ACCOUNTANCY EXAMINING BOARD[193A]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Filed, Agency procedures, 1.1, 2.17 to 2.28,
ch 12 ARC 9019A 2826

AGENDA

Administrative rules review committee 2783

AGRICULTURAL DEVELOPMENT
AUTHORITY[25]

AGRICULTURE AND LAND STEWARDSHIP
DEPARTMENT[21]"umbrella"

Filed, Agency procedures, 1.4 to 1.9, chs 7, 9,
10 ARC 9041A 2826

AGRICULTURE AND LAND STEWARDSHIP
DEPARTMENT[21]

Filed, Agency procedures, chs 2, 4, 5
ARC 9040A 2826

ALCOHOLIC BEVERAGES DIVISION[185]

COMMERCE DEPARTMENT[181]"umbrella"

Filed, Agency procedures; licenses and permits,
chs 2, 3, 10; rescind 5.10 to 5.19 and chs 9
and 13; amendments ch 12 ARC 8988A 2827

ALL AGENCIES

Schedule for rule making 2781

Publication procedures 2782

Agency identification numbers 2793

APPEAL BOARD, STATE[543]

MANAGEMENT DEPARTMENT[541]"umbrella"

Filed, Agency procedures, 2.4, 5.3, ch 7
ARC 9034A 2827

BANKING DIVISION[187]

COMMERCE DEPARTMENT[181]"umbrella"

Filed, Agency procedures, chs 5, 6, 11
ARC 9013A 2827

CITATION OF ADMINISTRATIVE RULES 2792

CITY FINANCE COMMITTEE[545]

MANAGEMENT DEPARTMENT[541]"umbrella"

Filed, Agency procedures, ch 6, 7.5(5), 7.6,
7.10 ARC 9035A 2828

CIVIL RIGHTS COMMISSION[161]

Notice, Discriminatory housing, 9.2 to 9.28
ARC 9017A 2795

Filed, Agency procedures, 1.2, 1.4, 4.1 to
4.33 ARC 8982A 2828

COMMUNITY ACTION AGENCIES DIVISION[427]

HUMAN RIGHTS DEPARTMENT[421]"umbrella"

Filed, Agency procedures, chs 3, 4, 6, 7
ARC 9015A 2828

COUNTY FINANCE COMMITTEE[547]

MANAGEMENT DEPARTMENT[541]"umbrella"

Filed, Agency procedures, ch 7, 8.5(5), 8.6,
8.10 ARC 9036A 2829

CREDIT UNION DIVISION[189]

COMMERCE DEPARTMENT[181]"umbrella"

Filed, Agency procedures, rescind 4.2, 4.3,
adopt chs 20 to 22 ARC 9039A 2829

CRIMINAL AND JUVENILE JUSTICE
PLANNING DIVISION[428]

HUMAN RIGHTS DEPARTMENT[421]"umbrella"

Filed, Agency procedures, chs 6 to 8
ARC 8989A 2829

CULTURAL AFFAIRS DEPARTMENT[221]

Filed, Agency procedures, 1.1, 1.2, 1.4 to 1.7,
chs 3, 4 ARC 8987A 2830

DENTAL EXAMINERS BOARD[650]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Notice, Monitoring of nitrous oxide inhalation
analgesia by dental hygienists, 29.6
ARC 8996A 2801

Filed, Agency procedures, 7.3, ch 9
ARC 8999A 2830

DENTAL EXAMINERS BOARD[650] (Cont'd)

Filed, Complaints and investigations, 31.5 to
31.15 ARC 8998A 2831

Filed, Contested cases, ch 51 ARC 8995A 2832

ECONOMIC DEVELOPMENT, IOWA
DEPARTMENT OF[261]

Filed, CDBG--disaster recovery fund, 23.14,
23.15 ARC 8985A 2833

Filed, Local housing assistance program, 28.9(3)
ARC 8984A 2833

Filed, CEBA--venture project, 53.2, 53.6, 53.7,
53.9 to 53.16 ARC 8983A 2834

Filed, Agency procedures, chs 101 to 103
ARC 8986A 2835

ENVIRONMENTAL PROTECTION
COMMISSION[567]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Notice, Agency procedures, chs 4 to 6
ARC 9038A 2801

Notice, Wastewater construction and operation
permits, 64.6(6), 64.15(2) ARC 9037A 2802

EXECUTIVE DEPARTMENT

Proclamation--constitutional amendments
special election 2863

Proclamation of disaster emergency 2865

HUMAN RIGHTS DEPARTMENT[421]

Filed, Agency procedures, 2.1, 2.3(1), 2.6,
chs 3 to 6 ARC 9000A 2836

HUMAN SERVICES DEPARTMENT[441]

Notice, Rebasing and recalibration of hospital
costs, 79.1 ARC 8990A 2803

Notice, Collection of child support, 95.1 to 95.3,
95.6, 95.7(9), 95.13, 95.14, 95.18 to 95.22,
ch 97 ARC 8994A 2806

INSPECTIONS AND APPEALS DEPARTMENT[481]

Filed, Contested case hearings, 1.6, 10.1, 10.29
ARC 8991A 2836

Filed, Agency procedures, ch 3, 4.5(5), 4.6, 4.10
ARC 8993A 2838

INSURANCE DIVISION[191]

COMMERCE DEPARTMENT[181]"umbrella"

Filed, Agency procedures, chs 2 to 4
ARC 9016A 2839

Filed, Limited service organizations, ch 41
ARC 9023A 2839

Filed, Investment advisers and investment adviser
representatives, 50.106, 50.107 ARC 9018A 2840

LANDSCAPE ARCHITECTURAL EXAMINING
BOARD[193D]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Filed, Agency procedures, 1.1, ch 4, 5.17,
ch 8 ARC 9020A 2841

LATINO AFFAIRS DIVISION[433]

HUMAN RIGHTS DEPARTMENT[421]"umbrella"

Filed, Agency procedures, chs 3 to 5, 7
ARC 9031A 2841

LOTTERY DIVISION[705]

REVENUE AND FINANCE DEPARTMENT[701]"umbrella"

Filed, Prize payment; agency procedures;
financial responsibility, 1.29, 2.16,
amendments to ch 6, new ch 7, 13.23,
ch 14 ARC 9014A 2841

MANAGEMENT DEPARTMENT[541]

Filed, Agency procedures, ch 6, 7.5(5), 7.6,
7.10 ARC 9032A 2842

MEDICAL EXAMINERS BOARD[653]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Filed, Impaired physician review committee;
agency procedures; discipline; student
loan default, ch 2, 10.10, chs 12, 16
ARC 9026A 2843

NULLIFICATION OF ADMINISTRATIVE
RULE 2862

NURSING BOARD[655]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Filed, Foreign-educated nurses, 3.4(6)
ARC 9001A 2844

Filed, Discipline, ch 4 ARC 9002A 2844

Filed, Continuing education, 5.3(2)
ARC 9003A 2844

Filed, Agency procedures, chs 8 to 10, 14
ARC 9004A 2844

PERSONNEL DEPARTMENT[581]

Filed, IPERS, amendments to ch 21
ARC 9012A 2845

PHARMACY EXAMINERS BOARD[657]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Filed, Discipline, 1.2, 4.1, 17.16, 19.3, ch 36
ARC 8971A 2845

Filed, Waivers or variances from rules,
1.3 ARC 8970A 2846

Filed, Return of drugs and appliances, 6.9
ARC 8972A 2847

Filed, Hospital pharmacy unit dose dispensing
systems, 7.11 ARC 8975A 2847

Filed, Pharmaceutical care; unit dose
dispensing system; long-term care pharmacies,
8.9, 8.13, 8.14(2), 8.32(6), 15.8(1), ch 23
ARC 8973A 2847

Filed, Discipline; contested cases, rescind ch 9,
adopt ch 35 ARC 8974A 2853

Filed, Pharmacy compounding practices,
20.1 to 20.12 ARC 8976A 2854

Filed, Declaratory orders, ch 27 ARC 8977A 2854

Filed, Agency procedure for rule making,
ch 28 ARC 8978A 2854

PROFESSIONAL LICENSURE DIVISION[645]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Notice, Physical and occupational therapy,
200.3(1), 200.4(4), 200.7(3), 200.8(3),
200.9(1), 200.24, 201.3(1), 201.11(4),
201.13(10), 202.8(3), 202.9(3), 202.10(1)
ARC 9029A 2810

Filed, Mortuary science internship, 101.3
ARC 8968A 2855

Filed, Mortuary science continuing education,
101.101(8) ARC 8969A 2855

PUBLIC HEARINGS

Summarized list 2788

PUBLIC SAFETY DEPARTMENT[661]

Filed, Agency procedures, ch 10 ARC 9033A 2856

REAL ESTATE APPRAISER EXAMINING
BOARD[193F]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Filed, Agency procedures, 1.1, 2.12 to 2.23,
ch 8 ARC 9021A 2856

REVENUE AND FINANCE DEPARTMENT[701]

Filed, State board of tax review, amendments
to chs 1, 2 ARC 9022A 2856

Filed, Agency procedures, amendments to
chs 7, 10 ARC 9024A 2857

Filed, Judicial offset procedures, 150.10 to
150.16 ARC 9025A 2857

SECRETARY OF STATE[721]

Filed, Agency procedures, chs 7 to 9
ARC 9011A 2858

STATE PUBLIC DEFENDER[493]

INSPECTIONS AND APPEALS DEPARTMENT[481]"umbrella"

Filed, Agency procedures, chs 3, 5
ARC 8992A 2858

STATUS OF WOMEN DIVISION[435]

HUMAN RIGHTS DEPARTMENT[421]"umbrella"

Filed, Agency procedures, chs 7 to 9
ARC 9010A 2859

SUPREME COURT

Decisions summarized 2866

TELECOMMUNICATIONS AND
TECHNOLOGY COMMISSION, IOWA[751]

Filed, Agency procedures, chs 3, 4, 18
ARC 9030A 2859

TRANSPORTATION DEPARTMENT[761]

Notice, For-hire intrastate motor carrier
authority, rescind ch 523, adopt ch 524,
rescind chs 525 and 528 ARC 8979A 2812

Notice, For-hire interstate motor carrier
authority, ch 529 ARC 8980A 2816

UTILITIES DIVISION[199]

COMMERCE DEPARTMENT[181]"umbrella"

Notice, Electric and pipeline procedures,
2.4, 7.1(1), 10.2(1), 10.12(1), 10.17,
11.2, 13.2(1), 19.2(5), 19.5(2), 20.5(2),
25.2 ARC 9027A 2817

Notice, Declaratory orders, ch 4 ARC 8981A 2819

Filed Emergency, Utilities board organization
and operation, 1.4, 1.5, 1.8 ARC 9028A 2824

VETERINARY MEDICINE BOARD[811]

Filed, Agency procedures, chs 3, 4, 10
ARC 9042A 2859

WORKFORCE DEVELOPMENT BOARD/
SERVICES DIVISION[877]

WORKFORCE DEVELOPMENT DEPARTMENT[871]"umbrella"

Notice, Regional advisory boards, 6.1 to 6.11
ARC 9005A 2821

Filed, Criticism of agency rules, 2.3
ARC 9006A 2860

Filed, Labor-management cooperation program,
ch 9 ARC 9007A 2860

Filed, Petition for declaratory orders, 26.2
ARC 9008A 2860

WORKFORCE DEVELOPMENT
DEPARTMENT[871]

Filed, Organization, 1.1(6), 2.1(2), 2.4(4), 2.5,
2.7(2), 2.8 ARC 9009A 2861

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

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

First quarter July 1, 1998, to June 30, 1999 $244.10 plus $12.21 sales tax

Second quarter October 1, 1998, to June 30, 1999 $185.00 plus $9.25 sales tax

Third quarter January 1, 1999, to June 30, 1999 $125.00 plus $6.25 sales tax

Fourth quarter April 1, 1999, to June 30, 1999 $ 65.00 plus $3.25 sales tax

Single copies may be purchased for $19.00 plus $0.95 tax. Back issues may be purchased if the issues are available.

The Iowa Administrative Code and Supplements are sold in complete sets and subscription basis only. All subscriptions for the Supplement (replacement pages) must be for the complete year and will expire on June 30 of each year.

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

Iowa Administrative Code - $1,119.00 plus $55.95 sales tax

(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.)

Iowa Administrative Code Supplement - $393.50 plus $19.68 sales tax

(Subscription expires June 30, 1999)

All checks should be made payable to the Iowa State Printing Division. Send all inquiries and subscription orders to:

Customer Service Center

Department of General Services

Hoover State Office Building, Level A

Des Moines, IA 50319

Telephone: (515)242-5120

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
26	Friday, May 28, 1999	June 16, 1999
27	Friday, June 11, 1999	June 30, 1999
1	Friday, June 25, 1999	July 14, 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.

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.

The Administrative Rules Review Committee will hold its regular, statutory meeting on Tuesday, June 8, 1999, at10 a.m. and Wednesday, June 9, 1999, in Room 116, State Capitol, Des Moines, Iowa. The following rules will be reviewed:

Note: See also Supplemental Agenda to be published in the June 2, 1999, Iowa Administrative Bulletin.

Bulletin

ACCOUNTANCY EXAMINING BOARD[193A]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Administrative procedures, 1.1, 2.17 to 2.28, ch 12, Filed ARC 9019A 5/19/99

AGRICULTURAL DEVELOPMENT AUTHORITY[25]

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]"umbrella"

Administrative procedures, 1.4 to 1.9, chs 7, 9 and 10, Filed ARC 9041A 5/19/99

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Administrative procedures, chs 2, 4, and 5, Filed ARC 9040A 5/19/99

ALCOHOLIC BEVERAGES DIVISION[185]

COMMERCE DEPARTMENT[181]"umbrella"

Administrative procedures, chs 2 and 3, 5.10 to 5.19, chs 9 and 10, 12.1(2), 12.2(1) to 12.2(6), ch 13, Filed ARC 8988A 5/19/99

APPEAL BOARD, STATE[543]

MANAGEMENT DEPARTMENT[541]"umbrella"

Administrative procedures, 2.4, 5.3, ch 7, Filed ARC 9034A 5/19/99

BANKING DIVISION[187]

COMMERCE DEPARTMENT[181]"umbrella"

Administrative procedures, chs 5, 6 and 11, Filed ARC 9013A 5/19/99

CITY FINANCE COMMITTEE[545]

MANAGEMENT DEPARTMENT[541]"umbrella"

Declaratory orders, procedure for rule making, ch 6, 7.5(5), 7.6, 7.10, Filed ARC 9035A 5/19/99

CIVIL RIGHTS COMMISSION[161]

Rules of practice, contested cases, 1.2, 1.4, 4.1 to 4.33, Filed ARC 8982A 5/19/99

Discrimination in housing, 9.2 to 9.28, Notice ARC 9017A 5/19/99

COMMUNITY ACTION AGENCIES DIVISION[427]

HUMAN RIGHTS DEPARTMENT[421]"umbrella"

Administrative procedures, chs 3, 4, 6 and 7, Filed ARC 9015A 5/19/99

COUNTY FINANCE COMMITTEE[547]

MANAGEMENT DEPARTMENT[541]"umbrella"

Declaratory orders, procedures for rule making, ch 7, 8.5(5), 8.6, 8.10, Filed ARC 9036A 5/19/99

CREDIT UNION DIVISION[189]

COMMERCE DEPARTMENT[181]"umbrella"

Administrative procedures, 4.2, 4.3, chs 20 to 22, Filed ARC 9039A 5/19/99

CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION[428]

HUMAN RIGHTS DEPARTMENT[421]"umbrella"

Administrative procedures, chs 6 to 8, Filed ARC 8989A 5/19/99

CULTURAL AFFAIRS DEPARTMENT[221]

Administrative procedures, 1.1, 1.2, 1.4 to 1.7, chs 3 and 4, Filed ARC 8987A 5/19/99

DENTAL EXAMINERS BOARD[650]

PUBLIC HEALTH DEPARTMENT [641]"umbrella"

Rules, declaratory orders, 7.3, ch 9, Filed ARC 8999A 5/19/99

Continuing education, 25.2(10), Filed ARC 8997A 5/19/99

Dental hygienists--monitoring of nitrous oxide inhalation analgesia, 29.6(4) to 29.6(6), Notice ARC 8996A 5/19/99

Complaints and investigations, ch 31 title, 31.5 to 31.15, Filed ARC 8998A 5/19/99

Contested cases, ch 51, Filed ARC 8995A 5/19/99

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

Disaster recovery fund, 23.14, 23.15, Filed ARC 8985A 5/19/99

Local housing assistance program--record keeping and retention, 28.9(3), Filed ARC 8984A 5/19/99

CEBA--venture project, 53.2, 53.6, 53.6(3)"e," 53.7, 53.9 to 53.16, Filed ARC 8983A 5/19/99

Administrative procedures, chs 101 to 103, Filed ARC 8986A 5/19/99

EDUCATIONAL EXAMINERS BOARD[282]

EDUCATION DEPARTMENT[281]"umbrella"

Definition of sexual involvement with a student, 12.2(1)"c," Notice ARC 8961A 5/5/99

Associate counselor license, 14.10, 14.27, Notice ARC 8963A 5/5/99

Two-year conditional license, 14.16, Filed ARC 8966A 5/5/99

Endorsement expiration dates, 14.20(3), 14.20(12), 15.2(9), Filed ARC 8965A 5/5/99

All social sciences endorsement, 14.21(18)"k," Filed ARC 8967A 5/5/99

Two-year nonrenewable school counseling exchange license, 14.26 to 14.34, Notice ARC 8962A 5/5/99

Late renewal fee, current ch 14: 14.31(6); ch 14 as effective August 31, 2001: 14.21(6), Notice ARC 8960A 5/5/99

EDUCATION DEPARTMENT[281]

Agency procedure for rule making and petitions for rule making, ch 2, Filed ARC 8939A 5/5/99

Declaratory orders, ch 3, Filed ARC 8940A 5/5/99

Agency procedure for rule making, rescind ch 4, Filed ARC 8941A 5/5/99

Appeal procedures, 6.1, 6.2, 6.3(3) to 6.3(5), 6.4 to 6.22, Filed ARC 8942A 5/5/99

ENGINEERING AND LAND SURVEYING EXAMINING BOARD[193C]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Definition of "practice of engineering"; surveying a plat for assessment and taxation purposes;
discipline and professional conduct of licensees, 1.1(3), 1.2, 1.4"2," 1.4(1), 1.4(2)"d," 2.5(5), ch 4, Filed ARC 8954A 5/5/99

ENVIRONMENTAL PROTECTION COMMISSION[567]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Administrative procedures, chs 4 to 6, Notice ARC 9038A 5/19/99

Wastewater construction and operation permits, 64.6(6), 64.15(2), Notice ARC 9037A 5/19/99

HUMAN RIGHTS DEPARTMENT[421]

Administrative procedures, 2.1, 2.3(1), 2.6, chs 3 to 6, Filed ARC 9000A 5/19/99

HUMAN SERVICES DEPARTMENT[441]

Administrative procedure Act--contested case proceedings, ch 7 preamble, 7.1, 7.3, 7.13(4) to 7.13(6),
7.18, 7.20, 7.23, 7.24, Filed ARC 8947A 5/5/99

Mental illness, mental retardation, developmental disabilities, and brain injury community services;
county maintenance of effort calculations and reporting; reimbursement to counties for local cost
of inpatient mental health treatment; state community mental health and mental retardation services
fund and special needs grants; supplemental expense payment; standards for the care of and services
to county care facility residents with mental illness and mental retardation,
rescind chs 23, 26, 31, 32, 35 and 37, Filed ARC 8932A 5/5/99

Pilot diversion and self-sufficiency grants program, 41.25(9), ch 47 title and preamble,
ch 47 division I title and preamble, 47.1 to 47.3, 47.4(4), 47.5(1) to 47.5(3), 47.8(1), 47.8(4)"a,"
47.9"2," 47.10(3), 47.11, ch 47 division II preamble, 47.21, 47.26(1)"b," "c," "e" and "g,"
ch 47 division III title and preamble, 47.41, 47.47, 47.48(2), 47.49 to 47.60, ch 47 division IV,
47.61 to 47.72, Filed ARC 8948A 5/5/99

Income eligibility guidelines for the emergency food assistance program, 73.4(3)"d"(2), Notice ARC 8946A 5/5/99

Medically needy program, 75.1(35)"f," 75.1(35)"g"(2)"2" to "5," Filed ARC 8949A 5/5/99

Data and cost reporting, recalibration of DRG and APG weights, , distribution of funds, 79.1(5)"a" and "c,"
79.1(5)"e"(3), 79.1(5)"i"(1), 79.1(5)"y," 79.1(16)"a," "d," "j," "p" and "v,"
Notice ARC 8990A 5/19/99

Reimbursement for cost outlier payments to hospitals, 79.1(5)"f"(3), Filed ARC 8950A 5/5/99

Term of office for medical assistance advisory council officers, 79.7(1)"b," Notice ARC 8937A 5/5/99

Medicaid payments to nursing facilities, 81.22(2), Notice ARC 8936A 5/5/99

Child support collections, collections services center, 95.1, 95.3, 95.7(9), 95.13, 95.19(1)"b"(5), ch 97,
Notice ARC 8994A 5/19/99

Child support recovery unit--parent support obligation, 98.104(2), 99.1(2)"c," and "d," 99.1(4),
99.3(2)"a," 99.3(2)"b"(2), 99.4(1), 99.4(4)"b"(2), 99.5(4), 99.5(4)"a" to "c," Filed ARC 8951A 5/5/99

Prohibition of licensure of foster parent applicants or approval of adoptive parent applicants who
have specific felony convictions, 107.8(1)"c," 108.8(1)"c"(13), 108.9(4)"d," 113.13, 157.3(1)"b,"
200.4(1)"b," Filed ARC 8952A 5/5/99

Child abuse assessment program, 175.21, 175.24, 175.41(1), 175.41(2), 175.43, Filed ARC 8953A 5/5/99

Personal assistance services program, ch 184 title, ch 184 division I, 184.1 to 184.20, ch 184 division II,
184.21 to 184.30, Filed ARC 8931A 5/5/99

INSPECTIONS AND APPEALS DEPARTMENT[481]

Administration, contested cases, 1.6, 10.1, 10.29, Filed ARC 8991A 5/19/99

Rule making, declaratory orders, ch 3, 4.5(5), 4.6, 4.10, Filed ARC 8993A 5/19/99

INSURANCE DIVISION[191]

COMMERCE DEPARTMENT[181]"umbrella"

Administrative procedures, chs 2 to 4, Filed ARC 9016A 5/19/99

Limited service organizations, ch 41, Filed ARC 9023A 5/19/99

Regulation of securities offerings and those who engage in the securities business, 50.100, 50.101,
50.103 to 50.105, 50.108, Filed ARC 8955A 5/5/99

Financial and bonding requirements for investment advisers and investment adviser representatives,
50.106, 50.107, Filed ARC 9018A 5/19/99

LANDSCAPE ARCHITECTURAL EXAMINING BOARD[193D]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Administrative procedures, 1.1, ch 4, 5.17, ch 8, Filed ARC 9020A 5/19/99

LATINO AFFAIRS DIVISION[433]

HUMAN RIGHTS DEPARTMENT[421]"umbrella"

Administrative procedures, chs 3 to 5 and 7, Filed ARC 9031A 5/19/99

LOTTERY DIVISION[705]

REVENUE AND FINANCE DEPARTMENT[701]"umbrella"

Prize payment for prizes paid over a term exceeding ten years, financial responsibility,
administrative procedures, 1.29, 2.16, 6.2, 6.3(1), 6.5, 6.6, 6.8, 6.14, 6.21, 6.22, 6.28 to 6.30,
ch 7, 13.23, ch 14, Filed ARC 9014A 5/19/99

MANAGEMENT DEPARTMENT[541]

Declaratory orders, procedure for rule making, ch 6, 7.5(5), 7.6, 7.10, Filed ARC 9032A 5/19/99

MEDICAL EXAMINERS BOARD[653]

PUBLIC HEALTH DEPARTMENT [641]"umbrella"

Administrative procedures, impaired physician review committee, student loan default, ch 2, 10.10,
chs 12 and 16, Filed ARC 9026A 5/19/99

NURSING BOARD[655]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Licensure--English proficiency, 3.4(6), Filed ARC 9001A 5/19/99

Discipline, ch 4, Filed ARC 9002A 5/19/99

Continuing education, 5.3(2)"a," Filed ARC 9003A 5/19/99

Administrative procedures, chs 8 to 10 and 14, Filed ARC 9004A 5/19/99

PERSONNEL DEPARTMENT[581]

IPERS, 21.4(1)"c" to "j," 21.4(2), 21.4(3), 21.5(1)"a," 21.5(1)"a"(4), (9), (11), (12), (14), (24), (30), (32), (33), (37), (45) and (48),
21.6(4), 21.6(5), 21.6(9)"d"(3), 21.8(1)"a," 21.8(3), 21.9(1), 21.10(1), 21.10(7), 21.10(8), 21.10(10),
21.10(15) to 21.10(17), 21.11(3), 21.11(6), 21.11(9), 21.12, 21.12(1)"b," 21.13(1), 21.13(2), 21.13(4),
21.13(6), 21.13(7)"a," 21.13(8)"a," 21.13(9)"f," 21.13(10), 21.13(10)"a" and "b," 21.14(2) to 21.14(4),
21.16, 21.18(4), 21.19, 21.24(2)"b," "e" and "f," 21.24(3), 21.24(5)"c" and "f," 21.24(6)"d,"
21.24(9) to 21.24(11), 21.30, Filed ARC 9012A 5/19/99

PHARMACY EXAMINERS BOARD[657]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Discipline, 1.2, 4.1, 17.16, 19.3, ch 36, Filed ARC 8971A 5/19/99

Waivers or variances from rules, 1.3, Filed ARC 8970A 5/19/99

Return of drugs and appliances, 6.9, Filed ARC 8972A 5/19/99

Unit dose dispensing systems, 7.11, Filed ARC 8975A 5/19/99

Long-term care pharmacies, 8.9, 8.13(4), 8.13(5)"e," 8.14(2), 8.32(6), 15.8(1), ch 23, Filed ARC 8973A 5/19/99

Discipline; contested cases, rescind ch 9, adopt ch 35, Filed ARC 8974A 5/19/99

Pharmacy compounding practices, 20.1 to 20.3, 20.4(1), 20.4(2), 20.4(5), 20.5(1), 20.6,
20.7, 20.8(1), 20.9, 20.10(1), 20.10(2), 20.10(6), 20.11(1), 20.12(2), 20.12(3), Filed ARC 8976A 5/19/99

Declaratory orders, ch 27, Filed ARC 8977A 5/19/99

Agency procedure for rule making, ch 28, Filed ARC 8978A 5/19/99

PROFESSIONAL LICENSURE DIVISION[645]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Mortuary science examiners, 101.3(1)"a," "b" and "g," 101.3(2)"b" and "e," 101.3(2)"f"(1), Filed ARC 8968A 5/19/99

Mortuary science continuing education, 101.101(8), Filed ARC 8969A 5/19/99

Physical and occupational therapy, 200.3(1)"b"(1) and (3), 200.4(4)"c"(1) and (3), 200.7(3),
200.8(3), 200.9(1), 200.24(4), 200.24(5), 201.3(1), 201.11(4), 201.13(10), 202.8(3), 202.9(3),
202.10(1), Notice ARC 9029A 5/19/99

PUBLIC EMPLOYMENT RELATIONS BOARD[621]

Administrative procedure Act, 1.5, 1.6(7), 1.7, 2.2, 2.2(1), 2.3, 2.20, 2.21, 7.7(5), ch 10 title, 10.1 to 10.10,
12.13(3), Filed ARC 8943A 5/5/99

PUBLIC HEALTH DEPARTMENT[641]

Radiation, 41.1(2), 41.1(3)"a"(7), 41.2(12), 41.3(1)"b," 41.3(5)"f," 41.3(9), 41.3(10), 41.3(11)"e,"
42.1(2), 42.2(3)"a," 42.3(3)"a," 45.3(1), Notice ARC 8956A 5/5/99

PUBLIC SAFETY DEPARTMENT[661]

Administrative procedures, ch 10, Filed ARC 9033A 5/19/99

RACING AND GAMING COMMISSION[491]

INSPECTIONS AND APPEALS DEPARTMENT[481]"umbrella"

Contested cases and other proceedings, ch 4, Notice ARC 8958A 5/5/99

Length and dates of suspensions; weight allowances for apprentice jockeys; present value on any
United States Treasury or Iowa state debt instruments; discounted single cash payment in
progressive jackpot, 4.4(5), 13.25(2)"d," 26.17(7)"n"(6), 26.17(7)"o," Filed ARC 8957A 5/5/99

Harness racing, ch 9, 13.27, Notice ARC 8959A 5/5/99

REAL ESTATE APPRAISER EXAMINING BOARD[193F]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Administrative procedures, 1.1, 2.12 to 2.23, ch 8, Filed ARC 9021A 5/19/99

REVENUE AND FINANCE DEPARTMENT[701]

State board of tax review, administrative procedures, 1.2 to 1.4, ch 2, Filed ARC 9022A 5/19/99

Administrative procedures, ch 7, 10.117 to 10.123, 10.126, Filed ARC 9024A 5/19/99

Inheritance, estate, generation skipping, and fiduciary income tax, 86.1 to 86.4, 86.5(1), 86.5(4),
86.5(7) to 86.5(12), 86.6, 86.7(4), 86.8(1), 86.8(4) to 86.8(8), 86.8(11), 86.8(13), 86.8(15), 86.9,
86.9(1) to 86.9(5), 86.10, 86.11, 86.12(5)"b," 86.14, 87.1(1), 87.1(2), 87.2(2), 87.3(2), 87.3(3), 87.3(5) to 87.3(8),
87.3(13), 88.1, 88.2(2), 88.3(4) to 88.3(6), 88.3(9), 88.3(10), 88.3(12) to 88.3(16), 89.1, 89.2(3)"a," "b" and "e,"
89.4(4), 89.4(6), 89.4(8), 89.4(9)"a" to "e," 89.5(1), 89.5(2), 89.5(4), 89.7(2), 89.7(3), 89.8(1),
89.8(7)"a," "c," "i," "j," "o" and "t," 89.8(8)"h" and "j," 89.8(9) to 89.8(11), 89.10(1) to 89.10(4), Notice ARC 8930A 5/5/99

Offset of debts owed state agencies, 150.10 to 150.16, Filed ARC 9025A 5/19/99

SECRETARY OF STATE[721]

Administrative procedures, chs 7 to 9, Filed ARC 9011A 5/19/99

SOIL CONSERVATION DIVISION[27]

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]"umbrella"

Allocation to soil and water conservation districts, 12.51, 12.72(7), 12.72(8), 12.76(8), 12.76(9), Filed ARC 8938A 5/5/99

STATE PUBLIC DEFENDER[493]

INSPECTIONS AND APPEALS DEPARTMENT[481]"umbrella"

Declaratory orders, procedure for rule making, chs 3 and 5, Filed ARC 8992A 5/19/99

STATUS OF WOMEN DIVISION[435]

HUMAN RIGHTS DEPARTMENT[421]"umbrella"

Administrative procedures, chs 7 to 9, Filed ARC 9010A 5/19/99

TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION, IOWA[751]

Administrative procedures, chs 3, 4, and 18, Filed ARC 9030A 5/19/99

TRANSPORTATION DEPARTMENT[761]

Administrative rules and declaratory rulings, ch 10 title, 10.1(2), 10.2(1)"c," 10.2(4), 10.2(6), 10.2(6)"b" and "c,"
10.3(1)"a," 10.3(3) to 10.3(5), 10.4, 10.4(1), 10.4(3) to 10.4(6), Filed ARC 8934A 5/5/99

Administrative procedure Act, 13.6 to 13.8, 13.10, 13.11, 13.13, 13.20(3)"b," 13.20(4)"b," 615.38(2)"b," 615.38(4),
615.38(5)"a," 620.4(1)"e," 620.4(2), 620.4(4), Filed ARC 8935A 5/5/99

Traffic and engineering investigations on secondary roads; federal-aid urban systems; rail rate regulation,
rescind chs 141, 180 and 840, Filed ARC 8933A 5/5/99

Motor carriers, for-hire intrastate motor carrier authority, new ch 524,
rescind chs 523, 525 and 528, Notice ARC 8979A 5/19/99

For-hire interstate motor carrier authority, ch 529, Notice ARC 8980A 5/19/99

UTILITIES DIVISION[199]

COMMERCE DEPARTMENT[181]"umbrella"

Utilities board organization and operation, 1.4, 1.5, 1.8(1), 1.8(4)"c" to "e," Filed Emergency ARC 9028A 5/19/99

Electric and pipeline procedures, 2.4, 7.1(1), 10.2(1)"g," 10.12(1)"a" to "d," 10.17, 11.2(3)"d,"
11.2(8), 13.2(1)"g," 19.2(5)"g," 19.5(2), 20.5(2)"b," 25.2(1), 25.2(2)"f," 25.2(5)"a,"
Notice ARC 9027A 5/19/99

Declaratory orders, ch 4, Notice ARC 8981A 5/19/99

VETERANS AFFAIRS COMMISSION[801]

Iowa veterans home, 10.1, 10.12(4)"a," 10.15(5), 10.16(2)"a"(10), 10.18, 10.19(2)"a"(4) and (5), 10.19(3)"e,"
10.19(4)"b," 10.36(1)"e," 10.36(2)"e," 10.42, Filed ARC 8944A 5/5/99

VETERINARY MEDICINE BOARD[811]

Administrative procedures, chs 3, 4, and 10, Filed ARC 9042A 5/19/99

WORKERS' COMPENSATION DIVISION[876]

WORKFORCE DEVELOPMENT DEPARTMENT[871]"umbrella"

Contested cases; declaratory orders; formal review and waiver of rules, 4.1(16), 4.1(17), 4.8(2)"a," 4.9(6), 4.9(9),
4.38, chs 5 and 12, Filed ARC 8945A 5/5/99

WORKFORCE DEVELOPMENT BOARD/SERVICES DIVISION[877]

WORKFORCE DEVELOPMENT DEPARTMENT[871]"umbrella"

Criticism of agency rule, 2.3, Filed ARC 9006A 5/19/99

Regional advisory boards, 6.1 to 6.11, Notice ARC 9005A 5/19/99

Labor-management cooperation program, ch 9, Filed ARC 9007A 5/19/99

Petition for declaratory order, 26.2, Filed ARC 9008A 5/19/99

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Organizational structure, 1.1(6), 2.1(2), 2.4(4), 2.5, 2.7(2)"i" to "k," 2.8, Filed ARC 9009A 5/19/99

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

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
CIVIL RIGHTS COMMISSION[161]
Discrimination in housing, 9.2 to 9.28 IAB 5/19/99 ARC 9017A	Conference Room--2nd Floor 211 E. Maple Des Moines, Iowa	June 8, 1999 1 p.m.
DENTAL EXAMINERS BOARD[650]
Monitoring of nitrous oxide inhalation analgesia, 29.6 IAB 5/19/99 ARC 8996A	Conference Room--2nd Floor Executive Hills West 1209 E. Court Des Moines, Iowa	June 23, 1999 1 p.m.
EDUCATIONAL EXAMINERS BOARD[282]
Professional practices, 12.2(1)"c" IAB 5/5/99 ARC 8961A	Conference Room 3, North--3rd Floor Grimes State Office Bldg. Des Moines, Iowa	May 27, 1999 11 a.m.
Associate counselor license, 14.10, 14.27 IAB 5/5/99 ARC 8963A	Conference Room 3, North--3rd Floor Grimes State Office Bldg. Des Moines, Iowa	May 27, 1999 2 p.m.
Two-year nonrenewable school counseling exchange license, 14.26 to 14.34 IAB 5/5/99 ARC 8962A	Conference Room 3, North--3rd Floor Grimes State Office Bldg. Des Moines, Iowa	May 27, 1999 1 p.m.
Late renewal fee, 14.31(6), 14.21(6) IAB 5/5/99 ARC 8960A	Conference Room 3, North--3rd Floor Grimes State Office Bldg. Des Moines, Iowa	May 27, 1999 10 a.m.
EDUCATION DEPARTMENT[281]
General accreditation standards, 12.1 to 12.9 IAB 4/7/99 ARC 8896A	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	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.
ENVIRONMENTAL PROTECTION COMMISSION[567] (Cont'd)
	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	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.
Public notification, public education, consumer confidence reports, reporting, and record maintenance, ch 42 IAB 4/7/99 ARC 8901A	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	Muse-Norris Conference Room North Iowa Area Community College 500 College Dr. Mason City, Iowa	May 24, 1999 10 a.m.
ENVIRONMENTAL PROTECTION COMMISSION[567] (Cont'd)
	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	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.
Storm water permits, 64.6(6), 64.15(2) IAB 5/19/99 ARC 9037A	Conference Room--5th Floor Wallace State Office Bldg. Des Moines, Iowa	June 18, 1999 1:30 p.m.
Laboratory certification, 83.1 to 83.7 IAB 4/7/99 ARC 8910A	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.
HUMAN SERVICES DEPARTMENT[441]
Collection of child support, 95.1 to 95.3, 95.6, 95.7(9), 95.13, 95.14, 95.18 to 95.22, ch 97 IAB 5/19/99 ARC 8994A	Conference Room--6th Floor Iowa Bldg., Suite 600 411 Third St. S.E. Cedar Rapids, Iowa	June 9, 1999 9 a.m.
	Suite 32 300 W. Broadway Council Bluffs, Iowa	June 9, 1999 9 a.m.
	Large Conference Room 3911 W. Locust Davenport, Iowa	June 9, 1999 9 a.m.
	Suite 8 1901 Bell Ave. Des Moines, Iowa	June 10, 1999 8 a.m.
	Liberty Room Mohawk Square 22 N. Georgia Ave. Mason City, Iowa	June 10, 1999 2 p.m.
	Conference Room 3 120 E. Main Ottumwa, Iowa	June 10, 1999 9 a.m.
	Fifth Floor 520 Nebraska St. Sioux City, Iowa	June 11, 1999 10 a.m.
	Suite 400 501 Sycamore Waterloo, Iowa	June 10, 1999 1 p.m.
PROFESSIONAL LICENSURE DIVISION[645]
Physical and occupational therapy, 200.3(1), 200.4(4), 200.7(3), 200.8(3), 200.9(1), 200.24, 201.3(1), 201.11(4), 201.13(10), 202.8(3), 202.9(3), 202.10(1) IAB 5/19/99 ARC 9029A	Conference Room--5th Floor Lucas State Office Bldg. Des Moines, Iowa	June 8, 1999 8 to 10 a.m.
PUBLIC HEALTH DEPARTMENT[641]
Radiation, 41.1, 41.2(12), 41.3, 42.1(2), 42.2(3), 42.3(3), 45.3(1) IAB 5/5/99 ARC 8956A	Conference Room--5th Floor East Lucas State Office Bldg. Des Moines, Iowa	May 25, 1999 9 to 11 a.m.
RACING AND GAMING COMMISSION[491]
Contested cases and other proceedings, ch 4 IAB 5/5/99 ARC 8958A	Suite B 717 E. Court Ave. Des Moines, Iowa	May 25, 1999 9 a.m.
Harness racing, ch 9, 13.27 IAB 5/5/99 ARC 8959A	Suite B 717 E. Court Ave. Des Moines, Iowa	May 25, 1999 9 a.m.
TRANSPORTATION DEPARTMENT[761]
For-hire intrastate motor carrier authority, rescind chs 523, 525, 528; adopt ch 524 IAB 5/19/99 ARC 8979A	Conference Room--Upper Level Park Fair Mall 100 Euclid Ave. Des Moines, Iowa	June 10, 1999 10 a.m. (If requested)
For-hire interstate motor carrier authority, ch 529 IAB 5/19/99 ARC 8980A	Conference Room--Upper Level Park Fair Mall 100 Euclid Ave. Des Moines, Iowa	June 10, 1999 1 p.m. (If requested)
UTILITIES DIVISION[199]
Electric and pipeline procedures, 2.4, 7.1(1), 10.2(1), 10.12(1), 10.17, 11.2, 13.2(1), 19.2(5), 19.5(2), 20.5(2), 25.2 IAB 5/19/99 ARC 9027A	Utilities Board's Hearing Room 350 Maple St. Des Moines, Iowa	July 7, 1999 10 a.m.
Agency procedures, ch 4 IAB 5/19/99 ARC 8981A	Utilities Board's Hearing Room 350 Maple St. Des Moines, Iowa	June 23, 1999 10 a.m.
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.
WORKFORCE DEVELOPMENT BOARD/SERVICES DIVISION[877]
Regional advisory boards, 6.1 to 6.11 IAB 5/19/99 ARC 9005A	Room 134 150 Des Moines St. Des Moines, Iowa	June 8, 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

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]

ARC 9017A

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 Iowa Code section 216.5(10), the Civil Rights Commission proposes to amend Chapter 9, "Discrimination in Housing," Iowa Administrative Code.

