to the laws of Iowa that, on (date of mailing), I mailed copies of (describe document) addressed to the (authority office and address) and to the names and addresses of the parties listed below by depositing the same in (a United States post office mailbox with correct postage properly affixed or state interoffice mail).

(Date) (Signature)

265--7.13(17A) Discovery.

7.13(1) Discovery procedures applicable in civil actions are applicable in contested cases. Unless lengthened or shortened by these rules or by order of the presiding officer, time periods for compliance with discovery shall be as provided in the Iowa Rules of Civil Procedure.

7.13(2) Any motion relating to discovery shall allege that the moving party has previously made a good-faith attempt to resolve the discovery issues involved with the opposing party. Motions in regard to discovery shall be ruled upon by the presiding officer. Opposing parties shall be afforded the opportunity to respond within ten days of the filing of the motion unless the time is shortened as provided in subrule 7.13(1). The presiding officer may rule on the basis of the written motion and any response, or may order argument on the motion.

7.13(3) Evidence obtained in discovery may be used in the contested case proceeding if that evidence would otherwise be admissible in that proceeding.

265--7.14(17A) Subpoenas.

7.14(1) Issuance.

a. An authority subpoena shall be issued to a party on request. Such a request must be in writing. In the absence of good cause for permitting later action, a request for a subpoena must be received at least three days before the scheduled hearing. The request shall include the name, address, and telephone number of the requesting party.

b. Except to the extent otherwise provided by law, parties are responsible for service of their own subpoenas and payment of witness fees and mileage expenses.

7.14(2) Motion to quash or modify. The presiding officer may quash or modify a subpoena for any lawful reason upon motion in accordance with the Iowa Rules of Civil Procedure. A motion to quash or modify a subpoena shall be set for argument promptly.

265--7.15(17A) Motions.

7.15(1) No technical form for motions is required. However, prehearing motions must be in writing, state the grounds for relief, and state the relief sought.

7.15(2) Any party may file a written response to a motion within ten days after the motion is served, unless the time period is extended or shortened by rules of the authority or the presiding officer. The presiding officer may consider a failure to respond within the required time period in ruling on a motion.

7.15(3) The presiding officer may schedule oral argument on any motion.

7.15(4) Motions pertaining to the hearing, except motions for summary judgment, must be filed and served at least ten days prior to the date of hearing unless there is good cause for permitting later action or the time for such action is lengthened or shortened by rule of the authority or an order of the presiding officer.

7.15(5) Motions for summary judgment. Motions for summary judgment shall comply with the requirements of Iowa Rule of Civil Procedure 237 and shall be subject to disposition according to the requirements of that rule to the extent such requirements are not inconsistent with the provisions of this rule or any other provision of law governing the procedure in contested cases.

Motions for summary judgment must be filed and served at least 45 days prior to the scheduled hearing date, or other time period determined by the presiding officer. Any party resisting the motion shall file and serve a resistance within 15 days, unless otherwise ordered by the presiding officer, from the date a copy of the motion was served. The time fixed for hearing or nonoral submission shall be not less than 20 days after the filing of the motion, unless a shorter time is ordered by the presiding officer. A summary judgment order rendered on all issues in a contested case is subject to rehearing pursuant to rule 7.28(17A) and appeal pursuant to rule 7.27(17A).

265--7.16(17A) Prehearing conference.

7.16(1) Any party may request a prehearing conference. A written request for prehearing conference or an order for prehearing conference on the presiding officer's own motion shall be filed not less than seven days prior to the hearing date. A prehearing conference shall be scheduled not less than three business days prior to the hearing date.

Written notice of the prehearing conference shall be given by or on behalf of the authority to all parties. For good cause the presiding officer may permit variances from this rule.

7.16(2) Each party shall bring to the prehearing conference:

a. A final list of the witnesses who the party anticipates will testify at hearing. Witnesses not listed may be excluded from testifying unless there was good cause for the failure to include their names; and

b. A final list of exhibits which the party anticipates will be introduced at hearing. Exhibits other than rebuttal exhibits that are not listed may be excluded from admission into evidence unless there was good cause for the failure to include them.

c. Witness or exhibit lists may be amended subsequent to the prehearing conference within the time limits established by the presiding officer at the prehearing conference. Any such amendments must be served on all parties.

7.16(3) In addition to the requirements of subrule 7.16(2), the parties at a prehearing conference may:

a. Enter into stipulations of law or fact;

b. Enter into stipulations on the admissibility of exhibits;

c. Identify matters which the parties intend to request be officially noticed;

d. Enter into stipulations for waiver of any provision of law; and

e. Consider any additional matters which will expedite the hearing.

7.16(4) Prehearing conferences shall be conducted by telephone unless otherwise ordered. Parties shall exchange and receive witness and exhibit lists in advance of a telephone prehearing conference.

265--7.17(17A) Continuances. Unless otherwise provided, applications for continuances shall be made to the presiding officer.

7.17(1) A written application for a continuance shall:

a. Be made at the earliest possible time and no less than seven days before the hearing except in case of unanticipated emergencies;

b. State the specific reasons for the request; and

c. Be signed by the requesting party or the party's representative.

An oral application for a continuance may be made if the presiding officer waives the requirement for a written motion. However, a party making such an oral application for a continuance must confirm that request by written application within five days after the oral request unless that requirement is waived by the presiding officer. No application for continuance shall be made or granted without notice to all parties except in an emergency where notice is not feasible. The authority may waive notice of such requests for a particular case or an entire class of cases.

7.17(2) In determining whether to grant a continuance, the presiding officer may consider:

a. Prior continuances;

b. The interests of all parties;

c. The likelihood of informal settlement;

d. The existence of an emergency;

e. Any objection;

f. Any applicable time requirements;

g. The existence of a conflict in the schedules of counsel, parties, or witnesses;

h. The timeliness of the request; and

i. Other relevant factors.

The presiding officer may require documentation of any grounds for continuance.

265--7.18(17A) Withdrawals. A party requesting a contested case proceeding may withdraw that request prior to the hearing only in accordance with authority rules. Unless otherwise provided, a withdrawal shall be with prejudice.

265--7.19(17A) Intervention.

7.19(1) Motion. A motion for leave to intervene in a contested case proceeding shall state the grounds for the proposed intervention, the position and interest of the proposed intervenor, and the possible impact of intervention on the proceeding. A proposed answer or petition in intervention shall be attached to the motion. Any party may file a response within 14 days of service of the motion to intervene unless the time period is extended or shortened by the presiding officer.

7.19(2) When filed. Motion for leave to intervene shall be filed as early in the proceeding as possible to avoid adverse impact on existing parties or the conduct of the proceeding. Unless otherwise ordered, a motion for leave to intervene shall be filed before the prehearing conference, if any, or at least 20 days before the date scheduled for hearing. Any later motion must contain a statement of good cause for the failure to file in a timely manner. Unless inequitable or unjust, an intervenor shall be bound by any agreement, arrangement, or other matter previously raised in the case. Requests by untimely intervenors for continuances which would delay the proceeding will ordinarily be denied.

7.19(3) Grounds for intervention. The movant shall demonstrate that: (a) intervention would not unduly prolong the proceedings or otherwise prejudice the rights of existing parties; (b) the movant is likely to be aggrieved or adversely affected by a final order in the proceeding; and (c) the interests of the movant are not adequately represented by existing parties.

7.19(4) Effect of intervention. If appropriate, the presiding officer may order consolidation of the petitions and briefs of different parties whose interests are aligned with each other and limit the number of representatives allowed to participate actively in the proceedings. A person granted leave to intervene is a party to the proceeding. The order granting intervention may restrict the issues that may be raised by the intervenor or otherwise condition the intervenor's participation in the proceeding.

265--7.20(17A) Hearing procedures.

7.20(1) The presiding officer presides at the hearing, and may rule on motions, require briefs, issue a proposed decision, and issue such orders and rulings as will ensure the orderly conduct of the proceedings.

7.20(2) All objections shall be timely made and stated on the record.

7.20(3) Parties have the right to participate or to be represented in all hearings or prehearing conferences related to their case. Partnerships, corporations, or associations may be represented by any member, officer, director, or duly authorized agent. Any party may be represented by an attorney or another person authorized by law.

7.20(4) Subject to terms and conditions prescribed by the presiding officer, parties have the right to introduce evidence on issues of material fact, cross-examine witnesses present at the hearing as necessary for a full and true disclosure of the facts, present evidence in rebuttal, and submit briefs and engage in oral argument.

7.20(5) The presiding officer shall maintain the decorum of the hearing and may refuse to admit or may expel anyone whose conduct is disorderly.

7.20(6) Witnesses may be sequestered during the hearing.

7.20(7) The presiding officer shall conduct the hearing in the following manner:

a. The presiding officer shall give an opening statement briefly describing the nature of the proceedings;

b. The parties shall be given an opportunity to present opening statements;

c. Parties shall present their cases in the sequence determined by the presiding officer;

d. Each witness shall be sworn or affirmed by the presiding officer or the court reporter, and be subject to examination and cross-examination. The presiding officer may limit questioning in a manner consistent with law;

e. When all parties and witnesses have been heard, parties may be given the opportunity to present final arguments.

265--7.21(17A) Evidence.

7.21(1) The presiding officer shall rule on admissibility of evidence and may, where appropriate, take official notice of facts in accordance with all applicable requirements of law.

7.21(2) Stipulation of facts is encouraged. The presiding officer may make a decision based on stipulated facts.

7.21(3) Evidence in the proceeding shall be confined to the issues as to which the parties received notice prior to the hearing unless the parties waive their right to such notice or the presiding officer determines that good cause justifies expansion of the issues. If the presiding officer decides to admit evidence on issues outside the scope of the notice over the objection of a party who did not have actual notice of those issues, that party, upon timely request, shall receive a continuance sufficient to amend pleadings and to prepare on the additional issue.

7.21(4) The party seeking admission of an exhibit must provide opposing parties with an opportunity to examine the exhibit prior to the ruling on its admissibility. Copies of documents should normally be provided to opposing parties.

All exhibits admitted into evidence shall be appropriately marked and be made part of the record.

7.21(5) Any party may object to specific evidence or may request limits on the scope of any examination or cross-examination. Such an objection shall be accompanied by a brief statement of the grounds upon which it is based. The objection, the ruling on the objection, and the reasons for the ruling shall be noted in the record. The presiding officer may rule on the objection at the time it is made or may reserve a ruling until the written decision.

7.21(6) Whenever evidence is ruled inadmissible, the party offering that evidence may submit an offer of proof on the record. The party making the offer of proof for excluded oral testimony shall briefly summarize the testimony or, with permission of the presiding officer, present the testimony. If the excluded evidence consists of a document or exhibit, it shall be marked as part of an offer of proof and inserted in the record.

265--7.22(17A) Default.

7.22(1) If a party fails to appear or participate in a contested case proceeding after proper service of notice, the presiding officer may, if no adjournment is granted, enter a default decision or proceed with the hearing and render a decision in the absence of the party.

7.22(2) Where appropriate and not contrary to law, any party may move for default against a party who has requested the contested case proceeding and has failed to file a required pleading or has failed to appear after proper service.

7.22(3) Default decisions or decisions rendered on the merits after a party has failed to appear or participate in a contested case proceeding become final authority action unless, within 15 days after the date of notification or mailing of the decision, a motion to vacate is filed and served on all parties or an appeal of a decision on the merits is timely initiated within the time provided by rule 7.27(17A). A motion to vacate must state all facts relied upon by the moving party which establish that good cause existed for that party's failure to appear or participate at the contested case proceeding. Each fact so stated must be substantiated by at least one sworn affidavit of a person with personal knowledge of each such fact, which affidavit(s) must be attached to the motion.

7.22(4) The time for further appeal of a decision for which a timely motion to vacate has been filed is stayed pending a decision on the motion to vacate.

7.22(5) Properly substantiated and timely filed motions to vacate shall be granted only for good cause shown. The burden of proof as to good cause is on the moving party. Adverse parties shall have ten days to respond to a motion to vacate. Adverse parties shall be allowed to conduct discovery as to the issue of good cause and to present evidence on the issue prior to a decision on the motion, if a request to do so is included in that party's response.

7.22(6) "Good cause" for purposes of this rule shall have the same meaning as "good cause" for setting aside a default judgment under Iowa Rule of Civil Procedure 236.

7.22(7) A decision denying a motion to vacate is subject to further appeal within the time limit allowed for further appeal of a decision on the merits in the contested case proceeding. A decision granting a motion to vacate is subject to interlocutory appeal by the adverse party pursuant to rule 7.25(17A).

7.22(8) If a motion to vacate is granted and no timely interlocutory appeal has been taken, the presiding officer shall issue another notice of hearing and the contested case shall proceed accordingly.

7.22(9) A default decision may award any relief consistent with the request for relief made in the petition and embraced in its issues but unless the defaulting party has appeared, it cannot exceed the relief demanded.

7.22(10) A default decision may provide either that the default decision is to be stayed pending a timely motion to vacate or that the default decision is to take effect immediately, subject to a request for stay under rule 7.29(17A).

265--7.23(17A) Ex parte communication.

7.23(1) Prohibited communications. Unless required for the disposition of ex parte matters specifically authorized by statute, following issuance of the notice of hearing, there shall be no communication, directly or indirectly, between the presiding officer and any party or representative of any party or any other person with a direct or indirect interest in such case in connection with any issue of fact or law in the case except upon notice and opportunity for all parties to participate. This does not prohibit persons jointly assigned such tasks from communicating with each other. Nothing in this provision is intended to preclude the presiding officer from communicating with members of the agency or seeking the advice or help of persons other than those with a personal interest in, or those engaged in personally investigating as defined in subrule 7.9(2), prosecuting, or advocating in, either the case under consideration or a pending factually related case involving the same parties as long as those persons do not directly or indirectly communicate to the presiding officer any ex parte communications they have received of a type that the presiding officer would be prohibited from receiving or that furnish, augment, diminish, or modify the evidence in the record.

7.23(2) Prohibitions on ex parte communications commence with the issuance of the notice of hearing in a contested case and continue for as long as the case is pending.

7.23(3) Written, oral or other forms of communication are "ex parte" if made without notice and opportunity for all parties to participate.

7.23(4) To avoid prohibited ex parte communications, notice must be given in a manner reasonably calculated to give all parties a fair opportunity to participate. Notice of written communications shall be provided in compliance with rule 7.12(17A) and may be supplemented by telephone, facsimile, electronic mail or other means of notification. Where permitted, oral communications may be initiated through conference telephone call including all parties or their representatives.

7.23(5) Persons who jointly act as presiding officer in a pending contested case may communicate with each other without notice or opportunity for parties to participate.

7.23(6) The executive director or other persons may be present in deliberations or otherwise advise the presiding officer without notice or opportunity for parties to participate as long as they are not disqualified from participating in the making of a proposed or final decision under any provision of law and they comply with subrule 7.23(1).

7.23(7) Communications with the presiding officer involving uncontested scheduling or procedural matters do not require notice or opportunity for parties to participate. Parties should notify other parties prior to initiating such contact with the presiding officer when feasible, and shall notify other parties when seeking to continue hearings or other deadlines pursuant to rule 7.17(17A).

7.23(8) Disclosure of prohibited communications. A presiding officer who receives a prohibited ex parte communication during the pendency of a contested case must initially determine if the effect of the communication is so prejudicial that the presiding officer should be disqualified. If the presiding officer determines that disqualification is warranted, a copy of any prohibited written communication, all written responses to the communication, a written summary stating the substance of any prohibited oral or other communication not available in written form for disclosure, all responses made, and the identity of each person from whom the presiding officer received a prohibited ex parte communication shall be submitted for inclusion in the record under seal by protective order. If the presiding officer determines that disqualification is not warranted, such documents shall be submitted for inclusion in the record and served on all parties. Any party desiring to rebut the prohibited communication must be allowed the opportunity to do so upon written request filed within ten days after notice of the communication.

7.23(9) Promptly after being assigned to serve as presiding officer at any stage in a contested case proceeding, a presiding officer shall disclose to all parties material factual information received through ex parte communication prior to such assignment unless the factual information has already been or shortly will be disclosed pursuant to Iowa Code subsection 17A.13(2) or through discovery. Factual information contained in an investigative report or similar document need not be separately disclosed by the presiding officer as long as such documents have been or will shortly be provided to the parties.

7.23(10) The presiding officer may render a proposed or final decision imposing appropriate sanctions for violations of this rule including default, a decision against the offending party, censure, or suspension, or revocation of the privilege to practice before the authority. Violation of ex parte communication prohibitions by authority personnel shall be reported to the executive director for possible sanctions including censure, suspension, dismissal, or other disciplinary action.

265--7.24(17A) Recording costs. Upon request, the authority shall provide a copy of the whole or any portion of the record at cost. The cost of preparing a copy of the record or of transcribing the hearing record shall be paid by the requesting party.

Parties who request that a hearing be recorded by certified shorthand reporters rather than by electronic means shall bear the cost of that recordation, unless otherwise provided by law.

265--7.25(17A) Interlocutory appeals. Upon written request of a party or on its own motion, the board of the authority may review an interlocutory order of the presiding officer. In determining whether to do so, the board shall weigh the extent to which its granting the interlocutory appeal would expedite final resolution of the case and the extent to which review of that interlocutory order by the board at the time it reviews the proposed decision of the presiding officer would provide an adequate remedy. Any request for interlocutory review must be filed within 14 days of issuance of the challenged order, but no later than the time for compliance with the order or the date of hearing, whichever is first.

265--7.26(17A) Posthearing procedures and orders.

7.26(1) Filing by parties of briefs and proposed findings. The presiding officer may ask the parties to submit proposed findings and conclusions of law and a proposed order or briefs. Copies of the submission shall be served on all parties. The submission schedule, including waiver or briefs, shall be determined at the close of the hearing.

7.26(2) Final decision or order.

a. When a quorum of the entire board of the authority presides over the reception of evidence at the hearing, its decision is a final decision. The decision shall be in writing and shall include findings of fact and conclusions of law in conformance with Iowa Code chapter 17A.

b. In a contested case in which the hearing is held before an administrative law judge or a panel of the authority's board members constituting less than a quorum of the board, the presiding officer or panel shall render a proposed decision. The proposed decision shall be in writing and shall include findings of fact and conclusions of law in conformance with Iowa Code chapter 17A. The proposed decision becomes the final decision of the authority without further proceedings unless there is an appeal to, or review on motion of, the authority within 30 days.

7.26(3) Decisions and orders.

a. By whom prepared. The presiding officer who presided at the reception of evidence shall prepare a proposed or final decision or order in each case. Findings of fact shall be prepared by the presiding officer at the reception of the evidence in a case unless the officer becomes unavailable. If the officer is unavailable, the findings of fact may be prepared by another person qualified to be a presiding officer who has read the record, unless demeanor of witnesses is a substantial factor. If demeanor is a substantial factor and the presiding officer is unavailable, the portions of the hearing involving demeanor shall be heard again or the case shall be dismissed.

b. Content of decision or order. The proposed or final decision or order shall:

(1) Be in writing or stated in the record.

(2) Include findings of fact. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of underlying facts supporting the findings. If a party submitted proposed finding of fact in accordance with subrule 7.26(1), the decision or order shall include a ruling upon each proposed finding.

(3) Include conclusions of law, supported by cited authority or reasoned opinion.

c. Delivery. A copy of the proposed decision or order shall be delivered to the parties either by personal service or by certified mail, return receipt requested.

265--7.27(17A) Appeals and review.

7.27(1) Appeal by party. Any adversely affected party may appeal a proposed decision to the board of the authority within 30 days after issuance of the proposed decision.

7.27(2) Review. The board of the authority may initiate review of a proposed decision on its own motion at any time within 30 days following the issuance of such a decision.

7.27(3) Notice of appeal. An appeal of a proposed decision is initiated by filing a timely notice of appeal with the authority. The notice of appeal must be signed by the appealing party or a representative of that party and contain a certificate of service. If a member of the authority's board or the authority initiates review of a proposed decision, the executive director shall mail a notice of review to all parties. The notice of appeal or the notice of review shall specify:

a. The parties initiating the appeal;

b. The proposed decision or order appealed from;

c. The specific findings or conclusions to which exception is taken and any other exceptions to the decision or order;

d. The relief sought;

e. The grounds for relief.

7.27(4) Requests to present additional evidence. A party may request the taking of additional evidence only by establishing that the evidence is material, that good cause existed for the failure to present the evidence at the hearing, and that the party has not waived the right to present the evidence. A written request to present additional evidence must be filed with the notice of appeal or, by a nonappealing party, within 14 days of service of the notice of appeal. The board of the authority may remand a case to the presiding officer for further hearing or may itself preside at the taking of additional evidence.

7.27(5) Scheduling. The authority shall issue a schedule for consideration of the appeal.

7.27(6) Briefs and arguments. Unless otherwise ordered, within 20 days of the notice of appeal or order for review, each appealing party may file exceptions and briefs. Within 20 days thereafter, any party may file a responsive brief. Briefs shall cite any applicable legal authority and specify relevant portions of the record in that proceeding. Written requests to present oral argument shall be filed with the briefs.

The authority may resolve the appeal on the briefs or provide an opportunity for oral argument. The authority may shorten or extend the briefing period as appropriate.

265--7.28(17A) Applications for rehearing.

7.28(1) By whom filed. Any party to a contested case proceeding may file an application for rehearing from a final order.

7.28(2) Content of application. The application for rehearing shall state on whose behalf it is filed, the specific grounds for rehearing, and the relief sought. In addition, the application shall state whether the applicant desires reconsideration of all or part of the authority decision on the existing record and whether, on the basis of the grounds enumerated in subrule 7.27(4), the applicant requests an opportunity to submit additional evidence.

7.28(3) Time of filing. The application shall be filed with the authority within 20 days after issuance of the final decision.

7.28(4) Notice to other parties. A copy of the application shall be timely mailed by the applicant to all parties of record not joining therein. If the application does not contain a certificate of service, the authority shall serve copies on all parties.

7.28(5) Disposition. Any application for a rehearing shall be deemed denied unless the authority grants the application within 20 days after its filing.

265--7.29(17A) Stays of authority actions.

7.29(1) When available.

a. Any party to a contested case proceeding may petition the authority for a stay of an order issued in that proceeding or for other temporary remedies, pending review by the authority. The petition shall be filed with the notice of appeal and shall state the reasons justifying a stay or other temporary remedy. The authority may rule on the stay or authorize the presiding officer to do so.

b. Any party to a contested case proceeding may petition the authority for a stay or other temporary remedies pending judicial review of all or part of that proceeding. The petition shall state the reasons justifying a stay or other temporary remedy.

7.29(2) When granted. In determining whether to grant a stay, the presiding officer or authority shall consider the factors listed in 1998 Iowa Acts, chapter 1202, section 23(5c).

7.29(3) Vacation. A stay may be vacated by the issuing authority upon application of the authority or any other party.

265--7.30(17A) No factual dispute contested cases. If the parties agree that no dispute of material fact exists as to a matter that would be a contested case if such a dispute of fact existed, the parties may present all relevant admissible evidence either by stipulation or otherwise as agreed by the parties, without necessity for the production of evidence at an evidentiary hearing. If such agreement is reached, a jointly submitted schedule detailing the method and timetable for submission of the record, briefs and oral argument should be submitted to the presiding officer for approval as soon as practicable. If the parties cannot agree, any party may file and serve a motion for summary judgment pursuant to the rules governing such motions.

265--7.31(17A) Emergency adjudicative proceedings.

7.31(1) Necessary emergency action. To the extent necessary to prevent or avoid immediate danger to the public health, safety, or welfare and, consistent with the Constitution and other provisions of law, the authority may issue a written order in compliance with 1998 Iowa Acts, chapter 1202, section 21, to suspend a license in whole or in part, order the cessation of any continuing activity, order affirmative action, or take other action within the jurisdiction of the authority by emergency adjudicative order. Before issuing an emergency adjudicative order the authority shall consider factors including, but not limited to, the following:

a. Whether there has been a sufficient factual investigation to ensure that the authority is proceeding on the basis of reliable information;

b. Whether the specific circumstances which pose immediate danger to the public health, safety or welfare have been identified and determined to be continuing;

c. Whether the person required to comply with the emergency adjudicative order may continue to engage in other activities without posing immediate danger to the public health, safety or welfare;

d. Whether imposition of monitoring requirements or other interim safeguards would be sufficient to protect the public health, safety or welfare; and

e. Whether the specific action contemplated by the authority is necessary to avoid the immediate danger.

7.31(2) Issuance of order.

a. An emergency adjudicative order shall contain findings of fact, conclusions of law, and policy reasons to justify the determination of an immediate danger in the authority's decision to take immediate action.

b. The written emergency adjudicative order shall be immediately delivered to persons who are required to comply with the order by utilizing one or more of the following procedures:

(1) Personal delivery;

(2) Certified mail, return receipt requested, to the last address on file with the authority;

(3) Certified mail to the last address on file with the authority;

(4) First-class mail to the last address on file with the authority; or

(5) Fax. Fax may be used as the sole method of delivery if the person required to comply with the order has filed a written request that authority orders be sent by fax and has provided a fax number for that purpose.

c. To the degree practicable, the authority shall select the procedure for providing written notice that best ensures prompt, reliable delivery.

7.31(3) Oral notice. Unless the written emergency adjudicative order is provided by personal delivery on the same day that the order issues, the authority shall make reasonable immediate efforts to contact by telephone the persons who are required to comply with the order.

7.31(4) Completion of proceedings. After the issuance of an emergency adjudicative order, the authority shall proceed as quickly as feasible to complete any proceedings that would be required if the matter did not involve an immediate danger.

Issuance of a written emergency adjudicative order shall include notification of the date on which the authority's proceedings are scheduled for completion. After issuance of an emergency adjudicative order, continuance of further authority proceedings to a later date will be granted only in compelling circumstances upon application in writing.

265--7.32(17A,16) Informal procedure prior to hearing. Any person who desires to pursue informal settlement of any contested case may make a request for an informal settlement to the executive director. When the authority is a party, all informal settlements shall be made by the executive director. All informal settlements are subject to ratification by the authority. A request for informal settlement should be received by the executive director not less than 15 days before the board meeting at which it is to be considered. The executive director shall schedule consideration of the request at the next regular board meeting occurring more than 15 days after the request for an informal settlement is made. Not more than 10 days after the authority meeting at which the request is scheduled for consideration, the executive director will notify the petitioner in writing of the authority's disposition of the request. If the authority determines that a conference is appropriate, the party will be notified when, where, and with whom such a conference is to be held. The terms of any settlement agreed to by the parties shall be embodied in a written stipulation. Upon receipt of the request, all formal contested case procedures are stayed, except in the case of emergency orders as provided in rule 7.31(17A). If informal settlement is unsuccessful, formal contested case proceedings may be instituted in accordance with rule 7.5(17A).

These rules are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202.

ITEM 3. Rescind and reserve rules 265--9.8(220) to 265--9.11(220) and 265--9.22(17A,220) to 265-- 9.28(17A,220).

ITEM 4. Adopt the following new chapter:

CHAPTER 16
DECLARATORY ORDERS

265--16.1(17A) Petition for declaratory order. Any person may file a petition with the authority for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the authority, at Iowa Finance Authority, 100 East Grand Avenue, Suite 250, Des Moines, Iowa 50309. A petition is deemed filed when it is received by that office. The authority shall provide the petitioner with a file-stamped copy of the petition if the petitioner provides the authority an extra copy for this purpose. The petition must be typewritten or legibly handwritten in ink and must substantially conform to the following form:

BEFORE THE
IOWA FINANCE AUTHORITY

Petition by (Name of
Petitioner) for a Declaratory Order on (Cite provisions of law involved).
}
PETITION FOR
DECLARATORY ORDER

The petition must provide the following information:

1. A clear and concise statement of all relevant facts on which the order is requested.

2. A citation and the relevant language of the specific statutes, rules, policies, decisions, or orders, whose applicability is questioned, and any other relevant law.

3. The questions petitioner wants answered, stated clearly and concisely.

4. The answers to the questions desired by the petitioner and a summary of the reasons urged by the petitioner in support of those answers.

5. The reasons for requesting the declaratory order and disclosure of the petitioner's interest in the outcome.

6. A statement indicating whether the petitioner is currently a party to another proceeding involving the questions at issue and whether, to the petitioner's knowledge, those questions have been decided by, are pending determination by, or are under investigation by, any governmental entity.

7. The names and addresses of other persons, or a description of any class of persons, known by petitioner to be affected by, or interested in, the questions presented in the petition.

8. Any request by petitioner for a meeting provided for by 16.7(17A).

The petition must be dated and signed by the petitioner or the petitioner's representative. It must also include the name, mailing address, and telephone number of the petitioner and petitioner's representative and a statement indicating the person to whom communications concerning the petition should be directed.

265--16.2(17A) Notice of petition. Within 15 days after receipt of a petition for a declaratory order, the authority shall give notice of the petition to all persons not served by the petitioner pursuant to rule 16.6(17A) to whom notice is required by any provision of law. The authority may also give notice to any other persons.

265--16.3(17A) Intervention.

16.3(1) Persons who qualify under any applicable provision of law as an intervenor and who file a petition for intervention within 20 days of the filing of a petition for declaratory order shall be allowed to intervene in a proceeding for a declaratory order.

16.3(2) Any person who files a petition for intervention at any time prior to the issuance of an order may be allowed to intervene in a proceeding for a declaratory order at the discretion of the authority.