These amendments are intended to implement Iowa Code section 216.5(13) which gives the Commission the authority to order discovery in the investigation of alleged unfair or discriminatory housing practices. The amendments were adopted from a combination of the Iowa Rules of Civil Procedure and an analysis of the Commission's needs during a housing investigation.

Any interested person may make written suggestions or comments on the proposed amendments on or before June 8, 1999. Such written suggestions or comments should be directed to the Civil Rights Commission, 211 East Maple, 2^nd Floor, Des Moines, Iowa 50309, fax (515)242-5840.

Persons are also invited to present oral or written comments at a public hearing which will be held on June 8, 1999, at 1 p.m. in the Conference Room, Civil Rights Commission, 211 East Maple, 2^nd Floor, Des Moines, Iowa 50309. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments.

Any persons who intend to attend the public hearing and have special requirements such as hearing or mobility impairments should contact the Civil Rights Commission and advise of specific needs.

These amendments are intended to implement Iowa Code section 216.5(13).

The following amendments are proposed.

ITEM 1. Renumber rules 161--9.2(216) to 161-- 9.4(216) as 161--9.3(216) to 161--9.5(216) and adopt the following new rule 161--9.2(216):

161--9.2(216) Definitions. As used in this chapter, the following definitions shall apply:

"Party" means any complainants and respondents involved in the complaint of discrimination under investigation.

"Presiding officer for discovery" means an administrative law judge employed by the department of inspections and appeals and assigned to render decisions regarding discovery disputes arising in the course of civil rights commission investigations.

ITEM 2. Adopt the following new rules:

161--9.6(216) Discovery methods in cases of alleged discrimination in housing.

9.6(1) When investigating a complaint of alleged discriminatory housing or real estate practices, the commission may, in addition to any other method of investigation authorized by law, obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property, for inspection and other purposes; physical and mental examinations; and requests for admission.

9.6(2) The rules providing for discovery and inspection in this chapter shall be liberally construed and shall be enforced to provide the commission with access to all relevant facts. Discovery shall be conducted in good faith, and responses to discovery requests, however made, shall fairly address and meet the substance of the request.

9.6(3) A rule in this chapter requiring a matter to be under oath may be satisfied by an unsworn written statement in substantially the following form: "I certify under penalty of perjury and pursuant to the laws of the state of Iowa that the preceding is true and correct.

_____ __________________________"

Date Signature

161--9.7(216) Scope of discovery. Unless otherwise limited by order of the presiding officer for discovery in accordance with these rules, the scope of discovery is as follows:

9.7(1) In general. The commission may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending investigation, whether it relates to the claim or defense of any party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not grounds for objection that the information sought will be inadmissible at a trial or contested case hearing if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

9.7(2) Supplementation of responses. A party who has responded to a commission request for discovery is under a duty to supplement or amend the response to include information thereafter acquired as follows:

a. A party is under a duty seasonably to supplement the response with respect to any question directly addressed to:

(1) The identity and location of persons having knowledge of discoverable matters; and

(2) Any matter that bears materially upon a claim or defense asserted by any party.

b. A party is under a duty seasonably to amend a prior response if the party obtains information upon the basis of which:

(1) The party knows that the response was incorrect when made; or

(2) The party knows that the response though correct when made is no longer true and the circumstances are such that a failure to amend the response is in substance a knowing concealment.

161--9.8(216) Protective orders.

9.8(1) Upon motion by a party or by the person from whom discovery is sought or by any person who may be affected thereby, and for good cause shown, the presiding officer for discovery:

a. May make any order which justice requires to protect a party or other person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:

(1) That the discovery not be had;

(2) That the discovery may be had only on specified terms and conditions, including a designation of the time or place;

(3) That the discovery may be had only by a method of discovery other than that selected by the commission;

(4) That certain matters not be inquired into, or that the scope of the discovery be limited to certain matters;

(5) That discovery be conducted with no one present except persons designated by the presiding officer for discovery;

(6) That a deposition after being sealed be opened only by order of a court, a commission contested case presiding officer, or the presiding officer for discovery;

(7) That a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way;

(8) That the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the presiding officer for discovery.

b. Shall limit the frequency of use of the methods described in subrule 9.6(1) if the presiding officer for discovery determines that:

(1) The discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive;

(2) The commission has had ample opportunity by discovery in the action to obtain the information sought; or

(3) The discovery is unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, limitations on the objecting party's resources, and the importance of the issues at stake in the investigation.

9.8(2) If the motion for a protective order is denied in whole or in part, the presiding officer for discovery may, on such terms and conditions as are just, order that any party or other person provide or permit discovery.

9.8(3) Award of expenses of motion. If the motion is granted, the presiding officer for discovery shall, after opportunity for hearing, require the commission, if it opposed the motion, to pay to the party or other person making the motion the reasonable expenses incurred in obtaining the order, including attorneys' fees, unless the presiding officer for discovery finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust.

If the motion is denied, the presiding officer for discovery shall, after opportunity for hearing, require the party or deponent who made the motion or the party or attorney advising such a motion or both of them to pay to the commission the reasonable expenses incurred in opposing the motion, including attorneys' fees, unless the presiding officer for discovery finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust.

If the motion is granted in part and denied in part, the presiding officer for discovery may apportion in a just manner the reasonable expenses incurred in relation to the motion.

161--9.9(216) Interrogatories.

9.9(1) Availability; procedures for use. The commission may serve written interrogatories to be answered by a party or, if the party from whom the information is sought is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party.

Each interrogatory shall be followed by a reasonable space for insertion of the answer. An interrogatory which does not comply with this requirement shall be subject to objection. The interrogatories must be accompanied by a written notice informing the person to whom the interrogatories are directed that a response is mandatory and that sanctions can be levied for a failure to respond.

Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer.

A party answering interrogatories must answer in the space provided or must set out each interrogatory immediately preceding the answer to it. A failure to comply with this rule shall be deemed a failure to answer and shall be subject to sanctions as provided in rule 9.16(216). Answers are to be signed by the person making them. Objections, if any, shall be served within 30 days after the interrogatories are served. The commission may move for an order under subrule 9.16(1) with respect to any objection to or other failure to answer an interrogatory.

The commission shall not serve more than 30 interrogatories on any party under the authority of this rule except upon agreement by the person from whom information is sought or leave of the presiding officer for discovery granted upon a showing of good cause. A motion for leave to serve more than 30 interrogatories must be in writing and shall set forth the proposed interrogatories and the reasons establishing good cause for their use.

Notwithstanding the provisions of this subrule the commission may, without limitation on the number of questions, solicit information from the parties in the form of a written questionnaire. The response to these questions, however, cannot be compelled under rule 9.16(216).

9.9(2) Scope. An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the presiding officer for discovery may order that such an interrogatory need not be answered until a later time.

9.9(3) Option to produce business records. Where the answer to an interrogatory may be derived or ascertained from the business records of the party upon whom the interrogatory has been served or from an examination, audit or inspection of such business records, or from a compilation, abstract or summary based thereon, and the burden of deriving or ascertaining the answer is substantially the same for the commission as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the commission reasonable opportunity to examine, audit or inspect such records and to make copies, compilations, abstracts or summaries. A specification shall be in sufficient detail to permit the commission to locate and identify as readily as can the party served, the records from which the answer may be ascertained.

161--9.10(216) Requests for admission.

9.10(1) Availability; procedures for requests. The commission may serve upon any party a written request for the admission, for purposes of all proceedings relating to the pending complaint only, of the truth of any matters within the scope of rule 9.7(216) set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying.

Each matter of which an admission is requested shall be separately set forth.

The commission shall not serve more than 30 requests for admission on any party except upon agreement of the party from whom admissions are sought or leave of the presiding officer for discovery granted upon a showing of good cause. A motion for leave of the presiding officer for discovery to serve more than 30 requests for admission must be in writing and shall set forth the proposed requests and the reasons establishing good cause for their use.

9.10(2) Time for and content of responses. The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the presiding officer for discovery may on motion allow, the party to whom the request is directed serves upon the commission a written answer or objection addressed to the matter, signed by the party or by the party's attorney.

If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify the party's answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that the party has made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; the party may, subject to the provisions of subrule 9.16(3), deny the matter or set forth reasons why the party cannot admit or deny it.

9.10(3) Determining sufficiency of responses. The commission may move to determine the sufficiency of the answers or objections. Unless the presiding officer for discovery determines that an objection is justified, the presiding officer for discovery shall order that an answer be served. If the presiding officer for discovery determines that an answer does not comply with the requirements of this rule, the presiding officer for discovery may order either that the matter be admitted or that an amended answer be served. The presiding officer for discovery may, in lieu of these orders, determine that final disposition of the request be made at a designated time prior to completion of the investigation. The provisions of paragraph 9.16(1)"d" apply to the award of expenses incurred in relation to the motion.

161--9.11(216) Effect of admission. Any matter admitted under rule 9.10(216) is conclusively established in all proceedings relating to the pending complaint unless the court or contested case administrative law judge on motion permits withdrawal or amendment of the admission. The court or contested case administrative law judge may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the commission or the party opposing the motion fails to satisfy the court or contested case administrative law judge that withdrawal or amendment will prejudice the commission in maintaining the commission's action on the merits.

161--9.12(216) Production of documents and things and entry upon land for inspection and other purposes. The commission may serve on any party a request:

9.12(1) To produce and permit the commission, or someone acting on the commission's behalf, to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, and other data compilations from which information can be obtained, translated, if necessary, by the party upon whom the request is served through detection devices into reasonably usable form), or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of rule 9.7(216) and which are in the possession, custody or control of the party upon whom the request is served; or

9.12(2) Except as otherwise provided by statute, to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of rule 9.7(216).

161--9.13(216) Procedures for documents and inspections. The request shall set forth the items to be inspected either by individual item or by category and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts.

The party upon whom the request is served shall serve a written response within 30 days after the service of the request. The presiding officer for discovery may allow a shorter or longer time. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified.

The commission may move for an order under rule 9.16(216) with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested.

161--9.14(216)   Physical and mental examination of persons. When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the presiding officer for discovery may order the party to submit to a physical or mental examination by a health care practitioner or to produce for examination the person in the party's custody or legal control. The order may be made only on motion of the commission for good cause shown and upon notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made.

161--9.15(216) Report of health care practitioner.

9.15(1) If requested by the party against whom an order is made under rule 9.14(216) or the person examined, the commission shall deliver a copy of the examiner's detailed written report setting out the findings, including results of all tests made, diagnosis and conclusions, together with like reports of all earlier examinations of the same condition. After delivery, if requested by the commission, the party against whom the order is made shall deliver a like report of any examination of the same condition, previously or thereafter made, unless the party shows an inability to obtain a report of examination of a nonparty. The presiding officer for discovery on motion may order a party or the commission to deliver a report on such terms as are just. If an examiner fails or refuses to make a report, a court or administrative law judge hearing a case based on the complaint at issue may exclude the examiner's testimony.

9.15(2) By requesting and obtaining a report of the examination so ordered, the party examined waives any privilege the party may have in that action or any other proceeding involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine the party in respect of the same mental or physical condition.

9.15(3) This rule applies to examination made by agreement, unless the agreement expressly provides otherwise.

161--9.16(216) Consequences of failure to make discovery.

9.16(1) Motion for order compelling discovery. The commission, upon reasonable notice to the party from whom discovery was sought and all persons affected thereby, may move for an order compelling discovery as follows:

a. Appropriate officer. A motion to compel discovery shall be made to the presiding officer for discovery.

b. Motion. If a deponent fails to answer a question propounded or submitted under rule 9.17(216), or a corporation or other entity fails to make a designation under subrule 9.18(5), or a party fails to answer an interrogatory submitted under rule 9.9(216), or if a party, in response to a request for inspection submitted under rule 9.12(216), fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, the commission may move for an order compelling an answer, a designation, or an inspection in accordance with the request. When taking a deposition on oral examination, the commission may complete or adjourn the examination before moving for an order.

Any order granting a motion made under this rule shall include a statement that a failure to comply with the order may result in the imposition of sanctions pursuant to rule 9.16(216).

In ruling on such motion, the presiding officer for discovery may make such protective order as the presiding officer for discovery would have been empowered to make on a motion pursuant to subrule 9.8(1).

c. Evasive or incomplete answer. For purposes of this subrule an evasive or incomplete answer is to be treated as a failure to answer.

d. Award of expenses of motion. If the motion is granted, the presiding officer for discovery shall, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay to the commission the reasonable expenses incurred in obtaining the order, including attorneys' fees, unless the presiding officer for discovery finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust.

If the motion is denied, the presiding officer for discovery shall, after opportunity for hearing, require the commission to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorneys' fees, unless the presiding officer for discovery finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust.

If the motion is granted in part and denied in part, the presiding officer for discovery may apportion in a just manner the reasonable expenses incurred in relation to the motion.

e. Notice to party. If the motion is granted, the presiding officer for discovery shall mail or cause to have mailed a copy of the order to counsel and to the party or parties whose conduct, individually or by counsel, necessitated the motion.

9.16(2) Failure to comply with order.

a. Sanctions by court in district where deposition is taken. If a deponent fails to be sworn or to answer a question after being directed to do so by the presiding officer for discovery, the office of the attorney general may petition for enforcement of that order in the judicial district in which the deposition is being taken. Failure by the deponent to obey an order of enforcement from the district court may be considered a contempt of that court.

b. Sanctions by the presiding officer for discovery. If a party or an officer, director, or managing agent of a party or a person designated under subrule 9.18(5) to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under 9.16(1) or under rule 9.14(216), the presiding officer for discovery may make such orders in regard to the failure as are just, and among others, the following:

(1) An order that the matters regarding which the order was made or any other designated facts shall be taken to be established for the purposes of any action or proceeding relating to the subject matter of the investigation in accordance with the claim of the party opposing the position of the disobedient party;

(2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing designated matters in evidence in any action or proceeding relating to the subject matter of the investigation;

(3) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party;

(4) In lieu of any of the foregoing orders or in addition thereto, the presiding officer for discovery shall require the disobedient party or the attorney advising such party or both to pay the reasonable expenses, including attorneys' fees, caused by the failure, unless the presiding officer for discovery finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.

c. Enforcement petition. In addition to any of the alternatives of paragraph "b" above, the office of the attorney general may petition for enforcement of the order compelling discovery in the appropriate judicial district. Failure by a party to obey an order of enforcement from the district court may be considered a contempt of that court.

9.16(3) Expenses on failure to admit. If a party fails to admit the genuineness of any document or the truth of any matter as requested under rule 9.10(216), and if the commission thereafter proves the genuineness of the document or the truth of the matter, the commission may move for an order requiring the party to pay the reasonable expenses incurred in making that proof, including reasonable attorneys' fees. The presiding officer for discovery shall make the order unless the presiding officer for discovery finds that:

a. The request was held objectionable pursuant to rule 9.10(216), or

b. The admission sought was of no substantial importance, or

c. The party failing to admit had reasonable ground to believe that the party might prevail on the matter, or

d. There was other good reason for the failure to admit.

9.16(4) Failure of party to attend at own deposition or serve answers to interrogatories or respond to request for inspection. If a party or an officer, director, or managing agent of a party or a person designated under subrule 9.18(5) to testify on behalf of a party fails to appear before the officer who is to take the person's deposition, after being served with a proper notice, or to serve answers or objections to interrogatories submitted under rule 9.9(216), after proper service of the interrogatories, or to serve a written response to a request for inspection submitted under rule 9.12(216), after proper service of the request, the presiding officer for discovery on motion of the commission may make such orders in regard to the failure as are just, and among others it may take any action authorized under 9.16(2)"b"(1) to (4).

The failure to act described in this subrule may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by rule 9.8(216).

9.16(5) Motions relating to discovery. No motion relating to depositions or discovery shall be filed or considered by the presiding officer for discovery unless the motion alleges that the movant has made a good faith but unsuccessful attempt to resolve the issues raised by the motion with counsel for the party or entity whom the motion concerns without intervention of the presiding officer for discovery.

161--9.17(216) Depositions upon oral examination.

9.17(1) When depositions may be taken. The commission may take a deposition in an investigation of a complaint of housing discrimination at any time during the pendency of that investigation.

9.17(2) Recording. The administrative law judge charged with the duty of determining probable cause under Iowa Code subsection 216.15(3) may order that the testimony at such an investigative deposition be recorded by other than stenographic means, in which event the order shall designate the manner of recording the deposition, and may include other provisions to ensure that the recorded testimony will be accurate and trustworthy. If the order is made, the party from whom discovery is sought or the deponent may nevertheless arrange to have a stenographic transcription made at that party's or deponent's own expense. An order of the administrative law judge is not required to record testimony by nonstenographic means if the deposition is also to be recorded stenographically.

9.17(3) Place of deposition.

a. Oral depositions may be taken only within this state.

b. If the deponent is a party or the officer, partner or managing agent of a party which is not a natural person, the deponent shall be required to submit to examination in Polk County, unless otherwise ordered by the presiding officer for discovery.

9.17(4) Failure to attend; expenses. If the commission official fails to attend and proceed with a noticed deposition and the party from whom discovery is sought attends in person or by attorney pursuant to the notice, the presiding officer for discovery may order the commission to pay to such party the reasonable expenses incurred by the party and the other party's attorney in attending, including reasonable attorneys' fees.

9.17(5) Depositions by telephone. Any deposition permitted by these rules may be taken by telephonic means.

When the commission intends to take the deposition of any person upon oral examination by telephonic means, the commission shall give reasonable notice thereof in writing to any party who is to be deposed and to any other deponent. Such notice shall contain all other information required by subrule 9.18(1) and shall state that the telephone conference will be arranged and paid for by the commission. No part of the expense for telephone service shall be taxed as costs.

If the commission desires to present exhibits to the witness during the deposition, copies shall be sent to the deponent and any party who is to be deposed, prior to the taking of the deposition.

Nothing in this rule shall prohibit a party from whom the discovery is sought or counsel for that party or for the deponent from being in the presence of the deponent when the deposition is taken.

161--9.18(216) Notice for oral deposition.

9.18(1) Whenever the commission desires to take the deposition of any person upon oral examination, the commission shall give reasonable notice in writing to the deponent and any party who is to be deposed. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs.

9.18(2) If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice.

9.18(3) The notice to a party deponent may be accompanied by a request made in compliance with rules 9.12(216) and 9.13(216) for the production of documents and tangible things at the taking of deposition. The procedure of rule 9.13(216) shall apply to the request.

9.18(4) No subpoena is necessary to require the appearance of a party for a deposition. Service on the party or the party's attorney of record of notice of the taking of a deposition of the party or of an officer, partner or managing agent of any party who is not a natural person, as provided in 9.18(1), is sufficient to require the appearance of a deponent for the deposition.

9.18(5) A notice or subpoena may name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested. In that event, the organization so named shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the witness will testify. A subpoena shall advise a nonparty organization of its duty to make such a designation. The persons so designated shall testify as to matters known or reasonably available to the organization. This subrule does not preclude taking a deposition by any other procedure authorized in these rules.

161--9.19(216) Conduct of oral deposition.

9.19(1) Examination; recording examination; administering the oath; objections. Examination of witnesses by the commission may proceed as permitted at the hearing. The commission investigator or other officer before whom the deposition is to be taken shall put the witness under oath and shall personally, or by someone acting under the investigator or officer's direction and in the investigator or officer's presence, record the testimony of the witness. The testimony shall be taken stenographically or recorded by any other means ordered in accordance with subrule 9.17(2). All objections made at the time of the examination to the qualifications of the investigator or other officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings, shall be noted by the investigator or officer upon the deposition. Evidence objected to shall be taken subject to the objections.

9.19(2) Motion to terminate or limit examination. At any time during the taking of the deposition, on motion of the party being deposed or other deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the presiding officer for discovery may order the commission to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as provided in rule 9.8(216). If the order made terminates the examination, it shall be resumed thereafter only upon the order of the presiding officer for discovery. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order.

If the motion is granted, the presiding officer for discovery shall, after opportunity for hearing, require the commission to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorneys' fees, unless the presiding officer for discovery finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust.

If the motion is denied, the presiding officer for discovery shall, after opportunity for hearing, require the moving party or the attorney advising the motion or both of them to pay to the commission the reasonable expenses incurred in opposing the motion, including attorneys' fees, unless the presiding officer for discovery finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust.

If the motion is granted in part and denied in part, the presiding officer for discovery may apportion in a just manner the reasonable expenses incurred in relation to the motion.

161--9.20(216) Reading and signing depositions.

9.20(1) Where reading or signing not required. No oral deposition reported and transcribed by an official court reporter or certified shorthand reporter of Iowa need be submitted to, read or signed by the deponent.

9.20(2) Submission to witness; changes; signing. In other cases, if and when the testimony is fully transcribed, the deposition shall be submitted to the witness for examination and shall be read to or by the witness, unless such examination and reading are waived by the witness. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness, unless the witness is ill or dead or cannot be found or refuses to sign. If the deposition is not signed by the witness within 30 days of its submission, the investigator or officer shall sign it and state on the record the fact of the waiver or of the illness, death, or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor. The deposition may then be used as fully as though signed unless on a motion to suppress the tribunal hearing the motion holds that the reason given for the refusal to sign requires rejection of the deposition in whole or in part.

161--9.21(216) Certification and return; copies.

9.21(1) When the deposition is transcribed, the investigator or other officer shall certify on the deposition that the witness was duly sworn and that the deposition is a true record of the testimony given by the witness. Documents and things produced for inspection during the deposition shall, upon the request of the investigator, be marked for identification and annexed to the deposition, except that:

a. The person producing the materials may substitute copies to be marked for identification, if the investigator is provided fair opportunity to verify the copies by comparison with the originals;

b. If the person producing the materials requests their return, the investigator shall mark, copy, and, at some time prior to the completion of the investigation, return them to the person producing them. The materials may then be used in the same manner as if annexed to the deposition.

9.21(2) Upon payment of reasonable charges therefor, the commission shall furnish a copy of the deposition to the party who was deposed or to the deponent.

161--9.22(216) Before whom taken. The officer taking the deposition shall not be a party, a person financially interested in the action, an attorney or employee of any party, an employee of any such attorney, or any person related within the fourth degree of consanguinity or affinity to a party, a party's attorney, or an employee of either of any party.

161--9.23(216) Deposition subpoena.

9.23(1) The commission may issue subpoenas for persons named in and described in a notice to take depositions under rule 9.18(216). Subpoenas may also be issued as provided by statute or by rule 161--3.14(216).

9.23(2) No resident of Iowa shall be subpoenaed to attend a deposition out of the county where the deponent resides, or is employed, or transacts business in person.

161--9.24(216) Costs of taking deposition. Costs of taking and proceeding to procure a deposition shall be paid by the commission.

161--9.25(216) Irregularities and objections.

9.25(1) Notice. All objections to any notice of taking any depositions are waived unless promptly served in writing upon the commission.

9.25(2) Officer. Objection to the commission investigator or other officer's qualification to take a deposition is waived unless made before such taking begins, or as soon thereafter as objector knows it or could discover it with reasonable diligence.

9.25(3) Taking depositions. Errors or irregularities occurring during an oral deposition as to any conduct or manner of taking it, or the oath, or the form of any question or answer, and any other errors which might thereupon have been cured, obviated or removed, are waived unless seasonably objected to during the deposition.

161--9.26(216) Service of discovery. Service of documents pertaining to discovery procedures described in this chapter, other than subpoenas, may be accomplished by the same means as in rule 161--4.6(17A).

161--9.27(216) Appeals. Appeals from an imposition of sanctions by the presiding officer for discovery under rule 9.16(216) are filed and processed in the same manner as appeals under rule 161--4.23(17A). Appeals from other decisions rendered by the presiding officer for discovery are filed and processed in the same manner as appeals under rule 161--4.25(17A).

161--9.28(216) Representation of commission. At all discovery hearings, motions, and appeals, including those proceedings before the presiding officer for discovery, the commission may be represented by a member of the attorney general's office.

ITEM 3. Amend 161--Chapter 9, implementation clause, as follows:

These rules are intended to implement Iowa Code sections 216.5(13), 216.8 and 216.8A.

ARC 8996A

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 147.76, the Iowa Board of Dental Examiners gives Notice of Intended Action to amend Chapter 29, "Deep Sedation/General Anesthesia, Conscious Sedation and Nitrous Oxide Inhalation Analgesia," Iowa Administrative Code.

Chapter 29 is being amended to clarify that dental hygien-ists may, under direct supervision, assist the dentist with the monitoring of nitrous oxide inhalation analgesia.

Any interested person may make written suggestions or comments on these proposed amendments prior to June 8, 1999. Such written comments should be directed to Constance L. Price, Executive Director, Iowa Board of Dental Examiners, Executive Hills West, 1209 East Court, Des Moines, Iowa.

There will be a public hearing on June 23, 1999, at 1 p.m. in the Second Floor Conference Room, Executive Hills West, 1209 East Court, Des Moines, Iowa. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the rule.

The proposed amendments are intended to implement Iowa Code sections 153.33 and 153.34.

The following amendments are proposed.

Adopt the following new subrules:

29.6(4) Dental hygienists may under direct supervision assist the dentist with the monitoring of nitrous oxide inhalation analgesia by taking vital signs and adjusting anesthetic concentrations as designated by the dentist provided they meet the requirements set forth in 29.6(2) and 29.6(5). The dentist must carry out the appropriate physical evaluation of the patient. The dentist shall induce the nitrous oxide inhalation analgesia and shall be available for consultation or treatment during the rest of the procedure. It must be determined by the dentist that the patient is appropriately responsive and physiologically stable prior to the discharge.

29.6(5) The dental hygienist shall satisfactorily complete a course of instruction in the use of nitrous inhalation analgesia which includes both didactic and clinical instruction offered by a teaching institution accredited by the American Dental Association. The course of study shall include instruction in the theory of pain control, anatomy, medical history, pharmacology and emergencies and complications. Dental hygienists who have been assisting in the monitoring of nitrous oxide inhalation analgesia under the direct supervision of a licensed dentist in a competent manner for the previous 12-month period, but have not had the benefit of a formal course of instruction, may continue to assist with the monitoring of nitrous oxide inhalation analgesia under the direct supervision of a licensed dentist provided the dental hygienist meets the requirements of paragraph 29.6(2).

29.6(6) If the dentist intends to achieve a state of conscious sedation from the administration of nitrous oxide inhalation analgesia, the rules for conscious sedation apply.

ARC 9038A

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 17A.3 and 455A.6, the Environmental Protection Commission of the Department of Natural Resources hereby gives Notice of Intended Action to rescind Chapter 4, "Agency Procedure for Rule Making," and adopt a new Chapter 4 with the same title; to rescind Chapter 5, "Petitions for Rule Making," and adopt a new Chapter 5 with the same title; and to rescind Chapter 6, "Declaratory Rulings," and adopt a new Chapter 6, "Declaratory Orders," Iowa Administrative Code.

The purpose of rescinding and adopting new chapters is to adopt the revised Uniform Rules on Agency Procedure and to allow the department's rules to conform to the recent changes in the Iowa Administrative Procedure Act, Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202.

The proposed action is to adopt by reference the rule making affecting 561--Chapters 4, 5, and 6. A Notice of Intended Action in that rule making was published as ARC 8942A in the April 21, 1999, Iowa Administrative Bulletin.

Any interested person may make written suggestionsor comments on the proposed amendments on or before June 8, 1999. Written comments should be directed to AnnePreziosi, Department of Natural Resources, Air Quality Bureau, 7900 Hickman Road, Urbandale, Iowa 50322; (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 prior to June 8, 1999.

These amendments are intended to implement Iowa Code section 455A.6 and Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202.

The following amendments are proposed.

ITEM 1. Rescind 567--Chapter 4, "Agency Procedure for Rule Making," and adopt the following new chapter in lieu thereof:

567--4.1(17A) Adoption by reference. The commission adopts by reference 561--Chapter 4, Iowa Administrative Code.

This rule is intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202.

ITEM 2. Rescind 567--Chapter 5, "Petitions for Rule Making," and adopt the following new chapter in lieu thereof:

567--5.1(17A) Adoption by reference. The commission adopts by reference 561--Chapter 5, Iowa Administrative Code.

This rule is intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202.

ITEM 3. Rescind 567--Chapter 6, "Declaratory Rulings," and adopt the following new chapter in lieu thereof:

567--6.1(17A) Adoption by reference. The commission adopts by reference 561--Chapter 6, Iowa Administrative Code.

This rule is intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202.

ARC 9037A

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 455B.103A, the Environmental Protection Commission hereby gives Notice of Intended Action to amend Chapter 64, "Wastewater Construction and Operation Permits," Iowa Administrative Code.

Amendments to Chapter 64 clarify storm water general permit requirements regarding the transfer of property on which construction activity is taking place while the property is still covered under the provisions of the storm water permit. These amendments outline the responsibilities of both the permittee and transferee. These amendments also specify the conditions under which a permittee may be exempted from keeping records on the construction site.

A typographical error is also being corrected in General Permit No. 2.

Any interested person may make written suggestions or comments on the proposed amendments on or before June 18, 1999. Written comments should be directed to Storm Water Coordinator, Department of Natural Resources, Wallace State Office Building, 502 E. 9th St., Des Moines, Iowa 50319-0034; fax (515)281-8895.

Also, there will be a public hearing on June 18, 1999, at 1:30 p.m. in the Fifth Floor Conference Room of the Wallace State Office Building at which time persons may present their views either orally or in writing. At the hearing people will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

Any persons who intend to attend a public hearing and have special requirements such as hearing or mobility impairments should contact the Department of Natural Resources and advise of specific needs.

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

The following amendments are proposed.

ITEM 1. Amend rule 567--64.6(455B) by adopting the following new subrule:

64.6(6) Transfer of ownership--construction activity part of a larger common plan of development. For construction activity which is part of a larger common plan of development, such as a housing or commercial development project, in the event a permittee transfers ownership of all or any part of property subject to NPDES General Permit No. 2 both the permittee and transferee shall be responsible for compliance with the provisions of the general permit for that portion of the project which has been transferred including when the transferred property is less than five acres in area from and after the date the department receives written notice of the transfer, provided that:

a. The transferee is notified in writing of the existence and location of the general permit and pollution prevention plan, and of the transferee's duty to comply, and proof of such notice is included with the notice to the department of the transfer.

b. If the transferee agrees, in writing, to become the sole responsible permittee for the property which has been transferred, then the transferee shall be solely responsible for compliance with the provisions of the general permit for the transferred property from and after the date the department receives written notice of the transferee's assumption of responsibility.

ITEM 2. Amend subrule 64.15(2) by adopting the following new paragraphs:

a. Part II, provision F of General Permit No. 2 is amended to read as follows:

F. TRANSFER OF COVERAGE UNDER THIS PERMIT. For storm water discharge associated with industrial activity for construction activities where ownership changes, the Department must be notified of the title transfer within 30 days. If a storm water discharge associated with industrial activity for construction activities is covered by this general permit, the new owner(s) shall be subject to all terms and conditions of this general permit. A copy of the notice of transfer of title that was sent to the Department shall be included in the pollution prevention plan. For construction activity which is part of a larger common plan of development such as a housing or commercial development project, if a permittee transfers ownership of all or any part of property subject to this permit both the permittee and transferee shall be responsible for compliance with the provisions of this permit for that portion of the project which has been transferred including when the transferred property is less than five acres in area. If the new owner(s) agree in writing to be solely responsible for compliance with the provisions of this permit for the property which has been transferred, then the existing permittee(s) shall be relieved of responsibility for compliance with this permit for the transferred property, from and after the date the Department receives written notice of transfer of responsibility. A copy of the notice of transfer of responsibility shall be included in the pollution prevention plan.

b. Part III, provision B of General Permit No. 2 is amended to read as follows:

B. RELEASES IN EXCESS OF REPORTABLE QUANTITIES. Any owner or operator identified in the pollution prevention plan is subject to the spill notification requirements as specified in 455B.386 of the Iowa Code. Iowa law requires that as soon as possible but not more than six hours after the onset of a "hazardous condition" the Department and local sheriff's office or the office of the sheriff of the affected county be notified.

c. Part V, RETENTION OF RECORDS, provision B of General Permit No. 2 is amended to read as follows:

B. If there is a construction trailer, shed or other covered structure located on the property the permittee shall retain a copy of the storm water pollution prevention plan required by this permit at the construction site from the date of project initiation to the date of final stabilization. If there is no construction trailer, shed or other covered structure located on the property, the permittee shall retain a copy of the plan at a readily available alternative site approved by the Department and provide it for inspection upon request. If the plan is maintained at an off-site location such as a corporate office, it shall be provided for inspection no later than two business days after being requested.

ARC 8990A

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 249A.4, the Department of Human Services proposes to amend Chapter 79, "Other Policies Relating to Providers of Medical and Remedial Care," appearing in the Iowa Administrative Code.

These amendments revise the historical data and cost reporting time periods used for the rebasing of hospital base and capital costs, recalculation of direct and indirect medical education and disproportionate share costs, recalibration of DRG (diagnosis-related group) weights for inpatient hospital reimbursements, and recalibration of APG (ambulatory patient group) weights for hospital outpatient reimbursements. In addition, a correction is made for the frequency of the distribution of funds paid from the direct and indirect medical education fund and the disproportionate share fund.

Current rules require that the DRG and APG weights be rebased and recalibrated every three years. The recalculation of direct and indirect medical education and disproportionate share costs is being done to reflect current shifts in costs and patients served.

Monthly rather than quarterly distribution of direct and indirect medical education and disproportionate share funds have proven to be beneficial to hospitals for cash flow purposes. This frequency of payments is currently being used.

This rebasing and recalibration of hospital costs must be budget neutral and have no fiscal impact on the state.

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 June 9, 1999.

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

The following amendments are proposed.

ITEM 1. Amend subrule 79.1(5) as follows:

Amend paragraph "a," definition of "Base year cost report," as follows:

"Base year cost report" shall mean the hospital's cost report with fiscal-year-end on or after January 1, 1995 1998, and prior to January 1, 1996 1999, except as noted in 79.1(5)"x." Cost reports shall be reviewed using Medicare's cost reporting regulations for cost reporting periods ending on or after January 1, 1995 1998, and prior to January 1, 1996 1999.

Amend paragraph "c" as follows:

c. Calculation of Iowa-specific weights and case-mix index. Using all applicable claims for the period January 1, 1994 1997, through December 31, 1995 1998, and paid through April 26, 1996 March 31, 1999, the recalibration will use all normal inlier claims, discard short stay outliers, discard transfers where the final payment is less than the full DRG payment and including transfers where the full payment is greater than or equal to the full DRG payment, and use only the estimated charge for the inlier portion of long stay outliers and cost outliers for weighting calculations. These are referred to as trimmed claims.

(1) Iowa-specific weights are calculated from Medicaid charge data on discharge dates occurring from January 1, 1994 1997, to December 31, 1995 1998, and paid through April 26, 1996 March 31, 1999. One weight is determined for each DRG with noted exceptions. Weights are determined through the following calculations:

1. Determine the statewide geometric mean charge for all cases classified in each DRG.

2. Compute the statewide aggregate geometric mean charge for each DRG by multiplying the statewide geometric mean charge for each DRG by the total number of cases classified in that DRG.

3. Sum the statewide aggregate geometric mean charges for all DRGs and divide by the total number of cases for all DRGs to determine the weighted average charge for all DRGs.

4. Divide the statewide geometric mean charge for each DRG by the weighted average charge for all DRGs to derive the Iowa-specific weight for each DRG.

5. Normalize the weights so that the average case has a weight of one.

(2) The hospital-specific case-mix index is computed by taking each hospital's trimmed claims that match the hospital's 1995 1998 fiscal year and paid through April 26, 1996 March 31, 1999, summing the assigned DRG weights associated with those claims and dividing by the total number of Medicaid claims associated with that specific hospital for that period.