16.3(3) A petition for intervention shall be filed at Iowa Finance Authority, 100 East Grand Avenue, Suite 250, Des Moines, Iowa 50309. Such a petition is deemed filed when it is received by that office. The authority will provide the petitioner with a file-stamped copy of the petition for intervention if the petitioner provides an extra copy for this purpose. A petition for intervention must be typewritten or legibly handwritten in ink and must substantially conform to the following form:

BEFORE THE
IOWA FINANCE AUTHORITY

Petition by (Name of Original
Petitioner) for a Declaratory Order on (Cite provisions of law cited in original petition).
}
PETITION FOR
INTERVENTION

The petition for intervention must provide the following information:

1. Facts supporting the intervenor's standing and qualifications for intervention.

2. The answers urged by the intervenor to the question or questions presented and a summary of the reasons urged in support of those answers.

3. Reasons for requesting intervention and disclosure of the intervenor's interest in the outcome.

4. A statement indicating whether the intervenor is currently a party to any proceeding involving the questions at issue and whether, to the intervenor's knowledge, those questions have been decided by, are pending determination by, or are under investigation by, any governmental entity.

5. The names and addresses of any additional persons, or a description of any additional class of persons, known by the intervenor to be affected by, or interested in, the questions presented.

6. Whether the intervenor consents to be bound by the determination of the matters presented in the declaratory order proceeding.

The petition must be dated and signed by the intervenor or the intervenor's representative. It must also include the name, mailing address, and telephone number of the intervenor and intervenor's representative, and a statement indicating the person to whom communications should be directed.

265--16.4(17A) Briefs. The petitioner or any intervenor may file a brief in support of the position urged. The authority may request a brief from the petitioner, any intervenor, or any other person concerning the questions raised.

265--16.5(17A) Inquiries. Inquiries concerning the status of a declaratory order proceeding may be made to the Executive Director, Iowa Finance Authority, 100 East Grand Avenue, Suite 250, Des Moines, Iowa 50309.

265--16.6(17A) Service and filing of petitions and other papers.

16.6(1) When service required. Except where otherwise provided by law, every petition for declaratory order, petition for intervention, brief, or other paper filed in a proceeding for a declaratory order shall be served upon each of the parties of record to the proceeding, and on all other persons identified in the petition for declaratory order or petition for intervention as affected by or interested in the questions presented, simultaneously with their filing. The party filing a document is responsible for service on all parties and other affected or interested persons.

16.6(2) Filing--when required. All petitions for declaratory orders, petitions for intervention, briefs, or other papers in a proceeding for a declaratory order shall be filed with the Iowa Finance Authority, 100 East Grand Avenue, Suite 250, Des Moines, Iowa 50309. Petitions, briefs, or other papers that are required to be served upon a party shall be filed simultaneously with the authority.

16.6(3) Method of service, time of filing, and proof of mailing. Method of service, time of filing, and proof of mailing shall be as provided by rule 265--7.12(17A).

265--16.7(17A) Consideration. Upon request by petitioner, the authority must schedule a brief and informal meeting between the original petitioner, all intervenors, and the authority, a member of the authority's board, or a member of the staff of the authority, to discuss the questions raised. The authority may solicit comments from any person on the questions raised. Also, comments on the questions raised may be submitted to the authority by any person.

265--16.8(17A) Action on petition.

16.8(1) Within the time allowed by 1998 Iowa Acts, chapter 1202, section 13(5), after receipt of a petition for a declaratory order, the executive director or designee shall take action on the petition as required by 1998 Iowa Acts, chapter 1202, section 13(5).

16.8(2) The date of issuance of an order or of a refusal to issue an order is as defined in rule 265--7.2(17A).

265--16.9(17A) Refusal to issue order.

16.9(1) The authority shall not issue a declaratory order where prohibited by 1998 Iowa Acts, chapter 1202, section 13(1), and may refuse to issue a declaratory order on some or all questions raised for the following reasons:

1. The petition does not substantially comply with the required form.

2. The petition does not contain facts sufficient to demonstrate that the petitioner will be aggrieved or adversely affected by the failure of the authority to issue an order.

3. The authority does not have jurisdiction over the questions presented in the petition.

4. The questions presented by the petition are also presented in a current rule making, contested case, or other authority or judicial proceeding, that may definitively resolve them.

5. The questions presented by the petition would more properly be resolved in a different type of proceeding or by another body with jurisdiction over the matter.

6. The facts or questions presented in the petition are unclear, overbroad, insufficient, or otherwise inappropriate as a basis upon which to issue an order.

7. There is no need to issue an order because the questions raised in the petition have been settled due to a change in circumstances.

8. The petition is not based upon facts calculated to aid in the planning of future conduct but is, instead, based solely upon prior conduct in an effort to establish the effect of that conduct or to challenge an authority decision already made.

9. The petition requests a declaratory order that would necessarily determine the legal rights, duties, or responsibilities of other persons who have not joined in the petition, intervened separately, or filed a similar petition and whose position on the questions presented may fairly be presumed to be adverse to that of petitioner.

10. The petitioner requests the authority to determine whether a statute is unconstitutional on its face.

16.9(2) A refusal to issue a declaratory order must indicate the specific grounds for the refusal and constitutes final authority action on the petition.

16.9(3) Refusal to issue a declaratory order pursuant to this provision does not preclude the filing of a new petition that seeks to eliminate the grounds for the refusal to issue an order.

265--16.10(17A) Contents of declaratory order--effective date. In addition to the order itself, a declaratory order must contain the date of its issuance, the name of petitioner and all intervenors, the specific statutes, rules, policies, decisions, or orders involved, the particular facts upon which it is based, and the reasons for its conclusion.

A declaratory order is effective on the date of issuance.

265--16.11(17A) Copies of orders. A copy of all orders issued in response to a petition for a declaratory order shall be mailed promptly to the original petitioner and all intervenors.

265--16.12(17A) Effect of a declaratory order. A declaratory order has the same status and binding effect as a final order issued in a contested case proceeding. It is binding on the authority, the petitioner, and any intervenors (who consent to be bound) and is applicable only in circumstances where the relevant facts and the law involved are indistinguishable from those on which the order was based. As to all other persons, a declaratory order serves only as precedent and is not binding on the authority. The issuance of a declaratory order constitutes final authority action on the petition.

These rules are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202.

ITEM 5. Adopt the following new chapter:

CHAPTER 17
PROCEDURE FOR RULE MAKING

265--17.1(17A) Applicability. Except to the extent otherwise expressly provided by statute, all rules adopted by the authority are subject to the provisions of Iowa Code chapter 17A, the Iowa administrative procedure Act, and the provisions of this chapter.

265--17.2(17A) Advice on possible rules before notice of proposed rule adoption. In addition to seeking information by other methods, the authority may, before publication of a Notice of Intended Action under Iowa Code subsection 17A.4(1)"a," solicit comments from the public on a subject matter of possible rule making by the authority by causing notice to be published in the Iowa Administrative Bulletin of the subject matter and indicating where, when, and how persons may comment.

265--17.3(17A) Public rule-making docket.

17.3(1) Docket maintained. The authority shall maintain a current public rule-making docket.

17.3(2) Anticipated rule making. The rule-making docket shall list each anticipated rule-making proceeding. A rule-making proceeding is deemed "anticipated" from the time a draft of proposed rules is distributed for internal discussion within the authority. For each anticipated rule-making proceeding the docket shall contain a listing of the precise subject matter which may be submitted for consideration by the authority for subsequent proposal under the provisions of Iowa Code section 17A.4(1)"a," the name and address of authority personnel with whom persons may communicate with respect to the matter, and an indication of the present status within the authority of that possible rule. The authority may also include in the docket other subjects upon which public comment is desired.

17.3(3) Pending rule-making proceedings. The rule-making docket shall list each pending rule-making proceeding. A rule-making proceeding is pending from the time it is commenced, by publication in the Iowa Administrative Bulletin of a Notice of Intended Action pursuant to Iowa Code section 17A.4(1)"a," to the time it is terminated, by publication of a Notice of Termination in the Iowa Administrative Bulletin or the rule becoming effective. For each rule-making proceeding, the docket shall indicate:

a. The subject matter of the proposed rule;

b. A citation to all published notices relating to the proceeding;

c. Where written submissions on the proposed rule may be inspected;

d. The time during which written submissions may be made;

e. The names of persons who have made written requests for an opportunity to make oral presentations on the proposed rule, where those requests may be inspected, and where and when oral presentations may be made;

f. Whether a written request for the issuance of a regulatory analysis, or a concise statement of reasons, has been filed, whether such an analysis or statement or a fiscal impact statement has been issued, and where any such written request, analysis, or statement may be inspected;

g. The current status of the proposed rule and any authority determinations with respect thereto;

h. Any known timetable for authority decisions or other action in the proceeding;

i. The date of the rule's adoption;

j. The date of the rule's filing, indexing, and publication;

k. The date on which the rule will become effective; and

l. Where the rule-making record may be inspected.

265--17.4(17A) Notice of proposed rule making.

17.4(1) Contents. At least 35 days before the adoption of a rule the authority shall cause Notice of Intended Action to be published in the Iowa Administrative Bulletin. The Notice of Intended Action shall include:

a. A brief explanation of the purpose of the proposed rule;

b. The specific legal authority for the proposed rule;

c. Except to the extent impracticable, the text of the proposed rule;

d. Where, when, and how persons may present their views on the proposed rule; and

e. Where, when, and how persons may demand an oral proceeding on the proposed rule if the notice does not already provide for one.

Where inclusion of the complete text of a proposed rule in the Notice of Intended Action is impracticable, the authority shall include in the notice a statement fully describing the specific subject matter of the omitted portion of the text of the proposed rule, the specific issues to be addressed by that omitted text of the proposed rule, and the range of possible choices being considered by the authority for the resolution of each of those issues.

17.4(2) Incorporation by reference. A proposed rule may incorporate other materials by reference only if it complies with all of the requirements applicable to the incorporation by reference of other materials in an adopted rule that are contained in subrule 17.12(2) of this chapter.

17.4(3) Copies of notices. Persons desiring to receive copies of future Notices of Intended Action by subscription must file with the authority a written request indicating the name and address to which such notices should be sent. Within seven days after submission of a Notice of Intended Action to the administrative rules coordinator for publication in the Iowa Administrative Bulletin, the authority shall mail or electronically transmit a copy of that notice to subscribers who have filed a written request for either mailing or electronic transmittal with the authority for Notices of Intended Action. The written request shall be accompanied by payment of the subscription price which may cover the full cost of the subscription service, including its administrative overhead and the cost of copying and mailing the Notices of Intended Action for a period of six months.

265--17.5(17A) Public participation.

17.5(1) Written comments. For at least 20 days after publication of the Notice of Intended Action, persons may submit argument, data, and views, in writing, on the proposed rule. Such written submissions should identify the proposed rule to which they relate and should be submitted to the Executive Director, Iowa Finance Authority, 100 East Grand Avenue, Suite 250, Des Moines, Iowa 50309 or the person designated in the Notice of Intended Action.

17.5(2) Oral proceedings. The authority may, at any time, schedule an oral proceeding on a proposed rule. The authority shall schedule an oral proceeding on a proposed rule if, within 20 days after the published Notice of Intended Action, a written request for an opportunity to make oral presentations is submitted to the authority by the administrative rule review committee, a governmental subdivision, an agency, an association having not less than 25 members, or at least 25 persons. That request must also contain the following additional information:

1. A request by one or more individual persons must be signed by each of them and include the address and telephone number of each of them.

2. A request by an association must be signed by an officer or designee of the association and must contain a statement that the association has at least 25 members and the address and telephone number of the person signing that request.

3. A request by an agency or governmental subdivision must be signed by an official having authority to act on behalf of the entity and must contain the address and telephone number of the person signing that request.

17.5(3) Conduct of oral proceedings.

a. Applicability. This subrule applies only to those oral rule-making proceedings in which an opportunity to make oral presentations is authorized or required by Iowa Code section 17A.4(1)"b" as amended by 1998 Iowa Acts, chapter 1202, section 8, or this chapter.

b. Scheduling and notice. An oral proceeding on a proposed rule may be held in one or more locations and shall not be held earlier than 20 days after notice of its location and time is published in the Iowa Administrative Bulletin. That notice shall also identify the proposed rule by ARC number and citation to the Iowa Administrative Bulletin.

c. Presiding officer. The authority, a member of the authority, or another person designated by the authority who will be familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule. If the authority does not preside, the presiding officer shall prepare a memorandum for consideration by the authority summarizing the contents of the presentations made at the oral proceeding unless the authority determines that such a memorandum is unnecessary because the authority will personally listen to or read the entire transcript of the oral proceeding.

d. Conduct of proceeding. At an oral proceeding on a proposed rule, persons may make oral statements and make documentary and physical submissions, which may include data, views, comments or arguments concerning the proposed rule. Persons wishing to make oral presentations at such a proceeding are encouraged to notify the authority at least one business day prior to the proceeding and indicate the general subject of their presentations. At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer. Oral proceedings shall be open to the public and shall be recorded by stenographic or electronic means.

(1) At the beginning of the oral proceeding, the presiding officer shall give a brief synopsis of the proposed rule, a statement of the statutory authority for the proposed rule, and the reasons for the authority decision to propose the rule. The presiding officer may place time limitations on individual oral presentations when necessary to ensure the orderly and expeditious conduct of the oral proceeding. To encourage joint oral presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views.

(2) Persons making oral presentations are encouraged to avoid restating matters which have already been submitted in writing.

(3) To facilitate the exchange of information, the presiding officer may, where time permits, open the floor to questions or general discussion.

(4) The presiding officer shall have the authority to take any reasonable action necessary for the orderly conduct of the meeting.

(5) Physical and documentary submissions presented by participants in the oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the authority.

(6) The oral proceeding may be continued by the presiding officer to a later time without notice other than by announcement at the hearing.

(7) Participants in an oral proceeding shall not be required to take an oath or to submit to cross-examination. However, the presiding officer in an oral proceeding may question participants and permit the questioning of participants by other participants about any matter relating to that rule-making proceeding, including any prior written submissions made by those participants in that proceeding; but no participant shall be required to answer any question.

(8) The presiding officer in an oral proceeding may permit rebuttal statements and request the filing of written statements subsequent to the adjournment of the oral presentations.

17.5(4) Additional information. In addition to receiving written comments and oral presentations on a proposed rule according to the provisions of this rule, the authority may obtain information concerning a proposed rule through any other lawful means deemed appropriate under the circumstances.

17.5(5) Accessibility. The authority shall schedule oral proceedings in rooms accessible to and functional for persons with physical disabilities. Persons who have special requirements should contact the Executive Director, Iowa Finance Authority, 100 East Grand Avenue, Suite 250, Des Moines, Iowa 50309, telephone number (515)281-4058, in advance to arrange access or other needed services.

265--17.6(17A) Regulatory analysis.

17.6(1) Definition of small business. A "small business" is defined in 1998 Iowa Acts, chapter 1202, section 10(7).

17.6(2) Mailing list. Small businesses or organizations of small businesses may be registered on the authority's small business impact list by making a written application addressed to the Executive Director, Iowa Finance Authority, 100 East Grand Avenue, Suite 250, Des Moines, Iowa 50309. The application for registration shall state:

a. The name of the small business or organization of small businesses;

b. Its address;

c. The name of a person authorized to transact business for the applicant;

d. A description of the applicant's business or organization. An organization representing 25 or more persons who qualify as a small business shall indicate that fact.

e. Whether the registrant desires copies of Notices of Intended Action at cost, or desires advance notice of the subject of all or some specific category of proposed rule making affecting small business.

The authority may at any time request additional information from the applicant to determine whether the applicant is qualified as a small business or as an organization of 25 or more small businesses. The authority may periodically send a letter to each registered small business or organization of small businesses asking whether that business or organization wishes to remain on the registration list. The name of a small business or organization of small businesses will be removed from the list if a negative response is received, or if no response is received within 30 days after the letter is sent.

17.6(3) Time of mailing. Within seven days after submission of a Notice of Intended Action to the administrative rules coordinator for publication in the Iowa Administrative Bulletin, the authority shall mail to all registered small businesses or organizations of small businesses, in accordance with their request, either a copy of the Notice of Intended Action or notice of the subject of that proposed rule making. In the case of a rule that may have an impact on small business adopted in reliance upon Iowa Code section 17A.4(2), the authority shall mail notice of the adopted rule to registered businesses or organizations prior to the time the adopted rule is published in the Iowa Administrative Bulletin.

17.6(4) Qualified requesters for regulatory analysis--economic impact. The authority shall issue a regulatory analysis of a proposed rule that conforms to the requirements of 1998 Iowa Acts, chapter 1202, section 10(2a), after a proper request from:

a. The administrative rules coordinator;

b. The administrative rules review committee.

17.6(5) Qualified requesters for regulatory analysis--business impact. The authority shall issue a regulatory analysis of a proposed rule that conforms to the requirements of 1998 Iowa Acts, chapter 1202, section 10(2b), after a proper request from:

a. The administrative rules review committee;

b. The administrative rules coordinator;

c. At least 25 or more persons who sign the request provided that each represents a different small business;

d. An organization representing at least 25 small businesses. That organization shall list the name, address and telephone number of not less than 25 small businesses it represents.

17.6(6) Time period for analysis. Upon receipt of a timely request for a regulatory analysis the authority shall adhere to the time lines described in 1998 Iowa Acts, chapter 1202, section 10(4).

17.6(7) Contents of request. A request for a regulatory analysis is made when it is mailed or delivered to the authority. The request shall be in writing and satisfy the requirements of 1998 Iowa Acts, chapter 1202, section 10(1).

17.6(8) Contents of concise summary. The contents of the concise summary shall conform to the requirements of 1998 Iowa Acts, chapter 1202, section 10(4,5).

17.6(9) Publication of a concise summary. The authority shall make available, to the maximum extent feasible, copies of the published summary in conformance with 1998 Iowa Acts, chapter 1202, section 10(5).

17.6(10) Regulatory analysis contents--rules review committee or rules coordinator. When a regulatory analysis is issued in response to a written request from the administrative rules review committee, or the administrative rules coordinator, the regulatory analysis shall conform to the requirements of 1998 Iowa Acts, chapter 1202, section 10(2a), unless a written request expressly waives one or more of the items listed in the section.

17.6(11) Regulatory analysis contents--substantial impact on small business. When a regulatory analysis is issued in response to a written request from the administrative rules review committee, the administrative rules coordinator, at least 25 persons signing that request who each qualify as a small business or by an organization representing at least 25 small businesses, the regulatory analysis shall conform to the requirements of 1998 Iowa Acts, chapter 1202, section 10(2b).

265--17.7(17A,25B) Fiscal impact statement.

17.7(1) A proposed rule that mandates additional combined expenditures exceeding $100,000 by all affected political subdivisions, or agencies and entities which contract with political subdivisions to provide services must be accompanied by a fiscal impact statement outlining the costs associated with the rule. A fiscal impact statement must satisfy the requirements of Iowa Code section 25B.6.

17.7(2) If the authority determines at the time it adopts a rule that the fiscal impact statement upon which the rule is based contains errors, the authority shall, at the same time, issue a corrected fiscal impact statement and publish the corrected fiscal impact statement in the Iowa Administrative Bulletin.

265--17.8(17A) Time and manner of rule adoption.

17.8(1) Time of adoption. The authority shall not adopt a rule until the period for making written submissions and oral presentations has expired. Within 180 days after the later of the publication of the Notice of Intended Action, or the end of oral proceedings thereon, the authority shall adopt a rule pursuant to the rule-making proceeding or terminate the proceeding by publication of a notice to that effect in the Iowa Administrative Bulletin.

17.8(2) Consideration of public comment. Before the adoption of a rule, the authority shall consider fully all of the written submissions and oral submissions received in that rule-making proceeding or any memorandum summarizing such oral submissions, and any regulatory analysis, or fiscal impact statement issued in that rule-making proceeding.

17.8(3) Reliance on authority expertise. Except as otherwise provided by law, the authority may use its own experience, technical competence, specialized knowledge, and judgment in the adoption of a rule.

265--17.9(17A) Variance between adopted rule and published notice of proposed rule adoption.

17.9(1) The authority shall not adopt a rule that differs from the rule proposed in the Notice of Intended Action on which the rule is based unless:

a. The differences are within the scope of the subject matter announced in the Notice of Intended Action and are in character with the issues raised in that notice; and

b. The differences are a logical outgrowth of the contents of that Notice of Intended Action and the comments submitted in response thereto; and

c. The Notice of Intended Action provided fair warning that the outcome of that rule-making proceeding could be the rule in question.

17.9(2) In determining whether the Notice of Intended Action provided fair warning that the outcome of that rule-making proceeding could be the rule in question, the authority shall consider the following factors:

a. The extent to which persons who will be affected by the rule should have understood that the rule-making proceeding on which it is based could affect their interests;

b. The extent to which the subject matter of the rule or the issues determined by the rule are different from the subject matter or issues contained in the Notice of Intended Action; and

c. The extent to which the effects of the rule differ from the effects of the proposed rule contained in the Notice of Intended Action.

17.9(3) The authority shall commence a rule-making proceeding within 60 days of its receipt of a petition for rule making seeking the amendment or repeal of a rule that differs from the proposed rule contained in the Notice of Intended Action upon which the rule is based, unless the authority finds that the differences between the adopted rule and the proposed rule are so insubstantial as to make such a rule-making proceeding wholly unnecessary. A copy of any such finding and the petition to which it responds shall be sent to petitioner, the administrative rules coordinator, and the administrative rules review committee, within 3 days of its issuance.

17.9(4) Concurrent rule-making proceedings. Nothing in this rule disturbs the discretion of the authority to initiate, concurrently, several different rule-making proceedings on the same subject with several different published Notices of Intended Action.

265--17.10(17A) Exemptions from public rule-making procedures.

17.10(1) Omission of notice and comment. To the extent the authority for good cause finds that public notice and participation are unnecessary, impracticable, or contrary to the public interest in the process of adopting a particular rule, the authority may adopt that rule without publishing advance Notice of Intended Action in the Iowa Administrative Bulletin and without providing for written or oral public submissions prior to its adoption. The authority shall incorporate the required finding and a brief statement of its supporting reasons in each rule adopted in reliance upon this subrule.

17.10(2) Categories exempt. The following narrowly tailored categories of rules are exempted from the usual public notice and participation requirements because those requirements are unnecessary, impracticable, or contrary to the public interest with respect to each and every member of the defined class:

a. Emergency housing assistance in the event of a disaster.

b. Conduit financing to aid victims of a disaster.

17.10(3) Public proceedings on rules adopted without them. The authority may, at any time, commence a standard rule-making proceeding for the adoption of a rule that is identical or similar to a rule it adopts in reliance upon subrule 17.10(1). Upon written petition by a governmental subdivision, the administrative rules review committee, the administrative rules coordinator, an association having not less than 25 members, or at least 25 persons, the authority shall commence a standard rule-making proceeding for any rule specified in the petition that was adopted in reliance upon subrule 17.10(1). Such a petition must be filed within one year of the publication of the specified rule in the Iowa Administrative Bulletin as an adopted rule. The rule-making proceeding on that rule must be commenced within 60 days of the receipt of such a petition. After a standard rule-making proceeding commenced pursuant to this subrule, the authority may either readopt the rule it adopted without benefit of all usual procedures on the basis of subrule 17.10(1), or may take any other lawful action, including the amendment or repeal of the rule in question, with whatever further proceedings are appropriate.

265--17.11(17A) Concise statement of reasons.

17.11(1) General. When requested by a person, either prior to the adoption of a rule or within 30 days after its publication in the Iowa Administrative Bulletin as an adopted rule, the authority shall issue a concise statement of reasons for the rule. Requests for such a statement must be in writing and be delivered to the Executive Director, Iowa Finance Authority, 100 East Grand Avenue, Suite 250, Des Moines, Iowa 50309. The request should indicate whether the statement is sought for all or only a specified part of the rule. Requests will be considered made on the date received.

17.11(2) Contents. The concise statement of reasons shall contain:

a. The reasons for adopting the rule;

b. An indication of any change between the text of the proposed rule contained in the published Notice of Intended Action and the text of the rule as finally adopted, with the reasons for any such change;

c. The principal reasons urged in the rule-making proceeding for and against the rule, and the authority's reasons for overruling the arguments made against the rule.

17.11(3) Time of issuance. After a proper request, the authority shall issue a concise statement of reasons by the later of the time the rule is adopted or 35 days after receipt of the request.

265--17.12(17A) Contents, style, and form of rule.

17.12(1) Contents. Each rule adopted by the authority shall contain the text of the rule and, in addition:

a. The date the authority adopted the rule;

b. A brief explanation of the principal reasons for the rule-making action if such reasons are required by 1998 Iowa Acts, chapter 1202, section 8, or if the authority in its discretion decides to include such reasons;

c. A reference to all rules repealed, amended, or suspended by the rule;

d. A reference to the specific statutory or other authority authorizing adoption of the rule;

e. Any findings required by any provision of law as a prerequisite to adoption or effectiveness of the rule;

f. A brief explanation of the principal reasons for the failure to provide for waivers to the rule if no waiver provision is included and a brief explanation of any waiver or special exceptions provided in the rule if such reasons are required by 1998 Iowa Acts, chapter 1202, section 8, or the authority in its discretion decides to include such reasons; and

g. The effective date of the rule.

17.12(2) Incorporation by reference. The authority may incorporate by reference in a proposed or adopted rule, and without causing publication of the incorporated matter in full, all or any part of a code, standard, rule, or other matter if the authority finds that the incorporation of its text in the authority proposed or adopted rule would be unduly cumbersome, expensive, or otherwise inexpedient. The reference in the authority proposed or adopted rule shall fully and precisely identify the incorporated matter by location, title, citation, date, and edition, if any; shall briefly indicate the precise subject and the general contents of the incorporated matter; and shall state that the proposed or adopted rule does not include any later amendments or editions of the incorporated matter. The authority may incorporate such matter by reference in a proposed or adopted rule only if the authority makes copies of it readily available to the public. The rule shall state how and where copies of the incorporated matter may be obtained at cost from this authority, and how and where copies may be obtained from the agency of the United States, this state, another state, or the organization, association, or persons, originally issuing that matter. The authority shall retain permanently a copy of any materials incorporated by reference in a rule of the authority.

If the authority adopts standards by reference to another publication, it shall provide a copy of the publication containing the standards to the administrative rules coordinator for deposit in the state law library and may make the standards available electronically.

17.12(3) References to materials not published in full. When the administrative code editor decides to omit the full text of a proposed or adopted rule because publication of the full text would be unduly cumbersome, expensive, or otherwise inexpedient, the authority shall prepare and submit to the administrative code editor for inclusion in the Iowa Administrative Bulletin and Iowa Administrative Code a summary statement describing the specific subject matter of the omitted material. This summary statement shall include the title and a brief description sufficient to inform the public of the specific nature and subject matter of the proposed or adopted rules, and of significant issues involved in these rules. The summary statement shall also describe how a copy of the full text of the proposed or adopted rule, including any unpublished matter and any matter incorporated by reference, may be obtained from the authority. The authority will provide a copy of that full text at actual cost upon request and shall make copies of the full text available for review at the state law library and may make the standards available electronically.

At the request of the administrative code editor, the authority shall provide a proposed statement explaining why publication of the full text would be unduly cumbersome, expensive, or otherwise inexpedient.

17.12(4) Style and form. In preparing its rules, the authority shall follow the uniform numbering system, form, and style prescribed by the administrative rules coordinator.

265--17.13(17A) Authority rule-making record.

17.13(1) Requirement. The authority shall maintain an official rule-making record for each rule it proposes by publication in the Iowa Administrative Bulletin of a Notice of Intended Action, or adopts. The rule-making record and materials incorporated by reference must be available for public inspection.

17.13(2) Contents. The authority rule-making record shall contain:

a. Copies of all publications in the Iowa Administrative Bulletin with respect to the rule or the proceeding upon which the rule is based and any file-stamped copies of authority submissions to the administrative rules coordinator concerning that rule or the proceeding upon which it is based;

b. Copies of any portions of the authority's public rule-making docket containing entries relating to the rule or the proceeding upon which the rule is based;

c. All written petitions, requests, and submissions received by the authority, and all other written materials of a factual nature as distinguished from opinion that are relevant to the merits of the rule and that were created or compiled by the authority and considered by the authority, in connection with the formulation, proposal, or adoption of the rule or the proceeding upon which the rule is based, except to the extent the authority is authorized by law to keep them confidential; provided, however, that when any such materials are deleted because they are authorized by law to be kept confidential, the authority shall identify in the record the particular materials deleted and state the reasons for that deletion;

d. Any official transcript of oral presentations made in the proceeding upon which the rule is based or, if not transcribed, the stenographic record or electronic recording of those presentations, and any memorandum prepared by a presiding officer summarizing the contents of those presentations;

e. A copy of any regulatory analysis or fiscal impact statement prepared for the proceeding upon which the rule is based;

f. A copy of the rule and any concise statement of reasons prepared for that rule;

g. All petitions for amendment or repeal or suspension of the rule;

h. A copy of any objection to the issuance of that rule without public notice and participation that was filed pursuant to Iowa Code section 17A.4(2) by the administrative rules review committee, the governor, or the attorney general;

i. A copy of any objection to the rule filed by the administrative rules review committee, the governor, or the attorney general pursuant to Iowa Code section 17A.4(4), and any authority response to that objection;

j. A copy of any significant written criticism of the rule, including a summary of any petitions for waiver of the rule; and

k. A copy of any executive order concerning the rule.

17.13(3) Effect of record. Except as otherwise required by a provision of law, the authority rule-making record required by this rule need not constitute the exclusive basis for authority action on that rule.

17.13(4) Maintenance of record. The authority shall maintain the rule-making record for a period of not less than five years from the later of the date the rule to which it pertains became effective, the date of the Notice of Intended Action, or the date of any written criticism as described in 17.13(2)"g," "h," "i," or "j."

265--17.14(17A) Filing of rules. The authority shall file each rule it adopts in the office of the administrative rules coordinator. The filing must be executed as soon after adoption of the rule as is practicable. At the time of filing, each rule must have attached to it any fiscal impact statement and any concise statement of reasons that was issued with respect to that rule. If a fiscal impact statement or statement of reasons for that rule was not issued until a time subsequent to the filing of that rule, the note or statement must be attached to the filed rule within five working days after the note or statement is issued. In filing a rule, the authority shall use the standard form prescribed by the administrative rules coordinator.

265--17.15(17A) Effectiveness of rules prior to publication.

17.15(1) Grounds. The authority may make a rule effective after its filing at any stated time prior to 35 days after its indexing and publication in the Iowa Administrative Bulletin if it finds that a statute so provides, the rule confers a benefit or removes a restriction on some segment of the public, or that the effective date of the rule is necessary to avoid imminent peril to the public health, safety, or welfare. The authority shall incorporate the required finding and a brief statement of its supporting reasons in each rule adopted in reliance upon this subrule.

17.15(2) Special notice. When the authority makes a rule effective prior to its indexing and publication in reliance upon the provisions of Iowa Code section 17A.5(2)"b"(3), the authority shall employ all reasonable efforts to make its contents known to the persons who may be affected by that rule prior to the rule's indexing and publication. The term "all reasonable efforts" requires the authority to employ the most effective and prompt means of notice rationally calculated to inform potentially affected parties of the effectiveness of the rule that is justified and practical under the circumstances considering the various alternatives available for this purpose, the comparative costs to the authority of utilizing each of those alternatives, and the harm suffered by affected persons from any lack of notice concerning the contents of the rule prior to its indexing and publication. The means that may be used for providing notice of such rules prior to their indexing and publication include, but are not limited to, any one or more of the following means: radio, newspaper, television, signs, mail, telephone, personal notice or electronic means.

A rule made effective prior to its indexing and publication, in reliance upon the provisions of Iowa Code section 17A.5(2)"b"(3), shall include in that rule a statement describing the reasonable efforts that will be used to comply with the requirements of subrule 17.15(2).

265--17.16(17A) General statements of policy.

17.16(1) Compilation, indexing, public inspection. The authority shall maintain an official, current, and dated compilation that is indexed by subject, containing all of its general statements of policy within the scope of Iowa Code section 17A.2(10)"a," "c," "f," "g," "h," "k." Each addition to, change in, or deletion from the official compilation must also be dated, indexed, and a record thereof kept. Except for those portions containing rules governed by Iowa Code section 17A.2(10)"f," or otherwise authorized by law to be kept confidential, the compilation must be made available for public inspection and copying.

17.16(2) Enforcement of requirements. A general statement of policy subject to the requirements of this subsection shall not be relied on by the authority to the detriment of any person who does not have actual, timely knowledge of the contents of the statement until the requirements of subrule 17.16(1) are satisfied. This provision is inapplicable to the extent necessary to avoid imminent peril to the public health, safety, or welfare.

265--17.17(17A) Review by authority of rules.

17.17(1) Any interested person, association, agency, or political subdivision may submit a written request to the administrative rules coordinator requesting the authority to conduct a formal review of a specified rule. Upon approval of that request by the administrative rules coordinator, the authority shall conduct a formal review of a specified rule to determine whether a new rule should be adopted instead or the rule should be amended or repealed. The authority may refuse to conduct a review if it has conducted such a review of the specified rule within five years prior to the filing of the written request.

17.17(2) In conducting the formal review, the authority shall prepare within a reasonable time a written report summarizing its findings, its supporting reasons, and any proposed course of action. The report must include a concise statement of the authority's findings regarding the rule's effectiveness in achieving its objectives, including a summary of any available supporting data. The report shall also concisely describe significant written criticisms of the rule received during the previous five years, including a summary of any petitions for waiver of the rule received by the authority or granted by the authority. The report shall describe alternative solutions to resolve the criticisms of the rule, the reasons any were rejected, and any changes made in the rule in response to the criticisms as well as the reasons for the changes. A copy of the authority's report shall be sent to the administrative rules review committee and the administrative rules coordinator. The report must also be available for public inspection.

These rules are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202.

ARC 8924A

NATURAL RESOURCES DEPARTMENT[561]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 455A.4, the Director of the Department of Natural Resources hereby gives Notice of Intended Action to rescind Chapter 4, "Agency Procedure for Rule Making," amend Chapter 5, "Petitions for Rule Making," rescind Chapter 6, "Declaratory Rulings," and adopt new Chapter 4, "Agency Procedure for Rule Making," and Chapter 6, "Declaratory Orders," Iowa Administrative Code.

The purpose of these amendments is to adopt the new uniform rules and to allow the Department's rules to conform to the recent changes in the Iowa Administrative Procedure Act, Iowa Code chapter 17A, which are found at 1998 Iowa Acts, chapter 1202 (House File 667). This rule making will also make minor changes to Chapter 5, "Petitions for Rule Making," in order to update addresses within the chapter.

The Department's intention is to adopt the uniform rules or parts thereof as necessary to comply with the changes to the Iowa Administrative Procedure Act. The Department is an "umbrella" agency and these changes will be made applicable to all parts of this umbrella agency in concurrent or subsequent rule-making actions by the Director for the Energy and Geological Resources Division[565], by the Environmental Protection Commission[567], by the Natural Resource Commission[571], and by the State Advisory Board for Preserves [575].

Any interested person may make written suggestions or comments on the proposed amendments on or before May 11, 1999. Written comments should be directed to Anne Preziosi, Department of Natural Resources, Air Quality Bureau, 7900 Hickman Road, Urbandale, Iowa 50322; telephone (515)281-6243; fax (515)242-5094. Requests for a public hearing regarding this rule making must be submitted in writing to the above address on or before May 11, 1999.

These rules are intended to implement Iowa Code section 455A.4.

The following amendments are proposed.

ITEM 1. Rescind 561--Chapter 4 and adopt the following new chapter in lieu thereof:

CHAPTER 4
AGENCY PROCEDURE FOR RULE MAKING

The department of natural resources hereby adopts the agency procedure for rule making segment of the Uniform Administrative Rules printed in the first volume of the Iowa Administrative Code, with the following amendments:

561--4.3(17A) Public rule-making docket. In lieu of the words "(commission, board, council, director)", insert "director".

561--4.4(17A) Notice of proposed rule making.

4.4(3) Copies of notices. In lieu of the words "(specify time period)", insert "one fiscal year (July 1 to June 30)". Also, add the following new sentence: "Subscriptions must be renewed annually by June 15."

561--4.5(17A) Public participation.

4.5(1) Written comments. In lieu of the words "(identify office and address)", insert "Compliance and Enforcement Bureau, Environmental Protection Division, Department of Natural Resources, Wallace State Office Building, 900 East Grand Avenue, Des Moines, Iowa 50319".

4.5(5) Accessibility. In lieu of the words "(identify office and telephone number)", insert "the director's office, department of natural resources, (515)281-5385".

561--4.6(17A) Regulatory analysis.

4.6(2) Mailing list. In lieu of the words "(designate office)", insert "Compliance and Enforcement Bureau, Environmental Protection Division, Department of Natural Resources, Wallace State Office Building, 900 East Grand Avenue, Des Moines, Iowa 50319".

561--4.10(17A) Exemptions from public rule-making procedures.

4.10(2) Categories exempt. In lieu of the words "(List here narrowly drawn classes of rules where such an exemption is justified and a brief statement of the reasons for exempting each of them.)", insert "The only narrowly tailored rules at this time are those specified in rule 567-- 62.2(455B)."

561--4.11(17A) Concise statement of reasons.

4.11(1) General. In lieu of the words "(specify the office and address)", insert "Compliance and Enforcement Bureau, Environmental Protection Division, Department of Natural Resources, Wallace State Office Building, 900 East Grand Avenue, Des Moines, Iowa 50319".

561--4.13(17A) Agency rule-making record.

4.13(2) Contents.

a. In lieu of the words "Copies of", insert "Reference to".

ITEM 2. Amend rule 561--5.1(17A) as follows:

561--5.1(17A) Petition for rule making. In lieu of the words "(designate office)", insert "~~Government Liaison Bureau, Coordination and Information Division,~~ Compliance and Enforcement Bureau, Environmental Protection Division, Department of Natural Resources, 900 East Grand Avenue, Des Moines, Iowa 50319-0034, telephone (515)281-8941". Also, in lieu of the words "(AGENCY NAME)", insert "Department of Natural Resources".

ITEM 3. Amend rule 561--5.3(17A) as follows:

561--5.3(17A) Inquiries. In lieu of the words "(designate official by full title and address)", insert "~~Government Liaison Bureau, Coordination and Information Division,~~ Bureau Chief, Compliance and Enforcement Bureau, Environmental Protection Division, Department of Natural Resources, Des Moines, Iowa 50319-0034, telephone (515)281-8941".

ITEM 4. Rescind 561--Chapter 6, "Declaratory Rulings," and adopt the following new chapter in lieu thereof:

CHAPTER 6
DECLARATORY ORDERS

The department of natural resources hereby adopts the declaratory orders segment of the Uniform Administrative Rules printed in the first volume of the Iowa Administrative Code, with the following amendments:

561--6.1(17A) Petition for declaratory order. In lieu of the words "(designate agency)", insert "department of natural resources". In lieu of the words "(designate office)", insert "director's office, department of natural resources". In lieu of the words "(AGENCY NAME)", the heading of the petition should read:

BEFORE THE
DEPARTMENT OF NATURAL RESOURCES

561--6.2(17A) Notice of petition. In lieu of "___ days (15 or less)", insert "15 days". In lieu of the words "(designate agency)", insert "department of natural resources".

561--6.3(17A) Intervention.

6.3(1) In lieu of "___ days", insert "20 days".

6.3(2) In lieu of the words "(designate agency)", insert "department of natural resources".

6.3(3) In lieu of the words "(designate office)", insert "director's office, department of natural resources". In lieu of the words "(designate agency)", insert "department". In lieu of the words "(AGENCY NAME)", the heading of the petition should read:

BEFORE THE
DEPARTMENT OF NATURAL RESOURCES

561--6.4(17A) Briefs. In lieu of the words "(designate agency)", insert "department".

561--6.5(17A) Inquiries. In lieu of the words "(designate official by full title and address)", insert "Bureau Chief, Compliance and Enforcement Bureau, Environmental Protection Division, Department of Natural Resources, 900 East Grand Avenue, Des Moines, Iowa 50319".

561--6.6(17A) Service and filing of petitions and other papers.

6.6(2) Filing--when required. In lieu of the words "(specify office and address)", insert "Director's Office, Department of Natural Resources, 900 East Grand Avenue, Des Moines, Iowa 50319-0034". In lieu of the words "(agency name)", insert "department of natural resources".

561--6.7(17A) Consideration. In lieu of the words "(designate agency)", insert "department of natural resources". Add the following new paragraphs:

A ruling, including a refusal to rule, issued by the director is final unless the issue is within the rule-making authority of one of the department's commissions in which case the ruling or refusal is final unless appealed to the commission within ten days of receipt by the petitioner or reviewed by the commission on its own motion. On appeal or review, the commission may:

1. Approve the director's ruling, in which case the ruling becomes the final declaratory ruling of the department, or

2. Reverse or modify the declaratory ruling, in which case the modified ruling becomes the final declaratory ruling of the department, or

3. Request additional information from the petitioner, or

4. Decline to issue a ruling, as specified in rule 6.5(17A).

The commission's ruling or refusal to rule shall be made within a reasonable time and shall be sent by certified mail to the petitioner upon issuance.

561--6.8(17A) Action on petition. In lieu of the words "(designate agency head)", insert "director".

561--6.9(17A) Refusal to issue order. In lieu of the words "(designate agency)", insert "department of natural resources".

561--6.12(17A) Effect of a declaratory order. In lieu of the words "(designate agency)", insert "department of natural resources".

ARC 8928A

PUBLIC SAFETY DEPARTMENT[661]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 100.35, the Department of Public Safety hereby gives Notice of Intended Action to amend Chapter 5, "State Fire Marshal," Iowa Administrative Code.

This amendment clarifies that fire safety requirements for small group homes specified in rule 661--5.620(100) apply to facilities licensed by the Department of Inspections and Appeals under a special classification established pursuant to Iowa Code section 135C.2 for small group homes which serve persons with mental retardation, chronic mental illness, developmental disabilities, or brain injuries. This language is taken directly from Iowa Code section 135C.2, subsection 5, and replaces language that refers to individuals who are infirm, convalescent, or mentally or physically dependent. This change is being made to make the rule directly congruent with the language of the statute, in order to minimize any potential confusion regarding the applicability of the rule.

A public hearing on this proposed amendment will be held on May 17, 1999, at 9:30 a.m., in the Third Floor Conference Room of the Wallace State Office Building, 900 East Grand, Des Moines, Iowa 50319. Persons may present their views orally or in writing at the public hearing. Persons who wish to make oral presentations at the public hearing should contact the Plans and Research Bureau, Department of Public Safety, Wallace State Office Building, Des Moines, Iowa 50319, by telephone at (515)281-5524, or by electronic mail to admrule@dps.state.ia.us, at least one day prior to the public hearing. Any written comments or information regarding this proposed amendment may be directed to the Plans and Research Bureau by mail or electronic mail at the addresses indicated, or may be submitted at the public hearing. Persons who wish to convey their views orally other than at the public hearing may contact the Plans and Research Bureau by telephone or in person at the Bureau office at least one day prior to the public hearing.

This amendment is intended to implement Iowa Code section 135C.2.

The following amendment is proposed.

Rescind subrule 5.620(1) and adopt the following new subrule:

5.620(1) Scope. This rule applies to specialized licensed facilities licensed under the provisions of Iowa Code section 135C.2 having three to five beds and serving persons with mental retardation, chronic mental illness, developmental disabilities, or brain injuries.

ARC 8929A

PUBLIC SAFETY DEPARTMENT[661]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 100.35, the Department of Public Safety hereby gives Notice of Intended Action to amend Chapter 5, "State Fire Marshal," Iowa Administrative Code.

These amendments will provide a new framework for ensuring fire safety in school and college buildings whose plans will be approved after these changes take effect. The Life Safety Code, with certain amendments, is adopted as the basic framework for fire safety requirements in construction of new and remodeled school buildings (Item 17) and college buildings (Item 32). In Item 1, new buildings are defined as those for which plans receive approval from the State Fire Marshal on or after August 1, 1999. This date may be adjusted depending upon when the adopted amendments are filed. Other amendments clarify the continued applicability of the current fire safety rules for school and college buildings to existing school and college buildings and contain coordinating language.

A public hearing on these proposed amendments will be held on May 17, 1999, at 9 a.m. in the Third Floor Conference Room of the Wallace State Office Building, 900 East Grand Avenue, Des Moines, Iowa. Persons may present their views orally or in writing at the public hearing. Persons who wish to make oral presentations at the public hearing should contact the Plans and Research Bureau, Department of Public Safety, Wallace State Office Building, Des Moines, Iowa 50319 by mail, by telephone at (515)281-5524, or by electronic mail to admrule@dps.state.ia.us, at least one day prior to the public hearing. Any written comments or information regarding these proposed amendments may be directed to the Plans and Research Bureau by mail or electronic mail at the addresses indicated, or submitted at the public hearing. Persons who wish to convey their views orally other than at the public hearing may contact the Plans and Research Bureau by telephone or in person at the Bureau office at least one day prior to the public hearing.

These amendments are intended to implement Iowa Code section 100.35.

The following amendments are proposed.

ITEM 1. Amend rule 661--5.650(100) as follows:

Amend the catchwords as follows:

661--5.650(100) General requirements and definitions.

Amend subrule 5.650(1) as follows:

5.650(1) Every building or structure~~, new or old,~~ designed for school or college occupancy shall be provided with exits sufficient to permit the prompt escape of students and teachers in case of fire or other emergency. The design of exits and other safeguards shall be such that reliance for safety to life in case of fire or other emergencies will not depend solely on any single safeguard; additional safeguards shall be provided for life safety in case any single safeguard is ineffective due to some human or mechanical failure.

Amend subrule 5.650(5) as follows:

5.650(5) All changes or alterations to be made in any school or college building~~, whether new or existing,~~ shall conform with the applicable provisions of ~~these~~ rules 661-- 5.650(100) to 661--5.799 and before any construction of new or additional installation is undertaken, drawings and specifications thereof made to scale shall be submitted to the state fire marshal~~, in duplicate,~~ for approval. Within a reasonable time (normally ten working days) after receipt of the drawings and specifications, the state fire marshal shall cause the same to be examined and if they conform as submitted or modified with the requirements of this division, the state fire marshal shall signify approval of the application either by endorsement thereon or by attachment thereto~~, retain one copy for the files and return to the applicant the other copy plus any additional copies submitted by the applicant~~. If the drawings and specifications do not conform with applicable requirements of this division the state fire marshal shall notify the applicant accordingly.

Adopt the following new subrules:

5.650(8) Drills. Each school and college shall conduct fire and tornado drills as required by Iowa Code section 100.31. Each school or college shall conduct four fire and four tornado drills yearly while school is in session, with two drills of each type between July 1 and December 31 and two drills of each type between January 1 and June 30. All drills shall be documented and such documentation shall be made available to the state fire marshal or other authorized person conducting a fire safety inspection of the school or college.

5.650(9) Definitions. The following definitions apply to rules 661--5.650(100) to 661--5.799.

Approved. Approved is defined as being acceptable to the state fire marshal. Any equipment or device which bears the seal of the Underwriters Laboratories, Inc., Factory Mutual Laboratory, American Standards Association, or the American Gas Association shall be accepted as approved.

Basement. A usable or unused floor space not meeting the definition of a story or first story.

Classroom. Any room originally designed, or later suitably adapted to accommodate some form of group instruction on a day-by-day basis, excluding such areas as auditoriums, gymnasiums, lunchrooms, libraries, multipurpose rooms, study halls and similar areas. Storage and other service areas opening into and serving as an adjunct to a particular classroom shall be considered as part of that classroom area.

College building. For the purpose of these rules, college buildings are those used for instruction of levels higher than grade 12 by six or more persons for four or more hours per day or more than 12 hours per week and which are not school buildings.

Elementary school. An elementary school shall be those buildings that include prekindergarten through sixth grade.

Existing. Existing shall mean any school or college building or addition in use prior to August 1, 1999, or for which plans have received approval from the state fire marshal prior to August 1, 1999, other than buildings which received approval to proceed with construction using the Life Safety Code with amendments as the basis for fire safety prior to August 1, 1999.

Exit. An exit is a way to get from the interior of a building or structure to the open air outside at the ground level. It may comprise vertical and horizontal means of travel such as doorways, stairways, ramps, corridors, passageways and fire escapes. An exit begins at any doorway or other point from which occupants may proceed to the exterior of the building or structure with reasonable safety under emergency conditions.

Fire alarm system. A fire alarm system shall be an electrically energized system approved by the state fire marshal, using component parts approved by the Underwriters Laboratories, Inc., and providing facilities of a type to warn the occupants of an existence of fire so that they may escape or to facilitate the orderly conduct of fire exit drills.

First story. The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than 4 feet below grade, as defined herein, for more than 50 percent of the total perimeter, or not more than 8 feet below grade, as defined herein, at any point.

Interior finish. See Table No. 5-C following 661-- 5.105(100).

Level of exit discharge. The level or levels with direct access to grade which do not involve the use of stairs or ramps. The level with the fewest steps shall be the level of exit discharge when no level exists directly to grade. In the event of a dispute, the state fire marshal shall determine which level is the level of exit discharge.

New construction. Those buildings for which plans receive approval from the state fire marshal on or after August 1, 1999, or for which approval was granted by the fire marshal to proceed with construction using the Life Safety Code with amendments prior to August 1, 1999. New construction includes additions to, renovations of, and reconstruction of existing buildings.

NFPA. NFPA means the National Fire Protection Association, Batterymarch Park, Quincy, MA 02269. Reference to NFPA standards, pamphlets, and appendices are to publications of the National Fire Protection Association.

Portable classroom building. A building designed and constructed so that it can be disassembled and transported to another location, or transported to another location without disassembling.

School buildings. For the purpose of these rules, school buildings are those used as a gathering of groups of six or more persons for more than 12 hours per week or 4 hours in any one day for the purpose of instruction in prekindergarten through the twelfth grade. These occupancies are distinguished from other types of occupancies in that the same occupants are regularly present and are subject to discipline and control. School occupancies include: schools, academies, and kindergartens.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than 6 feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such usable or unused underfloor space shall be considered as a story.

ITEM 2. Rescind rule 661--5.651(100) and adopt in lieu thereof the following:

EXISTING SCHOOL BUILDINGS

661--5.651(100) Application. Rules 661--5.651(100) to 661--5.667(100) apply to existing school buildings.

ITEM 3. Amend rule 661--5.652(100) as follows:

Amend the catchwords as follows:

661--5.652(100) Exits and occupancy load.

Amend subrule 5.652(1), introductory paragraph, as follows:

5.652(1) The ~~population of all school buildings, for the purpose of determining the required exits and the required space for classroom use~~ occupancy load shall be determined on the following basis:

Amend subrule 5.652(2) as follows:

5.652(2) Exits shall be provided of kinds, numbers, locations, and capacity appropriate to the individual building and as required in Table No. 5-A following rule 661-- 5.105(100).

Amend subrule 5.652(5) as follows:

5.652(5) ~~In all school buildings where~~ Where artificial illumination is needed, electric exit signs or directional indicators shall be installed and adequate lighting provided for all corridors and passageways.

Amend subrule 5.652(10) as follows:

5.652(10) ~~In new construction, rooms~~ Rooms normally occupied by preschool, kindergarten or first grade pupils shall not be located above or below the level of exit discharge. Rooms normally occupied by second grade pupils shall not be located more than one story above the level of exit discharge. ~~This subrule shall be effective for all existing buildings by July 1, 1993.~~

ITEM 4. Amend rule 661--5.653(100) as follows:

Amend subrule 5.653(2) as follows:

5.653(2) Open clothing storage ~~in existing buildings~~.

a. ~~In existing buildings, where~~ Where clothes are hung exposed in exit corridors, they shall be separated by partitions of sheet metal or equivalent material. Partitions shall be placed at 6-foot intervals, be a minimum of 18 inches in depth, extend at least 1 foot above the coat hooks and within 8 inches of the floor.

b. Where open clothing is hung in exit corridors as described ~~above ,~~ in paragraph "a," an automatic fire detection system shall be installed in the corridor. Sprinkler systems may be installed in lieu of the automatic detection system.

Rescind subrule 5.653(3).

ITEM 5. Amend subrule 661--5.654(100) as follows:

Amend subrule 5.654(1) as follows:

5.654(1) ~~The~~ Building entrance and exit doors ~~of all school buildings~~ and the doors of all classrooms shall open outward.

Amend subrule 5.654(6) as follows:

5.654(6) Classroom doors.

a. Classroom ~~doors, in new construction, shall be 36 inches wide. In existing buildings,~~ doors of not less than 30 inches in width may be used. Replacement doors ~~Doors~~ must be a minimum of 1¾-inch solid core wood.

b. School buildings designed without doors to classrooms shall meet the requirements of rule 661--5.667(100).

ITEM 6. Amend subrule 5.655(2) as follows:

5.655(2) Emergency rescue or ventilation.

a. ~~In new construction, every~~ Every room or space used for classroom or other educational purposes or subject to normally scheduled student occupancy shall have at least one outside window for emergency rescue or ventilation. Such window shall be openable from the inside without the use of tools and provide a clear opening of not less than 20 inches in width, 24 inches in height and 5.7 square feet in area. The bottom of the opening shall be not more than 44 inches above the floor.

EXCEPTION 1: Buildings protected throughout by an approved automatic sprinkler system.

EXCEPTION 2: Rooms or spaces that have a door leading directly to the outside of the building.

~~EXCEPTION 3: Fire-resistive or noncombustible buildings protected throughout by a complete automatic fire detection system.~~

~~b. The requirements of 5.655(2)"a" shall be effective for all existing school buildings by July 1, 1993.~~

EXCEPTION 1 3: Existing awning or hopper-type windows with a clear opening of 600 square inches may be continued in use.

EXCEPTION 2 4: Doors that allow travel between adjacent classrooms and, when used to travel from classroom to classroom, provide direct access to exits in both directions or direct access to an exit in one direction and to a separate smoke compartment that provides access to another exit in the other direction.

EXCEPTION 3 5: Buildings protected by an approved automatic fire detection system.

b. Reserved.

ITEM 7. Amend rule 661--5.656(100) as follows:

Amend subrule 5.656(2) as follows:

5.656(2) In ~~existing~~ buildings of two stories with no basement, where such buildings are fire-resistive construction throughout, or fire-resistive first story and noncombustible or heavy timber second story, the stairs need not be enclosed, provided, (a) all exit-way finish is Class A (flame spread rating not exceeding 25), (b) no open storage of wardrobe, books, or furniture in exit ways or spaces common to them and (c) the stairs from the second floor lead directly to an outside door or vestibule leading to the outside of the building.

Rescind and reserve subrule 5.656(3).

Amend subrule 5.656(4) as follows:

5.656(4) ~~In existing buildings, the stairway~~ Stairway enclosures or the protection of vertical openings shall be the equivalent of wood studding with gypsum lath and plaster on both sides. The doors shall be at least 1¾-inch solid core wood doors, with maximum 900 square inch glass panels allowable.

ITEM 8. Amend subrule 5.657(3) as follows:

5.657(3) ~~In existing buildings, ceiling~~ Ceiling finishes not meeting the requirements of 5.657(1) may be corrected by the use of a fire-retardant treatment.

ITEM 9. Amend rule 661--5.659(100) as follows:

Amend subrule 5.659(1) as follows:

5.659(1) ~~All schools~~ Buildings having two or more classrooms shall be equipped with a fire alarm system. Alarm stations shall be provided on each floor and so located that the alarm station is not more than 75 feet from any classroom door within the building. Minimum detection shall be corridor smoke detection, at a maximum spacing of 30 feet on centers, and heat detection in any hazardous areas. This minimum detection shall be installed by July 1, 2001. Horns or bells that provide a distinctive sound different from other bell systems shall be provided that will give audible warning to all occupants of the building in case of a fire or other emergency. A test device shall be provided for the purpose of conducting fire drills and tests of the alarm system. One-room classroom buildings placed in a complex of other classrooms shall be connected to the central alarm system.

Amend subrule 5.659(2) as follows:

5.659(2) Underwriters Laboratories, Inc., equipment and component parts shall be used in the installation of the fire alarm system. The electrical energy for the fire alarm system shall be on a separate circuit and shall be taken off the utility service to the school building ahead of the entrance disconnect. Fire alarm system shall be maintained in accordance with NFPA Pamphlet 72, National Fire Alarm Code, 1996 edition.

ITEM 10. Amend rule 661--5.660(100) as follows:

Amend subrule 5.660(1) as follows:

5.660(1) ~~The electrical wiring of any educational building~~ Electrical wiring shall have enough circuits to provide adequate service without the need of overfusing the circuits.

Amend subrule 5.660(3) as follows:

5.660(3) ~~In new construction,~~ New or replacement electrical wiring installed after January 1, 1999, shall be in metal raceways.

ITEM 11. Amend rule 661--5.661(100) as follows:

Amend subrule 5.661(4) as follows:

5.661(4) Oil burning equipment shall be installed, maintained, and operated in accordance with ~~5.350(101)~~ rule 661--5.350(101) ~~of the flammable liquid rules of the state of Iowa~~.

Amend subrule 5.661(5) as follows:

5.661(5) All gas burning equipment shall be installed and maintained in accordance with ~~5.250(101) of the liquefied petroleum gas rules of the state of Iowa~~ rule 661-- 5.250(101). Gas piping shall comply with NFPA Standard 54, Natural Fuel Gas Code, 1992 edition. Gas service lines into buildings shall be brought out of the ground before entering the building and shall be equipped with a shutoff valve outside the building. Gas piping shall not run in enclosed space without proper venting.

ITEM 12. Rescind and reserve rule 661--5.662(100).

ITEM 13. Amend subrule 5.663(1) as follows:

5.663(1) Each ~~school~~ building shall be equipped with fire extinguishers ~~of a type, size and number approved by the state fire marshal~~, in compliance with NFPA Standard 10, Installation of Portable Fire Extinguishers, 1998 edition.

Rescind and reserve subrule 5.663(2).

ITEM 14. Amend rule 661--5.664(100) as follows:

Amend the catchwords as follows:

661--5.664(100) Basement, underground and windowless ~~educational~~ classrooms ~~buildings~~.

Amend subrule 5.664(1), introductory paragraph, as follows:

5.664(1) ~~In existing school buildings, basement~~ Basement classrooms may be used provided there is compliance with either paragraphs "a" and "d," or compliance with paragraphs "b," "c," "d" and "e" below.

Rescind subrule 5.664(2).

Amend subrule 5.664(3) as follows:

5.664~~(3)~~ (2) ~~After October 17, 1969, in new construction only, underground~~ Underground or windowless ~~educational~~ school buildings constructed after October 17, 1969, and in use prior to January 1, 1999, or for which plans have been approved by the state fire marshal prior to January 1, 1999, shall be provided with ~~complete~~:

a. Complete approved, automatic sprinkler systems.

b. Approved automatic smoke venting facilities in addition to automatic sprinkler protection.

c. An approved-type emergency exit lighting system, if no natural lighting is provided.

d. Where required exit from underground structures involves upward travel, such as ascending stairs or ramp, such upward exits shall be cut off from main floor areas. If the area contains any combustible contents or combustible interior finish, it shall be provided with outside vented smoke traps or other means to prevent the exit serving as a flue for smoke from any fire in the area served by the exit, thereby making the exit impassable.

e. Every windowless building shall be provided with outside access panels on each floor level, designed for fire department access from ladders for purposes of ventilation and rescue of trapped occupants.

Rescind subrules 5.664(4) to 5.664(7).