Amend paragraph "e," subparagraph (3), first unnumbered paragraph, as follows:

Compensation for routine disproportionate share payments for indigent patients is included in the rate table listing if applicable to the provider and the claim has a date of discharge before July 1, 1997. This amount is added to the blended base amount plus add-ons prior to setting the final payment rate. Compensation for supplemental disproportionate share payments is calculated and paid monthly. Hospitals qualify for disproportionate share payments based on information contained in the hospital's available 1995 1998 submitted Medicaid cost report, and other supporting schedules. Either routine or supplemental disproportionate share payments are determined when the hospital's low-income utilization rate, as defined by the ratio of gross billings for all Medicaid, bad debt, and charity care patients to total billings for all patients, is 25 percent or greater. Gross billings do not include cash subsidies received by the hospital for inpatient hospital services except as provided from state or local governments. Hospitals also qualify for either routine or supplemental disproportionate share payments when the hospital's inpatient Medicaid utilization rate, defined as the number of total Medicaid days, both in-state and out-of-state, and Iowa state indigent patient days divided by the number of total inpatient days for both in-state and out-of-state recipients, exceeds one standard deviation from the statewide average Medicaid utilization rate. Children's hospitals, defined as hospitals with inpatients predominantly under 18 years of age, receive twice the percentage of inpatient hospital days attributable to Medicaid patients.

Amend paragraph "i," subparagraph (1), as follows:

(1) Per diem calculation. The base rate shall be the medical assistance per diem rate as determined by the individual hospital's cost report for the hospital's 1988 1998 fiscal year. No recognition will be given to the professional component of the hospital-based physicians except as noted under 79.1(5)"j."

Amend paragraph "y" as follows:

y. Graduate medical education and disproportionate share fund. Payment shall be made to all hospitals qualifying for direct medical education, indirect medical education or disproportionate share payments directly from the graduate medical education and disproportionate share fund. The amount in the fund and distributions from the fund shall be calculated from the following components:

(1) Allocation for direct medical education. To determine the total amount of funding that will be allocated to the graduate medical education and disproportionate share fund for direct medical education, the department shall:

1. Sum all direct medical education payments using claims reimbursed to qualifying providers with dates of discharge from October 1, 1996 1998, through March 31, 1997 1999, and paid through June 30, 1997 1999. These claims shall then be multiplied by two and statistically adjusted to fully annualize the amount of money to be placed in the fund for distribution and the total amount of computed reimbursement shall be allocated to the fund.

2. Sum all direct medical education payments using claims reimbursed to qualifying providers when those claims have been used as a basis for the calculation of capitation rates and reimbursement with any health maintenance organization (HMO) or other prepaid health plan with which the department has entered into a contract effective on or after July 1, 1997.

For each prepaid health plan, divide the total dollar reimbursement from claims by the number of member months applicable to the rate-setting methodology for the per member per month (PMPM) allocation to calculate the amount of reimbursement to be allocated to the fund that represents capitation rate reimbursement allocation for direct medical education. The direct medical education PMPM allocation shall then be multiplied by the total number of members enrolled in the plan for state fiscal year 1997, allocating that amount of money to the fund.

3. Trend the total allocation for direct medical education (which includes money for both the fee for service population and the capitated risk-based population, calculated under numbers "1" and "2" above) forward using annually appropriated legislative update factors and determine the total amount of money that shall be allocated to the graduate medical education and disproportionate share fund for direct medical education Medicaid reimbursement. No adjustments shall be made to this fund beyond appropriated amounts.

(2) Distribution of direct medical education. Distribution of the fund for direct medical education shall be on a quarterly monthly basis beginning October 1, 1997, and shall be calculated by taking the previous fiscal year's percentage allocation of direct medical education reimbursement (based upon paid claims to qualifying hospitals) and multiplying that percentage by the amount in the fund for direct medical education.

If a hospital fails to qualify for the provision of medical education under Medicare regulations, the amount of money that could have been allocated to that hospital shall be removed from the total fund.

(3) Allocation for indirect medical education. To determine the total amount of funding that will be allocated for the graduate medical education and disproportionate share fund for indirect medical education, the department shall:

1. Sum all routine indirect medical education payments using claims reimbursed to qualifying providers with dates of discharge from October 1, 1996 1998, through March 31, 1997 1999, and paid through June 30, 1997 1999. These claims shall then be multiplied by two and statistically adjusted to fully annualize the amount of money to be placed in the fund for distribution and the total amount of reimbursement shall be applied to the fund.

2. Sum all routine indirect medical education payments from claims made to qualifying providers when those claims have been used as a basis for the calculation of capitation rates and reimbursement with any HMO or other prepaid health plan with which the department has entered into a contract effective on or after July 1, 1997.

For each prepaid health plan, divide the total dollar reimbursement from claims by the number of member months applicable to the rate-setting methodology for the per member per month (PMPM) allocation to calculate the amount of reimbursement to be allocated to the fund that represents capitation rate reimbursement allocation for routine indirect medical education. The indirect medical education PMPM allocation shall then be multiplied by the total number of members enrolled in the plan for state fiscal year 1997, allocating that amount of money to the fund.

3. Trend the total allocation for routine indirect medical education (which includes money for both the fee for service population and the capitated risk-based population, calculated under numbers "1" and "2" above) forward using annually appropriated legislative update factors and determine the total amount of money that shall be allocated to the graduate medical education and disproportionate share fund for indirect medical education Medicaid reimbursement. No adjustments shall be made to this fund beyond appropriated updates.

(4) Distribution of indirect medical education. Distribution of the fund for indirect medical education shall be on a quarterly monthly basis beginning October 1, 1997, and shall be calculated by taking the previous fiscal year's percentage allocation of indirect medical education reimbursement (based upon paid claims to qualifying hospitals) and multiplying the total amount of money allocated to the graduate medical education and disproportionate share fund for indirect medical education by each respective hospital's percentage.

If a hospital fails to qualify for the provision of medical education under Medicare regulations, the amount of money that would otherwise be allocated to that hospital shall be removed from the total fund.

(5) Allocation for disproportionate share. To determine the total amount of funding that shall be allocated to the graduate medical education and disproportionate share fund for disproportionate share payments, the department shall:

1. Sum all routine disproportionate share payments for the fee for service population reimbursed to qualifying providers with dates of discharge from October 1, 1996 1998, through March 31, 1997 1999, and paid through June 30, 1997 1999. These claims shall then be multiplied by two and statistically adjusted to fully annualize the amount of money to be placed in the fund for distribution and the total amount of reimbursement shall be applied to the fund.

2. Sum all routine disproportionate share payments from claims made to qualifying providers when those claims have been used as a basis for the calculation of capitation rates and reimbursement with either an HMO or other prepaid health plan with which the department has entered into a contract effective on or after July 1, 1997.

For each prepaid health plan, divide the total dollar reimbursement from claims by the number of member months applicable to the rate-setting methodology for the per member per month (PMPM) allocation to calculate the amount of reimbursement to be allocated to the fund that represents capitation rate reimbursement allocation for routine disproportionate share. The disproportionate share PMPM allocation shall then be multiplied by the total number of members enrolled in the plan for state fiscal year 1997, allocating that amount of money to the fund.

3. Trend the total allocation for routine disproportionate share (which includes money for both the fee for service population and the capitated risk-based population, calculated under numbers "1" and "2" above) forward using annually appropriated legislative update factors and determine the total amount of money that shall be allocated to the graduate medical education and disproportionate share fund for disproportionate share Medicaid reimbursement. No adjustments shall be made to this fund beyond appropriated updates. The total amount of disproportionate share reimbursement cannot exceed the cap that was implemented under Public Law 102-234.

(6) Distribution of disproportionate share fund. Distribution of the fund for disproportionate share shall be on a quarterly monthly basis beginning October 1, 1997, and shall be calculated by taking the previous fiscal year's percentage allocation of direct medical education reimbursement (based upon paid claims to qualifying hospitals) and dividing the total amount of money allocated to the graduate medical education and disproportionate share fund for disproportionate share by each respective hospital's percentage.

If a hospital fails to qualify for reimbursement for disproportionate share under Iowa Medicaid regulations, the amount of money that would otherwise be allocated for that hospital shall be removed from the total fund.

ITEM 2. Amend subrule 79.1(16) as follows:

Amend paragraph "a," definition of "Base year cost report," as follows:

"Base year cost report" shall mean the hospital's cost report with fiscal-year-end on or after January 1, 1995 1998, and prior to January 1, 1996 1999, except as noted in paragraph "s." Cost reports shall be reviewed using Medicare's cost reporting and cost principles regulations for those cost reporting periods.

Amend paragraph "d" as follows:

d. Calculation of Iowa-specific relative weights and case-mix index. Using all applicable claims with dates of service occurring in the period July 1, 1994 January 1, 1997, through March 22, 1996 December 31, 1998, and paid through March 22, 1996 March 31, 1999, relative weights were are calculated using all valid singleton claims, which had been are trimmed at high and low trim points, as discussed in paragraph "c." Using all applicable claims with dates of service occurring within the individual hospital's 1995 1998 fiscal year and paid through March 22, 1996 March 31, 1999, the hospital-specific case-mix indices were are calculated using all valid singleton claims, which had been are trimmed at the high and low trim points, as discussed in paragraph "c."

(1) A relative weight is determined for each APG through the following calculations:

1. The statewide geometric mean charge is determined for all singleton occurrences of each APG.

2. The statewide aggregate geometric mean charge is computed by summing the statewide geometric charge for all APGs and dividing by the total number of APG occurrences.

3. The statewide geometric mean charges for each APG are divided by the statewide aggregate geometric mean charge for all APGs to derive the Iowa-specific relative weight for each APG.

4. Relative weights for APGs which had have low or no volume in the claims data, and those weights which were are deemed too high or low by a committee of clinicians from the Iowa Foundation for Medical Care, shall be administratively adjusted.

5. The relative weights are then normalized, so that the average case has a weight of one.

(2) The hospital-specific case-mix index is computed by summing the relative weights for each valid occurrence of an APG at that hospital and dividing by the number of valid Medicaid visits for that hospital.

Amend paragraphs "j," "p," and "v" as follows:

j. System implementation, rebasing, and recalibration. For state fiscal years 1995 and 1996, a risk corridor has been established to ensure that APG payments to each hospital will not be less than 95 percent or greater than 105 percent of Medicaid allowable costs. For the state fiscal year 1997, a risk corridor has been established to ensure that hospital payments will not be less than 90 percent or greater than 110 percent of Medicaid allowable costs.

Periodic interim payments, made quarterly to ensure adequate cash flow to hospitals during the transition, will begin 30 days after the quarter ending March 31, 1995. No periodic interim payment will be made to any hospital within the corridor limits. Money may also be requested to be refunded if an overpayment exists.

The APG system will be rebased and recalibrated every three years beginning October 1, 1996. Cost reports used will be hospital fiscal year-end reports within the calendar year ending no later than December 31, 1995 1998. Case-mix indices shall be calculated using valid claims most nearly matching each hospital's fiscal year end.

p. Cost report adjustments. Hospitals with 1995 1998 cost reports adjusted by Medicare through the cost settlement process for cost reports applicable to the APG base year, may appeal to the department the hospital-specific base and add-on costs used in calculating the Medicaid APG rates if the Medicare adjustment results in a material change to the rate. Any appeal of the APG rate due to Medicare's adjustment process must be made in writing to the department within 30 days of Medicare's finalization and notification to the provider. If the provider does not notify the department of the adjusted amounts within the 30-day period, no costs shall be reconsidered for adjustment by Iowa Medicaid. Claims adjustment reflecting the changed rates shall only be made to claims that have been processed within one year prior to the notification from the provider or the beginning of the rebasing period, whichever is less.

v. Graduate medical education and disproportionate share fund. Payment shall be made to all hospitals qualifying for direct medical education directly from the graduate medical education and disproportionate share fund. The amount in the fund and distributions from the fund shall be calculated as follows:

(1) Allocation for direct medical education. To determine the total amount of funding that will be allocated to the graduate medical education and disproportionate share fund, the department shall:

1. Sum all direct medical education add-on payments for outpatient services using claims reimbursed to qualifying providers with the first date of service on or after October 1, 1996 1998, prior to March 31, 1997 1999, and paid through June 30, 1997 1999. These amounts shall then be multiplied by two to annualize the amount of money to be placed in the fund for distribution and the total amount of computed reimbursement shall be allocated to the fund.

2. Sum all direct medical education add-on payments for outpatient services, using claims reimbursed to qualifying providers, when those claims have been used as a basis for the calculation of capitation rates and reimbursement with any health maintenance organization (HMO) or other prepaid health plan with which the department has entered into a contract effective on or after July 1, 1997.

For each prepaid health plan, divide the total dollar reimbursement from claims by the number of member months applicable to the rate-setting methodology for the per member per month (PMPM) allocation to calculate the amount of reimbursement to be allocated to the fund that represents capitation rate reimbursement allocation for direct medical education. The direct medical education PMPM allocation shall then be multiplied by the total number of members enrolled in the plan for state fiscal year 1997, allocating that amount of money to the fund.

3. Trend the total allocation for direct medical education (which includes money for both the fee for service population and the capitated risk-based population, calculated under numbers "1" and "2" above) forward using annually appropriated legislative update factors and determine the total amount of money that shall be allocated to the graduate medical education and disproportionate share fund for direct medical education Medicaid reimbursement. No adjustments shall be made to this fund beyond appropriated amounts.

(2) Distribution of direct medical education. Distribution of the fund for direct medical education shall be on a quarterly monthly basis beginning October 1, 1997, and shall be calculated by taking the previous fiscal year's percentage allocation of direct medical education reimbursement (based upon paid outpatient claims to qualifying hospitals) and multiplying that percentage by the amount in the fund for direct medical education.

If a hospital fails to qualify for the provision of medical education under Medicare regulations, the amount of money that would have been allocated that hospital shall be removed from the total fund.

ARC 8994A

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 217.6 and 252B.16, the Department of Human Services proposes to amend Chapter 95, "Collections," and to rescind Chapter 97, "Collection Services Center," appearing in the Iowa Administrative Code, and to adopt a new Chapter 97, "Collection Services Center," Iowa Administrative Code.

These amendments implement the following changes to policy governing the collection of child support:

* Policy is revised to allow the use of the date a payment is received by the collection services center as the date the support is collected. The rule regarding appeals based upon the date of collection is being rescinded because it was in place to address issues related to receipt of the payment based upon the date of collection. The appeals provision for that issue is no longer necessary.

By changing the date of collection to the date the payment is received, employers and clerks of court will no longer be asked to report the withholding date. This means employers and clerks of court will submit less documentation per case. Currently when employers do not report the withholding date, the collection services center imputes a withholding date. This will no longer be necessary. By using the date the collection services center receives a payment as the date of collection, all payments are treated the same regardless of whether the payment is from the obligor, an employer, clerk of court or another state. Additionally, in the past the date of withholding was used by the Department in determining if a rebate should have been issued to an obligee for a given month. With the 1998 legislative change eliminating rebates, there is no longer a need for the date of collection to determine when rebates should be issued.

* All references to rebates are being removed as the law that required payment of the first $50 to a family on the Family Investment Program was removed from federal and state law in July of 1998.

* Code and rule references are updated.

* Chapter 97 is rewritten to comply with mandates in federal law that require the establishment of a state disbursement unit to process all payments made through Iowa income withholding orders to a single location in the state and 1998 Iowa Acts, chapter 1170, Division I, which requires the collection services center to meet the requirements for the state disbursement unit by October 1, 1999.

These amendments are based upon recommendations provided by a task force that contained representatives from the State Bar Association, the legislature, employers, the banking industry, obligor groups, obligee groups, the clerks of court, and the judicial branch.

Beginning in June of 1999, clerks of court will begin transferring the necessary information on cases identified as receiving payment through income withholding at the clerk of court offices. As cases are established, the Child Support Recovery Unit will send notices to the employers within the state of Iowa to send all child support withheld from income to the collection services center. All cases will be converted by October 1, 1999.

It is expected this will increase the number of payments processed by the collection services center by approximately 30 percent in a two- to three-month period. The number of payments processed by the collection services center will continue to increase over time on a regular basis, as Iowa law now requires that child support payments be withheld from an obligor's income upon the entry of the support order.

Major changes to Chapter 97 include clarifications on the following issues: when and how the responsibility for processing child support payments transfers from the clerks of court to the collection services center, which entity is responsible for maintaining the official payment records for each type of child support case, when the unit provides the obligor payment coupons for their case, how an obligor or employer may make a payment, what happens if a check is returned as insufficient, how the payment is authorized for release to the obligee, and how the collection services center handles payments it should not have received. Many of the rules in Chapter 97 that are being rescinded were based upon 1987 law that was rescinded by the legislature in 1988, but the rules had not been updated.

With the assumption of the state disbursement unit duties by the collection services center, employers will be able to write one check per pay period for support withheld under Iowa income withholding orders and send all child support payments to a single location. Additionally, employers will be able to make payments through an electronic transfer of funds. This replaces writing multiple checks and mailing to up to 101 different locations within Iowa.

The collection services center is also able to provide direct deposit to obligees, a service currently not available through the clerks of court.

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 June 9, 1999.

Oral presentations may be made by persons appearing at the following meetings. Written comments will also be accepted at these times.

Cedar Rapids - June 9, 1999 9 a.m.

Child Support Recovery Unit

Iowa Building - Suite 600

Sixth Floor Conference Room

411 Third St. S. E.

Cedar Rapids, Iowa 52401

Council Bluffs - June 9, 1999 9 a.m.

Child Support Recovery Unit

300 W. Broadway, Suite 32

Council Bluffs, Iowa 51503

Davenport - June 9, 1999 9 a.m.

Child Support Recovery Unit

Large Conference Room

3911 W. Locust

Davenport, Iowa 52804

Des Moines - June 10, 1999 8 a.m.

Child Support Recovery Unit

1901 Bell Avenue, Suite 8

Des Moines, Iowa 50315

Mason City - June 10, 1999 2 p.m.

Child Support Recovery Unit

Mohawk Square, Liberty Room

22 North Georgia Avenue

Mason City, Iowa 50401

Ottumwa - June 10, 1999 9 a.m.

Department of Human Services

Conference Room 3

120 East Main

Ottumwa, Iowa 52501

Sioux City - June 11, 1999 10 a.m.

Child Support Recovery Unit

Fifth Floor

520 Nebraska St.

Sioux City, Iowa 51101

Waterloo - June 10, 1999 1 p.m.

Child Support Recovery Unit

501 Sycamore, Suite 400

Waterloo, Iowa 50703

Any persons who intend to attend a public hearing and have special requirements such as hearing or vision impairments should contact the Bureau of Policy Analysis at (515) 281-8440 and advise of special needs.

These amendments are intended to implement Iowa Code sections 252B.13A through 252B.17.

The following amendments are proposed.

ITEM 1. Amend rule 441--95.1(252B) as follows:

Amend the definitions of "Caretaker," "Date of collection," "Dependent child," and "Public assistance," as follows:

"Caretaker" shall mean a custodial parent, relative or guardian whose needs are included in an assistance grant paid according to 1997 Iowa Acts, Senate File 516, sections 2 through 24 and 35 Iowa Code chapter 239B, or who is receiving this assistance on behalf of a dependent child, or who is a recipient of nonassistance child support services.

"Date of collection" shall mean the date that a support payment is received by the department or the legal entity of any state or political subdivision actually making the collection, or the date that a support payment is withheld from the income of a responsible person by an employer or other income provider, whichever is earlier unit.

"Dependent child" shall mean a person who meets the eligibility criteria established in Iowa Code chapter 234 or 1997 Iowa Acts, Senate File 516 239B, and whose support is required by Iowa Code chapter 234, 239B, 252A, 252C, 252F, 252H, 252K, 598 or 600B, and any other comparable chapter, or 1997 Iowa Acts, Senate File 516, or House File 612, division XI.

"Public assistance" shall mean assistance provided according to Iowa Code chapter 239B or 249A, or 1997 Iowa Acts, Senate File 516, sections 2 through 24 and 35, or the cost of foster care provided by the department according to chapter 234, or assistance provided under comparable laws of other states.

Add the following new definition in alphabetical order:

"Payor of income" shall have the same meaning provided this term in Iowa Code section 252D.16.

Amend the implementation clause to read as follows:

This rule is intended to implement Iowa Code chapters 252B, as amended by 1997 Iowa Acts, House File 612, divisions II and XVI, and section 201; 252C and 252D.

ITEM 2. Amend the implementation clause following rule 441--95.2(252B) to read as follows:

This rule is intended to implement Iowa Code sections 252B.3 as amended by 1997 Iowa Acts, House File 612, section 26, and 252B.4 as amended by 1997 Iowa Acts, House File 612, sections 27, 28 and 29.

ITEM 3. Rescind rule 441--95.3(252B) and insert the following new rule in lieu thereof:

441--95.3(252B) Crediting of current and delinquent support. The amounts received as support from the obligor or payor of income shall be credited as the required support obligation for the month in which the collection services center receives the payment. Any excess shall be credited as delinquent payments and shall be applied to the immediately preceding month, and then to the next immediately preceding month until all excess has been applied. Funds received as a result of federal tax offsets are credited according to subrule 95.7(9).

95.3(1) Treatment of vacation or severance pay. When CSC is notified or otherwise becomes aware that a payment received from an income provider pursuant to 441--Chapter 98, Division II, includes payment amounts such as vacation pay or severance pay, these amounts are considered to be received in the months documented by the income provider.

95.3(2) Payment received at the end of the month. An additional payment in the month which is received from the obligor or payor of income within five calendar days prior to the end of the month shall be considered collected in the next month if:

a. The collection services center is notified by the obligor or payor of income that the payment is for the next month, and

b. Support for the current month is fully paid.

This rule is intended to implement Iowa Code sections 252B.3, 252B.4, and 252B.11.

ITEM 4. Amend the implementation clause following rule 441--95.6(252B) to read as follows:

This rule is intended to implement Iowa Code sections 252B.3 as amended by 1997 Iowa Acts, House File 612, section 26, and 252B.4 as amended by 1997 Iowa Acts, House File 612, sections 27, 28 and 29.

ITEM 5. Amend rule 441--95.7(252B) as follows:

Amend subrule 95.7(9) as follows:

95.7(9) Application of offsets. Offsets of federal income tax refunds shall be applied to delinquent support only. The department shall first apply the amount collected from an offset to delinquent support assigned to the department under Iowa Code chapter chapters 234 and 1997 Iowa Acts, Senate File 516, sections 2 through 24 and 35 239B. The department shall then apply any amount remaining in equal proportions to delinquent support due individuals receiving nonassistance services.

Amend the implementation clause following rule 441--95.7(252B) to read as follows:

This rule is intended to implement Iowa Code sections 252B.3, as amended by 1997 Iowa Acts, House File 612, section 26; 252B.4, as amended by 1997 Iowa Acts, House File 612, sections 27, 28 and 29; and 252B.5 as amended by 1997 Iowa Acts, House File 612, sections 30, 31, 32, and 33.

ITEM 6. Rescind and reserve rule 441--95.13(17A).

ITEM 7. Amend the implementation clause following rule 441--95.14(252B) to read as follows:

This rule is intended to implement Iowa Code sections 252B.4 as amended by 1997 Iowa Acts, House File 612, sections 27, 28, and 29, 252B.5 and 252B.6.

ITEM 8. Amend the implementation clause following rule 441--95.18(252B) to read as follows:

This rule is intended to implement Iowa Code section 252B.4 as amended by 1997 Iowa Acts, House File 612, sections 27, 28 and 29.

ITEM 9. Amend rule 441--95.19(252B) as follows:

Amend subrule 95.19(1), paragraph "b," subparagraph (5), as follows:

(5) If the paternity of the child has not been legally established, submitting to blood or genetic tests pursuant to a judicial or administrative order. The person may be requested to sign a voluntary affidavit of paternity after being given notice of the rights and consequences of signing such an affidavit as required by the statute in Iowa Code section 252A.3A as amended by 1997 Iowa Acts, House File 612, section 2. However, the person shall not be required to sign an affidavit or otherwise relinquish the right to blood or genetic tests.

Amend the implementation clause following rule 441--95.19(252B) to read as follows:

This rule is intended to implement Iowa Code section 252B.3 as amended by 1997 Iowa Acts, House File 612, section 26.

ITEM 10. Amend the implementation clause following rule 441--95.20(252B) to read as follows:

This rule is intended to implement Iowa Code section 252B.3 as amended by 1997 Iowa Acts, House File 612, section 26.

ITEM 11. Amend the implementation clause following rule 441--95.21(252B) to read as follows:

This rule is intended to implement Iowa Code section 252B.4 as amended by 1997 Iowa Acts, House File 612, sections 27, 28 and 29.

ITEM 12. Amend the implementation clause following rule 441--95.22(252B) to read as follows:

This rule is intended to implement Iowa Code section 252B.4 as amended by 1997 Iowa Acts, House File 612, sections 27, 28 and 29.

ITEM 13. Rescind 441--Chapter 97 and insert the following new Chapter 97 in lieu thereof:

The collection services center is the public agency designated by state law as the state disbursement unit with responsibility for the receipt, recording and disbursement of specified support payments within the state of Iowa. The administrative guidelines within this chapter describe the process of transferring support cases or information from the clerks of district court to the collection services center and the policies and procedures used to receive, monitor, and distribute support payments.

441--97.1(252B) Definitions. The definitions of terms used in this chapter shall follow those terms defined in rule 441--95.1(252B) with the exception or addition of the following:

"Collection services center" means the public agency designated to receive, record, monitor, and disburse support payments as defined in Iowa Code section 598.1, 252B.15 or 252D.16, in accordance with Iowa Code sections 252B.13A and 252B.14.

"Correlated non IV-D case" means a non IV-D case where income withholding information must be maintained by the unit in order to properly process an income withholding payment because the obligor has both a non IV-D and a current or former IV-D case.

"Former IV-D case" means a case that previously received services from the unit under rule 441--95.2(252B) but currently receives only payment processing services from the collection services center.

"Insufficient funds payment" means a support payment by check or other financial instrument which is dishonored, not paid, or the funding of the payment is determined to be inadequate.

"IV-D case" means a case that receives services from the unit under rule 441--95.2(252B), including payment processing services from the collection services center.

"Non IV-D case" means a support order that never received services from the unit under rule 441--95.2(252B), but that receives payment processing services from the collection services center for income withholding payments.

"Obligee" means the guardian, custodial parent, person, or entity entitled to receive support payments.

"Obligor" means a parent, relative, or any other person declared to be legally liable for the support of a child or the custodial parent or guardian of the child.

"Payor of income" shall have the same meaning provided this term in Iowa Code section 252D.16.

"Support payment" shall have the same meaning provided this term in Iowa Code section 252D.16.

"Unit" means the child support recovery unit as defined in Iowa Code section 252B.2.

441--97.2(252B) Transfer of records and payments. For non IV-D cases, the clerk of court shall provide core case information to the unit upon the filing of a new income withholding order or upon the request of the unit. For IV-D and correlated non IV-D cases, the clerk of court shall provide detailed case information to the unit upon request. After the establishment of a case, the unit shall send notices of transfer to obligors, obligees and payors of income based upon case type.

97.2(1) Transfer of information on non IV-D and correlated non IV-D cases.

a. In non IV-D cases, the unit shall request the following information necessary for the receipt, recording and disbursement of payments from the clerk of the district court:

(1) The obligor's name and address.

(2) The obligee's name and address.

(3) The court order numbers.

b. In correlated non IV-D cases, the unit shall request the following information necessary for the receipt, recording and disbursement of payments from the clerk of the district court:

(1) The obligor's name and address.

(2) The obligee's name and address.

(3) The court order numbers.

(4) The income withholding order.

c. The clerk of the district court shall provide case information to the unit on a regular basis when an income withholding order is filed with a clerk of court or when the unit requests the information in order to process a payment.

d. The unit shall automatically create cases for payment processing based upon the information received from the clerks of court.

97.2(2) Transfer of information on IV-D cases. In IV-D cases, the clerk of district court shall provide the unit with the following information if the information has been provided to the clerk upon request of the unit:

a. The obligee's name, date of birth, last-known mailing address, the social security number if known and, if different in whole or part, the names of the persons to whom the obligation of support is owed by the obligor.

b. The name, birth date, social security number, and last-known mailing address of the obligor.

c. A copy of all support orders that establish or modify a support amount.

d. The names, social security numbers, and dates of birth of any minor dependents for whom support is ordered, if available.

e. A record of any support payments received by the clerk of district court prior to the transfer of case information and any payments received by the collection services center and the date of transfer to the collection services center.

f. A record of any determination of controlling order under the Uniform Interstate Family Support Act.

441--97.3(252B) Support payment records. Each IV-D, former IV-D and non IV-D case type shall have an official payment record.

97.3(1) Official records for cases. The official payment records for each case type shall be maintained by a designated entity.

a. The collection services center shall establish, maintain and certify the official support payment records for IV-D or former IV-D cases.

b. The clerk of the district court shall establish, maintain and certify the official support payment records for non IV-D and correlated non IV-D cases. The collection services center shall establish and maintain records for receipt and disbursement of income withholding payments for these cases, but shall not certify these records as the complete payment record.

97.3(2) Informal conference for payment records. The unit shall provide an informal conference or desk review regarding the contents of any support payment record to the obligor or obligee upon request.

a. In IV-D or former IV-D cases, the conference shall be available to review the payment record and to answer questions of the obligee or obligor regarding the accuracy of the record.

b. In non IV-D and correlated non IV-D cases, the conference shall be available to review the accuracy of the contents of any record of income withholding payments.

97.3(3) Certified payment records. The unit shall provide certified copies of the official support payment records as defined in paragraph 97.3(1)"a" to the public, upon request, as a public record.

441--97.4(252B) Statement of accounts. The unit shall send to obligors monthly payment statements of the amount due in IV-D cases not paying support through income withholding. The monthly statement shall contain payment coupons to assist the obligor in making support payments for the month. Unless support payments are paid by preauthorized withdrawal of funds through electronic transfer of funds from the financial institution account of the obligor, the obligor shall send a payment coupon with each support payment to designate to which support account the payment shall be applied.

441--97.5(252B) Method of payment. Payments shall be accepted in specific forms from obligors and payors of income.

97.5(1) Form of payment. Support payments may be paid in the form of cash, check, bank draft, money order, preauthorized withdrawal of funds, or other financial instrument, and sent by mail to the collection services center, or by electronic transfer of funds.

97.5(2) Treatment of insufficient funds payments. The unit shall have a process in place to handle insufficient funds payments.

a. An obligor or payor of income submitting an insufficient funds support payment to the collection services center shall be required to submit payments by cash, bank draft, or money order for a period of up to 12 months unless waived by the collection services center. Insufficient funds payments shall not be credited to the collection services center account for the obligor or shall be removed from the account if credited before sufficiency was verified. Insufficient funds support payments shall be subject to additional collection by the collection services center for the dishonored amount.

b. The collection services center shall not process additional payments other than cash, bank drafts or money orders from an obligor or payor of income who has previously submitted insufficient funds payments without first verifying the payment. The collection services center shall have aprocess in place to allow the obligor or the payor of income the opportunity to replace any additional moneys submitted for payment of support before processing in order to avoid additional insufficient funds entries into the official payment records on the affected cases.

97.5(3) Distribution of payment. Nonincome withholding support payments received by the collection services center in IV-D, former IV-D, non IV-D, or correlated non IV-D cases which are not directed to a specific account or support obligation shall first be applied proportionately to the current support obligation on all cases for the obligor and, secondly to the support arrearages owed by the obligor.

441--97.6(252B) Authorization of payment. The collection services center must authorize the generation of warrants for support paid. The collection services center shall issue payments as follows:

97.6(1) Submittal of information to department of revenue and finance. In order to disburse payments to the obligee within two working days, the collection services center shall submit information daily to the department of revenue and finance to issue a warrant or electronic file transfer (EFT) payment to the obligee.

97.6(2) Release of funds. The following workday a state warrant shall be sent by regular mail to the last-known address of the obligee, or an electronic transfer of funds shall be sent to the designated account of the obligee.

97.6(3) Electronic transfer. Obligees who want electronic transfer of support payments shall complete Form 470-2612, Authorization for Automatic Deposit, and submit it to the collection services center.

97.6(4) Walk-ins. Support payments shall not be hand-delivered to the obligee on a walk-in basis.

441--97.7(252B) Processing misdirected payments. If the collection services center receives a payment for which a corresponding obligee cannot be identified, the collection services center shall contact the person or entity that directed the payment to obtain additional information. Payments inappropriately directed to the collection services center shall be returned to the person or entity sending the payment.

These rules are intended to implement Iowa Code sections 252B.13A through 252B.17.

ARC 9029A

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 147.76, the Board of Physical and Occupational Therapy Examiners hereby gives Notice of Intended Action to amend Chapter 200, "Physical Therapy Examiners," Chapter 201, "Occupational Therapy Examiners," and Chapter 202, "Physical Therapist Assistants," Iowa Administrative Code.

These proposed amendments add an additional agency to provide English translation and equivalency evaluation of educational credentials for foreign-trained physical therapists, change the acceptable score on the Test of English as a Foreign Language paper examination, add the acceptance of the Test of English as a Foreign Language computer examination, change the way an applicant pays the examination fee, change the requirements for reinstatement of an inactive or lapsed license, and clarify requirements for supervision provided by the occupational therapist and the physical therapist.

Any interested person may make written comments on the proposed amendments not later than June 8, 1999, addressed to Judy Manning, Professional Licensure, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075.

There will be a public hearing on June 8, 1999, from 8 to 10 a.m. in the Professional Licensure Conference Room, Fifth Floor, Lucas State Office Building, Des Moines, Iowa. Persons may present their views at the public hearing either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments.

The Board has determined that the amendments will have no impact on small business within the meaning of Iowa Code section 17A.31.

These amendments are intended to implement Iowa Code chapters 148A, 148B and 272C.

The following amendments are proposed.

ITEM 1. Amend subparagraph 200.3(1)"b"(1) as follows:

(1) An English translation and an equivalency evaluation of their educational credentials by one of the following: Foreign Credentialing Commission on Physical Therapy, Inc., P.O. Box 25827, Alexandria, VA 22313-9998, telephone (703)684-8406; International Educational Research Foundations, Inc., Credentials Evaluation Service, P.O. Box 66940, Los Angeles, CA 90066, telephone (310)390-6276; International Consultants of Delaware, Inc., 109 Barksdale, Professional Center, Newark, DE 19711, telephone (302)737-8715; International Credentialing Associates, Inc., One Progress Plaza, Suite 810, St. Petersburg, FL 33701, telephone (813)821-8852. The professional curriculum must be equivalent to the Commission of Accreditation in Physical Therapy Education standards and shall consist of a minimum of 60 hours of general education and 60 hours of professional education. An applicant shall bear the expense of the curriculum evaluation.

ITEM 2. Amend subparagraph 200.3(1)"b"(3) as follows:

(3) Provide certified proof of proficiency in the English language by achieving a score of at least 550 560 on the Test of English as a Foreign Language (TOEFL) paper examination and a score of at least 200 on the computer examination administered by the Educational Testing Services, Inc., P.O. Box 6157, Princeton, NJ 08541-6157. An applicant shall bear the expense of the TOEFL examination.

ITEM 3. Amend subparagraph 200.4(4)"c"(1) as follows:

(1) An English translation and an equivalency evaluation of their educational credentials by one of the following: Foreign Credentialing Commission on Physical Therapy, Inc., P.O. Box 25827, Alexandria, VA 22313-9998, telephone (703)684-8406; International Educational Research Foundations, Inc., Credentials Evaluation Service, P.O. Box 66940, Los Angeles, CA 90066, telephone (310)390-6276; International Consultants of Delaware, Inc., 109 Barksdale, Professional Center, Newark, DE 19711, telephone (302) 737-8715; International Credentialing Associates, Inc., One Progress Plaza, Suite 810, St. Petersburg, FL 33701, telephone (813)821-8852. The professional curriculum must be equivalent to the Commission of Accreditation in Physical Therapy Education standards and shall consist of a minimum of 60 hours of general education and 60 hours of professional education. An applicant shall bear the expense of the curriculum evaluation.

ITEM 4. Amend subparagraph 200.4(4)"c"(3) as follows:

(3) Provide certified proof of proficiency in the English language by achieving a score of at least 550 560 on the Test of English as a Foreign Language (TOEFL) paper examination and a score of at least 200 on the computer examination administered by the Educational Testing Services, Inc., P.O. Box 6157, Princeton, NJ 08541-6157. An applicant shall bear the expense of the TOEFL examination.

ITEM 5. Amend rule 645--200.7(147) by adopting a new subrule as follows:

200.7(3) Provide an official statement from each country, territory and state board of examiners regarding the status of the applicant's license, including issue date, expiration date and information regarding any pending or prior investigations or disciplinary action. The applicant shall request such statement from all entities in which the applicant is currently or formerly licensed.

ITEM 6. Amend rule 645--200.8(147) by adopting a new subrule as follows:

200.8(3) Provide an official statement from each country, territory and state board of examiners regarding the status of the applicant's license, including issue date, expiration date and information regarding any pending or prior investigations or disciplinary action. The applicant shall request such statement from all entities in which the applicant is currently or formerly licensed.

ITEM 7. Amend subrule 200.9(1) as follows:

200.9(1) The application fee for a license to practice physical therapy issued upon the basis of examination or endorsement is $100 in check or money order made payable to the Board of Physical and Occupational Therapy Examiners. The examination fee is an additional $185 made payable by cashier's check to the Professional Examination Service (PES) and submitted to the Board of Physical and Occupational Therapy Examiners with application. There is an additional fee for the examination. The fee for the examination is listed on the application form and should be included in the check with the application fee.

ITEM 8. Amend subrule 200.24(4) as follows:

200.24(4) The physical therapist must provide patient evaluation and participate in treatment based upon the health care admission or residency status of the patient being treated. The minimal frequency shall be:

Patient's Health Care Residency or Admission Status	Frequency of Physical Therapist Treatment (Whichever Comes First)
Hospital, acute care	Every 4th visit or 2nd calendar day
Hospital, non-CARF	Every 4th visit or 2nd calendar day
Hospital, CARF accredited beds	Every 5th visit or 5th calendar day
Skilled nursing	Every 5th visit or 5th calendar day
Home health	Every 5th visit or 10th calendar day
Nursing facility	Every 10th visit or 10th calendar day
Iowa educational agency	Every 5th visit or 30th calendar day
Other facility/ admissions status	Every 5th visit or 10th calendar day

ITEM 9. Amend subrule 200.24(5) as follows:

200.24(5) A physical therapist may be responsible for supervising not more than two physical therapist assistants who are providing physical therapy per calendar day. This includes physical therapist assistants being supervised by telecommunicative supervision. However, a physical therapist assistant may be supervised by any number of physical therapists. The physical therapist is responsible for maintaining timely records which indicate the names of the physical therapist assistants for whom the physical therapist has supervisory responsibility. The physical therapist shall ensure that a physical therapist assistant under the physical therapist's supervision has a current license to practice physical therapy and that an applicant under the physical therapist's supervision has a current application on file.

ITEM 10. Amend subrule 201.3(1) as follows:

201.3(1) The applicant for licensure as an occupational therapist shall have completed the requirements for a baccalaureate or master's degree in occupational therapy in an occupational therapy program accredited by the American Medical Association in collaboration with Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association. The applicant shall also have successfully completed a minimum of six months' supervised field work experience.

ITEM 11. Amend rule 645--201.11(147) by adopting a new subrule as follows:

201.11(4) If licensed in another state, the applicant shall provide an official statement from the state licensing board of each state in which the applicant has been licensed regarding the status of the applicant's license, including issue date, expiration date, and information regarding any pending or prior disciplinary action.

ITEM 12. Amend rule 645--201.13(272C) by adopting a new subrule as follows:

201.13(10) The occupational therapist shall ensure that the occupational therapy assistant or limited permit holder under the occupational therapist's supervision has a current license or limited permit to practice occupational therapy and that an applicant under the occupational therapist's supervision has a current application on file.

ITEM 13. Amend rule 645--202.8(147) by adopting a new subrule as follows:

202.8(3) Provide the board with an official statement from each state board of examiners regarding the status of the applicant's license, including issue date, expiration date and information regarding any pending or prior investigations or disciplinary action. The applicant shall request such statements from all states in which the applicant is currently or formerly licensed.

ITEM 14. Amend rule 645--202.9(147) by adopting a new subrule as follows:

202.9(3) Provide the board with an official statement from each state board of examiners regarding the status of the applicant's license, including issue date, expiration date and information regarding any pending or prior investigations or disciplinary action. The applicant shall request such statements from all states in which the applicant is currently or formerly licensed.

ITEM 15. Amend subrule 202.10(1) as follows:

202.10(1) The application fee for a license to practice as a physical therapist assistant issued upon the basis of examination or endorsement is $90 in check or money order made payable to the Board of Physical and Occupational Therapy Examiners. The examination fee is an additional $185 made payable by cashier's check to the Professional Examination Service (PES) and submitted to the Board of Physical and Occupational Therapy Examiners with application. There is an additional fee for the examination. The fee for the examination is listed on the application form and should be included in the check with the application fee.

ARC 8979A

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 307.10 and 307.12, the Department of Transportation hereby gives Notice of Intended Action to adopt Chapter 524, "For-Hire Intrastate Motor Carrier Authority," and to rescind Chapter 523, "Truck Operators and Contract Carriers," Chapter 525, "Motor Carriers and Charter Carriers," and Chapter 528, "Liquid Transport Carriers," Iowa Administrative Code.

1997 Iowa Acts, chapter 104, repealed Iowa Code chapters 325 (Certificated Carriers), 327 (Truck Operators) and 327A (Liquid Transport Carriers) and replaced them with a new Iowa Code chapter 325A (Motor Carrier Authority). 761--Chapter 524 implements the changes as authorized by Iowa Code chapter 325A and establishes the process for registering intrastate for-hire authority.

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

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

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

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

4. Be addressed to the Department of Transportation, Director's Staff Division, 800 Lincoln Way, Ames, Iowa 50010; fax (515)239-1639; Internet E-mail address: rules@iadot.e-mail.com.

5. Be received by the Director's Staff Division no later than June 8, 1999.

A meeting to hear requested oral presentations is scheduled for Thursday, June 10, 1999, at 10 a.m. in the conference room of the Motor Vehicle Division, which is located on the upper level of Park Fair Mall, 100 Euclid Avenue, Des Moines.

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

These rules are intended to implement Iowa Code chapter 325A.

Proposed rule-making actions:

ITEM 1. Rescind and reserve 761--Chapter 523, "Truck Operators and Contract Carriers."

ITEM 2. Adopt the following new chapter:

761--524.1(325A) Purpose and applicability.

524.1(1) This chapter establishes requirements concerning for-hire intrastate motor carriers.

524.1(2) This chapter applies to motor carriers of household goods, liquid commodities, all other property, and passengers.

761--524.2(325A) General information.

524.2(1) Information and location. Applications, forms and information on motor carrier permits and motor carrier certificates are available by mail from the Office of Motor Carrier Services, Department of Transportation, P.O. Box 10382, Des Moines, Iowa 50306-0382; in person at its location in Park Fair Mall, 100 Euclid Avenue, Des Moines, Iowa; by telephone at (515)237-3224; or by fax at (515) 237-3354.

524.2(2) Waiver of rules. The director of the motor vehicle division may waive provisions of this chapter after determining that special or emergency circumstances exist or that the waiver is in the best interest of the public.

a. "Special or emergency circumstances" means one or more of the following:

(1) Circumstances where the movement is necessary to cooperate with cities, counties, other state agencies or other states in response to a national or other disaster.

(2) Circumstances where the movement is necessary to cooperate with national defense officials.

(3) Circumstances where the movement is necessary to cooperate with public or private utilities in order to maintain their public services.

(4) Circumstances where the movement is essential to ensure safety and protection of any person or property due to events such as, but not limited to, pollution of natural resources, a potential fire or an explosion.

(5) Circumstances where weather or transportation problems create an undue hardship for citizens of the state of Iowa.

(6) Circumstances where movement involvesemergency-type vehicles.

(7) Uncommon and extraordinary circumstances where the movement is essential to the existence of an Iowa business and the move may be accomplished without causing undue hazards to the safety of the traveling public or undue damage to private or public property.

b. A request for a waiver must be submitted in writing to the Director of the Motor Vehicle Division, Department of Transportation, P.O. Box 9204, Des Moines, Iowa 50306- 9204.

c. The request should include the following information where applicable and known to the requester:

(1) The name, address and motor carrier permit or certificate number.

(2) The specific rule from which a waiver is requested.

(3) The specific waiver requested.

(4) The reasons for the request.

(5) The relevant facts supporting the request.

d. The request shall be acknowledged immediately and shall be responded to in writing within 60 days of receipt.

e. The decision on the waiver is the final decision of the department.

524.2(3) Complaints. Complaints against motor carriers pertaining to the provisions of this chapter shall be submitted in writing to the office of motor carrier services.

761--524.3(325A) Applications and supporting documents.

524.3(1) Application. An application for a motor carrier permit or motor carrier certificate shall be made to the office of motor carrier services on a form prescribed for that purpose and furnished upon request.

524.3(2) Application fee. An application for a motor carrier permit or motor carrier certificate shall be accompanied by the statutory application fee. This fee shall be paid by cash, check or money order made payable to the Iowa Department of Transportation.

524.3(3) Supporting documents. An application for a motor carrier permit or motor carrier certificate must be accompanied by the following:

a. Proof of insurance.

b. Safety self-certification. (See rule 524.9(325A).)

c. Form MCS 150, if the motor carrier does not have a U.S. DOT number.

d. Financial statement, only for motor carriers of liquid commodities (nondairy) and regular-route passengers. (See rule 524.10(325A).)

e. Tariff, only for motor carriers of household goods.

761--524.4(325A) Issuance of credentials. When all requirements are met, the department shall issue the motor carrier permit or certificate. The motor carrier shall make a copy of the permit or certificate and carry it in each motor vehicle at all times. The permit or certificate shall be available for display to any peace officer upon request.

761--524.5(325A) Duplicate motor carrier permit or motor carrier certificate. Written requests for a duplicate motor carrier permit or motor carrier certificate shall be sent to the office of motor carrier services. Requests shall include the carrier name or U.S. DOT number. Any motor carrier in good standing shall be issued a duplicate document upon payment of the required fee.

761--524.6(325A) Amendment to a motor carrier permit or certificate.

524.6(1) Update to a motor carrier permit. To change the commodities being transported under a permit, an updated application must be submitted to the office of motor carrier services. The updated application shall include the permit number and the required fee for a duplicate permit. Transporting of commodities not listed on the permit shall not commence until a new permit or temporary permit has been issued and is carried in the vehicle.

524.6(2) Change of name or address for a motor carrier permit or certificate. Notification of a name or address change shall be sent to the office of motor carrier services within 30 days after the change. Notification shall include the permit or certificate number, old name or address, new name or address, and the required fee.

761--524.7(325A) Insurance--suspension.

524.7(1) Insurance. Each motor carrier shall at all times maintain on file with the department the effective certificate(s) of insurance or a surety bond on a form prescribed by the department.

a. The insurance or the surety bond shall be written for a period of one year or more.

b. The department shall be given written notice 30 days prior to the cancellation of the insurance or the surety bond.

524.7(2) Self-insurance. In lieu of maintaining the above insurance, intrastate carriers that also operate interstate and have been approved by a federal agency to self-insure may apply to the department to self-insure by submitting a written request to the office of motor carrier services. The written request shall include a copy of the federal agency's approval. The department shall allow self-insurance as long as a federal agency has approved the carrier to self-insure and the motor carrier provides the department with copies of any information required by that federal agency. The department must be notified immediately by the motor carrier if there is any change in the status of the self-insurance for interstate operation.

524.7(3) Suspension for no insurance. If a motor carrier fails to maintain the required insurance on file with the department, the department shall suspend the motor carrier's permit or certificate in accordance with Iowa Code chapter 325A and rule 524.17(325A). The suspension shall remain in effect until the requirements are met and a reinstatement fee is paid. A motor carrier shall not continue operation without proper insurance.

761--524.8(325A) Self-insurance for motor carriers of passengers.

524.8(1) Applications for self-insurance. A motor carrier of passengers with more than 25 motor vehicles may request self-insurance by submitting a written request to the office of motor carrier services. The written request shall include a copy of the most recent audited financial statement and a vehicle list.

524.8(2) Review by the department. The department may request additional information. The department shall deny the request to self-insure or suspend existing approval if the motor carrier fails to meet the self-insurance standard. Approval of self-insurance is continuous. However, the motor carrier shall annually file audited financial statements with the office of motor carrier services within 60 days after the end of the motor carrier's fiscal year.

524.8(3) Cancellation of self-insurance approval. The department may cancel approval of self-insurance on reasonable grounds. Reasonable grounds include, but are not limited to, the following: failure to pay a final judgment within 30 days or failure to file an annual, audited financial statement. The department shall give five days' notice to the motor carrier prior to any hearing to cancel approval of self-insurance.

761--524.9(325A) Safety self-certification. All motor carriers shall follow the safety regulations as stated in 761--Chapter 520 concerning operation, maintenance and inspection of vehicles used in the business. Motor carriers shall submit on a form prescribed by the department a self-certification stating knowledge, understanding and willingness to follow these safety regulations.

761--524.10(325A) Financial statement. An application by a motor carrier of liquid commodities (nondairy) orregular-route passengers must include a statement signed by an authorized agent of a lending institution or a certified public accountant attesting to the financial capability of that carrier. At a minimum, the certification shall be based on meeting the following ratios:

Current Ratio: Minimum of 1.2:1

Current Assets

Current Liabilities = _______________________

Projected Operating Ratio: Maximum of 95

1. New Operation

(Use 5-Year Projection) Operating Expenses x 100 = __

2. Existing Operation Operating Revenue

(Use 1-Year Projection)

Working Capital Ratio: Minimum 12 days Capital

Current Assets less Current Liabilities

Average Daily Operating Expenses = _____________

761--524.11(325A) Safety education seminar.

524.11(1) Requirement. Motor carriers of liquid commodities (nondairy) and passengers shall attend an approved safety education seminar within six months of issuance of the permit or certificate except as provided in subrule 524.11(4). This includes transfers of motor carrier certificates. The individuals in attendance shall be the persons responsible for the safety records and driver training. Failure to attend an approved safety education seminar within the time provided shall result in suspension of the motor carrier permit or certificate.

524.11(2) Availability. The department shall provide an approved safety education seminar periodically. Information on the seminar schedule shall be available from the Office of Motor Vehicle Enforcement, 100 Euclid Avenue, Des Moines, Iowa 50306-0473; telephone (800)925-6469.

524.11(3) Third-party safety education seminar approval. The office of motor vehicle enforcement shall approve the course curriculum before approving individuals outside the department to conduct safety education seminars. The course curriculum shall be submitted for approval to the office of motor vehicle enforcement. At a minimum, the safety course curriculum shall include the following information:

a. Commercial driver's license regulations.

b. A general overview of the U.S. DOT's motor carrier safety regulations and hazardous materials regulations which are adopted annually by the department.

c. Iowa Code sections 321.449 and 321.450 and all associated administrative rules.

d. Iowa Code section 321.463 and all associated administrative rules.

e. Out-of-service criteria.

f. A general overview of the U.S. DOT's Emergency Response Guide Book.

524.11(4) Exemption. Passenger carriers with vehicles not meeting the definition of a commercial vehicle as defined in Iowa Code section 321.1 are exempt from attending the safety education seminar and paying the seminar fee. A motor carrier certificate issued for such a carrier contains the statement: "limited to noncommercial vehicles only." If a motor carrier wishes to start operating vehicles that meet the definition of a commercial motor vehicle, the motor carrier must update its authority with the office of motor carrier services. A motor carrier must pay the seminar fee and attend the seminar within six months of updating the certificate. A new motor carrier certificate removing the limitation would then be issued.

761--524.12(325A) Marking of motor vehicles. "Motor vehicle" is defined in Iowa Code chapter 325A. Before placing any motor vehicle in service, the motor vehicle shall be clearly marked with letters and figures large enough to be easily read at a distance of 50 feet and in a color in contrast to the background. These markings shall be painted on each side of the motor vehicle or may consist of a removable device that meets identification and legibility requirements and is securely placed on each side of the motor vehicle.

524.12(1) Motor carriers operating intrastate only shall display:

a. Name of motor carrier under whose authority the motor vehicle is being operated.

b. City and state where the motor carrier maintains its principal place of business or in which the commercial motor vehicle is customarily based.

c. U.S. DOT number followed by the letters "IA".

524.12(2) Motor carriers operating both interstate and intrastate shall display:

a. Name of motor carrier under whose authority the motor vehicle is being operated.

b. City and state where the motor carrier maintains its principal place of business or in which the commercial motor vehicle is customarily based. EXCEPTION: City and state is not needed if the federal motor carrier number is displayed.

c. U.S. DOT number or federal motor carrier number.

761--524.13(325A) Bills of lading or freight receipts.

524.13(1) Requirements. Every motor carrier operating under a motor carrier permit, except for those motor carriers transporting unprocessed agricultural and horticultural products and livestock, shall issue a bill of lading or receipt in triplicate on the date freight is received for shipment. The bill of lading or receipt shall show the following:

a. Name of motor carrier.

b. Date and place received.

c. Name of consignor.

d. Name of consignee.

e. Destination.

f. Description of shipment.

g. Signature of motor carrier or agent issuing the bill of lading or receipt.

h. Freight described in apparent good order unless an exception is noted.

524.13(2) Retention. There shall be one copy of the bill of lading or receipt for the consignor, one for the consignee and one to be kept by the motor carrier. The motor carrier's copy shall be carried with the cargo and shall show the total of all charges made for the movement of freight. The motor carrier shall keep the bill of lading or receipt for a period of not less than one year. At any reasonable time, the bill of lading or receipt is subject to inspection by the department's representatives.

761--524.14(325A) Lease of a vehicle.

524.14(1) Lease defined. "Lease," for the purpose of these rules, means a written document providing for the exclusive possession, control and responsibility over the operation of a vehicle by the lessee for a specific period of time as if the lessee were the owner. A copy of the lease must be carried in the leased vehicle at all times. No motor carrier may have more than one lease covering a specific vehicle in effect at a given time.

524.14(2) Lease of a vehicle to a shipper or a receiver. No motor carrier shall lease a vehicle with or without a driver to a shipper or a receiver.

524.14(3) Marking of a motor vehicle. Each lessee shall properly identify each motor vehicle during the period of the lease as specified in rule 524.12(325A).

524.14(4) Lease requirements. Any lease of a vehicle by any motor carrier except under the following conditions is prohibited:

a. Every lease must be in writing and signed by the parties or their regular employees or agents duly authorized to act for them.

b. Every lease shall specify the time that the lease begins and the time or circumstances on which it ends.

761--524.15(325A) Tariffs.

524.15(1) Requirements. All motor carriers of household goods shall maintain on file with the office of motor carrier services a tariff stating the rates and charges that apply for the services performed under the permit.

524.15(2) Printing. All tariffs and amendments or supplements must be in book, pamphlet or loose-leaf form. They must be plainly printed or reproduced. No alteration in writing or erasure shall be made in any tariff or supplement.

524.15(3) Filing date. All changes to tariffs and supplements must be filed with the office of motor carrier services at least seven days prior to the effective date. Tariffs, supplements or adoption notices issued in connection with applications for motor carriers of household goods may become effective on the date the permits are issued.

524.15(4) Copy to department. To file a tariff with the office of motor carrier services, motor carriers of household goods or their agents shall submit a transmittal letter listing all the enclosed tariffs and include one copy of each tariff, supplement or revised page.

524.15(5) Title page. The title page of every tariff and supplement shall include the following:

a. Each tariff shall be numbered in the upper right-hand corner, beginning with number 1. The number shall be shown as follows: Ia. DOT No. ....

When a tariff is issued canceling a tariff previously filed, the Ia. DOT number that has been canceled must be shown in the right-hand corner under the Ia. DOT number of the new tariff.

b. Supplements or changes to a tariff shall be numbered beginning with number 1, and this information shall be shown in the upper right-hand corner along with the number of any previous supplements canceled or changed by the supplement.

c. The name of each motor carrier of household goods must be the same as it appears on the permit. If the motor carrier of household goods is not a corporation and uses a trade name, the name of the individual or partners must precede the trade name.

d. Each tariff shall include a brief description of the territory or points from which and to which the tariff applies.

e. Each tariff shall contain the issue and effective dates.

f. Each tariff shall include the name, title and street address of the motor carrier of household goods or the agent by whom the tariff is issued.

524.15(6) Contents of tariff. Each tariff shall include the following:

a. A table of contents that is arranged alphabetically.

b. A complete index of all commodities including the page number. However, no index or table of contents is needed in tariffs of less than five pages or if the rates are alphabetically arranged by commodities.

c. An explanation of all abbreviations, symbols and reference marks used.

d. All rates in the tariff explicitly stated in cents or in dollars and cents per one hundred pounds, per mile, per hour, per ton or two thousand pounds, per truck load (of stated amount) or other definable measure. Where rates are stated in amounts per package or bundle, definite specifications of the packages or bundles must be shown and ambiguous terms, rates, descriptions or plans for determining charges shall not be accepted.

524.15(7) Duplication of rates. Motor carriers of household goods or their agents shall not publish duplicate or conflicting rates.

524.15(8) Tariff changes. All rates and charges which have been filed with the office of motor carrier services must be allowed to become effective and remain in effect for a period of at least seven days before being changed, canceled or withdrawn. All tariffs, supplements and revised pages shall indicate changes from the preceding issue by use of the following symbols:

(R) to denote reductions

(A) to denote increases

(C) to denote changes, the result of which is neither an increase nor a reduction.

The proper symbol must be shown directly in connection with each change.

524.15(9) Posting regulations. Each motor carrier of household goods must post and file at its principal place of business all of its tariffs and supplements. All tariffs must be kept available for public inspection.

524.15(10) Application for special permission. Motor carriers of household goods and agents when making application for permission to establish rates, charges, or rules of the tariff on less than the statutory seven days' notice shall use the form prescribed by the office of motor carrier services.

524.15(11) Powers of attorney and participation notices.

a. Whenever a motor carrier of household goods desires to give authority to an agent or to another motor carrier of household goods to issue and file tariffs and supplements in its stead, a power of attorney in the form prescribed by the department must be used.

b. The original power of attorney shall be filed with the office of motor carrier services and a copy sent to the agent or motor carrier of household goods on whose behalf the document was issued.

c. Whenever a motor carrier of household goods desires to cancel the authority granted an agent or another motor carrier of household goods by power of attorney, this may be done by a letter addressed to the department revoking the authority on 60 days' notice. For good cause, the department may authorize less than 60 days' notice. Copies of the notice must also be mailed to all interested parties by the motor carrier.

524.15(12) Nonconforming tariffs. The office of motor carrier services shall review tariffs that do not conform with subrules 524.15(1) to 524.15(11) to determine if they contain the necessary information and if they are acceptable. Tariffs that are unacceptable shall be returned with an explanation.

761--524.16(325A) Transfer of motor carrier regular-route passenger certificate or motor carrier permit for household goods. A motor carrier regular-route passenger certificate or motor carrier permit for household goods shall not be sold, transferred, leased, or assigned until the transaction is approved by the department. Motor carrier permits for other property and all liquid commodities are not transferable. Motor carrier certificates for charter operations are not transferable.

524.16(1) Transfer application. An application to transfer a motor carrier regular-route passenger certificate or motor carrier permit for household goods shall be submitted to the office of motor carrier services. The transfer application shall be signed and sworn to by the affected parties.

a. The transfer application shall contain the following:

(1) The name and address of the holder of the certificate or permit, the certificate or permit number and the authority granted.

(2) The name and address of the person proposing to take over or lease the certificate or permit.

(3) A statement as to whether the motor carrier proposes to purchase, transfer, lease, or assign the certificate or permit.

b. The transferee shall submit an application for a motor carrier permit or motor carrier certificate in compliance with rule 524.3(325A).

c. The transferee shall attend an approved safety education seminar in compliance with rule 524.11(325A).

d. The office of motor carrier services shall issue a new certificate or permit upon completion of the transfer and application process.

524.16(2) Reserved.

761--524.17(325A) Suspension, revocation or reinstatement. The department may suspend or revoke a motor carrier permit or certificate for a violation of Iowa Code chapter 325A or this chapter. The suspension or revocation shall continue until the motor carrier is no longer in violation and the reinstatement fee is paid. A new permit or certificate shall be issued upon reinstatement. A hearing may be requested for reasons other than violation of insurance requirements. The motor carrier may request a hearing by submitting a written request to the director of the office of motor carrier services within 20 days after the suspension or revocation notice is served. The request shall include the motor carrier's name, permit or certificate number, complete address and telephone number.

These rules are intended to implement Iowa Code chapter 325A.

ITEM 3. Rescind and reserve 761--Chapter 525, "Motor Carriers and Charter Carriers."

ITEM 4. Rescind and reserve 761--Chapter 528, "Liquid Transport Carriers."

ARC 8980A

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 307.10 and 307.12, the Department of Transportation hereby gives Notice of Intended Action to rescind Chapter 529, "Interstate Commerce Commission Authority of Motor Carriers," and adopt Chapter 529, "For-Hire Interstate Motor Carrier Authority," Iowa Administrative Code.

The Interstate Commerce Commission was eliminated in 1996 and the responsibility for regulating interstate for-hire authority was transferred to the Federal Highway Administration. The proposed rules reflect the change in the regulatory agency. The Department of Transportation is also adopting the sections of the Code of Federal Regulations, Parts 365-379, to establish the process to register and enforce interstate for-hire authority. Waiver provisions are added so the Department of Transportation may waive interstate authority requirements in special or emergency situations.

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

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

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

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

4. Be addressed to the Department of Transportation, Director's Staff Division, 800 Lincoln Way, Ames, Iowa 50010; fax (515)239-1639; Internet E-mail address: rules@iadot.e-mail.com.

5. Be received by the Director's Staff Division no later than June 8, 1999.

A meeting to hear requested oral presentations is scheduled for Thursday, June 10, 1999, at 1 p.m. in the conference room of the Motor Vehicle Division, which is located on the upper level of Park Fair Mall, 100 Euclid Avenue, Des Moines.

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

These rules are intended to implement Iowa Code chapter 327B.

Proposed rule-making action:

Rescind 761--Chapter 529, "Interstate Commerce Commission Authority of Motor Carriers," and adopt new 761-- Chapter 529 as follows:

761--529.1(327B) Motor carrier regulations. The Iowa department of transportation adopts the Code of Federal Regulations, 49 CFR Parts 365-379, dated October 1, 1998, for regulating interstate for-hire carriers.

Copies of this publication are available from the state law library.

761--529.2(327B) Registering interstate authority in Iowa. Registration for interstate exempt and nonexempt authority shall be submitted to the Office of Motor Carrier Services, Department of Transportation, Park Fair Mall, 100 Euclid Avenue, P.O. Box 10382, Des Moines, Iowa 50306- 10382.

761--529.3(327B) Waiver of rules. The director of the motor vehicle division may waive provisions of this chapter after determining that special or emergency circumstances exist or the waiver is in the best interest of the public for interstate travel through Iowa.

529.3(1) "Special or emergency circumstances" means one or more of the following:

a. Circumstances where the movement is necessary to cooperate with cities, counties, other state agencies or other states in response to a national or other disaster.

b. Circumstances where the movement is necessary to cooperate with national defense officials.

c. Circumstances where the movement is necessary to cooperate with public or private utilities in order to maintain their public services.

d. Circumstances where the movement is essential to ensure safety and protection of any person or property due to events such as, but not limited to, pollution of natural resources, a potential fire or explosion.

e. Circumstances where weather or transportation problems create an undue hardship for citizens of the state of Iowa.

f. Circumstances where movement involvesemergency-type vehicles.

g. Uncommon and extraordinary circumstances where the movement is essential to the existence of an Iowa business and the move may be accomplished without causing undue hazard to the safety of the traveling public or undue damage to private or public property.

529.3(2) A request for a waiver must be submitted in writing to the Director of the Motor Vehicle Division, Department of Transportation, P.O. Box 9204, Des Moines, Iowa 50306-9204.

529.3(3) The request should include the following information where applicable and known to the requester:

a. The name, address and motor carrier permit or certificate number.

b. The specific waiver requested.

c. The reasons for the request.

d. The relevant facts supporting the request.

529.3(4) The request shall be acknowledged immediately and shall be responded to in writing within 60 days of receipt.

529.3(5) The decision on the waiver is the final decision of the department.

These rules are intended to implement Iowa Code chapter 327B.

ARC 9027A

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 Iowa Code sections 17A.4, 476.1, 476.2, 478.20, 479.17, and 479A.10 (1999) the Utilities Board (Board) gives notice that on April 30, 1999, the Board issued an order in Docket No. RMU-99-4, In re: Electric and Pipeline Procedures, "Order Commencing Rule Making," to consider the adoption of amendments to 199 IAC 2.4(17A,474), 7.1(1), 10.2(1), 10.12(1), 10.17(479), 11.2(3)"d," 11.2(8), 13.2(1)"g," 19.2(5)"g," 19.5(2), 20.5(2)"b," 25.2(1), 25.2(2), and 25.2(5)"a"(1999).

The purpose of the rule making is to update the list of forms available for Iowa Code chapters 478 and 479 proceedings, update technical standards, and modify filing requirements for electric and pipeline proceedings. In addition, the Board proposes to amend subrule 25.2(1) regarding the National Electric Safety Code, Part 4. Part 4 consists of practical work rules for employees. The enforcement of workplace safety standards is a function of the Occupational Health and Safety Administration and not the Board.

The Board is also proposing to add new paragraph "f" to subrule 25.2(2) in response to recent waiver requests concerning the locking of gates when utility personnel are working inside a substation. The Board, in granting the waiver requests, agreed with the utilities that a locked substation gate could impede access to injured employees in an emergency. New paragraph "f" will allow a substation entrance gate to be unlocked while authorized personnel are inside. However, if the gate is unlocked, the utility will be required to fully close the entrance gate and latch or fasten it if there is a gate-latching mechanism to safeguard against unauthorized entry.

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 June 8, 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 July 7, 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 chapters 476, 478, 479, and 479A.

The following amendments are proposed.

ITEM 1. Rescind rule 199--2.4(17A,474) and adopt the following new rule in lieu thereof:

199--2.4(17A,474) Forms. The following forms for proceedings under Iowa Code chapters 478, 479, and 479B are available upon request:

1. Petition for Electric Line Franchise.

2. Petition for Amendment of Electric Line Franchise.

3. Petition for Extension of Electric Franchise.

4. Exhibit C, Overhead Transmission Line: Typical Engineering Specifications.

5. Exhibit C-UG, Engineering Specifications for Underground Transmission Line.

6. Petition for Permit to Construct, Operate, and Maintain a Pipeline.

7. Petition for Renewal of Permit to Construct, Operate, and Maintain a Pipeline.

8. Exhibit C, Specifications for Pipeline.

9. Petition for Permit for Hazardous Liquid Pipeline.

ITEM 2. Amend subrule 7.1(1) as follows:

7.1(1) Procedure governed. These rules are promulgated under Iowa Code chapter 476 as guides for practice and procedure thereunder before the Iowa utilities board (hereinafter referred to as "board") unless otherwise ordered by the board in any proceeding, and subject to such special rules, or amendments thereto which may hereafter be adopted.

No rule of the board shall in any way relieve a utility from any of its duties under the law of this state.

Except for rules 7.8(476) and 7.9(476), none None of the procedures provided for herein shall apply to electric transmission line hearings under chapter 478 or to pipeline and underground gas storage hearings under chapter 479 or 479B.

The purpose of these rules is to facilitate the transaction of business before the board and to promote the just resolution of controversies. Consistent with this purpose, the application of any of these rules, unless otherwise provided by law, may be waived by the board to prevent undue hardship to a party to this proceeding.

ITEM 3. Amend subrule 10.2(1), paragraph "g," as follows.

g. Exhibit "G." If informational meetings were required, an affidavit that such meetings were held in each county affected by the proposed project and the time and place of each meeting. Copies of the mailed notice letter and the published notice(s) of the informational meeting shall be attached to the affidavit.

ITEM 4. Amend subrule 10.12(1), paragraphs "a" through "d," as follows:

a. 49 CFR Part 191, "Transportation of Natural and Other Gas By Pipeline; Annual Reports, Incident Reports, and Safety-Related Condition Reports," as amended through April 1, 1997 April 30, 1999.

b. 49 CFR Part 192, "Transportation of Natural and Other Gas By Pipeline; Minimum Federal Safety Standards," as amended through April 1, 1997 April 30, 1999.

c. 49 CFR Part 195, "Transportation of Hazardous Liquids By Pipeline," as amended through April 1, 1997 April 30, 1999.

d. 49 CFR Part 199, "Drug Testing," as amended through April 1, 1997 April 30, 1999.

ITEM 5. Amend rule 199--10.17(479) as follows:

199--10.17(479) Accidents and incidents. Any pipeline incident or accident which is reportable to the U.S. Department of Transportation under 49 CFR Part 191 or Part 195 as amended through September 1, 1994 April 30, 1999, shall also be reported to the board, except that the minimum economic threshold of damage required for reporting to the board is $15,000. Duplicate copies of any written accident reports and safety-related condition reports submitted to the U.S. Department of Transportation shall be provided to the board.

ITEM 6. Amend subrule 11.2(3), paragraph "d," as follows:

d. The corporate limits of cities. The name and corporate limits of cities, and the name and boundaries of any public lands or parks.

ITEM 7. Amend subrule 11.2(8) as follows:

11.2(8) Exhibit G. The affidavit required by Iowa Code section 478.3 on the holding of an informational meeting. Copies of the mailed notice letter and the published notice(s) of the informational meeting shall be attached to the affidavit. This exhibit is required only if an informational meeting was conducted.

ITEM 8. Amend subrule 13.2(1), paragraph "g," as follows:

g. Exhibit "G." If informational meetings were required, an affidavit that such meetings were held in each county affected by the proposed project and the time and place of each meeting. Copies of the mailed notice letter and the published notice(s) of the informational meeting shall be attached to the affidavit.

ITEM 9. Amend subrule 19.2(5), paragraph "g," as follows:

g. Reports to federal agencies. Copies of reports submitted pursuant to 49 CFR Part 191 as amended through April 1, 1997 April 30, 1999, "Transportation of Natural and Other Gas By Pipeline: Annual Reports, Incident Reports, and Safety-Related Condition Reports," shall be filed with the board. Utilities operating in states besides Iowa shall provide to the board data for Iowa only.

ITEM 10. Amend subrule 19.5(2) as follows:

19.5(2) Standards incorporated by reference.

a. The design, construction, operation, and maintenance of gas systems and liquefied natural gas facilities shall be in accordance with the following standards where applicable:

(1) 49 CFR Part 191, "Transportation of Natural and Other Gas By Pipeline; Annual Reports, Incident Reports, and Safety-Related Condition Reports," as amended through April 1, 1997 April 30, 1999.

(2) 49 CFR Part 192, "Transportation of Natural and Other Gas By Pipeline; Minimum Federal Safety Standards," as amended through April 1, 1997 April 30, 1999.

(3) 49 CFR Part 193, "Liquefied Natural Gas Facilities: Federal Safety Standards," as amended through April 1, 1997 April 30,1999.

(4) 49 CFR Part 199, "Drug Testing," as amended through April 1, 1997 April 30, 1999.

(5) ASME B31.8 - 1995, "Gas Transmission and Distribution Piping Systems."

(6) ANSI/NFPA No. 59 - 1995 1998, "Standard for the Storage and Handling of Liquefied Petroleum Gases at Utility Gas Plants."

b. The following publications are adopted as standards of accepted good practice for gas utilities:

(1) ANSI Z223.1/NFPA 54 - 1996, "National Fuel Gas Code."

(2) ANSI A225/NFPA 501A - 1992 1997, "Fire Safety Criteria for Manufactured Home Installations, Sites, and Communities."

ITEM 11. Amend subrule 20.5(2), paragraph "b," as follows:

b. National Electrical Code, ANSI/NFPA 70- 1996 1999.

ITEM 12. Amend subrule 25.2(1) as follows:

25.2(1) National Electrical Safety Code. The American National Standards Institute (ANSI) C2-1997 "National Electrical Safety Code" (NESC) as ultimately conformed to the ANSI-approved draft by correction of publishing errors through issuance of printed corrections is adopted as part of the Iowa electrical safety code, except Part 4, "Rules for Operation of Electric Supply and Communications Lines and Equipment," which is not adopted by the board.

ITEM 13. Amend subrule 25.2(2) by adopting new paragraph "f."

f. There is added to the first paragraph of Rule 110.A.1, after the sentence stating, "Entrances not under observation of an authorized attendant shall be kept locked," the following sentence:

Entrances may be unlocked while authorized personnel are inside. However, if unlocked, the entrance gate must be fully closed, and must also be latched or fastened if there is a gate-latching mechanism.

ITEM 14. Amend subrule 25.2(5), paragraph "a," as follows:

a. The "National Electrical Code," ANSI/NFPA 70- 1996 1999, is adopted as a standard of accepted good practice for customer owned electrical facilities beyond the utility point of delivery.

ARC 8981A

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 17A.4, 476.1, and 476.2, the Utilities Board (Board) gives notice that on April 23, 1999, the Board issued an order in Docket No. RMU-99-2, In re: Uniform Rules On Agency Procedure, "Order Commencing Rule Making," to receive public comment on the adoption of proposed new uniform rules relating to declaratory orders.

These rules are the result of an inquiry initiated by the Board on February 4, 1999, through which the Board invited public comment on the possible adoption of new uniform rules for declaratory orders, rule making, and contested cases. Notice of the Board's inquiry was published in the Iowa Administrative Bulletin on February 24, 1999. Comments were received from Alliant Energy, the Consumer Division of the Department of Justice, the Iowa Association of Electric Cooperatives, and MidAmerican Energy Company. In general, the comments supported the Board's tentative proposal to adopt the uniform rules on declaratory orders (with only minor changes) and to modify the Board's existing rules regarding rule making and contested cases without adopting the uniform rules. Accordingly, the Board is initiating this proceeding to consider adoption of the uniform rules regarding declaratory orders. Amendments to the Board's rule making procedures and contested case procedures will be proposed in separate dockets in the future.

The proposed rules implement 1998 Iowa Acts, chapter 1202, relating to revisions to the Iowa Administrative Procedures Act, Iowa Code chapter 17A, amended in 1998, effective July 1, 1999. The Board's existing rules for declaratory rulings are rescinded and new uniform rules on agency procedure relating to declaratory orders are adopted with a few modifications specific to the Board, such as designating the number of copies required to be filed, identifying the official to be contacted with any inquiries, and establishing time requirements where the statute and the amended uniform rules leave them to agency discretion.

Any interested person may file a written statement of position on the identified issues no later than June 8, 1999, by filing an original and ten copies in a form substantially complying with subrule 2.2(2). All written statements should be directed to the Executive Secretary, Iowa Utilities Board, 350 Maple Street, Des Moines, Iowa 50319-0069.

A public hearing to receive comments on the proposed rules will be held at 10 a.m. on June 23, 1999, in the Board's hearing room at the address listed above.

These rules are intended to implement Iowa Code section 17A.9 as amended by 1998 Iowa Acts, chapter 1202, and section 476.1.

The following rules are proposed.

Rescind 199--Chapter 4 and adopt the following new chapter:

199--4.1(17A) Petition for declaratory order. Any person may file a petition with the Iowa utilities board for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the utilities board, at 350 Maple Street, Des Moines, Iowa 50319-0069. A petition is deemed filed when it is received by that office. The utilities board shall provide the petitioner with a file-stamped copy of the petition if the petitioner provides the agency with an extra copy for this purpose. The petition must be typewritten or legibly handwritten in ink and must substantially conform to the following form:

STATE OF IOWA BEFORE THE IOWA STATE UTILITIES BOARD
IN RE: THE PETITION OF (insert petitioner's name) FOR A DECLARATORY ORDER ON (insert rule number, statute, etc., for which interpretation is sought).	}	DOCKET NO.___ (completed by board) PETITION FOR DECLARATORY ORDER

COMES NOW (insert name of petitioner) and requests a declaratory order on (state rule number, statute, order, decision, or other written statement of law or policy of which an interpretation is sought), and in support petitioner states:

(The petition shall then set forth in separately numbered statements:)

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

2. A citation to and the relevant language of the specific statutes, rules, policies, decisions, or orders, the applicability of which has been 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 petition for a meeting as provided for by rule 4.4(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.

WHEREFORE, (insert petitioner's name) prays that the board issue a declaratory order on (insert proposed subject of the requested order).

Respectfully submitted,

________________________

(Signature of petitioner or representative)

(Typed or printed name of signer)

(Address and telephone number)

199--4.2(17A) Notice of petition. Within five days after receipt of a petition for a declaratory order, the utilities board shall give notice to all persons not served by the petitioner pursuant to rule 4.6(17A) to whom notice is required by any provision of law. The utilities board may also give notice to any other persons.

199--4.3(17A) Intervention.

4.3(1) Persons who qualify under any applicable provision of law as an intervenor and who file a petition for intervention within 14 days of the filing of a petition for declaratory order shall be allowed to intervene in a proceeding for a declaratory order.

4.3(2) Any person who filed 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 utilities board.

4.3(3) A petition for intervention shall be filed at 350 Maple Street, Des Moines, Iowa 50319-0069. Such a petition shall be deemed filed when it is received by that office. The utilities board 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:

STATE OF IOWA BEFORE THE IOWA STATE UTILITIES BOARD
IN RE: THE PETITION OF (insert petitioner's name) FOR A DECLARATORY ORDER ON (insert rule number, statute, etc., for which interpretation is sought).	}	DOCKET NO.___ (insert docket number) PETITION FOR INTERVENTION

COMES NOW (insert name of petitioner) and requests intervention in this matter and in support petitioner states:

(The petition shall then set forth in separately numbered statements:)

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 another 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 other persons, or a description of any class of persons, known by the intervenor to be affected by, or interested in, the questions presented in the petition.