ITEM 15. Amend rule 661--5.665(100) as follows:

Amend the catchwords as follows:

661--5.665(100) Fire hazard safeguards ~~in new and existing buildings~~.

Amend subrule 5.665(1) as follows:

5.665(1) Ventilating ducts discharging into attics of combustible construction shall be blocked off, protected with fire dampers or extended in a standard manner through the roof. Any light and ventilation shaft, chute, or other vertical opening between stories shall be protected as required for stairways.

Amend subrule 5.665(4) as follows:

5.665(4) Space under stairways ~~in existing buildings~~ shall not be used for storage unless the storage area is lined with material that will provide a one-hour, fire-resistant rating and provided with a tight-fitting door that has a comparable fire-resistant rating. Except when removing or storing stock, the door shall be kept closed and locked.

Amend subrule 5.665(7) as follows:

5.665(7) Spray finishing operations shall not be conducted ~~in a school building~~ except in a room designed for the purpose, protected with an approved automatic extinguishing system, and separated vertically and horizontally from such occupancies by construction having not less than two-hour fire resistance. ~~National Fire Protection Association~~ NFPA Standard No. 33, Spray Finishing, 1995 edition, shall ~~be applicable for~~ apply to construction and operation of all paint spray booths.

ITEM 16. Amend rule 661--5.666(100) as follows:

Amend subrule 5.666(7) as follows:

5.666(7) All automatic sprinkler systems required by these regulations shall be maintained in a reliable operating condition at all times in accordance with NFPA Standard No. 13, Installation of Sprinkler Systems, 1996 edition ~~and such periodic inspections and tests as are necessary shall be made to ensure proper maintenance~~.

5.666(8) In ~~existing~~ buildings of ordinary or better construction, stairway enclosures ~~will~~ shall not be required if protected by a partial or standard sprinkler system. Basement cutoffs of vertical openings ~~will be~~ are required. This modification of open stairways is permitted only in buildings that do not exceed a basement and two full stories.

ITEM 17. Amend 661--Chapter 5 by adopting the following new rule:

NEW SCHOOL BUILDINGS

661--5.675(100) New school buildings. This rule applies to new school buildings.

5.675(1) Chapters 10-1 through 10-5 of the National Fire Protection Association, NFPA, Life Safety Code 101, 1994 edition, along with referenced appendices and chapters are hereby adopted by reference as the rules governing school buildings, additions, alterations and renovations for which plans are approved by the fire marshal division on or after January 1, 1999, with the following amendments:

a. Delete 10-1.4.4 and 10-1.4.5.

b. Add 10-1.6.1 as follows:

10-1.6.1 Portable classroom buildings shall be located a minimum distance of 20 feet from another building, or shall have not less than a one-hour, fire-rated separation. All portable classroom buildings with raised floors shall be skirted to the ground with material equal to the siding of the building. Portable classroom buildings placed in a complex of other classrooms shall be connected to the central alarm system.

c. Delete 10-2.2.2.2 and replace it with the following:

10-2.2.2.2 Panic hardware or fire exit hardware. Any door in a required means of egress from an area having an occupant load of 50 or more persons shall be permitted to be provided with a latch or lock only if it is panic hardware or fire exit hardware complying with 5-2.1.7.

d. Add Exception No. 4 to 10-2.11.1 to read as follows:

Exception No. 4: Fire-resistive or noncombustible buildings protected throughout by a complete fire detection system.

e. Delete 10-3.2.3 and replace it with the following:

10-3.2.3 Doors to janitor closets shall be permitted to have ventilating louvers when the room is protected by an automatic sprinkler system in accordance with 7-7.1.2.

f. Delete 10-3.4.1 and replace it with the following:

10-3.4.1 General. Educational occupancies shall be provided with a fire alarm system and partial smoke detection system in accordance with Section 7-6.

g. Delete 10-3.4.2.2 and replace it with the following:

10-3.4.2.2 In buildings provided with smoke detection or automatic sprinkler protection, the operation of the smoke detection or the sprinkler system shall automatically activate the fire alarm system in addition to the initiation means required in 10-3.4.2.1.

h. Add 10-3.5.1 as follows:

10-3.5.1 Portable fire extinguishers shall be provided and located such that the maximum travel distance from any location in the building to a fire extinguisher is 75 feet. Where provided portable fire extinguishers shall be installed and maintained as specified in 7-7.4.1.

5.675(2) Every school building with two or more classrooms shall have a fire and tornado warning system. Equipment must be approved by a nationally recognized testing laboratory and the state fire marshal.

5.675(3) Delete 31-3.1 from LSC.

ITEM 18. Rescind and reserve rules 661--5.700(100) to 661--5.714(100).

ITEM 19. Adopt the following new rule:

EXISTING COLLEGE BUILDINGS

661--5.749(100) Application. Rules 661--5.749(100) to 661--5.765(100) apply to existing college buildings.

ITEM 20. Amend rule 661--5.750(100) as follows:

Delete the heading preceding rule 661--5.750(100).

Amend subrule 5.750(2) as follows:

5.750(2) The ~~population of all college buildings~~ occupancy load, for the purpose of determining the required exits and the required space for classroom use, shall be determined on the following basis.

a. The square feet of floor space for persons in college buildings shall be one person for each 40 square feet of gross area.

b. In gymnasiums and auditoriums, the capacity for seating shall be on the basis of 6 square feet net per person.

Amend subrule 5.750(3) as follows:

5.750(3) Exits shall be so arranged and maintained as to provide free and unobstructed egress from all parts of every existing college building or structure at all times when the building or structure is occupied. No locks or fasteners to prevent free escape from the inside of any building shall be installed.

Amend subrule 5.750(4) as follows:

5.750(4) Exits shall be clearly ~~visible or~~ marked, routes to reach them shall be conspicuously indicated ~~in such manner that every occupant of every educational building who is physically and mentally capable will readily know the direction of the escape from any point~~ and each path of escape in its entirety shall be so arranged or marked so that the way to a place of safety outside is unmistakable.

Amend subrule 5.750(5) as follows:

5.750(5) ~~In all college buildings where~~ Where artificial illumination is needed, electric exit signs or directional indicators shall be installed and adequate lighting provided for all corridors and passageways.

Amend subrule 5.750(7) as follows:

5.750(7) There shall be a minimum of two means of exit remote from each other from each floor ~~of every college building~~. The traveled distance from any point to an exit shall not exceed 150 feet measured along the line of travel.

EXCEPTION: In sprinklered buildings, the traveled distance from any point to an exit may be ~~increased to~~ 200 feet measured along the line of travel.

Amend subrule 5.750(9) as follows:

5.750(9) ~~In existing buildings where~~ Where exits do not comply with the requirements of ~~5.750(100)~~ this rule and in which hazardous conditions exist because of the number, width, construction or location of exits, the fire marshal may order additional exits to ensure adequate safety of the occupants but under no condition may outside fire escapes exceed 50 percent of the required stairs.

ITEM 21. Amend subrule 5.751(2) as follows:

5.751(2) Open clothing storage ~~in existing buildings~~.

b. Where open clothing is hung in exit corridors as described above, an automatic fire detection system shall be installed in the corridor. Sprinkler systems may be installed in lieu of the automatic detection system.

ITEM 22. Amend rule 661--5.752(100) as follows:

Amend subrule 5.752(1) as follows:

5.752(1) ~~The entrance~~ Building entrance and exit doors ~~of all college buildings~~ and the doors of all classrooms shall open outward.

Amend subrule 5.752(2) as follows:

5.752(2) Doors shall be provided for main exit facilities leading to a platform connecting with either outside stairs or fire escapes. Doors leading to outside stairways or fire escapes shall have a minimum width of 40 inches, except that ~~on existing buildings~~ where it is not practical to install a door of 40-inch width, a narrower door at least 30 inches in width may be installed.

Amend subrule 5.752(6) as follows:

5.752(6) Classroom doors.

a. ~~In existing buildings, doors~~ Doors of not less than 30 inches in width may be used. Doors must be a minimum of1¾-inch solid core wood.

b. Buildings designed without doors to classrooms shall meet the requirements of rule 5.765(100).

ITEM 23. Amend rule 661--5.754(100) as follows:

Amend subrule 5.754(2) as follows:

5.754(2) In ~~existing~~ buildings of two stories with no basement where such buildings are fire-resistive construction throughout, or fire-resistive first story and noncombustible or heavy timber second story, the stairs need not be enclosed, provided,

a. ~~all~~ All exit-way finish is Class A (flame spread rating not exceeding 25),

b. There is no open storage of wardrobe, books or furniture in exit ways or spaces common to them and

c. ~~providing these stairs~~ Stairs from the second floor lead directly to an outside door or vestibule leading to the outside of the building.

Amend subrule 5.754(3) as follows:

5.754(3) ~~In existing buildings, the stairway~~ Stairway enclosures or the protection of vertical openings shall be the equivalent of wood studding with gypsum lath and plaster on both sides. The doors shall be at least 1¾-inch solid core wood doors, with maximum 900 square inch glass panels allowable.

Amend subrule 5.754(7) as follows:

5.754(7) Where ~~existing buildings because of~~ building layout or construction ~~make~~ makes it ~~impossible~~ impractical to comply with rule 5.754(100), the fire marshal shall make an analysis of the building and may then order remedial construction or installation of fire detection or equipment which will correct hazardous conditions.

ITEM 24. Amend rule 661--5.756(100) as follows:

661--5.756(100) Construction. All additions ~~to existing buildings~~ shall comply with ~~5.705(100)~~ rule 661-- 5.775(100).

ITEM 25. Rescind rule 661--5.758(100) and insert in lieu thereof the following new rule:

661--5.758(100) Electrical wiring.

5.758(1) The electrical wiring of any educational building shall have enough circuits to provide adequate service without the need of overfusing the circuits.

5.758(2) The electrical wiring and component parts shall be properly maintained and serviced so as to eliminate the overheating or shorting that could cause a fire.

5.758(3) New or replacement electrical wiring installed on or after January 1, 1999, shall be in metal raceways.

5.758(4) All exit lights shall be connected ahead of the service disconnect.

ITEM 26. Amend rule 661--5.759(100) as follows:

661--5.759(100) Heating equipment.

5.759(1) Heating equipment shall be installed, where applicable, in rooms constructed in accordance with ~~5.705(6) and 5.705(7)~~ the following requirements:

a. Boiler rooms, furnace rooms, or fuel rooms which have no stories located above shall be constructed of fire-resistive, noncombustible, protected heavy timber, or protected ordinary materials.

b. Boiler rooms, furnace rooms, or fuel rooms with one or more stories above shall be of two-hour, fire-resistive construction.

EXCEPTION: Heating equipment in one- or two-room portable classroom buildings is not required to have fire-rated separation.

5.759(2) Installation for any heating equipment shall be in accordance with the manufacturer's instruction and conditions of safe operation.

5.759(3) Acceptable evidence for complying with subrule ~~5.709(2)~~ 5.759(1) shall be ~~labeling~~ labeled or listed equipment by Underwriters Laboratories, Inc., The American Gas Association Testing Laboratories, or approval of the state fire marshal.

5.759(4) Oil burning equipment shall be installed, maintained and operated in accordance with ~~5.350(101) of these rules~~ rule 661--5.350(101).

5.759(5) All gas burning equipment shall be installed and maintained in accordance with ~~5.250(101) of these rules~~ rule 661--5.250(101).

5.759(6) Floor-mounted flame heating equipment shall not be allowed to be installed in any classroom.

ITEM 27. Amend subrule 5.760(1) as follows:

5.760(1) Gas piping shall be in accordance with ~~5.250(101)~~ rule 661--5.250(101).

ITEM 28. Amend subrule 5.761(2) as follows:

5.761(2) ~~National Fire Protection Association~~ NFPA Standard No. 10, Installation of Portable Fire Extinguishers, ~~1988~~ 1994 edition, is applicable. Vaporizing extinguishers containing halogenated hydrocarbon extinguishing agents shall not be approved except in accordance with rule 661-- 5.40(17A,80,100).

ITEM 29. Amend rule 661--5.762(100) as follows:

661--5.762(100) Basements. ~~In existing college buildings, basement~~ Basement classrooms may be used provided there is compliance with paragraph "1" or "2" and compliance with paragraphs "3," "4" and "5":

1. Direct approved egress door from classrooms to the outside.

2. Classroom doors open into a corridor that leads directly outside.

3. Inside stairs from basement corridors, serving basement classrooms, shall not communicate with other stories above unless of fire-resistive construction.

4. Doors from basement classroom corridors, to other areas of the basement, shall be Class B and equipped with door closers except that solid frames and solid core wood doors, not less than 1¾ inches thick, shall be permitted.

5. Buildings, unless of fire-resistive construction, using the basement area for classroom purposes, shall have sprinkler or automatic alarm systems in the entire basement area.

ITEM 30. Amend rule 661--5.753(100) as follows:

Amend the catchwords as follows:

661--5.763(100) Fire hazard safeguards ~~in existing buildings~~.

Amend subrule 5.753(4) as follows:

5.763(4) Space used for storage under stairways ~~in existing buildings~~ shall not be allowed unless the storage area is lined with material that will provide a one-hour, fire-resistant rating and provided with a tight-fitting door that has a comparable fire-resistant rating. Except when removing or storing stock, the door shall be kept closed and locked.

Amend subrule 5.763(8) as follows:

5.763(8) Spray finishing operations shall not be conducted ~~in a school building~~ except in a room designed for the purpose, protected with an approved automatic extinguishing system, and separated vertically and horizontally from such occupancies by construction having not less than two-hour fire resistance. ~~National Fire Protection Association~~ NFPA Standard No. 33, Spray Finishing, ~~1985~~ 1995 edition, shall be applicable for construction and operation of all paint spray booths.

ITEM 31. Amend subrule 5.764(9) as follows:

5.764(9) In ~~existing~~ buildings of ordinary or better construction, stairway enclosures will not be required if protected by a partial or standard sprinkler system. Basement cutoffs of vertical openings will be required. This modification of open stairways is permitted only in buildings that do not exceed a basement and two full stories.

ITEM 32. Amend rule 661--5.765(100) as follows:

Amend subrule 5.765(1) as follows:

5.765(1) In ~~existing college~~ buildings, where the design of the building lends itself to the classification of an open plan building, the requirements for fire safety of subrules 5.764(2) to 5.764(9) shall apply.

Amend subrule 5.765(3) as follows:

5.765(3) Open plan buildings shall have enclosed stairways and any other vertical openings between floors protected in accordance with subrule 5.754(1).

Amend subrule 5.765(8) as follows:

5.765(8) Distance of travel to the nearest exit in an open plan building shall not exceed 100 feet from any point. ~~except that in~~

EXCEPTION: In a sprinklered building, the distance may be increased to 150 feet.

ITEM 33. Adopt new rule 661--5.775(100) as follows:

NEW COLLEGE BUILDINGS

661--5.775(100) New college buildings. Subsection 10-1.1.2 of the National Fire Protection Association, NFPA, Life Safety Code 101, 1994 edition, along with referenced appendices and chapters, is hereby adopted by reference as the rules governing college buildings, additions, alterations and renovations for which plans are approved by the state fire marshal on or after January 1, 1999, with the following amendments:

1. Add 10-1.1.2.1 to read as follows:

10-1.1.2.1 Panic hardware or fire exit hardware. Any door in a required means of egress from an area having an occupant load of 50 or more persons shall be permitted to be provided with a latch or lock only if it is panic hardware or fire exit hardware complying with 5-2.1.7.

2. Add 10-1.1.2.2 to read as follows:

10-1.1.2.2 Fire alarms. A fire alarm system and partial smoke detector system shall be provided in accordance with Section 7-6.

ARC 8923A

SAVINGS AND LOAN DIVISION[197]

Notice of Intended Action

Pursuant to the authority of Iowa Code section 534.401, the Savings and Loan Division gives Notice of Intended Action to adopt new Chapter 15, "Petitions for Rule Making," Chapter 16, "Declaratory Orders," and Chapter 17, "Contested Cases," Iowa Administrative Code.

These new chapters implement changes to the Uniform Rules on Agency Procedure required by the Iowa Administrative Procedure Act as a result of 1998 Iowa Acts, chapter 1202.

Consideration will be given to all written suggestions or comments on the proposed amendments received on orbefore May 11, 1999. Comments should be addressed to Glenda Loving, Savings and Loan Division, 1918 S.E.Hulsizer, Ankeny, Iowa 50021, or faxed to (515)281-7411. E-mail may be sent to glenda.loving@comm7.state.ia.us.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapters 272C and 534.

The following rules are proposed.

ITEM 1. Adopt new 197--Chapter 15 as follows:

CHAPTER 15
PETITIONS FOR RULE MAKING2/24/99

197--15.1(17A) Petition for rule making. Any person may file a petition for rule making with the division at Savings and Loan Division, Attn: Rules Coordinator, 1918 S.E. Hulsizer, Ankeny, Iowa 50021. A petition is deemed filed when it is received by that office. The division must provide the petitioner with a file-stamped copy of the petition if the petitioner provides the division an extra copy for this purpose. The petition must be typewritten or legibly handwritten in ink and must substantially conform to the following form:

DEPARTMENT OF COMMERCE
SAVINGS AND LOAN DIVISION

Petition by (Name of
Petitioner) for the (adoption, amendment, or repeal)
of rules relating to
(state subject matter).
}
PETITION FOR
RULE MAKING

The petition must provide the following information:

1. A statement of the specific rule-making action sought by the petitioner including the text or a summary of the contents of the proposed rule or amendment to a rule and, if it is a petition to amend or repeal a rule, a citation and the relevant language to the particular portion or portions of the rule proposed to be amended or repealed.

2. A citation to any law deemed relevant to the division's authority to take the action urged or to the desirability of that action.

3. A brief summary of petitioner's arguments in support of the action urged in the petition.

4. A brief summary of any data supporting the action urged in the petition.

5. The names and addresses of other persons, or a description of any class of persons, known by petitioner to be affected by or interested in, the proposed action which is the subject of the petition.

6. Any request by petitioner for a meeting provided for by rule 15.4(17A).

15.1(1) The petition must be dated and signed by the petitioner or the petitioner's representative. It must also include the name, mailing address, and telephone number of the petitioner and petitioner's representative, and a statement indicating the person to whom communications concerning the petition should be directed.

15.1(2) The division may deny a petition because it does not substantially conform to the required form.

197--15.2(17A) Briefs. The petitioner may attach a brief to the petition in support of the action urged in the petition. The division may request a brief from the petitioner or from any other person concerning the substance of the petition.

197--15.3(17A) Inquiries. Inquiries concerning the status of a petition for rule making may be made to Savings and Loan Division, Attn: Rules Coordinator, 1918 S.E. Hulsizer, Ankeny, Iowa 50021.

197--15.4(17A) Division consideration.

15.4(1) Within 14 days after the filing of a petition, the division must submit a copy of the petition and any accompanying brief to the administrative rules coordinator and to the administrative rules review committee. Upon request by petitioner in the petition, the division must schedule a brief and informal meeting between the petitioner and the division, a member of the division, or a member of the staff of the division, to discuss the petition. The division may request the petitioner to submit additional information or argument concerning the petition. The division may also solicit comments from any person on the substance of the petition. Also, comments on the substance of the petition may be submitted to the division by any person.

15.4(2) Within 60 days after the filing of the petition, or within any longer period agreed to by the petitioner, the division must, in writing, deny the petition, and notify petitioner of its action and the specific grounds for the denial, or grant the petition and notify petitioner that it has instituted rule-making proceedings on the subject of the petition. Petitioner shall be deemed notified of the denial or grant of the petition on the date when the division mails or delivers the required notification to petitioner.

15.4(3) Denial of a petition because it does not substantially conform to the required form does not preclude the filing of a new petition on the same subject that seeks to eliminate the grounds for the division's rejection of the petition.

These rules are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202.

ITEM 2. Adopt new 197--Chapter 16 as follows:

CHAPTER 16
DECLARATORY ORDERS

197--16.1(17A) Petition for declaratory order. Any person may file a petition with the savings and loan division for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the savings and loan division at Savings and Loan Division, Attn: Rules Coordinator, 1918 S.E. Hulsizer, Ankeny, Iowa 50021. A petition is deemed filed when it is received by that office. The division shall provide the petitioner with a file-stamped copy of the petition if the petitioner provides the division an extra copy for this purpose. The petition must be typewritten or legibly handwritten in ink and must substantially conform to the following form:

DEPARTMENT OF COMMERCE
SAVINGS AND LOAN DIVISION

Petition by (Name of
Petitioner) for a Declaratory Order on (Cite provisions of law involved).
}
PETITION FOR
DECLARATORY ORDER

The petition must provide the following information:

1. A clear and concise statement of all relevant facts on which the order is requested.

2. A citation and the relevant language of the specific statutes, rules, policies, decisions, or orders, whose applicability is questioned, and any other relevant law.

3. The questions petitioner wants answered, stated clearly and concisely.

4. The answers to the questions desired by the petitioner and a summary of the reasons urged by the petitioner in support of those answers.

5. The reasons for requesting the declaratory order and disclosure of the petitioner's interest in the outcome.

7. The names and addresses of other persons, or a description of any class of persons, known by petitioner to be affected by, or interested in, the questions presented in the petition.

8. Any request by petitioner for a meeting provided for by 16.7(17A).

197--16.2(17A) Notice of petition. Within 15 days after receipt of a petition for a declaratory order, the division shall give notice of the petition to all persons not served by the petitioner pursuant to 16.6(17A) to whom notice is required by any provision of law. The division may also give notice to any other persons.

197--16.3(17A) Intervention.

16.3(1) Persons who qualify under any applicable provision of law as an intervenor and who file a petition for intervention within 21 days of the filing of a petition for declaratory order shall be allowed to intervene in a proceeding for a declaratory order.

16.3(3) A petition for intervention shall be filed at Savings and Loan Division, Attn: Rules Coordinator, 1918 S.E. Hulsizer, Ankeny, Iowa 50021. Such a petition is deemed filed when it is received by that office. The division will provide the petitioner with a file-stamped copy of the petition for intervention if the petitioner provides an extra copy for this purpose. A petition for intervention must be typewritten or legibly handwritten in ink and must substantially conform to the following form:

DEPARTMENT OF COMMERCE
SAVINGS AND LOAN DIVISION

Petition by (Name of Original
Petitioner) for a Declaratory Order on (Cite provisions of law cited in original petition).
}
PETITION FOR
INTERVENTION

The petition for intervention must provide the following information:

1. Facts supporting the intervenor's standing and qualifications for intervention.

2. The answers urged by the intervenor to the question or questions presented and a summary of the reasons urged in support of those answers.

3. Reasons for requesting intervention and disclosure of the intervenor's interest in the outcome.

5. The names and addresses of any additional persons, or a description of any additional class of persons, known by the intervenor to be affected by, or interested in, the questions presented.

6. Whether the intervenor consents to be bound by the determination of the matters presented in the declaratory order proceeding.

197--16.4(17A) Briefs. The petitioner or any intervenor may file a brief in support of the position urged. The savings and loan division may request a brief from the petitioner, any intervenor, or any other person concerning the questions raised.

197--16.5(17A) Inquiries. Inquiries concerning the status of a declaratory order proceeding may be made to Savings and Loan Division, Attn: Rules Coordinator, 1918 S.E. Hulsizer, Ankeny, Iowa 50021.

197--16.6(17A) Service and filing of petitions and other papers.

16.6(2) Filing--when required. All petitions for declaratory orders, petitions for intervention, briefs, or other papers in a proceeding for a declaratory order shall be filed with the Savings and Loan Division, Attn: Rules Coordinator, 1918 S.E. Hulsizer, Ankeny, Iowa 50021. All petitions, briefs, or other papers that are required to be served upon a party shall be filed simultaneously with the division.

16.6(3) Method of service, time of filing, and proof of mailing. Method of service, time of filing, and proof of mailing shall be as provided by rule on contested cases 197--17.12(17A).

197--16.7(17A) Consideration. Upon request by petitioner, the savings and loan division must schedule a brief and informal meeting between the original petitioner, all intervenors, and a member of the staff of the savings and loan division, to discuss the questions raised. The division may solicit comments from any person on the questions raised. Also, comments on the questions raised may be submitted to the savings and loan division by any person.

197--16.8(17A) Action on petition.

16.8(1) Within the time allowed by 1998 Iowa Acts, chapter 1202, section 13(5), after receipt of a petition for a declaratory order, the superintendent or the superintendent's designee shall take action on the petition as required by 1998 Iowa Acts, chapter 1202, section 13(5).

16.8(2) The date of issuance of an order or of a refusal to issue an order is as defined in rule on contested cases 197--17.2(17A).

197--16.9(17A) Refusal to issue order.

16.9(1) The division shall not issue a declaratory order where prohibited by 1998 Iowa Acts, chapter 1202, section 13(1), and may refuse to issue a declaratory order on some or all questions raised for the following reasons:

1. The petition does not substantially comply with the required form.

2. The petition does not contain facts sufficient to demonstrate that the petitioner will be aggrieved or adversely affected by the failure of the division to issue an order.

3. The savings and loan division does not have jurisdiction over the questions presented in the petition.

4. The questions presented by the petition are also presented in a current rule making, contested case, or other division or judicial proceeding, that may definitively resolve them.

5. The questions presented by the petition would more properly be resolved in a different type of proceeding or by another body with jurisdiction over the matter.

6. The facts or questions presented in the petition are unclear, overbroad, insufficient, or otherwise inappropriate as a basis upon which to issue an order.

7. There is no need to issue an order because the questions raised in the petition have been settled due to a change in circumstances.

9. The petition requests a declaratory order that would necessarily determine the legal rights, duties, or responsi-bilities of other persons who have not joined in the petition, intervened separately, or filed a similar petition and whose position on the questions presented may fairly be presumed to be adverse to that of petitioner.

10. The petitioner requests the savings and loan division to determine whether a statute is unconstitutional on its face.

16.9(2) A refusal to issue a declaratory order must indicate the specific grounds for the refusal and constitutes final division action on the petition.

16.9(3) Refusal to issue a declaratory order pursuant to this provision does not preclude the filing of a new petition that seeks to eliminate the grounds for the refusal to issue an order.

197--16.10(17A) Contents of declaratory order--effective date. In addition to the order itself, a declaratory order must contain the date of its issuance, the name of petitioner and all intervenors, the specific statutes, rules, policies, decisions, or orders involved, the particular facts upon which it is based, and the reasons for its conclusion.

A declaratory order is effective on the date of issuance.

197--16.11(17A) Copies of orders. A copy of all orders issued in response to a petition for a declaratory order shall be mailed promptly to the original petitioner and all intervenors.

197--16.12(17A) Effect of a declaratory order. A declaratory order has the same status and binding effect as a final order issued in a contested case proceeding. It is binding on the savings and loan division, the petitioner, and any intervenors and is applicable only in circumstances where the relevant facts and the law involved are indistinguishable from those on which the order was based. As to all other persons, a declaratory order serves only as precedent and is not binding on the division. The issuance of a declaratory order constitutes final division action on the petition.

These rules are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202.

ITEM 3. Adopt new 197--Chapter 17 as follows:

CHAPTER 17
CONTESTED CASES

197--17.1(17A) Scope and applicability. Except when inconsistent with Iowa Code chapter 534, this chapter applies to contested case proceedings conducted by the savings and loan division.

197--17.2(17A) Definitions. Except where otherwise specifically defined by law:

"Contested case" means a proceeding defined by Iowa Code section 17A.2(5) and includes any matter defined as a no factual dispute contested case under 1998 Iowa Acts, chapter 1202, section 14.

"Issuance" means the date of mailing of a decision or order or date of delivery if service is by other means unless another date is specified in the order.

"Party" means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party.

"Presiding officer" means the superintendent of savings and loans, the superintendent's designee or, under certain circumstances, the administrative law judge.

"Proposed decision" means the presiding officer's recommended findings of fact, conclusions of law, decision, and order in a contested case in which the superintendent did not preside.

197--17.3(17A) Time requirements.

17.3(1) Time shall be computed as provided in Iowa Code subsection 4.1(34).

17.3(2) For good cause, the presiding officer may extend or shorten the time to take any action, except as precluded by statute. Except for good cause stated in the record, before extending or shortening the time to take any action, the presiding officer shall afford all parties an opportunity to be heard or to file written arguments.

197--17.4(17A) Requests for contested case proceeding. Any person claiming an entitlement to a contested case proceeding shall file a written request for such a proceeding within the time specified by the particular rules or statutes governing the subject matter or, in the absence of such law, the time specified in the division action in question.

The request for a contested case proceeding should state the name and address of the requester, identify the specific division action which is disputed, and where the requester is represented by a lawyer identify the provisions of law or precedent requiring or authorizing the holding of a contested case proceeding in the particular circumstances involved, and include a short and plain statement of the issues of material fact in dispute.

197--17.5(17A) Notice of hearing.

17.5(1) Delivery. Delivery of the notice of hearing constitutes the commencement of the contested case proceeding. Delivery may be executed by:

a. Personal service as provided in the Iowa Rules of Civil Procedure; or

b. Certified mail, return receipt requested; or

c. First-class mail; or

d. Publication, as provided in the Iowa Rules of Civil Procedure.

17.5(2) Contents. The notice of hearing shall contain the following information:

a. A statement of the time, place, and nature of the hearing;

b. A statement of the legal authority and jurisdiction under which the hearing is to be held;

c. A reference to the particular sections of the statutes and rules involved;

d. A short and plain statement of the matters asserted. If the division or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished;

e. Identification of all parties including the name, address and telephone number of the person who will act as advocate for the division or the state and of parties' counsel where known;

f. Reference to the procedural rules governing conduct of the contested case proceeding;

g. Reference to the procedural rules governing informal settlement;

h. Identification of the presiding officer, if known. If not known, a description of who will serve as presiding officer (e.g., superintendent, superintendent's designee, administrative law judge from the department of inspections and appeals); and

i. Notification of the time period in which a party may request, pursuant to 1998 Iowa Acts, chapter 1202, section 15(1), and rule 17.6(17A), that the presiding officer be an administrative law judge.