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 concerning the petition should be directed.

WHEREFORE, (insert intervenor's name) prays that the board grant it intervention and issue a declaratory order on (insert proposed subject of the requested order).

Respectfully submitted,

________________________

(Signature of intervenor or representative)

(Typed or printed name of signer)

(Address and telephone number)

199--4.4(17A) Briefs. The petitioner or any intervenor may file a brief in support of the position urged. The utilities board may request a brief from the petitioner, any intervenor, or any other person concerning the questions raised.

199--4.5(17A) Inquiries. Inquiries concerning the status of a declaratory order proceeding may be made to the Executive Secretary, Iowa Utilities Board, 350 Maple Street, Des Moines, Iowa 50319-0069.

199--4.6(17A) Service and filing of petitions and other papers.

4.6(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.

4.6(2) Filing--when required. All petitions for declaratory orders, petitions for intervention, briefs, or other papers filed in a proceeding for a declaratory order shall be filed with the Executive Secretary, 350 Maple Street, Des Moines, Iowa 50319-0069. All petitions, briefs, or other papers that are required to be served upon a party shall be filed simultaneously with the utilities board.

4.6(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 199--subrule 7.6(1).

199--4.7(17A) Agency consideration. Upon request by petitioner, the utilities board must schedule a brief and informal meeting between the original petitioner, all intervenors, and the utilities board, a member of the utilities board, or a member of the staff of the utilities board to discuss the questions raised. The utilities board may solicit comments from any person on the questions raised. Also, comments on the questions raised may be submitted to the utilities board by any person.

199--4.8(17A) Action on petition.

4.8(1) Within the time allowed by 1998 Iowa Acts, chapter 1202, section 13(5), after receipt of a petition for a declaratory order, the utilities board or designee shall take action on the petition as required by 1998 Iowa Acts, chapter 1202, section 13(5).

4.8(2) The date of issuance of an order or of a refusal to issue an order is the date of mailing or date of delivery if service is by other means, unless another date is specified in the order.

199--4.9(17A) Refusal to issue order.

4.9(1) The utilities board 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 of the questions raised for the following reasons:

1. The question 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 utilities board to issue an order.

3. The utilities board 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 agency 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 agency decision already made.

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 the petitioner.

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

4.9(2) A refusal to issue a declaratory order must indicate the specific grounds for the refusal and constitutes final agency action on the petition.

4.9(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.

199--4.10(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 the 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 conclusions.

A declaratory order is effective on the date of issuance.

199--4.11(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.

199--4.12(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 utilities board, 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 utilities board. The issuance of a declaratory order constitutes final agency action on the petition.

These rules are intended to implement 1998 Iowa Acts, chapter 1202, section 13, and Iowa Code section 476.1.

ARC 9005A

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 84A.1B(9) and 96.11, the Department of Workforce Development hereby gives Notice of Intended Action to amend Chapter 6, "Regional Advisory Boards," Iowa Administrative Code.

On April 21, 1999, the Workforce Development Board approved amendments to Chapter 6 to incorporate changes in membership, nomination and appointment processes, and duties of regional advisory boards required by the federal Workforce Investment Act of 1998 and to allow board members to receive reimbursement of travel expenses.

Public comments concerning the proposed amendments will be accepted until 4:30 p.m. on June 8, 1999. Interested persons may submit written or oral comments by contacting Margaret Wilcox, Office for Workforce Development Policy, Workforce Development Department, 150 Des Moines Street, Des Moines, Iowa 50309; telephone (515)281-9019.

A public hearing to receive comments about the amendments will be held at 10 a.m. on June 8, 1999, at 150 Des Moines Street, Des Moines, Iowa, in Room 134. Individuals interested in providing comments at the hearing should contact Margaret Wilcox at (515)281-9019 by 4 p.m. on June 7, 1999, to be placed on the hearing agenda.

These amendments are intended to implement Iowa Code section 84A.4 and the federal Workforce Investment Act of 1998 (P.L.105-220).

The following amendments are proposed.

ITEM 1. Amend 877--Chapter 6, parenthetical implementation, by deleting "(84A)" and inserting "(84A, PL105-220)".

ITEM 2. Adopt the following new rule:

877--6.1(84A,PL105-220) Definitions.

"Board" means a regional advisory board in a workforce development region.

"Chief elected official" means the consortium of local units of government within a workforce development region.

"Department" means the department of workforce development.

"Local elected officials" means a group comprised of a supervisor appointed from each of the region's counties' boards of supervisors and the mayor or a city council member of each of the region's cities with a population of more than 50,000.

"One-stop operator" means the entity or consortium of entities selected by the local elected officials and regional advisory board to coordinate workforce development service providers within a region.

"Regional workforce investment board" means the regional advisory board within a workforce development region.

ITEM 3. Renumber existing rules 877--6.1(84A) and 6.2(84A) as 877--6.2(84A) and 6.3(84A), respectively, and amend renumbered subrule 6.3(3) as follows:

6.3(3) Nonvoting members. The board may appoint ex officio, nonvoting members. The board must solicit periodic, regular and meaningful input from disabled persons, older workers, regional or local economic development groups, and the region's one-stop operator. It is recommended that the board appoint the following four ex officio members to meet this requirement. If ex officio members are not appointed, the board must describe an alternate process to gain input from these groups in their local annual plan for workforce investment act services.

a. A disabled person nominated by an organization that represents or serves disabled persons.

b. An older worker nominated by a senior community service employment program service provider.

c. An individual nominated by a regional or local economic development organization.

d. An individual nominated by the regional one-stop partners.

ITEM 4. Adopt new subrule 6.3(4) as follows:

6.3(4) In workforce development region 8, which consists of the counties of Audubon, Carroll, Crawford, Greene,Guthrie, and Sac, a regional workforce investment board will be selected by the local elected officials, using the nomination processes described in subrules 6.3(3) and 6.4(1) to 6.4(4). Fourteen members of the regional workforce investment board will constitute the regional advisory board. These members shall be selected using the process described in subrule 6.4(5) and rule 6.5(84A,PL105-220). The majority of the regional workforce investment board members shall represent business, and the chairperson shall represent the business sector.

ITEM 5. Adopt the following new rules:

877--6.4(84A,PL105-220) Nomination process for voting members. The following procedures shall be used in soliciting nominations for voting members that represent business, labor and education.

6.4(1) All nominations for members which represent business shall be made by local or regional business organizations or trade associations. Business representatives should be owners of businesses, chief executive or operating officers of business and other business executives or employers with optimum policy-making or hiring authority and represent businesses with employment opportunities that reflect the employment opportunities of the region.

6.4(2) All nominations for members which represent labor shall be made by appropriate local federations of labor, union councils, or state federations of labor.

6.4(3) All nominations for members which represent education shall be made by local or regional education agencies, institutions and organizations.

6.4(4) All nominations from business, labor and education shall be made in writing with the signed approval of the required nominating organization.

6.4(5) The overall membership of the board shall be balanced by gender and political affiliation consistent with Iowa Code sections 69.16 and 69.16A. To the extent possible the members should represent all counties within a region served by the board.

6.4(6) Existing and future regional advisory board members that represent business, labor or education do not have to be renominated as outlined in this subrule unless required to do so by the local elected officials of a region.

6.4(7) Nominations are valid for an unlimited time period unless the local elected officials of a region set a specific time limit.

877--6.5(84A,PL105-220) Appointment process.

6.5(1) In making appointments to the boards, the chief local elected official shall submit a list of nominees for a board vacancy to the department within 45 days of the vacancy. Chief elected officials shall submit two nominees for each vacancy for the governor to review.

6.5(2) The governor shall review the list, add or delete nominees from the list and return the revised list to the chief local elected official within 45 days of receipt of the list by the department.

6.5(3) The local elected officials will review the revised list and make the final selection of a person to fill a vacancy from the revised list. If the revised list of candidates is not acceptable to the local elected officials, the chief elected official may submit new candidates to the governor for consideration and repeat the process specified in subrules 6.5(1) and 6.5(2) until a candidate is appointed.

6.5(4) The chief elected official will send an appointment letter to the person selected to fill the vacancy on behalf of the local elected officials and the governor within 15 days of receipt of the revised list and send a copy of the letter to the department.

6.5(5) If the local elected officials fail to submit nominations for a vacancy within the 45-day time period or fail to reach agreement locally on appointments to the board, the governor may appoint a person to fill the vacancy.

ITEM 6. Renumber existing rules 877--6.3(84A) and 6.4(84A) as 877--6.6(84A) and 6.7(84A), respectively, and amend renumbered subrule 6.7(1) as follows:

6.7(1) Conduct an annual a needs assessment to identify the workforce development needs of the region.

ITEM 7. Adopt new subrules 6.7(6) and 6.7(7) as follows:

6.7(6) Fulfill the responsibilities of a local workforce investment board as required by the Workforce Investment Act of 1998, subsequent amendments and all related regulations.

6.7(7) Enter into an agreement with the region's local elected officials to delineate their respective duties related to administration of the Workforce Investment Act of 1998.

ITEM 8. Adopt the following new rules:

877--6.8(84A,PL105-220) Board certification. Each board will be certified by the governor every two years based upon:

1. The extent to which the board's composition complies with rule 6.3(84A,PL105-220), and

2. The extent to which the board has ensured the workforce development activities carried out in a region have enabled the region to meet local performance measures.

The first certification shall be conducted by the governor by July 1, 2000.

877--6.9(84A,PL105-220) Board decertification. The governor may decertify a board for:

1. Failure to achieve certification as outlined in rule 6.8(84A,PL105-220); or

2. Fraud or abuse; or

3. If the region fails to meet performance measures for two consecutive program years.

If the governor decertifies a board for any of the above reasons, the governor may require a new board be appointed and certified through a reorganization plan developed by the governor in conjunction with the chief elected official of the region.

877--6.10(84A,PL105-220) Member travel expenses. Board members may be reimbursed for actual and necessary travel expenses for board meetings and other authorized board travel. Expenses will be reimbursed according to guidelines issued by the department of revenue and finance.

ITEM 9. Renumber existing rule 877--6.5(84A) as 877--6.11(84A).

ITEM 10. Amend 877--Chapter 6, implementation sentence at the end thereof, as follows:

These rules are intended to implement Iowa Code section 84A.4 and the federal Workforce Investment Act of 1998 (P.L.105-220).

ARC 9028A

Pursuant to Iowa Code sections 17A.3 and 474.5, the Utilities Board (Board) gives notice that on April 30, 1999, the Board issued an order in Docket No. RMU-99-5, In re: Utilities Board Organization and Operation, "Order Adopting and Filing Rules on an Emergency Basis," to adopt amendments to 199 IAC 1.4, 1.5, and 1.8.

The Board's current rules do not accurately reflect the organization and operation of the Utilities Division. The amendments set forth the present structure, duties, and internal procedures of the Utilities Division. In addition, the amendments set forth the actual number of copies required for filings made with the Board.

The Board makes a finding under Iowa Code section 17A.4(2) that notice and public participation are unnecessary because the amendments simply reflect the Utilities Division's current organization and operation.

The Board also finds, pursuant to Iowa Code section 17A.5(2)"b"(2), that the normal effective date of the amendment should be waived and this amendment should be made effective upon filing, as it confers a benefit to the public by providing information on the working procedures of the Utilities Division.

These amendments will become effective immediately upon filing with the Administrative Rules Coordinator on April 30, 1999.

These amendments are intended to implement Iowa Code sections 474.1 and 474.10.

The following amendments are adopted.

ITEM 1. Amend rule 199--1.4(17A,474) as follows:

199--1.4(17A,474) Duties of the board. The utilities board regulates electric, gas, telephone, telegraph, and water utilities; and pipelines and underground gas storage. The board regulates the rates and services of public utilities pursuant to Iowa Code chapter 476; certification of electric power generators pursuant to chapter 476A; construction and safety of electric transmission lines pursuant to chapter 478; and pipeline safety the construction and operation of pipelines and underground gas or hazardous liquid storage pursuant to chapters 479, and 479A and 479B.

ITEM 2. Rescind rule 199--1.5(17A,474) and adopt the following new rule in lieu thereof:

199--1.5(17A,474) Organization. The utilities division consists of the three-member board, the office of the executive secretary, which heads the technical and administrative staff, and the office of general counsel.

1.5(1) The board. The three-member board is the policy-making body for the utilities division. The chairperson serves as the administrator of the utilities division. As administrator, the chairperson is responsible for all administrative functions and decisions.

1.5(2) General counsel. The duties of the general counsel are prescribed by Iowa Code section 474.10. The general counsel acts as attorney for and legal advisor of the board and its staff and represents the board in all actions instituted in a state or federal court challenging the validity of any rule, regulation or order of the board.

1.5(3) The office of the executive secretary. The executive secretary is appointed by the board and is its chief operating officer and responsible for all technical staff. The executive secretary is also the custodian of the board seal and all board records. The executive secretary, deputy executive secretary, or secretary's designee is responsible for attesting to the signatures of the board members and placing the seal on original board orders. The executive secretary, deputy executive secretary, or the secretary's designee is responsible for certifying official copies of board documents. The executive secretary shall also be responsible for establishing procedures for the examination of board records by the general public pursuant to the provisions of Iowa Code section 22.11 and for providing for the enforcement of those procedures.

a. The deputy executive secretary assists the executive secretary in carrying out responsibilities and is responsible for preparing the agency budget and managing the records center, technical library, and receptionist area.

b. The customer service section serves as the agency's information contact and provides customer assistance and education for both the staff and the public. The section assists customers and competitors in resolving disputes with service providers. The section monitors customer service policies and practices, provides information to the public, and advises the board on customer service quality and issues of public concern.

c. The energy section is responsible for providing the board with recommendations for appropriate actions on energy matters. The section monitors activities of gas, electric, and water service providers. It also provides analysis and recommendations on tariff filings, rate proceedings, annual fuel purchase reviews, service territory disputes, and restructuring issues. The section advises the board on issues before the Federal Energy Regulatory Commission (FERC) and U.S. Department of Energy (DOE).

d. The information technology section is responsible for the development of electronic support and technology training for the division. This includes the development of a management information system and other database applications for the division. It also maintains the board's local area network system and provides all computer and technical support services and systems for the processing of information and records, including website development and maintenance, and monitoring incoming electronic messages and requests for information.

e. The policy development section provides professional and technical support to the industry sections and the board in the areas of policy development and research. In cases before the board, the section is responsible for the review and analysis of cost of capital, cost of service, and rate design. The section is responsible for performing analysis of competitive and restructuring issues, utility management performance, least cost alternatives, energy efficiency activities, and other public policy matters.

f. The safety and engineering section is responsible for the regulation of gas and electric providers and pipeline and electric transmission and distribution companies as it relates to safety, construction, and operation and maintenance of facilities. The section reviews and processes all petitions for electric transmission line franchises under Iowa Code chapter 478 and for pipeline permits under Iowa Code chapters 479 and 479B. It also acts as an agent for the federal Department of Transportation in pipeline safety matters.

g. The telecommunications section is responsible for providing the board with recommendations for appropriate actions on telecommunications matters. The section monitors activities of telecommunications service providers. It also provides analysis and recommendations of telecommunications providers' filings, rate proceedings, and advises the board on ratemaking and restructuring issues. The section advises the board on issues before the Federal Communications Commission (FCC).

ITEM 3. Amend subrule 1.8(1) as follows:

1.8(1) Communications. All communications to the board shall be addressed to the Executive Secretary, Iowa Utilities Board, 350 Maple Street, Des Moines, Iowa 50319-0069, unless otherwise specifically directed. Pleadings and other papers required to be filed with the board shall be filed in the office of the executive secretary of the board within the time limit, if any, for such filing. Unless otherwise specifically provided, all communications and documents are officially filed upon receipt at the office of the board.

ITEM 4. Amend subrule 1.8(4), paragraph "c," reletter paragraph "d" as "e" and adopt a new paragraph "d" as follows:

c. Parties entitled to service. All parties in any proceeding, including the general counsel and the consumer advocate, shall be served with all notices, motions, or pleadings filed or issued in the proceeding. Consumer advocate shall be served three copies, either by separate mailing addressed to the Office of Consumer Advocate, 310 Maple Street, Des Moines, Iowa 50319-0069, or by separate envelope delivered to the office of the consumer advocate.

d. Number of copies. An original and ten copies are required for most filings made with the board. There are some exceptions, which are listed below. The board may request additional copies.

A = Annual Report (rate regulated 2 copies, non-rate regulated 1 copy)

C = Complaints (original)

CCF= Customer Contribution Fund (original + 1 copy)

E = Electric Franchise or Certificate (original + 3 copies)

EAC = Energy Adjustment Clause (original + 3 copies)

GCU = Generating Certificate Utility (original + 20 copies)

H = Accident (original + 1 copy)

P = Pipeline Permit (original + 2 copies)

PGA = Purchased Gas Adjustment (original + 3 copies)

R = Reports-Outages (original + 1 copy)

RFU = Refund Filing Utility (original + 3 copies)

RN = Rate Notification (original + 2 copies)

TF = Tariff Filing (original + 3 copies)

e d. Upon attorneys. When a party has appeared by attorney, service upon the attorney shall be deemed proper service upon the party.

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/19/99.

ARC 9019A

Pursuant to the authority of Iowa Code section 542C.3, the Accountancy Examining Board hereby amends Chapter 1, "Definitions," and Chapter 2, "Organization and Administration," rescinds Chapter 12, "Procedure for Enforcement," Iowa Administrative Code, and adopts a new chapter with the same title.

Chapter 12 is rescinded and replaced by a new chapter which implements changes to the Uniform Rules on Agency Procedure required by the Iowa Administrative Procedure Act as a result of 1998 Iowa Acts, chapter 1202; and the amendments to Chapters 1 and 2 include changes required by 1998 Iowa Acts, chapter 1202, as well.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8788A. There are no changes from the Notice of Intended Action.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapters 272C and 542C.

These amendments will become effective June 23, 1999.

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, 2, 12] is being omitted. These amendments are identical to those published under Notice as ARC 8788A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9041A

Pursuant to the authority of Iowa Code sections 17A.3 and 175.6, the Agricultural Development Authority (the "Authority") hereby amends Chapter 1, "General"; rescinds Chapter 7, "Appeals," and adopts a new Chapter 7, "Contested Cases"; and adopts Chapter 9, "Declaratory Orders," and Chapter 10, "Agency Procedure for Rule Making," Iowa Administrative Code.

These amendments update the Authority's address and implement 1998 Iowa Acts, chapter 1202, relating to revisions to the Iowa Administrative Procedure Act. These amendments reflect the change in the Authority's address and rescind the Authority's existing rules on agency rule making, declaratory rulings, and the handling of appeals. These amendments adopt by reference the uniform rules regarding declaratory orders, agency procedure for rule making, and contested cases drafted by the Attorney General's office with a few modifications specific to the Authority.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8818A. A public hearing was held on April 28, 1999, at 9:30 a.m. at the Authority, 505 Fifth Avenue, Suite 327, Des Moines, Iowa. No public comments were received on these amendments. The adopted amendments are identical to those published under Notice of Intended Action.

These amendments were adopted by the Board of the Authority on April 28, 1999.

These amendments will become effective June 23, 1999.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapter 175.

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 [1.4 to 1.9, Chs 7, 9, 10] is being omitted. These amendments are identical to those published under Notice as ARC 8818A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9040A

Pursuant to the authority of Iowa Code sections 17A.3 and 159.5, the Department of Agriculture and Land Stewardship rescinds Chapter 2, "Contested Case Practice and Procedure," and adopts a new Chapter 2, "Contested Case Proceedings and Practice"; rescinds Chapter 4, "Declaratory Rulings," and adopts a new Chapter 4, "Declaratory Orders"; and rescinds Chapter 5, "Agency Procedure for Rule Making," and adopts a new chapter with the same title, in the Iowa Administrative Code.

These amendments implement 1998 Iowa Acts, chapter 1202, relating to revisions to the Iowa Administrative Procedure Act. The amendments rescind the existing chapters on agency rule making, declaratory rules, and the handling of contested cases. The amendments adopt by reference the uniform rules drafted by the Attorney General's office with a few modifications specific to the Department.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8819A. No comments were received concerning the proposed amendments. These amendments are identical to those published under Notice of Intended Action.

These amendments will become effective on July 1, 1999.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapter 159.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Chs 2, 4, 5] is being omitted. These rules are

identical to those published under Notice as ARC 8819A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 8988A

Pursuant to the authority of Iowa Code section 123.21, the Alcoholic Beverages Division hereby rescinds Chapter 2, "Rule Making," and adopts a new Chapter 2, "Agency Procedure for Rule Making"; rescinds Chapter 3, "Declaratory Rulings," and adopts a new Chapter 3, "Declaratory Orders"; amends Chapter 5, "License and Permit Division"; rescinds Chapter 9, "Procurement--Leasing of State Liquor Stores"; rescinds Chapter 10, "Complaint Procedure," and adopts a new Chapter 10, "Contested Cases"; amends Chapter 12, "Forms"; and rescinds Chapter 13, "Operation of State Liquor Stores," Iowa Administrative Code.

Chapters 2, 3, and 10 are rescinded and new Chapters 2, 3, and 10 adopted which implement changes to the Uniform Rules on Agency Procedure required by the Iowa Administrative Procedure Act to comply with 1998 Iowa Acts, chapter 1202.

Chapter 5 is amended by rescinding rules 5.10(123) to 5.19(123). Combination licenses and permits were administratively created to streamline work flow when wine sales were privatized in 1986. With the implementation of a new software program in 1998, all combination licenses and permits were converted to those created by statute.

Chapters 9 and 13 are rescinded and reserved. The chapters are no longer pertinent due to the privatization of state liquor stores.

Subrule 12.1(2) is amended and subrules 12.2(1) to 12.2(6) are rescinded. Subrules 12.2(1) through 12.2(6) are no longer applicable due to the enactment of 1998 Iowa Acts, chapter 1202.

The Alcoholic Beverages Commission approved these amendments for adoption by the administrator on April 16, 1999. The administrator adopted the amendments on April 28, 1999.

Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 8844A on March 24, 1999. Comments on the proposed amendments were due on April 13, 1999. No verbal or written comments were received.

These amendments are identical to those published under Notice of Intended Action.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapter 123.

These amendments will become effective on June 23, 1999.

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 2, 3, 5, 9, 10, 12, 13] is being

omitted. These amendments are identical to those published under Notice as ARC 8844A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9034A

Pursuant to the authority of Iowa Code section 24.30, the State Appeal Board hereby amends Chapter 2, "General Provisions," and Chapter 5, "Budget Appeals," and adopts a new Chapter 7, "Agency Procedure for Rule Making," Iowa Administrative Code.

The amendments bring the Board's rules on administrative rule making and declaratory orders into conformance with 1998 Iowa Acts, chapter 1202, which amended the Iowa Administrative Procedure Act.

The Board's amendments to its rules are based on the amendments to the Uniform Rules on Agency Procedure drafted by a task force from the Attorney General's Office and published in the first volume of the Iowa Administrative Code and the Iowa Administrative Bulletin on February 24, 1999.

The adopted amendments are identical to those published under Notice of Intended Action in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8822A. No comments were received on the amendments.

These amendments will become effective July 1, 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.

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 2, 5, 7] is being omitted. These amendments are identical to those published under Notice as ARC 8822A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9013A

Pursuant to the authority of Iowa Code sections 17A.3 and 524.213, the Banking Division of the Commerce Department hereby rescinds Chapter 5, "Petitions for Rule Making," and adopts a new Chapter 5 with the same title; rescinds Chapter 6, "Declaratory Rulings," and adopts a new Chapter 6, "Declaratory Orders," and adopts Chapter 11, "Contested Cases," Iowa Administrative Code.

Chapters 5 and 6 are rescinded and replaced by new chapters which 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. Chapter 11 also implements the requirements established by 1998 Iowa Acts, chapter 1202.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8817A. A public hearing was held on April 13, 1999, at 1:30 p.m. in the Banking Division Conference Room at 200 East Grand Avenue, Suite 300, Des Moines, Iowa. No written or verbal comments were received.

These amendments are identical to those published under Notice of Intended Action.

These amendments will become effective June 23, 1999.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapter 524.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Chs 5, 6, 11] is being omitted. These rules are identical to those published under Notice as ARC 8817A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9035A

Pursuant to the authority of Iowa Code section 384.15(1), the City Finance Committee hereby rescinds Chapter 6, "Declaratory Rulings," and adopts a new Chapter 6, "Declaratory Orders," and amends Chapter 7, "Agency Procedure for Rule Making," Iowa Administrative Code.

The amendments bring the Committee's rules on administrative rule making and declaratory orders into conformance with 1998 Iowa Acts, chapter 1202, which amended the Iowa Administrative Procedure Act.

The Committee's amendments to its rules are based on the amendments to the Uniform Rules on Agency Procedure drafted by a task force from the Attorney General's Office and published in the first volume of the Iowa Administrative Code and the Iowa Administrative Bulletin on February 24, 1999.

The adopted amendments are identical to those published under Notice of Intended Action in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8824A. No comments were received on the amendments.

These amendments will become effective July 1, 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.

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 6, 7] is being omitted. These

amendments are identical to those published under Notice as ARC 8824A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 8982A

Pursuant to the authority of Iowa Code section 216.5(10), the Civil Rights Commission proposes to amend Chapter 1, "Rules of Practice," and Chapter 4, "Contested Cases," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8808A. A public hearing was held on April 13, 1999. No one attended, no comments were received and no changes were made.

These amendments are intended to update the manner in which rule making, declaratory orders, and contested cases are handled. The amendments for rule making and declaratory orders adopt the language of the uniform rules with the addition of a petition form for rule making and an appeal of a declaratory order to the Commission that does not appear in the uniform rules. The rules for contested cases were adopted from a combination of the uniform rules, Iowa Rules of Civil Procedure, and analysis of the Commission's current rules for contested cases.

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

These amendments were approved during the April 23, 1999, meeting of the Civil Rights Commissioners.

These amendments will become effective June 23, 1999.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [1.2, 1.4, 4.1 to 4.33] is being omitted. These rules are identical to those published under Notice as ARC 8808A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9015A

Pursuant to the authority of Iowa Code sections 17A.3 and 216A.92B, the Division of Community Action Agencies, Department of Human Rights, hereby adopts Chapter 3, "Petitions for Rule Making," Chapter 4, "Agency Procedure for Rule Making," Chapter 6, "Declaratory Orders," and Chapter 7, "Contested Cases," Iowa Administrative Code.

Chapters 3, 4, 6 and 7 govern petitions for rule making, agency procedure for rule making, declaratory orders, and contested cases in compliance with 1998 Iowa Acts, chapter 1202, which becomes effective July 1, 1999.

Notice of Intended Action was published in the March 24, 1999, Iowa Administrative Bulletin as ARC 8795A. No public comment was received on these rules. The adopted rules are identical to those published under Notice.

These rules will become effective June 23, 1999.

These rules are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code section 216A.54.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Chs 3, 4, 6, 7] is being omitted. These rules are identical to those published under Notice as ARC 8795A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9036A

Pursuant to the authority of Iowa Code section 333A.4(6), the County Finance Committee hereby rescinds Chapter 7, "Declaratory Rulings," and adopts a new Chapter 7, "Declaratory Orders," and amends Chapter 8, "Agency Procedure for Rule Making," Iowa Administrative Code.

The amendments bring the Committee's rules on administrative rule making and declaratory orders into conformance with 1998 Iowa Acts, chapter 1202, which amended the Iowa Administrative Procedure Act.

The Committee's amendments to its rules are based on the amendments to the Uniform Rules on Agency Procedure drafted by a task force from the Attorney General's Office and published in the first volume of the Iowa Administrative Code and the Iowa Administrative Bulletin on February 24, 1999.

The adopted amendments are identical to those published under Notice of Intended Action in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8823A. No comments were received on the amendments.

These amendments will become effective July 1, 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.

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 7, 8] is being omitted. These

amendments are identical to those published under Notice as ARC 8823A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9039A

Pursuant to the authority of Iowa Code sections 17A.3(1)"b," 533.1 and 533.54, the Superintendent of Credit Unions hereby amends Chapter 4, "Procedure for Adoption of Rules," and adopts Chapter 20, "Petitions for Rule Making," Chapter 21, "Declaratory Orders," and Chapter 22, "Contested Cases," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8858A.

A public hearing was held on April 13, 1999, and no public comment was received on these rules. These rules are identical to those published under Notice of Intended Action.

The Credit Union Review Board adopted these rules at a special Review Board meeting held April 28, 1999.

These rules revise the Division's procedures for rule making, petitions for rule making and declaratory orders and add a chapter on contested cases in compliance with 1998 Iowa Acts, chapter 1202, which becomes effective July 1, 1999.

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

These amendments will become effective June 23, 1999.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [rescind 4.2, 4.3; adopt Chs 20, 21, 22] is being omitted. These rules are identical to those published under Notice as ARC 8858A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 8989A

Pursuant to the authority of Iowa Code sections 17A.3 and 216A.133, the Criminal and Juvenile Justice Planning Division hereby adopts Chapter 6, "Declaratory Orders," Chapter 7, "Petitions for Rule Making," and Chapter 8, "Agency Procedure for Rule Making," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8802A. No public comment was received. These rules are identical to the rules published under Notice of Intended Action.

The adoption of Chapters 6, 7, and 8 provides the Criminal and Juvenile Justice Planning Division with rules governing procedures for declaratory orders, petitions for rule making, and procedures for rule making.

These rules were adopted by the Division on April 28, 1999.

These rules shall become effective June 23, 1999.

These rules are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code section 216A.133.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Chs 6, 7, 8] is being omitted. These rules are identical to those published under Notice as ARC 8802A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 8987A

Pursuant to the authority of Iowa Code section 303.1A(1), the Department of Cultural Affairs hereby amends Chapter 1, "Organization and Operation," and adopts Chapter 3, "Declaratory Orders," and Chapter 4, "Department Procedure for Rule Making," Iowa Administrative Code.

The amendments to Chapter 1 update information regarding Department divisions, addresses, and telephone numbers.

The adoption of Chapters 3 and 4 will bring the Department into concurrence with the revisions to the Iowa Administrative Procedure Act as amended 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 adopted chapters are based on the draft amendments with some changes specific to the Department.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8839A. The adopted amendments are identical to those published under Notice of Intended Action. A public hearing on these amendments was held on April 13, 1999, at which time no oral or written comments were received on these amendments. The Department adopted these amendments on April 28, 1999.

These amendments will become effective on June 23, 1999.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code sections 303.1(3)"a" to "d," and 303.1A(1).

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] is being omitted. These amendments are identical to those published under Notice as ARC 8839A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 8999A

Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners hereby amends Chapter 7, "Rules," and adopts a new Chapter 9, "Declaratory Orders," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8829A. The Board of Dental Examiners adopted these amendments on April 28, 1999.

These amendments implement 1998 Iowa Acts, chapter 1202 [House File 667], which amends the Iowa Administrative Procedure Act.

These amendments are identical to those published under Notice of Intended Action.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202 [House File 667].

These amendments will become effective June 23, 1999.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [7.3, Ch 9] is being omitted. These rules are identical to those published under Notice as ARC 8829A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 8997A

Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners hereby adopts an amendment to Chapter 25, "Continuing Education," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8827A. The Board of Dental Examiners adopted this amendment on April 28, 1999.

Chapter 25 is being amended to clarify that dental hygien-ists can complete a class in cardiopulmonary resuscitation by an organization that requires recertification on a less frequent basis than annual.

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

This amendment is intended to implement Iowa Code section 147.10.

This amendment will become effective June 23, 1999.

The following amendment is adopted.

Amend subrule 25.2(10) as follows:

25.2(10) A licensed dental hygienist shall furnish evidence of a valid annual certification for cardiopulmonary resuscitation which shall be credited toward the dental hygienist's continuing education requirement for renewal of a license. Such evidence shall be filed at the time of renewal of the license. Credit hours awarded shall not exceed six continuing education credit hours per biennium. Valid annual certification means certification by an organization on an annual basis or, if that certifying organization requires certification on a less frequent basis, evidence that the hygienist has been properly certified for each year covered by the license renewal period.

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/19/99.

ARC 8998A

Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners hereby adopts amendments to Chapter 31, "Complaints," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8828A. The Board of Dental Examiners adopted these amendments on April 28, 1999.

These amendments implement 1998 Iowa Acts, chapter 1202, which amends the Iowa Administrative Procedure Act and relates to contested case proceedings and matters currently under investigation.

Changes from Notice of Intended Action are as follows:

Paragraph 31.5(3)"g" was rewritten to clarify that a return of service shall be attached to a subpoena.

The waiver provisions of 650--31.6(153) were previously too broad in scope. The current revision narrows the scope of the waiver to specified issues.

These amendments will become effective on June 23, 1999.

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

The following amendments are adopted.

ITEM 1. Amend 650--Chapter 31, title, as follows:

ITEM 2. Adopt new rules 650--31.5(153) and 650-- 31.6(153), renumber existing rules 650--31.5(153) to 650--31.13(272C) as 650--31.7(153) to 650-- 31.15(272C) and amend the implementation clause at the end of the chapter as follows:

650--31.5(153) Issuance of investigatory subpoenas.

31.5(1) The executive director or designee may, upon the written request of a board investigator or on the director's own initiative, subpoena books, papers, records, and other real evidence which is necessary for the board to decide whether to institute a contested case proceeding. In the case of a subpoena for mental health records, each of the following conditions shall be satisfied prior to the issuance of the subpoena:

a. The nature of the complaint reasonably justifies the issuance of a subpoena;

b. Adequate safeguards have been established to prevent unauthorized disclosure;

c. An express statutory mandate, articulated public policy, or other recognizable public interest favors access; and

d. An attempt was made to notify the patient and to secure an authorization from the patient for release of the rec-ords at issue.

31.5(2) A written request for a subpoena or the director's written memorandum in support of the issuance of a subpoena shall contain the following:

a. The name and address of the person to whom the subpoena will be directed;

b. A specific description of the books, papers, records or other real evidence requested;

c. An explanation of why the documents sought to be subpoenaed are necessary for the board to determine whether it should institute a contested case proceeding; and

d. In the case of a subpoena request for mental healthrecords, confirmation that the conditions described in 31.5(1) have been satisfied.

31.5(3) Each subpoena shall contain:

a. The name and address of the person to whom the subpoena is directed;

b. A description of the books, papers, records or other real evidence requested;

c. The date, time and location for production or inspection and copying;

d. The time within which a motion to quash or modify the subpoena must be filed;

e. The signature, address and telephone number of the executive director or designee;

f. The date of issuance; and

g. A return of service attached to the subpoena.

31.5(4) Any person who is aggrieved or adversely affected by compliance with the subpoena must, within 14 days after service of the subpoena, or before the time specified for compliance if such time is less than 14 days, file with the board a motion to quash or modify the subpoena. The motion shall describe the legal reasons why the subpoena should be quashed or modified, and may be accompanied by legal briefs or factual affidavits.

31.5(5) Upon receipt of a timely motion to quash or modify a subpoena, the board may request an administrative law judge to hold a hearing and issue a decision, or the board may conduct a hearing and issue a decision. Oral argument may be scheduled at the discretion of the board or the administrative law judge. The administrative law judge or the board may quash or modify the subpoena, deny the motion, or issue an appropriate protective order.

31.5(6) A person aggrieved by a ruling of an administrative law judge who desires to challenge that ruling must appeal the ruling to the board by serving on the executive director, either in person or by certified mail, a notice of appeal within ten days after service of the decision of the administrative law judge.

31.5(7) If the person contesting the subpoena is not the person under investigation, the board's decision is final for purposes of judicial review. If the person contesting the subpoena is the person under investigation, the board's decision is not final for purposes of judicial review until either the person is notified the investigation has been concluded with no formal action, or there is a final decision in the contested case.

650--31.6(153) Board appearances. The board may request a licensee to appear before the board to discuss a pending investigation. By electing to participate in the board appearance, the licensee waives any objection to a board member's both participating in the appearance and later participating as a decision maker in a contested case proceeding on the grounds of a personal investigation, and a combination of investigative and adjudicative functions. If the executive director participates in the appearance, the licensee further waives any objection to having the executive director assist the board in the contested case proceeding.

These rules are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code sections 153.33, 272C.3, and 272C.4.

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/19/99.

ARC 8995A

Pursuant to the authority of Iowa Code section 147.76, the Board of Dental Examiners hereby rescinds Chapter 51, "Procedural Rules," and adopts a new Chapter 51, "Contested Cases," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8826A. The Board of Dental Examiners adopted these amendments on April 28, 1999.

This new chapter implements 1998 Iowa Acts, chapter 1202 [House File 667], which amends the Iowa Administrative Procedure Act. The new rules relate to contested case proceedings and matters currently under investigation.

Changes from Notice of Intended Action are as follows:

Subrule 51.9(6) has not been adopted; it was unnecessary language.

In 51.12(2)"c," the second sentence was not adopted.

In subrule 51.17(1), the second paragraph was not adopted; the language was unnecessary and duplicative.

A new subrule 51.20(2) has been adopted as follows: "Hearings by the dental hygiene committee. In the event the licensee who is the subject of the contested case is a dental hygienist, the hearing shall be held before the dental hygiene committee, which shall constitute a panel of the board. The dental hygiene committee may in its discretion recommend to the board that the hearing be held instead before a panel of the board or the full board." Subrules 51.20(2) to 51.20(12) have been renumbered as 51.20(3) to 51.20(13).

Subrule 51.23(6) has been rewritten as follows: "The executive director 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 under rule 51.10(17A)."

The rule number and catchwords for rule 650-- 51.26(153) have been rewritten as follows: "650-- 51.26(17A) Proposed and final decisions."

Subrule 51.26(2) has been rewritten as follows: "When a panel of three specialists presides over the hearing, the panel shall issue a proposed decision which shall include proposed findings of fact but shall not include conclusions of law. A proposed decision of a hearing panel of specialists, together with a transcript of the proceedings and the exhibits presented, shall be reviewed by the board within 30 days of the date the proposed decision was issued. The parties shall have the opportunity to submit briefs and argument to the board. The decision of the board is a final decision."

Subrule 51.26(3) has been rewritten as follows: "When a panel of three board members or the dental hygiene committee presides over the hearing, the panel shall issue a proposed decision which shall include proposed findings of fact, conclusions of law, and order. A proposed decision, together with a transcript of the proceedings and the exhibits presented, shall be reviewed by the board within 30 days of the date the proposed decision was issued. A proposed decision of a board hearing panel becomes a final decision without further proceedings unless appealed in accordance with the following provisions.

a. The board may review a proposed decision on its own motion by serving a notice of appeal on the parties within 30 days after issuance of the proposed decision.

b. A proposed decision may be appealed to the board by either party by serving on the executive director, either in person or by certified mail, a notice of appeal within 30 days after service of the proposed decision on the appealing party.

c. Following receipt of a notice of appeal, the board shall enter an order establishing a schedule for submission of briefs and oral argument. The parties shall serve their briefs on the board and shall furnish an additional copy to each party by first-class mail.

d. Oral argument shall be heard by the board unless waived by both parties. The time granted each party for oral argument shall be established by the board.

e. The record on appeal shall be the entire record made before the hearing panel or administrative law judge. Costs associated with the appeal shall be paid by the appealing party."

A new subrule 51.26(4) has been adopted as follows: "At no time prior to the release of the final decision by the board shall a proposed decision be made public or distributed to any person other than the parties."

Subrule 51.26(4) has been renumbered as 51.26(5) and former paragraphs "a" to "c," now "a" to "d," have been amended as follows:

a. The evidence is material; and

b. The evidence arose after completion of the original hearing; or

c. Good cause exists for failure to present the evidence at the original hearing; and

d. The party has not waived the right to present the additional evidence.

In subrule 51.30(1), the catchwords "Necessary emergency action" have been omitted because they are not necessary.

This amendment is intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202 [House File 667].

This amendment will become effective June 23, 1999.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Ch 51] is being omitted. With the exception of

the changes noted above, these rules are identical to those published under Notice as ARC 8826A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 8985A

Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa Department of Economic Development adopts amendments to Chapter 23, "Iowa Community Development Block Grant Program," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 8762A on March 10, 1999. The IDED Board adopted the amendments on April 22, 1999.

The amendment outlines procedures to distribute supplemental HUD funds received in response to a presidential declaration of a disaster in Iowa.

A public hearing was held on March 30, 1999. No comments concerning the proposed rules were received from the public. This amendment is identical to that published under Notice of Intended Action.

This amendment is intended to implement Iowa Code section 15.108(1)"a."

This amendment will become effective on June 23, 1999.

The following amendment is adopted.

Amend 261--Chapter 23 by adopting the following new rule 261--23.14(15) and renumbering current rule 261-- 23.14(15) as 261--23.15(15).

261--23.14(15) Disaster recovery fund. The disaster recovery fund is reserved for communities impacted by natural disasters when a supplemental disaster appropriation is made under the community development block grant program. Funds are available to repair damage and to prevent future threat to public health, safety or welfare that is directly related to the disaster for which HUD supplemental funds have been allocated to the state.

23.14(1) Application procedure. Communities in need of disaster recovery funds shall submit a written request to IDED, Bureau of Community Facilities and Services, 200 East Grand Avenue, Des Moines, Iowa 50309. The request shall include a description of the community's problem, the amount of funding requested, projected use of funds, the amount of local funds to be provided and the percent of low- and moderate-income persons benefiting from the project.

23.14(2) Application review. Upon receipt of a request, IDED, in consultation with appropriate federal, state and local agencies, shall make a determination of whether the community and project are eligible for funding and notify the applicant community of its determination. A project shall be considered eligible only if it meets all of the following criteria:

1. A threat must exist to health, safety or community welfare that requires immediate action.

2. The threat must be a result of a natural disaster receiving a presidential declaration for which IDED received a supplemental HUD appropriation.

3. No known alternative project or action would be more feasible than the proposed project.

4. Sufficient other local, state or federal funds (including the CDBG competitive program) either are not available or cannot be obtained in the time frame required.

23.14(3) Compliance with federal and state regulation. A community receiving funds under the disaster recovery fund shall comply with all laws, rules and regulations applicable to the CDBG competitive program, except those waived by HUD as a result of federal action in conjunction with the disaster recovery initiative and those not required by federal law that IDED may choose to waive. IDED shall make available a list of all applicable federal regulations and disaster-related waivers granted by Congress and relevant federal agencies to all applicants for assistance.

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/19/99.

ARC 8984A

Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa Department of Economic Development adopts an amendment to Chapter 28, "Local Housing Assistance Program," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 8763A on March 10, 1999. The IDED Board adopted the amendment on April 22, 1999.

The amendment provides for a technical revision that requires pertinent records for the program be retained for three years after the project completion.

A public hearing was held on March 30, 1999. No comments concerning the proposed amendment were received from the public. The adopted amendment is identical to that published under Notice of Intended Action.

This amendment is intended to implement Iowa Code section 15.353.

This amendment will become effective on June 23, 1999.

The following amendment is adopted.

Amend subrule 28.9(3) as follows:

28.9(3) Record keeping and retention. The recipient shall retain all financial records, supporting documents and all other records pertinent to the LHAP activity activities for one year three years after contract closeout. Representatives of IDED shall have access to all records belonging to or in use by recipients pertaining to LHAP funds.

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/19/99.

ARC 8983A

Pursuant to the authority of Iowa Code sections 15.104 and 15.106, the Iowa Department of Economic Development hereby adopts amendments to Chapter 53, "Community Economic Betterment Program," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 8764A on March 10, 1999. The IDED Board adopted these amendments on April 22, 1999.

The amendments revise the rules for the Venture Project component of the CEBA Program. The amendments include eligibility requirements for Venture Project applications, application procedures and evaluation criteria.

A public hearing was held on March 30, 1999. The final amendments include one format change in subrule 53.9(1) requested by the IDED Board. Paragraph "c" was stricken and relocated to the last sentence in the introductory paragraph to clarify that projects must always meet this requirement and those of either paragraph "a" or "b" to be eligible for assistance.

These rules are intended to implement Iowa Code sections 15.315 to 15.325.

These amendments will become effective on June 23, 1999.

The following amendments are adopted.

ITEM 1. Amend rule 261--53.2(15), definition of "Venture project," as follows:

"Venture project" means an economic activity performed by a start-up company, or early-stage company, or existing company developing a new product or new technology.

ITEM 2. Amend rule 261--53.6(15), introductory paragraph, as follows:

261--53.6(15) Application for assistance. The requirements outlined in this rule are applicable to all CEBA program components, except applications under the venture project component. Refer to rule 261--53.10(15) for application requirements for venture projects.

ITEM 3. Amend paragraph 53.6(3)"e" as follows:

e. The department will rate and rank applications according to the criteria in rule 53.7(15). Additionally, for small business gap financing applications, the department will use rule 53.8(15). ,or for For new business opportunities, and new product development, or venture project applications, the department will use rule 53.9(15). The department will present its recommendations on rating and ranking to the committee. The committee will present its recommendations to the board. The board will have final authority in the rating and ranking of applications. The board will also make the final decision to approve, reject, table, defer, or refer an application to another funding program. The department may negotiate with the applicant or proposed recipient concerning dollar amounts, terms, or any other elements of the application package. The board may offer an award in a lesser amount or structured in a manner different than requested.

ITEM 4. Amend rule 261--53.7(15), introductory paragraph, as follows:

261--53.7(15) Selection criteria. In ranking applications for funding submitted under the small business gap financing component, the new business opportunities component, and the new product development component, at least the following criteria shall be considered:

ITEM 5. Amend rule 261--53.9(15) as follows:

261--53.9(15) New business opportunities, and new product development components, and venture project components.

53.9(1) Additional criteria and targeting for new business opportunities and new product development components. The criteria in rule 53.7(15) will be used for evaluating applications under these components. Applications for these components must be for businesses that show with projects that offer a quality economic opportunity to Iowans and meet one of the following characteristics:

a. The industry is one targeted within the state's strategic plan; or

b. The resulting economic activity is underrepresented in the state's overall economic activity mix; and .

c. The project offers a quality economic opportunity to Iowans.

53.9(2) Additional criteria for venture projects. The criteria in rule 53.7(15) will be used for evaluating applications under this component. Applications for this component shall also meet the following criteria:

a. The business requesting CEBA assistance must be a start-up or early-stage company; and

b. The business must accept the assistance as an equity-like investment; and

c. The CEBA assistance is limited to $100,000.

53.9(3) 53.9(2) Applications. Applicants applying for assistance under these components shall use the general business financial assistance application form provided by the department. The department may, at its option, transfer requests to a different financial assistance program, including but not limited to:

a. Small business gap financing component of CEBA;

b. EDSA (economic development set-aside program);

c. BDFC (business development finance corporation program); or

d. PFSA (public facilities set-aside program).

53.9(4) 53.9(3) Rating system. The rating system for proposed projects will be as follows:

a. Local effort (as defined in 53.8(3)"a"). Maximum -- 20 points;

b. Private contributions as compared to CEBA request (as defined in 53.8(3)"c"). Maximum -- 20 points;

c. Comprehensive community and economic development plan (as defined in 53.8(3)"d."). Maximum -- 10 points;

d. Extra points if small business, as defined by the SBA. Maximum -- 10 points;

e. Project impact, as defined in 53.8(3)"f" and 53.8(4). Maximum -- 120 points;

f. Potential for future expansion of the industry in general. Maximum -- 20 points. This factor awards additional points for those projects that tend to show a greater potential for expansion of that industry within Iowa.

The maximum total score possible is 200 points.

Projects that score less than 120 points in rule 53.9(15) will not be recommended for funding by the staff to the committee.

53.9(5) 53.9(4) Project period. Projects funded under rule 53.9(15) are considered to have up to a maximum five-year project period.

The recipient shall maintain the pledged jobs for 90 days beyond the project expiration date or will be subject to penalties as provided for in rule 53.13(15) 53.14(15).

ITEM 6. Adopt the following new rule 261--53.10(15) and renumber existing rules 261--53.10(15) to 261-- 53.15(15) as 261--53.11(15) to 261--53.16(15):

261--53.10(15) Venture project components.

53.10(1) Eligible applicants; projects; coordination with PROMISE JOBS.

a. Eligible businesses. Eligible businesses include start-up companies, early-stage companies, and existing companies that are developing a new product or new technology.

b. Form and amount of assistance. The CEBA award will be in the form of an equity-like investment (e.g., royalty agreement or deferred loan). The maximum award amount shall not exceed $250,000.

c. Eligible applicants. Applications will be accepted from cities, counties, and community colleges on behalf of eligible businesses. Applications shall be submitted on the CEBA venture project application form provided by the department. If an application is approved, the department will contract directly with the business on whose behalf the application was submitted.

d. Coordination with PROMISE JOBS. Businesses receiving assistance shall make available for PROMISE JOBS participants 10 percent of the new jobs created.

53.10(2) Ineligible applications. The department will not rate and rank ineligible applications. An application may be determined to be ineligible if:

a. It is submitted by an ineligible applicant; or

b. The project consists of a business relocation from within the state unless unusual circumstances exist which make the relocation necessary for the business's viability; or

c. The CEBA application is not properly signed by the applicant and the business; or

d. The business has a record of violations of the law over a period of time that tends to show a consistent pattern. The business shall provide the department with a report detailing violations of law within the most recent consecutive three-year period prior to application. Consistent with Iowa Code section 15A.1(3), violations of environmental protection statutes, regulations or laws shall be reported for the most recent five-year period prior to application. If the department finds that a business has a record of violations of law that tends to show a consistent pattern, the business shall not be eligible under this program. Violations of law include, but are not limited to, environmental and worker safety statutes, rules and regulations. A business shall not be ineligible if the department finds that the violations did not seriously affect the public health, safety, or the environment or, if they did, that there were mitigating circumstances.

53.10(3) Rating system. Eligible applications will be reviewed and rated using the following criteria:

a. Jobs associated with the project. Factors considered include, but are not limited to, the following:

(1) The number of jobs created, if any, by the project;

(2) The potential for job creation as a result of the project;

(3) The quality of the wages and benefits for jobs actually or potentially created as a result of the project.

NOTE: For the venture project component, CEBA funds will not be leveraged on a per job basis.

Maximum -- 10 points.

b. Additional funding sources. The amount of the total project costs coming from sources other than CEBA venture funds including, but not limited to, private equity investment, conventional loans, owner equity investment, or other acceptable forms of investment as determined by the department. Maximum -- 10 points.

c. Strength of the business plan. Factors to be considered include, but are not limited to, the following:

(1) A description of the business and the overall industry;

(2) The experience level of the business management team;

(3) A description of the product and production plan;

(4) Project financial projections;

(5) Feasibility of the product and project;

(6) Market identification and marketing strategy.

Maximum -- 60 points.

d. Potential return on investment of the CEBA venture award. Maximum -- 10 points.

e. Potential for future growth of the business. Maximum -- 5 points.

f. Local financial support. The amount of the total project costs attributable to local funding sources including, but not limited to, city, county, community college, chamber of commerce, economic development groups, utilities, or other local sources, compared to the resources reasonably available from those sources. Maximum -- 10 points.

g. Comprehensive community and economic development plan. A community submitting a comprehensive community and economic development plan meeting the requirements of 261--Chapter 80 will receive 5 extra points.

Applications must receive a minimum of 60 points to be recommended for funding.

53.10(4) Application review and approval.

a. Awards of $100,000 or less. For awards of $100,000 or less, department staff will review and rate applications and prepare funding recommendations for the director. The director of the department has the authority to approve CEBA venture project awards in an amount up to and including $100,000.

b. Awards over $100,000. For awards over $100,000 but not more than $250,000, the department will review and rate applications and present its recommendations to the committee. The committee will present its recommendations to the board. The board will have final decision-making authority. The board may approve, reject, table, defer or refer an application to another funding source.

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/19/99.

ARC 8986A

Pursuant to the authority of Iowa Code paragraph 17A.3(1)"b," the Department of Economic Development rescinds Chapter 101, "Agency Procedure for Rule Making," Chapter 102, "Petition for Rule Making," and Chapter 103, "Petition for Declaratory Ruling," appearing in the Iowa Administrative Code, and adopts Chapter 101, "Department Procedure for Rule Making," Chapter 102, "Petition for Rule Making," and Chapter 103, "Petition for Declaratory Order."

Notice of Intended Action was published on March 10, 1999, as ARC 8765A. The IDED Board adopted the amendments on April 22, 1999. These amendments are identical to those published under Notice of Intended Action.

These amendments revise the Department's rules governing procedures for rule making, petitions for rule making, and declaratory orders.

The Seventy-seventh General Assembly amended the Iowa Administrative Procedure Act in 1998 Iowa Acts, chapter 1202. A task force from 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 to its rule making and declaratory order chapters are based on the amendments of the Attorney General's task force, with some omissions and modifications to fit the Department. The amendments are available at the State Law Library, Capitol Building, Des Moines, Iowa, or on the Attorney General's Web site http://www.state.ia.us/government/ag/deptdir.htm.

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

* The requirement for an economic impact statement if requested by members of the Administrative Rules Review Committee (ARRC) is deleted and replaced with a requirement for a regulatory analysis if requested by the ARRC or the Administrative Rules Coordinator. In addition, if the rule would have a substantial impact on small business, a request for a fiscal impact statement may also be made by at least 25 persons, provided that each represents a small business, or an organization representing at least 25 small businesses.

* The ARRC, the Administrative Rules Coordinator, a political subdivision, a state agency, 25 persons signing one request, or an association having not less than 25 members may request the Department to conduct a formal review of a specified rule to determine whether the rule should be repealed or amended or a new rule adopted instead. If the Department has not conducted such a review of the specified rule within a period of five years prior to the filing with the Department of that written request, the Department shall prepare within a reasonable time a written report with respect to the rule summarizing the Department's findings, its supporting reasons, and any proposed course of action. The report must include a concise statement of the rule's effectiveness, including a summary of data supporting the conclusions reached; written criticisms of the rule received during the previous five years, including a summary of any petitions for waiver of the rule (i.e., requests for exceptions to policy) tendered to the Department or granted by the Department; and alternative solutions regarding the subject matter of the criticisms and the reasons they were rejected or the changes made in the rule in response to those criticisms and the reasons for the changes. A copy of the report is sent to the ARRC and the Administrative Rules Coordinator.

* The current law regarding declaratory rulings is deleted and replaced with declaratory orders. The purpose is the same, but requirements are more specific than in current law. Rules are added to provide for petitions for intervention.

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

These amendments will become effective on June 23, 1999.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Chs 101, 102 and 103] is being omitted. These rules are identical to those published under Notice as ARC 8765A, IAB 3/10/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9000A

Pursuant to the authority of Iowa Code section 17A.3, the Department of Human Rights hereby amends Chapter 2, "Public Records and Fair Information Practices," and adopts Chapter 3, "Petitions for Rule Making," Chapter 4, "Agency Procedure for Rule Making," Chapter 5, "Declaratory Orders," and Chapter 6, "Contested Cases," Iowa Administrative Code.

Chapters 2, 3, 4, 5 and 6 govern fair information practices, declaratory orders, petitions for rule making, procedures for rule making, and contested cases.

Notice of Intended Action was published in the March 24, 1999, Iowa Administrative Bulletin as ARC 8814A. No public comment was received on these amendments. The adopted amendments are identical to those published under Notice.

These amendments will become effective June 23, 1999.

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

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 [2.1, 2.3(1), 2.6, Chs 3 to 6] is being omitted. These amendments are identical to those published under Notice as ARC 8814A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 8991A

Pursuant to the authority of Iowa Code section 10A.104(5), the Department of Inspections and Appeals hereby amends Chapter 1, "Administration," and Chapter 10, "Contested Case Hearings," Iowa Administrative Code.

The amendments implement provisions of 1998 Iowa Acts, chapter 1202, which changed the name of the division that conducts contested case hearings for state agencies. The amendments also add a new rule to establish a code of administrative judicial conduct to govern the conduct of all persons who act as presiding officers under the authority of Iowa Code section 17A.11(1) as amended by 1998 Iowa Acts, chapter 1202, section 15. The single code is less rigorous than the version used by Iowa courts and, with a few noted exceptions for non-ALJ decision makers, will be applicable to all presiding officers, whether they are ALJs, board members or agency heads.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8797A. No comments were received on the amendments.

At the request of the Administrative Rules Review Committee, the word "should" was replaced by the word "shall" in each of the canons and subprinciples. This revision clarifies that persons who act as presiding officers in contested cases are to observe the guidelines in the code of administrative judicial conduct as mandatory requirements.

As specified in 1998 Iowa Acts, chapter 1202, section 3(7d), before the provisions of the code of administrativejudicial conduct can be made applicable to non-ALJ decision makers, the provisions must first be approved by the Administrative Rules Coordinator. In a letter to the department dated April 23, 1999, the Administrative Rules Coordinator approved most of the provisions contained in the code as having application to non-ALJ decision makers who act as presiding officers. The code provisions in subparagraphs 10.29(3)"a"(5) and (8) and subrule 10.29(4) will not apply to non-ALJ decision makers. A sentence was added to identify the exceptions to the code provisions, where appropriate.

These amendments will become effective July 1, 1999.

These amendments are intended to implement Iowa Code chapters 10A and 17A as amended by 1998 Iowa Acts, chapter 1202.

The following amendments are adopted.

ITEM 1. Amend rule 481--1.6(10A), catchwords, by striking the words "Appeals and fair" and inserting in lieu thereof the word "Administrative".

ITEM 2. Amend rule 481--10.1(10A) as follows:

Amend the definition of "Division" as follows:

"Division" means the division of appeals and fair administrative hearings in the department of inspections and appeals.

Adopt the following new definitions in alphabetical order:

"Appointing authority" means the appointed or elected chief administrative head of a department, commission, board, independent agency, or statutory office or that person's designee or in the case of gubernatorial appointees, the governor.

"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 agency functions, including fact gathering for purposes other than investigation of the matter which culminates in a contested case.

"Presiding officer" means, as used in the code of administrative judicial conduct, all persons who preside in contested case proceedings under Iowa Code section 17A.11(1) as amended by 1998 Iowa Acts, chapter 1202, section 15.

ITEM 3. Amend 481--Chapter 10 by adopting a new rule 481--10.29(10A) as follows:

481--10.29(10A) Code of administrative judicial conduct. The code of administrative judicial conduct is designed to govern the conduct, in relation to their adjudicative functions in contested cases, of all persons who act as presiding officers under the authority of Iowa Code section 17A.11(1) as amended by 1998 Iowa Acts, chapter 1202, section 15. The canons are rules of reason. The canons shall be applied consistent with constitutional requirements, statutes, administrative rules, and decisional law and in the context of all relevant circumstances. The canons must be harmonized with the dictates of the administrative process as established by the legislature. This code is to be construed so as to promote the essential independence of presiding officers in making judicial decisions.

Whether disciplinary action is appropriate, and the degree of discipline to be imposed, shall be determined by the appointing authority through a reasonable and reasoned application of the text and shall depend on such factors as the seriousness of the transgression, whether there is a pattern of improper activity, and the effect of improper activity on others or on the administrative system. This code is not designed or intended as a basis for civil liability or criminal prosecution.

10.29(1) Canon 1. A presiding officer shall uphold the integrity and independence of the administrative judiciary.

a. An independent and honorable administrative judiciary is indispensable to justice in society.

b. A presiding officer shall participate in establishing, maintaining, and enforcing high standards of conduct and shall personally observe those standards so that the integrity and independence of the administrative judiciary will be preserved.

c. The provisions of this code are to be construed and applied to further that objective.

10.29(2) Canon 2. A presiding officer shall avoid impropriety and the appearance of impropriety in all adjudicative functions in contested cases.

a. A presiding officer shall respect and comply with the law and at all times shall act in a manner that promotes public confidence in the integrity and impartiality of the administrative judiciary.

b. A presiding officer shall not allow family, social, political, or other relationships to influence the presiding officer's judicial conduct or judgment. This provision shall not be construed as prohibiting the development of public policy by contested case adjudication. A presiding officer shall not lend the prestige of the office to advance the private interests of the presiding officer or others; nor shall a presiding officer convey or permit others to convey the impression that they are in a special position to influence the presiding officer.

c. A presiding officer shall not hold membership in any organization that the presiding officer knows practices invidious discrimination on the basis of race, sex, religion or national origin.

10.29(3) Canon 3. A presiding officer shall perform the duties of the office impartially and diligently.

a. Adjudicative responsibilities. A presiding officer in the performance of adjudicative duties in contested case proceedings shall follow these standards:

(1) A presiding officer shall be faithful to the law, unswayed by partisan interests, public clamor, or fear of criticism.

(2) A presiding officer shall maintain order and decorum in proceedings before the presiding officer.

(3) A presiding officer shall be patient, dignified, and courteous to litigants, witnesses, attorneys, representatives, and others with whom the presiding officer deals in an official capacity, and shall require similar conduct of attorneys, representatives, staff members and others subject to the presiding officer's direction and control.

(4) A presiding officer shall not, in the performance of adjudicative duties by words or conduct, manifest bias or prejudice, including but not limited to bias or prejudice based upon sex, race, national origin or ethnicity and shall not permit staff and others subject to the presiding officer's direction and control to do so.

(5) A presiding officer shall accord to all persons who are legally interested in a proceeding, or their representatives, full right to be heard according to law, and except as authorized by law, neither initiate nor consider ex parte communications as to substantive matters concerning a pending or impending proceeding.

This subparagraph (5) is not applicable to agency heads or members of multimember agency heads when they act as presiding officers.

(6) A presiding officer shall dispose of all adjudicative matters promptly, efficiently and fairly.

(7) A presiding officer shall abstain from public comment about a pending or impending contested case proceeding that might reasonably be expected to affect the outcome or impair the fairness of the proceeding, and shall require similar abstention by agency personnel subject to the presiding officer's direction and control. This subparagraph does not prohibit a presiding officer from making public statements in the course of official duties or from explaining for public information the hearing procedures of agencies.

(8) A presiding officer shall not disclose or use, for any purpose unrelated to adjudicative duties, nonpublic information acquired in an adjudicative capacity.

This subparagraph (8) is not applicable to agency heads or members of multimember agency heads when they act as presiding officers.

(9) A presiding officer shall report any violation of this code to the appropriate authority for any disciplinary proceedings provided by law.

b. Disqualification. 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:

(1) Has a personal bias or prejudice concerning a party or a representative of a party;

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

(3) 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;

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

(5) 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;

(6) 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 an attorney 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

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

c. Disclosure on record. In a situation where a presiding officer knows of information which might reasonably be deemed to be a basis for disqualification and decides voluntary withdrawal is unnecessary, the presiding officer shall disclose the relevant information on the record and shall state reasons why voluntary withdrawal is unnecessary.

10.29(4) Canon 4. A presiding officer shall regulate extrajudicial activities to minimize the risk of conflict with judicial duties.

In general, a presiding officer shall conduct all of the presiding officer's extrajudicial activities so that they do not:

1. Cast reasonable doubt on the presiding officer's capacity to act impartially as a judge;

2. Create the appearance of impropriety or demean the adjudicative office; or

3. Interfere with the proper performance of adjudicative duties.

This subrule, 10.29(4), is not applicable to agency heads or members of multimember agency heads when they act as presiding officers.

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/19/99.

ARC 8993A

Pursuant to the authority of Iowa Code section 10A.104(5), the Department of Inspections and Appeals hereby amends Chapter 2, "Petitions for Rule Making," and Chapter 4, "Agency Procedure for Rule Making," and rescinds Chapter 3, "Declaratory Rulings," and adopts a new Chapter 3, "Declaratory Orders," Iowa Administrative Code.

The amendments bring the Department's rules on administrative rule making and declaratory orders into conformance with 1998 Iowa Acts, chapter 1202, which amended the Iowa Administrative Procedure Act.

The Department's amendments to its rules are based on the amendments to the Uniform Rules on Agency Procedure drafted by a task force from the Attorney General's Office and published in the first volume of the Iowa Administrative Code and the Iowa Administrative Bulletin on February 24, 1999.

The adopted amendments are identical to those published under Notice of Intended Action in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8798A. No comments were received on the amendments.

These amendments will become effective July 1, 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.

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 2 to 4] is being omitted. These amendments are identical to those published under Notice as ARC 8798A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9016A

Pursuant to the authority of Iowa Code sections 321I.7, 502.607, 502A.17, 505.8, 523A.16, 523B.10, 523C.10, 523D.10, 523E.16, and 566A.14, the Insurance Division hereby rescinds Chapter 2, "Declaratory Rulings," Chapter 3, "Administrative Hearings of Contested Cases," and Chapter 4, "Petition for Rule Making," Iowa Administrative Code, and adopts Chapter 2, "Declaratory Orders," Chapter 3, "Contested Cases," and Chapter 4, "Agency Procedure for Rule Making."

These rules set forth procedures governing various administrative proceedings. They are being promulgated in response to amendments to Iowa Code chapter 17A, the Iowa Administrative Procedure Act, in 1998 Iowa Acts, chapter 1202.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8836A. No public comment was received. No person attended the public hearing scheduled for April 16, 1999.

Certain substantive changes to the Notice of Intended Action were made in response to comments from Insurance Division staff. Those changes are as follows: (1) subrule 3.5(1) was revised to specify that licensees must receive notices of hearing via restricted certified mail, as required by Iowa Code section 17A.18; (2) subrule 3.5(3) was added to clarify that answers must be filed in response to notices of hearing as well as in response to petitions for intervention; (3) subrule 3.5(4) was added to clarify that notices of hearing as well as petitions for intervention may be amended; (4) subrule 3.5(5) was added to require the Insurance Division to hold a hearing within 45 days after a notice is issued, subject to requests for continuances; (5) rule 3.8(17A) was revised to permit any party to call witnesses by telephone, with advance notice to all parties and the presiding officer; (6) subrule 3.14(1) was revised to require requests for subpoenas to be received at least ten days prior to hearing rather than three days prior to hearing; (7) paragraph 3.17(1)"a" was revised to permit continuances less than 14 days prior to hearing, with the consent of all parties; (8) language was added to subrule 3.20(7) on sequestration of witnesses, to clarify what persons may not be excluded from a hearing, tracking Iowa Rule of Evidence 615; (9) a time limit was added to subrule 3.21(4) which deals with when exhibits must be exchanged; (10) the requirement in subrule 3.21(5) that a presiding officer specify reasons for rulings on objections was not adopted; (11) subrule 3.26(3) was added to require a presiding officer to specify that a proposed decision shall become final unless there is an appeal or review of the decision; (12) language was added to subrule 3.31(2) which clarifies that licensees must be served with notice via restricted certified mail or personal service; (13) subrule 3.31(6) was added to clarify that the rule on emergency adjudicative proceedings does not preclude issuance of summary cease and desist orders as permitted by statute; (14) a time frame was added to rule 3.32(502,505) on summary orders; and (15) language was added to paragraph 3.33(2)"d" to clarify use of settlement negotiations, tracking Iowa Rule of Evidence 408.

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

These amendments will become effective June 23, 1999.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Chs 2 to 4] is being omitted. With the exception of the changes noted above, these rules are identical to those published under Notice as ARC 8836A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9023A

Pursuant to the authority of Iowa Code subsection 514B.33, the Insurance Division hereby adopts Chapter 41, "Limited Service Organizations," Iowa Administrative Code.

These rules set forth the provisions and requirements for licensure of limited service organizations in the state. Included in the rules are definitions, application requirements, governing body and enrollee representation, quality of care requirements, complaint procedures, cancellation of enrollee requirements, application for certificate of authority, net equity and deposit requirements, fidelity bond and annual report requirements, cash and asset management agreements, reinsurance, provider contracts, emergency services and reimbursement provisions, provider requirements, and disclosure requirements.

Notice of Intended Action regarding these rules was published in the Iowa Administrative Bulletin on January 13, 1999, as ARC 8619A. A hearing was held on Friday, February 12, 1999. Public comment was received both orally and in writing concerning licensure and capital and surplus requirements. The Division responded to all questions.

The Insurance Commissioner adopted these rules April 16, 1999. These rules are identical to those published under Notice of Intended Action.

These rules are intended to implement Iowa Code section 514B.33.

These rules shall become effective August 18, 1999.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Ch 41] is being omitted. These rules are identical to those published under Notice as ARC 8619A, IAB 1/13/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9018A

Pursuant to the authority of Iowa Code section 502.607, the Insurance Division hereby amends Chapter 50, "Regulation of Securities Offerings and Those Who Engage in the Securities Business," Iowa Administrative Code.

These rules set forth minimum financial and bonding requirements for those who wish to become licensed as investment advisers and investment adviser representatives.

Notice of Intended Action was published in the December 16, 1998, Iowa Administrative Bulletin as ARC 8564A. No public comment was received on these rules. In subrules 50.106(1) to 50.106(3), the words "Except as otherwise provided in subrule 50.106(7)," are added.

These rules will become effective on June 23, 2000.

These rules are intended to implement Iowa Code section 502.302.

The following rules are adopted.

ITEM 1. Adopt the following new rule 191-- 50.106(502):

191--50.106(502) Minimum financial requirements for investment advisers.

50.106(1) Except as otherwise provided in subrule 50.106(7), an investment adviser registered or required to be registered under Iowa Code section 502.302 who has custody of client funds or securities shall maintain at all times a minimum net worth of $35,000, and every investment adviser registered or required to be registered under Iowa Code section 502.302 who has discretionary authority over client funds or securities but does not have custody of client funds or securities shall maintain at all times a minimum net worth of $10,000.

50.106(2) Except as otherwise provided in subrule 50.106(7), an investment adviser registered or required to be registered under Iowa Code section 502.302 who accepts prepayment of more than $500 per client and six or more months in advance shall maintain at all times a positive net worth.

50.106(3) Except as otherwise provided in subrule 50.106(7), or unless otherwise exempted, as a condition of the right to transact business in this state, every investment adviser registered or required to be registered under Iowa Code section 502.302 shall by the close of business on the next business day notify the administrator if such investment adviser's net worth is less than the minimum required. After transmitting such notice, each investment adviser shall file by the close of business on the next business day a report with the administrator of the adviser's financial condition, including the following:

a. A trial balance of all ledger accounts;

b. A statement of all client funds or securities which are not segregated;

c. A computation of the aggregate amount of client ledger debit balances; and

d. A statement as to the number of client accounts.

50.106(4) For the purposes of this rule, the term "net worth" shall mean an excess of assets over liabilities, as determined by generally accepted accounting principles, but shall not include the following as assets: prepaid expenses (except items properly classified as assets under generally accepted accounting principles), deferred charges, goodwill, franchise rights, organizational expenses, patents, copyrights, marketing rights, unamortized debt discount and expense, all other assets of intangible nature, home furnishings, automobile(s), and any other personal items not readily marketable in the case of an individual; advances or loans to stockholders and officers in the case of a corporation; and advances or loans to partners in the case of a partnership.

50.106(5) For the purposes of this rule, a person will be deemed to have custody if the person directly or indirectly holds client funds or securities, has any authority to obtain possession of them, or has the ability to appropriate them.

50.106(6) The administrator may require that a current appraisal be submitted in order to establish the worth of any asset.

50.106(7) Every investment adviser whose principal place of business is in a state other than this state shall maintain only such minimum capital as required by the state in which the investment adviser maintains the adviser's principal place of business, provided the investment adviser is licensed in such state and is in compliance with such state's minimum capital requirements.

The effective date of this rule shall be June 23, 2000.

This rule is intended to implement Iowa Code section 502.302.

ITEM 2. Adopt the following new rule 191-- 50.107(502):

191--50.107(502) Bonding requirements for certain investment advisers.

50.107(1) Any bond required by this rule shall be issued by a company qualified to do business in this state in the form determined by the administrator and shall be subject to the claims of all clients of such investment adviser regardless of the client's state of residence.

a. Every investment adviser registered or required to be registered under Iowa Code section 502.302 having custody of or discretionary authority over client funds or securities shall be bonded in an amount determined by the administrator based upon the number of clients and the total assets under management of the investment adviser.

b. Every investment adviser registered or required to be registered under Iowa Code section 502.302 who has custody of or discretionary authority over client funds or securities and who does not meet the minimum net worth standard in subrule 50.106(1) shall be bonded in the amount of net worth deficiency rounded up to the nearest $5000.

50.107(2) An investment adviser whose principal place of business is in a state other than this state shall be exempt from the requirements of subrule 50.107(1), provided that the investment adviser is registered as an investment adviser in the state of the adviser's principal place of business and is in compliance with such state's requirements relating to bonding.

The effective date of this rule shall be June 23, 2000.

This rule is intended to implement Iowa Code section 502.302.

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/19/99.

ARC 9020A

Pursuant to the authority of Iowa Code section 544B.5, the Landscape Architectural Examining Board hereby amends Chapter 1, "Description of Organization"; rescinds Chapter 4, "Disciplinary Action," and adopts new Chapter 4 with the same title; amends Chapter 5, "Public Records and Fair Information Practices"; and adopts new Chapter 8, "Petition for Rule Making and for Declaratory Orders," Iowa Administrative Code.

The amendments to Chapter 1 add new definitions to implement changes to the Uniform Rules on Agency Procedure to comply with 1998 Iowa Acts, chapter 1202.

The amendment to Chapter 5 will enable the board to share information with the College Student Aid Commission regarding licensees who default on debt owed or collected by the Commission.

Chapter 4 is rescinded and a new chapter adopted which implements changes to the Administrative Procedure Act by 1998 Iowa Acts, chapter 1202.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8800A.

Two changes have been made to the Notice of Intended Action. Current Chapter 7, "Waivers or Variances from Rules," is not rescinded and new Chapter 7, "Petition for Rule Making and Declaratory Orders," is renumbered as Chapter 8.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapters 272C and 544B.

These amendments will become effective June 23, 1999.

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 [1.1, Ch 4, 5.17, Ch 8] is being omitted. With the exception of the changes noted above, these amendments are identical to those published under Notice as ARC 8800A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9031A

Pursuant to the authority of Iowa Code sections 17A.3 and 216A.116, the Division of Latino Affairs, Department of Human Rights, hereby adopts Chapter 3, "Petitions for Rule Making," Chapter 4, "Agency Procedures for Rule Making," Chapter 5, "Declaratory Orders," and Chapter 7, "Contested Cases," Iowa Administrative Code.

Chapters 3, 4, 5 and 7 govern petitions for rule making, procedures for rule making, declaratory orders and contested cases in compliance with 1998 Iowa Acts, chapter 1202, which becomes effective July 1, 1999.

Notice of Intended Action was published in the March 24, 1999, Iowa Administrative Bulletin as ARC 8825A. No public comment was received on these rules. The adopted amendments are identical to those published under Notice.

These amendments will become effective June 23, 1999.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code section 216A.116.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Chs 3, 4, 5, 7] is being omitted. These rules are identical to those published under Notice as ARC 8825A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9014A

Pursuant to the authority of Iowa Code sections 99E.9 and 17A.3(1)"b," the Iowa Lottery Board, for the Lottery Division of the Department of Revenue and Finance, amends Chapter 1, "General Operation of the Lottery," Chapter 2, "Licensing," Chapter 6, "Contested Cases," and Chapter 13, "Computerized Lottery Games--General Rules"; rescinds Chapter 7, "Petitions for Rule Making and Petitions for Declaratory Rulings," and adopts a new Chapter 7, "Declaratory Orders"; and adopts Chapter 14, "Petitions for Rule Making," Iowa Administrative Code.

These amendments revise the Lottery's rules by allowing prize winners to elect a cash payment option after winning a prize that is paid over a period of ten years or more, require bonds for retailers, and include contested case proceedings, rule making, petitions for rule making, and declaratory orders.

The majority of these amendments address changes mandated by the amendments to the Iowa Administrative Procedure Act. See 1998 Iowa Acts, chapter 1202. A task force from 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 Lottery's proposed amendments are based on the amendments of the Attorney General's task force, with some omissions and modifications to fit the Lottery's needs. The task force's amendments are 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 Lottery's rules will be in compliance with 1998 Iowa Acts, chapter 1202. The major changes governing the rule-making process in chapter 1202 that are to be effective July 1, 1999, are as follows:

* In Chapter 2, the Lottery is amending its rules to implement a policy regarding bonds for retailers with credit problems or no credit history.

* In Chapter 6, the Lottery has revised its contested case rules to be consistent with the changes in the law. The amendments 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 7, the Lottery 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 14, the Lottery 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 Lottery 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.

Additionally, in Item 1, the Lottery is amending its rules to accommodate a change in federal tax law that allows prize winners to elect to take a cash payment of a prize 60 days after the prize winner becomes eligible to receive the prize. The rule also accommodates a change in federal tax law that allows prior winners to ask for a cash payment of their prize as well.

In Item 2, the Lottery is setting forth a rule governing bonding requirements for retailers in accordance with Iowa Code section 99E.16(4).