197--17.6(17A) Presiding officer.

17.6(1) Any party who wishes to request that the presiding officer assigned to render a proposed decision be an administrative law judge employed by the department of inspections and appeals must file a written request within 20 days after service of a notice of hearing which identifies or describes the presiding officer as the division head or members of the division.

17.6(2) The superintendent may deny the request only upon a finding that one or more of the following apply:

a. Neither the division nor any officer of the division under whose authority the contested case is to take place is a named party to the proceeding or a real party in interest to that proceeding.

b. There is a compelling need to expedite issuance of a final decision in order to protect the public health, safety, or welfare.

c. An administrative law judge with the qualifications identified in subrule 17.6(4) is unavailable to hear the case within a reasonable time.

d. The case involves significant policy issues of first impression that are inextricably intertwined with the factual issues presented.

e. The demeanor of the witnesses is likely to be dispositive in resolving the disputed factual issues.

f. Funds are unavailable to pay the costs of an administrative law judge and an interdivision appeal.

g. The request was not timely filed.

h. The request is not consistent with a specified statute.

17.6(3) The superintendent shall issue a written ruling specifying the grounds for the decision within 20 days after a request for an administrative law judge is filed. If the ruling is contingent upon the availability of an administrative law judge with the qualifications identified in subrule 17.6(4), the parties shall be notified at least 10 days prior to hearing if a qualified administrative law judge will not be available.

17.6(4) An administrative law judge assigned to act as presiding officer shall have the following technical expertness unless waived by the division: The administrative law judge shall have had at least five years experience as an executive officer in a savings and loan or in the regulation or examination of financial institutions.

17.6(5) Except as provided otherwise by another provision of law, all rulings by an administrative law judge acting as presiding officer are subject to appeal to the superintendent. A party must seek any available intradivision appeal in order to exhaust adequate administrative remedies.

17.6(6) Unless otherwise provided by law, the superintendent, when reviewing a proposed decision upon intradivision appeal, shall have the powers of and shall comply with the provisions of this chapter which apply to presiding officers.

197--17.7(17A) Waiver of procedures. Unless otherwise precluded by law, the parties in a contested case proceeding may waive any provision of this chapter. However, the division in its discretion may refuse to give effect to such a waiver when it deems the waiver to be inconsistent with the public interest.

197--17.8(17A) Telephone proceedings. The presiding officer may resolve preliminary procedural motions by telephone conference in which all parties have an opportunity to participate. Other telephone proceedings may be held with the consent of all parties. The presiding officer will determine the location of the parties and witnesses for telephone hearings. The convenience of the witnesses or parties, as well as the nature of the case, will be considered when location is chosen.

197--17.9(17A) Disqualification.

17.9(1) A presiding officer or other person shall withdraw from participation in the making of any proposed or final decision in a contested case if that person:

a. Has a personal bias or prejudice concerning a party or a representative of a party;

d. Has acted as counsel to any person who is a private party to that proceeding within the past two years;

e. Has a personal financial interest in the outcome of the case or any other significant personal interest that could be substantially affected by the outcome of the case;

f. Has a spouse or relative within the third degree of relationship that: (1) is a party to the case, or an officer, director or trustee of a party; (2) is a lawyer in the case; (3) is known to have an interest that could be substantially affected by the outcome of the case; or (4) is likely to be a material witness in the case; or

g. Has any other legally sufficient cause to withdraw from participation in the decision making in that case.

17.9(2) The term "personally investigated" means taking affirmative steps to interview witnesses directly or to obtain documents or other information directly. The term "personally investigated" does not include general direction and supervision of assigned investigators, unsolicited receipt of information which is relayed to assigned investigators, review of another person's investigative work product in the course of determining whether there is probable cause to initiate a proceeding, or exposure to factual information while performing other division functions, including fact gathering for purposes other than investigation of the matter which culminates in a contested case. Factual information relevant to the merits of a contested case received by a person who later serves as presiding officer in that case shall be disclosed if required by Iowa Code section 17A.17(3) and subrules 17.9(3) and 17.23(9).

17.9(3) In a situation where a presiding officer or other person knows of information which might reasonably be deemed to be a basis for disqualification and decides voluntary withdrawal is unnecessary, that person shall submit the relevant information for the record by affidavit and shall provide for the record a statement of the reasons for the determination that withdrawal is unnecessary.

17.9(4) If a party asserts disqualification on any appropriate ground, including those listed in subrule 17.9(1), the party shall file a motion supported by an affidavit pursuant to 1998 Iowa Acts, chapter 1202, section 19(7). The motion must be filed as soon as practicable after the reason alleged in the motion becomes known to the party.

If, during the course of the hearing, a party first becomes aware of evidence of bias or other grounds for disqualification, the party may move for disqualification but must establish the grounds by the introduction of evidence into the record.

197--17.10(17A) Consolidation--severance.

17.10(1) Consolidation. The presiding officer may consolidate any or all matters at issue in two or more contested case proceedings where: (a) the matters at issue involve common parties or common questions of fact or law; (b) consolidation would expedite and simplify consideration of the issues involved; and (c) consolidation would not adversely affect the rights of any of the parties to those proceedings.

17.10(2) Severance. The presiding officer may, for good cause shown, order any contested case proceedings or portions thereof severed.

197--17.11(17A) Pleadings.

17.11(1) Petition. A petition in a contested case proceeding shall state in separately numbered paragraphs the following:

a. The persons or entities on whose behalf the petition is filed;

b. The particular provisions of statutes and rules involved;

c. The relief demanded and the facts and law relied upon for such relief; and

d. The name, address and telephone number of the petitioner and the petitioner's attorney, if any.

17.11(2) Answer. An answer shall be filed within 20 days of service of a petition unless otherwise ordered. A party may move to dismiss or apply for a more definite and detailed statement when appropriate.

An answer shall state the name, address and telephone number of the person filing the answer, the person or entity on whose behalf it is filed, and the attorney representing that person, if any.

17.11(3) Amendment. Any notice of hearing, petition, or other charging document may be amended before a responsive pleading has been filed. Amendments to pleadings after a responsive pleading has been filed and to an answer may be allowed with the consent of the other parties or in the discretion of the presiding officer who may impose terms or grant a continuance.

197--17.12(17A) Service and filing of pleadings and other papers.

17.12(1) When service required. Except where otherwise provided by law, every pleading, motion, document, or other paper filed in a contested case proceeding and every paper relating to discovery in such a proceeding shall be served upon each of the parties of record to the proceeding, including the person designated as advocate or prosecutor for the state or the division, simultaneously with their filing. Except for the original notice of hearing and an application for rehearing as provided in Iowa Code section 17A.16(2), the party filing a document is responsible for service on all parties.

17.12(2) Service--how made. Service upon a party represented by an attorney shall be made upon the attorney unless otherwise ordered. Service is made by delivery or by mailing a copy to the person's last-known address. Service by mail is complete upon mailing, except where otherwise specifically provided by statute, rule, or order.

17.12(3) Filing--when required. After the notice of hearing, all pleadings, motions, documents or other papers in a contested case proceeding shall be filed with Savings and Loan Division, Attn: Contested Case Coordinator, 1918 S.E. Hulsizer, Ankeny, Iowa 50021. All pleadings, motions, documents or other papers that are required to be served upon a party shall be filed simultaneously with the savings and loan division.

17.12(4) Filing--when made. Except where otherwise provided by law, a document is deemed filed at the time it is delivered to the savings and loan division, delivered to an established courier service for immediate delivery to that office, or mailed by first-class mail or state interoffice mail to that office, so long as there is proof of mailing.

17.12(5) Proof of mailing. Proof of mailing includes either: a legible United States Postal Service postmark on the envelope, a certificate of service, a notarized affidavit, or a certification in substantially the following form:

I certify under penalty of perjury and pursuant to the laws of Iowa that, on (date of mailing), I mailed copies of (describe document) addressed to the Savings and Loan Division, Attn: Contested Case Coordinator, 1918 S.E. Hulsizer, Ankeny, Iowa 50021, and to the names and addresses of the parties listed below by depositing the same in (a United States post office mailbox with correct postage properly affixed or state interoffice mail).

(Date) (Signature)

197--17.13(17A) Discovery.

17.13(1) Discovery procedures applicable in civil actions are applicable in contested cases. Unless lengthened or shortened by these rules or by order of the presiding officer, time periods for compliance with discovery shall be as provided in the Iowa Rules of Civil Procedure.

17.13(2) Any motion relating to discovery shall allege that the moving party has previously made a good-faith attempt to resolve the discovery issues involved with the opposing party. Motions in regard to discovery shall be ruled upon by the presiding officer. Opposing parties shall be afforded the opportunity to respond within ten days of the filing of the motion unless the time is shortened as provided in subrule 17.13(1). The presiding officer may rule on the basis of the written motion and any response, or may order argument on the motion.

17.13(3) Evidence obtained in discovery may be used in the contested case proceeding if that evidence would otherwise be admissible in that proceeding.

197--17.14(17A) Subpoenas.

17.14(1) Issuance.

a. A division subpoena shall be issued to a party on request. Such a request must be in writing. In the absence of good cause for permitting later action, a request for a subpoena must be received at least three days before the scheduled hearing. The request shall include the name, address, and telephone number of the requesting party.

b. Except to the extent otherwise provided by law, parties are responsible for service of their own subpoenas and payment of witness fees and mileage expenses.

17.14(2) Motion to quash or modify. The presiding officer may quash or modify a subpoena for any lawful reason upon motion in accordance with the Iowa Rules of Civil Procedure. A motion to quash or modify a subpoena shall be set for argument promptly.

197--17.15(17A) Motions.

17.15(1) No technical form for motions is required. However, prehearing motions must be in writing, state the grounds for relief, and state the relief sought.

17.15(2) Any party may file a written response to a motion within ten days after the motion is served, unless the time period is extended or shortened by rules of the division or the presiding officer. The presiding officer may consider a failure to respond within the required time period in ruling on a motion.

17.15(3) The presiding officer may schedule oral argument on any motion.

17.15(4) Motions pertaining to the hearing must be filed and served at least ten days prior to the date of hearing unless there is good cause for permitting later action or the time for such action is lengthened or shortened by rule of the division or an order of the presiding officer.

197--17.16(17A) Prehearing conference.

17.16(1) Any party may request a prehearing conference. A written request for prehearing conference or an order for prehearing conference on the presiding officer's own motion shall be filed not less than seven days prior to the hearing date. A prehearing conference shall be scheduled not less than three business days prior to the hearing date.

Written notice of the prehearing conference shall be given by the presiding officer to all parties. For good cause the presiding officer may permit variances from this rule.

17.16(2) Each party shall bring to the prehearing conference:

17.16(3) In addition to the requirements of subrule 17.16(2), the parties at a prehearing conference may:

a. Enter into stipulations of law or fact;

b. Enter into stipulations on the admissibility of exhibits;

c. Identify matters which the parties intend to request be officially noticed;

d. Enter into stipulations for waiver of any provision of law; and

e. Consider any additional matters which will expedite the hearing.

17.16(4) Prehearing conferences shall be conducted by telephone unless otherwise ordered. Parties shall exchange and receive witness and exhibit lists in advance of a telephone prehearing conference.

197--17.17(17A) Continuances. Unless otherwise provided, applications for continuances shall be made to the presiding officer.

17.17(1) A written application for a continuance shall:

a. Be made at the earliest possible time and no less than seven days before the hearing except in case of unanticipated emergencies;

b. State the specific reasons for the request; and

c. Be signed by the requesting party or the party's representative.

An oral application for a continuance may be made if the presiding officer waives the requirement for a written motion. However, a party making such an oral application for a continuance must confirm that request by written application within five days after the oral request unless that requirement is waived by the presiding officer. No application for continuance shall be made or granted without notice to all parties except in an emergency where notice is not feasible. The division may waive notice of such requests for a particular case or an entire class of cases.

17.17(2) In determining whether to grant a continuance, the presiding officer may consider:

a. Prior continuances;

b. The interests of all parties;

c. The likelihood of informal settlement;

d. The existence of an emergency;

e. Any objection;

f. Any applicable time requirements;

g. The existence of a conflict in the schedules of counsel, parties, or witnesses;

h. The timeliness of the request; and

i. Other relevant factors.

The presiding officer may require documentation of any grounds for continuance.

197--17.18(17A) Withdrawals. A party requesting a contested case proceeding may withdraw that request prior to the hearing only in accordance with division rules. Unless otherwise provided, a withdrawal shall be with prejudice.

197--17.19(17A) Intervention.

17.19(1) Motion. A motion for leave to intervene in a contested case proceeding shall state the grounds for the proposed intervention, the position and interest of the proposed intervenor, and the possible impact of intervention on the proceeding. A proposed answer or petition in intervention shall be attached to the motion. Any party may file a response within 14 days of service of the motion to intervene unless the time period is extended or shortened by the presiding officer.

17.19(2) When filed. Motion for leave to intervene shall be filed as early in the proceeding as possible to avoid adverse impact on existing parties or the conduct of the proceeding. Unless otherwise ordered, a motion for leave to intervene shall be filed before the prehearing conference, if any, or at least 20 days before the date scheduled for hearing. Any later motion must contain a statement of good cause for the failure to file in a timely manner. Unless inequitable or unjust, an intervenor shall be bound by any agreement, arrangement, or other matter previously raised in the case. Requests by untimely intervenors for continuances which would delay the proceeding will ordinarily be denied.

17.19(3) Grounds for intervention. The movant shall demonstrate that: (a) intervention would not unduly prolong the proceedings or otherwise prejudice the rights of existing parties; (b) the movant is likely to be aggrieved or adversely affected by a final order in the proceeding; and (c) the interests of the movant are not adequately represented by existing parties.

17.19(4) Effect of intervention. If appropriate, the presiding officer may order consolidation of the petitions and briefs of different parties whose interests are aligned with each other and limit the number of representatives allowed to participate actively in the proceedings. A person granted leave to intervene is a party to the proceeding. The order granting intervention may restrict the issues that may be raised by the intervenor or otherwise condition the intervenor's participation in the proceeding.

197--17.20(17A) Hearing procedures.

17.20(1) The presiding officer presides at the hearing, and may rule on motions, require briefs, issue a proposed decision, and issue such orders and rulings as will ensure the orderly conduct of the proceedings.

17.20(2) All objections shall be timely made and stated on the record.

17.20(3) Parties have the right to participate or to be represented in all hearings or prehearing conferences related to their case. Partnerships, corporations, or associations may be represented by any member, officer, director, or duly authorized agent. Any party may be represented by an attorney or another person authorized by law.

17.20(4) Subject to terms and conditions prescribed by the presiding officer, parties have the right to introduce evidence on issues of material fact, cross-examine witnesses present at the hearing as necessary for a full and true disclosure of the facts, present evidence in rebuttal, and submit briefs and engage in oral argument.

17.20(5) The presiding officer shall maintain the decorum of the hearing and may refuse to admit or may expel anyone whose conduct is disorderly.

17.20(6) Witnesses may be sequestered during the hearing.

17.20(7) The presiding officer shall conduct the hearing in the following manner:

a. The presiding officer shall give an opening statement briefly describing the nature of the proceedings;

b. The parties shall be given an opportunity to present opening statements;

c. Parties shall present their cases in the sequence determined by the presiding officer;

e. When all parties and witnesses have been heard, parties may be given the opportunity to present final arguments.

197--17.21(17A) Evidence.

17.21(1) The presiding officer shall rule on admissibility of evidence and may, where appropriate, take official notice of facts in accordance with all applicable requirements of law.

17.21(2) Stipulation of facts is encouraged. The presiding officer may make a decision based on stipulated facts.

17.21(3) Evidence in the proceeding shall be confined to the issues as to which the parties received notice prior to the hearing unless the parties waive their right to such notice or the presiding officer determines that good cause justifies expansion of the issues. If the presiding officer decides to admit evidence on issues outside the scope of the notice over the objection of a party who did not have actual notice of those issues, that party, upon timely request, shall receive a continuance sufficient to amend pleadings and to prepare on the additional issue.

17.21(4) The party seeking admission of an exhibit must provide opposing parties with an opportunity to examine the exhibit prior to the ruling on its admissibility. Copies of documents should normally be provided to opposing parties.

All exhibits admitted into evidence shall be appropriately marked and be made part of the record.

17.21(5) Any party may object to specific evidence or may request limits on the scope of any examination or cross-examination. Such an objection shall be accompanied by a brief statement of the grounds upon which it is based. The objection, the ruling on the objection, and the reasons for the ruling shall be noted in the record. The presiding officer may rule on the objection at the time it is made or may reserve a ruling until the written decision.

17.21(6) Whenever evidence is ruled inadmissible, the party offering that evidence may submit an offer of proof on the record. The party making the offer of proof for excluded oral testimony shall briefly summarize the testimony or, with permission of the presiding officer, present the testimony. If the excluded evidence consists of a document or exhibit, it shall be marked as part of an offer of proof and inserted in the record.

197--17.22(17A) Default.

17.22(1) If a party fails to appear or participate in a contested case proceeding after proper service of notice, the presiding officer may, if no adjournment is granted, enter a default decision or proceed with the hearing and render a decision in the absence of the party.

17.22(2) Where appropriate and not contrary to law, any party may move for default against a party who has requested the contested case proceeding and has failed to file a required pleading or has failed to appear after proper service.

17.22(3) Default decisions or decisions rendered on the merits after a party has failed to appear or participate in a contested case proceeding become final division action unless, within 15 days after the date of notification or mailing of the decision, a motion to vacate is filed and served on all parties or an appeal of a decision on the merits is timely initiated within the time provided by rule 17.27(17A). A motion to vacate must state all facts relied upon by the moving party which establish that good cause existed for that party's failure to appear or participate at the contested case proceeding. Each fact so stated must be substantiated by at least one sworn affidavit of a person with personal knowledge of each such fact, which affidavit(s) must be attached to the motion.

17.22(4) The time for further appeal of a decision for which a timely motion to vacate has been filed is stayed pending a decision on the motion to vacate.

17.22(5) Properly substantiated and timely filed motions to vacate shall be granted only for good cause shown. The burden of proof as to good cause is on the moving party. Adverse parties shall have ten days to respond to a motion to vacate. Adverse parties shall be allowed to conduct discovery as to the issue of good cause and to present evidence on the issue prior to a decision on the motion, if a request to do so is included in that party's response.

17.22(6) "Good cause" for purposes of this rule shall have the same meaning as "good cause" for setting aside a default judgment under Iowa Rule of Civil Procedure 236.

17.22(7) A decision denying a motion to vacate is subject to further appeal within the time limit allowed for further appeal of a decision on the merits in the contested case proceeding. A decision granting a motion to vacate is subject to interlocutory appeal by the adverse party pursuant to rule 17.25(17A).

17.22(8) If a motion to vacate is granted and no timely interlocutory appeal has been taken, the presiding officer shall issue another notice of hearing and the contested case shall proceed accordingly.

17.22(9) A default decision may award any relief consistent with the request for relief made in the petition and embraced in its issues.

17.22(10) A default decision may provide either that the default decision is to be stayed pending a timely motion to vacate or that the default decision is to take effect immediately, subject to a request for stay under rule 17.29(17A).

197--17.23(17A) Ex parte communication.

17.23(1) Prohibited communications. Unless required for the disposition of ex parte matters specifically authorized by statute, following issuance of the notice of hearing, there shall be no communication, directly or indirectly, between the presiding officer and any party or representative of any party or any other person with a direct or indirect interest in such case in connection with any issue of fact or law in the case except upon notice and opportunity for all parties to participate. This does not prohibit persons jointly assigned such tasks from communicating with each other. Nothing in this provision is intended to preclude the presiding officer from communicating with members of the division or seeking the advice or help of persons other than those with a personal interest in, or those engaged in personally investigating as defined in subrule 17.9(2), prosecuting, or advocating in, either the case under consideration or a pending factually related case involving the same parties as long as those persons do not directly or indirectly communicate to the presiding officer any ex parte communications they have received of a type that the presiding officer would be prohibited from receiving or that furnish, augment, diminish, or modify the evidence in the record.

17.23(2) Prohibitions on ex parte communications commence with the issuance of the notice of hearing in a contested case and continue for as long as the case is pending.

17.23(3) Written, oral or other forms of communication are "ex parte" if made without notice and opportunity for all parties to participate.

17.23(4) To avoid prohibited ex parte communications, notice must be given in a manner reasonably calculated to give all parties a fair opportunity to participate. Notice of written communications shall be provided in compliance with rule 17.12(17A) and may be supplemented by telephone, facsimile, electronic mail or other means of notification. Where permitted, oral communications may be initiated through conference telephone call including all parties or their representatives.

17.23(5) Persons who jointly act as presiding officer in a pending contested case may communicate with each other without notice or opportunity for parties to participate.

17.23(6) The executive director or other persons may be present in deliberations or otherwise advise the presiding officer without notice or opportunity for parties to participate as long as they are not disqualified from participating in the making of a proposed or final decision under any provision of law and they comply with subrule 17.23(1).

17.23(7) Communications with the presiding officer involving uncontested scheduling or procedural matters do not require notice or opportunity for parties to participate. Parties should notify other parties prior to initiating such contact with the presiding officer when feasible, and shall notify other parties when seeking to continue hearings or other deadlines pursuant to rule 17.17(17A).

17.23(8) Disclosure of prohibited communications. A presiding officer who receives a prohibited ex parte communication during the pendency of a contested case must initially determine if the effect of the communication is so prejudicial that the presiding officer should be disqualified. If the presiding officer determines that disqualification is warranted, a copy of any prohibited written communication, all written responses to the communication, a written summary stating the substance of any prohibited oral or other communication not available in written form for disclosure, all responses made, and the identity of each person from whom the presiding officer received a prohibited ex parte communication shall be submitted for inclusion in the record under seal by protective order. If the presiding officer determines that disqualification is not warranted, such documents shall be submitted for inclusion in the record and served on all parties. Any party desiring to rebut the prohibited communication must be allowed the opportunity to do so upon written request filed within ten days after notice of the communication.

17.23(9) Promptly after being assigned to serve as presiding officer at any stage in a contested case proceeding, a presiding officer shall disclose to all parties material factual information received through ex parte communication prior to such assignment unless the factual information has already been or shortly will be disclosed pursuant to Iowa Code section 17A.13(2) or through discovery. Factual information contained in an investigative report or similar document need not be separately disclosed by the presiding officer as long as such documents have been or will shortly be provided to the parties.

17.23(10) The presiding officer may render a proposed or final decision imposing appropriate sanctions for violations of this rule including default, a decision against the offending party, censure, or suspension or revocation of the privilege to practice before the division. Violation of ex parte communication prohibitions by division personnel shall be reported to the superintendent for possible sanctions including censure, suspension, dismissal, or other disciplinary action.

197--17.24(17A) Recording costs. Upon request, the division shall provide a copy of the whole or any portion of the record at cost. The cost of preparing a copy of the record or of transcribing the hearing record shall be paid by the requesting party.

Parties who request that a hearing be recorded by certified shorthand reporters rather than by electronic means shall bear the cost of that recordation, unless otherwise provided by law.

197--17.25(17A) Interlocutory appeals. Upon written request of a party or on its own motion, the superintendent may review an interlocutory order of the presiding officer. In determining whether to do so, the superintendent shall weigh the extent to which its granting the interlocutory appeal would expedite final resolution of the case and the extent to which review of that interlocutory order by the division at the time it reviews the proposed decision of the presiding officer would provide an adequate remedy. Any request for interlocutory review must be filed within 14 days of issuance of the challenged order, but no later than the time for compliance with the order or the date of hearing, whichever is first.

197--17.26(17A) Final decision.

17.26(1) When the superintendent presides over the reception of evidence at the hearing, the superintendent's decision is a final decision.

17.26(2) When the superintendent does not preside at the reception of evidence, the presiding officer shall make a proposed decision. The proposed decision becomes the final decision of the division without further proceedings unless there is an appeal to, or review on motion of, the superintendent within the time provided in rule 17.27(17A).

197--17.27(17A) Appeals and review.

17.27(1) Appeal by party. Any adversely affected party may appeal a proposed decision to the superintendent within 30 days after issuance of the proposed decision.

17.27(2) Review. The superintendent may initiate review of a proposed decision on the superintendent's own motion at any time within 30 days following the issuance of such a decision.

17.27(3) Notice of appeal. An appeal of a proposed decision is initiated by filing a timely notice of appeal with the savings and loan division. The notice of appeal must be signed by the appealing party or a representative of that party and contain a certificate of service. The notice shall specify:

a. The parties initiating the appeal;

b. The proposed decision or order appealed from;

c. The specific findings or conclusions to which exception is taken and any other exceptions to the decision or order;

d. The relief sought;

e. The grounds for relief.

17.27(4) Requests to present additional evidence. A party may request the taking of additional evidence only by establishing that the evidence is material, that good cause existed for the failure to present the evidence at the hearing, and that the party has not waived the right to present the evidence. A written request to present additional evidence must be filed with the notice of appeal or, by a nonappealing party, within 14 days of service of the notice of appeal. The superintendent may remand a case to the presiding officer for further hearing or may personally preside at the taking of additional evidence.

17.27(5) Scheduling. The division shall issue a schedule for consideration of the appeal.

17.27(6) Briefs and arguments. Unless otherwise ordered, within 20 days of the notice of appeal or order for review, each appealing party may file exceptions and briefs. Within 20 days thereafter, any party may file a responsive brief. Briefs shall cite any applicable legal authority and specify relevant portions of the record in that proceeding. Written requests to present oral argument shall be filed with the briefs.

The superintendent may resolve the appeal on the briefs or provide an opportunity for oral argument. The superintendent may shorten or extend the briefing period as appropriate.

197--17.28(17A) Applications for rehearing.

17.28(1) By whom filed. Any party to a contested case proceeding may file an application for rehearing from a final order.

17.28(2) Content of application. The application for rehearing shall state on whose behalf it is filed, the specific grounds for rehearing, and the relief sought. In addition, the application shall state whether the applicant desires reconsideration of all or part of the division decision on the existing record and whether, on the basis of the grounds enumerated in subrule 17.27(4), the applicant requests an opportunity to submit additional evidence.

17.28(3) Time of filing. The application shall be filed with the savings and loan division within 20 days after issuance of the final decision.

17.28(4) Notice to other parties. A copy of the application shall be timely mailed by the applicant to all parties of record not joining therein. If the application does not contain a certificate of service, the savings and loan division shall serve copies on all parties.

17.28(5) Disposition. Any application for a rehearing shall be deemed denied unless the division grants the application within 20 days after its filing.

197--17.29(17A) Stays of division actions.

17.29(1) When available.

a. Any party to a contested case proceeding may petition the savings and loan division for a stay of an order issued in that proceeding or for other temporary remedies, pending review by the division. The petition shall be filed with the notice of appeal and shall state the reasons justifying a stay or other temporary remedy. The superintendent may rule on the stay or authorize the presiding officer to do so.

b. Any party to a contested case proceeding may petition the savings and loan division for a stay or other temporary remedies pending judicial review of all or part of that proceeding. The petition shall state the reasons justifying a stay or other temporary remedy.

17.29(2) When granted. In determining whether to grant a stay, the presiding officer or superintendent shall consider the factors listed in 1998 Iowa Acts, chapter 1202, section 23(5c).

17.29(3) Vacation. A stay may be vacated by the issuing authority upon application of the division or any other party.

197--17.30(17A) No factual dispute contested cases. If the parties agree that no dispute of material fact exists as to a matter that would be a contested case if such a dispute of fact existed, the parties may present all relevant admissible evidence either by stipulation or otherwise as agreed by the parties, without necessity for the production of evidence at an evidentiary hearing. If such agreement is reached, a jointly submitted schedule detailing the method and timetable for submission of the record, briefs and oral argument should be submitted to the presiding officer for approval as soon as practicable. If the parties cannot agree, any party may file and serve a motion for summary judgment pursuant to the rules governing such motions.

197--17.31(17A) Emergency adjudicative proceedings.

17.31(1) Necessary emergency action. To the extent necessary to prevent or avoid immediate danger to the public health, safety, or welfare and, consistent with the Constitution and other provisions of law, the superintendent may issue a written order in compliance with Iowa Code section 17A.18 to suspend a license in whole or in part, order the cessation of any continuing activity, order affirmative action, or take other action within the jurisdiction of the superintendent by emergency adjudicative order. Before issuing an emergency adjudicative order the superintendent shall consider factors including, but not limited to, the following:

a. Whether there has been a sufficient factual investigation to ensure that the division is proceeding on the basis of reliable information;

b. Whether the specific circumstances which pose immediate danger to the public health, safety or welfare have been identified and determined to be continuing;

c. Whether the person required to comply with the emergency adjudicative order may continue to engage in other activities without posing immediate danger to the public health, safety or welfare;

d. Whether imposition of monitoring requirements or other interim safeguards would be sufficient to protect the public health, safety or welfare; and

e. Whether the specific action contemplated by the division is necessary to avoid the immediate danger.

17.31(2) Issuance of order.

a. An emergency adjudicative order shall contain findings of fact, conclusions of law, and policy reasons to justify the determination of an immediate danger in the superintendent's decision to take immediate action.

b. The written emergency adjudicative order shall be immediately delivered to persons who are required to comply with the order by utilizing one or more of the following procedures:

(1) Personal delivery;

(2) Certified mail, return receipt requested, to the last address on file with the division;

(3) Certified mail to the last address on file with the division;

(4) First-class mail to the last address on file with the division; or

(5) Fax. Fax may be used as the sole method of delivery if the person required to comply with the order has filed a written request that division orders be sent by fax and has provided a fax number for that purpose.

c. To the degree practicable, the division shall select the procedure for providing written notice that best ensures prompt, reliable delivery.