In Item 16, the Lottery is adding a new rule to address concerns regarding the use of the prize fund to support special promotions and the transfer of prize fund moneys to a successor or different on-line game.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8856A. A public hearing was held on April 15, 1999, and one comment was received. The commenter indicated that the National Association of Lottery Purchasers (NALP) believed that the cash-out rule proposed by the Lottery was flawed because (1) the Lottery lacks statutory authority to enact the rule; (2) the rule is defective because it does not provide for judicial review; (3) there is no evidence that private companies have not served the existing market; (4) the rule contains insufficient protections for prize winners or entities who have a continuing interest in receiving prize payments; (5) there is uncertainty in the method by which the Lottery intends to cash out the prizes; (6) there is uncertainty in the tax implications for prize winners and the Lottery should wait for the Treasury Department to promulgate rules; and (7) there may be adverse tax revenue consequences for the State of Iowa.

In response to these comments, the Lottery amended subrule 1.29(4) to include more notice to prize winners and added new language indicating that it would suggest that prize winners contact legal and financial advisors. This new language reads as follows: "The lottery will provide a notice to all eligible prize winners within ten days after the effective date of this rule advising them of the cash-out option and the assignment option provided for in rule 1.18(99E) in such a manner so as to allow the prize winner to consider all options available to the prize winner. Prize winners will be provided a second notice at the time they contact the lottery regarding the cash- out option. The notice may include among other things, the amount of the payment the lottery is able to provide on a date certain and information regarding other options, including the assignment and loan options available in the marketplace for the prize winner consistent with rule 1.18(99E). The lottery will not endorse any option available to the prize winner, nor will it provide legal or financial advice to the prize winners with regard to the options available. The lottery may recommend in its notices that prize winners consult with legal and financial professionals." The Lottery also decided not to adopt the proposed language in rule 6.1(17A) and will return to the language of its current rule. The Lottery will adopt less formal procedures for ticket disputes and vendor appeals at a later date.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapter 99E.

These amendments will become effective on July 1, 1999.

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, 2, 6, 7, 13, 14] is being omitted. With the exception of the changes noted above, these amendments are identical to those published under Notice as ARC 8856A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9032A

Pursuant to the authority of Iowa Code section 8.6(8), the Department of Management hereby rescinds Chapter 6, "Declaratory Rulings," and adopts a new Chapter 6, "Declaratory Orders," and amends Chapter 7, "Agency Procedure for Rule Making," Iowa Administrative Code.

The amendments bring the Department's rules on administrative rule making and declaratory orders into conformance with 1998 Iowa Acts, chapter 1202, which amended the Iowa Administrative Procedure Act.

The Department's amendments to its rules are based on the amendments to the Uniform Rules on Agency Procedure drafted by a task force from the Attorney General's Office and published in the first volume of the Iowa Administrative Code and the Iowa Administrative Bulletin on February 24, 1999.

The adopted amendments are identical to those published under Notice of Intended Action in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8821A. No comments were received on the amendments.

These amendments will become effective July 1, 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.

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 6, 7] is being omitted. These amendments are identical to those published under Notice as ARC 8821A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9026A

Pursuant to the authority of Iowa Code section 147.76, the Board of Medical Examiners hereby adopts Chapter 2, "Impaired Physician Review Committee," amends Chapter 10, "Medical Examiners," rescinds Chapter 12, "Discipline," and adopts Chapter 12, "Mandatory Reporting and Grounds for Discipline," and adopts Chapter 16, "Student Loan Default or Noncompliance," Iowa Administrative Code.

These amendments implement 1998 Iowa Acts, chapter 1202, which amends Iowa Code chapter 17A, the Iowa Administrative Procedure Act, and Iowa Code chapters 147, 148, 261, and 272C.

Notice of Intended Action was published in the March 24, 1999, Iowa Administrative Bulletin as ARC 8857A.

Changes from the Notice are as follows:

In paragraph 12.6(6)"d," the following language was added to the second sentence: "on the grounds that:

(1) Board members have personally investigated the case, and

(2) Board members have combined investigative and adjudicative functions.".

In paragraph 12.18(2)"c," the following language was deleted: "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.".

In paragraph 12.21(3)"k," the language "attached to the subpoena" was added.

In subrule 12.23(1), the following language was deleted: "Written notice of the prehearing conference shall be given by the executive director to all parties. For good cause the executive director may permit variances from this rule.".

Rule 12.32(17A) was changed substantially and now reads as follows:

653--12.32(17A) Decisions.

12.32(1) Final decisions. When a quorum of the board presides over the reception of the evidence at the hearing, its decision is a final decision.

12.32(2) Proposed decisions.

a. When a panel of three specialists presides over the hearing, the panel shall issue a proposed decision which shall include proposed findings of fact but shall not include conclusions of law. A proposed decision of a hearing panel of specialists, together with a transcript of the proceedings and the exhibits presented, shall be reviewed by the board within 30 days of the date the proposed decision was issued. The parties shall have the opportunity to submit briefs and argument to the board. The decision of the board is a final decision.

b. When a panel of three board members presides over the hearing, the panel shall issue a proposed decision which shall include proposed findings of fact, conclusions of law, and order. A proposed decision, together with a transcript of the proceedings and the exhibits presented, shall be reviewed by the board within 30 days of the date the proposed decision was issued. A proposed decision of a board hearing panel becomes a final decision without further proceedings unless appealed in accordance with the following provisions.

(1) The board may review a proposed decision on its own motion by serving a notice of appeal on the parties within 30 days after issuance of the proposed decision.

(2) A proposed decision may be appealed to the board by either party by serving on the executive director, either in person or by certified mail, a notice of appeal within 30 days after service of the proposed decision on the appealing party.

(3) Following receipt of a notice of appeal the board shall enter an order establishing a schedule for submission of briefs and oral argument. The parties shall serve their briefs on the board and shall furnish an additional copy to each party by first-class mail.

(4) Oral argument shall be heard by the board unless waived by both parties. The time granted each party for oral argument shall be established by the board.

(5) The record on appeal shall be the entire record made before the hearing panel or administrative law judge.

c. At no time prior to the release of the final decision by the board shall a proposed decision be made public or distributed to any person other than the parties.

d. Requests to present additional evidence. A party may request the taking of additional evidence after the issuance of a proposed decision only by establishing that:

(1) The evidence is material; and

(2) The evidence arose after the completion of the original hearing; or

(3) Good cause exists for failure to present the evidence at the original hearing; and

(4) The party has not waived the right to present additional 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 may remand a case to the hearing panel for further hearing or may itself preside at the taking of additional evidence.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapters 147, 148, 261 and 272C.

These amendments will become effective on July 1, 1999.

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 2, 10, 12, 16] is being omitted. With the exception of the changes noted above, these amendments are identical to those published under Notice as ARC 8857A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9001A

Pursuant to the authority of Iowa Code sections 17A.3, 147.76 and 272C.3, the Board of Nursing hereby adopts an amendment to Chapter 3, "Licensure to Practice Registered Nurse/Licensed Practical Nurse," Iowa Administrative Code.

This amendment brings Iowa requirements for foreign-educated nurses into conformity with the new English proficiency requirements set forth by the Commission on Graduates of Foreign Nursing Schools.

This amendment was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8803A. This amendment is identical to that published under Notice of Intended Action.

This amendment will become effective June 23, 1999.

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

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of this amendment [3.4(6)] is being omitted. This amendment is identical to that published under Notice as ARC 8803A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9002A

Pursuant to the authority of Iowa Code sections 17A.3, 147.76 and 272C.3, the Board of Nursing hereby rescinds Chapter 4, "Disciplinary Proceedings," and adopts a new Chapter 4, "Discipline," Iowa Administrative Code.

This chapter reflects changes that comply with amendments to the Iowa Administrative Procedure Act in 1998 Iowa Acts, chapter 1202, which will become effective on July 1, 1999.

These rules were published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8804A. These rules are identical to those published under Notice of Intended Action.

These rules will become effective July 1, 1999.

These rules are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code sections 147.55, 152.10, 272C.4, 272C.5, 272C.6 and 272C.9.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Ch 4] is being omitted. These rules are identical to those published under Notice as ARC 8804A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9003A

Pursuant to the authority of Iowa Code section 147.76, the Board of Nursing hereby adopts an amendment to Chapter 5, "Continuing Education," Iowa Administrative Code.

This amendment deletes from 5.3(2)"a" the following sentence: "A nonsectarian approach shall be utilized." The amendment is nonsubstantive and corrective in nature. There are six identified areas of subject matter criteria for programs to qualify for nursing continuing education and having this qualifier is unnecessary.

This amendment was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8805A. This amendment is identical to that published under Notice of Intended Action.

This amendment will become effective June 23, 1999.

This amendment is intended to implement Iowa Code section 272C.2.

The following amendment is adopted.

Amend subrule 5.3(2), paragraph "a," introductory paragraph, to read as follows:

a. Criteria related to appropriate subject matter. Appropriate subject matter for continuing education credits reflects the educational needs of the nurse learner and the health needs of the consumer. Subject matter is limited to offerings that are scientifically founded and predominantly for professional growth. A nonsectarian approach shall be utilized. The following areas are deemed appropriate subject matter for continuing education credit:

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/19/99.

ARC 9004A

Pursuant to the authority of Iowa Code sections 17A.3, 147.76 and 272C.3, the Board of Nursing hereby rescinds Chapter 8, "Petitions for Rule Making," Chapter 9, "Declaratory Rulings," and Chapter 10, "Rule Making," and adopts Chapter 8, "Petitions for Rule Making," Chapter 9, "Declaratory Orders," Chapter 10, "Agency Procedure for Rule Making," and Chapter 14, "Fair Information Practices," Iowa Administrative Code.

The rules reflect changes necessary to comply with amendments to the Iowa Administrative Procedure Act in 1998 Iowa Acts, chapter 1202, which will become effective on July 1, 1999. Amendments are set out as changes to the Uniform Rules on Agency Procedure.

These amendments were published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8806A. These amendments are identical to those published under Notice of Intended Action.

These amendments will become effective July 1, 1999.

These rules are intended to implement Iowa Code sections 17A.3, 17A.4, 17A.5, 17A.7, 17A.9, 17A.12 and 17A.15 as amended by 1998 Iowa Acts, chapter 1202.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Chs 8, 9, 10, 14] is being omitted. These rules are identical to those published under Notice as ARC 8806A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9012A

Pursuant to the authority of Iowa Code section 97B.15, the Department of Personnel hereby amends Chapter 21, "Iowa Public Employees' Retirement System," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin on December 16, 1998, as ARC 8562A. No public comment was received on the proposed amendments. In addition, the proposed amendments were simultaneously Adopted and Filed Emergency as ARC 8563A. These amendments are identical to those published under Notice of Intended Action.

Chapter 21 is amended to comply with Iowa Code chapter 97B as amended by 1998 Iowa Acts, chapter 1183.

These amendments shall become effective June 23, 1999, at which time the Adopted and Filed Emergency amendments are hereby rescinded.

These amendments are intended to implement Iowa Code chapter 97B.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these amendments [Ch 21] is being omitted. These amend-

ments are identical to those published under Notice as ARC 8562A, and Adopted and Filed Emergency as ARC 8563A, IAB 12/16/98.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 8971A

Pursuant to the authority of Iowa Code sections 17A.3, 147.76, 272C.3, 272C.4, and 272C.10, the Board of Pharmacy Examiners hereby amends Chapter 1, "Purpose and Organization," Chapter 4, "Pharmacist-Intern Registration and Minimum Standards for Evaluating Practical Experience," Chapter 17, "Wholesale Drug Licenses," and Chapter 19, "Nonresident Pharmacy Licenses," and adopts Chapter 36, "Discipline," Iowa Administrative Code.

The new Chapter 36 rules establish procedures and requirements specific to Board disciplinary actions against pharmacist, pharmacy, and drug wholesaler licenses, against pharmacy technician and pharmacist-intern registrations, and against precursor substances permits. The rules include procedures and requirements for investigation of complaints and allegations of violation of rules or laws; for the establishment of peer review committees; for administrative hearings, informal settlements, and informal conferences; and for reinstatement of previously disciplined licenses, registrations, and permits. The rules identify the Board's authority to take disciplinary action, identify grounds for disciplinary action, and identify disciplinary sanctions which may be imposed as a result of the Board's finding that alleged violations are fact.

The amendments in Chapters 1, 4, 17, and 19 change references within those chapters due to the new Chapter 36 rules.

Notice of Intended Action was published in the March 10, 1999, Iowa Administrative Bulletin as ARC 8777A. The adopted amendments are identical to those published under Notice.

The amendments were approved during the April 14, 1999, meeting of the Board of Pharmacy Examiners.

These amendments will become effective on June 23, 1999.

These amendments are intended to implement Iowa Code sections 17A.10 to 17A.23 as amended by 1998 Iowa Acts, chapter 1202; 124.301, 124.304, 124B.12, 126.16 to 126.18, 155A.6, 155A.12, 155A.13, 155A.13A, 155A.15 to 155A.18, 155A.25, 205.11, 272C.3 to 272C.6, 272C.9, and 272C.10.

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 [1.2, 4.1, 17.16, 19.3, Ch 36] is being

omitted. These amendments are identical to those published under Notice as ARC 8777A, IAB 3/10/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 8970A

Pursuant to the authority of Iowa Code sections 17A.10, 17A.22, 124.301, 147.76, and 272C.3, the Board of Pharmacy Examiners hereby amends Chapter 1, "Purpose and Organization," Iowa Administrative Code.

The amendment identifies the procedures to be used in applying for waiver or variance from Board rules under defined circumstances.

Notice of Intended Action was published in the October 21, 1998, Iowa Administrative Bulletin as ARC 8411A. Pursuant to a request for public hearing and to provide notice of such hearing, an Amended Notice of Intended Action was published in the March 10, 1999, Iowa Administrative Bulletin as ARC 8770A. The Board considered comments from the Pharmaceutical Research and Manufacturers of America (PhRMA) and determined that amending the proposed rule pursuant to those comments was not necessary because the proposed rule prohibits waivers or variance from requirements imposed by statute or inconsistent with state and federal statutes. The adopted rule is identical to that published under Notice.

The amendment was approved during the April 14, 1999, meeting of the Board of Pharmacy Examiners.

This amendment will become effective on June 23, 1999.

This amendment is intended to implement Iowa Code sections 17A.22, 124.301, 126.17, 147.76, 155A.2, 205.11, 205.13, 272C.3, and 272C.4.

The following amendment is adopted.

Adopt new rule 657--1.3(17A,124,126,147,155A,205, 272C) as follows:

657--1.3(17A,124,126,147,155A,205,272C) Waivers or variances from rules.

1.3(1) Applicability. This rule governs waivers or variances from board rules in the following circumstances: The board has exclusive rule-making authority to promulgate the rule from which the waiver or variance is requested or has final decision-making authority over a contested case in which the waiver or variance is requested; and no statute or rule otherwise controls the grant of a waiver or variance from the rule from which the waiver or variance is requested.

a. The board may grant a waiver of, or variance from, all or part of a rule.

b. No waiver or variance may be granted from a requirement which is imposed by statute. Any waiver or variance must be consistent with state and federal statutes.

1.3(2) Criteria. A waiver or variance under this rule may be granted only upon showing that:

a. Substantially equal protection of health, safety, and welfare will be afforded by a means other than that prescribed in the particular rule for which the variance or waiver is requested;

b. Because of special circumstances, either the requester is unable to comply with the particular rule without undue hardship or compliance with the particular rule would be unnecessarily and unreasonably costly and would serve no public benefit; and

c. Provision of a waiver or variance under the circumstances would not adversely impact an overall goal of uniform treatment of all licensees.

1.3(3) Request. A request for a waiver or variance shall be submitted in writing to the board as follows:

a. License, registration, or permit application. If the request relates to an application for, or limitation on, a license, registration, or permit, the request shall be made in accordance with the filing requirements for the license, registration, or permit in question.

b. Contested case. If the request relates to a pending contested case, the request shall be filed in the contested case proceeding.

c. Other. If the request does not relate to a particular license, registration, or permit and is not related to a pending contested case, the request may be submitted to the executive secretary/director of the board.

1.3(4) Elements. A request for waiver or variance shall include the following information where applicable:

a. The name, address, and telephone number of the person requesting the waiver or variance and the person's representative, if any.

b. The specific rule or portion of a rule from which a waiver or variance is requested.

c. The nature of the waiver or variance requested, including any alternative means or other condition or modification proposed to achieve the purpose of the rule.

d. An explanation of the reason for the waiver or variance, including all material facts relevant to grant the waiver or variance in question.

e. Any necessary releases of information authorizing persons with knowledge to disclose relevant information to the board.

1.3(5) Ruling. The board shall respond in writing to all requests. The ruling shall include the reason for granting or denying the request and, if approved, the time period during which the waiver or variance is effective. The board may condition the grant of waiver or variance on such reasonable conditions as are appropriate to achieve the objectives of the particular rule in question through alternative means.

1.3(6) Public availability. All final rulings in response to requests for waivers or variances shall be indexed and available to members of the public at the board office.

1.3(7) Voiding or cancellation. A waiver or variance is void if the material facts upon which the request is based are not true or if material facts have been withheld. The board may at any time cancel a waiver or variance upon appropriate notice and hearing if the board finds that the facts as stated in the request are not true, material facts have been withheld, the alternative means of compliance provided in the waiver or variance have failed to achieve the objectives of the statute, or the requester has failed to comply with conditions set forth in the waiver or variance approval.

1.3(8) Violations. Violation of conditions in the waiver or variance approval is the equivalent of violation of the particular rule for which the waiver or variance is granted and is subject to the same remedies or penalties.

1.3(9) Appeals. Any request for an appeal from a decision granting or denying a waiver or variance shall be in accordance with the procedures provided in Iowa Code chapter 17A. An appeal shall be taken within 30 days of the issuance of the ruling in response to the request unless a contrary time is provided by rule or statute.

This rule is intended to implement Iowa Code sections 17A.22, 124.301, 126.17, 147.76, 155A.2, 205.11, 205.13, 272C.3, and 272C.4.

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/19/99.

ARC 8972A

Pursuant to the authority of Iowa Code sections 124.301, 126.17, 147.76, and 155A.13, the Board of Pharmacy Examiners hereby amends Chapter 6, "General Pharmacy Licenses," Iowa Administrative Code.

The amendment prohibits the return to the pharmacy of any previously dispensed controlled substances prescription medications, unless dispensed to the same patient, in conformance with such prohibition under federal law and changes a cross-reference to a subrule which is being moved from Chapter 8 to new Chapter 23.

Notice of Intended Action was published in the March 10, 1999, Iowa Administrative Bulletin as ARC 8778A. The adopted rule differs from that published under Notice with the addition of language clarifying that controlled substances may be returned by a patient if those same substances are to be redispensed to that same patient.

The amendment was approved during the April 14, 1999, meeting of the Board of Pharmacy Examiners.

This amendment will become effective on June 23, 1999.

This rule is intended to implement Iowa Code sections 124.301, 126.10, and 155A.13.

The following amendment is adopted.

Amend rule 657--6.9(126) as follows:

657--6.9(126) Return of drugs and appliances. For the protection of the public health and safety, prescription drugs shall not be returned, exchanged, or resold unless, in the professional judgment of the pharmacist, the integrity of the prescription drug has not in any way been compromised. Under no circumstances shall a pharmacist accept from a patient or patient's agent any controlled substances for return, exchange, or resale except to the same patient. Prescription drugs, excluding controlled substances, may, however, be returned and reused as authorized in 657--subrule 8.9(6) 23.12(5). No items of personal contact nature which have been removed from the original package or container after sale shall be accepted for return, exchanged, or resold by any pharmacist.

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/19/99.

ARC 8975A

Pursuant to the authority of Iowa Code sections 124.301, 147.76, and 155A.13, the Board of Pharmacy Examiners hereby amends Chapter 7, "Hospital Pharmacy Licenses," Iowa Administrative Code.

New rule 657--7.11(126,155A) adds requirements for dispensing of prescription medications in a hospital setting using a unit dose dispensing system. Including this rule with other rules for practices specific to hospital pharmacies will make it easier for pharmacists to locate and maintain compliance with the requirements of the rule.

Notice of Intended Action was published in the March 10, 1999, Iowa Administrative Bulletin as ARC 8779A. The adopted rule is identical to that published under Notice.

This rule was approved during the April 14, 1999, meeting of the Board of Pharmacy Examiners.

This rule will become effective on June 23, 1999.

This rule is intended to implement Iowa Code sections 124.301, 126.10, 155A.13, and 155A.28.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of this rule [7.11] is being omitted. This rule is identical to the one published under Notice as ARC 8779A, IAB 3/10/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 8973A

Pursuant to the authority of Iowa Code sections 124.301, 147.76, and 155A.13, the Board of Pharmacy Examiners hereby amends Chapter 8, "Minimum Standards for the Practice of Pharmacy," and Chapter 15, "Correctional Facility Pharmacy Licenses," and adopts Chapter 23, "Long-Term Care Pharmacies," Iowa Administrative Code.

New Chapter 23 includes definitions applicable to the specific type of pharmacy practice, and the requirements and responsibilities of the pharmacy providing medication services to patients residing in long-term care facilities, and circumstances and situations which are unique to pharmacies and pharmacists engaged in this type of practice. The amendments remove from Chapter 8 the procedures and requirements of a unit dose dispensing system and places that rule in Chapter 23. Other amendments change references due to reorganization of rules and delete a provision which is no longer valid.

Notice of Intended Action was published in the March 10, 1999, Iowa Administrative Bulletin as ARC 8780A. The adopted amendments differ from those published under Notice by identifying how the compatibility of a pharmacy's medication delivery system may be determined and by clarifying language prohibiting the return for reuse of controlled substances except when dispensed to the same patient.

The amendments were approved during the April 14, 1999, meeting of the Board of Pharmacy Examiners.

These amendments will become effective on June 23, 1999.

These amendments are intended to implement Iowa Code sections 124.301, 124.306, 124.308, 126.10, 155A.2, 155A.13, 155A.13A, 155A.15, 155A.21, 155A.27, 155A.28, 155A.33, 155A.35, and 155A.36.

The following amendments are adopted.

ITEM 1. Rescind and reserve rule 657--8.9(155A,126).

ITEM 2. Amend subrule 8.13(4) as follows:

8.13(4) Expiration dating (beyond-use dating). Expiration dating for nonsterile drugs repackaged by the pharmacy into patient med paks shall meet the following conditions: not exceed 90 days from the date of repackaging except as provided in board 657--subrule 8.9(5), paragraph "c." 23.12(4), paragraph "c."

ITEM 3. Rescind subrule 8.13(5), paragraph "e."

ITEM 4. Amend subrule 8.14(2) as follows:

8.14(2) The requirements of subrule 8.14(1) do not apply to unit dose dispensing systems, rule 8.9(155A,126) 657-- 23.12(124,126,155A); sterile products, rule 8.30(126, 155A); and patient med paks, rule 8.13(155A,126).

ITEM 5. Amend subrule 8.32(6) as follows:

8.32(6) Labeling--interior. All drugs contained in the emergency/first dose drug supply shall be labeled in accordance with subrule 8.3(2) or 8.9(3) 657--subrule 23.12(3), as appropriate.

ITEM 6. Amend subrule 15.8(1) as follows:

15.8(1) Drugs dispensed in a unit dose dispensing system for subsequent administration by nurses or other qualified individuals shall be packaged and labeled in compliance with the provisions of rule 657--8.9(124,155A) 657--23.12(124, 126,155A).

ITEM 7. Adopt the following new chapter:

657--23.1(155A) Definitions. For purposes of this chapter, the following definitions shall apply:

"Consultant pharmacist" in a long-term care facility means a pharmacist licensed to engage in the practice of pharmacy in this state who is responsible for developing, coordinating, and supervising pharmaceutical services in a long-term care facility on a regularly scheduled basis. A consultant pharmacist:

1. Reviews the distribution and storage of medications and assists facilities in establishing the policies and procedures for the distribution and storage of medications and makes appropriate recommendations to the facility and the provider pharmacist;

2. Monitors the therapeutic response and utilization of all medications prescribed for the resident. The following shall be used as minimum guidelines supplementing the pharmacist's professional expertise:

* Regulations and interpretive guidelines of the Health Care Financing Administration, if applicable;

* Rules of the Iowa department of inspections and appeals; and

* Other state rules and regulations;

3. Serves as a resource for pharmacy-related education services within the facility;

4. Participates in quality management of resident care in the facility;

5. Communicates with the provider pharmacist regarding areas of mutual concern and resolution thereof.

"Long-term care facility" or "facility" means:

1. A facility licensed by the Iowa department of inspections and appeals under Iowa Code chapter 135C or Iowa Code chapter 135H;

2. A hospital-based long-term care unit certified under 42 CFR, Part 483, Subpart B; or

3. A freestanding inpatient hospice certified under 42 CFR, Part 418.

"Long-term care pharmacy" or "provider pharmacy" means a hospital pharmacy, a general pharmacy, a limited use pharmacy, or a nonresident pharmacy in which medications, chemicals, or poisons are prepared, compounded, dispensed, vended, distributed, or sold on a regular and recurring basis to or for the use of residents of a long-term care facility and from which related pharmacy services are delivered.

"Medication order," as used in these rules, means a written order from a practitioner or an oral order from a practitioner or the practitioner's authorized agent for administration of a drug or device. For purposes of this chapter, "medication order" includes a prescription.

"Patient med pak" means a customized patient medication package prepared in accordance with rule 657-- 8.13(155A,126) for a specific resident which comprises a series of immediate containers containing two or more prescribed solid oral dosage forms, each container being labeled with the time or the appropriate period for the patient to take its contents. Use of patient med paks is permitted only when the prescriber's orders specifically indicate that the resident is capable of self-administering the medications contained therein.

"Provider pharmacist" means a pharmacist licensed to engage in the practice of pharmacy, who is employed by or contracted to a long-term care pharmacy or a provider pharmacy and who is responsible for supervising the accurate dispensing and proper delivery of medications to a long-term care facility located within this state. These services shall include, at a minimum, proper medication labeling, storage, transport, record keeping, and prospective drug utilization review in compliance with all federal, state, and local laws and regulations.

"Single unit package" means a package which contains one discrete pharmaceutical dosage form.

"Unit dose dispensing system" means those medication distribution systems determined by the board to be pharmacy based and which involve single unit, unit dose, or unit of issue packaging in a manner which helps reduce or remove traditional medication stocks from resident care areas and enables the selection and distribution of medications to be pharmacy based and controlled.

"Unit dose package" means a package which contains that particular dose of a medication ordered for the patient for one administration time. A unit dose package is not always a single unit package.

"Unit of issue package" means a package which provides multiple units or doses attached to each other but separated in a card or specifically designed container.

657--23.2(124,155A) Applicability of rules. Nothing in these rules shall be deemed to constitute a waiver or abrogation of any of the provisions of board rules or other applicable provisions of state and federal laws and rules, nor should these rules be construed as authorizing or permitting any person not licensed as a pharmacist to engage in the practice of pharmacy.

657--23.3(124,155A) Freedom of choice. Pursuant to 657--subrule 8.5(6), no pharmacist shall participate in any agreement or plan which infringes on any resident's right to freedom of choice as to the provider of pharmacy services. A resident in a long-term care facility shall have a choice of long-term care pharmacy so long as the pharmacy's medication delivery system provides for the timely delivery of medications compatible with the established system currently used by the facility. Determination of compatibility may consider medication administration, accessibility, and payment system.

657--23.4(124,155A) Pharmacy responsibilities. The long-term care pharmacy shall be responsible for:

1. Providing medications pursuant to a medication order for an individual resident, properly labeled for that resident, as addressed in rule 657--23.12(124,126,155A) or 657-- 23.13(124,155A).

2. Providing medications for the long-term care resident, dispensed in a form consistent with the medication distribution system described in the facility's policies and procedures.

3. Affixing labels to each container of medication for residents in long-term care facilities, in compliance with rule 657--23.12(124,126,155A) or 657--23.13(124,155A).

4. Maintaining records of all transactions of the long-term care pharmacy as may be required by law and maintaining accurate control over and accountability for all medications and prescription devices.

5. Developing a medication recall procedure that protects the health and safety of the resident including immediate discontinuation of any recalled medication and subsequent notification of the prescriber and director of nursing of the facility.

6. Providing a 24-hour emergency service procedure either directly or by contract with another pharmacy.

7. Reviewing patient profiles to ensure the appropriateness of therapy for that resident and the compatibility of the medication and dosage for that patient when processing new medication orders.

8. Providing sufficient and accurate information to facility staff regarding the appropriate administration and use of all dispensed medications.

9. Communicating with the consultant pharmacist and the facility regarding concerns and resolution thereof.

657--23.5(124,155A) Emergency medications. A supply of emergency medications may be provided by one long-term care pharmacy to the facility pursuant to rule 657--8.32(124, 155A).

23.5(1) Emergency medication order--pharmacist review. When an emergency medication is provided pursuant to rule 657--8.32(124,155A), the medication order shall be reviewed by the patient's dispensing pharmacist prior to the administration of a second dose.

23.5(2) Facilities in which licensed personnel administer medications. In addition to an emergency box or stat medication box, a long-term care facility staffed by one or more persons licensed to administer medications may maintain a stock of intravenous fluids, irrigation fluids, heparin flush kits, medicinal gases, sterile water and saline, and prescription devices. Such stock shall be limited to a listing to be determined by the provider pharmacist in consultation with the consultant pharmacist and the medical director and director of nursing of the facility.

657--23.6(124,155A) Minimum requirements of a long-term care pharmacy. Each pharmacy serving a long-term care facility shall have adequate space, equipment, and supplies for the professional and administrative functions of the pharmacy.

23.6(1) Prescription department equipment. The pharmacy shall have, as a minimum, the following:

a. Measuring devices such as syringes or graduates capable of measuring 1 ml to 250 ml;

b. Suitable refrigeration unit. The temperature of the refrigerator shall be maintained within a range compatible with the proper storage of medications requiring refrigeration;

c. Other equipment as necessary for the particular practice of pharmacy.

23.6(2) Clean and orderly. The pharmacy shall be arranged in an orderly fashion and kept clean. All required equipment shall be in good operating condition and maintained in a sanitary manner.

23.6(3) Reference library. References may be printed or computer accessed. The pharmacy shall maintain a reference library which includes, as a minimum, one reference from each of the following:

a. Current Iowa pharmacy laws, rules, and regulations.

b. A patient information reference, updated at least annually, such as:

(1) United States Pharmacopeia Dispensing Information, Volume II (Advice to the Patient);

(2) Facts and Comparisons Patient Drug Facts; or

(3) Leaflets which provide patient information in compliance with rule 657--8.20(155A).

c. A current reference on medication interactions, such as:

(1) Phillip D. Hansten's Drug Interactions; or

(2) Facts and Comparisons Drug Interactions.

d. A general information reference, updated at least annually, such as:

(1) Facts and Comparisons with current supplements;

(2) United States Pharmacopeia Dispensing Information, Volume I (Drug Information for the Healthcare Provider); or

(3) American Hospital Formulary Service with current supplements.

e. A current drug equivalency reference, including supplements, such as:

(1) Approved Drugs Products With Therapeutic Equivalence Evaluations (FDA Orange Book);

(2) ABC - Approved Bioequivalency Codes; or

(3) USP DI, Volume III.

f. Basic antidote information or the telephone number of a poison control center.

g. Additional references as may be necessary for the pharmacist to adequately meet the needs of the patients served.

23.6(4) Sink. The pharmacy shall have a sink with hot and cold running water within the prescription department, available to all pharmacy personnel, and maintained in a sanitary condition.

23.6(5) Lighting and ventilation. The pharmacy shall be properly lighted and ventilated.

23.6(6) Temperature. The temperature of the pharmacy shall be maintained within a range compatible with the proper storage of medications.

657--23.7(124,155A) Policies and procedures. Policies and procedures shall be formulated to cover the provider pharmacy's packaging and dispensing responsibilities to the residents of the long-term care facility. The policies and procedures shall be maintained at the provider pharmacy and shall be available to the facility and the consultant pharmacist. Policies and procedures shall include, at a minimum:

1. Methods used to dispense and deliver medications to the facility in a timely fashion;

2. Proper notification to the facility when a medication is not readily available;

3. Proper labeling requirements to meet the needs of the facility which are consistent with state and federal laws and regulations;

4. Appropriate medication destruction or return of unused medication, or both, which is consistent with state and federal laws and regulations.

657--23.8(124,155A) Training and utilization of pharmacy technicians. Long-term care pharmacies utilizing pharmacy technicians shall develop, implement, and periodically review written policies and procedures for the training and utilization of pharmacy technicians. Pharmacy policies shall specify the frequency of review. Technician training shall be documented and maintained by the pharmacy for the duration of employment. Policies and procedures and documentation of technician training shall be available for inspection by the board or an agent of the board.

23.8(1) Functions authorized. Pursuant to the requirements of 657--Chapter 22, properly trained pharmacy technicians may transcribe a prescriber's medication orders to a patient profile, fill the medication orders, and perform other such duties related to a medication distribution system, including any of the functions identified in 657-- 22.14(155A), provided these duties are performed under the supervision of a pharmacist or as authorized in 657-- 6.6(155A).

23.8(2) Pharmacist responsible. The ultimate responsibility for the actions of a pharmacy technician working under a supervising pharmacist shall remain with the supervising pharmacist.

657--23.9(124,155A) Medication orders. Medications may be dispensed only upon orders of an authorized prescriber.

23.9(1) Requirements. New orders transmitted to the pharmacy for medications for residents of the facility shall, at a minimum, contain resident name, medication name and strength, directions for use, date of order, and name of prescriber. Orders for Schedule II controlled substances shall comply with the requirements of 657--23.17(124,155A).

23.9(2) Abbreviations. Orders employing abbreviations or chemical symbols shall be only those which are customarily used in the practice of medicine and pharmacy or those on a list of approved abbreviations developed by the appropriate committee or representative of the facility.

23.9(3) Who may transmit medication orders. Any person who is employed by a long-term care facility and who is authorized by the facility's policies and procedures may transmit to the long-term care pharmacy a medication order lawfully ordered by a practitioner authorized to prescribe medications and devices.

657--23.10(124,155A) Stop orders. The consultant pharmacist, in consultation with the provider pharmacist, the medical director, and the appropriate committee or representative of the facility, shall develop and implement an automatic stop order policy.

657--23.11(124,155A) Medications dispensed to residents in a care facility--general requirements.

23.11(1) Labeling. All prescription containers, other than those dispensed pursuant to rule 657--23.12(124,126,155A) or 657--23.13(124,155A), shall be properly labeled in accordance with 657--subrule 8.14(1).

a. If a label change is required to reflect a change in directions, the pharmacy shall be responsible for affixing the correct label to the container. Long-term care facility personnel shall not be authorized to affix such a label to the medication container.

b. Direction change labels that notify long-term care facility personnel that a change in directions for the medication has taken place may be used and affixed to the container by facility personnel so as not to deface the original label.

23.11(2) Medication order required. Dispensing of all medications to the facility shall be pursuant to a medication order for an individual resident.

23.11(3) Prescription containers. All prescription containers, including, but not limited to, single unit, unit dose, and unit of issue containers utilized for distribution within a long-term care facility, shall meet minimum requirements as established by the United States Pharmacopoeia. Where applicable, light-resistant packaging shall be used.

23.11(4) Floor stock. Prescription drugs, as defined by Iowa Code section 155A.3(30), shall not be floor stocked in a long-term care facility except as provided in this subrule or in subrule 23.5(2). Bulk supplies of nonprescription medications may be maintained as provided in subrule 23.13(5). Any pharmacy which utilizes a floor stock distribution system pursuant to this subrule shall develop and implement procedures to accurately establish proof of use of prescription medications and shall maintain a perpetual inventory, whether by electronic or manual means, of all prescription medications so dispensed. A floor stock distribution system for prescription drugs may be permitted in either of the following circumstances:

a. A licensed pharmacy under the direct supervision and control of a pharmacist is established in the facility, or

b. The facility and the hospital wherein the licensed pharmacy is located are both licensed under Iowa Code chapter 135B with a single hospital license.

23.11(5) Emergency medications. An emergency/first dose drug supply may be maintained in a long-term care facility as provided in 657--23.5(124,155A). No consultant pharmacist or provider pharmacist shall utilize a floor stock distribution system for prescription medications except as provided in subrule 23.11(4) or subrule 23.5(2). Bulk supplies of nonprescription medications may be maintained as provided in subrule 23.13(5).

657--23.12(124,126,155A) Unit dose dispensing systems. All medications dispensed to individual residents, other than those dispensed pursuant to 657--subrule 8.14(1), shall be dispensed in compliance with the requirements of this rule or 657--23.13(124,155A).

23.12(1) Packaging requirements. Packaging for all nonsterile drugs stored and dispensed in single unit, unit dose, or unit of issue packages shall:

a. Preserve and protect the identity and integrity of the drug from the point of packaging to the point of patient administration.

b. When packaged by the manufacturer or distributor, be in accordance with federal Food and Drug Administration (FDA) requirements.

c. When in single unit and unit dose packages prepackaged by the pharmacy for use beyond 24 hours, be in accordance with 657--subrule 8.3(1).

d. When in containers used for packaging, be clean and free of extraneous matter when the dosage unit(s) is placed into the package.

23.12(2) Labeling requirements.

a. Labeling for single unit or unit dose packaging shall comply with the following:

(1) Doses packaged by the manufacturer or distributor shall be properly labeled according to federal Food and Drug Administration (FDA) requirements.

(2) Doses packaged by the pharmacy shall be properly labeled according to 657--subrule 8.3(2) if used beyond a 24-hour period.

b. Labeling for unit of issue packages shall contain the following information:

(1) Name, strength, and expiration date of drug when the packages are utilized for floor stock in an institutional setting.

(2) Name and room or bed number of patient, the name of prescribing practitioner, the name and strength of drug, directions for use, and name and address of the dispensing pharmacy, when the packages are utilized for patients in an institutional setting. Room or bed number, the name of prescribing practitioner, and the name and address of the dispensing pharmacy are not required if this information appears on a medication administration record used by the institution.

(3) Unit of issue packages dispensed to patients on an outpatient basis or in a noninstitutional setting shall be considered prescription containers and shall be labeled in accordance with 657--subrule 8.14(1).

c. If a pharmacist selects a generically equivalent drug product for a brand name drug product prescribed by a practitioner, the label must identify the generic drug and may identify the brand name drug for which the selection is made. The dual identification allowed under this paragraph must take the form of the following statement on the label: "(generic name) Generic for (brand name product)".

23.12(3) General procedures. The following will apply when a unit dose dispensing system is employed:

a. The pharmacist shall be responsible for determining the classification for containers set by USP Standard 671 used by the pharmacy to repackage nonsterile drugs into single unit, unit dose, or unit of issue packaging. This classification shall be used to determine maximal expiration dating for repackaging set forth in subrule 23.12(4).

b. Established written policies and procedures shall be available in the pharmacy for inspection by the board or its agents which:

(1) Specify the categories of drugs or drug dosage forms which will or will not be dispensed under the particular unit dispensing system employed.