17.31(3) Oral notice. Unless the written emergency adjudicative order is provided by personal delivery on the same day that the order issues, the division shall make reasonable immediate efforts to contact by telephone the persons who are required to comply with the order.

17.31(4) Completion of proceedings. After the issuance of an emergency adjudicative order, the division shall proceed as quickly as feasible to complete any proceedings that would be required if the matter did not involve an immediate danger.

Issuance of a written emergency adjudicative order shall include notification of the date on which division proceedings are scheduled for completion. After issuance of an emergency adjudicative order, continuance of further division proceedings to a later date will be granted only in compelling circumstances upon application in writing.

These rules are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202.

NOTICE--PUBLIC FUNDS INTEREST RATES

In compliance with Iowa Code chapter 74A and section 12C.6, the committee composed of Treasurer of StateMichael L. Fitzgerald, Superintendent of Credit Unions James E. Forney, Superintendent of Banking Michael K. Guttau, and Auditor of State Richard D. Johnson have established today the following rates of interest for public obligations and special assessments. The usury rate for April is 6.75%.

INTEREST RATES FOR PUBLIC

OBLIGATIONS AND ASSESSMENTS

74A.2 Unpaid Warrants Maximum 6.0%

74A.4 Special Assessments Maximum 9.0%

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

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

New official state interest rates, effective April 8, 1999, setting the minimums that may be paid by Iowa depositories on public funds are listed below.

TIME DEPOSITS

7-31 days Minimum 4.30%

32-89 days Minimum 4.40%

90-179 days Minimum 4.60%

180-364 days Minimum 4.70%

One year Minimum 4.80%

Two years or more Minimum 5.10%

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

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

ARC 8921A

UTILITIES DIVISION[199]

Notice of Intended Action

Pursuant to Iowa Code sections 17A.4, 476.1, 476.1A, 476.1C, 476.1D, and 476.3, the Utilities Board (Board) gives notice that on March 26, 1999, the Board issued an order in Docket No. RMU-99-3, In re: Refunds and Back Billing, "Order Commencing Rule Making," to consider the adoption of amendments to 199 IAC 19.4(13)"a"(2), 19.4(13)"a"(3), 19.4(13)"b"(1), 19.4(13)"d," 19.4(13)"e," 20.4(14)"b"(1), 20.4(14)"b"(2), 20.4(14)"c," 20.4(14)"d," 20.4(14)"e," 20.4(14)"f," and 21.4(6)"a." The proposed rules also add new paragraphs 199 IAC 21.4(6)"d," 21.4(6)"e," 22.4(3)"k," and 22.4(3)"l."

The Board has had before it two dockets where the time frame for a utility's liability for refunds and back billing was at issue. The Board's rules currently do not have a time limit for incorrect meter reading, incorrect application of rate schedule, incorrect connection of metering installation, or similar reasons. In both dockets, one involving electric and gas utilities and the other involving a telephone utility, the Board found a ten-year time frame appropriate. See Mid-American Energy Company, "Order Approving Tariffs, Granting Exemption, and Granting Waiver in Part," Docket Nos. WRU-97-31-156, WRU-97-32-156 (TF-97-365, TF-97-366) (January 2, 1998); Dr. Meredith Saunders v. U S WEST Communications, Inc., "Order Denying Formal Complaint Proceedings and Requiring Additional Refund," Docket No. C-96-325 (March 12, 1998). The Board used the statute of limitations for written contracts adopted by the legislature as a policy guide.

The purpose of the proposed rule making is to adopt a uniform time frame for electric, gas, water, and telephone utilities. The Board generally believes a ten-year period for refunds balances the customers' rights in the event of an error with the utility's costs of maintaining accurate, retrievable billing records for a potentially unlimited period. The proposed amendments provide, however, that the Board may order a different time period if the facts and circumstances warrant.

For utility back billings, the Board is also proposing a ten-year period but with limits on the maximum amount of the bill. The proposed amendments indicate the maximum back bill shall not exceed 50 percent of the billing for like charges in the 12 months preceding discovery of the error unless otherwise ordered by the Board. The limitation on amount is to protect customers from large back billings due to a utility error. Like the proposed amendments on refunds, the proposed amendments on back billing also recognize that special circumstances may justify a departure from the general standard contained in the rules.

The proposed amendments also increase the minimum amounts for back billing and refunds. These changes are merely to update the rules and recognize the high administrative costs of tracking and refunding or billing small dollar amounts.

Pursuant to Iowa Code section 17A.4(1)"a" and "b," any interested person may file a written statement of position on the proposed amendments no later than May 11, 1999, by filing an original and ten copies in a form substantially complying with 199 IAC 2.2(2). All written statements should clearly state the author's name and address and should make specific reference to this docket. All communications should be directed to the Executive Secretary, Iowa Utilities Board, 350 Maple Street, Des Moines, Iowa 50319-0069.

An oral presentation is scheduled for June 2, 1999, at 10 a.m. in the Utilities Board's Hearing Room, 350 Maple Street, Des Moines, Iowa. Pursuant to 199 IAC 3.7(17A,474), all interested persons may participate in this proceeding. Persons with disabilities requiring assistive services or devices to observe or participate should contact the Utilities Board at (515)281-5256 in advance of the scheduled date to request that appropriate arrangements be made.

These amendments are intended to implement Iowa Code sections 476.1, 476.1A, 476.1C, 476.1D, and 476.3.

The following amendments are proposed.

ITEM 1. Amend subparagraph 19.4(13)"a"(2) as follows:

(2) If the time at which the error first developed or occurred cannot be definitely determined, it shall be assumed that the overregistration has existed for the shortest time period calculated as ~~the time since July 4, 1963,~~ one-half the time since the meter was installed or one-half the time elapsed since the last ~~previous~~ meter ~~installation~~ test unless otherwise ordered by the board.

ITEM 2. Amend subparagraph 19.4(13)"a"(3) as follows:

(3) If the recalculated bills indicate that $3 $5 or more is due an existing customer or $5 $10 or more is due a person no longer a customer of the utility, the tariff shall provide for refunding of the full amount of the calculated difference between the amount paid and the recalculated amount. Refunds shall be made to the two most recent customers who received service through the metering installation during the time the error existed. In the case of a previous customer who is no longer a customer of the utility, a notice of the amount subject to refund shall be mailed to such previous customer at the last-known address, and the utility shall upon demand made within three months thereafter refund the same.

Refunds shall be completed within six months following the date of the meter installation test.

ITEM 3. Amend subparagraph 19.4(13)"b"(1) as follows:

(1) The utility may not back bill due to underregistration unless a minimum back bill amount is specified in its tariff. The minimum amount specified for back billing shall not be less than, but may be greater than, $3 $5 for an existing customer or $5 $10 for a former customer. All recalculations resulting in an amount due equal or greater than the tariff specified minimum shall result in issuance of a back bill.

ITEM 4. Amend paragraph 19.4(13)"d" as follows:

d. When a customer has been overcharged as a result of incorrect reading of the meter, incorrect application of the rate schedule, incorrect connection of the meter, or other similar reasons, the amount of the overcharge shall be adjusted, refunded, or credited to the customer. The time period for which the utility is required to adjust, refund, or credit the customer's bill need not exceed ten years unless otherwise ordered by the board.

ITEM 5. Amend paragraph 19.4(13)"e" as follows:

e. When a customer has been undercharged as a result of incorrect reading of the meter, incorrect application of the rate schedule, incorrect connection of the meter, or other similar reasons, the amount of the undercharge may be billed to the customer. The time period for which the utility may adjust for the undercharge need not exceed ten years unless otherwise ordered by the board. The maximum back bill shall not exceed 50 percent of the billing for like charges (e.g., usage-based, fixed or service charges) in the 12 months preceding discovery of the error unless otherwise ordered by the board.

ITEM 6. Amend subparagraph 20.4(14)"b"(1), introductory paragraph, as follows:

(1) Overregistration. If the date when overregistration began can be determined, such date shall be the starting point for determination of the amount of the adjustment. If the date when overregistration began cannot be determined, it shall be assumed that the error has existed for the shortest time period calculated as ~~the time since July 4, 1963,~~ one-half the time since the meter was installed, or one-half the time elapsed since the last ~~previous~~ meter ~~installation~~ test unless otherwise ordered by the board.

ITEM 7. Amend subparagraph 20.4(14)"b"(2), introductory paragraph, as follows:

(2) Underregistration. If the date when underregistration began can be determined, it shall be the starting point for determination of the amount of the adjustment except that billing adjustment shall be limited to the preceding six months. If the date when underregistration began cannot be determined, it shall be assumed that the error has existed for one-half of the time elapsed since the more recent of either ~~metering~~ meter installation or the last ~~previous~~ meter test, except that billing adjustment shall be limited to the preceding six months unless otherwise ordered by the board.

ITEM 8. Amend paragraph 20.4(14)"c" as follows:

c. Refunds. If the recalculated bills indicate that $1 $5 or more is due an existing customer or $2 $10 or more is due a person no longer a customer of the utility, the tariff shall provide refunding of the full amount of the calculated difference between the amount paid and the recalculated amount. Refunds shall be made to the two most recent customers who received service through the metering installation found to be in error. In the case of a previous customer who is no longer a customer of the utility, a notice of the amount subject to refund shall be mailed to such previous customer at the last-known address, and the utility shall, upon demand made within three months thereafter, refund the same.

Refunds shall be completed within six months following the date of the metering installation test.

ITEM 9. Amend paragraph 20.4(14)"d" as follows:

d. Back billing. A utility may not back bill due to underregistration unless a minimum back bill amount is specified in its tariff. The minimum amount specified for back billing shall not be less than, but may be greater than, $1 $5 for an existing customer or $2 $10 for a former customer. All recalculations resulting in an amount due equal or greater than the tariff specified minimum shall result in issuance of a back bill.

Back billings shall be rendered no later than six months following the date of the metering installation test.

ITEM 10. Amend paragraph 20.4(14)"e" as follows:

e. Overcharges. When a customer has been overcharged as a result of incorrect reading of the meter, incorrect application of the rate schedule, incorrect connection of the metering installation, or other similar reasons, the amount of the overcharge shall be adjusted, refunded or credited to the customer. The time period for which the utility is required to adjust, refund, or credit the customer's bill shall not exceed ten years unless otherwise ordered by the board.

ITEM 11. Amend paragraph 20.4(14)"f" as follows:

f. Undercharges. When a customer has been undercharged as a result of incorrect reading of the meter, incorrect application of the rate schedule, incorrect connection of the metering installation, or other similar reasons, the tariff may provide for billing the amount of the undercharge to the customer. The time period for which the utility may adjust for the undercharge need not exceed ten years unless otherwise ordered by the board. The maximum back bill shall not exceed 50 percent of the billing for like charges (e.g., usage-based, fixed or service charges) in the 12 months preceding discovery of the error unless otherwise ordered by the board.

ITEM 12. Amend paragraph 21.4(6)"a" as follows:

a. Fast meters. Whenever a meter in service is tested and found to have overregistered more than 2 percent, the utility shall adjust the customer's bill for the excess amount paid. The estimated amount of overcharge is to be based on the period the error first developed or occurred. If the period cannot be definitely determined, it will be assumed that the overregistration existed for a period equal to one-half the time since the meter was last tested or one-half the time since the meter was installed unless otherwise ordered by the board. If the recalculated bill indicates that more than $1 $5 is due an existing customer, the full amount of the calculated difference between the amount paid and the recalculated amount shall be refunded to the customer. If a refund is due a person no longer a customer of the utility, a notice shall be mailed to the last-known address.

ITEM 13. Adopt new paragraph 21.4(6)"d" as follows:

d. Overcharges. When a customer has been overcharged as a result of incorrect reading of the meter, incorrect application of the rate schedule, incorrect connection of the metering installation, or other similar reasons, the amount of the overcharge shall be adjusted, refunded or credited to the customer. The time period for which the utility is required to adjust, refund or credit the customer's bill shall not exceed ten years unless otherwise ordered by the board.

ITEM 14. Adopt new paragraph 21.4(6)"e" as follows:

e. Undercharges. When a customer has been undercharged as a result of incorrect reading of the meter, incorrect application of the rate schedule, incorrect connection of the metering installation, or other similar reasons, the tariff may provide for billing the amount of the undercharge to the customer. The time period for which the utility may adjust for the undercharge need not exceed ten years unless otherwise ordered by the board. The maximum back bill shall not exceed 50 percent of the billing for like charges (e.g., usage-based, fixed or service charges) in the 12 months preceding discovery of the error unless otherwise ordered by the board.

ITEM 15. Adopt new paragraph 22.4(3)"k" as follows:

k. Undercharges. The time period for which a utility may back bill a customer for undercharges shall not exceed ten years unless otherwise ordered by the board.

ITEM 16. Adopt new paragraph 22.4(3)"l" as follows:

l. Overcharges. The time period for which the utility is required to refund or credit the customer's bill shall not exceed ten years unless otherwise ordered by the board. Refunds of $25 or more shall be in the form of checks to current customers. Checks are to be issued to former customers where the refund exceeds $10. Refunds to current customers less than $25 may be in the form of a bill credit. Refunds for regulated services may not be applied to unpaid amounts for unregulated services.

FILED

ARC 8919A

BLIND, DEPARTMENT FOR THE[111]

Adopted and Filed

Pursuant to the authority of Iowa Code section 216B.6, the Commission for the Blind hereby amends Chapter 1, "Administrative Organization and Procedures," and Chapter 4, "Petition for Rule Making," rescinds Chapter 3, "Agency Procedure for Rule Making," and Chapter 5, "Declaratory Rulings," and adopts Chapter 3, "Department Procedure for Rule Making," and Chapter 5, "Declaratory Orders," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on February 24, 1999, as ARC 8714A. No public comments were received on these amendments. The adopted amendments are identical to those published under Notice.

The amendment to rule 111--1.3(216B) updates information regarding Department office locations and telephone numbers.

The amendments to Chapter 4 and the adoption of Chapters 3 and 5 revise the Department's rules governing procedures for rule making, petitions for rule making, and declaratory orders.

The Seventy-seventh General Assembly passed amendments to the Iowa Administrative Procedure Act in 1998 Iowa Acts, chapter 1202. The Attorney General's Office drafted amendments to the Uniform Rules on Agency Procedure to implement the amendments to the Iowa Administrative Procedure Act. The Department's amendments are based on the draft amendments with some changes specific to the Department.

The Commission believes these changes will bring Department rules into compliance with 1998 Iowa Acts, chapter 1202, which becomes effective July 1, 1999.

These amendments were approved during the March 23, 1999, meeting of the Commission for the Blind.

These amendments will become effective May 26, 1999.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202; Iowa Code section 25B.6; and Iowa Code chapter 216B.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [Chs 1, 3, 4 and 5] is being omitted. These amendments are identical to those published under Notice as ARC 8714A, IAB 2/24/99.

[Filed 3/24/99, effective 5/26/99]
[Published 4/21/99]

[For replacement pages for IAC, see IAC Supplement 4/21/99.]

ARC 8926A

PROFESSIONAL LICENSURE DIVISION[645]

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 change the requirements for obtaining continuing education credit, change renewal requirements for individuals licensed within six months of renewal, establish a deadline for materials to be submitted for review by the board at a regularly scheduled meeting and change the amount of time in which supervision requirements can be completed.

Notice of Intended Action was published in the Iowa Administrative Bulletin on February 10, 1999, as ARC 8688A. A public hearing was held on March 2, 1999, from 8 to 10 a.m. in the Professional Licensure Conference Room, Department of Public Health, Lucas State Office Building, Fifth Floor, Des Moines, Iowa 50319-0075. No public comment was received. 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 March 19, 1999.

These amendments will become effective May 26, 1999.

These amendments are intended to implement Iowa Code chapters 154D and 272C.

The following amendments are adopted.

ITEM 1. Amend rule 645--30.2(147,154D) by adopting a new subrule as follows:

30.2(9) All material sent to the board for review must be submitted at least one week before a regularly scheduled meeting. Materials received after this deadline will be reviewed at the next regularly scheduled meeting of the board.

ITEM 2. Amend subrule 30.3(2), paragraph "a," subparagraph (2), as follows:

(2) The learning process is sustained and intense. Appointments are customarily scheduled once a week; three times weekly is ordinarily the maximum and once every other week the minimum. Marital and family therapy supervision is normally completed over a period of ~~one~~ two to three years in blocks of at least 20 hours.

ITEM 3. Amend subrule 30.4(2), paragraph "a," subparagraph (2), as follows:

(2) The learning process is sustained and intense. Appointments are customarily scheduled once a week; three times weekly is ordinarily the maximum and once every other week the minimum. Mental health counseling supervision is normally completed over a period of ~~one~~ two to three years in blocks of at least 20 hours.

ITEM 4. Amend rule 645--30.6(147,154D) by adopting a new subrule as follows:

30.6(5) Individuals who were issued their initial license within six months of license renewal will not be required to renew their license until the next renewal two years later. Individuals will be required to report 40 hours of continuing education for their first renewal and every renewal thereafter.

ITEM 5. Amend subrule 31.1(3) as follows:

31.1(3) ~~Beginning October 1, 2000, the~~ The continuing education compliance period shall be each biennium beginning October 1 of the even-numbered year to September 30 of the next even-numbered year. During the continuing education compliance period, attendance at sponsor-approved continuing education programs may be used as evidence of fulfilling the continuing education requirement for the subsequent biennial license renewal period beginning October 1. ~~The biennial license renewal period shall extend from October 1 of each even-numbered year until September 30 of the next even-numbered year.~~

ITEM 6. Amend subrule 31.1(4) as follows:

31.1(4) Hours of continuing education credit may be obtained by attending and participating in a continuing education activity ~~which meets the requirements in this chapter~~ offered by a sponsor approved by the board. Hours of continuing education credit may also be obtained by attending and participating in a continuing education activity offered by a sponsor approved by the Iowa Board of Social Work Examiners or the Iowa Board of Psychology Examiners. Any nonapproved sponsor that meets the criteria set forth in rule 31.2(272C) will be subject to review by the board at the time of the audit.

ITEM 7. Amend subrule 31.1(6) as follows:

31.1(6) When an initial license is issued via examination, the new licensee is exempt from meeting the continuing education requirement for the ~~first renewal of the license~~ continuing education biennium in which the license is issued.

ITEM 8. Amend subrule 31.2(1), paragraph "c," as follows:

c. Is conducted by individuals who have ~~special~~ specialized education, training and experience by reason of which said individuals should be considered experts concerning the subject matter of the program, and is accompanied by a paper, manual or outline which substantively pertains to the subject matter of the program and reflects program schedule, goals and objectives. The board may request a curriculum vitae of presenters.

ITEM 9. Rescind subrule 31.2(2) and adopt the following new subrule in lieu thereof:

31.2(2) Continuing education credit may be granted for attendance at sponsor-approved workshops, conferences and symposiums and for academic coursework. Official transcripts indicating successful completion of academic courses which apply to the field of mental health counseling or marital and family therapy, as appropriate, will be necessary in order to receive the following continuing education credits:

One semester credit = 15 hours of continuing education credit;

One quarter credit = 10 hours of continuing education credit.

ITEM 10. Amend rule 645--31.2(272C) by adopting a new subrule as follows:

31.2(3) In addition to attendance at sponsor-approved workshops, conferences and symposiums and academic coursework, a maximum of 20 hours of continuing education credit may be granted for any of the following activities not to exceed a combined total of 20 hours:

a. Presenting professional programs which meet the criteria in 31.2(1). Two hours of credit will be awarded for each hour of presentation. A course schedule or brochure must be maintained for audit. Presentation at a professional program does not include teaching a class at an institution of higher learning at which the applicant is regularly and primarily employed. Presentations to lay public are excluded.

b. Scholarly research or other activities of which the results are published in a recognized professional publication. The scholarly research must be integrally related to the practice of the professions.

c. Publication in a refereed journal. The article in a refereed journal for which the licensee is seeking continuing education credit must be integrally related to the practice of the professions.

d. Distance learning conferences will be allowed if the following criteria are met:

(1) The program is offered through the Iowa Communications Network (ICN).

(2) The program allows for interaction between the presenter and the participants.

(3) The program meets all of the criteria of 31.2(1).

e. Home study courses will be allowed if the following criteria are met:

(1) The program is recognized by the National Board for Certified Counselors (NBCC) or meets all of the criteria of 31.2(1).

(2) A certificate of completion is presented after successful completion of course.

f. Viewing videotaped presentations will be allowed if the following criteria are met:

(1) There is a sponsoring group or agency.

(2) There is a facilitator or program official present.

(3) The program official may not be the only attendee.

(4) The program meets all of the criteria of 31.2(1).

g. Computer-assisted instructional courses or programs pertaining to the practice of mental health counseling or marital and family therapy will be allowed if the following criteria are met:

(1) The courses and programs are approved by the National Board for Certified Counselors (NBCC) or its affiliates or meets all of the criteria of 31.2(1).

(2) A certificate of completion that includes the following information is presented after successful completion of the course:

1. Date course/program was completed.

2. Title of course/program.

3. Number of course/program contact hours.

4. Official signature of course/program sponsor.

ITEM 11. Rescind rule 645--31.3(272C) and adopt the following new rule in lieu thereof:

645--31.3(272C) Accreditation of sponsors.

31.3(1) Standards for accreditation of sponsors. An organization, institution, agency or individual shall be qualified for approval as a sponsor of continuing education activities if the board determines that:

a. The sponsor presents organized programs of learning; and

b. The sponsor presents subject matters which integrally relate to the practice of mental health counseling or marital and family therapy or both; and

c. The sponsor's program activities contribute to the professional competency of the licensee; and

d. The sponsor's program presenters are individuals who have specialized education, training or experience by reason of which said individuals may be considered qualified to present the subject matter of the programs.

31.3(2) Procedures for accreditation of sponsors.

a. An institution, organization, agency or individual desiring to be designated as an accredited sponsor of continuing education activities shall apply for accreditation to the board stating its education history, subjects offered, total hours of instruction presented, and the names and qualifications of instructors. If approved by the board, such institution, organization, agency or individual shall be designated as an accredited sponsor of continuing education activities, and the activities of such an approved sponsor which are relevant to mental health counseling and marital and family therapy shall be deemed automatically approved for continuing education credit. By January 31 of each year, commencing January 31, 1995, all accredited sponsors shall report to the board in writing the education programs conducted during the preceding calendar year on a form approved by the board.

b. All accredited sponsors shall issue a certificate of attendance to each licensee who attends a continuing education activity. The certificate shall include sponsor name and number; date of program; name of participant; total number of clock hours excluding introductions, breaks, and meals; program title and presenter; program site; and whether the program is approved for mental health counseling, marital and family therapy, or both.

c. All accredited sponsors shall keep on file for three years a list of attendees, license numbers, number of continuing education clock hours, and a program description and objectives.

31.3(3) Review of accredited sponsors and programs.

a. The board may monitor and review any continuing education program already approved by the accredited sponsor. Upon evidence of significant variation in the program presented from the program approved, the board may disapprove all or any part of the approved hours granted by the program.

b. The board may at any time reevaluate an accredited sponsor. If after such reevaluation the board finds there is a basis for consideration of revocation of the accreditation of a sponsor, the board shall give notice by ordinary mail to that sponsor of a hearing on such possible revocation at least 30 days prior to the hearing.

[Filed 4/2/99, effective 5/26/99]

[Published 4/21/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 4/21/99.

ARC 8925A

PROFESSIONAL LICENSURE DIVISION[645]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 147.36 and 147.76, the Board of Chiropractic Examiners hereby amends Chapter 40, "Chiropractic Examiners," Iowa Administrative Code.

These amendments establish definitions related to practice; revise the number of continuing education hours needed to renew a lapsed license to be consistent with current continuing education requirements; establish the requirement of an official college transcript as part of the application for licensure; revise the requirements pertaining to a personal interview with licensure candidates; revise the requirements pertaining to a temporary certificate; revise the requirements for appointment of members to the Utilization and Cost Control Review Committee; revise the procedures for utilization and cost control review; establish activities that are deemed by the board to be misleading, deceptive, untrue or fraudulent representations in the practice of the profession; establish the percentage of total continuing education hours of credit earned for National Board examination proctoring; increase the per diem for board members who monitor continuing education sponsors to the established state guidelines; require payment of the current renewal fee for reinstatement of an inactive license; and establish the board's option to require completion of a special purposes examination for reinstatement of an inactive or lapsed license.

Notice of Intended Action was published in the Iowa Administrative Bulletin on January 27, 1999, as ARC 8631A.

A public hearing was held on February 16, 1999, from10 a.m. to 12 noon in the Fifth Floor Professional Licensure Conference Room, Lucas State Office Building, Des Moines, Iowa. The public hearing was attended by eight individuals, including representatives of the Iowa Chiropractic Society, the Iowa Physical Therapy Association, and physical therapist practitioners. Prior to the public hearing, written comments were received from the Iowa Medical Society, the Iowa Board of Physical and Occupational Therapy Examiners, the American Physical Therapy Association, Guttenberg Municipal Hospital, and the University of Osteopathic Medicine and Health Sciences Physical Therapy Program. The total number of written comments received was 217, including those submitted at the public hearing. Most of the individual comments received by mail were from physical therapy practitioners. Comments regarding the noticed rules included objections to four of the nine practice definitions. Most of the comments of objection were focused on one definition: "Chiropractic physiotherapy procedures/physical medicine." Additional comments included recognition of the efforts on the part of the Board of Chiropractic Examiners to bring clarification to chiropractic practice terms. The following revision was made to the Notice after Board discussion:

In rule 645--40.1(151), the following practice definition was not adopted: "Chiropractic physiotherapy procedures/physical medicine."

These amendments were adopted by the Board of Chiropractic Examiners on March 24, 1999.

These amendments will become effective May 26, 1999.

These amendments are intended to implement Iowa Code chapters 147, 151, and 272C.

The following amendments are adopted.

ITEM 1. Amend rule 645--40.1(151) by adopting the following new definitions in alphabetical order:

"Adjustment/manipulation of neuromusculoskeletal structures" means use by a doctor of chiropractic of a skillful treatment based upon differential diagnosis of neuromusculoskeletal structures and procedures related thereto by the use of passive movements with the chiropractic physician's hands or instruments in a manipulation of a joint by thrust so the patient's volitional resistance cannot prevent the motion. The manipulation is directed toward the goal of restoring joints to their proper physiological relationship of motion and related function. Movement of the joint is by force beyond its active limit of motion, but within physiologic integrity. Adjustment or manipulation commences where mobilization ends and specifically begins when the elastic barrier of resistance is encountered by the doctor of chiropractic and ends at the limit of anatomical integrity. Adjustment or manipulation as described in this definition is directed to the goal of the restoration of joints to their proper physiological relationship of motion and related function, release of adhesions or stimulation of joint receptors. Adjustment or manipulation as described in this definition is by hand or instrument. The primary emphasis of this adjustment or manipulation is upon specific joint element adjustment or manipulation and treatment of the articulation and adjacent tissues of the neuromusculoskeletal structures of the body and nervous system, using one or more of the following:

1. Impulse adjusting or the use of sudden, high velocity, short amplitude thrust of a nature that patient volitional resistance is overcome, commencing where the motion encounters the elastic barrier of resistance and ends at the limit of anatomical integrity.

2. Instrument adjusting, utilizing instruments specifically designed to deliver sudden, high velocity, short amplitude thrust.

3. Light force adjusting, utilizing sustained joint traction or applied directional pressure, or both, which may be combined with passive motion to restore joint mobility.

4. Long distance lever adjusting, utilizing forces delivered at some distance from the dysfunctional site and aimed at transmission through connected structures to accomplish joint mobility.

"Anatomic barrier" means the limit of motion imposed by anatomic structure; the limit of passive motion.

"Chiropractic manipulation" means care of an articular dysfunction or neuromusculoskeletal disorder by manual or mechanical adjustment of any skeletal articulation and contiguous articulations.

"Differential diagnosis" means to examine the body systems and structures of a human subject to determine the source, nature, kind or extent of a disease, vertebral subluxation, neuromusculoskeletal disorder or other physical condition, and to make a determination of the source, nature, kind, or extent of a disease or other physical condition.

"Elastic barrier" means the range between the physiologic and anatomic barrier of motion in which passive ligamentous stretching occurs before tissue disruption.

"Extremity manipulation" means a corrective thrust or maneuver by a doctor of chiropractic by hand or instrument based upon differential diagnosis of neuromusculoskeletal structures applied to a joint of the appendicular skeleton.

"Mobilization" means movement applied singularly or repetitively within or at the physiological range of joint motion, without imparting a thrust or impulse, with the goal of restoring joint mobility.

"Physiologic barrier" means the limit of active motion, which can be altered to increase range of active motion by warm-up activity.

ITEM 2. Amend subrule 40.12(3) as follows:

40.12(3) Any licensee who allows the license to lapse by failing to renew within one year of the expiration date shall be required to pay the penalty set forth in 40.12(2) and all past renewal fees then due provided the fees shall not exceed $500 as computed by the board and show evidence of 18 30 hours of accredited continuing education, for each lapsed year, which constitutes an organized program of learning, and which contributes directly to the professional competency of the licensee ~~for each lapsed year~~. ~~Hours~~ The hours need not exceed 90 hours for reinstatement, 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 with the applicant. A licensee may be reinstated without examination upon approval by the board.

ITEM 3. Amend subrule 40.13(1) by adopting the following new paragraph "i":

i. A final transcript sent directly from a board-approved college of chiropractic.

ITEM 4. Amend subrule 40.13(2) as follows:

40.13(2) Any candidate applying for licensure ~~shall~~ may be required to appear for a personal interview before the board or before a member thereof~~, unless waived by the board~~.

ITEM 5. Amend subrule 40.18(1) as follows:

40.18(1) The board may, in its discretion, issue a temporary certificate authorizing the applicant to practice chiropractic whenever, in the opinion of the board, a need exists and the applicant possesses the qualifications prescribed by the board for the certificate, which shall be substantially the same as those required under Iowa Code chapter 151. A temporary certificate shall be issued for one year and, at the discretion of the board, may be annually renewed, not to exceed two additional years, at a fee of $100 per year. The board may require completion of continuing education hours for renewal of a temporary certificate.

ITEM 6. Amend subrule 40.18(2), paragraph "a," subparagraph (2), as follows:

(2) ~~A photostatic copy of high school diploma (no larger than 8½ ? 11 inches).~~ A final transcript sent directly from a board-approved college of chiropractic.

ITEM 7. Amend subrule 40.18(3) as follows:

40.18(3) Applicants may be required to satisfactorily complete a written, oral, or practical examination. In any case, the board ~~shall~~ may require the applicant to appear for a personal interview before the board or a member of the board.

ITEM 8. Amend subrule 40.19(2) as follows:

40.19(2) Members of the U.C.C.R. committee shall:

a. Hold a current license.

b. ~~Practice~~ Have practiced chiropractic in the state of Iowa for a minimum of five years prior to appointment.

c. Be actively involved in a chiropractic practice during the term of appointment as a U.C.C.R. committee member.

d. ~~Not assist in the review or adjudication of claims in which the committee member may reasonably be presumed to have a conflict of interest.~~ Have no pending board disciplinary actions or discipline taken during the three years prior to appointment and no discipline pending or taken during the period of appointment.

e. Have no malpractice awards granted against the appointed committee member during the three years prior to appointment or during the period of appointment.

f. Not assist in the review or adjudication of claims in which the committee member may reasonably be presumed to have a conflict of interest.

g. Have completed a utilization review course that has been previously approved by the board.

ITEM 9. Amend subrule 40.19(3) as follows:

40.19(3) Procedures for utilization and cost control review. A request for review may be made to the board by any person governed by the various chapters of Title XX of the Code, self-insurers for health care benefits to employees, other third-party payers, chiropractic patients or licensees.

a. ~~The fee for service shall be $100,~~ There shall be a reasonable fee, as established by the board, for services rendered, which will be made payable directly to the U.C.C.R. committee. The committee shall make a yearly accounting to the board.

b. A request for service shall be submitted to the executive director of the U.C.C.R. committee on an approved submission form and shall be accompanied by four copies of all information. All references to identification and location of patient and doctor shall be deleted and prepared for blind review by the executive director of the U.C.C.R. committee. The information shall be forwarded to the U.C.C.R. committee.

c. The U.C.C.R. committee shall respond in writing to the parties involved with its findings and recommendations within 90 days. The committee shall review the appropriateness of levels of treatment and give an opinion as to the reasonableness of charges for diagnostic or treatment services rendered as requested. The U.C.C.R. committee shall submit a quarterly report of their activities to the board. The U.C.C.R. committee shall meet at least annually with the board chair or the board chair's designee.

ITEM 10. Amend subrule 40.24(3), paragraph "a," as follows:

a. Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of a profession includes, but is not limited to, an intentional perversion of the truth, either orally or in writing, by a chiropractic physician in the practice of chiropractic and includes any representation contrary to the chiropractic physician's legal or equitable duty, trust or confidence and is deemed by the board to be contrary to good conscience, prejudicial to the public welfare and may operate to the injury of another. Activities under this paragraph include, but are not limited to:

(1) Alleging superiority in any way.

(2) Guarantees of any type.

(3) Improper titles.

(4) Inflated or unjustified expectations of favorable results.

(5) Self-laudatory claims of specialty practice for which credentials do not exist.

(6) Representations that patients easily misunderstand.

(7) Claims of extraordinary skills that are not recognized in the profession.

ITEM 11. Amend subrule 40.62(6) as follows:

40.62(6) If a new license holder is licensed during the first year of the biennial continuing education period, the license holder is only required to complete 30 hours of continuing education for renewal. If a new license holder is licensed during the second year of the biennial continuing education period, the license holder will be exempt from meeting the continuing education requirements for the first license renewal. The new license holder will be required to obtain 60 hours of continuing education for the second license renewal. Effective January 1, 1998, at least 40 percent of the accrued hours must be prescribed credit hours. The remaining hours may be accrued as follows:

1. Not more than 10 percent of the hours from elective, self-study activities.

2. Not more than 10 percent of the hours from prescribed child abuse, dependent adult abuse, or OSHA training hours.

3. Not more than 14 percent of the hours from elective state, district, or organizational meetings.

4. Not more than 20 percent of the hours from elective chiropractic practice management.

5. Not more than 60 percent of the hours from undergraduate teaching at a CCE- or IBCE-approved institution. (Prescribed)

6. Not more than 60 percent of the hours from postgraduate teaching through a CCE- or IBCE-approved institution or organization, but no more than equal to the hours accrued for the initial session per subject matter. (Prescribed)

7. Not more than 60 percent of the hours from proctoring of the National Board examinations.

ITEM 12. Amend subrule 40.64(5) as follows:

40.64(5) When it is necessary to monitor a sponsor of continuing education, the sponsor shall reimburse the board member for necessary traveling and other expenses in accordance with the guidelines of the state of Iowa for board members and per diem at the rate of ~~$40~~ $50 per day for each day actually spent in travel and monitoring of the program.

ITEM 13. Amend subrule 40.70(1) as follows:

40.70(1) Submit written application for reinstatement to the board upon forms provided by the board~~; and~~ , pay the current renewal fee; and

ITEM 14. Amend subrule 40.70(2), paragraph "c," as follows:

c. Successful completion of the Iowa state license examination, or a special purposes examination approved by the board, conducted within one year immediately prior to the submission of such application for reinstatement.

ITEM 15. Amend subrule 40.73(2) as follows:

40.73(2) The board may require a licensee applying for reinstatement to successfully complete the state examination or a special purposes examination when, through a personal interview, the board finds reason to doubt the licensee's ability to practice with reasonable skill and safety.

[Filed 4/2/99, effective 5/26/99]

[Published 4/21/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 4/21/99.

ARC 8927A

PUBLIC HEALTH DEPARTMENT[641]

Adopted and Filed

Pursuant to the authority of Iowa Code section 136C.3, the Department of Public Health hereby adopts amendments to Chapter 38, "General Provisions"; Chapter 39, "Registration of Radiation Machine Facilities, Licensure of Radioactive Materials and Transportation of Radioactive Materials"; Chapter 40, "Standards for Protection Against Radiation"; Chapter 41, "Safety Requirements for the Use of Radiation Machines and Certain Uses of Radioactive Materials"; Chapter 42, "Minimum Certification Standards for Diagnostic Radiographers, Nuclear Medicine Technologists and Radiation Therapists"; Chapter 45, "Radiation Safety Requirements for Industrial/Non-medical Use of Radioactive Material and Radiation Producing Machines"; and Chapter 46, "Minimum Requirements for Tanning Facilities," Iowa Administrative Code.

These amendments incorporate changes in references for clarification and changes made at the federal level, which establish national radiation protection standards.

Acronyms used in this document are as follows:

ALARA - as low as reasonably achievable

TEDE - total effective dose equivalent

The State Board of Health adopted these amendments at their regular board meeting on March 10, 1999.

Notice of Intended Action regarding these amendments was published in the Iowa Administrative Bulletin on January 13, 1999, as ARC 8609A. A public hearing was held on February 2, 1999, at 9 a.m. in the Third Floor Conference Room, Side 1, Lucas State Office Building, Des Moines, Iowa 50319. There was one person in attendance, and four sets of written comments were received, reviewed, considered and incorporated as appropriate. The changes made from the Notice of Intended Action are listed below.

1. In Item 2, the definition for "constraint" was added to clarify new language in Items 10 and 14.

2. In Item 6, the term "1mCi" was corrected to read "1[proportional]Ci."

3. In Item 11, subrule 40.26(1) was changed to apply to registrants as well as licensees.

4. Proposed new rules 641--40.32(136C) and 641-- 40.33(136C) have been incorporated into rule 641-- 40.28(136C) in order to avoid renumbering subsequent rules.

5. In Item 17, references to subrule 41.5(5) were changed to 41.1(5).

6. In Item 20, the word "entrance" was added before the words "exposure rate." The term "(coulombs per kilogram)" was added to clarify that measurement results shall be stated in roentgens per minute (coulombs per kilogram).

7. Item 30 in the original Notice, which changed the title of 641--Chapter 42, was deleted. The chapter title will remain the same. Subsequent items were renumbered.

These amendments will become effective July 1, 1999.

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

The following amendments are adopted.

ITEM 1. Amend subrule 38.1(2) as follows:

38.1(2) All references to Code of Federal Regulations (CFR) in this chapter are those in effect as of July 1, ~~1998~~ 1999.

ITEM 2. Amend rule 641--38.2(136C) as follows:

Adopt the following new definition in alphabetical order:

"Constraint" or "dose constraint" means a value above which specified licensee actions are required.

Amend the definition of "Individual monitoring devices" as follows:

"Individual monitoring devices" means devices designed to be worn by a single individual for the assessment of dose equivalent. For purposes of these rules, "personnel dosimeter" and "dosimeter" are equivalent terms. Examples of individual monitoring devices are film badges, thermoluminescent dosimeters (TLDs), pocket ionization chambers, optically stimulated luminescent (OSL) devices, and personal air sampling devices.

ITEM 3. Amend rule 641--38.5(136C) as follows:

641--38.5(136C) ~~Enforcement requirements~~ Administrative actions.

38.5(1) Enforcement requirements. Upon determination by the agency that Iowa Code chapter 136C or any rule adopted pursuant to that chapter has been or is being violated, the agency may implement the policies and procedures specified in Bureau of Radiological Health Enforcement Program (BRH-EP-1).

38.5(2) Impounding. Sources of radiation shall be subject to impoundment pursuant to the Bureau of Radiological Health Enforcement Program (BRH-EP-1).

ITEM 4. Amend subrule 38.8(6) as follows:

38.8(6) Certification fees. Diagnostic radiographers, radiation therapists, and nuclear medicine technologists, other than licensed practitioners of the healing arts, are required to pay fees sufficient to defray the cost of administering 641--Chapter 42. Fees are as follows:

a. Annual fee. Each individual must submit a $45 initial fee for the first year and $35 annually.

b. Examination fee.

(1) Each individual making application to take an examination given by the agency as a general diagnostic radiographer, ~~general nuclear medicine technologist,~~ or general radiation therapist as defined in 641--Chapter 42 must pay a nonrefundable fee of $25 each time the individual takes the examination required by 641--Chapter 42. Effective January 1, 2000, each individual must pay a nonrefundable fee of $80 each time the individual takes the examination.

(2) Each individual making application to take an examination given by the agency as a limited diagnostic radiographer, limited nuclear medicine technologist, or limited radiation therapist as defined in 641--Chapter 42 must pay a nonrefundable fee of $35 each time the individual takes the examination required by 641--Chapter 42. Effective January 1, 2001, each individual must pay a nonrefundable fee of $85 each time the individual takes the examination.

(3) Each individual making application to take an examination given by the agency as a general nuclear medicine technologist as defined in 641--Chapter 42 must pay a nonrefundable fee of either $80 or $145, depending upon the testing facility chosen, effective January 1, 2000.

c. Recertification fees. Once certification has been terminated for failure to complete continuing education requirements, any individual who requests permission to reestablish certification within six months of the initial continuing education due date must meet the training and testing requirements of 641--Chapter 42, submit proof of continuing education hours and shall submit a late fee of $30 in addition to the annual fee in order to obtain reinstatement of certification.

ITEM 5. Amend subrule 39.1(3) as follows:

39.1(3) All references to any Code of Federal Regulations (CFR) in this chapter are those in effect as of July 1, ~~1998~~ 1999.

ITEM 6. Amend subrule 39.4(3), paragraph "c," by adopting the following new subparagraph (5):

(5) Radioactive drug: capsules containing carbon-14 urea for "in vivo" diagnostic use for humans.

1. Except as provided in paragraphs "b" and "c" of this subrule, any person is exempt from the requirements for a license set forth in this chapter and in 641--41.2(136C) provided that such person receives, possesses, uses, transfers, owns, or acquires capsules containing 37 kBq 1[proportional]Ci carbon-14 urea (allowing for nominal variation that may occur during the manufacturing process) each, for "in vivo" diagnostic use for humans.

2. Any person who desires to use the capsules for research involving human subjects shall apply for and receive a specific license pursuant to 641--41.2(136C).

3. Any person who desires to manufacture, prepare,process, produce, package, repackage, or transfer for commercial distribution such capsules shall apply for and receive a specific license pursuant to 39.4(20) of this rule.

4. Nothing in this subrule relieves persons from complying with applicable FDA or other federal or state requirements governing receipt, administration, and use of drugs.

ITEM 7. Amend 39.4(22)"d"(3)"9" as follows:

9. Shall comply with the provisions of ~~641-- 40.95(136C) and 40.96(136C) for reporting radiation incidents, theft, or loss of licensed material, but shall be exempt from the other requirements of~~ 641--Chapter 40.

ITEM 8. Amend subrule 39.4(33) by adopting the following new paragraphs:

l. Prior to license termination, each licensee authorized to possess radioactive material with a half-life greater than 120 days, in an unsealed form, shall forward the following records to the agency:

(1) Disposal of licensed material (including burials authorized before January 28, 1981), made under 641-- 40.71(136C) through 40.74(136C); and

(2) Records required by 641--paragraph 40.82(2)"d."

m. If licensed activities are transferred or assigned in accordance with 39.4(32)"b," each licensee authorized to possess radioactive material with a half-life greater than 120 days, in an unsealed form, shall transfer the following rec-ords to the new licensee and the new licensee will be responsible for maintaining these records until the license is terminated:

(1) Records of disposal of licensed material (including burials authorized before January 28, 1981), made under 641--40.71(136C) through 40.74(136C); and

(2) Records required by 641--paragraph 40.82(2)"d."

n. Prior to license termination, each licensee shall forward the records required by 39.4(26)"g" to the agency.

ITEM 9. Amend subrule 40.1(5) as follows:

40.1(5) All references to Code of Federal Regulations (CFR) in this chapter are those in effect on or before July 1, ~~1998~~ 1999.

ITEM 10. Amend rule 641--40.10(136C) by adopting new subrule 40.10(4) as follows:

40.10(4) To implement the ALARA requirements of 40.10(2), and notwithstanding the requirements in 641-- 40.26(136C), a constraint on air emissions of radioactive material to the environment, excluding radon-222 and its daughters, shall be established by licensees such that the individual member of the public likely to receive the highest dose will not be expected to receive a total effective dose equivalent in excess of 10 mrem (0.1 mSv) per year from these emissions. If a licensee subject to this requirement exceeds this dose constraint, the licensee shall report the exceedance as provided in 641--40.97(136C) and promptly take appropriate corrective action to ensure against recurrence.

ITEM 11. Rescind subrule 40.26(1) and adopt the following new subrule in lieu thereof:

40.26(1) Each licensee or registrant shall conduct operations so that:

a. The total effective dose equivalent to individual members of the public from the licensed or registered operation does not exceed 0.1 rem (1 millisievert) in a year, exclusive of the dose contributions from background radiation, from any medical administration the individual has received, from exposure to individuals administered radioactive material and released in accordance with 641--subrule 41.2(27), from voluntary participation in medical research programs, and from the licensee's or registrant's disposal of radioactive material into sanitary sewerage in accordance with 641--40.72(136C); and

b. The dose in any unrestricted area from external sources, exclusive of the dose contributions from patients administered radioactive material and released in accordance with 641--subrule 41.2(27), does not exceed 0.002 rem (0.02 millisievert) in any one hour.

ITEM 12. Adopt the following new rules:

641--40.28(136C) Radiological criteria for license termination.

40.28(1) The criteria in this rule apply to the decommissioning of facilities licensed under 641--Chapter 39 as well as other facilities subject to the agency's jurisdiction under Iowa Code chapter 136C.

40.28(2) The criteria in this rule do not apply to sites which:

a. Have been decommissioned prior to July 1, 1999, in accordance with criteria identified in 641--subrule 39.4(33).

b. Have previously submitted and received agency approval on a license termination plan (LTP) or decommissioning plan that is compatible with the United States Nuclear Regulatory Commission (NRC) Site Decommissioning Management Plan (SDMP) Action Plan criteria; or

c. Submit a sufficient LTP or decommissioning plan prior to July 1, 1999, and such LTP or decommissioning plan is approved by the agency prior to July 1, 1999, except that if an environmental impact statement is required in the submittal, there will be a provision for day-to-day extension.

40.28(3) After a site has been decommissioned and the license terminated in accordance with the criteria in this chapter, the agency will require additional cleanup only if, based on new information, it determines that the criteria of this chapter were not met and residual radioactivity remaining at the site could result in significant threat to public health and safety.

40.28(4) When calculating TEDE to the average member of the critical group, the licensee shall determine the peak annual TEDE dose expected within the first 1000 years after decommissioning.

40.28(5) Public notification and public participation. Upon the receipt of an LTP or decommissioning plan from the licensee or a proposal by the licensee for release of a site pursuant to 40.30(136C) or 40.31(136C) or whenever the agency deems such notice to be in the public interest, the agency shall:

a. Notify and solicit comments from:

(1) Local and state governments in the vicinity of the site and any Indian nation or other indigenous people that have treaty or statutory rights that could be affected by the decommissioning; and

(2) The Environmental Protection Agency for cases where the licensee proposes to release a site pursuant to 40.31(136C).

b. Publish a notice in the Iowa Administrative Bulletin and in a forum, such as local newspapers, letters to state or local organizations, or other appropriate forum, that is readily accessible to individuals in the vicinity of the site, and solicit comments from affected parties.

40.28(6) Minimization of contamination. Applicants for licenses, other than renewals, after July 1, 1999, shall describe in the application how facility design and procedures for operation will minimize, to the extent practicable, contamination of the facility and the environment, facilitate eventual decommissioning, and minimize, to the extent practicable, the generation of radioactive waste.

641--40.29(136C) Radiological criteria for unrestricted use. A site will be considered acceptable for unrestricted use if the residual radioactivity that is distinguishable from background radiation results in a TEDE to an average member of the critical group that does not exceed 25 mrem (0.25 mSv) per year, including that from groundwater sources of drinking water, and the residual radioactivity has been reduced to levels that are ALARA. Determination of the levels which are ALARA must take into account consideration of any detriments, such as deaths from transportation accidents, expected to potentially result from decontamination and waste disposal.

641--40.30(136C) Criteria for license termination under restricted conditions. A site will be considered acceptable for license termination under restricted conditions if:

40.30(1) The licensee can demonstrate that reductions in residual radioactivity necessary to comply with the provisions of 40.29(136C) would result in net public or environmental harm or were not being made because the residual levels associated with restricted conditions are ALARA. Determination of the levels which are ALARA must take into account consideration of any detriments, such as traffic accidents, expected to potentially result from decontamination and waste disposal;

40.30(2) The licensee has made provisions for legally enforceable institutional controls that provide reasonable assurance that the TEDE from residual radioactivity distinguishable from background to the average member of the critical group will not exceed 25 mrem (0.25 mSv) per year;

40.30(3) The licensee has provided sufficient financial assurance to enable an independent third party, including a governmental custodian of a site, to assume and carry out responsibilities for any necessary control and maintenance of the site. Acceptable financial assurance mechanisms are:

a. Funds placed into an account segregated from the licensee's assets and outside the licensee's administrative control as described in 641--subparagraph 39.4(26)"f"(1);

b. Surety method, insurance or other guarantee method as described in 641--subparagraph 39.4(26)"f"(2);

c. A statement of intent in the case of federal, state,or local government licensees, as described in 641--subparagraph 39.4(26)"f"(4); or

d. When a governmental entity is assuming custody and ownership of a site, an arrangement that is deemed acceptable by such governmental entity.

40.30(4) The licensee has submitted a decommissioning plan or license termination plan (LTP) to the agency indicating the licensee's intent to decommission in accordance with 641--paragraph 39.4(33)"d" and specifying that the licensee intends to decommission by restricting use of the site. The licensee shall document in the LTP or decommissioning plan how the advice of individuals and institutions in the community, who may be affected by the decommissioning, has been sought and incorporated, as appropriate, following analysis of that advice. Licensees proposing to decommission by restricting use of the site shall seek advice from such affected parties regarding the following matters concerning the proposed decommissioning:

a. Whether provisions for institutional controls proposed by the licensee:

(1) Will provide reasonable assurance that the TEDE from residual radioactivity distinguishable from background to the average member of the critical group will not exceed 25 mrem (0.25 mSv) per year;

(2) Will be enforceable; and

(3) Will not impose undue burdens on the local community or other affected parties.

b. Whether the licensee has provided sufficient financial assurance to enable an independent third party, including a governmental custodian of a site, to assume and carry out responsibilities for any necessary control and maintenance of the site;

c. In seeking advice on the issues identified in 40.30(4)"a," the licensee shall provide for:

(1) Participation by representatives of a broad cross section of community interests who may be affected by the decommissioning;

(2) An opportunity for a comprehensive, collective discussion of the issues by the participants represented; and

(3) A publicly available summary of the results of all such discussions, including a description of the individual viewpoints of the participants on the issues and the extent of agreement and disagreement among the participants on the issues; and

40.30(5) Residual radioactivity at the site has been reduced so that if the institutional controls were no longer in effect, there is reasonable assurance that the TEDE from residual radioactivity distinguishable from background to the average member of the critical group is as low as reasonably achievable and would not exceed either:

a. 100 mrem (1 mSv) per year; or

b. 500 mrem (5 mSv) per year provided the licensee:

(1) Demonstrates that further reductions in residual radioactivity necessary to comply with the 100 mrem/yr(1 mSv/yr) value of 40.30(5)"a" are not technically achievable, would be prohibitively expensive, or would result in net public or environmental harm;

(2) Makes provisions for durable institutional controls; and

(3) Provides sufficient financial assurance to enable a responsible government entity or independent third party, including a governmental custodian of a site, both to carry out periodic rechecks of the site no less frequently than every five years to ensure that the institutional controls remain in place as necessary to meet the criteria of 40.30(2) and to assume and carry out responsibilities for any necessary controls and maintenance of those controls. Acceptable financial assurance mechanisms are those in subrule 40.30(3).

641--40.31(136C) Alternate criteria for license termination.

40.31(1) The agency may terminate a license using alternate criteria greater than the dose criterion of 641-- 40.29(136C), 40.30(2) and 40.30(4)"a"(1) if the licensee:

a. Provides assurance that public health and safety would continue to be protected and that it is unlikely that the dose from all man-made sources combined, other than medical, would be more than the 100 mrem/yr (1 mSv/yr) by submitting an analysis of possible sources of exposure;

b. Has employed, to the extent practical, restrictions on site use according to the provisions of 641--40.30(136C) in minimizing exposures at the site;

c. Reduces doses to ALARA levels taking into consideration any detriments such as traffic accidents expected to potentially result from decontamination and waste disposal; and

d. Has submitted a decommissioning plan or license termination plan (LTP) to the agency indicating the licensee's intent to decommission in accordance with 641--paragraph 39.4(33)"d," and specifying that the licensee proposes to decommission by use of alternate criteria. The licensee shall document in the decommissioning plan or LTP how the advice of individuals and institutions in the community, who may be affected by the decommissioning, has been sought and addressed, as appropriate, following analysis of that advice. In seeking such advice, the licensee shall provide for:

(1) Participation by representatives of a broad cross section of community interests who may be affected by the decommissioning;

(2) An opportunity for a comprehensive, collective discussion on the issues by the participants represented; and

40.31(2) The use of alternate criteria to terminate a license requires the approval of the agency after consideration of the staff's recommendations that will address any comments provided by the Environmental Protection Agency and any public comments submitted pursuant to 40.32(136C).

ITEM 13. Amend rule 641--40.97(136C), catchwords, as follows:

641--40.97(136C) Reports of exposures, radiation levels, and concentrations of radioactive material exceeding the constraints or limits.

ITEM 14. Amend 40.97(1)"b" by adopting the following new subparagraph:

(6) The ALARA constraints for air emissions established under 641--40.10(136C); or

ITEM 15. Rescind subparagraph 40.97(2)"a"(4) and adopt the following new subparagraph in lieu thereof:

(4) Corrective steps taken or planned to ensure against a recurrence, including the schedule for achieving conformance with applicable limits, ALARA constraints, generally applicable environmental standards, and associated license conditions. Each report filed pursuant to this paragraph must include the name, social security number, and date of birth for each occupationally overexposed individual. The report must be prepared so that this information is stated in a separate and detachable part of the report.

ITEM 16. Amend subrule 40.110(1) as follows:

40.110(1) Each licensee or registrant, except those registrants with diagnostic X-ray systems, shall post current copies of the following documents:

a. This subrule and 641--Chapter 40;

b. The license, certificate of registration, conditions or documents incorporated into the license by reference and amendments thereto;

c. The operating procedures applicable to activities under the license or registration; and

d. Any notice of violation involving radiological working conditions, proposed imposition of civil penalty, or order issued pursuant to 641--Chapter 38, and any response from the licensee or registrant.

ITEM 17. Amend subrule 41.1(3), paragraph "a," introductory paragraph, as follows:

a. Registrant. The registrant shall be responsible for maintaining ~~in accordance with manufacturer specifications~~ and directing the operation of the X-ray system(s) under the registrant's administrative control. and for having the following minimum tests performed every two years by a registered service facility:

1. Medical/chiropractic: timer accuracy, exposure reproducibility, kVp accuracy as set forth in 41.1(6), and light field/X-ray field alignment as set forth in 41.1(6).

2. Dental/podiatry: timer accuracy, exposure reproducibility and kVp accuracy as set forth in 41.1(7).

3. Fluoroscopic: entrance exposure rate (641-- 41.1(5)"c"), minimum SSD(641--41.1(5)"f").

4. Veterinary systems are exempt from the above testing requirements.

~~Where no manufacturer specifications are indicated, X-ray systems shall be serviced annually.~~ All service and installation shall be performed by persons registered under 641--subrule 39.3(3). The registrant or the registrant's agent shall ensure that the requirements of these rules are met in the operation of the X-ray system(s).

ITEM 18. Amend subrule 41.1(3), paragraph "a," by adopting new subparagraph (12) as follows:

(12) Fluoroscopic equipment shall be used only under the direct supervision of a licensed practitioner.

ITEM 19. Amend subrule 41.1(3), paragraph "c," as follows:

c. X-ray utilization log. Except for veterinary facilities, each facility shall maintain an X-ray log containing the patient's name, the type of examinations, the dates the examinations were performed, the name of the individual performing the X-ray procedure, and the number of exposures and retakes involved. When the patient or film must be provided with human auxiliary support, the name of the human holder shall be recorded.

ITEM 20. Amend subrule 41.1(5), paragraph "c," subparagraph (1), numbered paragraph "4," as follows:

4. Periodic measurement of entrance exposure rate shall be performed by a qualified expert for both typical and maximum values as follows: Such measurements shall be made annually or after any maintenance of the system which might affect the entrance exposure rate; results of these measurements shall be posted where any fluoroscopist may have ready access to such results while using the fluoroscope and in the record required in 41.1(3)"b"~~(5)~~(3). The measurement results shall be stated in roentgens per minute (coulombs per kilogram) and include the technique factors used in determining such results. The name of the individual performing the measurements and the date the measurements were performed shall be included in the results. Conditions of periodic measurements of entrance exposure rate are as follows:

* The measurement shall be made under the conditions that satisfy the requirements of 41.1(5)"c"(1)"2";

* The kVp mA, and other selectable parameters shall be adjusted to those settings typical of clinical use on a 23 cm thick abdominal patient;

* The X-ray system(s) that incorporates automatic exposure rate control shall have sufficient attenuative material placed in the useful beam to produce the maximum entrance exposure rate of the system.

ITEM 21. Amend subrule 41.1(6), paragraph "b," subparagraph (2), numbered paragraph "2," as follows:

2. Each X-ray control shall be located in such a way as to meet the following requirements: Stationary X-ray systems (except podiatry and veterinary units) shall be required to have the X-ray exposure switch permanently mounted in a protected area so that the operator is required to remain in that protected area during the entire exposure; and mobile and portable X-ray systems which are:

* Used for greater than one week in the same location, i.e., a room or suite, shall meet the requirements of 41.1(6)"b"(2)"2"; or

* Used for greater than one hour and less than one week at the same location, i.e., a room or suite, or in a clinical setting for routine extremities only, or where moving the X-ray system from room to room is impractical, shall meet the requirement of the above paragraph or be provided with a 6.5 foot (1.98 m) high protective barrier which is placed at least 2.7 meters (9 feet) from the tube housing assembly.

Stationary podiatric systems which do not meet the above requirements shall be provided with a 9-foot exposure button cord which allows the operator to remain behind a protective barrier during the entire exposure. If the protective barrier is moveable, written procedures must be on file at the facility, which dictate that the operator will remain behind the barrier during the entire exposure.

ITEM 22. Rescind subrule 41.2(27) and adopt the following new subrule in lieu thereof:

41.2(27) Release of patients or human research subjects containing radiopharmaceuticals or permanent implants.

a. The licensee may authorize the release from its control of any individual who has been administered radiopharmaceuticals or permanent implants containing radioactive material if the total effective dose equivalent to any other individual from exposure to the released individual is not likely to exceed 0.5 rem (5 mSv).

b. The licensee shall provide the released individual with instructions, including written instructions, on actions recommended to maintain doses to other individuals as low as is reasonably achievable if the total effective dose equivalent to any other individual is likely to exceed 0.1 rem(1 mSv). If the dose to a breast-feeding infant or child could exceed 0.1 rem (1 mSv) assuming there were no interruption of breast feeding, the instructions shall also include:

(1) Guidance on the interruption or discontinuation of breast feeding, and

(2) Information on the consequences of failure to follow the guidance.

c. The licensee shall maintain a record of the basis for authorizing the release of an individual, for three years after the date of release, if the total effective dose equivalent is calculated by:

(1) Using the retained activity rather than the activity administered,

(2) Using an occupancy factor less than 0.25 at 1 meter,

(3) Using the biological or effective half-life, or

(4) Considering the shielding by tissue.

d. The licensee shall maintain a record for three years after the date of release that instructions were provided to a breast-feeding woman if the radiation dose to the infant or child from continued breast feeding could result in a total effective dose equivalent exceeding 0.5 rem (5 mSv). IDPH Regulatory Guide, Release of Patients Administered Radioactive Materials describes methods for calculating doses to other individuals and contains tables of activities not likely to cause doses exceeding 0.5 rem (5 mSv).