(2) Specify the pharmacy's recall policy for drugs returned upon a particular manufacturer's or FDA recall.

c. Those drugs not dispensed under a unit dose dispensing system shall be dispensed in accordance with the packaging requirements of the federal Food and Drug Administration (FDA) and labeling requirements of 657--subrule 8.14(1).

23.12(4) Expiration dating. Expiration dating for nonsterile drugs repackaged by the pharmacy into single unit, unit dose, or unit of issue packages shall meet the following conditions:

a. Not exceed 90 days from the date of repackaging except as provided in paragraph 23.12(4)"c."

b. Not exceed the manufacturer's original expiration date.

c. May exceed 90 days from the date of repackaging provided that each of the following conditions is met:

(1) The container is classified according to USP Standard 671 as being Class A or Class B for oral solid dosage forms or is a tight container for liquid dosage forms.

(2) The container is light-resistant when the manufacturer has labeled the product "sensitive to light."

(3) The expiration date is not greater than 12 months.

d. Drugs or dosage forms having known stability problems are assigned an expiration date of less than 90 days or are not repackaged as determined by policies developed by the pharmacy.

23.12(5) Return of drugs. Under no circumstances shall a pharmacist accept for reuse, except to the same patient, any previously dispensed controlled substances. Drugs, excluding controlled substances, dispensed in single unit, unit dose, or unit of issue packaging in compliance with 657--subrules 23.12(1) to 23.12(4) may be returned to the pharmacy stock and reissued provided that:

a. The expiration dating information is retrievable and identifiable.

b. Drugs returned from unit of issue packaging are kept separate according to manufacturer's lot number and the pharmacy's repackaged expiration date unless the pharmacy's recall policy states that all lots of a drug will be returned upon recall. In this instance, drugs returned to stock shall be kept separate according to the pharmacy's repackaged expiration date as determined in 657--subrule 23.12(4).

c. The drugs were stored under proper storage conditions.

d. The drugs are returned to the pharmacy in the original packaging as when dispensed.

e. The pharmacy includes in written policies and procedures the manner in which returned medications will be recorded or identified.

657--23.13(124,155A) Labeling medications under special circumstances.

23.13(1) Insulin, ophthalmics, and otic preparations. These medications shall be dispensed with a label affixed to the immediate container showing at least the resident's name and location.

23.13(2) Biologicals and other injectables. Biologicals and other injectables prescribed and dispensed for an individual resident shall meet the labeling requirements of subrule 23.11(1). Labeling of biologicals and other injectables supplied to a facility for a health immunization or ongoing screening program, such as influenza vaccine, tuberculin skin test, or hepatitis B, and intended for use in the facility, shall include the following information and such label shall be affixed so as not to obscure the manufacturer's label:

a. Identification of pharmacy;

b. Name of facility;

c. Name of biological or medication;

d. Route of administration when necessary for clarification;

e. Strength of biological or medication;

f. Auxiliary labels as needed;

g. Expiration date;

h. Date dispensed;

i. Lot number.

23.13(3) Legend solutions--irrigation and infusion. Legend irrigation solutions and infusion solutions supplied by a licensed pharmacy may be stored in the locked medication area of a long-term care facility provided that:

a. The facility uses the solution only within the confines of the facility and under the orders of an authorized prescriber;

b. Upon use, the container is identified by resident name;

c. The container is dated and initialed upon opening;

d. The solution is stored appropriately after opening according to facility policy.

23.13(4) Medications added to parenteral, enteral, or irrigation solutions. Whenever any medications are added to such solutions, whether within or outside the direct and personal supervision of a licensed pharmacist, such admixture shall be labeled with a distinctive supplementary label indicating the patient's name; the drug name, dosage, and strength per unit/volume of the medication added; the date and time of addition or dilution; the expiration date, administration time, and infusion rate when applicable; and the identity of the person so adding. If the medication is intended for addition, dilution, or reconstitution in the facility by a licensed nurse outside the direct and personal supervision of the pharmacist, specific directions for such dilution, reconstitution, or addition shall accompany the medication.

23.13(5) Floor stocked, nonprescription medication containers. All such nonprescription medications intended for use within the facility shall be in appropriate containers and adequately labeled as to identify, at a minimum, brand name or generic name and manufacturer, strength, lot number, and expiration date. An internal code which centrally references manufacturer and lot number may be utilized.

23.13(6) Leave meds. Labeling of prescription medications for residents on leave from the facility for a period in excess of 24 hours shall comply with 657--subrule 8.14(1). The pharmacy shall be responsible for packaging and labeling leave meds in compliance with this subrule.

23.13(7) Discharge meds. Medications authorized for a resident being discharged from the facility shall be labeled in compliance with 657--subrule 8.14(1) before the resident removes those medications from the facility premises. The pharmacy shall be responsible for packaging and labeling discharge meds in compliance with this subrule.

657--23.14(124,155A) Return and reuse of medications and devices. Pharmacists and pharmacies shall not accept from residents or their agents for reuse or resale any drugs, prescribed medications, chemicals, poisons or medical devices unless, in the professional judgment of the pharmacist, the integrity of the prescription drug has not in any way been compromised. Under no circumstances shall a pharmacist accept from a patient or patient's agent any controlled substances for return, exchange, or resale except to the same patient. Prescription drugs, excluding controlled substances, dispensed in unit dose, unit of issue, or single unit packaging pursuant to 657--23.12(124,126,155A) may, however, be returned and reused as authorized in subrule 23.12(5). No items of personal contact nature which have been removed from the original package or container after sale shall be accepted for return, exchanged, or resold by any pharmacist.

657--23.15(124,155A) Destruction of outdated and improperly labeled medications. The consultant pharmacist, in consultation with the provider pharmacist, shall develop and implement policies and procedures to ensure that all discontinued, outdated, deteriorated, or improperly labeled medications or containers with worn, illegible or missing labels are destroyed or disposed of so as to render them unusable. Such medications shall be destroyed by means that will ensure protection against unauthorized possession or use.

657--23.16(124,155A) Accountability of controlled substances.

23.16(1) Proof of use. Documentation of use of Schedule II controlled substances shall be upon proof-of-use forms. A committee or representative of the facility may also require that Schedule III, IV, or V controlled substances or any other medications be accounted for on proof-of-use forms. Proof-of-use forms shall specify at a minimum:

a. Name of medication;

b. Dose;

c. Name of ordering prescriber;

d. Name of resident;

e. Date and time of administration to resident;

f. Signature and title of individual administering;

g. Documentation of destruction, return to the pharmacy, or other disposition of all unused portions of single doses including two signature verifications, at least one of which is a licensed healthcare professional.

23.16(2) Container requirement. Any medication required to be counted and accounted for with proof-of-use forms shall be dispensed in a container that allows verification of individual doses. Containers for solid oral doses must allow visual identification of individual doses and individual accountability.

657--23.17(124,155A) Schedule II orders. This rule shall not apply to Schedule II controlled substances orders in facilities which utilize a floor stock distribution system as provided in subrule 23.11(4). Schedule II controlled substances in all other facilities shall be dispensed only upon receipt of an original written order signed by the prescribing individual practitioner or upon receipt of a facsimile transmission of an original written order signed by the prescribing individual practitioner pursuant to rule 657--21.9(124,155A). In emergency situations as defined in 657--subrule 10.13(5), Schedule II controlled substances may be dispensed in compliance with the requirements of rule 657--10.13(124) or rule 657-- 21.7(124,155A), as applicable. In all cases, any order for a Schedule II controlled substance shall specify the total quantity authorized by the prescriber.

657--23.18(124,155A) Dispensing Schedule II controlled substances. A pharmacy that dispenses Schedule II controlled substances shall advise facility personnel that federal and state laws and regulations governing such medications require that accurate records be kept of their administration or their ultimate disposition in compliance with rule 657-- 23.16(124,155A). The pharmacy shall further advise facilities that stored Schedule II substances shall be double locked in accordance with rules of the Iowa department of inspections and appeals. The requirement for double locking Schedule II controlled substances shall not apply to periods during which medications are being administered to residents; however, these substances shall be secured during such administration periods.

657--23.19(124,155A) Partial filling of Schedule II controlled substances. A medication order for a Schedule II controlled substance written for a resident in a long-term care facility (LTCF) may be filled in partial quantities to include individual dosage units. The pharmacist must record on the medication order that the patient is an "LTCF patient." A medication order that is partially filled and does not contain the notation "LTCF patient" shall be deemed to have been filled in violation of the controlled substances Act.

23.19(1) Partial filling record. For each partial filling, the dispensing pharmacist shall record on the back of the medication order (or on another appropriate record, uniformly maintained, and readily retrievable) the date of the partial filling, quantity dispensed, remaining quantity authorized to be dispensed, and the identification of the dispensing pharmacist.

23.19(2) Total dispensed. The total quantity of Schedule II controlled substances dispensed in all partial fillings must not exceed the total quantity prescribed.

23.19(3) Duration. Schedule II medication orders for residents in a long-term care facility shall be valid for a period not to exceed 60 days from the issue date unless sooner terminated by the discontinuance of medication.

23.19(4) Requirements of computerized system. Information pertaining to current Schedule II medication orders for residents in a long-term care facility may be maintained in a computerized system if this system has the capability to permit:

a. Output (display and printout) of the original prescription number, date of issue, identification of prescribing individual practitioner, identification of resident, address of the long-term care facility, identification of medication authorized (to include dosage form, strength and quantity), listing of the partial fillings that have been dispensed under each medication order, and the information required in this rule.

b. Immediate (real-time) updating of the medication order record each time a partial filling of the medication order is conducted.

c. Retrieval of partially filled Schedule II medication order information as required in 657--subrule 21.11(6).

657--23.20(124,155A) Destruction of controlled substances. Controlled substances dispensed to a resident in a long-term care facility and subsequently requiring destruction due to discontinuance of the medication, death of the resident, or other reasons necessitating destruction shall be destroyed by one of the following methods.

23.20(1) Destruction or other disposition of controlled substances in facility. In facilities staffed by one or more persons licensed to administer medications, controlled substances may be destroyed by a licensed healthcare professional (pharmacist, registered nurse, licensed practical nurse) in witness of one other responsible adult. The professional destroying or otherwise disposing the medication shall prepare and maintain a readily retrievable record of the destruction or other disposition which shall be clearly marked to indicate the destruction or other disposition of resident medications. The record shall include, at a minimum, the following:

a. Resident name;

b. The name, strength, and dosage form of the substance;

c. The quantity destroyed or otherwise disposed;

d. The date the substance is destroyed or disposed;

e. The signature or uniquely identifying initials or other unique identification of the professional and the witness.

23.20(2) Destruction or other disposition of controlled substances in long-term care pharmacy. Controlled substances returned to the pharmacy for destruction or other disposition may be destroyed or otherwise disposed by a pharmacist in witness of one other person. The pharmacist shall prepare and maintain in the pharmacy a readily retrievable record of the destruction or other disposition which shall be clearly marked to indicate the destruction or other disposition of noninventory or resident medications. The record shall include, at a minimum, the following:

a. Source of the controlled substance (resident name, identification of resident facility, and date of return from the facility);

b. The name, strength, and dosage form of the substance;

c. The quantity returned and destroyed or otherwise disposed;

d. The date the substance is destroyed or otherwise disposed;

e. The signature or uniquely identifying initials or other unique identification of the pharmacist and the witness.

These rules are intended to implement Iowa Code sections 124.301, 124.306, 124.308, 126.10, 155A.2, 155A.13, 155A.13A, 155A.15, 155A.21, 155A.27, 155A.28, 155A.33, 155A.35, and 155A.36.

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/19/99.

ARC 8974A

Pursuant to the authority of Iowa Code sections 17A.22, 147.76, 124.301, 126.17, 205.13, 272C.5, and 272C.10, the Board of Pharmacy Examiners hereby rescinds Chapter 9, "Discipline," Iowa Administrative Code, and adopts new Chapter 35, "Contested Cases," Iowa Administrative Code.

The amendment rescinds current Chapter 9 and adopts new rules applicable to all contested case proceedings, including disciplinary actions. The new rules establish procedures and requirements for all contested case proceedings to implement changes to the Iowa Administrative Procedures Act, which changes are effective July 1, 1999. The new rules address hearing notices, pleadings, and other documents; identify the presiding officer for nondisciplinary hearings and the duties and responsibilities of the presiding officer; include procedures and requirements for the issuance of subpoenas in a contested case proceeding and in an investigation; and include procedures for prehearing conferences, for continuances, for contested case hearings, for emergency adjudication, and for appeal and review. The new rules also address ex parte communications, stipulations, evidence, default, and stays of Board actions.

Notice of Intended Action was published in the March 10, 1999, Iowa Administrative Bulletin as ARC 8781A. The adopted rules are identical to those published under Notice.

The amendment was approved during the April 14, 1999, meeting of the Board of Pharmacy Examiners.

This amendment will become effective on June 23, 1999.

These rules are intended to implement Iowa Code sections 17A.10 to 17A.23 as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code sections 124.304, 124B.12, 126.17, 147.96, 155A.6, 155A.12, 155A.13A, 155A.15 to 155A.18, 155A.26, 205.11, 272C.3 to 272C.6, 272C.9, and 272C.10.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [rescind Ch 9; adopt Ch 35] is being omitted. These rules are identical to those published under Notice as ARC 8781A, IAB 3/10/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 8976A

Pursuant to the authority of Iowa Code sections 124.301, 126.11, 147.76, and 155A.13, the Board of Pharmacy Examiners hereby amends Chapter 20, "Pharmacy Compounding Practices," Iowa Administrative Code.

The amendments modify definitions, add new definitions, and revise requirements for the compounding of prescription medications for patients in Iowa to ensure compliance with definitions and requirements of the federal Food and Drug Administration Modernization Act of 1997, thereby ensuring that Iowa pharmacists and pharmacies may continue to prepare and dispense medications compounded pursuant to these rules.

Notice of Intended Action was published in the March 10, 1999, Iowa Administrative Bulletin as ARC 8782A. The adopted amendments are identical to those published under Notice.

The amendments were approved during the April 14, 1999, meeting of the Board of Pharmacy Examiners.

These amendments will become effective on June 23, 1999.

These amendments are intended to implement Iowa Code sections 124.302, 124.303, 124.306, 124.308, 124.501, 126.9, 126.10, 126.18, 155A.2, 155A.28, 155A.33, and 155A.35.

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 [20.1 to 20.3, 20.4(1), 20.4(2), 20.4(5), 20.5(1), 20.6, 20.7, 20.8(1), 20.9, 20.10(1), 20.10(2), 20.10(6), 20.11(1), 20.12(2), 20.12(3)] is being omitted. These amendments are identical to those published under Notice as ARC 8782A, IAB 3/10/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 8977A

Pursuant to the authority of Iowa Code sections 17A.9 and 17A.22, the Board of Pharmacy Examiners hereby rescinds Chapter 27, "Declaratory Rulings," and adopts Chapter 27, "Declaratory Orders," Iowa Administrative Code.

New Chapter 27 provides for the form, contents, and filing of petitions for declaratory orders; the procedures, rights, and responsibilities of persons relative to such petitions; and the procedures and responsibilities of the Board relative to petitions for declaratory orders.

Notice of Intended Action was published in the March 10, 1999, Iowa Administrative Bulletin as ARC 8783A. The adopted rules are identical to those published under Notice.

These rules were approved during the April 14, 1999, meeting of the Board of Pharmacy Examiners.

These rules will become effective on June 23, 1999.

These rules are intended to implement Iowa Code section 17A.9 as amended by 1998 Iowa Acts, chapter 1202, section 13.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Ch 27] is being omitted. These rules are identical to those published under Notice as ARC 8783A, IAB 3/10/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 8978A

Pursuant to the authority of Iowa Code section 17A.22, the Board of Pharmacy Examiners hereby rescinds Chapter 28, "Agency Procedure for Rule Making," Iowa Administrative Code, and adopts Chapter 28 with the same title.

New Chapter 28 identifies the procedures, requirements, formats, and record keeping relative to the notice and adoption of administrative rules. The rules address the rights of individuals, organizations, and businesses regulated by the Board relative to the rule-making processes including regulatory analysis, fiscal impact statements, open comment periods, and requests for review of rules. The rules also address specific instances where it may be necessary for the Board to adopt rules without providing for public notice, comment, or publication.

Notice of Intended Action was published in the March 10, 1999, Iowa Administrative Bulletin as ARC 8784A. The adopted rules are identical to those published under Notice.

These rules were approved during the April 14, 1999, meeting of the Board of Pharmacy Examiners.

These rules will become effective on June 23, 1999.

These rules are intended to implement Iowa Code sections 17A.3 to 17A.7 as amended by 1998 Iowa Acts, chapter 1202.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Ch 28] is being omitted. These rules are identical to those published under Notice as ARC 8784A, IAB 3/10/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 8968A

Pursuant to the authority of Iowa Code section 147.76, the Board of Mortuary Science Examiners amends Chapter 101, "Board of Mortuary Science Examiners," Iowa Administrative Code.

These amendments clarify the requirements for internship, which must be completed in Iowa and be supervised by an Iowa licensed funeral director. These amendments allow the board to extend an internship if the applicant does not meet the minimum requirements for the practice of mortuary science.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 10, 1999, as ARC 8751A. A public hearing was held on April 1, 1999, from 9 to 11 a.m., in the Fifth Floor Board Conference Room, Lucas State Office Building, Des Moines, Iowa. No comments were received at the hearing. One written comment was received from the Iowa Funeral Directors Association. After discussion with the representatives from the Iowa Funeral Directors Association the board voted to make no changes to the noticed amendments. These amendments are identical to those published under Notice.

The amendments were approved during the April 20, 1999, conference call meeting of the Board of Mortuary Science Examiners.

These amendments will become effective on June 23, 1999.

These amendments are intended to implement Iowa Code chapter 156.

The following amendments are adopted.

ITEM 1. Amend paragraphs 101.3(1)"a" and 101.3(1)"b" as follows:

a. The intern applicant must serve a minimum of one year of internship in Iowa under the direct supervision of a board-certified preceptor. The beginning and ending dates of the internship shall be indicated on the internship certificate. The intern applicant shall only engage in the practice of mortuary science during the time indicated on the internship certificate. The intern applicant must be approved and licensed following a successful internship before the intern applicant may practice mortuary science.

b. The intern applicant shall, during this internship, embalm not less than 25 dead human bodies and direct or assist in the direction of not less than 25 funerals under the direct supervision of the certified preceptor and report on forms furnished by the department of public health. Work on the first 5 embalming cases and funeral cases must be completed in the physical presence of the preceptor. The first 12 embalming cases and first 12 funeral case reports must be completed and submitted by the completion of the sixth month of the internship.

ITEM 2. Adopt new paragraph 101.3(1)"g" as follows:

g. The length of an internship may be extended if the board determines that the intern applicant requires additional time or supervision in order to meet the minimum proficiency in the practice of mortuary science.

ITEM 3. Amend paragraph 101.3(2)"b" as follows:

b. Any duly Iowa licensed and practicing funeral director in good standing for a minimum of five years with the board of mortuary science examiners will be eligible to be certified as a preceptor. This certificate is awarded after completion of a training course as prescribed by the board covering the subjects specified by the board. The training course may be counted toward the continuing education hours required for that licensing period.

ITEM 4. Adopt new paragraph 101.3(2)"e" as follows:

e. Certify that the intern shall engage in the practice of mortuary science only during the time frame designated on the official intern certificate.

ITEM 5. Adopt new subparagraph 101.3(2)"f"(1) as follows:

(1) Be physically present and supervise the first five embalmings and first five funeral cases.

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/19/99.

ARC 8969A

Pursuant to the authority of Iowa Code section 147.76, the Board of Mortuary Science Examiners hereby amends Chapter 101, "Board of Mortuary Science Examiners," Iowa Administrative Code.

This amendment allows licensees to apply continuing education credits earned from January 1, 1999, to June 30, 1999, either for the 1999 renewal or the following renewal of their funeral director's licenses. This will be allowed only during this transitional period of converting renewals to the licensee's birth month.

Notice of Intended Action was published in the Iowa Administrative Bulletin on January 13,1999, as ARC 8605A. No written or verbal comments were received. This amendment is identical to the one published under Notice.

This amendment was adopted during the April 8, 1999, meeting of the Board of Mortuary Science Examiners.

This amendment will become effective June 23, 1999.

This amendment is intended to implement Iowa Code chapters 156 and 272C.

The following amendment is adopted.

Adopt new subrule 101.101(8) as follows:

101.101(8) Continuing education credit earned from January 1, 1999, through June 30, 1999, may be used for either the July 1999 compliance or the following biennium period. The licensee may use the continuing education credit hours earned only once. Credit may not be duplicated for both compliance periods. This subrule applies only for the renewal biennium of 1999 and the following renewal biennium.

EDITOR'S NOTE: For replacement pages for IAC, see IAC Supplement 5/19/99.

ARC 9033A

Pursuant to the authority of Iowa Code sections 17A.3 and 321.4, the Department of Public Safety hereby rescinds Chapter 10, "Practice and Procedure Before the Department of Public Safety," Iowa Administrative Code, and adopts a new chapter with the same title.

Responsibility for various administrative procedures outlined in Iowa Code chapter 17A is assigned to each executive branch agency within state government. To guide the execution of these responsibilities, Uniform Rules on Agency Procedure governing administrative procedures before state agencies have been developed. The Department of Public Safety is rescinding the current Chapter 10 and adopting these uniform rules, with significant amendments to fit the department's particular circumstances. This chapter had been in need of substantial updating to meet the requirements of Iowa Code chapter 17A as amended in 1998 Iowa Acts, chapter 1202, which takes effect on July 1, 1999. The Department is adopting the new chapter in order to update its procedures in compliance with the new language of the Iowa Administrative Procedure Act.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8855A. A public hearing was held on April 19, 1999. No comments regarding the proposed rules were received at the public hearing or otherwise. The only change from the Notice of Intended Action is the addition of the following definitions of "commissioner" and "department."

"Commissioner" means the commissioner of the Iowa department of public safety.

"Department" means the Iowa department of public safety.

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

These rules become effective July 1, 1999.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Ch 10] is being omitted. With the exception of

the changes noted above, these rules are identical to those published under Notice as ARC 8855A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9021A

Pursuant to the authority of Iowa Code section 543D.5, the Real Estate Appraiser Examining Board hereby amends Chapter 1, "Definitions," and Chapter 2, "Organization and Administration," and rescinds Chapter 8, "Investigations and Disciplinary Procedures," Iowa Administrative Code, and adopts a new Chapter 8 with the same title.

Chapter 8 is rescinded and a new Chapter 8 is adopted which implements changes to the Uniform Rules on Agency Procedure required by the Iowa Administrative Procedure Act in 1998 Iowa Acts, chapter 1202. The amendments to Chapters 1 and 2 include changes to comply with 1998 Iowa Acts, chapter 1202, as well.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8813A.

There are no changes from the Notice of Intended Action.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapters 272C and 544A.

These amendments will become effective June 23, 1999.

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 [1.1, 2.12 to 2.23, Ch 8] is being omitted. These amendments are identical to those published under Notice as ARC 8813A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9022A

Pursuant to the authority of Iowa Code section 421.1, the State Board of Tax Review hereby adopts amendments to Chapter 1, "State Board of Tax Review--Administration," and Chapter 2, "Conduct of Appeals, Rules of Practice and Procedure," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin, volume XXI, number 20, page 2193, on March 24, 1999, as ARC 8850A.

Chapter 1 is amended by adding new rules pertaining to declaratory orders and petitions for rule making and to provide that decisions by the state board be issued within a reasonable time after the submission of the matter to the board. Chapter 2 is amended by placing rules 701--2.1(421,17A) to 701--2.23(421,17A) under Division I, entitled "Conduct of Appeals for Proceedings Commenced Before July 1, 1999, and General Rules of Practice and Procedure."

This chapter is also amended by creating a Division II entitled "Rules Governing Contested Case Proceedings Commenced on or After July 1, 1999." Under Division II there will be two sections; Section A, entitled "Appeals from Final Contested Case Decisions of or Attributable to the Director of Revenue and Finance," contains rules 701-- 2.24(421,17A) to 701--2.38(421,17A). Division II, Section B, entitled "Rules Governing Contested Case Proceedings in which the State Board has Original Jurisdiction to Commence a Contested Case Proceeding," contains rules 701-- 2.39(421,17A) to 701--2.76(421,17A).

These amendments are identical to those published under Notice of Intended Action.

These amendments will become effective July 1, 1999, after filing with the Administrative Rules Coordinator and publication in the Iowa Administrative Bulletin.

These amendments are intended to implement 1998 Iowa Acts, chapter 1202.

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, 2] is being omitted. These amendments are identical to those published under Notice as ARC 8850A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9024A

Pursuant to the authority of Iowa Code sections 421.17 and 17A.3, the Department of Revenue and Finance hereby adopts amendments to Chapter 7, "Practice and Procedure Before the Department of Revenue and Finance," and Chapter 10, "Interest, Penalty, Exceptions to Penalty, and Jeopardy Assessments," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin, volume XXI, number 20, page 2203, on March 24, 1999, as ARC 8786A.

Rules governing informal, formal, administrative, and judicial review and other Department proceedings commenced before July 1, 1999, are placed in a new Division I of Chapter 7. New rules 7.36(421,17A) to 7.59(17A) are set forth under a new Division II, of Chapter 7 to govern informal, formal, administrative, and judicial review procedures applicable to contested cases and other proceedings commenced on or after July 1, 1999, in order to implement 1998 Iowa Acts, chapter 1202. Item 3 amends the Department's procedures for posting bonds. Rules 701--10.117(422, 453B) through 701--10.123(422,453B) and 701--10.126 (422,453B) are amended to incorporate the language and procedures of 1998 Iowa Acts, chapter 1202.

These amendments are identical to those published under Notice of Intended Action.

These amendments will become effective June 23, 1999, after filing with the Administrative Rules Coordinator and publication in the Iowa Administrative Bulletin.

These amendments are intended to implement 1998 Iowa Acts, chapter 1202.

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 7, 10] is being omitted. These amendments are identical to those published under Notice as ARC 8786A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9025A

Pursuant to the authority of Iowa Code section 421.17 and Iowa Code chapter 28E, the Department of Revenue and Finance hereby adopts amendments to Chapter 150, "Offset of Debts Owed State Agencies," Iowa Administrative Code.

Notice of Intended Action was published in IAB volume XXI, number 20, page 2224, on March 24, 1999, as ARC 8785A.

This amendment adopts a new heading and new rules to implement Iowa Code section 421.17 [1998 Iowa Acts, Senate File 2235, sections 4 to 6]. This new law provides that effective April 17, 1998, offsets performed by the Department for clerks of the Iowa District Courts require the Department to send written notice of the offset before it is performed to the person liable for the judicial liability. The Department will then perform the offset and after the offset is performed by the Department, the Department is required to send written notice to the person liable for the liability owing to any and all clerks of the Iowa District Court. Pursuant to this new provision, the state agency retains the responsibility to provide procedures for the person liable to contest the amount owed to the clerk of the District Court. However, under this new law, the Department must provide the procedure and remedies available for contesting the validity of the offset.

There are two changes from the Notice of Intended Action. The first sentence of 701--150.12(421) has been amended to read as follows: "For liabilities accrued and owing on or after April 17, 1998, to any and all clerks of the Iowa district court, the department shall issue a written notice informing any person that has a valid claim against a state agency that is a liquidated sum, due, owing, and payable and in which such a person is liable for the liability owed to any and all clerks of the Iowa district court that an offset will be performed." In addition, the first sentence of 701--150.13(421) has been amended to read as follows: "The department shall send written notification of the offset to the person that has a valid claim against any state agency that is a liquidated sum, due and payable and in which such a person is liable for a liability owed to any and all clerks of the Iowa district court within ten calendar days from the date the department is notified by the judicial branch of the uncollected liability."

This amendment is made upon the request of Department staff to clarify the parties that are to receive pre-offset notices from the Department.

The amendment will become effective June 23, 1999, after filing with the Administrative Code Coordinator and publication in the Iowa Administrative Bulletin.

This amendment is intended to implement Iowa Code sections 421.16, 421.17(29)"g," "i," "k," 422.20 and 422.72.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [150.10 to 150.16] is being omitted. With the exception of the changes noted above, these rules are identical to those published under Notice as ARC 8785A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9011A

Pursuant to the authority of Iowa Code sections 9.1 and 17A.3, the Secretary of State adopts Chapter 7, "Agency Procedure for Rule Making," Chapter 8, "Petitions for Rule Making," and Chapter 9, "Declaratory Orders," Iowa Administrative Code.

The adoption of Chapters 7, 8, and 9 is intended to bring the agency into compliance with the amendments to the Iowa Administrative Procedure Act made by 1998 Iowa Acts, chapter 1202, with regard to rule-making procedures and declaratory orders. This rule making does not address potential amendments to agency contested case procedures; additional review of agency practice is necessary to determine what amendments to agency procedures will be required, if any.

Chapters 7 and 9 adopt the Uniform Rules on Rule Making and Declaratory Orders as published in the February 24, 1999, Iowa Administrative Bulletin. The Uniform Rules are customized to make generic references to "the agency" or "the office" to the Secretary or the Secretary's Office as appropriate. The most substantive modifications to the Uniform Rules are in rule 7.3(17A) and in 7.5(3)"d." In rule 7.3(17A), the agency is omitting the extrastatutory language regarding an anticipated rule-making docket, retaining the pending rule-making docket, in order to best allocate agency resources. In 7.5(3)"d," regarding the conduct of an oral hearing on proposed rules, the rule as noticed requires, rather than encourages, persons who wish to make an oral presentation at a public hearing on a rule to notify the agency at least one business day prior to the proceeding. Chapter 8 adopts the Uniform Rules on Petitions for Rule Making appearing in the first volume of the Iowa Administrative Code.

Notice of Intended Action was published in the March 24, 1999, Iowa Administrative Bulletin as ARC 8842A. The adopted rules are identical to the proposed rules as published.

These rules will become effective on July 1, 1999.

These rules are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code section 9.1.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Chs 7, 8, 9] is being omitted. These rules are identical to those published under Notice as ARC 8842A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 8992A

Pursuant to the authority of Iowa Code section 13B.4(7), the State Public Defender hereby rescinds Chapter 3, "Declaratory Rulings," and adopts a new Chapter 3, "Declaratory Orders," and adopts Chapter 5, "Agency Procedure for Rule Making," Iowa Administrative Code.

The amendments bring the Agency's rules on administrative rule making and declaratory orders into conformance with 1998 Iowa Acts, chapter 1202, which amended the Iowa Administrative Procedure Act.

The Agency's amendments to its rules are based on the amendments to the Uniform Rules on Agency Procedure drafted by a task force from the Attorney General's Office and published in the first volume of the Iowa Administrative Code and the Iowa Administrative Bulletin on February 24, 1999.

The adopted amendments are identical to those published under Notice of Intended Action in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8793A. No comments were received on the amendments.

These amendments will become effective July 1, 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.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Chs 3, 5] is being omitted. These rules are identical to those published under Notice as ARC 8793A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9010A

Pursuant to the authority of Iowa Code sections 17A.3 and 216A.54, the Division on the Status of Women, Department of Human Rights, hereby adopts Chapter 7, "Declaratory Orders," Chapter 8, "Petitions for Rule Making," and Chapter 9, "Agency Procedure for Rule Making," Iowa Administrative Code.

Chapters 7, 8, and 9 govern declaratory orders, petitions for rule making, and procedures for rule making in compliance with 1998 Iowa Acts, chapter 1202.

Notice of Intended Action was published in the March 24, 1999, Iowa Administrative Bulletin as ARC 8816A. No public comment was received on these rules. The adopted rules are identical to those published under Notice.

These rules will become effective June 23, 1999.

These rules are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code section 216A.54.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Chs 7, 8, 9] is being omitted. These rules are identical to those published under Notice as ARC 8816A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9030A

Pursuant to the authority of Iowa Code sections 17A.3(1)"b" and 8D.3, the Iowa Telecommunications and Technology Commission on April 21, 1999, rescinded Chapter 3, "Petitions for Rule Making and Petitions for Declaratory Rulings," and Chapter 4, "Contested Cases," and adopted a new Chapter 3, "Declaratory Orders," a new Chapter 4, "Contested Cases," and a new Chapter 18, "Procedure for Rule Making," Iowa Administrative Code.

These amendments revise the Commission'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 Commission's rules are based on the amendments of the Attorney General's task force, with some omissions and modifications to fit the Commission's needs. The task force's amendments are 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 Commission's rules will be in compliance with 1998 Iowa Acts, chapter 1202. The major changes governing the rule-making process in 1998 Iowa Acts, chapter 1202, which are to be effective July 1, 1999, are as follows:

* In Chapter 3 the Commission 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 4 the Commission has revised its contested case rules to be consistent with the changes in the law. The rule provides 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 18 the Commission has included rules governing rule making, the regulatory analysis of a rule and the requirements for economic impact statements. The rule also refers 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 rule requires the Commission to make this review if such a review has not been conducted in the previous five years. The rule identifies the various members of government or the public that have the right to make this request.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8841A. No public hearing was held on these amendments and no comments were received by the agency.

The only revision the Commission made to these rules is in rule 4.1(17A). The Commission decided to omit contract awards from contested case proceedings. The Commission will adopt less formal procedures for vendor appeals at a later date.

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

These amendments will become effective June 23, 1999.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Chs 3, 4, 18] is being omitted. With the exception of the change noted above, these rules are identical to those published under Notice as ARC 8841A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9042A

Pursuant to the authority of Iowa Code sections 17A.3 and 169.5, the Board of Veterinary Medicine rescinds Chapter 3, "Declaratory Rulings," and adopts a new Chapter 3, "Declaratory Orders," and rescinds Chapter 4, "Agency Procedure for Rule Making," and Chapter 10, "Discipline," Iowa Administrative Code, and adopts new Chapters 4 and 10 with the same titles.

These amendments are intended to implement 1998 Iowa Acts, chapter 1202, relating to revisions to the Iowa Administrative Procedure Act. The amendments rescind the existing chapters on agency rule making, declaratory rulings, and the handling of contested cases. The amendments adopt by reference the uniform rules drafted by the Attorney General's office in the areas of rule making and declaratory orders. The amendments adopt new language relating to licensee discipline and contested cases. The new language is similar to the uniform rules in many respects, but there are substantial changes from those rules to reflect the nature of the Board.

Notice of Intended Action was published in the Iowa Administrative Bulletin on March 24, 1999, as ARC 8820A.

All comments received concerning the adopted rules were supportive of the amendments.

The amendments will become effective on July 1, 1999.

These amendments are intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapters 169 and 272C.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Chs 3, 4, 10] is being omitted. These rules are identical to those published under Notice as ARC 8820A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9006A

Pursuant to the authority of Iowa Code sections 84A.1B(9) and 96.11, the Department of Workforce Development amends Chapter 2, "Mission and Structure," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 8732A on March 10, 1999. No comments were received from the public. This rule is identical to the one published under Notice of Intended Action.

This rule allows persons to submit criticisms of agency rules. This rule is adopted to comply with the Iowa Administrative Procedure Act as amended by 1998 Iowa Acts, chapter 1202, which goes into effect on July 1, 1999.

The Workforce Development Board adopted this rule on April 21, 1999.

This rule will become effective on June 23, 1999.

This rule is intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapter 84A.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of this rule [2.3] is being omitted. This rule is identical to the one published under Notice as ARC 8732A, IAB 3/10/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9007A

Pursuant to the authority of Iowa Code sections 84A.1B(9) and 96.11, the Department of Workforce Development rescinds Chapter 9, "Labor-Management Cooperation Program," Iowa Administrative Code, and adopts a new Chapter 9 with the same title.

Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 8707A on February 24, 1999. No comments concerning the new chapter were received from the public. The new chapter is identical to that published under Notice of Intended Action.

Pursuant to 1998 Iowa Acts, chapter 1225, section 9, paragraph 6, the responsibility of the State Labor Management Council was not reauthorized. Responsibility for the program has been transferred to the state Workforce Development Board. The rules reflect this change and procedures for local committees to access training grants and technical assistance available from the Department.

The Workforce Development Board adopted the new chapter on April 21, 1999.

These rules will become effective on June 23, 1999.

The new chapter is intended to implement 1998 Iowa Acts, chapter 1225, section 9, paragraph 6.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [Ch 9] is being omitted. These rules are identical to those published under Notice as ARC 8707A, IAB 2/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9008A

Pursuant to the authority of Iowa Code sections 84A.1B(9) and 96.11, the Department of Workforce Development adopts an amendment to Chapter 26, "Petitions," Iowa Administrative Code.

Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 8731A on March 10, 1999. No comments concerning the amendment were received from the public. The adopted amendment is identical to that published under Notice of Intended Action.

The adopted amendment makes revisions to the procedures to file petitions for declaratory orders in order to comply with amendments to the Iowa Administrative Procedure Act.

The Workforce Development Board adopted the amendment on April 21, 1999.

This amendment will become effective on June 23, 1999.

This amendment is intended to implement Iowa Code chapter 17A as amended by 1998 Iowa Acts, chapter 1202, and Iowa Code chapter 96.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of this rule [26.2] is being omitted. This rule is identical to that published under Notice as ARC 8731A, IAB 3/10/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

ARC 9009A

Pursuant to the authority of Iowa Code section 84A.1B, the Workforce Development Department hereby adopts amendments to Chapter 1, "Administration," and Chapter 2, "Customer and Administrative Services Division," Iowa Administrative Code.

Notice of Intended Action was published in IAB, volume XXI, number 20, on March 24, 1999, as ARC 8809A.

These amendments make nonsubstantive changes to the Department's rules in order to reflect the current organizational structure. These amendments are identical to those published under Notice of Intended Action.

The amendments will become effective June 23, 1999, after filing with the Administrative Rules Coordinator and publication in the Iowa Administrative Bulletin.

These amendments are intended to implement Iowa Code chapter 84A.

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 [1.1(6), 2.1(2), 2.4(4), 2.5, 2.7(2), 2.8] is being omitted. These amendments are identical to those published under Notice as ARC 8809A, IAB 3/24/99.

[For replacement pages for IAC, see IAC Supplement 5/19/99.]

Previous Bulletin

Table of Contents

Next Bulletin

© 1999 Cornell College and League of Women Voters of Iowa

Comments about this site or page? lsbinfo@legis.state.ia.us.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed May 19 0:11:32 CDT 1999
URL: /Rules/1999/Bulletin/acb990519.html
sam