ITEM 23. Amend subrule 41.3(10), paragraph "b," as follows:

b. The registrant maintains copies of all records specified in 41.3~~(4)"h"~~(5) for five years from the date of the last visit.

ITEM 24. Amend 41.3(17)"d"(1) as follows:

(1) Periodic quality assurance checks shall be performed on therapeutic radiation machines, subject to ~~41.3(6)~~ 41.3(17), which are capable of operation at greater than or equal to 50 kV.

ITEM 25. Amend 41.3(18)"e"(2) as follows:

(2) To satisfy the requirement of 41.3(18)"e"(1), full calibration shall include all measurements required for annual calibration by Appendix F D of 641--Chapter 41.

ITEM 26. Amend 41.3(18)"f"(2) as follows:

(2) To satisfy the requirement of 41.3(18)"f"(1), quality assurance checks shall include determination of central axis radiation output and a representative sampling of periodic quality assurance checks contained in Appendix F D of 641--Chapter 41. Representative sampling shall include all referenced periodic quality assurance checks at intervals not to exceed 12 consecutive calendar months;

ITEM 27. Amend subrule 41.3(19), paragraph "b," as follows:

b. Facility design information for all new installations of a therapeutic radiation machine or installations of a therapeutic radiation machine of higher energy into a room not previously approved for that energy shall be submitted for agency approval prior to actual installation of the therapeutic radiation machine. The minimum facility design information that must be submitted is contained in Appendix G E of 641--Chapter 41.

ITEM 28. Amend 42.1(2) as follows:

Rescind the definition of "NRC."

Adopt the following new definitions in alphabetical order:

"Radiation therapist" means a person, other than a licensed physician, who performs radiation therapy technology under the supervision of a radiation oncologist.

"Radiation therapy technology" means the science and art of performing simulation radiography or applying ionizing radiation emitted from X-ray machines, particle accelerators, or radioactive materials to human beings for therapeutic purposes.

ITEM 29. Amend subrule 42.2(3), paragraph "c," as follows:

c. Continuing education credit will be awarded under provisions of 42.2(3) by the department to individuals:

(1) Who have successfully completed a continuing education course which has been approved by the department.

(2) Who present a department-approved continuing education course to individuals certified in the presenter's field. Credit granted shall be at a rate of two times the amount of time it takes to present the course up to a maximum of 50 percent of the total hours required.

(3) Only once during a two-year period for the same continuing education course.

ITEM 30. Amend 641--Chapter 45, title, as follows:

CHAPTER 45
RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL~~/NON MEDICAL USE OF RADIOACTIVE MATERIALS AND RADIATION PRODUCING MACHINES~~ RADIOGRAPHIC OPERATIONS

ITEM 31. Amend subrule 45.1(1) as follows:

45.1(1) Purpose and scope. The rules in this chapter establish radiation safety requirements for using sources of radiation for industrial radiography. The requirements of this chapter are in addition to, and not in substitution for, other applicable requirements of 641--Chapters 38, 39, and 40. The rules in this chapter apply to all licensees or registrants who use sources of radiation for industrial radiography. All references to any Code of Federal Regulations (CFR) in this chapter are those in effect as of July 1, ~~1998~~ 1999.

The provisions of 641--Chapter 38 are in addition to, and not in substitution for, any other applicable portions of 641--Chapters 39 to 45.

ITEM 32. Amend 45.1(10)"a"(2) as follows:

(2) The individual possesses a current agency-issued trainee status card issued after completion of 45.1(10)"a"(1). Trainee status will be granted only once for each individual and is valid for no longer than two years.

ITEM 33. Amend 45.1(10)"c" as follows:

c. Radiographer trainer. No individual shall act as a radiographer trainer unless such individual:

(1) Has met the requirements of 45.1(10)"a"(1) and "b";

(2) Has one year of documented experience as an industrial radiographer; and

(3) Is named on the specific license or certificate of registration issued by the agency and under which an individual is acting as a radiographer trainer. , or

(4) Possesses a valid radiographer trainer card issued by the agency.

ITEM 34. Amend rule 641--46.1(136D), first unnumbered paragraph, as follows:

~~References to CFRs in this chapter are those in effect on October 1, 1996, and any additional amendments.~~ All references to Code of Federal Regulations (CFR) in this chapter are those in effect as of July 1, 1999.

ITEM 35. Amend subrule 46.5(6), paragraph "a," as follows:

a. There shall be physical barriers to protect consumers from injury induced by ~~touching or~~ falling against or breaking the lamps.

[Filed 4/2/99, effective 7/1/99]

[Published 4/21/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 4/21/99.

ARC 8920A

REVENUE AND FINANCE DEPARTMENT[701]

Adopted and Filed

Pursuant to the authority of Iowa Code sections 421.17(19) and 422.68, the Department of Revenue and Finance hereby amends Chapter 201, "Auditing Claims," Iowa Administrative Code.

Notice of Intended Action was published in IAB Volume XXI, Number 18, page 1645, on February 24, 1999, as ARC 8711A.

Subrule 201.1(2) implements Iowa Code section 421.40 created in 1998 Iowa Acts, chapter 1164, section 39, which allows state departments to enter into written contracts for goods and services on payment terms of less than 60 days if the state may obtain a financial benefit or incentive which would not otherwise be available from the vendor. Departments taking advantage of this provision must maintain written documentation demonstrating that the Department obtained a financial benefit or incentive which would not otherwise have been available from the vendor.

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

This amendment will become effective May 26, 1999, after filing with the Administrative Rules Coordinator and publication in the Iowa Administrative Bulletin.

This amendment is intended to implement Iowa Code section 421.40.

The following amendment is adopted.

Amend subrule 201.1(2) as follows:

201.1(2) Interest on claims. Any claim received ~~after January 1, 1984,~~ for services, supplies, materials or a contract which is payable from the state treasury that remains unpaid after 60 days following the receipt of the claim or the satisfactory delivery, furnishing or performance of the services, supplies, materials or contract whichever date is later, the state shall pay interest at the rate of 1 percent per month on the unpaid amount of the claim. After July 1, 1998, departments may enter into written contracts for goods and services on payment terms of less than 60 days if the state may obtain a financial benefit or incentive which would not otherwise be available from the vendor. All departments entering into written contracts for goods and services on payment terms of less than 60 days shall maintain written documentation demonstrating that the department obtained a financial benefit or incentive which would not otherwise have been available from the vendor. This paragraph does not apply to claims against the state under Iowa Code chapters 25 and 669 or the claims paid by federal funds. The interest shall be charged to the appropriation or fund to which the claim is certified.

[Filed 3/31/99, effective 5/26/99]

[Published 4/21/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 4/21/99.

ARC 8922A

STATUS OF WOMEN DIVISION[435]

Adopted and Filed

Pursuant to the authority of Iowa Code section 216A.54, the Division on the Status of Women hereby amends Chapter 5, "Displaced Homemakers," Iowa Administrative Code.

These amendments bring the state definition into line with the federal definition, present a more positive label for involved citizens, and allow for job-related travel out of state.

Notice of Intended Action was published in the February 24, 1999, Iowa Administrative Bulletin as ARC 8715A. No public comment was received on these amendments. The adopted amendments are identical to those published under Notice.

These amendments will become effective on May 26, 1999.

These amendments are intended to implement Iowa Code chapter 216A.

The following amendments are adopted.

ITEM 1. Amend the title of 435--Chapter 5 as follows:

~~DISPLACED HOMEMAKERS~~
IOWANS IN TRANSITION

ITEM 2. Amend rule 435--5.1(216A) as follows:

435--5.1(216A) Definitions. ~~"Displaced homemaker"~~ "Iowan in transition" means an individual who meets the following criteria:

1. Has worked principally in the home providing unpaid household services for family members;

2. Is unemployed or underemployed;

3. Has had, or would apparently have, difficulty finding appropriate paid employment; and

4. Is or has been dependent on the income of another family member but is no longer supported by that income, is or has been dependent on government assistance, or is supported as the parent of a minor; or

5. Is a female offender, or a female who has a record of criminal offense.

ITEM 3. Amend rule 435--5.2(216A) as follows:

435--5.2(216A) Program eligibility. In any year in which the legislature appropriates funds, the department of human rights division on the status of women shall provide moneys for certain selected programs to provide services to ~~displaced homemakers~~ Iowans in transition. The amount of money provided shall be contingent upon the amount of funds available. Programs shall include the provision of intake, assessment, planning and personal counseling services. Only nonprofit organizations or governmental units are eligible.

ITEM 4. Amend rule 435--5.4(216A), numbered paragraph "5," as follows:

5. The plan for using the funds; funds may be used for salaries, fringe benefits, contract services, job-related ~~in-state~~ travel, and operational expenses.

ITEM 5. Amend rule 435--5.5(216A), numbered paragraph "1," as follows:

1. An applicant denied assistance or who wishes to file a complaint about the ~~displaced homemakers~~ Iowans in transition program has ten days from the date of denial or complaint action to submit an appeal in writing to the administrator of the division on the status of women.

[Filed 4/1/99, effective 5/26/99]

[Published 4/21/99]

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 4/21/99.

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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. 25 '98	Jan. 13 '99	Feb. 2 '99	Feb. 17 '99	Feb. 19 '99	Mar. 10 '99	Apr. 14 '99	July 12 '99
Jan. 8	Jan. 27	Feb. 16	Mar. 3	Mar. 5	Mar. 24	Apr. 28	July 26
Jan. 22	Feb. 10	Mar. 2	Mar. 17	Mar. 19	Apr. 7	May 12	Aug. 9
Feb. 5	Feb. 24	Mar. 16	Mar. 31	Apr. 2	Apr. 21	May 26	Aug. 23
Feb. 19	Mar. 10	Mar. 30	Apr. 14	Apr. 16	May 5	June 9	Sept. 6
Mar. 5	Mar. 24	Apr. 13	Apr. 28	Apr. 30	May 19	June 23	Sept. 20
Mar. 19	Apr. 7	Apr. 27	May 12	May 14	June 2	July 7	Oct. 4
Apr. 2	Apr. 21	May 11	May 26	May 28	June 16	July 21	Oct. 18
Apr. 16	May 5	May 25	June 9	June 11	June 30	Aug. 4	Nov. 1
Apr. 30	May 19	June 8	June 23	June 25	July 14	Aug. 18	Nov. 15
May 14	June 2	June 22	July 7	July 9	July 28	Sept. 1	Nov. 29
May 28	June 16	July 6	July 21	July 23	Aug. 11	Sept. 15	Dec. 13
June 11	June 30	July 20	Aug. 4	Aug. 6	Aug. 25	Sept. 29	Dec. 27
June 25	July 14	Aug. 3	Aug. 18	Aug. 20	Sept. 8	Oct. 13	Jan. 10 '00
July 9	July 28	Aug. 17	Sept. 1	Sept. 3	Sept. 22	Oct. 27	Jan. 24 '00
July 23	Aug. 11	Aug. 31	Sept. 15	Sept. 17	Oct. 6	Nov. 10	Feb. 7 '00
Aug. 6	Aug. 25	Sept. 14	Sept. 29	Oct. 1	Oct. 20	Nov. 24	Feb. 21 '00
Aug. 20	Sept. 8	Sept. 28	Oct. 13	Oct. 15	Nov. 3	Dec. 8	Mar. 6 '00
Sept. 3	Sept. 22	Oct. 12	Oct. 27	Oct. 29	Nov. 17	Dec. 22	Mar. 20 '00
Sept. 17	Oct. 6	Oct. 26	Nov. 10	Nov. 12	Dec. 1	Jan. 5 '00	Apr. 3 '00
Oct. 1	Oct. 20	Nov. 9	Nov. 24	Nov. 26	Dec. 15	Jan. 19 '00	Apr. 17 '00
Oct. 15	Nov. 3	Nov. 23	Dec. 8	Dec. 10	Dec. 29	Feb. 2 '00	May 1 '00
Oct. 29	Nov. 17	Dec. 7	Dec. 22	Dec. 24	Jan. 12 '00	Feb. 16 '00	May 15 '00
Nov. 12	Dec. 1	Dec. 21	Jan. 5 '00	Jan. 7 '00	Jan. 26 '00	Mar. 1 '00	May 29 '00
Nov. 26	Dec. 15	Jan. 4 '00	Jan. 19 '00	Jan. 21 '00	Feb. 9 '00	Mar. 15 '00	June 12 '00
Dec. 10	Dec. 29	Jan. 18 '00	Feb. 2 '00	Feb. 4 '00	Feb. 23 '00	Mar. 29 '00	June 26 '00
Dec. 24	Jan. 12 '00	Feb. 1 '00	Feb. 16 '00	Feb. 18 '00	Mar. 8 '00	Apr. 12 '00	July 10 '00
Jan. 7 '00	Jan. 26 '00	Feb. 15 '00	Mar. 1 '00	Mar. 3 '00	Mar. 22 '00	Apr. 26 '00	July 24 '00

PRINTING SCHEDULE FOR IAB
ISSUE NUMBER	SUBMISSION DEADLINE	ISSUE DATE
24	Friday, April 30, 1999	May 19, 1999
25	Friday, May 14, 1999	June 2, 1999
26	Friday, May 28, 1999	June 16, 1999

AGENCY	HEARING LOCATION	DATE AND TIME OF HEARING
AGRICULTURAL DEVELOPMENT AUTHORITY[25]
Agency procedures, 1.4 to 1.9, chs 7, 9, 10 IAB 3/24/99 ARC 8818A	Conference Room 505 Fifth Ave., Suite 327 Des Moines, Iowa	April 28, 1999 9:30 a.m.
DEAF SERVICES DIVISION[429]
Agency procedures, chs 6 to 9 IAB 4/7/99 ARC 8860A	Director's Conference Room Lucas State Office Bldg. Des Moines, Iowa	April 27, 1999 10 a.m.
DENTAL EXAMINERS BOARD[650]
Declaratory orders, 7.3, ch 9 IAB 3/24/99 ARC 8829A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Ave. Des Moines, Iowa	April 21, 1999 1 p.m.
Continuing education, 25.2(10) IAB 3/24/99 ARC 8827A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Ave. Des Moines, Iowa	April 21, 1999 1 p.m.
Complaints, 31.5 to 31.15 IAB 3/24/99 ARC 8828A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Ave. Des Moines, Iowa	April 21, 1999 1 p.m.
Contested cases, ch 51 IAB 3/24/99 ARC 8826A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Ave. Des Moines, Iowa	April 21, 1999 1 p.m.
ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]
Emergency shelter grants program, ch 24 IAB 4/7/99 ARC 8913A	Main Conference Room 200 E. Grand Ave. Des Moines, Iowa	April 27, 1999 3:30 p.m.
Homeless shelter operation grants program, ch 29 IAB 4/7/99 ARC 8914A	Main Conference Room 200 E. Grand Ave. Des Moines, Iowa	April 27, 1999 3:30 p.m.
Use of marketing logo, ch 72 IAB 4/7/99 ARC 8911A	Business Finance Conference Room First Floor 200 E. Grand Ave. Des Moines, Iowa	May 4, 1999 1:30 p.m.
EDUCATIONAL EXAMINERS BOARD[282]
Student loan default/noncompliance with agreement for payment of obligation, ch 9 IAB 4/7/99 ARC 8898A	Conference Room 3 North--3rd Floor Grimes State Office Bldg. Des Moines, Iowa	May 4, 1999 10 a.m.
EDUCATION DEPARTMENT[281]
General accreditation standards, 12.1 to 12.9 IAB 4/7/99 ARC 8896A	ICN Network Grimes State Office Bldg., Des Moines (Origination Site) Alta High School Iowa State University, Ames Clarinda Guard Armory Council Bluffs AEA Southwestern Community College, Creston Eagle Grove Guard Armory Emmetsburg High School Knoxville Guard Armory Sioux Center Middle School Sioux City Central Campus	April 27, 1999 6:30 to 8 p.m.
	ICN Network Grimes State Office Bldg., Des Moines (Origination Site) Community College, Bettendorf Notre Dame High School, Burlington Cedar Falls AEA Cedar Rapids Guard Armory Clinton Community College Elkader High School Marshalltown AEA Mason City High School Ottumwa High School Washington Guard Armory	April 28, 1999 6:30 to 8 p.m.
	Board Room--2nd Floor Educational Services Center 346 2nd Ave. SW Cedar Rapids, Iowa	May 3, 1999 6:30 to 8 p.m.
	High School Auditorium 1015 Division St. Cedar Falls, Iowa	May 6, 1999 6:30 to 8 p.m.
	High School Auditorium 601 W. Townline Creston, Iowa	May 17, 1999 6:30 to 8 p.m.
	South Elementary Auditorium 310 Cayuga Storm Lake, Iowa	May 24, 1999 6:30 to 8 p.m.
	High School Auditorium 307 E. Monroe Mount Pleasant, Iowa	May 27, 1999 6:30 to 8 p.m.
ENVIRONMENTAL PROTECTION COMMISSION[567]
Public and private drinking water, 40.1 to 40.7 IAB 4/7/99 ARC 8903A	Conference Room--4th Floor Wallace State Office Bldg. Des Moines, Iowa	May 4, 1999 10 a.m.
	Hanson Room 8--Siebens Forum Buena Vista College 4th and Grand Ave. Storm Lake, Iowa	May 6, 1999 10 a.m.
	Muse-Norris Conference Room North Iowa Area Community College 500 College Dr. Mason City, Iowa	May 24, 1999 10 a.m.
	Community Room (upstairs/back entrance) 101 E. Main St. Manchester, Iowa	May 25, 1999 10 a.m.
	Room A Public Library 123 S. Linn St. Iowa City, Iowa	May 26, 1999 10 a.m.
	Conference Room Municipal Utilities 15 W. 3rd St. Atlantic, Iowa	May 27, 1999 10 a.m.
Water supplies, amendments to ch 41, IAB 4/7/99 ARC 8902A	Conference Room--4th Floor Wallace State Office Bldg. Des Moines, Iowa	May 4, 1999 10 a.m.
	Hanson Room 8--Siebens Forum Buena Vista College 4th and Grand Ave. Storm Lake, Iowa	May 6, 1999 10 a.m.
	Muse-Norris Conference Room North Iowa Area Community College 500 College Dr. Mason City, Iowa	May 24, 1999 10 a.m.
	Community Room (upstairs/back entrance) 101 E. Main St. Manchester, Iowa	May 25, 1999 10 a.m.
	Room A Public Library 123 S. Linn St. Iowa City, Iowa	May 26, 1999 10 a.m.
	Conference Room Municipal Utilities 15 W. 3rd St. Atlantic, Iowa	May 27, 1999 10 a.m.
ENVIRONMENTAL PROTECTION COMMISSION[567] (Cont'd)
Public notification, public education, consumer confidence reports, reporting, and record maintenance, ch 42 IAB 4/7/99 ARC 8901A	Conference Room--4th Floor Wallace State Office Bldg. Des Moines, Iowa	May 4, 1999 10 a.m.
	Hanson Room 8--Siebens Forum Buena Vista College 4th and Grand Ave. Storm Lake, Iowa	May 6, 1999 10 a.m.
	Muse-Norris Conference Room North Iowa Area Community College 500 College Dr. Mason City, Iowa	May 24, 1999 10 a.m.
	Community Room (upstairs/back entrance) 101 E. Main St. Manchester, Iowa	May 25, 1999 10 a.m.
	Room A Public Library 123 S. Linn St. Iowa City, Iowa	May 26, 1999 10 a.m.
	Conference Room Municipal Utilities 15 W. 3rd St. Atlantic, Iowa	May 27, 1999 10 a.m.
Water supplies--design and operation, 43.1 to 43.3, 43.5, 43.7, 43.8 IAB 4/7/99 ARC 8905A	Conference Room--4th Floor Wallace State Office Bldg. Des Moines, Iowa	May 4, 1999 10 a.m.
	Hanson Room 8--Siebens Forum Buena Vista College 4th and Grand Ave. Storm Lake, Iowa	May 6, 1999 10 a.m.
	Muse-Norris Conference Room North Iowa Area Community College 500 College Dr. Mason City, Iowa	May 24, 1999 10 a.m.
	Community Room (upstairs/back entrance) 101 E. Main St. Manchester, Iowa	May 25, 1999 10 a.m.
	Room A Public Library 123 S. Linn St. Iowa City, Iowa	May 26, 1999 10 a.m.
	Conference Room Municipal Utilities 15 W. 3rd St. Atlantic, Iowa	May 27, 1999 10 a.m.
Aquifer storage and recovery, ch 55 IAB 4/7/99 ARC 8909A	Conference Room--4th Floor Wallace State Office Bldg. Des Moines, Iowa	May 4, 1999 10 a.m.
ENVIRONMENTAL PROTECTION COMMISSION[567] (Cont'd)	Hanson Room 8--Siebens Forum Buena Vista College 4th and Grand Ave. Storm Lake, Iowa	May 6, 1999 10 a.m.
	Muse-Norris Conference Room North Iowa Area Community College 500 College Dr. Mason City, Iowa	May 24, 1999 10 a.m.
	Community Room (upstairs/back entrance) 101 E. Main St. Manchester, Iowa	May 25, 1999 10 a.m.
	Room A Public Library 123 S. Linn St. Iowa City, Iowa	May 26, 1999 10 a.m.
	Conference Room Municipal Utilities 15 W. 3rd St. Atlantic, Iowa	May 27, 1999 10 a.m.
Laboratory certification, 83.1 to 83.7 IAB 4/7/99 ARC 8910A	Conference Room--4th Floor Wallace State Office Bldg. Des Moines, Iowa	May 4, 1999 10 a.m.
	Hanson Room 8--Siebens Forum Buena Vista College 4th and Grand Ave. Storm Lake, Iowa	May 6, 1999 10 a.m.
	Muse-Norris Conference Room North Iowa Area Community College 500 College Dr. Mason City, Iowa	May 24, 1999 10 a.m.
	Community Room upstairs/back entrance) 101 E. Main St. Manchester, Iowa	May 25, 1999 10 a.m.
	Room A Public Library 123 S. Linn St. Iowa City, Iowa	May 26, 1999 10 a.m.
	Conference Room Municipal Utilities 15 W. 3rd St. Atlantic, Iowa	May 27, 1999 10 a.m.
Organic materials composting facilities, ch 105 IAB 4/7/99 ARC 8907A	West Conference Room--5th Floor Wallace State Office Bldg. Des Moines, Iowa	April 27, 1999 10 a.m.
PERSONS WITH DISABILITIES DIVISION[431]
Agency procedures, 1.2, chs 4 to 6 IAB 4/7/99 ARC 8859A	Director's Conference Room Lucas State Office Bldg. Des Moines, Iowa	April 27, 1999 10 a.m.
PROFESSIONAL LICENSURE DIVISION[645]
Barber examiners, 20.201 to 20.213, 20.300; rescind chs 23 to 27, 29 IAB 4/7/99 ARC 8891A	Conference Room--5th Floor Lucas State Office Bldg. Des Moines, Iowa	April 28, 1999 9 to 11 a.m.
Behavioral science examiners, rescind 31.7, 31.11 to 31.20, chs 32 to 34, 36 to 39 IAB 4/7/99 ARC 8890A	Conference Room--5th Floor Lucas State Office Bldg. Des Moines, Iowa	April 28, 1999 9 to 11 a.m.
Cosmetology, rescind 65.1 to 65.11, 65.13, 65.101, chs 66 to 71 IAB 4/7/99 ARC 8889A	Conference Room--5th Floor Lucas State Office Bldg. Des Moines, Iowa	April 28, 1999 9 to 11 a.m.
Dietetic examiners, rescind 80.200 to 80.213, 80.215 to 80.219, chs 86 to 91 IAB 4/7/99 ARC 8888A	Conference Room--5th Floor Lucas State Office Bldg. Des Moines, Iowa	April 28, 1999 9 to 11 a.m.
Mortuary science examiners, rescind 101.201 to 101.209, 201.211; amend 101.212; rescind chs 102 to 104, 109, 114, 115 IAB 4/7/99 ARC 8885A	Conference Room--5th Floor Lucas State Office Bldg. Des Moines, Iowa	April 28, 1999 9 to 11 a.m.
Hearing aid dealers, rescind 120.201 to 120.211, 120.213, 120.300, chs 121 to 125, 129 IAB 4/7/99 ARC 8887A	Conference Room--5th Floor Lucas State Office Bldg. Des Moines, Iowa	April 28, 1999 9 to 11 a.m.
Massage therapy examiners, rescind 131.6 to 131.16; amend 131.17(2); rescind chs 136 to 139 IAB 4/7/99 ARC 8886A	Conference Room--5th Floor Lucas State Office Bldg. Des Moines, Iowa	April 28, 1999 9 to 11 a.m.
Nursing home administrators, amend 141.12; rescind 141.13, chs 144 to 148 IAB 4/7/99 ARC 8884A	Conference Room--5th Floor Lucas State Office Bldg. Des Moines, Iowa	April 28, 1999 9 to 11 a.m.
Optometry examiners, rescind 180.101 to 180.114, 180.116 to 180.122, 180.300, chs 186 to 191 IAB 4/7/99 ARC 8883A	Conference Room--5th Floor Lucas State Office Bldg. Des Moines, Iowa	April 28, 1999 9 to 11 a.m.
Physical and occupational therapy examiners, 201.18 to 201.26, 202.16 to 202.23; rescind 202.25, 202.26, chs 204 to 209 IAB 4/7/99 ARC 8880A	Conference Room--5th Floor Lucas State Office Bldg. Des Moines, Iowa	April 28, 1999 9 to 11 a.m.
PROFESSIONAL LICENSURE DIVISION[645] (Cont'd)
Podiatry examiners, rescind 220.201 to 220.211, 220.213, 220.300, chs 225 to 230 IAB 4/7/99 ARC 8881A	Conference Room--5th Floor Lucas State Office Bldg. Des Moines, Iowa	April 28, 1999 9 to 11 a.m.
Respiratory care examiners, 260.18 to 260.28, 260.30 to 260.34; rescind chs 261, 262, 269 IAB 4/7/99 ARC 8879A	Conference Room--5th Floor Lucas State Office Bldg. Des Moines, Iowa	April 28, 1999 9 to 11 a.m.
Speech pathology and audiology examiners, 301.101 to 301.113; rescind chs 303 to 307, 309 IAB 4/7/99 ARC 8878A	Conference Room--5th Floor Lucas State Office Bldg. Des Moines, Iowa	April 28, 1999 9 to 11 a.m.
Physician assistant examiners, 325.11 to 325.14; rescind chs 326, 327 IAB 4/7/99 ARC 8882A	Conference Room--5th Floor Lucas State Office Bldg. Des Moines, Iowa	April 28, 1999 9 to 11 a.m.
PUBLIC SAFETY DEPARTMENT[661]
Fire safety for small group homes, 5.620(1) IAB 4/21/99 ARC 8928A	Conference Room--3rd Floor Wallace State Office Bldg. Des Moines, Iowa	May 17, 1999 9:30 a.m.
Fire safety for schools and colleges, 5.650 to 5.657, 5.659 to 5.666, 5.675, 5.700 to 5.714, 5.749 to 5.752, 5.754, 5.756, 5.758 to 5.765, 5.775 IAB 4/21/99 ARC 8929A	Conference Room--3rd Floor Wallace State Office Bldg. Des Moines, Iowa	May 17, 1999 9 a.m.
Criminal history record checks, 11.2, 11.5, 11.21 IAB 4/7/99 ARC 8895A	Conference Room--3rd Floor West Half Wallace State Office Bldg. Des Moines, Iowa	May 3, 1999 9:30 a.m.
SECRETARY OF STATE[721]
Alternative voting systems, 22.5(3), 22.40, 22.41, 22.461, 22.462 IAB 4/7/99 ARC 8893A	Office of Secretary of State Second Floor Hoover State Office Bldg. Des Moines, Iowa	April 27, 1999 1:30 p.m.
STATUS OF AFRICAN-AMERICANS, DIVISION ON THE[434]
Agency procedures, chs 3 to 6 IAB 4/7/99 ARC 8862A	Director's Conference Room Lucas State Office Bldg. Des Moines, Iowa	April 27, 1999 10 a.m.
UTILITIES DIVISION[199]
Refunds and back billing, 19.4(13), 20.4(14), 21.4(6), 22.4(3) IAB 4/21/99 ARC 8921A	Utilities Board's Hearing Room 350 Maple St. Des Moines, Iowa	June 2, 1999 10 a.m.

BEFORE THE IOWA FINANCE AUTHORITY
Petition by (Name of Petitioner) for a Declaratory Order on (Cite provisions of law involved).	}	PETITION FOR DECLARATORY ORDER

BEFORE THE IOWA FINANCE AUTHORITY
Petition by (Name of Original Petitioner) for a Declaratory Order on (Cite provisions of law cited in original petition).	}	PETITION FOR INTERVENTION

DEPARTMENT OF COMMERCE SAVINGS AND LOAN DIVISION
Petition by (Name of Petitioner) for the (adoption, amendment, or repeal) of rules relating to (state subject matter).	}	PETITION FOR RULE MAKING